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1. prout cuiusque ingenium erat atrocius mitiusue suadentibus: for a similar formulation, cf. xxxix. 25. 2 'pro ingenio quisque eorum … aut odio, acerbius leniusue egerunt'. For prout cuiusque ingenium erat, cf. xxxviii. 50. 5, Sall. Iug. 93. 7, and Tac. Agr. 37. 3.

magis condicionis in qua natus esset quam praesentis necessitatis memor: for the idea and phrasing, cf. e.g. 28. 3 'ingenuitatis magis quam praesentis condicionis memorem' and Porph. ad Hor. serm. i. 3. 82 'memor libertatis in qua natus erat'. The legatus had been born free, but was now a dediticius. For condicio meaning 'juridical status', see 2. 13 n.; for praesentis necessitatis, cf. ix. 3. 13 and Thuc. vi. 68. 4 τὴν παροῦσαν ἀνάγκην‎; and for memor in such contexts see x. 37. 8 n.

2. interrogatus: each senator had the right to interrogate legati from a foreign state. For the practice and a scene comparable to ours (where the reply of the legati provokes a hostile rejoinder in the senate), see esp. xxx. 22. 5–6 'cum more tradito patribus potestatem pg 619interrogandi, si quis quid uellet, legatos praetor fecisset, senioresque qui foederibus interfuerant alia alii interrogarent, nec meminisse se per aetatem—etenim omnes ferme iuuenes erant—dicerent legati, conclamatum ex omni parte curiae est Punica fraude electos qui ueterem pacem repeterent cuius ipsi non meminissent'. Note also iii. 4. 6, xxix. 19. 1, xxx. 42. 7, xxxvii. 1. 3, 48. 6, 49. 4, xlii. 24. 1, 36. 4–5, xliii. 7. 1, Plb. xviii. 11. 13, App. Lib. 74 (342–6). See further Mommsen (1887–8) iii. 960.

tristioris: see 7. 17 n.

3. feroci responso: this coupling is perhaps found only in L. [x], and in this part of book viii (cf. 22. 8 and 23. 3). L. also uses similar locutions such as ferocia dicta (xxiii. 47. 4; cf. Ov. met. ix. 580–1, Sil. vii. 235, Flor. i. 45(iii. 10). 21), ferox oratio (ii. 52. 7, xxxi. 18. 3), and ferox uerbum (xxvi. 9. 14). But as the parallels listed above (and cf. also Curt. vii. 4. 5 'Bessus ferox uerbis') show, the idea that ferocia could be expressed in speech was common enough.

4–7. pacem … fidam … pacem … fidam: for this coupling see ix. 45. 5 n. In L.'s time fidelis was the normal word, and fidus had an archaic and poetical tone; see Adams (1973) 139 n. 22 'In poetry of the higher genres fidus is preferred almost exclusively … In prose both Caesar and Quintilian avoid fidus, and Cicero has it comparatively rarely (and then usually in the superlative form, in which it may have retained a limited currency) in both the speeches and letters … Livy uses both words 35 times'.

4. perpetuam: see 13. 13 n.

6. pars melior senatus: for pars melior in a political context cf. e.g. Cic. Cael. 13, Hor. epod. 16. 15, 16. 37, and Vell. ii. 3. 2; also Cic. fin. iv. 4 and Ov. Pont. iii. 2. 25.

ad molliora responsa: the mss offer meliora, but even L. can hardly have repeated the word in such an unstylish way and molliora, a conjecture of Gronovius, is probably correct. Although the only parallel to molle responsum listed at TLL viii. 1376. 45–69 is Vulg. prou. 15. 1 'responsio mollis', the adjective is used quite commonly of speech; cf. e.g. Cic. fam. vi. 14. 2, where it is coupled with oratio. An alternative approach (espoused by e.g. W–M) is to accept Duker's mitior for melior (cf. xxx. 42. 7 'mite responsum'), but the appearance of mitior in §§ 1 and 3 perhaps tells against this.

8. principes sententiarum consulares: in the late Republic the presiding consul traditionally asked first the consuls elect and then pg 620the consulars for their opinion before opening the debate to senators of lower rank; see ix. 8. 3 n. For principes sententiarum cf. xxvi. 32. 1 'principe eius sententiae T. Manlio Torquato', Cic. dom. 10 'quoniam princeps ego sum eius (sc. sententiae) atque auctor', 30, har. 13, Pis. 35, Balb. 61. It is not certain that the terms auctor and princeps sententiae were always used with precision, but the auctor seems to have been the man responsible for a view being put forward (cf. Cic. leg. iii. 37 and Phil. ix. 7 'quod ea … auctoritate erant et sententia Ser. Sulpici constituta', where this meaning of auctor comes out very clearly) and the princeps the man who first uttered it. See further Mommsen (1887/8) iii. 978, Wagenvoort (1936/7) 208, and Bonnefond-Coudry (1989) 692–5.

