11.
After long agitation the Aetolians finally succeeded in obtaining an agreement on the terms of peace.
[2]
These were the conditions:1 “The people of the Aetolians shall uphold the sovereignty and dignity of the Roman people without fraud;2 they shall permit no army which is being led against the allies and friends of the Romans to cross their borders and shall aid such an army in no way;
[3]
they shall regard as enemies the same persons whom the Romans so regard, shall take up arms against them and make war upon them in company with the Romans;
[4]
they shall restore deserters, runaways and captives to the Romans and their allies, except such prisoners as were captured a second time after they had returned to their homes, or such as were captured from those who were enemies to the Romans at that time when the Aetolians were associated with the Roman forces,3 and any of the others who shall be discovered within one hundred days to the magistrates4 of the Corcyraeans without fraud;
[5]
those who shall not be discovered shall be turned over as soon as each of them is found;
[6]
they shall deliver [p. 37]to the Romans forty hostages, acceptable to the5 consul, none younger than twelve years nor older than forty, provided that no hostage shall be a
[7??]
praetor, a commander of cavalry, a public secretary, or one who has previously been a hostage at Rome; Cephallania shall be excepted from the terms of peace.”
[8]
Regarding the sum of money which they were to pay and the instalments thereof, no change was made in the conditions proposed by the consul; “if in place of silver they propose to pay gold, let them do so,” it was agreed, “provided that one gold piece shall be the equivalent of ten pieces of silver.6
[9]
Whatever cities, whatever districts, whatever persons have at any time been under the jurisdiction of the Aetolians and have, in the consulship of Titus Quinctius and Gnaeus Domitius or after that consulship,7 either been conquered by arms or submitted voluntarily to the control of the Roman people, none of these shall the Aetolians essay to recover; the Oeniadae with their city and lands shall belong to the Acarnanians.” On these conditions the treaty with the Aetolians was concluded.
1 The terms here given are in essence those given by Polybius (XXII. xv). The formal beginning appears to be that regularly employed in foedera non aequa, i.e. treaties between a politically superior and a politically inferior state. It is thus interpreted by Cicero (Balb. 35).
2 Dolus malus is technical and legal; its implication is the intent to injure or deceive another.
3 The second class of exceptions apparently includes citizens of Rome and allied states who were in arms against their native cities during the period of the active Aetolian alliance with Rome in the Second Macedonian War. But neither the meaning nor the purpose of the clause is entirely clear.
4 Polybius (l.c.) says merely τῷ ἄρχοντι, meaning, probably, a Roman prefect in Corcyra. Livy seems to misunderstand, and there seems to be no point in the demand that these persons be handed over to native magistrates in Corcyra.
5 B.C. 189
6 Polybius (l.c.) states the equivalence in terms of minae, preserving the ratio of 10:1, and adds certain details as to the financial settlement.
7 Livy and Polybius (l.c.) agree on these names, but one or the other name is nevertheless wrong. The colleague of T. Flamininus in the consulship was Sex. Aelius Paetus (XXXII. viii. 1), while Domitius was consul in 192 B.C. with L. Flamininus (XXXV. x. 10). Titus was named in the corresponding section of the consul's proposals (ix. 10 above), but it is possible that the senate made this particular condition easier by changing the date from 198 B.C. to 192 B.C.
Livy. Books XXXVIII-XXXIX with an English Translation. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1936: published without copyright notice.
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