A 656738 Ag : F FROM THE LIBRARY OF PROFESSOR HENRY S. FRIEZE. H Presented to the University of Michigan by Mrs. Frieze and her daughters, July, 1890. ¦ oo oo design o rider broj s 777 сче Abo. Gimber fo CICERO NY Harper & Brothers, 1837. SELECT ORATIONS OF CICERO: WITH AN ENGLISH COMMENTARY, AND کونے کو ہے اور HISTORICAL, GEOGRAPHICAL, AND LEGAL INDEXES. BY CHARLES ANTHON, LL. D. JAY-PROFESSOR OF ANCIENT LITERATURE IN COLUMBIA COLLEGE, AND RECTOR OF THE GRAMMAR-SCHOOL. N'E W-YORK: HARPER & BROTHERS, 82 CLIFF-STREET. SOLD BY COLLINS, KEESE, & CO., AND N. & J. WHITE.-PHILADELPHIA: GRIGG & ELLIOT, AND DESILVER, THOMAS, & CO. BOSTON SAMUEL COLEMAN. 1837. Entered according to act of Congress, in the year 1836, by HARPER & BROTHERS, 'n the Clerk's Office of the District Court of the Southern District of New York. STEREOTYPED BY REDFIELD & LINDSAY, No. 13 Chambers-street, New-York, Ирак, од час, て ​ΤΟ HIS FRIEND, J. N. REYNOLDS, ESQ. AS A TESTIMONIAL OF REGARD FOR TALENT, INTEGRITY, AND DECISION OF CHARACTER, THIS WORK IS SINCERELY INSCRIBED, BY THE EDITOR. j PREFACE. THE present edition of Cicero contains the four orations against Catiline, together with those for Ar- chias, Marcellus, the Manilian Law, and Murena. In making this selection, the editor has been guided by the statutes of Columbia College, which require all the orations that have just been enumerated, with the exception of the last two, to be read by candidates for admission into the Freshman Class. As the stat- utes of other colleges differ, in this respect, but little from our own, and as the orations against Catiline are almost universally read, it is hoped that the work here presented to the public will prove a useful auxiliary to the youth of our country in general. The orations for the Manilian Law and for Murena have been added as favourable specimens of Cicero's more elaborate A* T vi PREFACE. .✰ style of eloquence, especially the latter; and they may, it is conceived, be read with advantage at the beginning of an under-graduate course. In forming the text of the present work, the editor has taken Ernesti's for his basis, but without any slavish adherence to the opinions and decisions of that distinguished commentator. Wherever a reading presented itself, calculated in the editor's opinion to throw more light on the meaning of Cicero than the received lection could impart, he has not hesitated. to adopt it; and he flatters himself that the result of his labours, in this department, will prove accept- able to all who are qualified to pass an opinion upon his efforts. The commentary, it will be perceived, is far from being a scanty one. If there be any author that stands in need of full and copious illustration, it un- doubtedly is Cicero in the orations which have come down to us. The train of thought must be continu- ally laid open to the young scholar, to enable him to appreciate, in their full force and beauty, these brilliant memorials of other days; and the allusions, in which the orator is so fond of indulging, must be vii carefully and fully explained. Unless this be done, the speeches of Cicero become a dead letter, and time is only wasted in their perusal. PREFACE. The editor is induced to make these remarks, from the conviction, that the system of commenting, which he has pursued throughout the present work, will, as in the case of his previous efforts, be condemned by some on the ground of its affording too much aid to the learner. The truth is, however, the editor had no alternative left him. If there be any one cause, which has tended more powerfully than the rest to bring classical studies into disrepute among us, it is the utter incompetency of many of those who profess to be classical instructers. It is very natural that such preceptors should be strongly averse to bestowing too much assistance upon their pupils ; and perhaps it is lucky for the latter that such a state of things should exist; but certainly, for the credit of our common country, it is high time that some change should be effected, and that if the learner cannot obtain from oral instruction the inform- ation which ought to be afforded him, he may procure it at least from the notes of his text-book. We may be very sure of one thing, that the style of classical viii PREFACE. instruction which prevails at the present day in so many of our colleges and seminaries of learning, of translating merely the language of an ancient author, without any attempts whatever at illustration or anal- ysis, will never produce any fruits either of sound learning or intellectual improvement. New York, October 17th, 1836. C. A. LIFE OF CICERO. LIFE AND WRITINGS OF CICERO. DR. BARTON.-HENRY ARLINGTON. H. Good morning, my dear Doctor, I have waited upon you, at this early hour, to display a purchase which I recently made, and to ask your opinion respecting it. I have here the entire works of Cicero, in one stout octavo, by a German scholar of the name of Nobbe. Dr. B. I have seen the edition, Henry, and am disposed to think very favourably of it, both as regards the text itself, and the typographical ex- ecution of the volume. I examined it at Parker's, yesterday, in company with Ashton, of Brasen-Nose.-But do tell me, how stands your acquaint- ance with the life and writings of " the man of Arpinum?" H. I am not as inuch at home there, Doctor, as I ought to be. With the general outlines of his character and labours, I am as well acquainted, probably, as most young men of my age are; but still there are many points about which I would like to consult you, when you are perfectly at leisure for the task. Indeed, Doctor, to be candid, I wish you would favour me with a conversation about Cicero, similar to the one in which Sallust was our theme. Dr. B. With all my heart, Henry, for I happen to be quite at leisure just now, as the delegates of the press will not meet to-day, owing to the indisposition of the Cambden Professor of History, Dr. Cardwell. H. I regret the cause, my dear Doctor, and yet cannot but deem my- self extremely fortunate in finding you thus disengaged. With your permission, I will occupy this comfortable, old-fashioned arm-chair, and will place my Cicero on the table between us as a sort of connecting tie. Dr. B. There is no need, my dear boy, of any such tie in the present case, as a far more powerful one already exists. Besides, I know not how it is, but whoever occupies that plain old seat where you are now reclining, seems endeared to me by what Gaisford would call the " "genius sedilis," for it was there that my old friend Copleston of Oriel used to sit, and discourse of "high philosophy," before he was transferred to that more elevated sphere of action, which he honours by his talents, and xi xii LIFE AND WRITINGS OF CICERO. adorns by his numerous virtues. God grant, my dear Henry, that your own career may be as distinguished and successful a one. H. If patient industry, and a conscientious discharge of duty, can gain for me an honourable name, I trust I shall never disappoint your expect- ations, my own and my father's friend, although I can never hope to attain to that lofty superiority, which has been reached by the eminent individual whose name you have just mentioned.-Let us proceed, now, my dear Doctor, to Cicero. Dr. B. Marcus Tullius Cicero was born in the 103d year before the Christian era, at Arpinum, a Latin city, the inhabitants of which enjoyed the rights of Roman citizenship, and the privilege, consequently, of voting at the comitia. The birth-year of Cicero was also that of Pompey, who was a few months his junior;1 while Arpinum, the orator's natal place, was likewise famous for having produced the celebrated Marius, the well-known opponent of Sylla, and the deliverer at the same time and scourge of his country. H. Was it not Pompey who made some allusion to this circumstance, Doctor, of Arpinum's having produced both a Cicero and a Marius. Dr. B. It was. He took occasion once to remark, in a public speech, that Rome was under the strongest obligations to this municipium, be cause two citizens had come forth from it, who had each in his turn pre- served Italy from ruin.2 And Valerius Maximus makes a similar remark. H. I remember his words: " Conspicuuc felicitatis Arpinum unicum, sive literarum gloriosissimum contemtorem, sive abundantissimum fontem intueri velis."3 شیمی Dr. B. Yes, that used to be a favourite quotation with Russell, of Magdalen. The contemtor literarum is Marius, the fons abundantissi- mus, Ciccro.-Our orator was of a family, which, though it had never borne any of the great offices of the republic, was yet very ancient and honourable; of principal distinction and nobility in that part of Italy in which it resided, and of equestrian rank from its first admission to the freedom of Rome. It appears, that the father of Cicero, having his ambition probably excited, by the successful career of his fellow-towns- man Marius, was the first who thought of obtaining some degree of lustre for his family, by bestowing a careful education on his two sons Marcus and Quintus, and one which might enable them to enjoy the highest offices in the gift of the Roman people. 1. Cicero was born on the third of January, (Ep. ad Att. 7, 5,) and Pompey on the last of September following. Pigh. Ann. Plin. 37, 2. 2. Cic. de Leg. 2. 3.. 3. Val. Max. 2, 2, 4. 4. "Haec est mea, et hujus fratris mei germana patria: hinc enim orti stirpe antiquissima sumus: hic sacra, hic genus, hic majorum multa vestigia." Cic. do Leg. 2, 2, 3. LIFE AND WRITINGS OF CICERO. Xill H. But how could they procure this education at Arpinum? 1 Dr. B. They obtained it at Rome, in the dwelling of Caius Aculeo, their maternal uncle, and an eminent lawyer of the day; and their cous- ins, the young Aculeos, were educated with them, according to a method approved of by Crassus, the celebrated orator, and by the very instructers whom he himself had employed. The language and literature of Greece formed, of course, a prominent part of their early studies, and in this they were carefully instructed by the poet Archias, who came to reside at Rome when Cicero was only five years of age, and to whose fostering care the latter beautifully alludes in the memorable oration where he defends the poet's citizenship. H. Do you not think, Doctor, that he rates somewhat too highly the merits of this Archias? Dodgson, of Christ-Church, one of Dean Ire- land's scholars, insists that the poet was only an individual of second- rate abilities. * >>> Dr. B. Why, I am inclined to think so myself. But vanity, you know, was the great failing in Cicero's character, and Archias most probably, in the true spirit of his country and his age, had ministered so abundantly to the personal feelings of the Roman orator, as to entitle him in the eyes of the latter to a more than ordinary return of the language of praise. Be this, however, as it may, we cannot but admire the kind feeling so strongly displayed in his spirited eulogium upon the character and abilities of his early preceptor. But let us proceed. Cicero is said to have attracted, at an early period, the attention of the two greatest orators of their day, Licinius Crassus and Marcus Antonius, who did not disdain to interest themselves in behalf of a youth so conspicuous for zeal and the early development of talent. He had already given a proof of this ability by his poem of Pontius Glaucus, which he is said to have composed while still almost a boy, and which existed as late as the time of Plutarch.s J But, Doctor, you surely would not consider Cicero's poetry a very safe standard by which to estimate his intellectual excelle P unce. Dr. B. I am well aware, my young friend, of the difference of opinion which exists in relation to the poetry of Cices, and that it is very much the fashion with modern scholars to deny him any merit in this species of writing. He has been ridiculed on account of an unlucky line, that occprek'a a poem which he composed on the subject of his consulship; and I have no doubt you can quote it for me. H. "fortunatam natam me consule Romam." Dr. B. Right. You remember probably the sarcasm of Juvenal,s that, 1. " Cumque nos cum consobrinis nostris, Aculeonis filiis, et ea disceremus, quae Crasso placerent, et ab iis doctoribus, quibus ille uteretur, erudiremur." De Orat. 21, 2. Plut. Vit. Cic. 2. 