§34.62.1Masinissa postqum et infames Carthaginiensis et inter se ipsos discordes sensit, principibus propter colloquia Aristonis senatui, senatu propter indicium eiusdem Aristonis populo suspecto, §34.62.2locum iniuriae esse ratus agrum maritimum eorum et depopulatus est et quasdam urbes vectigalis Carthaginiensium sibi coegit stipendium pendere.
Masinissa, when he perceived that the Carthaginians were both in bad repute and at discord among themselves, their leading men being suspected by the senate because of their conferences with Aristo, and the senate suspected by the people because of the disclosure of the same Aristo, thought that it was an opportunity for wrongdoing, and both ravaged their coastal territory and compelled certain of the tributary cities of the Carthaginians to pay tribute to himself.
§34.62.3Emporia vocant eam regionem; ora est minoris Syrtis et agri uberis; una civitas eius Leptis; ea singula in dies talenta vectigal Carthaginiensibus dedit.
They call that region Emporia; it is the coast of the lesser Syrtis and of a fertile land; its single city is Leptis; this city paid to the Carthaginians a tribute of a talent a day.
§34.62.4hanc tum regionem et totam infestam Masinissa et ex quadam parte dubiae possessionis, sui regni an Carthaginiensium esset, §34.62.5effecerat.
Masinissa had at that time made this entire region both infested and, in some part, of doubtful possession, whether it belonged to his kingdom or to the Carthaginians.
et quia simul ad purganda crimina et questum de se Romam eos ituros comperit, qui et illa onerarent suspicionibus et de iure vectigalium disceptarent, legatos et ipse Romam mittit.
And because he learned that they were going to Rome at the same time to clear themselves of the charges and to complain of him, in order to load their claims with suspicions and to dispute the right to the tribute, he himself also sent envoys to Rome.
§34.62.6auditi de Tyrio advena primum Carthaginienses curam iniecere patribus, ne cum Antiocho simul et Poenis bellandum esset.
When the Carthaginians were heard first concerning the Tyrian stranger, they inspired anxiety in the senators, lest they should have to wage war at the same time with Antiochus and the Carthaginians.
§34.62.7maxime ea suspicio crimen urgebat, quod, quem comprensum Romam mitti placuisset, nec ipsum nec navem eius custodissent.
This suspicion especially urged the charge, that they had guarded neither the man himself nor his ship, whom it had been decided should be arrested and sent to Rome.
§34.62.8de agro deinde cum regis legatis disceptari coeptum.
Thereupon, a dispute concerning the land began to be held with the king's envoys.
§34.62.9Carthaginienses iure finium causam tutabantur, quod intra eos terminos esset, quibus P. §34.62.10Scipio victor agrum, qui iuris esset Carthaginiensium, finisset, et confessione regis, qui, cum Aphthirem, profugum ex regno suo, cum parte Numidarum vagantem circa Cyrenas persequeretur, precario ab se iter per eum ipsum agrum tamquam haud dubie Carthaginiensium iuris petisset.
The Carthaginians defended their case by the right of boundaries, because it was within those limits within which Publius Scipio, as victor, had bounded the land which belonged to the Carthaginians, and by the confession of the king, who, when he was pursuing Aphthires, a fugitive from his kingdom, wandering with a part of the Numidians around Cyrene, had asked from them as a favor a passage through this very land as being without doubt under Carthaginian jurisdiction.
§34.62.11Numidae et de terminatione Scipionis mentiri eos arguebant, et, si quis veram originem iuris exigere vellet, quem proprium agrum Carthaginiensium in Africa esse?
The Numidians both argued that they were lying about the boundary of Scipio, and, if anyone wished to demand the true origin of the right, what land in Africa was properly the Carthaginians'?
§34.62.12advenis, quantum secto bovis tergo amplecti loci potuerint, tantum ad urbem communiendam precario datum; quidquid Bursam, sedem suam, excesserint, vi atque iniuria partum habere.
To strangers, only as much land as they could encompass with a cut ox-hide had been given as a favor to build a city; whatever they had exceeded beyond Byrsa, their seat, they held as acquired by force and injustice.
§34.62.13neque eum, de quo agitur, probare eos posse, non modo semper, ex quo coeperint, sed ne diu quidem possedisse.
Nor could they prove that they had possessed that land, about which the dispute was, not to say always from the time they began, but not even for a long time.
per opportunitates nunc illos, nunc reges Numidarum usurpasse ius, semperque penes eum possessionem fuisse, qui plus armis potuisset.
Through opportunities, now they, now the kings of the Numidians had usurped the right, and possession had always been in the hands of him who had been more powerful in arms.
§34.62.14cuius condicionis res fuerit, priusquam hostes Romanis Carthaginienses, socius atque amicus rex Numidarum esset, eius sinerent esse nec se interponerent, quo minus, qui posset, teneret.
They begged that they would suffer the matter to be of that condition in which it had been before the Carthaginians were enemies to the Romans and the king of the Numidians was an ally and friend, and that they would not interpose themselves to prevent him who could from holding it.
§34.62.15responderi legatis utriusque partis placuit missuros se in Africam, qui inter populum Carthaginiensem et regem in re praesenti disceptarent.
It was decided that the reply to the envoys of both parties should be that they would send commissioners to Africa to decide the matter on the spot between the Carthaginian people and the king.
§34.62.16missi P. Scipio Africanus et C. Cornelius Cethegus et M. Minucius Rufus audita inspectaque re omnia suspensa neutro inclinatis sententiis reliquere.
Publius Scipio Africanus, Gaius Cornelius Cethegus, and Marcus Minucius Rufus, who were sent, having heard and inspected the matter, left everything undecided, inclining their opinions to neither side.
§34.62.17id utrum sua sponte fecerint, an quia mandatum ita fuerit, non tam certum est, quam videtur tempori aptum fuisse, integro certamine eos is relinqui; §34.62.18nam ni ita esset, unus Scipio vel notitia rei vel auctoritate, ita de utrisque meritus, finire nutu disceptationem potuisset.
Whether they did this of their own accord, or because it had been so commanded, is not as certain as it seems to have been suited to the time that they should be left with the contest undecided; for had it not been so, Scipio alone, either by his knowledge of the matter or by his authority, having deserved so well of both sides, could have ended the dispute with a nod.