48.12. "Now, since I have answered the charge that I initiated the war, I must render account for its conduct.
48.12. temptavi et, postquam indomitos atque implacabiles cernebam, tum demum vi atque armis coercendos ratus sum.”
48.13. In this I for my part should trust my own cause even if I were pleading, not before the Roman, but before the Carthaginian senate, where commanders are said to be crucified if they have conducted a campaign with successful result but defective policy;
48.13. “nunc, quoniam suscepti belli purgatum est crimen, gesti reddenda est ratio. in quo confiderem equidem causae meae, etiam si non apud Romanum sed apud Carthaginiensem senatum agerem, ubi in crucem tolli imperatores dicuntur, si prospero eventu, pravo consilio rem gesserunt;
48.14. but in this state, which, in initiating and carrying out every action, calls upon the gods, for the reason that it exposes to the criticism of no man those actions which the gods have sanctioned, and which includes among its formal phrases, when it decrees a thanksgiving or a triumph, 'because he has conducted the affairs of the state well and successfully,' if I should be unwilling to speak, if I considered it overbearing and presumptuous to exult in our valour, if in recognition of the good fortune of myself and my army, in that we overthrew so great a nation with no loss of soldiers, I demanded that honour should be paid to
48.14. sed ego in ea civitate, quae ideo omnibus rebus incipiendis gerendisque deos adhibet, quia nullius calumniae subicit ea, quae dii comprobaverunt, et in sollemnibus verbis habet, cum supplicationem aut triumphum decernit, “ quod bene ac feliciter rem publicam administrarit”, si nollem, si grave ac superbum existimarem virtute gloriari, pro felicitate mea exercitusque mei, quod tantam nationem sine ulla militum iactura devicimus,
48.16. the immortal gods and that I myself might in triumph mount to the Capitoline, whence I set out after duly announcing my vows, would you refuse this to me as well as to the immortal gods?
48.16. postularem, ut diis immortalibus honos haberetur et ipse triumphans in Capitolium ascenderem, unde votis rite nuncupatis profectus sum, negaretis hoc mihi cum diis immortalibus?
49.1. ' Yes,' you say, for I fought on unfavourable ground. Tell me, then, in what more favourable place I could have fought. Since the enemy had occupied the mountain and were keeping themselves within a fortified place, naturally I had to go to the enemy if I wished to defeat them.
49.1. iniquo enim loco dimicavi. dic igitur, quo aequiore potuerim dimicare. cum montem hostes cepissent, loco munito se tenerent, nempe eundum ad hostes erat, si vincere vellem.
49.2. “What if they had had a city in that place and were holding themselves within the walls? Naturally a siege would be necessary. Well, did Manius Acilius at Thermopylae fight with King Antiochus on favourable ground?”
49.2. quid? si urbem eo loco haberent et moenibus se tenerent? nempe oppugnandi erant. quid? ad Thermopylas aequone loco M'. Acilius cum rege Antiocho pugnavit?
49.3. “Well, was not Philip in the same fashion, when he held the crest of the mountains above the Aous, dislodged by Titus Quinctius? For my part, I: still do not discover what sort of enemy they are picturing to themselves, or what they want him to seem to you.”
49.3. quid? Philippum non eodem modo super Aoum amnem iuga tenentem montium T. Quinctius deiecit? equidem adhuc, qualem aut sibi fingant aut vobis videri velint hostem fuisse, non invenio.
49.4. “If he was an enemy degenerate and made effeminate by the pleasant life of Asia, what danger was there if we attacked even over unfavourable ground?”
49.4. si degenerem et emollitum amoenitate Asiae, quid periculi vel iniquo loco subeuntibus fuit? si timendum et feritate animorum et robore corporum, huicine tantae victoriae triumphum negatis?
49.5. “If he was an enemy to be feared because of both fierceness of temper and strength of body, why do you refuse a triumph to so great a. victory as this? It is blind jealousy, conscript Fathers, and it knows nothing except how to belittle deeds of valour and to spoil the distinctions and rewards they earn.”
49.5. caeca invidia est, patres conscripti, nec quicquam aliud scit quam detractare virtutes, corrumpere honores ac praemia earum.
49.6. “I beg that you will pardon me, conscript Fathers, on this ground, if my speech is made over-long, not by my desire to boast about myself, but by the need to defend myself against their accusations.”
49.6. mihi quaeso ita ignoscatis, patres conscripti, si longiorem orationem non cupiditas gloriandi de me, sed necessaria criminum defensio fecit.
49.7. “Again, could I make the passes in Thrace wide when they were narrow, level ground instead of steep, neat groves instead of wild forests, and could I guarantee that there should be no Thracian brigands lurking in ambushes known to ” “them, that there should be no loss of baggage, that no pack-animal from so long a train should be driven off, that no one should be wounded, that that brave and energetic man Quintus Minucius should not die from his wound?”
49.7. an etiam per Thraciam saltus patentes, qui angusti erant, et plana ex arduis et culta ex silvestribus facere potui et praestare, necubi notis sibi latebris delitescerent latrones Thraces, ne quid sarcinarum raperetur, ne quod iumentum ex tanto agmine abstraheretur, ne quis vulneraretur, ne ex vulnere vir fortis ac strenuus Q. Minucius moreretur?
49.9. “They dwell on this misfortune, because it happened to our sorrow that we lost such a citizen;”
49.9. in hoc casu, quo infeliciter incidit, ut talem civem amitteremus, haerent;
49.10. “the fact that, when the enemy attacked us in a defile hard to pass through, on unfavourable ground, the two divisions of our army, the van and the rear, at the same time surrounded the army of the barbarians which was lingering around our trains, that they killed and captured many thousands on that same day and many more ” “a few days later, if they keep silent about all this, do they think that you will not learn of it, since the whole army is here to bear witness to what I ”
49.10. quod saltu iniquo, loco alieno cum adortus nos hostis esset, duae simul acies primi et novissimi agminis haerentem ad impedimenta nostra exercitum barbarorum circumvenerunt, quod multa milia ipso die, plura multo post dies paucos ceciderunt et ceperunt, hoc, si ipsi tacuerint, vos scituros, cum testis orationis meae totus exercitus sit, non credunt?
49.12. “say? If I had not drawn sword in Asia, if I had seen no enemy, I should still have earned a triumph in Thrace by these two battles. But enough has already been ” “said; rather, I should wish, conscript Fathers, that pardon be asked and granted for my wearying you with a longer speech than I should have wished to make.”
49.12. si gladium in Asia non strinxissem, si hostem non vidissem, tamen [proconsul] triumphum in Thracia duobus proeliis merueram. sed iam dictum satis est; quin pro eo, quod pluribus verbis vos quam vellem fatigavi, veniam a vobis petitam impetratamque velim, patres conscripti.”