3. Sat. 10, 123, seq. B xiv LIFE AND WRITINGS OF CICERO. if he had uttered every thing in this way, he would have been safe from the swords of Antony's followers; and also Quintilian's language, who censures the line as an example of defective versification; still, I can- not, I confess, see the justice of condemning a writer for a single line of poetry, and it appears to me, that, if our modern bards were tried by this ordeal, a large number, who have obtained very comfortable quarters on Parnassus, would be compelled to descend to the plain. Voltaire, in the preface to his Catilina, places Cicero by the side of the best poets of his time, and thinks he may even dispute the palm with Lucretius himself.2 H. Allow me to ask, Doctor Barton, whether you would consider Voltaire as a very strong authority in the present case? Dr. B. I know what you mean by your question, Henry. The work3 which my friend Dr. Wynter, of St. John's College, recommended you to read, has given you a very low opinion of Voltaire's general accuracy, and I confess, that, in matters of real scholarship, his authority is of no weight whatever. As a poet, however, he may be allowed to give us his opinion respecting a brother poet, and may be considered a much safer guide in matters of taste than where learning and research are demanded. H. Perhaps, Doctor, some light may be thrown upon this subject by the estimation in which Cicero's poetry was held among his contem- poraries. 4 Dr. B. Strange as it may appear to you, Cicero's contemporaries all thought that his poem entitled Marius, an extract from which appears in the treatise on Divination, and on which by-the-bye Voltaire's opinion is founded, was a production that had the fairest chance of descending to posterity. Indeed, the alliance between oratory and the poetic art is so strict, that it is difficult to excel in one, without having at the same time some disposition for the other. Both demand, in fact, the very same qualities, an ardent imagination, a fertile invention, and grandeur and elevation of style. Thus, for example, the genius of Demosthenes was essentially tragic, and he appears as much of a poet as an orator, in some of those strains of continued eloquence, which no human effort has yet surpassed, and which have covered his name with one undying blaze of glory. We must bear in mind, too, that, in Cicero's days, the ancient rusticity of the Latin muse was only beginning to assume a more polished exterior, and to familiarize itself insensibly with harmony- of numbers and M 1. Inst. Or. 9, 4, 41. 2. "Ce que peu de personnes savent, c'est que Cicéron était encore un des premiers poètes d'un siècle où la belle poèsie commençait ànaître. Il balançait la reputation de Lucrèce. Y-a-t-il rien de plus beau que ces vers qui nous sont restès de son poème sur Marius, et qui font tant regretter la perte de cet ouvrage ?" 3. Lettres de quelques Juifs, à M. de Voltaire. 3 tom. 12 mo. 4. Cic. de Div. 1, 47. LIFE AND WRITINGS OF CICERO. XV the other embellishments of art. The perfection, however, to which poetry was carried after the death of Cicero, having absolutely excluded. all mediocrity, it need not surprise us that he retained so little reputation in a species of writing which he found in so uncultivated and almost bar- barous a state. Our judgments of things are formed in this world solely by comparison. Cicero passes with many for a bad poet, because he does not enjoy the same rank as Virgil and Horace, Tibullus and Ovid, and this manner of judging him seems to have originated at the court of Au- gustus, where, to throw ridicule on the character of a patriot like Cicero, was sure to be received with favour by him who sat upon the throne. H. I find a good deal of truth in your remarks, my dear Doctor, and will give the subject, one day, my attentive consideration; meanwhile allow me to ask what portions we have remaining of Cicero's poetry. Dr. B. But few. There are fragments of his translation, into Latin hexameters, of the Phaenomena of Aratus; the extract already mentioned from his poem entitled Marius, and another from that on the subject of his consulship, together with a few scattered lines from other perform- ances.¹—But I am afraid I have indulged too much in the garrulity of age on this particular topic, let us return to the more immediate history of the Roman orator. It was the custom, in those days, for young persons of good families, after they had assumed the manly gown, to attach them- selves to some distinguished member of the senate, whom they accom- panied to all places of public resort, the forum in particular, and from whose example they learned to occupy themselves with the affairs of the republic or those of private individuals. The senator, to whom Cicero had been recommended, was the celebrated lawyer, Quintus Mutius Scaevola, surnamed the Augur, by way of distinction from one of his relatives who was Pontifex Maximus. How much he profited by the society and the wisdom of this excellent man, is acknowledged by him in grateful terms, in the beginning of the dialogue on the subject of friendship. H. Did the study of jurisprudence form at this time his sole employ- ment ? Dr. B. It did not. The great object which he had in view rendered it absolutely necessary for him to obtain a perfect acquaintance with the various writers that adorned the literature of Greece; and this course of reading formed, during the whole of his life, his favourite relaxation after the labours of the senate and the bar, and his chief consolation amid the political convulsions of the republic. Among the Greeks, who, at this period, gave instruction at Rome in their national literature, besides his old preceptor Archias, was Phaedrus the Epicurean, and he was in par- 1. Cic. Op. ed. Ernesti, vol. 7, p. 1120, segg. 2. Brut. c. 89. xvi LIFE AND WRITINGS OF CICERO. ticular the first Greek philosopher, whose lectures were attended by the youthful Cicero. H. I have heard it said also, Doctor, that Cicero in early life performed military service. Is the statement a correct one? Dr. B. It is. Two careers, at this period, presented themselves to those of the Roman youth who were possessed neither of fortune nor family influence; the path of arms and that of eloquence. Oratorical talents were sure of finding at Rome a thousand opportunities of display. ing themselves, either in the defence of friends, or in the accusation of powerful offenders; and they conducted their possessor to honours and public favour as promptly and as effectually as the career of military exploits. Such, however, was the peculiar constitution of the republic, that the ablest general was compelled to cultivate, in some degree, the art of public speaking; and, on the other hand, the most eloquent orator could not remain a stranger to the art of war. Every young man, des- tined for the movements of the bar, had to commence by making some campaigns abroad, and Cicero made his in the war of the allies, under Cneius Pompeius Strabo, father of the well-known Pompey, and under Sylla, the celebrated competitor of Marius. At the conclusion of this period, the republic was endangered without, by the contest with Mithri- dates, and within by civil strife. Five years of trouble thus ensued, during which Cicero, whose youth entitled him to the privilege of reinain- ing neutral between the two factions, devoted all his time to rhetoric and philosophy. H. Under what instructers, Doctor? Dr. B. He had now for his preceptors many learned Greeks, whom the war with Mithridates had compelled to abandon their country. The chief of these was Philo,¹ of Larissa, who had been at the head of the Academy at Athens, and who was now a very successful teacher of phi- losophy in the Roman capital. The ardour with which Cicero embraced the Academic tenets is easily explained by the utility which he was likely to derive from them in the discussions of the forum. Philo however was not his only master. The Stoic Diodotus2 taught him how to wield the arms of dialectic science, and under this rhetorician, who lived and died beneath his roof, Cicero daily excrcised himself in extemporaneous decla- mation. These exercises were in the Greek language, Diodotus probably being not well acquainted with the Latin; but still they were no doubt of the greatest advantage to Cicero, in enabling him to enrich his native idiom with the treasures of the Hellenic tongue. H. I thank you, Doctor Barton, for thus dwelling upon the earlier studies of Cicero. The narrative may serve to animate the youthful 1. Cic. de Or. 3, 28.—Brut. 89.--Ep. ad Fam. 13, 1.—Tusc. Disp. 2 3. 2. Brut. 90.—Eņ. ad Fam. 13, 16.—Ev. ad Att. 2, 20.— Acad. 4. 36. LIFE AND WRITINGS OF CICERO. xvii aspirants of our own day. How forcibly are we struck by the contrast, when we compare the preparatory toil of a Demosthenes and a Cicero with that of the orators of our own times. Theirs was the heroic age of eloquence, an age destined never to return. The ancient candidate for the prize of oratory devoted his whole faculties to a mastery over the instruments of persuasion. He neglected none of the means of success, however slight or insignificant in appearance. He explored every avenue of the mind, and took possession of all the inlets of delight through the medium of the senses. If he figured as a statesman, the study of elo- quence included the whole mental discipline. If he appeared as an advo- cate, and won the cause, it was to the arts of persuasion he owed the victory.1 Dr. B. True, Henry, but then how different is the training of the modern, whether he appear in the senate or the forum. His path is crowded and encumbered with the materials of almost unlimited extent and variety, which the labours of centuries have accumulated, and which he is required to shape to the ends of judicious speech. He is thrown on a scene of business, and into affairs of complexity, from the moment of his entrance on a public career. He has to combine and arrange a vast number of details, inconsistent with all unity of application. He cannot pursue eloquence as a separate branch of intellectual discipline, and of preparation for the conflicts of life. The ancients, having in their polit- ical assemblies no balancing of interests, no complicated adjustments, no compromises of policy, no schemes of concession, gave themselves up to a single point of discussion. They were never diverted from a certain unity of intellectual view by the distractions and divisions which pervade our mixed assemblies. Theirs was a singleness of purpose effected by simplicity of means. What weapons of signal power and proof did not these circumstances lend to the eloquence of antiquity.2 H. I perceive the force of your remarks, my dear Doctor, and that the labours and efforts of modern oratory ought to have been rated more highly by me. But let us proceed with Cicero. Dr. B. The first oration which Cicero pronounced, at least of those extant, was delivered in the presence of four judges appointed by the praetor, and with the celebrated Hortensius for his opponent. It was in the case of Quintius, and the orator was at that time but 26 years of age. The first public or criminal trial on which he spoke, was that of Roscins of Ameria, the succeeding year, when he appeared on the defence, and displayed great courage in attacking, during his speech, a certain Chry- sogonus, a favourite slave, to whom Sylla, then in the height of his power, 1- Southern Review, No. 10, page 325. 