§29.20.1haec quamquam partim vera partim mixta eoque similia veris iactabantur, tamen vicit Q. Metelli sententia, qui de ceteris Maximo adsensus de Scipionis causa dissensit: §29.20.2qui enim convenire, quem modo civitas iuvenem admodum unum recuperandae Hispaniae delegerit ducem, quem recepta ab hostibus Hispania ad imponendum Punico bello finem creaverit consulem, spe destinaverit Hannibalem ex Italia detracturum, §29.20.3Africam subacturum, eum repente, tamquam Q. Pleminium, indicta causa prope damnatum, ex provincia revocari, cum ea, quae in se nefarie facta Locrenses quererentur, ne praesente quidem Scipione facta dicerent, neque aliud quam patientia aut pudor, quod legato pepercisset, insimulari posset?
Although these things were being bandied about, partly true, partly mixed, and therefore resembling the truth, nevertheless the opinion of Quintus Metellus prevailed, who, while agreeing with Maximus on other points, disagreed on the case of Scipio: for how could it be fitting that he—whom but recently the state had chosen, though a very young man, as the sole commander for recovering Spain, whom, after Spain had been recovered from the enemy, it had created consul to put an end to the Punic war, and had destined with the hope that he would drag Hannibal out of Italy and subdue Africa—should suddenly, like Quintus Pleminius, almost condemned without his case being heard, be recalled from his province, since the Locrians, although they complained of the unspeakable deeds done against them, said that they were not done even while Scipio was present, and nothing else could be charged against him than his patience or shamefacedness because he had spared his legate?
§29.20.4sibi placere M. Pomponium praetorem, cui Sicilia provincia sorti evenisset, triduo proximo in provinciam proficisci; consules decem legatos, quos iis videretur, ex senatu legere, quos cum praetore mitterent, et duos tribunos plebei atque aedilem; §29.20.5cum eo consilio praetorem cognoscere; si ea, quae Locrenses facta quererentur, iussu aut voluntate P. Scipionis facta essent, ut eum de provincia decedere iuberent; §29.20.6si P. Scipio iam in Africam traiecisset, tribuni plebis atque aedilis cum duobus legatis, quos maxime idoneos praetor censuisset, in Africam proficiscerentur, tribuni atque aedilis, §29.20.7qui reducerent inde Scipionem, legati, qui exercitui praeessent, donec novus imperator ad eum exercitum venisset; §29.20.8si M. Pomponius et decem legati comperissent neque iussu neque voluntate P. Scipionis ea facta esse, ut ad exercitum Scipio maneret bellumque, ut proposuisset, gereret.
His own opinion was that the praetor Marcus Pomponius, to whom the province of Sicily had fallen by lot, should depart for his province within the next three days; that the consuls should choose from the senate ten legates, whomsoever they thought fit, to send with the praetor, and also two tribunes of the plebs and an aedile; that the praetor, with that council, should conduct the investigation; if those things which the Locrians complained had been done had been done by the command or with the consent of Publius Scipio, they should order him to depart from his province; if Publius Scipio had already crossed over into Africa, the tribunes of the plebs and the aedile, with two legates whom the praetor should judge most suitable, should depart for Africa, the tribunes and the aedile to bring Scipio back from there, and the legates to command the army until a new general should come to that army; if Marcus Pomponius and the ten legates should find that those things had been done neither by the command nor with the consent of Publius Scipio, that Scipio should remain with the army and wage war as he had proposed.
§29.20.9hoc facto senatus consulto cum tribunis plebis actum est, aut conpararent inter se aut sorte legerent, qui duo cum praetore ac legatis irent; §29.20.10ad conlegium pontificum relatum est de expiandis, quae Locris in templo Proserpinae tacta ac violata elataque inde essent.
After this decree of the senate was passed, negotiations were held with the tribunes of the plebs, that they should either agree among themselves or choose by lot which two should go with the praetor and the legates; the matter of expiating the things which at Locri had been touched, violated, and carried away from the temple of Proserpina was referred to the college of pontiffs.
§29.20.11tribuni plebis cum praetore et decem legatis profecti M. Claudius Marcellus et M. Cincius Alimentus; aedilis plebis datus est, quem, si aut in Sicilia praetori dicto audiens non esset Scipio aut iam in Africam traiecisset, prendere tribuni iuberent, ac iure sacrosanctae potestatis reducerent.
The tribunes of the plebs who set out with the praetor and the ten legates were Marcus Claudius Marcellus and Marcus Cincius Alimentus; a plebeian aedile was assigned, whom, if Scipio should either not be obedient to the praetor in Sicily or had already crossed over into Africa, the tribunes might order to arrest him and bring him back by the right of their sacrosanct power.
prius Locros ire quam Messanam consilium erat.
Their plan was to go to Locri before Messana.