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The Letters of Cicero, Volume 1

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CXLVIII (a iv, 17 and parts of 16)

TO ATTICUS (ABROAD)
Rome, 1 October

b.c. 54, æt. 52

You think I imagine that I write more rarely to you than I used to do from having forgotten my regular habit and purpose, but the fact is that, perceiving your locality and journeys to be equally uncertain, I have never intrusted a letter to anyone—either for Epirus, or Athens, or Asia, or anywhere else—unless he was going expressly to you. For my letters are not of the sort to make their non-delivery a matter of indifference; they contain so many confidential secrets that I do not as a rule trust them even to an amanuensis, for fear of some jest leaking out in some direction or another.

The consuls are in a blaze of infamy because Gaius Memmius, one of the candidates, read out in the senate a compact which he and his fellow candidate, Domitius Calvinus, had made with the consuls—that both were to forfeit to the consuls 40 sestertia apiece (in case they were themselves elected consuls), if they did not produce three augurs to depose that they had been present at the passing of a lex curiata, which, in fact, had not been passed; and two consulars to depose to having helped to draft a decree for furnishing the consular provinces, though there had not even been a meeting of the senate at all.636 As this compact was alleged not to have been a mere verbal one, but to have been drawn up with the sums to be paid duly entered, formal orders for payment, and written attestations of many persons, it was, on the suggestion of Pompey, produced by Memmius, but with the names obliterated. It has made no difference to Appius—he had no character to lose! To the other consul it was a real knock-down blow, and he is, I assure you, a ruined man. Memmius, however, having thus dissolved the coalition, has lost all chance of election, and is by this time in a worse position than ever, because we are now informed that his revelation is strongly disapproved of by Cæsar. Our friend Messalla and his fellow candidate, Domitius Calvinus, have been very liberal to the people. Nothing can exceed their popularity. They are certain to be consuls. But the senate has passed a decree that a "trial with closed doors" should be held before the elections in respect to each of the candidates severally by the panels already allotted to them all. The candidates are in a great fright. But certain jurors—among them Opimius, Veiento, and Rantius—appealed to the tribunes to prevent their being called upon to act as jurors without an order of the people637. 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 passing 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 passed: 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,638 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 Scævola—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;639 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,640 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 Scaurus641 are believed not to have been guilty. Three candidates are thought likely to be prosecuted: Domitius Calvinus by Memmius, Messalla by Q. Pompeius Rufus, Scaurus642 by Triarius or by L. Cæsar. "What will you be able to say for them?" quoth you. May I die if I know! In those books643 certainly, of which you speak so highly, I find no suggestion.

 

CXLIX (q fr iii, 2)

TO HIS BROTHER QUINTUS (IN GAUL)
Rome, October

b.c. 54, æt. 52

In the evening of the 10th of October Salvius started on board ship for Ostia with the things you wished sent to you from home. On that same day Memmius644 gave Gabinius such a splendid warning 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 gods 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,645 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 assailed 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 assistance. All the candidates for the consulships 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 shipwreck 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 Cæsar's approach646 may secure him the consulship. 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,647 and, indeed, he distinguished himself amazingly that day (I almost forgot to mention it) in an attack upon Gabinius. He accused him of lèse majesté, 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.

CL (q fr iii, 3)

TO HIS BROTHER QUINTUS (IN GAUL)
Rome (October)

b.c. 54, æt. 52

The writing of an amanuensis must shew you the amount of my engagements. I assure you that no day passes 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 Cæsar—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 consulship 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 Cæcilius, 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 lèse majesté. In that case he is at a disadvantage from the hatred entertained by all classes 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 Pæonius, 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.648 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 pass the winter, and what your prospects are.

CLI (q fr iii, 4)

TO HIS BROTHER QUINTUS (IN GAUL)
Rome, 24 October

b.c. 54, æt. 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 dictatorship, 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 constitutional position at all. What else should I tell you about the jurors? Two men of prætorian 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, Sallust—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;649 it would have become a downright quarrel; I should have seemed like a Pacideianus matched with the Samnite Æserninus650—he would, perhaps, have bitten off my ear,651 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 Sallust, "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 Sallust, 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 circumstance 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's652 claim of a triumph on the 3rd of November. For there will be, in fact, some little difficulty; as the prætors, Cato and Servilius,653 threaten to forbid it, though I don't know what they can do. For he will have on his side Appius the consul, some prætors and tribunes. Still, they do threaten—and among the foremost Q. Scævola, "breathing war."654 Most delightful and dearest of brothers, take good care of your health.

