The Letters of Cicero Part 44

The business goes on. The _comitia_ are postponed by a decree of the senate till such time as the law for the "trial with closed doors" is carried. The day for pa.s.sing the law arrived. Terentius vetoed it. The consuls, having all along conducted this business in a half-hearted kind of way, referred the matter back to the senate. Hereupon--Bedlam! my voice being heard with the rest. "Aren't you wise enough to keep quiet, after all?" you will say. Forgive me: I can hardly restrain myself. But, nevertheless, was there ever such a farce? The senate had voted that the elections should not be held till the law was pa.s.sed: that, in case of a tribunician veto, the whole question should be referred to them afresh.

The law is introduced in a perfunctory manner: is vetoed, to the great relief of the proposers: the matter is referred to the senate. Upon that the senate voted that it was for the interest of the state that the elections should be held at the earliest possible time!

Scaurus, who had been acquitted a few days before,[635] after a most elaborate speech from me on his behalf--when all the days up to the 29th of September (on which I write this) had one after the other been rendered impossible for the _comitia_ by notices of ill omens put in by Scaevola--paid the people what they expected at his own house, tribe by tribe. But all the same, though his liberality was more generous, it was not so acceptable as that of the two mentioned above, who had got the start of him. I could have wished to see your face when you read this;[636] for I am certain you entertain some hope that these transactions will occupy a great many weeks! But there is to be a meeting of the senate to-day, that is, the 1st of October--for day is already breaking. There no one will speak his mind except Antius and Favonius,[637] for Cato is ill. Don't be afraid about me: nevertheless, I make no promises. Is there anything else you want to know? Anything?

Yes, the trials, I think. Drusus and Scaurus[638] are believed not to have been guilty. Three candidates are thought likely to be prosecuted: Domitius Calvinus by Memmius, Messalla by Q. Pompeius Rufus, Scaurus[639] by Triarius or by L. Caesar. "What will you be able to say for them?" quoth you. May I die if I know! In those books[640]

certainly, of which you speak so highly, I find no suggestion.

[Footnote 633: The object of the existing consuls in making such a bargain was to get to their provinces without difficulty, with _imperium_, which had to be bestowed by a formal meeting of the old _comitia curiata_. But that formality could be stopped by tribunes or other magistrates "watching the sky," or declaring evil omens: and just as these means were being resorted to to put off the elections, so they were also likely to be used in this matter. If it was thus put off into the next year, Domitius and Appius, not being any longer consuls, would have still greater difficulty. Corrupt as the arrangement was, it seems not to have come under any existing law, and both escaped punishment.

Appius went as proconsul to Cilicia, in spite of the _lex curiata_ not being pa.s.sed, but Domitius Ahen.o.barbus seems not to have had a province.

The object of Domitius Calvinus and Memmius in making the compact was to secure their own election, which the existing consuls had many means of a.s.sisting, but it is not clear what Memmius's object in disclosing it was. Perhaps anger on finding his hopes gone, and an idea that anything that humiliated Ahen.o.barbus would be pleasing to Caesar. He also seems to have quarrelled with Calvinus. Gaius Memmius Gemellus is not to be confounded with Gaius Memmius the tribune mentioned in the next letter.]

[Footnote 634: There is considerable uncertainty as to the exact nature of _iudicium tacitum_, here rendered "a trial with closed doors," on the a.n.a.logy of the _senatus consultum tacitum_ described by Capitolinus, _in Gordian_. ch. xii. It is not, I think, mentioned elsewhere (_iudiciis tacitis_ of 2 _Off._ -- 24, is a general expression for "anonymous expressions of opinion"), and the pa.s.sage in Plutarch (_Cato min._ 44) introduces a new difficulty, for it indicates a court in which candidates _after_ election are to purge themselves. Again, _quae erant omnibus sort.i.ta_ is very difficult. Cicero nowhere else, I believe, uses the pa.s.sive _sort.i.tus_. But, pa.s.sing that, what are the _consilia_ meant? The tense and mood shew, I think, that the words are explanatory by the writer, not part of the decree. I venture, contrary to all editors, to take _omnibus_ as dative, and to suppose that the _consilia_ meant are those of the _alb.u.m iudic.u.m_ who had been selected to try cases of _ambitus_, of which many were expected. There is no proof that the _iudices_ in a _iudicium tacitum_ had to be senators, and the names in the next sentence point the other way. The senate proposed that the law should allow this selection from the _alb.u.m_ to form the _iudicium tacitum_, which would give no public verdict, but on whose report they could afterwards act.]