50.1. The accusations would have had more weight that day than the defence had they not prolonged the debate to a late hour. The senate adjourned, having given the impression that the triumph would be refused.
50.1. plus crimina eo die quam defensio valuisset, ni altercationem in serum perduxissent. dimittitur senatus in ea opinione, ut negaturus triumphum fuisse videretur.
50.2. The next day the relatives and friends of Manlius exerted all their efforts and the elder senators also prevailed by their influence, saying that no precedent had been handed down in tradition that a commander who, after decisively defeating the enemy and accomplishing the task assigned him as his province, had brought home his army, should enter the City without the car and laurel, a private citizen and without honour.
50.2. postero die et cognati amicique Cn. Manlii summis opibus adnisi sunt, et auctoritas seniorum valuit, negantium exemplum proditum memoriae esse, ut imperator, qui devictis perduellibus, confecta provincia exercitum reportasset, sine curru et laurea privatus inhonoratusque urbem iniret. hic pudor malignitatem vicit, triumphumque frequentes decreverunt.
50.4. Respect for this tradition prevailed over ill-will and a full session voted the triumph. Then all talk and thought of this debate were put into the background by a struggle greater and originating with a greater and more famous man.
50.4. oppressit deinde mentionem memoriamque omnem contentionis huius maius et cum maiore et clariore viro certamen ortum.
50.5. Publius Scipio Africanus, as Valerius Antias asserts, was prosecuted by two men, each named Quintus Petillius.
50.5. P. Scipioni Africano, ut Valerius Antias auctor est, duo Q. Petillii diem dixerunt. id, prout cuiusque ingenium erat, interpretabantur.
50.6. This action each man interpreted according to his own inclinations.
50.6. alii non tribunos plebis, sed universam civitatem, quae id pati posset, incusabant:
50.7. Some reproached, not the tribunes of the people, but the whole state, for being able to allow this —the two greatest cities in the world, they said, were at about the same time found ungrateful towards their foremost citizens, but Rome was more ungrateful, because conquered Carthage had driven the conquered Hannibal into exile, while victorious Rome was driving out the victorious Scipio.
50.7. duas maximas orbis terrarum urbes ingratas uno prope tempore in principes inventas, Romam ingratiorem, si quidem victa Carthago victum Hannibalem in exilium expulisset, Roma victrix victorem Africanum expellat.
50.8. Others argued that no single citizen should attain such eminence that he could not be questioned under the laws; that nothing was so essential to equally distributed liberty as that every man, however powerful, should plead his cause.
50.8. alii, neminem unum tantum eminere civem debere, ut legibus interrogari non possit; nihil tam aequandae libertatis esse quam potentissimum quemque posse dicere causam.
50.9. What now —not to mention supreme position in the state —could be safely entrusted to any man if no accounting could be asked? Against a man, they said, who. cannot brook equitable law, no violence is illegal.
50.9. quid autem tuto cuiquam, nedum summam rem publicam, permitti, si ratio non sit reddenda? qui ius aequum pati non possit, in eum vim haud iniustam esse.
50.10. Such was the current of talk until the day of the trial came. No other man before him, not even this same Scipio, when consul or censor, was ever escorted to the Forum by a greater crowd of men of every rank than was Scipio that day when he was the defendant.
50.10. haec agitata sermonibus, donec dies causae dicendae venit. nec alius antea quisquam nec ille ipse Scipio consul censorve maiore omnis generis hominum frequentia quam reus illo die in forum est deductus.
50.11. Being bidden to plead his cause, he began so magnificent a speech about his achievements that it was very clear that no man had ever been better eulogized or more truthfully.
50.11. iussus dicere causam sine ulla criminum mentione orationem adeo magnificam de rebus ab se gestis est exorsus, ut satis constaret neminem umquam neque melius neque verius laudatum esse.
50.12. For he spoke of his deeds in the same temper and spirit in which he performed them, and there was no resentment among his hearers, since he was speaking to ward off peril and not to boast.
50.12. dicebantur enim ab eodem animo ingenioque, a quo gesta erant, et aurium fastidium aberat, quia pro periculo, non in gloriam referebantur.
51.1. When the tribunes revived the old charges of luxury in his winter-quarters at Syracuse and the disturbances caused by Pleminius at Locri, to make their present charges more credible, on the basis of suspicions rather than of evidence they charged him with having accepted bribes:
51.1. tribuni plebis vetera luxuriae crimina Syracusanorum hibernorum et Locris Pleminianum tumultum cum ad fidem praesentium criminum retulissent, suspicionibus magis quam argumentis pecuniae captae reum accusarunt:
51.2. that his captured son had been restored without a ransom and that in all other respects Antiochus had paid court to Scipio as if in his hands alone lay peace and war with Rome;
51.2. filium captum sine pretio redditum, omnibusque aliis rebus Scipionem, tamquam in eius unius manu pax Romana bellumque esset, ab Antiocho cultum;
51.3. he had been, they alleged, a dictator, not a lieutenant, in relation to the consul in the province; he had gone there for no other reason than that which Spain, Gaul, Sicily and Africa had long since come to believe should be manifest to Greece and Asia and all the kings and tribes that lie towards the east, namely, that one man was the source and stay of Roman power, that under the shadow of Scipio the City which was the mistress of the world lay sheltered, that his nod was weighty as decrees of the senate and enactments of the assembly.
51.3. dictatorem eum consuli, non legatum in provincia fuisse; nec ad aliam rem eo profectum, quam ut, id quod Hispaniae Galliae Siciliae Africae iam pridem persuasum esset, hoc Graeciae Asiaeque et omnibus ad orientem versis regibus gentibusque appareret, unum hominem caput columenque imperii Romani esse, sub umbra Scipionis civitatem dominam orbis terrarum latere, nutum eius pro decretis patrum, pro populi iussis esse. infamia intactum invidia, qua possunt, urgent.
51.5. A man untouched by ill repute they loaded with innuendo in every possible way. The speeches having continued until nightfall, the matter was adjourned. When the appointed day came, the tribunes took their seats on the Rostra at dawn; the defendant when summoned came with a great throng of friends and clients through the midst of the meeting to the Rostra, and, when silence ensued, he spoke as follows: “On this day, tribunes of the people, and you, citizens, I fought well and successfully in pitched battle with Hannibal and the Carthaginians in Africa.”
51.5. orationibus in noctem perductis prodicta dies est. ubi ea venit, tribuni in Rostris prima luce consederunt; citatus reus magno agmine amicorum clientiumque per mediam contionem ad Rostra subiit silentioque facto “ hoc” inquit “die, tribuni plebis vosque, Quirites, cum Hannibale et Carthaginiensibus signis collatis in Africa bene ac feliciter pugnavi.
