Titus Livius (Livy), Ab urbe condita, Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Alfred C. Schlesinger, Ph.D. (Editor), 8.23

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[1]

ab utroque consule exiguam spem pacis ¹ cum Samnitibus esse certior fit senatus: Publilius ² duo milia Nolanorum militum et quattuor Samnitium magis Nolanis cogentibus quam voluntate Graecorum recepta Palaepoli; ³

[2] Cornelius dilectum indictum a magistratibus universumque Samnium erectum ac ⁴ vicinos populos, Privernatem Fundanumque et Formianum, haud ambigue sollicitari.

[3] ob haec cum legatos mitti placuisset prius ad Samnites quam bellum fieret, responsum redditur ab Samnitibus ferox.

[4] ultro incusabant iniurias Romanorum, neque eo neglegentius ea quaeipsis obicerentur purgabant:

[5] haud ullo publico consilio auxiliove iuvari Graecos nec Fundanum Formianumve a se sollicitatos; quippe minime paenitere se virium suarum, si bellum placeat.

[6] ceterum non posse dissimulare aegre pati civitatem Samnitium quod Fregellas ex Volscis captas dirutasque ab se restituerit Romanus populus, coloniamque in Samnitium agro imposuerint, quam coloni eorum Fregellas appellent;

[7] eam se contumeliam iniuriamque, ni sibi ab iis qui fecerint dematur, ipsos omni vi depulsuros esse.

[8] cum Romanus legatus ad disceptandum eos ad communes socios atque amicos vocaret,

quid perplexe agimus?

inquit;

nostra certamina, Romani, non verba legatorum nec hominum quisquam disceptator, sed campus Campanus, in quo concurrendum est, et arma et communis Mars belli decernet.

[9]

proinde inter Capuam Suessulamque castra castris conferamus, et Samnis Romanusne imperio Italiam regat decernamus.

[10] legati Romanorum cum se non quo hostis ⁵ vocasset ⁶ sed quo imperatores sui duxissent ituros esse respondissent . . ⁷

iam Publilius inter Palaepolim Neapolimque loco opportune capto diremerat hostibus societatem auxilii mutui qua, ut quisque locus premeretur, inter se usi fuerant.

[11] itaque cum et comitiorum dies instaret et Publilium imminentem hostium muris avocari ab spe capiendae in dies urbis haud e re publica esset, actum cum tribunis est,

[12] ad populum ferrent ut, cum Q. Publilius Philo consulatu abisset, pro consule rem gereret quoad debellatum cum Graecis esset.

[13] L. Cornelio, quia ne eum quidem in Samnium iam ingressum revocari ab impetu belli placebat, litterae missae ut dictatorem comitiorum causa diceret. dixit M. Claudium Marcellum;

[14] ab eo magister equitum dictus Sp. Postumius. nec tamen ab dictatore comitia sunt habita, quia vitione creatus esset in disquisitionem venit. consulti augures vitiosum videri dictatorem pronuntiaverunt.

[15] eam rem tribuni suspectam infamemque criminando fecerunt: nam neque facile fuisse id vitium nosci, cum consul oriens de nocte ⁸ silentio diceret dictatorem, neque ab consule cuiquam publice privatimve de ea re scriptum esse nec quemquam ⁹

[16] mortalium exstare qui se vidisse aut audisse quid dicat quod auspicium dirimeret, neque augures divinare Romae sedentes potuisse quid in castris consuli vitii obvenisset; cui non apparere, quod plebeius dictator sit, id vitium auguribus visum? haec aliaque ab tribunis nequiquam iactata;

[17] tandem ¹⁰ ad interregnum res redit, dilatisque alia atque alia de causa comitiis quartus decimus demum interrex L. Aemilius consules creat C. Poetelium ¹¹ L. Papirium Mugillanum; Cursorem in aliis annalibus invenio.

Ab urbe condita. Titus Livius (Livy). Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Alfred C. Schlesinger, Ph.D. (Editor). Medford, MA. .

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

Ab urbe condita (Latin) (Livy in Fourteen Volumes. Foster, Benjamin Oliver; Moore, Frank Gardener; Schlesinger, Alfred C., editors. Cambridge, MA: Harvard University Press; London: William Heinemann, Ltd., 1919-1959 (printing).)

Editions (2)

Ab urbe condita Perseus (Pars I-IV, Libri I-XL. Editio Stereotypica. Weissenborn, Wilhelm; Mueller, Moritz, editors. Leipzig: Teubner, 1884-1911.) — 8.23 focus

[1] ab utroque consule exiguam spem pacis cum Samnitibus esse certior fit senatus: Publilius duo milia Nolanorum militum et quattuor Samnitium, magis Nolanis cogentibus quam voluntate Graecorum, recepta Palaepoli scripserat Romam, Cornelius:

[2] compertum se habere dilectum indictum a magistratibus universumque Samnium erectum ac vicinos populos, Privernatem Fundanumque et Formianum, baud haud ambigue sollicitari.

