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38. There in accordance with the decision of the ten commissioners the treaty with Antiochus [p. 125]was drafted in about this language:1 “There shall2 be friendship between King Antiochus and the Roman people on these conditions and terms: the king shall permit no army which shall purpose to wage war with the Roman people or its allies to march through the territories of his kingdom or of his allies, and he shall not aid them with grain or with any other form of assistance; the Romans and their allies shall guarantee the same to Antiochus and to those who are under his [3] control. Antiochus shall have no right to wage war upon those peoples who inhabit the islands nor to cross to [4] Europe. He shall withdraw from the cities, lands, villages and strongholds on this side of the Taurus mountain as far as the Halys river and from the valley as far as the ridges of Taurus where it slopes down into [5] Lycaonia.3 He shall carry [p. 127]away nothing but his weapons from these towns,4 lands and fortresses from which he is withdrawing; if he has removed anything, he shall duly restore it to the place in which each item belongs. He shall harbour no soldier or other person from the kingdom [6] of Eumenes. If any citizens of those cities which are separating from his kingdom are with King Antiochus and within the borders of his kingdom, they shall all return to Apamea before a designated day; whatever persons from the kingdom of Antiochus are with the Romans or their allies shall have the right to depart or [7] to remain; slaves, whether fugitives or prisoners of war, and whatever freemen there are, whether prisoners of war or deserters, he shall turn over to the Romans and their allies. He shall surrender all his elephants and shall acquire [8] no more. He shall surrender also his warships and their rigging, and he shall have not more than ten decked ships nor more than ten merchant vessels,5 nor shall any of these be propelled by more than thirty oars, nor shall he have a ship of one bank for a war in which he himself shall be [9] the aggressor. He shall not sail beyond the promontories of Calycadnus and Sarpedon, unless a ship is carrying payments of tribute or ambassadors or hostages. King Antiochus shall not be authorized to hire soldiers from those peoples which are under the control of the Roman people, nor even to accept [10] volunteers therefrom. If the Rhodians or the allies [p. 129]own any houses or buildings within the boundaries of6 the kingdom of Antiochus, they shall belong to the Rhodians or the allies on the same basis as before [11] the war; if any moneys are due, the right to collect them shall exist; if anything has been taken away, the right shall likewise exist to search for, identify and [12] recover it.7 If any cities which should be surrendered are held by persons to whom Antiochus has entrusted them, he shall withdraw his garrisons from them and shall see that they are [13] duly surrendered. He shall pay twelve thousand Attic talents8 of tested silver within twelve years in equal instalments —with the proviso that the talent shall not weigh less than eighty Roman pounds —and five hundred and forty thousand modii of wheat. He shall pay to King Eumenes three hundred and fifty talents within five years, and in commutation for the grain, on his own valuation, one hundred and [14] twenty-seven talents.9 He shall give the Romans twenty hostages and shall change them triennially, provided that none of them shall be younger than eighteen years nor older than [15] forty-five years. If any of the allies of the Roman people shall without provocation make war upon Antiochus, he shall have the [16??] right to oppose force with force, provided that he shall neither hold any city under the law of war nor receive any into friendship. They shall settle disputes between them by law and legal formula,10 or, if both states shall desire, [17] by war.” [p. 131]With regard to the surrender of Hannibal the Carthaginian,11 and Thoas the Aetolian and Mnasilochus the [18??] Acarnanian and Eubulidas and Philo the Chalcidians,12 there was a clause in this treaty too, and another to the effect that whatever in future it should seem desirable to add, take away, or modify, could be so altered without invalidating the treaty.13

1 In XXXVII. lv [2] —lvi the appointment of this commission was recorded and their functions stated as the adjustment of such details as could be considered only on the ground. There are certain changes in the treaty as stated below and certain discrepancies between it and the text as given by Polybius (XXII. xxvii).