51.8. “Therefore, since it is meet on this day to refrain from trials and quarrels, I shall proceed at once from here to the Capitoline to offer homage to Jupiter Optimus Maximus and Juno and Minerva and the other gods who preside over the Capitoline and the ” “citadel, and I shall give thanks to them because both on this same day and on many other occasions they have given me the purpose and the capacity to render conspicuous service to the state.”
51.8. itaque, cum hodie litibus et iurgiis supersederi aequum sit, ego hinc extemplo in Capitolium ad Iovem optimum maximum Iunonemque et Minervam ceterosque deos, qui Capitolio atque arci praesident, salutandos ibo, hisque gratias agam, quod mihi et hoc ipso die et saepe alias egregie gerendae rei publicae mentem facultatemque dederunt.
51.10. “Let all of you too, citizens, for whom it is convenient, come with me and pray to the gods that you may have leaders like me, but on this condition that, if from my ” “seventeenth year to my old age you have always gone ahead of my years in bestowing honours upon me, I have anticipated your honours by my deeds.”
51.10. vestrum quoque quibus commodum est, Quirites, ite mecum, et orate deos, ut mei similes principes habeatis, ita, si ab annis septemdecim ad senectutem semper vos aetatem meam honoribus vestris anteistis, ego vestros honores rebus gerendis praecessi.
51.12. From the Rostra he went up to the Capitoline. At the same time the whole meeting withdrew and followed Scipio, so that finally even the clerks and messengers left the tribunes, nor did anyone remain with them except their retinue of slaves and the herald who from the Rostra summoned the defendant.
51.12. ” ab Rostris in Capitolium ascendit. simul se universa contio avertit et secuta Scipionem est, adeo ut postremo scribae viatoresque tribunos relinquerent, nec cum iis praeter servilem comitatum et praeconem, qui reum ex Rostris citabat, quisquam esset.
51.13. Scipio visited all the temples of the gods, not only on the Capitoline but through the whole City, with the Roman people in attendance upon him.
51.13. Scipio non in Capitolio modo, sed per totam urbem omnia templa deum cum populo Romano circumiit.
51.14. This day was rendered almost more famous by the general applause of men and by the true estimate of his greatness than that on which he rode into the City in triumph over King Syphax and the Carthaginians.
51.14. celebratior is prope dies favore hominum et aestimatione verae magnitudinis eius fuit, quam quo triumphans de Syphace rege et Carthaginiensibus urbem est invectus.
52.1. This was the last day of glory to shine on Publius Scipio. Since in future he foresaw unpopularity and quarrels with the tribunes, obtaining a longer adjournment he retired to his country place at Liternum, with the definite intention of not being present to plead his cause.
52.1. hic speciosus ultimus dies P. Scipioni illuxit. post quem cum invidiam et certamina cum tribunis prospiceret, die longiore prodicta in Literninum concessit certo consilio, ne ad causam dicendam adesset.
52.2. His soul and character were too lofty, and too much accustomed to a greater fortune, to know how to be a defendant and to come down to the lowly position of men who must plead their cause.
52.2. maior animus et natura erat ac maiori fortunae adsuetus, quam ut reus esse sciret et summittere se in humilitatem causam dicentium.
52.3. When the day arrived and the summons for the absent defendant began to be proclaimed, Lucius Scipio gave illness as the reason for his absence. When the tribunes who had accused him refused to accept this plea and maintained that he had not come to plead his cause because of the same arrogance as that with which he had deserted the trial and the tribunes of the people and the assembly, and with which, attended by those whom he had robbed of their right to express their opinion of him and of their liberty, leading them captive, as it were, he had celebrated a triumph over the Roman people and had brought about a secession that day from the tribunes of the people to the Capitoline: “You have, therefore,” they said, “your reward for that rash conduct;”
52.3. ubi dies venit citarique absens est coeptus, L. Scipio morbum causae esse, cur abesset, excusabat. quam excusationem cum tribuni, qui diem dixerant, non acciperent, et ab eadem superbia non venire ad causam dicendam arguerent, qua iudicium et tribunos plebis et contionem reliquisset, et, quibus ius sententiae de se dicendae et libertatem ademisset, his comitatus, velut captos trahens, triumphum de populo Romano egisset secessionemque eo die in Capitolium a tribunis plebis fecisset:
52.6. “under his leadership and sanction you abandoned us and by him you are yourselves abandoned, and so far has our spirit declined day by day that a man for whom seventeen years ago, when he commanded an army and a fleet, we dared to send tribunes of the people and an aedile, to arrest him and bring him back to Rome —to ” “that man, when a private citizen, we do not dare to send messengers to hale him forth from his country place to plead his cause”; the tribunes of the people, when appealed to by Lucius Scipio, thus decreed:
52.6. — “habetis ergo temeritatis illius mercedem; quo duce et auctore nos reliquistis, ab eo ipsi relicti estis, et tantum animorum in dies nobis decrescit, ut, ad quem ante annos septemdecim exercitum et classem habentem tribunos plebis aedilemque mittere in Siciliam ausi sumus, qui prenderent eum et Romam reducerent, ad eum privatum ex villa sua extrahendum ad causam dicendam mittere non audeamus‘
52.8. that, if the plea of illness were submitted, it was their pleasure that this plea should be accepted and the case adjourned by their colleagues. One of the tribunes of the people at this time was Tiberius Sempronius Gracchus, between whom and Publius Scipio there was a feud.
52.8. —; tribuni plebis appellati ab L. Scipione ita decreverunt: si morbi causa excusaretur, sibi placere accipi eam causam diemque a collegis prodici.
52.9. When he had forbidden his name to be signed to the decree of his colleagues, and all men were anticipating a harsher proposal, he thus decreed: that, since Lucius Scipio had given illness as the excuse for his brother, this seemed to him sufficient;
52.9. tribunus plebis eo tempore Ti. Sempronius Gracchus erat, cui inimicitiae cum P. Scipione intercedebant. is, cum vetuisset nomen suum decreto collegarum adscribi, tristioremque omnes sententiam expectarent, ita decrevit:
52.10. that he would not permit Publius Scipio to be prosecuted before he returned to Rome; that even then, if he were appealed to, he would come to Scipio's aid, to save him from pleading his cause:
52.10. cum L. Scipio excusasset morbum esse causae fratri, satis id sibi videri; se P. Scipionem, priusquam Romam redisset, accusari non passurum; tum quoque, si se appellet, auxilio ei futurum, ne causam dicat:
52.11. such heights had Publius Scipio reached, as a result of his own deeds and of the honours conferred by the Roman people, with the approbation of gods and men, that to compel him to stand as a defendant before the Rostra and listen to the insults of young men would be a greater disgrace to the Roman people than to Scipio himself.