[3] ob haec cum legatos mitti placuisset prius ad Samnites, quam bellum fieret, responsum redditur ab Samnitibus ferox.

[4] ultro incusabant iniurias Romanorum; neque eo neglegentius ea, quae ipsis obicerentur, purgabant: baud haud ullo publico consilio auxiliove iuvari Graecos;

[5] nec Fundanum Formianumve a se sollicitatos; quippe minime paenitere se virium suarum, si bellum placeat.

[6] ceterum non posse dissimulare aegre pati civitatem Samnitium, quod Fregellas ex Volscis captas dirutasque ab se restituerit Romanus populus coloniamque in Samnitium agro inposuerint, quam coloni eorum Fregellas appellent;

[7] ear eam se contumeliam iniuriamque, ni sibi ab iis, qui fecerint, dematur, ipsos omni vi depulsuros esse.

[8] cum Romanus legatus ad disceptandum eos ad communes socios atque amicos vocaret, “quid perplexe agimus?” inquit; “nostra certamina, Romani, non verba legatorum nec hominum quisquam disceptator, sed campus Campanus, in quo concurrendum est, et arma et communis Mars belli decernet.

[9] proinde inter Capuam Suessulamque castra castris conferamus et, Samnis Romanusne imperio Italiam regat, decernamus.”

[10] legati Romanorum cum se non, quo hostis vocasset, sed quo imperatores sui duxissent, ituros esse respondissent, domum rediere. iam Publilius inter Palaepolim Neapolimque loco opportune capto diremerat hostibus societatem auxilii mutui, qua, ut quisque locus premeretur, inter se usi fuerant.

[11] itaque cum et comitiorum dies instaret et Publilium inminentem hostium muris avocari ab spe capiendae in dies urbis baud haud e re publica esset,

[12] actum cum tribunis est, ad populum ferrent, ut, cum Q. Publilius Philo consulatu abisset, pro consule rem gereret, quoad debellatum cum Graecis esset.

[13] L. Cornelio, quia ne eum quidem in Samnium iam ingressum revocari ab impetu belli placebat, litterae missae, ut dictatorerm dictatorem comitiorum causa diceret.

[14] dixit M. Claudium Marcellum; ab eo magister equitum dictus Sp. Postumius. nec tamen ab dictatore comitia sunt habita, quia, vitione creatus esset, in disquisitionem venit. consulti augures vitiosum videri dictatorem pronuntiaverunt.

[15] eam rem tribuni suspectam infamemque criminando fecerunt: nam neque facile fuisse id vitium nosci, cum consul oriens de nocte silentio diceret dictatorem, neque ab consule cuiquam publice privatimve de ea re scriptum esse,

[16] nec quemquam mortalium extare, qui se vidisse aut audisse quid dicat, quod auspicium dirimeret, neque augures divinare Romae sedentes potuisse, quid in castris consuli vitii obvenisset. cui non apparere, quod plebeius dictator sit, id vitium auguribus visum?

[17] haec aliaque ab tribunis nequiquam iactata; tandem ad interregnum res rediit, dilatisque alia atque alia de causa comitiis quartus decimus demum interrex L. Aemilius consules creat C. Poetelium L. Papirium Mugilanum. Mugillanum; Cursorem in aliis annalibus invenio.

Ab urbe condita Perseus (Conway, Robert Seymour; Walters, Charles Flamstead; Johnson, Stephen Keymer, editors. Oxford: Oxford University Press, 1914-1935. (Oxford Classical Texts)) — 8.23 focus

[1]

[2] Cornelius dilectum indictum a magistratibus universumque Samnium erectum ac ⁴ vicinos populos, Privernatem Fundanumque et Formianum, haud ambigue sollicitari.

[3] ob haec cum legatos mitti placuisset prius ad Samnites quam bellum fieret, responsum redditur ab Samnitibus ferox.

[4] ultro incusabant iniurias Romanorum, neque eo neglegentius ea quaeipsis obicerentur purgabant:

[5] haud ullo publico consilio auxiliove iuvari Graecos nec Fundanum Formianumve a se sollicitatos; quippe minime paenitere se virium suarum, si bellum placeat.

[7] eam se contumeliam iniuriamque, ni sibi ab iis qui fecerint dematur, ipsos omni vi depulsuros esse.