2. Maid. B* xviii LIFE AND WRITINGS OF CICERO. had given freedom, and whom he had permitted to buy the property of the father of Roscius as a forfeiture. H. This was certainly bold conduct in so young an advocate. Dr. B. It was indeed. From dread of the power of Sylla, the accused had difficulty in prevailing on any patron to undertake his cause, but Cicero eagerly embraced this opportunity to give a public testimonial of his detestation of oppression and tyranny. The oration, however, was too much in the florid Asiatic manner, which the example of Hortensius had rendered fashionable in the forum. The spirit displayed by Cicero in conducting this defence met with general applause, and was remembered by himself in his old age with a feeling of such delight, that he recom- mends to his son, as the surest path to true honour, to defend those who are unjustly oppressed, as he himself had done in many causes, but but par- ticularly in that of Roscius of Ameria, whom he had protected against Sylla in the height of his authority. 1 H. And did no evil consequences result to the orator from this cour- ageous defence? Dr. B. None whatever. It must be confessed, indeed, that Cicero quitted Rome soon after this, partly it is said on account of his health, which had suffered by his close application to study, and partly for im- provement. Perhaps he deemed it but common prudence to withdraw for a season from the immediate presence of the all-powerful Sylla. He travelled into Greece and Asia Minor, where he spent two years in the assiduous study of philosophy, under the ablest instructers in either country, and where he also acquired, under Grecian masters, the art of commanding his voice, and giving it greater compass and variety than it had hitherto attained.2-The first cause which he plead after his return to Rome, was that of Roscius, the celebrated tragedian, which involved a mere matter of civil right, and was of no peculiar interest or importance. All the orations which he delivered during the five following years are kost, of which number were those for Marcus Tullius and Lucius Varenus, which Priscian mentions as being extant in his time. H. I perceive, too, that even the speech for Roscius, the actor, is not complete, since the ill-omened words, "Desiderantur non pauca," are appended to it. Dr. B. They are indeed words of evil import, but we shall have pre- sently to speak of losses far more serious and deplorable. Let us go on meanwhile with the biography of our orator.-Cicero had attained the quaestorship at the age of thirty, an office forming the first step in the ascent to consular honours. His election was most honourable to him, as he was chosen by the unanimous suffrages of the tribes, and stood first 1. Dunlop. Rom. Lit. vol. 2, p. 279, Lond. ed. 2. Brutus, 91.-Dunlop. ubi supra. LIFE AND WRITINGS OF CICERO. xix ነ on the list of competitors.¹ The provinces of the quaestors being always distributed by lot, the island of Sicily fell to the share of Cicero,2 where he displayed so much prudence and sagacity, so much activity in the discharge of his official duties, and, what was most rare in those times, so much integrity and disinterestedness, as to excite the admiration of all the Sicilians. H. Was it not during his government in this island that he discovered the tomb of the mathematician Archimedes? Dr. B. It was, Henry. Before he left Sicily, at the close of his quaes- torship, he made the tour of the island, to see whatever it contained that was worthy the attention of a liberal and cultivated mind. On reaching Syracuse, his first request was, to be shown the tomb of Archimedes ; but neither magistrates nor people could indicate its position, and Cicero himself was the first to discover it, by the sphere and cylinder engraved on the marble, and by a half defaced inscription.3-You sigh, Henry. H. I am thinking, Doctor, of the proud boast of him, who engaged to move the universe, if a foothold were afforded him, and of the neglected tomb where that same individual, after little more than a century, was slumbering forgotten in his narrow resting-place. Dr. B. True, but his name has never died, and it was this very immor- tality that led the Roman quaestor to his neglected grave.-At the age of thirty-seven, Cicero obtained the office of aedile. Before entering on the functions of this magistracy, a glorious opportunity was afforded for the display of his cloquence, in the prosecution against Verres, the prae- tor of Sicily, accused by the inhabitants of that island of many flagrant acts of injustice, rapine and cruelty, while he exercised among them the functions of the praetorship. Applications for redress, however, in cases of this kind, rarely brought any relief to the oppressed nations bowed down beneath the tyranny of Rome. The decision in such cases depended upon judges generally implicated themselves in similar enormities, and better calculated therefore to afford impunity to the guilty, than relief to the aggrieved. This undue influence received additional weight in the case of Verres from the high rank and connexions of the culprit. Unap- palled, however, by these difficulties, Cicero entered boldly on the man- agement of the prosecution. He had been solicited to undertake the case by a petition from all the towns of Sicily, except Syracuse and Messina, both of which had been occasionally allowed by the plunderer to share the spoils of the province. The issue was completely successful, and after the opening speech of Cicero, and the depositions of the witnesses, 1. "Me cum quaestorem in primis-cunctis suffragiis populus Romanus facie- bat." Or. in Pis. 1.-Compare Brut. 92. 2. “Me quaestorem Siciliensis excepit annus.” Brut. 92. 3. Tusc. Quaest. 5, 3. XX LIFE AND WRITINGS OF CICERO. Verres, driven to despair, submitted, without awaiting his sentence, to a voluntary exile. H. But what is this oration against Caecilius, which, I find here, on opening my Cicero, has been placed at the head of the orations against Verres, and why is it called "Divinutio ?" Dr. B. There was one Caecilius, a mere creature of Verres, who had been his quaestor in Sicily, and who pretended to have received certain personal injuries from him, and to have a very intimate knowledge of all his crimes. He claimed, on these grounds, to be appointed accuser, in preference to Cicero, intending of course to manage the prosecution in such a way that Verres might easily escape. H. An ingenious contrivance certainly. Dr. B. Yes; but it emanated from Hortensius, who was counsel for the accused. The rival claims, therefore, of Caecilius and Cicero had first to be decided, and this mode of deciding was technically termed "Divinatio," because, as there were no facts in the case, the judges, without the aid of witnesses, divined as it were what was proper to be done.1 H. But, Doctor, did you mean to be understood as saying, that only one of the orations against Verres was ever pronounced? Dr. B. I did. Of the six speeches against this individual, only one was actually delivered. The remaining five, which he intended to pro- nounce after the proof was completed, were subsequently published in the same shape, as if Verres had actually stood his trial and made a regular defence. Of these, the most interesting is that "De signis," where an account is given of the statues and paintings and works of art which Verres plundered; while the finest is undoubtedly that " De suppliciis,” which is full of striking passages and the most vehement pathos.2 H. These orations, however, Doctor, must sound very oddly in some parts to a modern ear. Dr. B. They do indeed, Henry, I can assure you. Thus, in the begin- ning of the second oration, Cicero speaks of a report having been spread, that Verres was to abandon his defence, but that there he sat braving his accusers and judges with his characteristic impudence. The effect of this is very amusing, when we recollect that Verres had absconded before one word of all this could be pronounced.3 H. Still, Doctor, it is very comfortable, for us ordinary mortals, to know that so much of the brilliant eloquence of Cicero was carefully elaborated and wrought out in private, before the occasion arrived for its being flashed forth upon a dazzled auditory. The more I am allowed to look 1. Ascon. in Or. contra Caecil. 2. Dunlop. Rom. Lit. vol. 2, p. 283, seqq. 3. Id. ibid. 5 LIFE AND WRITINGS OF CICERO. xxi behind the curtain, and to survey from a nearer point of view the work- shops of great minds, the more I am inclined to think that "Sublimity," or, as we ought more correctly to render it, "Elevation of style," is in reality a very mechanical kind of operation. Dr. B. Yes; my old friend Parr thought that Sublimis came from super limum,¹ but I rather think sub lima the more rational etymology, and that the finest passages in the literature of every nation, are precisely those which have been most carefully subjected to the private application of the file.-But to return. At the expiration of the two years which were required by law to intervene between the aedileship and the office of praetor, Cicero was elected to this latter station. It was while in- vested with this magistracy, that he advocated with all his eloquence, against the views of the senate, to whom he was sincerely attached, and against the true interests of the republic, his cherished idol, the famous bill of the tribune Manilius, which granted to Pompey, for enabling him to terminate the Mithridatic war, a power that seemed incompatible with public freedom. H. I have never liked the character of Pompey, and it would delight me, Doctor, if your sentiments respecting him were to prove in accord- ance with my own. Do tell me what you think of the man. Dr. B. Sallust paints his character in a very few words: " Oris probi, animo inverecundo," meaning to imply, that his probity was more upon his tongue than in his heart. Pompey, in fact, respected virtue suffi- ciently, not to offer it any open outrage or insult, but he never loved it enough to sacrifice to it in secret. Hence arose that profound dissimu- lation, in which he always enveloped himself, and that system, so well supported by him, of never wishing apparently to become possessed of any object, except by his own merit, while in reality he was grasping at and bearing off every thing by dint of private intrigue. If he was inferior, however, to Caesar in military talents, he was always superior to him in the comparative purity of his morals, and in the moderation of his senti- Caesar wished to be the master of the world, Pompey only the first citizen of the republic. He was constant in his friendships, a mod- erate enemy, and peaceable citizen, as long as he had no rival to fear. Intrepid in conflict, he was always generous after victory, and hence he gave to Mithridates a splendid funeral, and burnt all the correspondence between Sertorius and the chief men of Rome.