[Footnote 635: M. aemilius Scaurus was acquitted on the 2nd of September on a charge of extortion in Sardinia. The trial had been hurried on lest he should use the Sardinian money in bribing for the consuls.h.i.+p. Hence he could not begin distributing his gifts to the electors till after September 2nd, and his rivals Domitius and Messalla got the start of him. See Asconius, 131 _seq._]

[Footnote 636: He means that Atticus--as a lender of money--would be glad of anything that kept the rate of interest up (see p. 286). He is, of course, joking.]

[Footnote 637: Antius is not known. Favonius was a close imitator of Cato's Stoicism. He was now opposing both Pompey and Caesar strenuously, but on the Civil War breaking out, attached himself strongly to Pompey.

He was put to death by Augustus after the battle of Philippi (Suet.

_Aug._ 13). He had a very biting tongue. See Plut. _Pomp._ 60.]

[Footnote 638: Drusus was probably Livius Drusus, the father of Livia, wife of Augustus; he was accused by Lucretius of _praevaricatio_, "collusion."]

[Footnote 639: This time for _ambitus_.]

[Footnote 640: The _de Oratore_.]

CXLIX (Q FR III, 2)

TO HIS BROTHER QUINTUS (IN GAUL)

ROME, OCTOBER

[Sidenote: B.C. 54, aeT. 52]

In the evening of the 10th of October Salvius started on board s.h.i.+p for Ostia with the things you wished sent to you from home. On that same day Memmius[641] gave Gabinius such a splendid warming in public meeting that Calidius couldn't say a word for him. To-morrow (which is strictly the day after to-morrow, for I am writing before daybreak) there is a trial before Cato for the selection of his prosecutor between Memmius, Tiberius Nero, and Gaius and Lucius, sons of M. Antonius. I think the result will be in favour of Memmius, though a strong case is being made out for Nero. In short, he is in a fairly tight fix, unless our friend Pompey, to the disgust of G.o.ds and men, upsets the whole concern. Let me give you a specimen of the fellow's impudence, and extract _something_ amusing from the public disasters. Gabinius having given out wherever he came that he was demanding a triumph, and having suddenly, the excellent general! invaded the city of his enemies by night,[642] did not venture to enter the senate. Meanwhile, exactly on the tenth day, on which he was bound to report the number of the enemy and of his own soldiers who had been killed, he slunk into the house, which was very thinly attended. When he made as if to go out, he was stopped by the consuls. The _publicani_ were introduced. The fellow was a.s.sailed on every side, and my words stinging him more than all, he lost patience, and in a voice quivering with anger called me "Exile."

Thereupon--Heavens! I never had such a compliment paid me in all my life!--the senate rose up to a man with a loud shout and made a menacing movement in his direction: the _publicani_ made an equal noise and a similar movement. In fine, they all behaved exactly as you would have done. It is the leading topic of conversation out of the house. However, I refrain from prosecuting, with difficulty, by Hercules! yet refrain I do: either because I don't want to quarrel with Pompey--the impending question of Milo is enough in that direction--or because we have no jurors worthy of the name. I fear a fiasco: besides, there is the ill-will of certain persons to me, and I am afraid my conducting the prosecution might give him some advantage: besides, I do not despair of the thing being done both without me and yet partly through my a.s.sistance. All the candidates for the consuls.h.i.+ps have had prosecutions for bribery lodged against them: Domitius Calvinus by Memmius (the tribune), Memmius (the candidate) by Q. Acutius, an excellent young man and a good lawyer, Messalla by Q. Pompeius, Scaurus by Triarius. The affair causes great commotion, because it is a plain alternative between s.h.i.+pwreck for the men concerned or for the laws. Pressure is being applied to prevent the trials taking place. It looks like an _interregnum_ again. The consuls desire to hold the _comitia_: the accused don't wish it, and especially Memmius, because he hopes that Caesar's approach[643] may secure him the consuls.h.i.+p. But he is at a very low ebb. Domitius, with Messalla as his colleague, I think is a certainty. Scaurus has lost his chance. Appius declares that he will relieve Lentulus even without a curiate law,[644] and, indeed, he distinguished himself amazingly that day (I almost forgot to mention it) in an attack upon Gabinius. He accused him of _lese majeste_, and gave the names of his witnesses without Gabinius answering a word. That is all the public news. At home all is well: your house itself is being proceeded with by the contractors with fair expedition.

[Footnote 641: C. Memmius, a tribune of this year, not the same as the C. Memmius Gemellus of the last letter.]

[Footnote 642: Referring to the fact that Gabinius, on his arrival outside Rome, without the usual procession of friends which met a returning proconsul, skulked about till nightfall, not venturing to enter Rome (the city of his enemies!) in daylight. By entering Rome he gave up his _imperium_ and could no longer ask a triumph.]