52.11. ad id fastigium rebus gestis, honoribus populi Romani P. Scipionem deorum hominumque consensu pervenisse, ut sub Rostris reum stare et praebere aures adolescentium conviciis populo Romano magis deforme quam ipsi sit.
53.1. He supplemented his decree with an indignant speech: “Are your feet, tribunes, to trample down Scipio, that conqueror of Africa?”
53.1. adiecit decreto indignationem: sub pedibus vestris stabit, tribuni, domitor ille Africae Scipio? ideo quattuor nobilissimos duces Poenorum in Hispania, quattuor exercitus fudit fugavit;
53.2. “Was it for this that he repulsed and routed four of the most noted generals of the Carthaginians in Spain, and four armies?”
53.2. ideo Syphacem cepit, Hannibalem devicit, Carthaginem vectigalem nobis fecit, Antiochum — recepit enim fratrem consortem huius gloriae L.
53.3. “Was it for this that he captured Syphax, overthrew Hannibal, made Carthage tributary to us, drove Antiochus —for Lucius Scipio admits his brother to a share in this glory —beyond the ridges of Taurus, that he should fall a victim to the two Petillii?” “Will you allow a victory over Publius Africanus to be sought? Shall distinguished men by no services of their own, by no honours of your bestowal, ever reach a safe and, as it were, sacred citadel where their old age, if not respected, at least secure, may find rest?”
53.3. Scipio — ultra Tauri iuga emovit, ut duobus Petilliis succumberet, vos de P. Africano palmam peteretis? nullisne meritis suis, nullis vestris honoribus … umquam in arcem tutam et velut sanctam clari viri pervenient, ubi, si non venerabilis, inviolata saltem senectus eorum considat?
53.5. Both the decree and the supplementary speech touched not only the tribunes but even the prosecutors themselves, and the latter said that they would take counsel as to what their right and duty required. After that, when the assembly of the people had been adjourned, a meeting of the senate began.
53.5. “movit et decretum et adiecta oratio non ceteros modo, sed ipsos etiam accusatores, et deliberaturos se, quid iuris sui et officii esset, dixerunt.
53.6. There boundless gratitude was expressed by the whole order and especially by the senators of consular rank and greater age, because Tiberius Gracchus had shown greater regard for the public interest than for his personal quarrels, and the Petillii were assailed with abuse because they had tried to become conspicuous by darkening another's reputation and were seeking spoils from a triumph over Africanus. Thenceforth there was silence regarding Africanus. He spent his life at Liternum, with no desire to return to the City;
53.6. senatus deinde concilio plebis dimisso haberi est coeptus. ibi gratiae ingentes ab universo ordine, praecipue a consularibus senioribusque, Ti. Graccho actae sunt, quod rem publicam privatis simultatibus potiorem habuisset, et Petillii vexati sunt probris, quod splendere aliena invidia voluissent et spolia ex Africani triumpho peterent.
53.8. when dying they say that he gave orders that he should be buried in that same place in the country and that his tomb should be erected there, that his funeral might not be held in an ungrateful home-land. He was a man to be remembered, although more to be remembered for his achievements in war than for his deeds in peace.
53.8. silentium deinde de Africano fuit. vitam Literni egit sine desiderio urbis; morientem rure eo ipso loco sepeliri se iussisse ferunt monumentumque ibi aedificari, ne funus sibi in ingrata patria fieret.
53.9. The first part of his life was more distinguished than the last, since in his youth he was continually waging wars, while with old age his deeds too faded, nor was any opportunity afforded to display his talent. What was his second consulship compared to the first, even if you add the censorship?
53.9. vir memorabilis; bellicis tamen quam pacis artibus memorabilior, … prima pars vitae quam postrema fuit, quia in iuventa bella adsidue gesta, cum senecta res quoque defloruere, nec praebita est materia ingenio.
53.10. What was gained by his lieutenancy in Asia, rendered unprofitable as it was by his illness and disfigured by the misfortune of his son and, after his return, by the necessity of either standing trial or leaving the trial and his country at the same time?
53.10. quid ad primum consulatum secundus, etiam si censuram adicias? quid Asiatica legatio, et valetudine adversa inutilis et filii casu deformata et post reditum necessitate aut subeundi iudicii aut simul cum patria deserendi?
53.11. Nevertheless, since he brought to an end the Punic War, than which there was waged none greater nor more dangerous by the Romans, he has secured a singular pre-eminence of fame.
53.11. Punici tamen belli perpetrati, quo nullum neque maius neque periculosius Romani gessere, unus praecipuam gloriam tulit.
54.1. On the death of Africanus the spirits of his adversaries rose, the first of them being Marcus Porcius Cato, who even during his life had been accustomed to snarl at his greatness.
54.1. morte Africani crevere inimicorum animi, quorum princeps fuit M. Porcius Cato, qui vivo quoque eo adlatrare magnitudinem eius solitus erat.
54.2. It was with his backing, it is thought, that the Petillii initiated the prosecution of Africanus while he lived and after his death introduced a motion.
54.2. hoc auctore existimantur Petillii et vivo Africano rem ingressi et mortuo rogationem promulgasse.
54.3. The motion was to this effect: “Do you wish and order, citizens, with respect to the money which was captured from, taken from, levied upon King Antiochus and those who were under his rule, and what of this money has not been accounted for to the state, that regarding this matter Servius Sulpicius ” “the city praetor shall refer to the senate the question, whom, of those who are now praetors, the senate wishes to investigate this matter?”
54.3. fuit autem rogatio talis:”velitis iubeatis, Quirites, quae pecunia capta ablata coacta ab rege Antiocho est quique sub imperio eius fuerunt, quod eius in publicum relatum non est, uti de ea re Ser. Sulpicius praetor urbanus ad senatum referat, quem eam rem velit senatus quaerere de iis, qui praetores nunc sunt.
54.5. This proposal was at first vetoed by Quintus and Lucius Mummius; they deemed it proper that the senate should inquire regarding money which had not been turned in to the treasury in the manner in which it had always been done before.
54.5. “huic rogationi primo Q. et L. Mummii intercedebant; senatum quaerere de pecunia non relata in publicum, ita ut antea semper factum esset, aequum censebant.
54.6. The Petillii kept assailing the influential position and tyrannical power of the Scipios in the senate. Lucius Furius Purpurio, a man of consular rank, who had been one of the ten commissioners in Asia, proposed to extend the field of the investigation to include moneys which had been taken, not only from Antiochus, but from other kings and peoples as well, striking at his enemy Gnaeus Manlius.