[8] cum Romanus legatus ad disceptandum eos ad communes socios atque amicos vocaret,

quid perplexe agimus?

inquit;

nostra certamina, Romani, non verba legatorum nec hominum quisquam disceptator, sed campus Campanus, in quo concurrendum est, et arma et communis Mars belli decernet.

[9]

proinde inter Capuam Suessulamque castra castris conferamus, et Samnis Romanusne imperio Italiam regat decernamus.

[10] legati Romanorum cum se non quo hostis ⁵ vocasset ⁶ sed quo imperatores sui duxissent ituros esse respondissent . . ⁷

iam Publilius inter Palaepolim Neapolimque loco opportune capto diremerat hostibus societatem auxilii mutui qua, ut quisque locus premeretur, inter se usi fuerant.

[11] itaque cum et comitiorum dies instaret et Publilium imminentem hostium muris avocari ab spe capiendae in dies urbis haud e re publica esset, actum cum tribunis est,

[12] ad populum ferrent ut, cum Q. Publilius Philo consulatu abisset, pro consule rem gereret quoad debellatum cum Graecis esset.

[13] L. Cornelio, quia ne eum quidem in Samnium iam ingressum revocari ab impetu belli placebat, litterae missae ut dictatorem comitiorum causa diceret. dixit M. Claudium Marcellum;

Translations (3)

History of Rome Perseus (Foster, Benjamin Oliver; Moore, Frank Gardener; Sage, Evan T.; Schlesinger, Alfred C., translators. Cambridge, Mass.; London: Harvard University Press; William Heinemann, Ltd., 1919-1959. (Loeb Classical Library)) — 8.23 focus

[2] both consuls informed the senate that ¹ there was very little hope of peace with the Samnites: Publilius reported that two thousand soldiers from Nola and four thousand Samnites had been received into Palaepolis, —rather under compulsion from the Nolani than by the good —will

of the Greeks; Cornelius, that the Samnite magistrates ² had proclaimed a levy, and that all Samnium was up, while the neighbouring cities of Privernum, Fundi, and Formiae were being openly solicited to join.

[3] The senate having, in view of these facts, voted to send ambassadors to the Samnites before declaring war, received a defiant answer from them.

[4] indeed they actually accused the Romans of improper conduct, yet without neglecting to clear their own skirts —if they could —of the charges brought against them:

[5] the Greeks, they said, were receiving no public counsel or support from them, nor had they asked the Fundani or Formiani to revolt; indeed they were quite strong enough to look out for themselves, if they chose to fight;

[6] on the other hand, they could not dissemble the chagrin of the Samnite nation that Fregellae, which they had captured from the Volsci and destroyed, should have been restored by the Roman People, and a colony planted in the territory of the Samnites which the Roman settlers called by that name;

[7] this was an insult and an injury, which, if its authors did not themselves recall it, they proposed to resist with might and main.

[8] when the Roman legate invited them to discuss the question with the common allies and friends of both, the Samnite spokesman said,

why do we beat about the bush? our differences, Romans, will be decided, not by the words of envoys nor by any man's arbitration, but by the Campanian plain —where we must meet in battle, —by the sword, and by the common chance of war.

[9]

let us encamp then face to face betwixt Suessula and Capua, and settle the question whether Samnite or Roman is to govern Italy.

[10] The Roman legates having replied that they should go, not ³ where the enemy summoned them, but where their generals led then . . .

by taking up a favourable position between Palaepolis and Neapolis, Publilius had already deprived the enemy of that mutual exchange of assistance which they had made use of, as one place after another was hard pressed.

[11] accordingly , since the time drew near for the elections, and it was not for the advantage of the state that Publilius, who was threatening the enemy's walls, should be called away from the prospective capture of their city, which might happen any day, the senate got

[12] the tribunes to propose a popular enactment, providing that Quintus Publilius Philo should, on the expiration of his consulship, conduct the campaign as proconsul until the Greeks should have been conquered. ⁴

[13] to Lucius Cornelius, who had already entered Samnium, and whom they were equally unwilling to withdraw from the vigorous prosecution of the war, they sent a letter directing him to name a dictator for conducting the elections.

[14] he named Marcus Claudius Marcellus, who named Spurius Postumius master of the horse. but the comitia were not held by the dictator, inasmuch as the regularity of his appointment was called in question. The augurs were consulted, and announced that the procedure appeared faulty.