2 B.C. 188

3 The crucial part of this sentence is lost from the text of Polybius and the MSS. of Livy offer a variety of readings. No combination of emendations has been found which pays due regard to the readings of the Livy MSS. and also gives a definite and easily recognizable boundary. I have therefore translated the text as it is printed in the latest Weissenborn-Mueller revision, although I may have given to Tauri a construction differing from theirs. I have chosen this course with full appreciation of the difficulties involved, some of which it seems proper to discuss briefly. The reference to the Halys river seems inappropriate unless it was the intention of the treaty-makers to dispose also of the territories brought to notice by the defeat of the Gauls. But no Tanaïs river is known and a Taurus river must be imaginatively identified. (Livy mentions a river of this name in xv. 7 above, but even if he is correct the position he gives it is wrong.) Furthermore, no natural boundary is provided between the crest of the Taurus range and the Halys river (I presume that this means the portion of the river above the point where it turns north-west near the Cappadocian — Cilician frontier). If a Tanais river could be plausibly identified north of the Taurus range, I should be inclined to read . . . cis Taurum montem usque ad Tanaim amnem, et ab ea valle Tauri usque ad iuga . . . (“on this side of the Taurus mountain as far as the river Tanaïs and from the valley of this river as far as the crest of Taurus”), although the order in which these geographical points are mentioned seems unnatural. It seems hardly necessary to establish an eastern frontier for Asia. For reviews of recent discussion of these questions see the Bericht on Livy by Rau and that on Greek History by Lenschau in Jahresbericht über die Fortschritte der klassischen Altertumswissenschaft, 242, 1934, esp. p. 87, and 244, 1934, esp. pp. 120-121, respectively, and Map 3 in this volume.

4 B.C. 188

5 The MSS. of Livy provide for decem naves actuarias only. Polybius, however, allows ten decked ships, and it seems necessary then to assume the loss of some words, including a numeral for actuarias. For the sake of simplicity, I have assumed in the translation, though I have not ventured to include it in the text, that this numeral was decem: anything is a guess, since Polybius mentions neither the actuariae nor the moneris. The restriction on moneres should apply equally to such actuariae as could easily be adapted to military uses, so that there may be more corruption in both Livy and Polybius than has been recognized.

6 B.C. 188

7 These provisions are probably included to protect existing rights of individuals under private law.

8 The demand of Scipio (XXXVII. xlv. 14) was expressed in the equivalent Euboean currency. One-fifth of the sum had already been paid, and this clause mentions only the instalments still due.

9 Polybius (XXII. xxvi) gives the figure more exactly as one hundred and twenty-seven talents and twelve hundred and eight drachmae, adding that Antiochus had proposed and Eumenes had agreed to accept this sum in full payment. In XXXVII. xlv. 16 Scipio had insisted on the payment of the grain which was due to Attalus, but both parties have now agreed on compensation in cash.

10 The clause is borrowed from the Roman ius civile.

11 B.C. 188

12 Polybius names these men in the clause which Livy quotes as sect. 7 above; cf. XXXVII. xlv. 16-17.

13 Polybius requires the consent of both parties to such amendments.

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  • Commentary references to this page (23):
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 31-32, commentary, 31.11
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 31-32, commentary, 32.40
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 33-34, commentary, 33.20
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 33-34, commentary, 33.30
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 33-34, commentary, 34.35
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 35-38, commentary, 35.13
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 35-38, commentary, 37.31
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 35-38, commentary, 37.35
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 35-38, commentary, 37.45
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 35-38, commentary, 37.56
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 35-38, commentary, 37.59
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.18
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.26
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.31
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.32
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 39.5
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 39-40, commentary, 40.38
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 41-42, commentary, 42.23
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 41-42, commentary, 42.41
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, books 41-42, commentary, 42.5
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, book 45, commentary, 45.17
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, book 45, commentary, 45.32
    • Titus Livius (Livy), Ab urbe condita libri, erklärt von M. Weissenborn, book 45, commentary, 45.44
  • Cross-references to this page (31):
  • Cross-references in notes to this page (1):
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