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).
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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.
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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.
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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.
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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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