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1 While Aemilius had the imperium, that of Scipio was superior to his, and it is not certain that Aemilius had any authority on land, since he had been assigned the maritima provincia (ii. 10 above). There would surely have been a dispute had Aemilius concluded a peace treaty under such conditions, before the arrival of the consul, and in any case the ratification of senate and assembly was necessary. The position of Eumenes is sound in Roman constitutional practice, as well as consistent with his own dignity. He did not wish Antiochus to use the siege of Pergamum as something with which to bargain.
2 B.C. 190
3 The city, but not the plain, of Thebe is mentioned by Homer (Il. I. 366, etc.).
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