54.6. Petillii nobilitatem et regnum in senatu Scipionum accusabant. L. Furius Purpureo consularis, qui in decem legatis in Asia fuerat, latius rogandum censebat, non quae ab Antiocho modo pecuniae captae forent, sed quae ab aliis regibus gentibusque, Cn. Manlium inimicum incessens.
54.8. Lucius Scipio also, who was evidently about to speak for himself rather than against the bill, came forward to oppose it. He complained that only after the death of his brother Publius Africanus, a man conspicuous above all for courage and fame, this proposal had originated;
54.8. et L. Scipio, quem magis pro se quam adversus legem dicturum apparebat, dissuasor processit. is morte P. Africani fratris, viri omnium fortissimi clarissimique, eam exortam rogationem est conquestus:
54.9. for it was not enough that no eulogy had been pronounced before the Rostra over Publius Africanus after his death without also bringing charges against him;
54.9. parum enim fuisse non laudari pro Rostris P. Africanum post mortem, nisi etiam accusaretur; et Carthaginienses exilio Hannibalis contentos esse, populum Romanum ne morte quidem P.
54.10. even the Carthaginians had been satisfied with the exile of Hannibal, the Roman people was not content even with the death of Publius Scipio without also tearing to shreds his reputation as he lay in the tomb, and, besides, sacrificing his brother as an additional victim to their jealousy.
54.10. Scipionis exsatiari, nisi et ipsius fama sepulti laceretur et frater insuper, accessio invidiae, mactetur.
54.11. Marcus Cato supported the bill —and a speech of his on the money of King Antiochus is extant —and by his influence deterred the tribunes, the Mummii, from further opposing the measure.
54.11. M. Cato suasit rogationem — exstat oratio eius de pecunia regis Antiochi — et Mummios tribunos auctoritate deterruit, ne adversarentur rogationi.
54.12. With their veto withdrawn, therefore, all the tribes voted “aye.”
54.12. remittentibus ergo his intercessionem omnes tribus uti rogassent iusserunt.
55.1. Servius Sulpicius then brought up the question of what praetor they wished to have conduct the investigation under the Petillian law, and the Fathers selected Quintus Terentius Culleo.
55.1. Ser. Sulpicio deinde referente, quem rogatione Petillia quaerere vellent, Q. Terentium Culleonem patres iusserunt.
55.2. Before this praetor, either so friendly to the Cornelian family that those who say that Publius Scipio died and was buried at Rome —for this too is reported —have put it on record that, wearing the cap of freedom, just as he had marched in the triumphal procession, he walked also before the bier at the funeral, and at the Porta Capena served wine and honey to those who attended the funeral, because he had been rescued from the enemy by Scipio, along with the other prisoners in Africa, or, on the other hand, so hostile that on account of his well-known unfriendliness the faction which was opposed to the Scipios chose him in preference to anyone else to conduct the investigation;
55.2. ad hunc praetorem, adeo amicum Corneliae familiae, ut, qui Romae mortuum elatumque P. Scipionem — est enim ea quoque fama — tradunt, pilleatum, sicut in triumpho ierat, in funere quoque ante lectum isse memoriae prodiderint, et ad portam Capenam mulsum prosecutis funus dedisse, quod ab eo inter alios captivos in Africa ex hostibus receptus esset, aut adeo inimicum eundem, ut propter insignem simultatem ab ea factione, quae adversa Scipionibus erat, delectus sit potissimum ad quaestionem exercendam —
55.4. at any rate, before this praetor, too well or too ill disposed, Lucius Scipio was immediately arraigned.
55.4. ; ceterum ad hunc nimis aequum aut iniquum praetorem reus extemplo factus L. Scipio. simul et delata et recepta nomina legatorum eius, A.
55.5. At the same time the names of two of his lieutenants, Aulus and Lucius Hostilius Cato, were both brought forward and accepted, and that of his quaestor, Gaius Furius Aculeo, and, that everything might seem infected by a conspiracy for peculation, also those of two clerks and an orderly. Lucius Hostilius and the clerks and the orderly were acquitted before the trial of Scipio took place; Scipio and his lieutenant Aulus Hostilius and Gaius Furius were convicted:
55.5. et L. Hostiliorum Catonum, et C. Furii Aculeonis quaestoris et, ut omnia contacta societate peculatus viderentur, scribae quoque duo et accensus. L. Hostilius et scribae et accensus, priusquam de Scipione iudicium fieret, absoluti sunt, Scipio et A. Hostilius legatus et C. Furius damnati:
55.6. the charge was that, in order to secure more favourable terms of peace for Antiochus, Scipio had received six thousand pounds of gold, and four hundred and eighty pounds of silver more than he turned in to the treasury, Aulus Hostilius eighty pounds of gold and four hundred and three of silver, the quaestor Furius one hundred and thirty pounds of gold, two hundred of silver.
55.6. quo commodior pax Antiocho daretur, Scipionem sex milia pondo auri, quadringenta octoginta argenti plus accepisse, quam in aerarium retulerit, A.
55.7. These amounts of gold and silver I have found recorded in the writings of Antias.
55.7. Hostilium octoginta pondo auri, argenti quadringenta tria, Furium quaestorem auri pondo centum triginta, argenti ducenta.
55.8. In the case of Lucius Scipio, I should myself prefer to see an error of the scribe rather than a falsification of the historian in the amounts of gold and silver;
55.8. has ego summas auri et argenti relatas apud Antiatem inveni. in L. Scipione malim equidem librarii mendum quam mendacium scriptoris esse in summa auri atque argenti:
55.9. for it is more probable that the greater weight would have been of silver and not of gold and that the fine assessed would have been four million sesterces rather than twenty-four million, the more so because there is a tradition that an accounting for just this sum was also demanded in the senate from Publius Scipio himself, and that, when he had directed his brother Lucius to bring the account-book, he had himself, with his own hands, torn it up, being angry that after he had brought two hundred millions into the treasury he should be asked to account for four millions.
55.9. similius enim veri est argenti quam auri maius pondus fuisse, et potius quadragiens quam ducentiens quadragiens litem aestimatam, eo magis, quod tantae summae rationem etiam ab ipso P. Scipione requisitam esse in senatu tradunt, librumque rationis eius cum Lucium fratrem adferre, iussisset, inspectante senatu suis ipsum manibus concerpsisse indignantem, quod, cum bis milliens in aerarium intulisset, quadragiens ratio ab se posceretur.
55.13. With the same self-confidence, they say, when the quaestors did not dare to take money from the treasury contrary to the law, he demanded the keys and said that he would open the treasury who had brought it to pass that it was closed. Much else is said, especially about the end of Scipio's life, his trial, his death, his funeral, his tomb, all so contradictory that I find no tradition, no written documents, which I can accept.
