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Livy · History of Rome §5.36.1-5.36.12

Envoys Violate the Law of Nations and Provoke Gauls

Passage 295 of 1770 · Latin

Summary

The Roman ambassadors violated the law of nations by joining the battle against the Gauls, leading to a demand by the Gauls for their surrender, which the Roman people rejected by electing those same ambassadors as military tribunes.

§5.36.1mitis legatio, ni praeferoces legatos Gallisque magis quam Romanis similes habuisset.
The embassy would have been mild, had it not had extremely fierce ambassadors, more similar to Gauls than to Romans.
quibus, postquam mandata ediderunt in concilio Gallorum, datur responsum: §5.36.2etsi novum nomen audiant Romanorum, tamen credere viros fortes esse, quorum auxilium a Clusinis in re trepida sit inploratum; §5.36.3et quoniam legatione adversus se maluerint quam armis tueri socios, ne se quidem pacem, quam illi adferant, aspernari, si Gallis egentibus agro, quem latius possideant quam colant Clusini, partem finium concedant; aliter pacem impetrari non posse.
To them, after they set forth their instructions in the council of the Gauls, the following reply was given: Although they were hearing the name of the Romans for the first time, yet they believed them to be brave men, whose aid had been implored by the Clusini in their hour of peril; and since they had preferred to protect their allies against them by an embassy rather than by arms, they themselves did not reject the peace which the Romans offered, provided that the Clusini would cede a part of their territory to the Gauls, who were in need of land, which the Clusini possessed more widely than they cultivated; otherwise, peace could not be obtained.
§5.36.4et responsum coram Romanis accipere velle et, si negetur ager, coram iisdem Romanis dimicaturos, ut nuntiare domum possent, quantum Galli virtute ceteros mortales praestarent.
They also wished to receive the answer in the presence of the Romans, and, if the land were refused, they would fight in the presence of those same Romans, so that they might be able to report home how much the Gauls surpassed all other mortals in valor.
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§5.36.5quodnam id ius esset, agrum a possessoribus petere aut minari arma, Romanis quaerentibus, et quid in Etruria rei Gallis esset, cum illi se in armis ius ferre et omnia fortium virorum esse ferociter dicerent, accensis utrimque animis ad arma discurritur et proelium conseritur.
When the Romans asked what kind of justice it was to demand land from its possessors or to threaten war, and what business the Gauls had in Etruria, and the latter fiercely replied that they carried their right in their arms and that everything belonged to brave men, the tempers of both sides were inflamed, they rushed to arms, and battle was joined.
§5.36.6ibi iam urgentibus Romanam urbem fatis legati contra ius gentium arma capiunt.
There, with the fates already pressing hard upon the Roman city, the ambassadors took up arms contrary to the law of nations.
nec id clam esse potuit, cum ante signa Etruscorum tres nobilissimi fortissimique Romanae iuventutis pugnarent; tantum eminebat peregrina virtus.
Nor could this remain a secret, since three of the most noble and brave of the Roman youth were fighting in the front rank of the Etruscans; so conspicuously did their foreign valor shine forth.
§5.36.7quin etiam Q. Fabius evectus extra aciem equo ducem Gallorum ferociter in ipsa signa Etruscorum incursantem per latus transfixum hasta occidit; spoliaque eius legentem Galli agnovere, perque totam aciem Romanum legatum esse signum datum est.
Nay, even Quintus Fabius, riding forward on his horse beyond the line, killed a leader of the Gauls who was fiercely charging right up to the very standards of the Etruscans, piercing him through the side with his spear; and as he was stripping his spoils, the Gauls recognized him, and the word was passed through the entire army that he was the Roman ambassador.
§5.36.8omissa inde in Clusinos ira receptui canunt minantes Romanis.
Thereupon, letting go their anger against the Clusini, they sounded the retreat, threatening the Romans.
erant, qui extemplo Romam eundum censerent; vicere seniores, ut legati prius mitterentur questum iniurias postulatumque, ut pro iure gentium violato Fabii dederentur.
There were some who thought they should go straight to Rome; but the elders prevailed, that ambassadors should first be sent to complain of the injuries and to demand that the Fabii be surrendered for violating the law of nations.
§5.36.9legati Gallorum cum ea, sicut erant mandata, exposuissent, senatui nec factum placebat Fabiorum, et ius postulare barbari videbantur; sed ne id, quod placebat, decerneret in tantae nobilitatis viris, ambitio obstabat.
When the ambassadors of the Gauls had set forth these matters just as they had been instructed, the senate was not pleased with the conduct of the Fabii, and the barbarians seemed to be demanding what was right; but political influence prevented them from decreeing that which they approved against men of such high nobility.
§5.36.10itaque ne penes ipsos culpa esset, si clades forent Gallico bello acceptae, cognitionem de postulatis Gallorum ad populum reiciunt; ubi tanto plus gratia atque opes valuere, ut, quorum de poena agebatur, tribuni militum consulari potestate in insequentem annum crearentur.
Therefore, lest the blame should rest with themselves in case defeats should be sustained in a war with the Gauls, they referred the decision regarding the demands of the Gauls to the people; where personal favor and influence prevailed to such an extent that the very men whose punishment was being discussed were elected military tribunes with consular power for the following year.
§5.36.11quo facto haud secus, quam dignum erat, infensi Galli bellum propalam minantes ad suos redeunt.
After this was done, the Gauls, incensed as was to be expected, returned to their own people, openly threatening war.
§5.36.12tribuni militum cum tribus Fabiis creati Q. Sulpicius Longus, Q. Servilius quartum, P. Cornelius Maluginensis.
The military tribunes elected along with the three Fabii were Quintus Sulpicius Longus, Quintus Servilius for the fourth time, and Publius Cornelius Maluginensis.

Notes

  1. 5.36.1mitis legatio, ni — A copula in the imperfect subjunctive (esset) is omitted in the main clause, corresponding with the pluperfect subjunctive (habuisset) in the conditional clause introduced by ni (= nisi), forming a past contrary-to-fact condition.
  2. 5.36.3egentibus agro — The noun agro is in the ablative case, functioning as an ablative of separation or want dependent on the participle egentibus (from egere, to lack).
  3. 5.36.5quid in Etruria rei Gallis esset — An indirect question introduced by quid. The noun rei is a partitive genitive (genitive of the whole) depending on quid, and Gallis is a dative of possession, meaning literally 'what of matter was there to the Gauls in Etruria'.
  4. 5.36.10si clades forent Gallico bello acceptae — The form forent is an alternative for essent. The pluperfect passive subjunctive (here imperfect subjunctive equivalent forent acceptae) is embedded within the negative purpose clause introduced by ne, representing a future-less-vivid or potential condition in past sequence.

Cite this passage

Livy, History of Rome §5.36.1-5.36.12. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:5.36.1-5.36.12

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