-To return to the point from which your question called me off, Cicero, at the period alluded to, was midway in his career of public honours; the consulship was before him, and the hope of attaining to this darling prize of his ambition, through the influence of Pompey, must have exercised some degree of control ments. 1. Parriana, by E. H. Barker, vol. 2, p. 475, seqq. 2. Or. pro Leg. Manil. 1. xxii LIFE AND WRITINGS OF CICERO. over the movements of the orator. At all events, the Romans of that day gave him little credit for sincerity in his extravagant eulogiums upon that favourite commander. H. To what foreign province, Doctor, was Cicero sent on the expira- tion of his praetorship? Dr. B. He would not accept of any government, but remained at Rome, where he strove more and more in every way to conciliate the favour of the people. He was now preparing to sue for the consulship, the great object of all his hopes, and his whole attention was employed how to obtain it in his proper year, and without a repulse. There were two years necessarily to intervene between the praetorship and consul- ship; the first of which was usually spent in forming a general interest, and soliciting as it were in a private manner; the second in suing for it openly, in the proper form and habit of a candidate. The efforts of Cicero were crowned with success, and he was chosen consul with almost the same honours as in his antecedent elections to magistracy. His principal opponent was Catiline. H. And his colleague in office, Antonius. Was it not so? Dr. B. Yes; the same Antonius, who was in secret league with the party of Catiline, and had to be bought off by Cicero with the opulent province of Macedonia.2 H. I will not occupy your time, Doctor, by any questions relative to the conspiracy of Catiline; of that daring movement I have obtained an accurate idea from the pages of Sallust. I will merely request of you to give me a brief sketch of the subsequent life of Cicero and then pass to an examination of his writings. Dr. B. I think this will be our more advisable course, Henry, as time would fail us were we to endeavour to do full justice to both; and, besides, allusion will occasionally be made to the history of his later years in our remarks on his literary efforts.-The extraordinary but well-merited hon- ours conferred upon Cicero for crushing this formidable conspiracy, could not fail to excite against him the opposition of the envious, as well as the jealousy of the more ambitious portion of his fellow-citizens. They took care not to reproach him at first with any act of injustice in his public career, but merely expressed themselves fatigued, and indeed completely worn out, by his continual eulogiums upon his own patriotic efforts. In the forum, at the meetings of the senate, before the tribunals of justice, nay even in the private circles which he frequented, the names of Catiline and Lentulus were constantly on his lips. He introduced his own praises into his writings. Almost every treatise of his, composed after this event, contains some allusion to his public services. Even his speeches lost in 1. Or. pro Muren. 20. 2. Sallust. B. C. 26. LIFE AND WRITINGS OF CICERO. xxiii this way, through the excessive vanity of the man, a large portion of that pleasing and persuasive influence by which they once were characterized. It was like a kind of fatality. H. When did he first experience the evil effects of this line of conduct ? Not surely during his consulship? Dr. B. When he was about to retire from it. On such occasions, it was usual for the magistrate, who was laying down his office, to make a speech to the assembled people, detailing the various public services which he had rendered during its continuance, and showing that his dis- charge of the duties of his magistracy had been a faithful and conscien- tious one. The tribune Metellus interrupted Cicero, when on the point of making such an harangue, and commanded him to be silent. The only alternative left the orator, was to swear in a loud voice that he had saved the city from conflagration, and his fellow-citizens from the sword. In this oath the populace joined with one accord, and Cicero was conducted horne by them in triumph, amid the mortification of his enemies and the joy of his friends.1 H. A noble triumph, Doctor, and well worthy of the man whom Catu- lus had styled, in a full senate, the father of his country. Dr. B. Caesar, Pompey, and Crassus, who, three years after, formed the coalition known in history as the first triumvirate, secretly favoured the designs of Cicero's enemies, whose numbers the latter had increased by his unyielding and rigid discharge of duty, and to whom was now to be added the profligate Clodius, that bold and bad man, whose tribune- ship was fraught with ruin to the peace and welfare of the deliverer of his country. Ever since the period of his acquittal from the charge of sac- rilege, the malignant star of Clodius was in the ascendant, and that of Cicero began to wane. During the progress of the accusation a deadly animosity had grown up between them, and Clodius was not a man to neglect any favourable opportunity of revenge.2 H. Was not this man a descendant of the haughty race of the Claudii, who had ever shown so little regard for the liberties of the people? Dr. B. He was; but profligacy and ruin had compelled him to take refuge among the very class on whose rights his patrician forefathers had so repeatedly trampled, and the corrupt and impoverished noble, the head of the Claudian family, voluntarily degraded himself from his rank, and obtained adoption into a plebeian house. H. But what were his objects? Dr. B. They were two; to humble the aristocracy and take vengeance upon Cicero.3 Being elected to the tribuneship, this pestilent dema- 1. Or, in Pis. 3.—Ep. ad Fam. 5, 2 2. London Quarterly Review, No. 112, p. 354. 3. Ibid. xxiv LIFE AND WRITINGS OF CICERO. I gogue obtained the passage of a law, making it criminal in any one to have put to death a Roman citizen without a trial before the people, and in- flicting the penalty of exile. The blow was aimed at Cicero, who, how- ever, in ordering the punishment of Catiline's accomplices, had only obeyed the mandate of the senate, and the illustrious Roman was com- pelled to bend to the storm and go into voluntary banishment. Imme- diately after his departure a law was passed which exiled him to the distance of five hundred miles from Rome, and declared all his property to be confiscated. His villas, accordingly, were pillaged and burnt, his dwelling at Rome was demolished, and a temple to Freedom was erected on its site. H. But where was the aid which he expected, and ought to have received from Pompey ? Dr. B. As long as that profound dissembler believed that there was danger lest Cicero might throw himself into Caesar's hands, he gave him the strongest assurances, confirmed by oaths and the most solemn prot- estations, that there was no danger, and that he would rather lose his own life, than suffer any harm to approach the person of the orator. But growing cool and reserved, as the plot against Cicero drew towards a crisis, and pretending to believe that the latter had formed designs against his safety, he withdrew to his villa, and abandoned him to his fate.1 H. Why did not Cicero demand a personal interview, and upbraid him with his monstrous duplicity? Dr. B. He did obtain such an interview; but as for upbraiding the He threw himself at the But the answer he received himself compelled to act in wily hypocrite, he wanted firmness for that. feet of Pompey, and supplicated for aid. was perfectly in character: Pompey felt nothing against the wishes of Caesar.2 H. And where were his other friends? Dr. B. All zealous for his welfare, but, as might naturally be expected, divided in opinion as to the course which he ought to pursue. Lucullus advised him to remain, and defend himself by force. Cato and Horten- sius urged him to yield to the storm, and this advice, coinciding with the opinion of Atticus, and being supported by the fears and entreaties of his own family,³ made him resolve to leave the field to his enemies and go into voluntary exile. Withdrawing in the night season, escorted by a numerous train of friends, who, after a day's journey or two, left him with every demonstration of regret, he turned his course towards Sicily, intend- 1. Or. pro Dom. 11. 2. Ep. ad Att. 10, 4. Plutarch says, that Pompey slipped out of a back door, and would not see him, but it is certain from Cicero's account that he was admit- ted to an interview. 3. Plut. Vit. Cic. c. 31. LIFE AND WRITINGS OF CICERO. XXV ing to make it his place of refuge, and sure of finding in the bosoms of its inhabitants that grateful affection which had been denied him at home. But when he was come within sight of the island, the Roman praetor sent him word that he must not set foot within it, and what made the shock still more cruel was this, that the magistrate in question had been an old and familiar friend, was under important obligations to Cicero, and belonged to the same party in the state.¹ H. But why did the praetor take this step? Dr. B. Through fear of Clodius, whose enmity he had already experi- enced, and the weight of whose power he now dreaded to encounter. Retiring to Greece, Cicero now took refuge in Thessalonica, where the hand of friendship was extended to him by Plancius, then quaestor of Macedonia, and where the praetor Apuleius, though he dared not venture to grant him openly his protection, yet connived at the acts of his quaes- tor, and took a lively interest in his behalf.3 Two months had hardly elapsed before his friend the tribune Ninnius¹ made a motion in the senate for his recall. Pompey also, roused by the insults of Clodius, whose power was now on the decline, and anxious to retrieve his own credit and ingratiate himself with the senate and people, began to exert himself in his behalf. After a long and stormy interval, after every effort had been made by Clodius and his factious adherents, the cause of justice triumphed, and Cicero was recalled from exile by the unanimous suffrages of the centuries, and to the great joy of a vast majority of his coun- trymen.5 H. I have heard it said, Doctor Barton, that Cicero's conduct while in exile, was not such as one would consider either manly or spirited. Dr. B. It was worse. It was actually pusillanimous. He deplored his fall in the most desponding and lamentable terms. He complained of false friends, of an ungrateful country, of the utter ruin of all his worldly prospects. His friends were forced to admonish him sometimes to rouse his courage, and remember his former character. Nay, to such an extent was this feeling carried, that Atticus even wrote him word, of a report having reached the Roman capital, that his affliction had disordered his sen- ses. The truth is, the excessive vanity of the man had received so rude and severe a shock, as almost to unsettle his intellect; and he who had fondly hoped, that his name and services would remain ever fresh and undying in the memory of his countrymen, could hardly believe that he was now an exile and fugitive from the very country he had saved. 