CLII (f i, 9)

TO P. LENTULUS SPINTHER (IN CILICIA)
Rome (October)

b.c. 54, æt. 52

M. Cicero desires his warmest regards to P. Lentulus, imperator.655 Your letter was very gratifying to me, from which I gathered that you fully appreciated my devotion to you: for why use the word kindness, when even the word "devotion" itself, with all its solemn and holy associations, seems too weak to express my obligations to you? As for your saying that my services to you are gratefully accepted, it is you who in your overflowing affection make things, which cannot be omitted without criminal negligence, appear deserving of even gratitude. However, my feelings towards you would have been much more fully known and conspicuous, if, during all this time that we have been separated, we had been together, and together at Rome. For precisely in what you declare your intention of doing—what no one is more capable of doing, and what I confidently look forward to from you—that is to say, in speaking in the senate, and in every department of public life and political activity, we should together have been in a very strong position (what my feelings and position are in regard to politics I will explain shortly, and will answer the questions you ask), and at any rate I should have found in you a supporter, at once most warmly attached and endowed with supreme wisdom, while in me you would have found an adviser, perhaps not the most unskilful in the world, and at least both faithful and devoted to your interests. However, for your own sake, of course, I rejoice, as I am bound to do, that you have been greeted with the title of imperator, and are holding your province and victorious army after a successful campaign. But certainly, if you had been here, you would have enjoyed to a fuller extent and more directly the benefit of the services which I am bound to render you. Moreover, in taking vengeance on those whom you know in some cases to be your enemies, because you championed the cause of my recall, in others to be jealous of the splendid position and renown which that measure brought you, I should have done you yeoman's service as your associate. However, that perpetual enemy of his own friends, who, in spite of having been honoured with the highest compliments on your part, has selected you of all people for the object of his impotent and enfeebled violence, has saved me the trouble by punishing himself. For he has made attempts, the disclosure of which has left him without a shred, not only of political position, but even of freedom of action.656 And though I should have preferred that you should have gained your experience in my case alone, rather than in your own also, yet in the midst of my regret I am glad that you have learnt what the fidelity of mankind is worth, at no great cost to yourself, which I learnt at the price of excessive pain. And I think that I have now an opportunity presented me, while answering the questions you have addressed to me, of also explaining my entire position and view. You say in your letter that you have been informed that I have become reconciled to Cæsar and Appius, and you add that you have no fault to find with that. But you express a wish to know what induced me to defend and compliment Vatinius. In order to make my explanation plainer I must go a little farther back in the statement of my policy and its grounds.

Well, Lentulus! At first—after the success of your efforts for my recall—I looked upon myself as having been restored not alone to my friends, but to the Republic also; and seeing that I owed you an affection almost surpassing belief, and every kind of service, however great and rare, that could be bestowed on your person, I thought that to the Republic, which had much assisted you in restoring me, I at least was bound to entertain the feeling which I had in old times shewed merely from the duty incumbent on all citizens alike, and not as an obligation incurred by some special kindness to myself. That these were my sentiments I declared to the senate when you were consul, and you had yourself a full view of them in our conversations and discussions. Yet from the very first my feelings were hurt by many circumstances, when, on your mooting the question of the full restoration of my position, I detected the covert hatred of some and the equivocal attachment of others. For you received no support from them either in regard to my monuments, or the illegal violence by which, in common with my brother, I had been driven from my house; nor, by heaven, did they shew the goodwill which I had expected in regard to those matters which, though necessary to me owing to the shipwreck of my fortune, were yet regarded by me as least valuable—I mean as to indemnifying me for my losses by decree of the senate. And though I saw all this—for it was not difficult to see—yet their present conduct did not affect me with so much bitterness as what they had done for me did with gratitude. And therefore, though according to your own assertion and testimony I was under very great obligation to Pompey, and though I loved him not only for his kindness, but also from my own feelings, and, so to speak, from my unbroken admiration of him, nevertheless, without taking any account of his wishes, I abode by all my old opinions in politics.657 With Pompey sitting in court,658 upon his having entered the city to give evidence in favour of Sestius, and when the witness Vatinius had asserted that, moved by the good fortune and success of Cæsar, I had begun to be his friend, I said that I preferred the fortune of Bibulus, which he thought a humiliation, to the triumphs and victories of everybody else; and I said during the examination of the same witness, in another part of my speech, that the same men had prevented Bibulus from leaving his house as had forced me from mine: my whole cross-examination, indeed, was nothing but a denunciation of his tribuneship;659 and in it I spoke throughout with the greatest freedom and spirit about violence, neglect of omens, grants of royal titles. Nor, indeed, in the support of this view is it only of late that I have spoken: I have done so consistently on several occasions in the senate. Nay, even in the consulship of Marcellinus and Philippus,660 on the 5th of April the senate voted on my motion that the question of the Campanian land should be referred to a full meeting of the senate on the 15th of May. Could I more decidedly invade the stronghold of his policy, or shew more clearly that I forgot my own present interests, and remembered my former political career? On my delivery of this proposal a great impression was made on the minds not only of those who were bound to have been impressed, but also of those of whom I had never expected it. For, after this decree had passed in accordance with my motion, Pompey, without shewing the least sign of being offended with me, started for Sardinia and Africa, and in the course of that journey visited Cæsar at Luca. There Cæsar complained a great deal about my motion, for he had already seen Crassus at Ravenna also, and had been irritated by him against me. It was well known that Pompey was much vexed at this, as I was told by others, but learnt most definitely from my brother. For when Pompey met him in Sardinia, a few days after leaving Luca, he said: "You are the very man I want to see; nothing could have happened more conveniently. Unless you speak very strongly to your brother Marcus, you will have to pay up what you guaranteed on his behalf."661 I need not go on. He grumbled a great deal: mentioned his own services to me: recalled what he had again and again said to my brother himself about the "acts" of Cæsar, and what my brother had undertaken in regard to me; and called my brother himself to witness that what he had done in regard to my recall he had done with the consent of Cæsar: and asked him to commend to me the latter's policy and claims, that I should not attack, even if I would not or could not support them. My brother having conveyed these remarks to me, and Pompey having, nevertheless, sent Vibullius to me with a message, begging me not to commit myself on the question of the Campanian land till his return, I reconsidered my position and begged the state itself, as it were, to allow me, who had suffered and done so much for it, to fulfil the duty which gratitude to my benefactors and the pledge which my brother had given demanded, and to suffer one whom it had ever regarded as an honest citizen to shew himself an honest man. Moreover, in regard to all those motions and speeches of mine which appeared to be giving offence to Pompey, the remarks of a particular set of men, whose names you must surely guess, kept on being reported to me; who, while in public affairs they were really in sympathy with my policy, and had always been so, yet said that they were glad that Pompey was dissatisfied with me, and that Cæsar would be very greatly exasperated against me. This in itself was vexatious to me: but much more so was the fact that they used, before my very eyes, so to embrace, fondle, make much of, and kiss my enemy—mine do I say? rather the enemy of the laws, of the law courts, of peace, of his country, of all loyal men!—that they did not indeed rouse my bile, for I have utterly lost all that, but imagined they did. In these circumstances, having, as far as is possible for human prudence, thoroughly examined my whole position, and having balanced the items of the account, I arrived at a final result of all my reflexions, which, as well as I can, I will now briefly put before you.

