§38.58.1iudiciis a Q. Terentio praetore perfectis,
After the trials were completed by the praetor Q.
§38.58.2Hostilius et Furius damnati praedes eodem die quaestoribus urbanis dederunt; Scipio cum contenderet omnem quam accepisset pecuniam in aerario esse, nec se quicquam publici habere, in vincula duci est coeptus.
Terentius, Hostilius and Furius, having been condemned, gave sureties on the same day to the urban quaestors; Scipio, when he contended that all the money he had received was in the treasury and that he did not hold any public property, began to be led to prison.
§38.58.3P. Scipio Nasica tribunos appellavit orationemque habuit plenam veris decoribus non communiter modo Corneliae gentis, sed proprie familiae suae.
P. Scipio Nasica appealed to the tribunes and delivered a speech full of true honors, not only common to the Cornelia gens, but especially proper to his own family.
§38.58.4parentes suos et P. Africani ac L. Scipionis, qui in carcerem duceretur, fuisse Cn. et P. Scipiones, clarissimos viros.
He said that the parents of himself, of P. Africanus, and of L. Scipio, who was being led to prison, had been Cn. and P. Scipio, most distinguished men.
§38.58.5eos, cum per aliquot annos in terra Hispania adversus multos Poenorum Hispanorumque et duces et exercitus nominis Romani famam auxissent non bello solum, §38.58.6sed quod Romanae temperantiae fideique specimen illis gentibus dedissent, ad extremum ambo pro republica mortem occubuisse.
These men, when for several years in the land of Spain they had increased the fame of the Roman name against many generals and armies of both Carthaginians and Spaniards, not only by war, but because they had given an example of Roman self-control and good faith to those nations, at last both met death for the republic.
§38.58.7cum illorum gloriam tueri posteris satis esset, P. Africanum tantum paternas superiecisse laudes, ut fidem fecerit non sanguine humano sed stirpe divina satum se esse.
While it would have been enough for posterity to preserve their glory, P. Africanus so far surpassed his father's praises that he created the belief that he was born not of human blood but of divine stock.
§38.58.8L. Scipionem, de quo agatur, ut, quae in Hispania, quae in Africa, cum legatus fratris esset, gessisset, praetereantur, consulem et ab senatu dignum habitum, 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.
As for L. Scipio, who was the subject of the trial—to pass over what he had done in Spain and in Africa when he was his brother's lieutenant—as consul he was deemed worthy by the senate to be decreed the province of Asia and the war with King Antiochus without casting lots, and by his brother, who, after two consulships, a censorship, and a triumph, went as a lieutenant to Asia for him.
§38.58.9ibi 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.
There, lest the greatness and splendor of the lieutenant should stand in the way of the consul's glory, it happened by chance that, on the day when L. Scipio defeated Antiochus in a pitched battle at Magnesia, P. Scipio, being ill, was absent at Elaea, a journey of several days.
§38.58.10non 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.
That army was not smaller than that of Hannibal, with whom the war had been fought in Africa; the same Hannibal was among many other royal generals, he who had been the commander in the Punic War.
et bellum quidem ita gestum esse, ut ne fortunam quidem quisquam criminari possit; §38.58.11in pace crimen quaeri; eam dici venisse.
And indeed, the war was so conducted that no one could accuse even fortune; in peace, a charge is sought; they say that peace was sold.
hic decem legatos simul argui, quorum ex consilio data pax esset; §38.58.12quamquam exstitissent ex decem legatis, qui Cn.
Here, ten commissioners are accused at the same time, by whose advice the peace was granted; although there had emerged from the ten commissioners those who would accuse Cn.
Manlium accusarent, tamen non modo ad criminis fidem, sed ne ad moram quidem triumphi eam accusationem valuisse.
Manlius, nevertheless that accusation was not of any force, not only for establishing the credibility of the charge, but not even for delaying the triumph.