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The ambassadors had not as yet returned from Rome, nor was it known whether the Roman senate had pronounced in favour of peace or war; nor as yet had the period of the truce expired. Scipio, therefore, considering that the malignity of their offence was heightened by the fact, that, though they had solicited peace and a truce, they had cut off all hopes of the former and violated the latter, immediately despatched Lucius Baebius, Lucius Sergius, and Lucius Fabius, as ambassadors to Carthage. These, having narrowly escaped violence from the assembled multitude, and perceiving that they would be exposed to similar danger on their return, requested of the magistrates, by whose aid they had been protected from violence, to send ships to escort them. Two triremes were assigned them, which, when they had come to the river Bagradas, whence the Roman camp could be seen, returned to Carthage. The Carthaginian fleet was stationed at Utica, and from this three quadriremes were despatched, which suddenly attacked the Roman quinquereme from the main sea, while doubling the promontory, either owing to a message sent from Carthage that this should be done, or that Hasdrubal, who commanded the fleet, perpetrated the atrocity without public connivance. But neither could they strike it with their beaks from the rapidity with which it evaded them, nor could the fighting men board the higher from lower vessels. The quinquereme was gallantly defended as long as their weapons lasted; but these failing, and there being now nothing which could save them but the nearness of the land, and the multitude which had poured out from the camp upon the shore, they communicated a rapid motion to the vessel by means of their oars, and running her against the shore with all the force they could, they escaped themselves without injury, and only lost the vessel. Thus when the truce had been unequivocally violated by repeated acts of villany, Laelius and Fulvius arrived from Rome with the Carthaginian ambassadors. Scipio told them, that although the Carthaginians had not only broken their faith pledged in the truce, but had also violated the laws of nations in the persons of his ambassadors, yet he would not in their case do any thing unworthy of the maxims of the Roman people or his own principles; after saying which, he dismissed the ambassadors and prepared for war. When Hannibal was now drawing near land, one of the sailors, who was ordered to climb the mast to see what part of the country they were making, said the prow pointed toward a demolished sepulchre, when Hannibal, recognising the inauspicious omen, ordered the pilot to steer by that place, and putting in his fleet at Leptis, landed his forces there.

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Such were the transactions in Africa this year. Those which followed extended themselves into that year in which Marcus Servilius Geminus, who was then master of the horse and Tiberius Claudius Nero were consuls. However, at the close of the former year, deputies from the allied states in Greece having arrived with complaints that their lands had been devastated by the king's garrisons, and that their ambassadors, who had gone into Macedonia to demand restitution had not been admitted into the presence of Philip; and having also brought information that four thousand men were said to have been conveyed over into Africa, under the conduct of Sopater, to assist the Carthaginians, and that a considerable quantity of money had been sent with them; the senate resolved that ambassadors should be sent to the king to inform him that the fathers considered that these acts were contrary to the treaty. The persons sent were Caius Terentius Varro, Caius Mamilius, and Marcus Aurelius. Three quinqueremes were assigned to them. This year was rendered remarkable by a most extensive fire, by which the buildings on the Publician hill were burned to the ground, and by the greatness of the floods. But still provisions were cheap, not only because, as it was a time of peace, supplies could be obtained from every part of Italy, but also because Marcus Valerius Falto and Marcus Fabius Buteo, the curule aediles, distributed to the people, so much for each street, at the rate of four asses a bushel, a great quantity of corn which had been sent out of Spain. The same year died Quintus Fabius Maximus at an advanced age, if, indeed, it be true that he was augur sixty-two years, which some historians relate. He was a man unquestionably worthy of the high surname which he bore, even had it begun with him. He surpassed the honours of his father, and equalled those of his grandfather. His grandfather, Rullus, was distinguished by a greater number of victories and more important battles; but one antagonist like Hannibal is sufficient to counterbalance them all. He was esteemed rather cautious than spirited; and though it may be questioned whether he was naturally dilatory, or whether he adopted that kind of conduct because it was peculiarly suited to the war which he was carrying on, yet nothing can be more clear that he was that one man who by his delay retrieved our affairs, as Ennius says. Quintus Fabius Maximus, his son, was consecrated augur in his room. In the room of the same, for he held two priesthoods, Servius Sulpicius Galba was consecrated pontiff. The Roman games were repeated for one day, the plebeian were thrice repeated entire by the aediles, Marcus Sextius Sabinus and Cneius Tremellius Flaccus. Both these were elected praetors, and with them Caius Livius Salinator and Caius Aurelius Cotta. The difference in the accounts of historians renders it uncertain whether Caius Servilius the consul presided in the elections this year, or Publius Sulpicius, nominated dictator by him, because business detained him in Etruria; being engaged, according to a decree of the senate, in making inquisitions respecting the conspiracies of the principal inhabitants.

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In the beginning of the following year, Marcus Servilius and Tiberius Claudius, having assembled the senate, consulted them respecting the provinces. As both were desirous of having Africa, they wished Italy and Africa to be disposed of by lots; but, principally in consequence of the exertions of Quintus Metellus, Africa was neither assigned to any one nor withheld. The consuls were ordered to make application to the tribunes of the people, to the effect, that, if they thought proper, they should put it to the people to decide whom they wished to conduct the war in Africa. All the tribes nominated Publius Scipio. Nevertheless, the consuls put the province of Africa to the lot, for so the senate had decreed. Africa fell to the lot of Tiberius Claudius, who was to cross over into Africa with a fleet of fifty ships, all quinqueremes, and have an equal command with Scipio. Marcus Servilius obtained Etruria. Caius Servilius was continued in command in the same province, in case the senate resolved that the consul should remain at the city. Of the praetors, Marcus Sextus obtained Gaul; which province, together with two legions, Publius Quinctilius Varus was to deliver to him; Caius Livius obtained Bruttium, with the two legions which Publius Sempronius, the proconsul, had commanded the former year; Cneius Tremellius had Sicily, and was to receive the province and two legions from Publius Villius Tappulus, a praetor of the former year; Villius, as propraetor, was to protect the coast of Sicily with twenty men of war, and a thousand soldiers; and Marcus Pomponius was to convey thence to Rome one thousand five hundred soldiers, with the remaining twenty ships. The city jurisdiction fell to Caius Aurelius Cotta; and the rest of the praetors were continued in command of the respective provinces and armies which they then had. Not more than sixteen legions were employed this year in the defence of the empire. And, that they might have the gods favourably disposed towards them in all their undertakings and proceedings, it was ordered that the consuls, before they set out to the war, should celebrate those games, and sacrifice those victims of the larger sort, which, in the consulate of Marcus Claudius Marcellus and Titus Quinctius, Titus Manlius, the dictator, had vowed, provided the commonwealth should continue in the same state for the next five years. The games were exhibited in the circus during four days, and the victims sacrificed to those deities to whom they had been vowed.

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