If I had seen the Republic in the hands of bad or profligate citizens, as we know happened during the supremacy of Cinna, and on some other occasions, I should not under the pressure, I don't say of rewards, which are the last things to influence me, but even of danger, by which, after all, the bravest men are moved, have attached myself to their party, not even if their services to me had been of the very highest kind. As it is, seeing that the leading statesman in the Republic was Pompey, a man who had gained this power and renown by the most eminent services to the state and the most glorious achievements, and one of whose position I had been a supporter from my youth up, and in my prætorship and consulship an active promoter also, and seeing that this same statesman had assisted me, in his own person by the weight of his influence and the expression of his opinion, and, in conjunction with you, by his counsels and zeal, and that he regarded my enemy as his own supreme enemy in the state—I did not think that I need fear the reproach of inconsistency, if in some of my senatorial votes I somewhat changed my standpoint, and contributed my zeal to the promotion of the dignity of a most distinguished man, and one to whom I am under the highest obligations. In this sentiment I had necessarily to include Cæsar, as you see, for their policy and position were inseparably united. Here I was greatly influenced by two things—the old friendship which you know that I and my brother Quintus have had with Cæsar, and his own kindness and liberality, of which we have recently had clear and unmistakable evidence both by his letters and his personal attentions. I was also strongly affected by the Republic itself, which appeared to me to demand, especially considering Cæsar's brilliant successes, that there should be no quarrel maintained with these men, and indeed to forbid it in the strongest manner possible. Moreover, while entertaining these feelings, I was above all shaken by the pledge which Pompey had given for me to Cæsar, and my brother to Pompey. Besides, I was forced to take into consideration the state maxim so divinely expressed by our master Plato—"Such as are the chief men in a republic, such are ever wont to be the other citizens." I called to mind that in my consulship, from the very 1st of January, such a foundation was laid of encouragement for the senate, that no one ought to have been surprised that on the 5th of December there was so much spirit and such commanding influence in that house. I also remember that when I became a private citizen up to the consulship of Cæsar and Bibulus, when the opinions expressed by me had great weight in the senate, the feeling among all the loyalists was invariable. Afterwards, while you were holding the province of hither Spain with imperium and the Republic had no genuine consuls, but mere hucksters of provinces, mere slaves and agents of sedition, an accident threw my head as an apple of discord into the midst of contending factions and civil broils. And in that hour of danger, though a unanimity was displayed on the part of the senate that was surprising, on the part of all Italy surpassing belief, and of all the loyalists unparalleled, in standing forth in my defence, I will not say what happened—for the blame attaches to many, and is of various shades of turpitude—I will only say briefly that it was not the rank and file, but the leaders, that played me false. And in this matter, though some blame does attach to those who failed to defend me, no less attaches to those who abandoned me: and if those who were frightened deserve reproach, if there are such, still more are those to be blamed who pretended to be frightened. At any rate, my policy is justly to be praised for refusing to allow my fellow citizens (preserved by me and ardently desiring to preserve me) to be exposed while bereft of leaders to armed slaves, and for preferring that it should be made manifest how much force there might be in the unanimity of the loyalists, if they had been permitted to champion my cause before I had fallen, when after that fall they had proved strong enough to raise me up again. And the real feelings of these men you not only had the penetration to see, when bringing forward my case, but the power to encourage and keep alive. In promoting which measure—I will not merely not deny, but shall always remember also and gladly proclaim it—you found certain men of the highest rank more courageous in securing my restoration than they had been in preserving me from my fall: and, if they had chosen to maintain that frame of mind, they would have recovered their own commanding position along with my salvation. For when the spirit of the loyalists had been renewed by your consulship, and they had been roused from their dismay by the extreme firmness and rectitude of your official conduct; when, above all, Pompey's support had been secured; and when Cæsar, too, with all the prestige of his brilliant achievements, after being honoured with unique and unprecedented marks of distinction and compliments by the senate, was now supporting the dignity of the house, there could have been no opportunity for a disloyal citizen of outraging the Republic.