1. Plut. Vit. Cic. c. 32. 2. Or. pro Planc. 40. 3. Or. pro Planc. 41.-Post red. in sen. 14. 4. Or. pro Sext. 31. 5. Pro dom. 33.-Post red, in sen, 11. 6. Ep. ad Fam. 14. 4.-Ep. ad Att. 3, 13. C xxvi LIFE AND WRITINGS OF CICERO. H. But his return, Doctor, do tell me of that. Dr. B. Ah! that was indeed a glorious era in his existence. The account of it is given by Cicero himself. The whole Appian Way, from Brundisium to Rome, appeared but one continued street, lined on both sides with crowds of men, women, and children. Nor was there a praefecture, town or colony, which did not send deputations to con- gratulate him on his return. What Cicero himself says, was, as Plutarch remarks, even less than the truth, that all Italy brought him back upon its shoulders. That one day, observes the orator, was worth an immortality; when, on my approach towards the city, the senate came out to receive me, followed by the whole number of citizens, as if Rome itself had left its foundations and marched forward to embrace its prcserver.1 H. For what length of time had Cicero remained in exile, Doctor Barton ? Dr. B. He was recalled sixteen months after his departure from Rome; but he did not actually re-enter the city until seventeen had elapsed. The law for his recall from exile was passed on the 4th of August, and the day of his return was the 4th of September. H. And where was Clodius, Doctor, during the period that elapsed after Cicero's restoration? Dr. B. Doing every thing in his power to raise fresh tumults against him, and daily committing new outrages, until an end was put to his evil career by the swords of Milo's followers.-Cicero, after his return from exile, devoted himself for several years to the affairs of his numerous clients, and it was during this period that the celebrated trial of Milo took place, for the killing of Clodius, when the orator, intimidated by the dis- play of a military force, and the outcries of the factious, made but a weak and ineffectual defence. H. Cicero was no very great admirer, I believe, of warlike movements. Dr. B. Why, when an occasion offered, and he was compelled to act, he conducted himself in a manner far from discreditable. I will cite you an instance. Pompey, in order to check more effectually the practice of bribery, had procured the passage of a law, by which all future consuls and praetors were disqualified from holding any province, till five years after the expiration of their magistracies; and, that there might be a supply of governors during this interval of five years, the senators of consular and praetorian rank, who had never held any foreign command, were to divide the vacant provinces among themselves by lot. Cicero, in conse- quence of this, obtained the government of Cilicia,2 a province which included also Pisidia, Pamphylia, and three districts of Asia, together with the island of Cyprus. At the head of two legions, he defeated the 1. Or. in Pis. 22.—Post red. in sen. 15.—Pro Sext. 63. 2. Ep. ad Att. 5, 15.—Ibid. 5, 17. LIFE AND WRITINGS OF CICERO. xxvii Parthians, who had advanced as far as Antioch, and then turning his arms against the inhabitants of the mountains, an untamed race of banditti, who had never acknowledged the Roman sway, he took two of their towns, Erana and Pindenissus, the latter their capital, and which cost him a six weeks' siege, and in testimony of his success was saluted by his soldiers with the title of Imperator.1 He would have obtained a triumph also, had not the troubled state of affairs at home prevented one from being con- ferred. H. The troubles to which you allude were those no doubt which attended the commencement of the civil contest.-How did he act du- ring their continuance ? Dr. B. In the first outbreaking of this memorable war, Caesar and Pompey were both anxious to gain over a man whose good opinion was so important as Cicero's. The orator regarded the cause of Pompey as that of the republic; he disapproved of every thing which had been done for the increase of Caesar's power; but yet he plainly foresaw, that a collision between these two commanders would end in the ruin of the republican party. Hence the indecision which marked his conduct, and necessarily embroiled him with both. During the space of five months he was debating within himself whether he should follow Pompey and the senate into Epirus, or remain in Italy. At last he decided for the first of these courses, and joined Pompey at Dyrrhachium.2 Scarcely, however, had he taken this step, when he began to repent of it.3 He did not present himself at the battle of Pharsalia, a sickness, real or pretended, having confined him at Dyrrhachium, where Cato was encamped with fifteen cohorts. When the issue of the conflict was known, Cato offered to Cicero, as a personage of consular rank, the command of the forces. He declined, and recommended an accommodation, a step which had nearly cost him his life at the hands of the son of Pompey. Returning upon this, abruptly to Italy, he found in this country a safe conduct sent unto him by Caesar, who was then in Egypt, and couched in the most honourable terms.5 H. Ah, it was this that Grant, of New College, showed me yesterday, at the Bodleian, in a volume of Fabricius, beginning with the words, “ M. Tullium Ciceronem, ob egregias ejus virtutes," &c.6-The career of the orator is now drawing to a close, Doctor, and I will only beg of you to give me a rapid sketch of his history, that we may pass on to his works. Dr. B. Well then, it shall be a rapid one as you request.-Cicero, 1. Ep. ad Fam. 15, 1.—Ibid. 15, 4. 2. Ep. ad Fam. 6, 6.—Or. pro Marcell. 5. 3. Ep. ad Fam. 7, 3.—Plut. Vit. Cic. c. 38. 4. Plut. Vit. Cic. c. 39. 5. Ep. ad Fam. 14, 23. 6. G. Fabric. Antiq. Mon. Insig. xxviii LIFE AND WRITINGS OF CICERO. who had waited at Brundisium, for the return of Caesar, from the begin- ning of the year to the month of October, was very kindly received by that commander when he reached the shores of Italy. Returning upon this to Rome, he took no part whatever in public affairs, and only broke through the long silence which he had preserved, when rendering thanks to Caesar for the recall of Marcellus, and defending Ligarius, and king Dei- otarus. The assassination of Caesar took place on the 15th of March, A. U. C. 710. Although Brutus was on terms of the greatest intimacy with Cicero, he had nevertheless concealed from him the plan of the con- spiracy; and yet the moment the dictator fell, raising on high his blood- stained dagger, he congratulated the Roman orator on the restoration of the republic. But the latter soon perceiving, that, instead of a mild and clement master, his country ran the risk of passing under the sway of the ambitious and profligate Antony, availed himself of the privilege of a free legation, and embarked for Greece. The representations of his friends, however, respecting the favourable state of affairs at Rome, induced him to return to Italy, and he re-entered the capital on the last day of Au- gust. From this moment to the day of his death, he set himself in oppo- sition to the designs of Marc Antony, against whom he pronounced or published from the second of September, 710, to the 22d April, 712, four- teen harangues, known by the name of Philippics. In order to balance the authority of Antony, Cicero favoured with all his influence the young Octavianus, who appeared attached to him, and frequently applied to him for advice. The indifference, however, if not actual contempt, which the senate displayed towards this youthful and aspiring leader, drove him eventually into a union with Antony and Lepidus. Thus the second triumvirate was formed, and one of its conditions was the head of Cicero. H. And how did Octavianus act? Dr. B. Historians2 inform us that he did not give up Cicero to the swords of Antony's hirelings, without the greatest reluctance, and only after a struggle of two days to preserve him. But all this affection for the orator was probably unreal, and only assumed for the purpose of excusing in some degree his subsequent abandonment of the aged patriot. Cicero was at his Tusculan villa, when the news of the proscription reached him, secret intelligence having been sent him by some of his friends. At first he resolved to sail for Grecce, where Brutus was assem- bling around him the surviving followers of the party of the republic. Contrary winds, however, prevented the execution of this design, and he landed again on the Italian coast, and spent the night near Circeii, in great anxiety and irresolution. On the following day, the importunity of his domestics prevailed upon him to sail for Caieta, where he went 1. Ep. ad Att. 16, 7. 2. Plut. Vit. Cic. c. 46.— Vell. Paterc. 2, 66.—Sueton. Aug. A. LIFE AND WRITINGS OF CICERO. xxix again on shore, to repose himself in his Formian villa. Here he slept soundly for several hours, when his attendants, having heard of the arrival of a party of soldiers, who were in quest of him, conveyed their aged master towards the shore, through a private part of the woods; but before they could succeed in reaching the ship, the soldiers headed by a tribune whom Cicero had once defended in a capital cause, overtook the fugi- tives, and executed the bloody mandate of Antony.1 H. And was no effort made to save him on the part of his followers? Dr. B. The attendants, as soon as the soldiers appeared, prepared themselves for action, being resolved to defend their master's life at the hazard of their own; but Cicero commanded them to set down the litter in which they were conveying him, and to make no resistance.2 When the ruffians approached, surveying them with a look which almost drove them from their bloody purpose, he hade them execute the errand on which they were sent, and extended his neck from the litter to receive the blow. His head and hands were severed from his body, conveyed to Rome, and fixed upon the rostra, the head between the two hands, by the orders of Antony ! H. His age, my dear Doctor. Dr. B. Within one month of sixty four. He was killed on the seventh of December, ten days after the establishment of the triumvirate.3-Shall I now proceed to delineate his character, or will you first have a brief analysis of his literary efforts? H. The latter, undoubtedly, will be the preferable course, for I shall then be better able to appreciate your delineation of the man. Dr. B. I think so myself. Now, open your Cicero, and name to me in succession the several productions of the Roman, as you will find them arranged there. But, I will give you a brief account of each. remember, only a brief one; the rest is to be supplied from your own private reading. H. I accept your terms, my dear Doctor, and will do my best to fulfil my part of the agreement.