55.13. ab eadem fiducia animi, cum quaestores pecuniam ex aerario contra legem promere non auderent, poposcisse clavis et se aperturum aerarium dixisse, qui, ut clauderetur, effecisset. multa alia in Scipionis exitu maxime vitae dieque dicta, morte, funere, sepulcro, in diversum trahunt, ut, cui famae, quibus scriptis adsentiar, non habeam.
56.2. There is no unanimity as to his accuser: some say that Marcus Naevius accused him, others the Petillii; there is no agreement as to the time when he was prosecuted nor as to the year when he died nor as to where he died or was buried; some say that both death and burial took place at Rome, others at Liternum.
56.2. non de accusatore convenit: alii M. Naevium, alii Petillios diem dixisse scribunt, non de tempore, quo dicta dies sit, non de anno, quo mortuus sit, non ubi mortuus aut elatus sit:
56.3. In both places tombs and statues are shown; for at Liternum there is a tomb and a statue placed upon the tomb, which I myself saw recently, shattered by a storm, and at Rome, outside the Porta Capena, in the tomb of the Scipios, there are three statues, two of which are said to represent Publius and Lucius Scipio, the third the poet Quintus Ennius.
56.3. alii Romae, alii Literni et mortuum et sepultum. utrobique monumenta ostenduntur et statuae: nam et Literni monumentum monumentoque statua superimposita fuit, quam tempestate disiectam nuper vidimus ipsi, et Romae extra portam Capenam in Scipionum monumento tres statuae sunt, quarum duae P. et L. Scipionum dicuntur esse, tertia poetae Q. Ennii.
56.5. Not only is there disagreement among historians, but the speeches also (if indeed those which are in circulation are genuine works of these men) of Publius Scipio and Tiberius Gracchus are inconsistent with one another.
56.5. nec inter scriptores rerum discrepat solum, sed orationes quoque, si modo ipsorum sunt quae feruntur, P. Scipionis et Ti. Gracchi abhorrent inter se.
56.6. The index of the speech of Publius Scipio contains the name of Marcus Naevius, tribune of the people; the speech itself lacks the name of the accuser; it calls him now “a ne'er-do-well,” now “a no-good.”
56.6. index orationis P. Scipionis nomen M. Naevii tribuni plebis habet, ipsa oratio sine nomine est accusatoris; modo nebulonem, modo nugatorem appellat.
56.7. Nor does the speech of Gracchus make any mention at all either of the Petillii as accusers of Africanus or of the prosecution of Africanus. Another entirely different story must be put together, consistent with the oration of Gracchus, and those writers must be followed who say that, when Lucius Scipio was both accused and convicted of receiving money from the king, Africanus was serving on a commission in Etruria; that, leaving this post after receiving the news of his brother's downfall, he hastened to Rome, and when he had gone from the gate straight to the Forum, because it was said that his brother was being put in chains, that he drove the messenger from him, and that when the tribunes tried to stop him he attacked them, with more affection for his-brother than respect for the laws.
56.7. ne Gracchi quidem oratio aut Petilliorum accusatorum Africani aut diei dictae Africano ullam mentionem habet. alia tota serenda fabula est Gracchi orationi conveniens, et illi auctores sequendi sunt, qui, cum L. Scipio et accusatus et damnatus sit pecuniae captae ab rege, legatum in Etruria fuisse Africanum tradunt, quo post famam de casu fratris adlatam relicta legatione cucurrisse eum Romam et, cum a porta recta ad forum se contulisset, quod in vincula duci fratrem dictum erat, reppulisse a corpore eius viatorem, et tribunis retinentibus magis pie quam civiliter vim fecisse.
56.10. For it is just this conduct that Tiberius Gracchus complains of —that the tribunicial power had been infringed by a private citizen, and at the end, when he promised his official assistance to Lucius Scipio, he added that it seemed to be a more endurable precedent that a tribune of the people rather than a private citizen should have overthrown both the tribunicial power and the state.
56.10. hinc enim ipse Gracchus queritur dissolutam esse a privato tribuniciam potestatem, et ad postremum, cum auxilium L. Scipioni pollicetur, adicit tolerabilioris exempli esse a tribuno plebis potius quam a privato victam videri et tribuniciam potestatem et rem publicam esse.
56.11. But this one act of uncontrolled violence on Scipio's part he loaded with reproaches in such a way that, taunting him because he had fallen so far below his own standards, he paid him, as compensation for his criticism of the moment, lasting and accumulated praises for his integrity and self-command; for he said that the people had once been rebuked by Scipio because they wished to make him perpetual consul and dictator;
56.11. sed ita hanc unam impotentem eius iniuriam invidia onerat, ut increpando, quod degenerarit tantum a se ipse, cumulatas ei veteres laudes moderationis et temperantiae pro reprehensione praesenti reddat:
56.12. that he forbade statues to himself to be erected in the Comitium, on the Rostra, in the Curia, on the Capitoline, in the cell of Jupiter;
56.12. castigatum enim quondam ab eo populum ait, quod eum perpetuum consulem et dictatorem vellet facere; prohibuisse statuas sibi in comitio, in Rostris, in curia, in Capitolio, in cella Iovis poni;
56.13. that he prevented also a decree that his image in triumphal dress should appear to be coming out of the temple of Jupiter Optimus Maximus.
56.13. prohibuisse, ne decerneretur, ut imago sua triumphali ornatu e templo Iovis optimi maximi exiret.
57.1. Such statements, even if included in a eulogy, would indicate the unusual greatness of a soul which restricted distinctions to conformity with a democratic constitution, and they were made by an enemy and accompanied by censure.
57.1. haec vel in laudatione posita ingentem magnitudinem animi moderantis ad civilem habitum honoribus significarent, quae exprobrando inimicus fatetur.
57.2. To this Gracchus the younger of Scipio's two daughters —for the elder was betrothed to Publius Cornelius Nasica and beyond doubt by her father —was married, as all agree.
57.2. huic Graccho minorem ex duabus filiis — nam maior P. Cornelio Nasicae haud dubie a patre collocata erat — nuptam fuisse convenit.
57.3. What is not certain is whether she was both betrothed and married after the death of her father, or whether the opinions are true, that Gracchus, when Lucius Scipio was being taken to prison and no one of his colleagues was coming to his assistance, swore that his feud with the Scipios continued as before and that he was doing nothing to curry favour, but that he would not permit the brother of Africanus to be put into that prison into which he had seen Publius Africanus thrusting kings and generals of the enemy.
57.3. illud parum constat, utrum post mortem patris et desponsa sit et nupserit, an verae illae opiniones sint, Gracchum, cum L. Scipio in vincula duceretur, nec quisquam collegarum auxilio esset, iurasse sibi inimicitias cum Scipionibus, quae fuissent, manere, nec se gratiae quaerendae causa quicquam facere, sed, in quem carcerem reges et imperatores hostium ducentem vidisset P. Africanum, in eum se fratrem eius duci non passurum.