[15] this sentence the tribunes by their accusations made suspect and infamous; for the flaw, as they pointed out, could not easily have been discovered, since the consul rose in the night and appointed the dictator in silence, neither had the consul written to anyone regarding the transaction, whether officially or ⁵ privately, nor was there a single mortal living who could say that he had seen or heard a thing that would bring to naught the auspices;

[16] nor yet could the augurs have divined, as they sat in Rome, what obstacle the consul had met with in the camp. was there anyone, they would like to know, who could not see that the plebeian standing of the dictator was the thing which had seemed irregular to the augurs?

[17] These and other objections were made by the tribunes to no purpose; the state at length reverted to an interregnum, and after the comitia had been again and again postponed, on one pretext or another, at last the fourteenth interrex, Lucius Aemilius, procured the election of consuls, viz. Gaius Poetelius and Lucius Papirius Mugillanus —in other annals I find the name of Cursor.

History of Rome Perseus (Spillan, D.; Edmonds, Cyrus; McDevitte, William A., translators. London: Henry G. Bohn, 1849-1868. (Bohn's Classical Library)) — 8.23 focus

[1]

The senate received information, from both the con- suls, that there was very little hope of peace with the Sam- nites. Publilius informed them, that two thousand soldiers from Nolae, and four thousand of the Samnites, had been received into Palaepolis, a measure rather forced on the Greeks by the Nolans than agreeable to their inclination.

[2] Cor- nelius wrote, that a levy of troops had been ordered, that all Samnium was in motion, and that the neighbouring states of Privernum, Fundi, and Formiae, were openly solicited to join them.

[3] When in consequence it was thought proper, that, before hostilities were commenced, ambassadors should be sent to the Samnites, an insolent answer is returned by them;

[4] they even went so far as to accuse the Romans of behaving injuriously towards them;

[5] but, nevertheless, they took pains to clear themselves of the charges made against them, assert- ing, that

the Greeks were not assisted with either counsel or aid by their state, nor were the Fundanians or Formians tampered with by them; for, if they were disposed to war, they had not the least reason to be diffident of their own strength.

[6]

However, they could not dissemble, that it gave great offence to the state of the Samnites, that Fregellae, by them taken from the Volscians and demolished, should have been rebuilt by the Romans;

[7]

and that they should have established a colony within the territory of the Samnites, to which their colonists gave the name of Fregellae.

[8]

This injury and affront, if not done away by the authors, they were determined themselves to remove, by every means in their power.

When one of the Roman ambassadors proposed to discuss the matter before their common allies and friends, their magistrate said,

Why do we disguise our sentiments? Romans, no conferences of ambassadors, nor arbitration of any person whatever, can terminate our differences; but the plains of Campania, in which we must meet; our arms and the common fortune of war will settle the point.

[9]

Let our armies, therefore, meet between Capua and Suessula; and there let us decide, whether the Samnite or the Roman shall hold the sovereignty of Italy.

[10] To this the ambassadors of the Romans replied, that they would go, not whither their enemy called, but whither their commanders should lead." In the mean time, Publilius, by seizing an advantageous post between Palaepolis and Neapolis, had cut off that interchange of mutual aid, which they had hitherto afforded each other, according as either place was hard pressed.

[11] Accordingly, when both the day of the elections approached, and as it was highly inexpedient for the public interest that Publilius should be called away when on the point of assailing the enemy's walls, and in daily expectation of gaining possession of their city, application was made to the tribunes, to

[12] recommend to the people the passing of an order, that Publilius Philo, when his year of office should expire, might continue in command, as pro-consul, until the war with the Greeks should be finished.

[13] A letter was despatched to Lucius Cornelius, with orders to name a dictator; for it was not thought proper that the consul should be recalled from the vigorous prosecution of the war now that he had entered into Samnium.

[14] He nominated Marcus Claudius Marcellus, who appointed Spurius Postumius master of the horse. The elections, however, were not held by the dictator, because it became a question whether he had been appointed under an irregularity; and the augurs being consulted, pronounced that it appeared that the dictator's appointment was defective.

[15] The tribunes inveighed against this proceeding as dangerous and dishonourable;

for it was not probable,

they said,

that suc defect could have been discovered, as the consul, rising in the night, had nominated the dictator while every thing was still; ¹ nor had the said consul in any of his letters, either public or private, made any mention of such a thing to any

[16]

one; nor did any person whatever come forward who said that he saw or heard any thing which could vitiate the auspices. Neither could the augurs sitting at Rome divine what inauspicious circumstance had occurred to the consul

[17]

in the camp. Who did not plainly perceive, that the dictator's being a plebeian, was the defect which the augurs had discovered?

These and other arguments were urged in vain by the tribunes: the affair however ended in an interregnum. At last, after the elections had been adjourned repeatedly on one pretext or another, the fourteenth interrex, Lucius Aemilius, elected consuls Caius Paetelius, and Lucius Papirius Mugillanius, or Cursor, as I find him named in some annals.