-Now, here we have first in order, a treatise on Rhetoric, in four books, addressed to Herennius. Dr. B. Which treatise Cicero never wrote. If you ask me the name of the true author, I can only reply, that the matter is involved in utter uncertainty. You will see, by the heading, that some of the learned have ascribed it to Cornificius. This was the opinion of Aldus Manutius, Sigonius, and Muretus, who made the writer to have been Q. Cornificius, the elder, Caesar's quaestor during the civil war. Gerard Vossius, on the other hand, contends for the younger Cornificius. Scaliger attributes the 1. Plut. Vit. Cic. c. 48. 2. Liv. fragm, ap. Senec. Suas. 1. 3. Vell. Paterc. 2, 64.-Pigh. Ann. ad A. U. C. 710. C* XXX LIFE AND WRITINGS OF CICERO. work to Gallio, a rhetorician in the time of Nero. Schütz is in favour of M. Antonius Gnipho, who was born in Gaul, A. U. C. 640, studied at Alexandria, aud taught rhetoric in the house of the father of Julius Caesar. But there are difficulties attending all these opinions, especially the last, and the point must be still left open to conjecture. It appears, however, that this work was one of the first treatises on rhetoric ever published in the Latin language, since it author cites no previous Latin writer, and asserts that he has been the first to give Latin names to the figures of rhetoric. The first and second books are extremely dry. The third, more engaging; and the fourth, which turns upon the three kinds of style suitable for discourses, is decidedly the best of the whole.¹ H. Next comes a treatise "De Inventione Rhetorica." Dr. B. On that part of rhetoric, which relates to invention. This is the work alluded to by Cicero, in the commencement of his treatise "De Oratore," as having been published by him in his youth. It is generally believed to have been written by him when twenty-four years of age, and to have originally contained four books, of which but two remain. Schütz, however, maintains that he never wrote, or at least never published, more than the two books, which we possess. In com- posing this work, Cicero, as far as an opinion may be ventured, would appear to have had before him notes taken from the prelections of some instructer, whom the anonymous author of the treatise addressed to Herennius had also attended. For a number of passages, in the two books "De Inventione," coincide in a very marked manner with others. in the work to Herennius; unless, indeed, the author of the latter was the preceptor of Cicero.2 H. To the work on invention succeed the three dialogues "De Ora- tore," inscribed to his brother Quintus. Dr. B. These were written, A. U. C. 698, when Cicero, disgusted with the political dissensions of the capital, had retired during part of the summer to the seclusion of the country. The speakers in these dialogues are the orators Antonius and Crassus, (the latter of whom was attended by the young Sulpicius and Cotta, at that time the two most promising speakers at Rome,) the eminent lawyer Scaevola, and Catulus and Julius Caesar, (grand uncle to the Dictator,) the last two distinguished also for their eloquence, and who joined the party in the interval between the first and second dialogues. The principal part in the conversation, however, is borne by Crassus and Antonius; the former advocating, what was in fact Cicero's own opinion, that an almost universal knowledge is essen- tially requisite to perfection in oratory; the latter, who was a mero 1. An account of the whole controversy may be seen in Dunlop, Rom. Lit vol. 2, p. 366, seqq. and in Baehr, Gesch. Rom. Lit. p. 502, sey. 2. Dunlop. Rom. Lit. vol. 2, p. 366.—Schoell. Hist. Lit. Rom. vol. 2, p. 117.. LIFE AND WRITINGS OF CICERO. xxxi practical pleader, maintaining, that the various accomplishments insisted upon by Crassus, were totally distinct from the proper office and duties of a public speaker. According to him, eloquence is not an art, because it depends not on knowledge. Imitation of good models, practice, and minute attention to each particular case, are laid down by him as the true foundations of forensic eloquence: the great objects of an orator being, in the first place, to recommend himself to his clients, and then to pre- possess the judges in his favour. Crassus, in reply, enters on the embellishments of rhetoric: pronunciation, elocution, harmony of periods, metaphors, sentiments, action, and in short, whatever can impart a finished grace and dignity to a public discourse.1 H. Excuse my interrupting you, Doctor, but how could Cicero if he were not present at these conversations, obtain such accurate information of the various topics that were discussed? Dr. B. He is supposed to have heard them from Cotta; and this fiction is the more convenient, since it enables him to shelter his own opinions under those of two such eminent masters of oratory as Crassus and Antonius.-Cicero entertained a very high opinion of this work, and his friends considered it one of his best. It is peculiarly valuable to us at the present day, as containing every thing of importance in the Greek works on rhetoric, while the copiousness, and ease, and graceful polish of the style are above all commendation.2-What have we next? H. A dialogue entitled "Brutus, sive de cíaris Oratoribus.” Dr. B. Cicero supposes, that, after his return from Asia, M. Brutus, the same who subsequently conspired against Caesar, pays him a visit, accompanied by Atticus, and that these two request him to resume a conversation which he had previously held with Atticus alone, and in which they had been discoursing of the most eminent orators. Cicero complies, and, after a few slight, but masterly sketches of the most celebrated speakers of Greece, enters upon a full detail of the Roman orators from the earliest periods to his own time. This work is of great value, as regards the history of Roman eloquence, but it is not as interest- ing as its title would lead you to expect. It contains too many names, and too little is said of each, so that it resembles in some degree a dry sort of catologue.3 H. To the "Brutus" succeeds the "Orator." Dr. B. In this production, which is addressed to Brutus, and was written at his request, Cicero treats of the qualifications that constitute a perfect crator. It is intended to complete the subjects examined in the dialogues "De Oratore." Cicero's perfect orator, you will bear in mind, 1. Dunlop. Rom. Lit. vol. 2, p. 353, segg. 2. Dunlop. ubi supra. 3. Dunlop, Rem. Lit. vol. 2, p. 359.—Schoell. Lit. Rom. vol. 2, p. 120. xxxii LIFE AND WRITINGS OF CICERO. existed nowhere but in his own imagination.-Come, turn over. What do you find next in order? H. A treatise entitled "Topica," and addressed to C. Trebatius. Dr. B. It gives an account of the various topics, or common-places, which are the foundation of rhetorical argument. The work is, in fact, an extract from that of Aristotle on the same subject, accompanied by a commentary from the pen of Cicero, the whole being amalgamated into one treatise. It was prepared for the use of Trebatius, the eminent lawyer, and hence Cicero takes his examples chiefly from the Roman civil law, as more intelligible to Trebatius than illustrations drawn from the philosophy of Aristotle ?1 H. We have then a dialogue, "De Partitione Oratoria." Dr. B. This is a production of rather inferior value. It is a dialogue between Cicero and his son, concerning the principles and doctrine of eloquence. It appears to have been written A. U. C. 707, while Caesar was prosecuting the war in Africa.-The work which you will find closing the series of Cicero's rhetorical works, is that entitled "De Optimo genere Oratorum," and was originally intended as a preface to a transla- tion which Cicero had made from the orations of Demosthenes and Aes- chines, respecting the crown. H. May I ask, Doctor, what was Cicero's object in making this translation? Dr. B. To correct a false impression, at that time very prevalent among his countrymen, that attic eloquence was limited to a plain and slender mode of expression, distinguished by purity of style and delicacy of taste, but void of all ornament and redundance. He undertook, therefore, a free translation of the two master-pieces of Athenian cloquence; the one being an example of vehement and energetic, the other of pathetic and ornamental oratory.-Now for a rapid survey of the speeches of Cicero. We have already touched upon those for Quintius, Roscius of Ameria, and Roscius the actor, and likewise upon the oration against Caecilius, and the six against Verres. What do you find after these ?2 H. The speech delivered in defence of Fonteius. Dr. B. This was pronounced while Cicero was aedile. It is the defence of an unpopular governor, accused of oppression by the province entrusted to his care. Much however is lost; which is the more to be regretted, as it would have formed an interesting contrast to the speeches against Verres. H. Then comes the oration for Aulus Caecina. 1. Dunlop. Rom. Lit. vol. 2, p. 364. 2. Dunlop. Rom. Lit. vol. 2, p. 365. LIFE AND WRITINGS OF CICERO. xxxiii Dr. B. A mere question of civil right, turning on an edict of a Roman praetor. H. The oration for the Manilian Law follows, but as I have just finished the perusal of this, I will not trouble you for an analysis. The speech for Cluentius succeeds. Dr. B. And a powerful and splendid production it is, and one of the most correct and forcible of all the judicial orations of Cicero. Cluentius had been accused by an unnatural mother of having poisoned his step- father. H. Three orations against the Agrarian law of Rullus are next in order. Dr. B. The history of the affair is briefly this: Rullus, a tribune of the commons, brought in a law, that the public domains in the provinces should be sold, and that the spoils acquired by Roman commanders in foreign wars should be taken from them, in order that, by these two means, a sum of money might be raised for the purchase of lands in Italy, particularly Cam- pania, which lands were to be divided among the people. Cicero delivered his first oration against this project, (the beginning, however, of which is wanting,) the very day when he entered on the duties of the consulship. His opposition was effectual, and the law was rejected. The tribunes, however, having subsequently instilled some suspicions into the minds of the people, with regard to Cicero's motives in opposing this project, he found it necessary to deliver the second and third orations on the same topic.1 H. The oration for Rabirius succeeds. Dr. B. He was accused of having been concerned in the death of Saturninus, a seditious tribune, who had been slain by a party in the interest of the senate. Thirty-six years had intervened, and the accuser was Labienus, afterward well known as Caesar's lieutenant in Gaul. Rabirius, notwithstanding the efforts of Cicero, would in all probability have been condemned, had not his friend, the praetor Metellus, taken down the standard from the Janiculum, which dissolved the comitia and broke off the trial. The troubles connected