57.5. The story goes on that the senate, which chanced to dine that day on the Capitoline, had risen up and begged that during the banquet Africanus should betroth his daughter to Gracchus.
57.5. senatum eo die forte in Capitolio cenantem consurrexisse et petisse, ut inter epulas Graccho filiam Africanus desponderet.
57.6. When the contract had been duly made at this public ceremony and Scipio had returned home, he told his wife Aemilia that he had arranged a marriage for their younger daughter. When she, being irritated, as a woman would naturally be, that he had not consulted with her about the daughter of both of them, had added that not even if he were promising her to Tiberius Gracchus should the mother have been excluded from the deliberation,
57.6. quibus ita inter publicum sollemne sponsalibus rite factis cum se domum recepisset, Scipionem Aemiliae uxori dixisse filiam se minorem despondisse. cum illa, muliebriter indignabunda nihil de communi filia secum consultatum, adiecisset non, si Ti. Graccho daret, expertem consilii debuisse matrem esse, laetum Scipionem tam concordi iudicio ei ipsi desponsam respondisse.
57.8. Scipio, they say, rejoicing at their harmony of opinion, replied that it was to Gracchus that he had betrothed her. However much at variance are these accounts of so great a man, they have seemed worthy of presentation. When the trials had been completed by Quintus Terentius the praetor, Hostilius and Furius, who were convicted, gave bond the same day to the City quaestors;
57.8. haec de tanto viro quam et opinionibus et monumentis litterarum variarent, proponenda erant. iudiciis a Q. Terentio praetore perfectis, Hostilius et Furius damnati praedes eodem die quaestoribus urbanis dederunt;
58.2. when Scipio protested that all the money which he had received was in the treasury and that he had no public property, they proceeded to put him in prison.
58.2. Scipio, cum contenderet omnem quam accepisset pecuniam in aerario esse, nec se quicquam publici habere, in vincula duci est coeptus.
58.3. Publius Scipio Nasica appealed to the tribunes and delivered a speech full of deserved tributes, not only to the Cornelian gens as a whole, but specifically to his own family.
58.3. P. Scipio Nasica tribunos appellavit orationemque habuit plenam veris decoribus non communiter modo Corneliae gentis, sed proprie familiae suae.
58.4. The fathers, he said, both of himself and of Publius Africanus and the Lucius Scipio who was being imprisoned, were Gnaeus and Publius Scipio, men of the highest distinction.
58.4. parentes suos et P. Africani ac L. Scipionis, qui in carcerem duceretur, fuisse Cn. et P. Scipiones, clarissimos viros.
58.5. After they had, through many years in the land of Spain, against many generals and armies alike of Carthaginians and Spaniards, increased the fame of the Roman name, not only in war but because they had given those peoples an example of Roman self-control and devotion, both had in the end met death for their fatherland.
58.5. eos, cum per aliquot annos in terra Hispania adversus multos Poenorum Hispanorumque et duces et exercitus nominis Romani famam auxissent non bello solum, sed quod Romanae temperantiae fideique specimen illis gentibus dedissent, ad extremum ambo pro republica mortem occubuisse.
58.7. While it would have been enough, he continued, to maintain for posterity their standard of glory, Publius Africanus had so far surpassed his father's praises that he had given reason to believe that he was born, not of human blood, but of divine stock.
58.7. cum illorum gloriam tueri posteris satis esset, P. Africanum tantum paternas superiecisse laudes, ut fidem fecerit non sanguine humano sed stirpe divina satum se esse.
58.8. Lucius Scipio, whose fate was now in question, not to mention what he had done in Spain, in Africa, while serving as his brother's lieutenant, had, as consul, been deemed by the senate worthy to have decreed to him, without recourse to the lot, the province of Asia and the war with King Antiochus, and had been deemed by his brother worthy to be attended to Asia by that brother as his lieutenant, after he had been twice consul and censor and had celebrated a triumph.
58.8. L. Scipionem, de quo agatur, ut, quae in Hispania, quae in Africa, cum legatus fratris esset, gessisset, praetereantur, consulem et ab senatu dignum visum, cui extra sortem Asia provincia et bellum cum Antiocho rege decerneretur, et a fratre, cui post duos consulatus censuramque et triumphum legatus in Asiam iret.
58.9. There, that the greatness and glory of the lieutenant might not obscure the consul's fame, it happened that, on the day when Lucius Scipio defeated Antiochus in pitched battle at Magnesia, Publius Scipio was sick at Elaea, some days' journey away.
58.9. ibi ne magnitudo et splendor legati laudibus consulis officeret, forte ita incidisse, ut, quo die ad Magnesiam signis collatis L. Scipio Antiochum devicisset, aeger P. Scipio Elaeae dierum aliquot via abesset.
58.10. That army, he went on, was no smaller than that of Hannibal, with which they had fought in Africa; that same Hannibal, who had been commander in the Punic War, was there among many other generals of the king. And the war indeed had been so conducted that no one could find fault even with fortune; it was in the peace that ground for accusation was sought; the peace, they said, had been sold.
58.10. non fuisse minorem eum exercitum quam Hannibalis, cum quo in Africa esset pugnatum; Hannibalem eundem fuisse inter multos alios regios duces, qui imperator Punici belli fuerit. et bellum quidem ita gestum esse, ut ne fortunam quidem quisquam criminari possit:
58.11. On this point, he maintained, the ten commissioners were likewise accused, by whose advice the peace had been concluded;
58.11. in pace crimen quaeri; eam dici venisse. hic decem legatos simul argui. quorum ex consilio data pax esset:
58.12. although some of the ten commissioners had come forward to accuse Gnaeus Manlius, this charge had failed, not only to win belief in his guilt, but even to delay his triumph.
58.12. quamquam exstitisse ex decem legatis. qui Cn. Manlium accusarent; tamen non modo ad criminis fidem. sed ne ad moram quidem triumphi eam accusationem valuisse.
59.1. But, by Hercules, they say in the case of Scipio that the very terms of peace were suspicious, as too favourable to Antiochus; for it was implied that his kingdom had been left undiminished; that after his defeat he possessed everything he had owned before the war;
59.1. at hercule in Scipione leges ipsas pacis, ut nimium accommodatas Antiocho, suspectas esse: integrum enim ei regnum relictum;
59.2. that, although he had had a great quantity of gold and silver, none of it had been turned in to the treasury, all of it converted to private use;
59.2. omnia possidere eum victum, quae ante bellum eius fuerint; auri et argenti cum vim magnam habuisset, nihil in publicum relatum, omne in privatum versum;
59.3. but (as to the last charge) had not so much gold and silver been displayed before the eyes of all in the triumph of Lucius Scipio as had not been carried in ten other triumphs if they were combined into one?