636The 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 passed, but Domitius Ahenobarbus 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 assisting, 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 Ahenobarbus would be pleasing to Cæsar. 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.
637There is considerable uncertainty as to the exact nature of iudicium tacitum, here rendered "a trial with closed doors," on the analogy 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 passage in Plutarch (Cato min. 44) introduces a new difficulty, for it indicates a court in which candidates after election are to purge themselves. Again, quæ erant omnibus sortita is very difficult. Cicero nowhere else, I believe, uses the passive sortitus. But, passing 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 album iudicum 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 album to form the iudicium tacitum, which would give no public verdict, but on whose report they could afterwards act.
638M. Æmilius 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 consulship. 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.
639He means that Atticus—as a lender of money—would be glad of anything that kept the rate of interest up (see p. ). He is, of course, joking.
640Antius is not known. Favonius was a close imitator of Cato's Stoicism. He was now opposing both Pompey and Cæsar 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.
641Drusus was probably Livius Drusus, the father of Livia, wife of Augustus; he was accused by Lucretius of prævaricatio, "collusion."
642This time for ambitus.
643The de Oratore.
644C. Memmius, a tribune of this year, not the same as the C. Memmius Gemellus of the last letter.
645Referring 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.
646Cæsar 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.
647That 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 consulship and the quitting Rome paludatus, the lex curiata had generally been considered necessary (Cæs. B. C. i. 6). After b.c. 52 the lex Pompeia enacted a five years' interval, when, of course, a law would be necessary.
648θετικώτερον. From θέσις, a philosophical proposition or thesis. In Paradox. præf. he uses θετικά of subjects suited to such theses.
649Pompey was outside the pomœrium (ad Romam) as having imperium.
650Two gladiators, one incomparably superior to the other.
651A proverbial expression, cp. "snapped my nose off."
652C. Pomptinus, prætor in b.c. 63 (when he had supported Cicero), was afterwards employed against the Allobroges as proprætor 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 prætor Serv. Sulpicius Galba, who got a vote passed by the comitia before daybreak, which was unconstitutional (Dio, 39, 65).
653P. Servilius Vatia Isauricus (consul b.c. 48) was an admirer of Cato. See p. .
654Ἄρη πνέων.
655Cicero gives him this title, by which he had been greeted by his soldiers after some victory over the predatory tribes in Cilicia. This letter is Cicero's most elaborate apology for his change of policy in favour of the triumvirs.
656Cicero has been variously supposed to refer to C. Cato (who proposed the recall of Lentulus), to Appius the consul, and finally to Pompey. The last seems on the whole most likely, though the explanation is not without difficulties. In that case the "disclosure" will refer to Pompey's intrigues as to the restoration of Ptolemy Auletes, of which he wished to have the management.
657I.e., to keep in with the Optimates, who were at this time suspicious of, and hostile to Pompey.
658At the trial of Sestius.
659b.c. 59, when Vatinius proposed the law for Cæsar's five years' rule in Gaul.
660b.c. 56.
661Pompey is only speaking metaphorically. Quintus had guaranteed Cicero's support. Pompey half-jestingly speaks as though he had gone bail for him for a sum of money.