with the affair of Catiline occupied soon after the public attention, and the charge against Rabirius was never revived. H. Yes, here are the speeches against Catiline, which formed part of my Harrow reading, and the oration for Murena, another old acquaintance of mine, comes slowly after. I will not trouble you about these, Doctor Barton, but will thank you to give me some information about the next, the speech in behalf of Flaccus. Dr. B. This is the same Flaccus of whom you read in Sallust. He was praetor at the time of the conspiracy of Catiline, and aided in the 1. Dunlop. Rom, Lit. vol. 2, p. 295. xxxiv LIFE AND WRITINGS OF CICERO. arrest of the Allobroges. Cicero here defends him against a charge of extortion and peculation, brought by various states of Asia Minor, which he had governed as propraetor. H. An oration for Publius Sylla. Dr. B. He was related to the dictator, and was accused of having been engaged in Catiline's conspiracy. Cicero succeeded in procuring his acquittal. The cause was tried the year after his consulship. H. Another old favourite of mine, the oration for Archias, which is followed by one entitled, "Ad Quirites post reditum.” Dr. B. If you turn over a little farther, you will find three others, enti- tled respectively, "Post reditum, in senatu,” “ Pro domo sua ad Ponti- fices," and "De Haruspicum responsis." I am sorry to say, that these four orations are now generally regarded as spurious, and as having been composed by the rhetoricians of a later age as exercises in declamation. Cicero did indeed deliver four speeches, almost immediately after his return from exile, on subjects similar to these. The first was addressed to the senate, the second to the people, the third to the College of Pon- tiffs, to obtain restitution of the ground on which his house had stood, and which had been made the site of a temple, and the fourth in answer to a declaration of Clodius, that certain alarming prodigies which had lately appeared, were occasioned by the desecration of this same piece of ground, which the Pontiffs had discharged from religious uses. But the four speeches that have come down to us, afford abundant internal evidence of their never having proceeded from Cicero.1 H. Dismissing these, we have next in order the oration for Plancius. Dr. B. This is the Plancius of whom I made mention as having been quaestor of Macedonia when Cicero came thither as an exile. He is here defended by the orator, in return for the kindness shown on that occasion, against a charge of bribery in suing for the office of aedile. H. Then comes the oration for Sextius. Dr. B. Here again Cicero requites the services of a friend. Sextius, while tribune, had exerted himself to procure Cicero's recall, and the latter now defends him in an elaborate harangue against a charge of exciting a tumult in the capital H. An oration against Vatinius. Dr. B. This Vatinius was produced on the opposite side in the trial of Sextius, as a witness against him. This gave Cicero an opportunity of interrogating him, and the whole speech is one continued invective, uttered in a series of questions, without waiting for a reply. Hence it is sometimes called, not oratio, but interrogatio. H. An oration for Coelius. Dr. B. Coelius, a gay and rather dissolute young man, was accused 1. Dunlop. Rom. Lit. vol. 2, p. 333.-Schoell. Lit. Rom. vol. 2, p. 104. LIFE AND WRITINGS OF CICERO. XXXV by Clodia, the well-known sister of Clodius, of an attempt to poison her, and of having borrowed money from her to procure the assassination of Dio, the Alexandrian ambassador. This oration, which is highly com- mended by Middleton¹ for its occasionally playful manner, was also a particular favourite with the celebrated Fox.2 H. It is succeeded by a speech "De provinciis consularibus." Dr. B. This oration is indeed a remarkable one. It procured for Caesar a continuance of his government in Gaul, and this last may be regarded as one of the immediate causes of the ruin of the republic. Cicero advocated the continuance of this command without in the least. degree penetrating the designs of the ambitious Caesar, whose only object was to have Gaul as the training-place of his legions until he could turn their arms against his country. H. The oration for Balbus. Dr. B. Pompey, by a special law, had granted the freedom of Rome to Balbus, a native of Cadiz, who had performed some important services for him in the war against Sertorius. The validity of Pompey's act was now questioned, but was successfully defended by Cicero. "" An oration against L. Calpurnius Piso. Dr. B. Piso had been recalled from his government of Macedonia, in consequence of Cicero's ofation on the consular provinces. Taking an early opportunity, he complained before the senate of the treatment he had received, and indulged in an attack on the orator, ridiculing in par- ticular his poetic effusions. Cicero's reply is remarkable for its coarse and bitter invective. H. What, in the presence of the senate? Dr. B. Yes, he indulges, before that grave body, in language and allu- sions that suit only the meridian of a tavern; and this too against a man of family and distinction.-But why do you shake your head? H. Ah! here is the famous speech against Milo, which was never delivered. What a pity that no one took down the oration which Cicero actually uttered, that we might have compared its feebleness with thẹ beautiful harangue which has come down to our times. Dr. B. It was taken down in writing, and still existed in the days of Asconius, but must have been, as you remark, far inferior to the one which we now have, since the latter was accounted, both by Cicero himself and by his contemporaries, as the finest effort of his genius.3 H. The oration which I find next in order is entitled "Pro Rabirio Postumo.' Dr. B. He was prosecuted for repayment of a sum which he was sup- 1. Life of Cicero, vol. 2, p. 69.-Dunlop. Rom. Lit. vol. 2, p. 310. 2. Correspondence of Wakefield and Fox. p. 85. 3. Dunlop. Rom. Lit. vol. 2, p. 313. xxxvi LIFE AND WRITINGS OF CICERO. posed to have received, in conjunction with the proconsul Gabinius, from King Ptolemy, for having placed him on the throne of Egypt contrary to the injunctions of the senate. But why that look of pleasure? H. This oration, which succeeds, I have read of in Plutarch. It is the one for Ligarius, accused of having borne arms against Caesar, after the battle of Pharsalia, and of having renewed the war in Africa. Dr. B. Yes, the dictator himself presided at this trial, much prejudiced against Ligarius. But the eloquence of the advocate extorted a pardon. It was during this oration that Caesar's countenance is said to have changed, and the papers which he held to have dropped from his hand.¹ H. We have but two remaining before we reach the Philippics, the speech for Deiotarus, and that in behalf of Marcellus. With the latter I am too well acquainted to trouble you for any explanation. Of the sub- ject of the former I am ignorant. Dr. B. Why, this was a defence of Deiotarus, tetrarch of Galatia, charged with an attempt to poison Caesar, during the stay which the latter made at his court. The case was heard in the private apartments of Caesar, and the issue was successful for the accused. H. I will not trouble you, my dear Doctor, to explain for me the sub- ject of each of the Philippics. I have read that they were aimed against Antony, that they were so entitled in imitation of the splendid effusions of Demosthenes, and that, like the latter, they derive their chief beauty from the noble expression of just indignation which is so splendidly dif- fused over all. Allow me to ask, however, which one, in your opinion, is entitled to the palm. Dr. B. Undoubtedly the fourteenth, which was delivered after the intelligence had been received of the total defeat of Antony, before the walls of Modena, by the army under Octavianus and the consuls Hirtius and Pansa. This success was thought to have decided the fate of Antony and the republic, and Cicero gives loose to his patriotic feelings in a flow of the noblest eloquence. This too was the last oration that Cicero delivered, for the union of Octavianus and Antony was cemented by his blood.2 H. And have we now gone through all the orations, Doctor Barton, of the man of Arpinum? Dr. B. All that have come down to us, Henry. Many, however, have entirely perished, and of these the one most deserving of regret is that for Cornelius. He had been accused of practices against the state during his tribuneship. The speech was divided into two great parts, and was continued during four successive days, before an immense concourse of auditors, who are said to have testified their admiration by reiterated 1. Plut. Vit. Cic. c. 39. 2. Dunlop. Rom. Lit. vol. 2, p. 327. LIFE AND WRITINGS OF CICERO. xxxvii applause. The orator himself frequently refers to it as among the most finished of his compositions, and the old critics cite it as an example of genuine eloquence. Of many of the lost speeches of Cicero, we have however, fragments remaining, and the number of these remnants has been recently increased by the researches of Maio, of which we will con- verse on some other opportunity. Meanwhile, before we part, hand me that number of the Westminster Review which lies at your elbow. It contains a sketch of Cicero's character, which I wish to read to you. H. Before we part, Doctor?-Why I have not got through with more than one half of my volume. Dr. B. And that is the very reason why we ought now to stop, lest any farther account of the writings of Cicero only confuse and be- wilder.2 Digest what I have thus far stated, and, when we meet again, the other productions of Cicero will serve us for a theme. Besides ycu will want to attend to-day the visitation of the Bodleian Library, and to hear the Latin speech in the school of Natural Philosophy. H. Who appoints the speaker, Doctor? Dr. B. The Dean of Christ-Church.-I will now read from the West- minster :3 "Cicero was the first of the second order of great minds. An extraordinary variety of talent, rather than any pre-eminence of original genius, is his characteristic. It is attested by a wonderful extent and diversity of information, acquired amid the daily occupations of a very laborious life, and almost enabling him to accomplish the great object of his ambition, which was in his single person to maintain the cause of Ro- man against the whole of Grecian literature. His written contributions to the information and delight of mankind, are almost as extensive as Aristotle's. Every page is the efflorescence of a capacious mind, which embraced the whole circle of arts and sciences, which surveyed life with the comprehension of a philosopher, and the shrewdness of a man of the world. But Cicero's mind was not of primitive formation. He was the inventor of no great style, he was the bold and original investigator of no one department, nor is there any one in which supremacy could be claimed for him. He resembled the athlete in Longinus, who was infe- rior to his competitors respectively in their peculiar provinces, but was on the whole, and with regard to the universality of his accomplishments, superior to any. As a politician his defects are most striking, for his turn lay best for speculation, and nothing so clearly and decisively detects lurking flaws in a man's judgment as the conduct of public affairs, during "the joints and flexures" of troubled times, when the operation of new 1. Dunlop. Rom. Lit. vol. 2 p. 331. 