History of Rome Perseus (Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.) — 8.23 focus

[1] Both¹ consuls sent word to the senate that there were very slender hopes of the Samnites remaining at peace. Publilius informed them that 2000 troops from Nola and 4000 Samnites had been admitted into Palaeopolis, more under pressure from Nola than

[2] from any great desire for their presence on the part of the Greeks; Cornelius sent the additional information that orders for a general levy had been issued

[3] throughout Samnium, and attempts were being openly made to induce the neighbouring communities of Privernum, Fundi, and Formiae to rise.

[4] Under these circumstances it was decided to send ambassadors to the Samnites before actually commencing war. The Samnites sent an insolent reply.

[5] They accused the Romans of wanton aggression, and absolutely denied the charges made against themselves; they declared that the assistance which the Greeks had received was not furnished by their government, nor had they tampered with Fundi and Formiae, for they had no reason to distrust their own strength if it came to war.

[6] Moreover, it was impossible to disguise the deep irritation which the Samnite nation felt at the conduct of the Roman people in restoring Fregellae

[7] after they had taken it from the Volscians and destroyed it, and placing a colony on Samnite territory which the colonists called Fregellae.

[8] If this insult and injury were not removed by those responsible for it, they would themselves exert all their strength to get rid of it The Roman ambassadors invited them to submit the questions at issue to arbitration before their common friends, but the Samnites replied: “Why should we beat about the bush?

[9] No diplomacy, no arbitration can adjust our quarrel; arms and the fortune of war can alone decide the issue. We must meet in Campania.”

[10] To which the Roman replied: “Roman soldiers will march not whither the enemy summons them, but whither their commander leads them.” Publilius meantime had taken up a suitable position between Palaeopolis and Neapolis in order to prevent them from rendering each other the mutual assistance they had hitherto given. The time for the elections was close at hand, and it would have been most inexpedient for the public interest to recall Publilius, as he was ready to attack the place and in daily expectation of effecting its capture.

[11] An arrangement was accordingly made with the tribunes of the plebs to propose to the people that at the expiration

[12] of his term of office Publilius should continue to act as proconsul till the war with the Greeks was brought to a close.

[13] The same step was taken with regard to Cornelius, who had already entered Samnium, and written instructions were sent to him to nominate a Dictator to hold the elections. He nominated M. Claudius Marcellus, and Sp. Postumius was named by him Master of the Horse.

[14] The elections, however, were not held by that Dictator, doubts having been raised as to whether the proper formalities had been observed in his nomination. The augurs, when consulted, declared that they had not been duly observed. The tribunes characterised their action as dishonest and iniquitous.

[15] “How,” they asked, “could they know that there was any irregularity? The consul rose at midnight to nominate the Dictator; he had made no communication to any one either officially or privately about the matter;

[16] there was no one living who could say that he had seen or heard anything which would vitiate the auspices; the augurs sitting quietly in Rome could not possibly divine what difficulty the consul may have met with in the camp. Who was there who could not see that the irregularity which the augurs had discovered lay in the fact that the Dictator was a plebeian?”

[17] These and other objections were raised by the tribunes. Matters, however, reverted to an interregnum, and owing to the repeated adjournment of the elections on one pretext after another, there were no fewer than fourteen interegna. At last L. Aemilius, the fourteenth interrex, declared C. Poetilius and L. Papirius Mugilanus duly elected. In other lists I find Cursor.

Notes on the current edition

Ab urbe condita

1. A.U.C. 427-428

2. Publilius edd.: publius W ( omitted by U ).

3. Palaepoli Walters and Conway: Palaepoli miserat Sigonius : palaepoli romam miserat ( or -nt) W.

4. A.U.C. 427-428

5. A.U.C. 427-428

6. vocasset T 2 s: uocaset O 1 : uocaret O: uocassent s.

7. Madvig thinks that a passage of some length, narrating the outcome of the embassy, the declaration of war, and the beginning of the . siege of Naples, has been lost.

8. oriens de nocte drakenborch (oriens nocte rubenius ): oriende nocte F: oriente nocte W: oriente noctis D 3 A: oriente sub nocte O.

9. A.U.C. 427-428

10. tandem s Madvig : tamen W ( wanting in O ).

11. Poetelium Madvig (III. xxxv. 11): petilium ( or petillium) W.

Titus Livius (Livy) Ab urbe condita 8.23

Benjamin Oliver Foster, Ph.D. (Editor), Frank Gardener Moore (Editor), Alfred C. Schlesinger, Ph.D. (Editor)

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