9. qui Romani fiant: see 17. 12 n.

10. causam obtinuere: causam obtinere is normally used in the context of a court case ('to win one's suit'); see e.g. Cic. IIVerr. i. 28, ii. 20, 26, and most of the passages listed at TLL ix. 2. 286. 54–6. L.'s untechnical use is quite characteristic; but cf. Cic. fin. iv. 56 and esp. Hirt. Gall. viii. 52. 3 'iudicabat enim liberis sententiis patrum conscriptorum causam suam facile obtineri', where the expression is used, as here, of a senatorial debate.

ex auctoritate patrum latum ad populum est: this was probably the correct constitutional procedure for the grant of citizenship in the late Republic; see e.g. Sis. fr. 119 'tamen Tudertibus senati consulto et populi iussu dat ciuitatem'. Note, however, xxxviii. 36. 7 'de Formianis Fundanisque municipibus et Arpinatibus C. Valerius Tappo tribunus plebis promulgauit, ut iis suffragii latio … esset. huic rogationi quattuor tribuni plebis, quia non ex auctoritate senatus ferretur, cum intercederent, edocti populi esse non senatus ius suffragium quibus uelit impertire, destiterunt incepto', where it may conceivably be significant that only the vote was at issue. Doubtless some procedure similar to that described by L. was required in 329; but, given the unreliability of most of this episode, it would be rash to argue that this passage goes back to authentic documentation rather than to the plausible reconstruction of L. or an annalist. At 14. 1–12 L. omits to mention the role of the populus in the process, at 17. 12 the role of the senate. See also vi. 22. 4 n.

ciuitas daretur: this grant of citizenship must have been sine suffragio; see pp. 550 and 553 above. For L.'s belief that citizenship was a gift rather than an imposition, see 13. 17 n.

11. Anxur was the Volscian name for Tarracina, modern Terracina. pg 621Tarracina, recorded as being subject to Rome by Polybius (iii. 22. 11) in his account of the First Carthaginian Treaty, was the most southerly Latin settlement. It lay on a hill which overlooked the coast at the far end of the Pomptine plain, just to the east of the mouth of the Amaseno, some sixteen kilometres east of Circeii and eighteen west of Formiae. The site was of considerable strategic importance, since the Monti Ausoni here sweep down to the sea, and the town and the neighbouring pass ad Lautulas (vii. 39. 7 n.) control the coastal route to Latium from the east. A few years after the Carthaginian Treaty—perhaps around 500 bc—the town must have been overrun by the Volsci, and it remained in their hands for most of the fifth century, for which period it is not mentioned by our sources. Subsequently L. records its capture by Rome in 406 (iv. 59. 4–11; cf. D.S. xiv. 16. 5), its recapture by the Volsci in 402 (v. 8. 2), an unsuccessful Roman assault in 401 (v. 12. 6), eventual recapture by Rome in 400 (v. 13. 1), and an unsuccessful Volscian assault in 397 (v. 16. 2); there is no reason to disbelieve these notices, but Tarracina probably returned to Volscian control after the Gallic Sack. Enn. ann. 152 'Volsculus perdidit Anxur' will relate to one of these Roman captures (see Skutsch's note). The colony of citizens established by Rome in 329 (also recorded by Vell. i. 14. 4) was exactly parallel to that established in 338 at Antium, another Volscian coastal site (14. 8 n.); its foundation in the year in which Privernum and Fundi were defeated can hardly have been a coincidence, and its purpose will have been to exercise some control over the activities of those Volscian towns. Some fragments of polygonal walling may date from the Volscian period, but most archaeological remains belong to the late republican and imperial periods; the acropolis on M. S. Angelo with its famous temple of Jupiter and fortifications in opus incertum is a splendid instance of late republican monumental building. See further Mommsen, CIL x. 623–4, Hülsen, RE, i. 2652, Lugli (1926–8), Philipp, RE ivA. 2395–7, Ogilvie on iv. 59. 3, Salmon (1969) 57, and Coarelli (1982) 308–32.

11. bina iugera: see vi. 36. 11 n.

acceperunt: accipere (perhaps hardly surprisingly) is regular in this context; cf. e.g. iii. 1. 6 'iussi nomina dare qui agrum accipere uellent', xxxi. 49. 5, and see TLL i. 313. 31–8.

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