[Footnote 643: Caesar was accustomed to come to North Italy (Gallia Cisalpina) for the winter to Ravenna or Luca, and there he could be communicated with and exercise great influence.]

[Footnote 644: That is, he would go to his province of Cilicia on the strength of his nomination or allotment by the senate. There was some doubt as to the question whether such allotment did not give _imperium_ even without a _lex curiata_. Besides, the consul had already _imperium_, and he might consider it to be uninterrupted if he left Rome immediately. However, as there was always an interval between the end of the consuls.h.i.+p and the quitting Rome _paludatus_, the _lex curiata_ had generally been considered necessary (Caes. _B. C._ i. 6). After B.C. 52 the _lex Pompeia_ enacted a five years' interval, when, of course, a law would be necessary.]

CL (Q FR III, 3)

TO HIS BROTHER QUINTUS (IN GAUL)

ROME (OCTOBER)

[Sidenote: B.C. 54, aeT. 52]

The writing of an amanuensis must shew you the amount of my engagements.

I a.s.sure you that no day pa.s.ses without my appearing for the defence of some one. Accordingly, all composition or reflexion I reserve for the hour of my walk. So stands my business: matters at home, however, are everything I could wish. Our boys are well, diligent in their studies, and affectionate to me and each other. The decoration of both of our houses is still in hand: but your rural works at Arcanum and Laterium are now completed. For the rest, as to the water and the road, I went into the case thoroughly, in a certain letter of mine, without omitting anything. But, in truth, the anxiety which is now giving me great uneasiness and pain is that for a period of fifty days I have heard nothing from you or from Caesar--nothing has found its way from those parts, either in the shape of a letter, or even of a rumour. Moreover, both the sea and land out there make me uneasy, and I never cease imagining, as one does when one's affections are deeply involved, all that I least desire. Wherefore I do not, indeed, for the present ask you to write me an account of yourself and your doings, for that you never omit doing when possible, but I wish you to know this--that I have scarcely ever been so anxious for anything as at the moment of writing I am for a letter from you. Now for what is going on in politics. One day after another for the _comitia_ is struck out by notices of bad omens, to the great satisfaction of all the loyalists: so great is the scandal in which the consuls are involved, owing to the suspicion of their having bargained for a bribe from the candidates. The four candidates for the consuls.h.i.+p are all arraigned: their cases are difficult of defence, but I shall do my best to secure the safety of our friend Messalla--and that is inseparable from the acquittal of the others.

Publius Sulla has accused Gabinius of bribery--his stepson Memmius, his cousin Caecilius, and his son Sulla backing the indictment. L. Torquatus put in his claim to the conduct of the prosecution, and, to everybody's satisfaction, failed to establish it. You ask, "What will become of Gabinius?" We shall know in three days' time about the charge of _lese majeste_. In that case he is at a disadvantage from the hatred entertained by all cla.s.ses for him; witnesses against him as damaging as can be: accusers in the highest degree inefficient: the panel of jurors of varied character: the president a man of weight and decision--Alfius: Pompey active in soliciting the jurors on his behalf. What the result will be I don't know; I don't see, however, how he can maintain a position in the state. I shew no rancour in promoting his destruction, and await the result with the utmost good temper. That is nearly all the news. I will add this one item: your boy (who is mine also) is exceedingly devoted to his rhetoric master Paeonius, a man, I think, of great experience in his profession, and of very good character. But you are aware that my method of instruction aims at a somewhat more scholarly and philosophical style.[645] Accordingly I, for my part, am unwilling that his course of training should be interrupted, and the boy himself seems to be more drawn to that declamatory style, and to like it better; and as that was the style in which I was myself initiated, let us allow him to follow in my path, for I feel sure it will eventually bring him to the same point; nevertheless, if I take him with me somewhere in the country, I shall guide him to the adoption of my system and practice. For you have held out before me a great reward, which it certainly shall not be my fault if I fail to fully obtain. I hope you will write and tell me most carefully in what district you are going to pa.s.s the winter, and what your prospects are.

[Footnote 645: ?et???te???. From ??s??, a philosophical proposition or thesis. In _Paradox. praef._ he uses ?et??? of subjects suited to such theses.]

