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Livy · History of Rome §8.23.1-8.23.17

Preparations for War with Samnium and Publilius's Command

Passage 421 of 1770 · Latin

Summary

The senate receives reports from the consuls that peace with the Samnites is unlikely, leading to preparations for war. While Publilius's command is extended as proconsul, the appointment of Marcellus as dictator is invalidated due to an alleged flaw, leading to an interregnum and the election of new consuls.

§8.23.1ab utroque consule exiguam spem pacis cum Samnitibus esse certior fit senatus: Publilius duo milia Nolanorum militum et quattuor Samnitium, magis Nolanis cogentibus quam voluntate Graecorum, recepta Palaepoli scripserat Romam, Cornelius: §8.23.2compertum sehabere dilectum indictum a magistratibus universumque Samnium erectum ac vicinos populos, Privernatem Fundanumque et Formianum, haud ambigue sollicitari.
The senate was informed by both consuls that there was little hope of peace with the Samnites: Publilius had written to Rome that two thousand Nola soldiers and four thousand Samnites, more through the compulsion of the Nolans than by the will of the Greeks, had been admitted into Palaepolis; Cornelius wrote: that he had discovered that a levy had been declared by the magistrates, that the whole of Samnium was aroused, and that the neighboring peoples of Privernum, Fundi, and Formiae were being openly solicited.
§8.23.3ob haec cum legatos mitti placuisset prius ad Samnites, quam bellum fieret, responsum redditur ab Samnitibus ferox.
On this account, although it had been decided that ambassadors should be sent to the Samnites before war was made, a fierce answer was returned by the Samnites.
§8.23.4ultro incusabant iniurias Romanorum; neque eo neglegentius ea, quae ipsis obicerentur, purgabant: haud ullo publico consilio auxiliove iuvari Graecos; §8.23.5nec Fundanum Formianumve a se sollicitatos; quippe minime paenitere se virium suarum, si bellum placeat.
They went so far as to accuse the Romans of injustices; nor did they on that account defend themselves any more carelessly against the charges brought against them, saying that the Greeks were not assisted by any public counsel or aid; nor had Fundi or Formiae been solicited by them; for indeed they were far from regretting their own strength, if war was desired.
§8.23.6ceterum non posse dissimulare aegre pati civitatem Samnitium, quod Fregellas ex Volscis captas dirutasque ab se restituerit Romanus populus coloniamque in Samnitium agro inposuerint, quam coloni eorum Fregellas appellent; §8.23.7eam se contumeliam iniuriamque, ni sibi ab iis, qui fecerint, dematur, ipsos omni vi depulsuros esse.
For the rest, they could not disguise that the state of the Samnites took it ill that the Roman people had restored Fregellae, which had been taken from the Volsci and destroyed by themselves, and had established a colony in the territory of the Samnites, which their colonists called Fregellae; that unless this insult and injury were removed from them by those who had committed it, they themselves would repel it with all their might.
§8.23.8cum Romanus legatus ad disceptandum eos ad communes socios atque amicos vocaret, “quid perplexe agimus?” inquit; “nostra certamina, Romani, non verba legatorum nec hominum quisquam disceptator, sed campus Campanus, in quo concurrendum est, et arma et communis Mars belli decernet.
When the Roman envoy called them to a conference before their common allies and friends, "Why do we act evasively?" he said; "our struggles, Romans, will be decided not by the words of envoys nor by any human arbitrator, but by the Campanian plain, in which we must meet, and by arms, and by the common fortune of war.
§8.23.9proinde inter Capuam Suessulamque castra castris conferamus et, Samnis Romanusne imperio Italiam regat, decernamus. ” §8.23.10legati Romanorum cum se non, quo hostis vocasset, sed quo imperatores sui duxissent, ituros esse respondissent, domum rediere.
Therefore, let us pitch camp opposite camp between Capua and Suessula, and decide whether the Samnite or the Roman shall rule Italy with sovereign power." The Roman envoys, having replied that they would go not where the enemy had summoned them, but where their own generals led them, returned home.
iam Publilius inter Palaepolim Neapolimque loco opportune capto diremerat hostibus societatem auxilii mutui, qua, ut quisque locus premeretur, inter se usi fuerant.
Already Publilius, having seized an opportune position between Palaepolis and Neapolis, had cut off from the enemy the alliance of mutual aid which they had used with each other as each place was pressed.
§8.23.11itaque cum et comitiorum dies instaret et Publilium inminentem hostium muris avocari ab spe capiendae in dies urbis haud e re publica esset, §8.23.12actum cum tribunis est, ad populum ferrent, ut, cum Q. Publilius Philo consulatu abisset, pro consule rem gereret, quoad debellatum cum Graecis esset.
And so, since both the day of the elections was at hand and it was not to the advantage of the state that Publilius, who was threatening the walls of the enemy, should be called away from the daily expectation of taking the city, negotiations were opened with the tribunes to propose to the people that, when Quintus Publilius Philo should have retired from the consulship, he should act as proconsul until the war with the Greeks was finished.
§8.23.13L. Cornelio, quia ne eum quidem in Samnium iam ingressum revocari ab impetu belli placebat, litterae missae, ut dictatorem comitiorum causa diceret.
To Lucius Cornelius, since it was not pleasing that he either, having now entered Samnium, should be recalled from the impulse of the war, letters were sent that he should name a dictator for the sake of the elections.
§8.23.14dixit M. Claudium Marcellum; ab eo magister equitum dictus Sp. Postumius.
He named Marcus Claudius Marcellus; by him Spurius Postumius was named master of the horse.
nec tamen ab dictatore comitia sunt habita, quia, vitione creatus esset, in disquisitionem venit.
Yet the elections were not held by the dictator, because it came into question whether he had been created with some flaw.
consulti augures vitiosum videri dictatorem pronuntiaverunt.
The augurs, being consulted, declared that the dictator appeared to have been created with a flaw.
§8.23.15eam rem tribuni suspectam infamemque criminando fecerunt: nam neque facile fuisse id vitium nosci, cum consul oriens de nocte silentio diceret dictatorem, neque ab consule cuiquam publice privatimve de ea re scriptum esse, §8.23.16nec quemquam mortalium extare, qui se vidisse aut audisse quid dicat, quod auspicium dirimeret, neque augures divinare Romae sedentes potuisse, quid in castris consuli vitii obvenisset.
The tribunes made this matter suspicious and disreputable by accusing them: for neither was it easy for that flaw to be known, since the consul named the dictator rising in the silence of the night, nor had anything been written about that matter by the consul to anyone publicly or privately, nor did any mortal exist who said that he had seen or heard anything that would break the auspice, nor could the augurs, sitting at Rome, divine what flaw had occurred to the consul in his camp.
cui non apparere, quod plebeius dictator sit, id vitium auguribus visum?
To whom did it not appear that because the dictator was a plebeian, that flaw had seemed so to the augurs?
§8.23.17haec aliaque ab tribunis nequiquam iactata; tandem ad interregnum res rediit, dilatisque alia atque alia de causa comitiis quartus decimus demum interrex L. Aemilius consules creat C. Poetelium L. Papirium Mugillanum; Cursorem in aliis annalibus invenio.
These and other things were in vain bandied about by the tribunes; at length the matter returned to an interregnum, and the elections having been delayed for one reason or another, the fourteenth interrex, Lucius Aemilius, finally created Gaius Poetelius and Lucius Papirius Mugillanum consuls; in other annals I find Cursor.