59.3. an praeter omnium oculos tantum auri argentique in triumpho L. Scipionis, quantum non decem aliis triumphis, si omne in unum conferatur, [sit] latum?
59.4. For what (returning to their first charge) shall I say about the boundaries of the kingdom of Antiochus?
59.4. nam quid de finibus regni dicam? Asiam omnem et proxima Europae tenuisse Antiochum.
59.5. He had held, as we know, all Asia and the adjacent parts of Europe. How great this section of the earth is, extending from the Taurus mountain clear to the Aegean Sea, how many cities and even nations it contains, all men know.
59.5. ea quanta regio orbis terrarum sit, a Tauro monte in Aegaeum usque prominens mare, quot non urbes modo sed gentes amplectatur, omnes scire.
59.6. This region, extending in length more than thirty days' march and ten in width between the two seas, as far as the crest of the Taurus mountain, had been taken from Antiochus, who had been driven back into the farthest corner of the earth.
59.6. hanc regionem dierum plus triginta iter in longitudinem, decem inter duo maria in latitudinem patentem usque ad Tauri montis iuga Antiocho ademptam, expulso in ultimum angulum orbis terrarum.
59.7. What more could have been taken from him by a peace granted without a bribe? Macedonia, he reminded them, had been left to Philip after his defeat, Lacedaemon to Nabis, nor had Quinctius been the victim of a trumped-up charge; he, of course, had not had Africanus as a brother; although his fame should have aided Lucius Scipio, his unpopularity had done him harm.
59.7. quid, si gratuita pax esset, plus adimi ei potuisse? Philippo victo Macedoniam, Nabidi Lacedaemonem relictam, nec Quinctio crimen quaesitum: non enim habuisse eum Africanum fratrem; cuius cum gloria prodesse L. Scipioni debuisset, invidiam nocuisse.
59.8. Judgment had been given that so much gold and silver had been conveyed into the house of Lucius Scipio as the sale of all his property could not produce. Where, then, he asked, was the royal gold, where all the legacies he had received?
59.8. tantum auri argentique iudicatum esse in domum L. Scipionis illatum, quantum venditis omnibus bonis redigi non posset. id ubi ergo esse regium aurum, ubi tot hereditates acceptas?
59.9. In a house which extravagance had not drained, this heap of new wealth should be apparent. But, of course, what cannot be obtained from his property the foes of Lucius Scipio will seek from his body and from his back, by means of persecution and insults, so that this most distinguished man may be shut up in prison among thieves of the night and brigands and may die in the: darkness of a cell and then be cast out naked before the prison. And it was not, he concluded, to the Cornelian family so much as to the City of Rome that this would bring the blush of shame.
59.9. in domo, quam sumptus non exhauserint, exstare debuisse novae fortunae cumulum. at enim, quod ex bonis redigi non possit, ex corpore et tergo per vexationem et contumelias L. Scipionis petituros inimicos, ut in carcere inter fures nocturnos et latrones vir clarissimus includatur et in robore et tenebris exspiret, deinde nudus ante carcerem proiciatur. non id Corneliae magis familiae quam urbi Romanae fore erubescendum.
60.1. In reply to this the praetor Terentius read the Petillian law and the decree of the senate and the sentence which had been passed on Lucius Scipio;
60.1. adversus ea Terentius praetor rogationem Petilliam et senatus consultum et iudicium de L. Scipione factum recitavit:
60.2. unless the fine which was imposed was paid to the treasury there was nothing which he could do except to order the convicted man to be arrested and taken to prison.
60.2. se, ni referatur pecunia in publicum, quae iudicata sit, nihil habere quod faciat, nisi ut prendi damnatum et in vincula duci iubeat.
60.3. When the tribunes had withdrawn for consultation, a little later Gaius Fannius announced that, in accordance with the decision of himself and his colleagues except Gracchus, the tribunes would not interfere with the praetor so as to prevent his exercise of his authority.
60.3. tribuni cum in consilium secessissent, paulo post C. Fannius ex sua collegarumque aliorum, praeter Gracchum, sententia pronuntiavit praetori non intercedere tribunos, quo minus sua potestate utatur.
60.4. Tiberius Gracchus thus decreed: that he would not prevent the praetor from collecting, out of the property of Lucius Scipio, the fine that had been imposed;
60.4. Ti. Gracchus ita decrevit, quo minus ex bonis L. Scipionis quod iudicatum sit redigatur, se non intercedere praetori;
60.5. Lucius Scipio himself, who had conquered the richest king in the world, extended the empire of the Roman people to the most distant limits of the earth, bound King Eumenes, the Rhodians, and so many cities of Asia by obligations to the Roman people, had led in his triumph and thrown into prison so many leaders of the enemy, he would not permit to lie in prison and in chains among the enemies of the Roman people, and he ordered him to be released.
60.5. L. Scipionem, qui regem opulentissimum orbis terrarum devicerit, imperium populi Romani propagaverit in ultimos terrarum fines, regem Eumenem, Rhodios, alias tot Asiae urbes devinxerit populi Romani beneficiis, plurimos duces hostium in triumpho ductos carcere incluserit, non passurum inter hostes populi Romani [L. Scipionem ] in carcere et in vinculis esse, mittique eum se iubere.
60.7. This decree was listened to with such applause and with such joy did men see Scipio released that it scarcely seemed that the trial had taken place in the same state. Then the praetor sent the quaestors to take possession, on behalf of the state, of the property of Lucius Scipio.
60.7. tanto adsensu auditum est decretum, adeo dimissum Scipionem laeti homines viderunt, ut vix in eadem civitate videretur factum iudicium.
60.8. Not only was there no trace of the king's wealth discovered, but by no means was there as much property found as would equal the amount of the fine.
60.8. in bona deinde L. Scipionis possessum publice quaestores praetor misit. neque in iis non modo vestigium ullum comparuit pecuniae regiae, sed nequaquam tantum redactum est, quantae summae damnatus fuerat.
60.9. Such a sum was raised for Lucius Scipio by his relatives and friends and clients that if he had received it he would have been a great deal richer than he had been before his downfall.
60.9. collata ea pecunia a cognatis amicisque et clientibus est L. Scipioni, ut, si acciperet eam, locupletior aliquanto esset, quam ante calamitatem fuerat.
60.10. He accepted none of it; what was necessary for a decent existence was redeemed for him by his nearest relatives; and the ill-will against the Scipios ended by recoiling upon the heads of the praetor and his advisers and the accusers.
60.10. nihil accepit; quae necessaria ad cultum erant, redempta ei a proximis cognatis sunt; verteratque Scipionum invidia in praetorem et consilium eius et accusatores.