CLI (Q FR III, 4)

TO HIS BROTHER QUINTUS (IN GAUL)

ROME, 24 OCTOBER

[Sidenote: B.C. 54, aeT. 52]

Gabinius has been acquitted. Nothing could be more absolutely futile than his accuser, Lentulus, and the backers of the indictment, or more corrupt than the jury. Yet, after all, had it not been for incredible exertions and entreaties on Pompey's part, and even an alarming rumour of a dictators.h.i.+p, he would not have been able to answer even Lentulus; for even as it was, with such an accuser and such a jury, he had thirty-two votes out of seventy recorded against him. This trial is altogether so scandalous, that he seems certain to be convicted in the other suits, especially in that for extortion. But you must see that the Republic, the senate, the law courts are mere cyphers, and that not one of us has any const.i.tutional position at all. What else should I tell you about the jurors? Two men of praetorian rank were on the panel--Domitius Calvinus, who voted for acquittal so openly that everybody could see; and Cato, who, as soon as the voting tablets had been counted, withdrew from the ring of people, and was the first to tell Pompey the news. Some people--for instance, Sall.u.s.t--say that I ought to have been the prosecuting counsel. Was I to have exposed myself to such a jury as this? What would have been my position, if he had escaped when I conducted the case? But there were other considerations which influenced me. Pompey would have looked upon it as a contest with me, not for that man's safety, but for his own position: he would have entered the city;[646] it would have become a downright quarrel; I should have seemed like a Pacideia.n.u.s matched with the Samnite aeserninus[647]--he would, perhaps, have bitten off my ear,[648] and at least he would have become reconciled to Clodius. For my part, especially if you do not disapprove of it, I strongly approve my own policy. That great man, though his advancement had been promoted by unparalleled exertions on my part, and though I owed him nothing, while he owed me all, yet could not endure that I should differ from him in politics--to put it mildly--and, when in a less powerful position, shewed me what he could do against me when in my zenith. At this time of day, when I don't even care to be influential, and the Republic certainly has no power to do anything, while he is supreme in everything, was I to enter upon a contest with him? For that is what I should have had to have done. I do not think that you hold me bound to have undertaken it. "Then, as an alternative," says the grave Sall.u.s.t, "you should have defended him, and have made that concession to Pompey's earnest wish, for he begged you very hard to do so." An ingenious friend is Sall.u.s.t, to give me the alternative of a dangerous quarrel or undying infamy! I, however, am quite pleased with the middle course which I have steered; and another gratifying circ.u.mstance is that, when I had given my evidence with the utmost solemnity, in accordance with my honour and oath, the defendant said that, if he retained his right to remain in the city, he would repay me, and did not attempt to cross-question me.

As to the verses which you wish me to compose, it is true that I am deficient in industry in regard to them, which requires not only time, but also a mind free from all anxiety, but I am also wanting in inspiration. For I am not altogether without anxiety as to the coming year, though without fear. At the same time, and, upon my word, I speak without irony, I consider you a greater master of that style of writing than myself. As to filling up your Greek library, effecting interchanges of books, and purchasing Latin books, I should be very glad that your wishes should be carried out, especially as they would be very useful to me. But I have no one to employ for myself in such a business: for such books as are really worth getting are not for sale, and purchases cannot be effected except by an agent who is both well-informed and active.

However, I will give orders to Chrysippus and speak to Tyrannio. I will inquire what Scipio has done about the treasury. I will see that what seems to be the right thing is done. As to Ascanio, do what you like: I shall not interfere. As to a suburban property, I commend your not being in a hurry, but I advise your having one. I write this on the 24th of October, the day of the opening of the games, on the point of starting for my Tusculan villa, and taking my dear young Cicero with me as though to school (a school not for sport, but for learning), since I did not wish to be at any greater distance from town, because I purposed supporting Pomptinus's[649] claim of a triumph on the 3rd of November.

For there will be, in fact, some little difficulty; as the praetors, Cato and Servilius,[650] threaten to forbid it, though I don't know what they can do. For he will have on his side Appius the consul, some praetors and tribunes. Still, they do threaten--and among the foremost Q. Scaevola, "breathing war."[651] Most delightful and dearest of brothers, take good care of your health.

[Footnote 646: Pompey was outside the _pomrium_ (_ad Romam_) as having _imperium_.]

[Footnote 647: Two gladiators, one incomparably superior to the other.]

[Footnote 648: A proverbial expression, cp. "snapped my nose off."]

[Footnote 649: C. Pomptinus, praetor in B.C. 63 (when he had supported Cicero), was afterwards employed against the Allobroges as propraetor of Narbonensis (B.C. 61). He had been, ever since leaving his province (?

B.C. 58), urging his claim to a triumph. He obtained it now by the contrivance of the praetor Serv. Sulpicius Galba, who got a vote pa.s.sed by the _comitia_ before daybreak, which was unconst.i.tutional (Dio, 39, 65).]

[Footnote 650: P. Servilius Vatia Isauricus (consul B.C. 48) was an admirer of Cato. See p. 112.]

[Footnote 651: ??? p????.]