Notes

  1. 8.23.1recepta Palaepoli — Ablative absolute construction consisting of the noun Palaepolis (feminine, 3rd declension) in the ablative singular and the perfect passive participle of recipere in the feminine ablative singular. It can be interpreted either actively as "after Palaepolis had received (them)" or passively as "after Palaepolis had been received/taken". In this context, describing the circumstances under which the soldiers entered the city, the active interpretation is more natural.
  2. 8.23.2compertum se habere — The construction of habeo with the perfect passive participle. Used instead of the simple perfect infinitive comperisse, it emphasizes not just the past act of discovering, but the ongoing possession of that verified knowledge in the present. This syntactic pattern is the direct precursor to the modern Romance perfect tense (have/avoir + past participle).
  3. 8.23.15oriens de nocte silentio — The participle oriens modifies consul, while de nocte means "rising in the night" or "during the night". The word silentio is a technical term of Roman augury, indicating a state of complete absence of unfavorable noises or disturbances, which was a necessary condition for a valid auspice.
  4. 8.23.16plebeius dictator — Refers to the fact that Marcellus, who had been named dictator, was of plebeian origin. The tribunes are charging that the patrician augurs politically abused their religious authority by declaring a ritual flaw (vitium) to invalidate his appointment, simply to block the advancement of a plebeian.

Cite this passage

Livy, History of Rome §8.23.1-8.23.17. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0914.phi001.humanitext-lat2:8.23.1-8.23.17

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