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Livy · History of Rome §38.52.1-38.52.11

Scipio's Retirement to Liternum and Gracchus' Veto

Passage 1439 of 1770 · Latin

Summary

Scipio withdraws to Liternum to avoid the trial. Despite the anger of the accusing tribunes when his brother Lucius pleads illness, the tribune Tiberius Sempronius Gracchus, Scipio's personal enemy, vetoes the prosecution out of respect for Scipio's dignity.

§38.52.1hic speciosus ultimus dies P. Scipioni illuxit.
This glorious last day dawned for P. Scipio.
post quem cum invidiam et certamina cum tribunis prospiceret, die longiore prodicta in Literninum concessit certo consilio, ne ad causam dicendam adesset.
After this, foreseeing the envy and conflicts with the tribunes, when the day had been adjourned to a later date, he withdrew to Liternum with the firm resolve not to appear to plead his cause.
§38.52.2maior animus et natura erat ac maiori fortunae adsuetus, quam ut reus esse sciret et summittere se in humilitatem causam dicentium.
His spirit and temper were too great, and accustomed to too great a fortune, for him to know how to be a defendant and to humble himself to the lowliness of those pleading their cause.
§38.52.3ubi dies venit citarique absens est coeptus, L. Scipio morbum causae esse, cur abesset, excusabat.
When the day came and he, though absent, began to be summoned, L. Scipio pleaded illness as the reason why he was away.
§38.52.4quam 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, §38.52.5et, 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: — “habetis ergo temeritatis illius mercedem; §38.52.6quo duce et auctore nos reliquistis, ab eo ipsi relicti estis, §38.52.7et 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” —; §38.52.8tribuni plebis appellati ab L. Scipione ita decreverunt: si morbi causa excusaretur, sibi placere accipi eam causam diemque a collegis prodici.
When the tribunes who had set the day of trial did not accept this excuse, and argued that he had failed to appear to plead his cause out of the same pride with which he had abandoned the trial, the tribunes of the plebs, and the assembly, and that, accompanied by those from whom he had snatched the right of pronouncing judgment on him and their liberty, dragging them as if they were captives, he had celebrated a triumph over the Roman people and on that day made a secession to the Capitol from the tribunes of the plebs: — "You have, therefore, the reward of that rashness of yours; you have been abandoned by the very man with whom as your leader and instigator you abandoned us, and our spirit decreases so much from day to day that, though seventeen years ago, when he had an army and a fleet, we dared to send tribunes of the plebs and an aedile to Sicily to arrest him and bring him back to Rome, now we do not dare to send anyone to drag him, a private citizen, from his villa to plead his cause" —; the tribunes of the plebs, having been appealed to by L. Scipio, decreed as follows: that if illness was pleaded as an excuse, it was their pleasure that this excuse be accepted and that the day of trial be adjourned by their colleagues.
§38.52.9tribunus plebis eo tempore Ti.
The tribune of the plebs at that time was Ti.
Sempronius Gracchus erat, cui inimicitiae cum P. Scipione intercedebant.
Sempronius Gracchus, between whom and P. Scipio there was an enmity.
is, cum vetuisset nomen suum decreto collegarum adscribi, tristioremque omnes sententiam expectarent, ita decrevit: §38.52.10cum L. Scipio excusasset morbum esse causae fratri, satis id sibi videri; se P. Scipionem, priusquam Romam redisset, accusari non passurum;
When he had forbidden his name to be signed to the decree of his colleagues, and everyone was expecting a harsher decision, he decreed as follows: that since L. Scipio had pleaded that illness was the cause of his brother's absence, that seemed sufficient to him; that he would not suffer P.
tum quoque, si se appellet, auxilio ei futurum, ne causam dicat:
Scipio to be accused before he had returned to Rome; and that even then, if Scipio should appeal to him, he would assist him so that he would not have to plead his cause; that P.
§38.52.11ad 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.
Scipio, by his achievements and the honors bestowed by the Roman people, had reached such a height by the consensus of gods and men, that for him to stand as an accused man beneath the Rostra and lend his ears to the insults of young men was more shameful for the Roman people than for Scipio himself.

Notes

  1. 38.52.2maior animus et natura erat ac maiori fortunae adsuetus, quam ut reus esse sciret — The maior... quam ut construction expresses the idea that his mind was too great for him to bear being a defendant. The verb sciret ('to know') here carries the semantic nuance of 'knowing how to behave as a defendant' or 'resigning oneself to the status of an accused.'
  2. 38.52.4quam excusationem cum tribuni — The cum clause, beginning with a relative connection (quam modifying excusationem), spans across §38.52.4 and §38.52.5, encloses the dramatic direct speech of the tribunes in §38.52.6-7, and finally resolves in the main clause of §38.52.8 (tribuni plebis appellati... decreverunt), forming a massive nested structure.
  3. 38.52.11ad id fastigium rebus gestis — A continuation of the accusative and infinitive construction reporting the decree of Gracchus. The present subjunctive sit within the result clause ut... sit, despite following a historical main verb (decrevit), is used as an exception to the sequence of tenses to emphasize a timeless truth or a lasting evaluation.

Cite this passage

Livy, History of Rome §38.52.1-38.52.11. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:38.52.1-38.52.11

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