2. An account of the ethical and philosophical writings of Cicero will be given in an edition of the work "De Officiis," and also in another containing selections from his philosophical productions. 3. No. 33, p. 147, segg. D xxxviii LIFE AND WRITINGS OF CICERO. principles is convulsing society, or the decay of old ones is resolving all into their original elements. For such a change he possessed neither the requisite moral or physical courage, the solidity of principle and purpose, nor the promptitude of judgment which is necessary to its execution.— The natural weakness of Cicero's mind, the want of great and solid prin- ciples of conduct, as well as his timidity, was not only ruinous to the state, but embittered the whole of his life. In the conflict of public affairs, the real outlines of a man's character are inevitably discovered; design or accident betrays his weak and strong points. The hustling of a mob immediately proves both his mind and body. Cicero was perfectly known to every man in Rome. Some, when they had any object to gain, prac- tised on his vanity, some on his timidity. From the day of his banish- ment his spirit was broken, and never recovered its elasticity until, in his old age, he was called on to oppose the profligate Antony. Then some- thing better even than his former self "flashed forth a stream of heroic rays." The cause, the occasion, and the person, roused all his faculties. He spoke for liberty-the magnitude of the individual danger in which he stood cut off all irresolution, the eyes of the world were on him, the ex- ample of Brutus, glorious at least in its principle, was before him, and accordingly, with a courage, a dignity, and an eloquence to which there is no parallel in his other efforts, he stood over his fallen country and defended her from her deadliest foe." H. Do you agree, Doctor, with all that is here advanced? Dr. B. Very nearly, Henry. We must always in estimating the char- acter of Cicero, take care not to be dazzled by the literary splendour that is thrown around his name. CICERONIS ORATIONES. " 'M. TULLII CICERONIS ORATIO IN L. CATILINAM PRIMA, HABITA IN SENATU. I. QUOUSQUE tandem abutere, Catilina, patientia no- stra? Quamdiu etiam furor 4iste tuus nos eludet? Quem ad finem sese effrenata jactabit audacia? Nihilne te nocturnum praesidium 'Palatii, nihil urbis vigiliae, nihil timor populi, nihil concursus bonorum omnium, nihil hic 10munitissimus habendi senatum locus, nihil horum ora vultusque moverunt ? 12 Patere tua consilia non sentis? Constrictam jam horum omnium conscientia teneri con- jurationem tuam non vides? Quid 13proxima, quid supe- riore nocte egeris, ubi fueris, quos convocaveris, quid consilii ceperis, quem nostrum ignorare arbitraris ? 0 tempora, O mores! Senatus haec intelligit, consul videt; hic tamen vivit. Vivit? 14immo vero etiam in senatum venit. Fit 15publici consilii particeps: notat et designat oculis ad caedem unumquemque nostrûm. Nos autem, 16viri fortes, satisfacere reipublicae videmur, si istius furo- rem ac tela vitemus. Ad mortem te, Catilina, duci jussu consulis, jampridem oportebat; 17in te conferri pestem istam, quam tu in nos omnes jamdiu machinaris. 18An vero vir amplissimus, 12P. Scipio, pontifex maximus, Tib. Gracchum, 20mediocriter labefactantem statum reipublicae, privatus interfecit: 21Catilinam, orbem terrarum caede at- que incendiis vastare cupientem, nos consules perfere- S 1 2 ORATIO 1. IN L. CATILINAM. } mus? Nam illa nimis antiqua praetereo, quod 2C. Ser- vilius Ahala Sp. Melium, novis rebus studentem, manu sua occidit. Fuit, fuit 3ista quondam in hac republica virtus, ut viri fortes acrioribus suppliciis civem pernicio- sum, quam acerbissimum hostem coërcerent. Habemus senatusconsultun in te, Catilina, vehemens et grave: non deest reipublicae consilium, neque auctoritas hujus ordinis: nos, nos, dico aperte, nos consules desumus. II. DECREVIT quondam senatus ut L. Opimius consul 'videret, ne quid respublica detrimenti caperet: nox nulla intercessit; interfectus est propter 10quasdam seditionum suspiciones C. Gracchus, ¹¹clarissimo patre, avo, majoribus : occisus est cum liberis 12M. Fulvius, consularis. Simili senatusconsulto, 13C Mario et L. Valerio, consulibus, per- missa est respublica: num unum diem postea 14L. Satur- nini tribuni plebis, et C. Servilii praetoris mortem rei- publicae poena remorata est? At 15nos vicesimum jam diem patimur hebescere aciem horum auctoritatis. Habe- mus enim hujusmodi senatusconsultum, verumtamen inclu- sum in tabulis, tanquam 16gladium in vagina reconditum : quo ex senatusconsulto confestim interfectum te esse, Catilina, convenit. Vivis: et vivis non ad deponendam, sed ad confirmandam audaciam. 18Cupio, patres con- scripti, me esse clementem: cupio in tantis reipublicae periculis me non 19dissolutum videri: sed jam me ipse inertiae 2ºnequitiaeque condemno. Castra sunt in Italia, contra rempublicam, 2¹in Etruriae faucibus collocata: cres- cit in dies singulos hostium numerus: 22eorum autem im- peratorem castrorum, ducemque hostium, intra moenia, atque adeo in senatu videmus, intestinam aliquam quoti- die perniciem reipublicae molientem. Si te jam, Catilina, comprehendi, si interfici jussero; credo, erit verendum mihi, ne non hoc potius omnes boni serius a me, quam quisquam crudelius factum esse dicat. Verum ego hoc, quod jampridem factum esse oportuit, 23 certa de causa nondum adducor ut faciam. Tum denique interficiam te, cum jam nemo tam improbus, tam perditus, 24tam tui si- 霹 ​**** ORATIO I. IN L. CATILINAM. 3 milis inveniri poterit, qui id non jure factum esse fatea- tur. Quamdiu quisquam erit, qui te defendere audeat, vives et vives ita, ut nunc vivis, multis meis et firmis praesidiis 'obsessus, ne commovere te contra rempublicam possis. Multorum te etiam oculi et aures non sentien- tem, sicut adhuc fecerunt, speculabuntur atque custodient. III. ETENIM quid est, Catilina, quod jam amplius ex- spectes, si neque nox tenebris obscurare coetus nefarios, nec 2privata domus parietibus continere vocem conjura- tionis tuae potest? si illustrantur, si erumpunt omnia? Muta jam istam mentem: mihi crede: obliviscere caedis, atque incendiorum: teneris undique: luce sunt clariora nobis tua consilia omnia: quae etiam mecum licet reco- gnoscas. Meministine, me 5ante diem duodecimum ka- lendas Novembris dicere in senatu, certo die fore in armis, qui dies futurus esset ante diem sextum kalendas Novembris, C. Manlium, audaciae satellitem atque admin- istrum tuae ? Num me fefellit, Catilina, non modo res tanta, tam atrox, tam incredibilis, verum, id quod multo magis est admirandum, dies? Dixi ego idem in senatu, caedem te optimatum contulisse in ante diem quintum kalendas Novembris, tum cum multi 10principes civitatis Roma, non tam sui conservandi, quam tuorum consiliorum ¹¹reprimendorum causa profugerunt. Num infitiari potes, te illo ipso die meis praesidiis, mea diligentia circumclu- sum, commovere te contra rempublicam non potuisse, cum tu, discessu ceterorum, 12nostra tamen, qui reman- sissemus, -caede contentum te esse dicebas? Quid? cum tute 13Praeneste kalendis ipsis Novembris occupaturum nocturno impetu esse confideres: sensistine, illam coloni- am meo jussu, 14praesidiis, custodiis, vigiliisque esse mu- nitam? Nihil agis, nihil moliris, nihil cogitas, quod ego 15non modo non audiam, sed etiam non videam, planeque sentiam. IV. RECOGNOSCE tandem mecum 16noctem illam superio- rem: jam intelliges multo me vigilare acrius ad salutem, quam te ad perniciem reipublicae. Dico te priori nocte 4 ORATIO I. IN L. CATILINAM. "/~ n venisse inter falcarios,' (non agam obscure,) in M. Lae- cae domum: convenisse eodem complures ejusdem amentiae scelerisque socios. Num negare audes? Quid taces? convincam, si negas. Video enim esse hic in senatu quosdam, qui tecum una fuere.,O dii immortales! ubinam gentium sumus? in qua urbe vivimus? quam rem- publicam habemus? Hic, hic sunt, nostro in numero, patres conscripti, ³in hoc orbis terrae sanctissimo gravis- simoque consilio, qui de meo, nostrûmque omnium inte- ritu, qui de hujus urbis, atque adeo orbis terrarum exitio cogitent. Hosce ego video consul, et de republica sen- tentiam rogo: et, quos ferro, trucidari oportebat, eos non- dum voce vulnero. Fuisti igitur apud Laecam illa nocte, Catilina: 4distribuisti partes Italiae: statuisti quo quem- que proficisci placeret: delegisti quos Romae relinqueres, quos tecum educeres: 'descripsisti urbis partes ad incen- dia: 'confirmasti, te ipsum jam esse cxiturum: dixisti paullulum tibi esse etiam tum morae, quod ego viverem. Reperti sunt duo equites Romani, qui te ista cura libe- rarent, et sese illa ipsa nocte, paullo ante lucem, me meo in lectulo interfecturos pollicerentur. Haec ego omnia, vix dum etiam coetu vestro dimisso, ¹ºcomperi: domum meam majoribus praesidiis munivi atque firmavi: exclusi cos, quos tu mane ad me salutatum miseras, cum illi ipsi yenissent; quos ego jam multis ac summis viris ad me id temporis venturos esse praedixeram. 11 V 11QUAE cum ita sint, Catilina, perge quo coepisti; egredere aliquando ex urbe: patent portae: proficiscere: nimium diu te imperatorem 12illa tua Manliana castra de- siderant. Educ tecum etiam omnes tuos: 13si minus, quam plurimos: purga urbem: magno me metu liberabis, dummodo inter me atque te murus intersit: nobiscum versari jam diutius non potes: 14non feram, non patiar, non sinam. Magna diis immortalibus, 15atque huic ipsi Jovi Statori, antiquissimo custodi hujus urbis, 16habenda est gratia, quod hanc tam taetram, tam horribilem, ¹7tam- que infestam reipublicae pestem toties jam effugimus ORATIO I. IN L. CATILINAM. 5 Non est saepius ¹in uno homine summa salus periclitan- da reipublicae. Quamdiu mihi, consuli designato, Cati- lina, insidiatus es, non publico me praesidio, sed privata diligentia defendi: cum 3 proximis comitiis consularibus me consulem in campo, et competitores interficere vo- luisti, compressi tuos nefarios conatus amicorum praesid- io et copiis, nullo tumultu publice concitato: denique quotiescunque me petisti, per me tibi obstiti: quamquam videbam, perniciem meam cum magna calamitate reipub- licae esse conjunctam. Nunc jam aperte rempublicam universam petis. Templa deorum immortalium, tecta ur- bis, vitam omnium civium, Italiam denique totam, ad exi- tium et vastitatem vocas. Quare quoniam id, quod pri- mum, atque hujus imperii disciplinaeque majorum propri- um est, facere nondum audeo: faciam id, quod est ad severitatem lenius, et ad communem salutem utilius: nam, si te interfici jussero, residebit in republica reli- qua conjuratorum manus: sin tu (quod te jamdudum hor- tor,) exieris, exhaurietur ex urbe tuorum comitum mag- na et perniciosa reipublicae sentina. Quid est, Catilina? Num dubitas id, me imperante, facere, quod jam 10tua sponte faciebas? Exire ex urbe consul hostem jubet: interrogas me, ¹¹num in exsilium? Non jubeo: sed, si me consulis, suadeo. VI. QUID enim, Catilina, est, quod te jam in hac urbe de- lectare possit? In qua nemo est, 12extra istam conjuratio- nem perditorum hominum, qui te non metuat; nemo, qui non oderit. 13Quae nota domesticae turpitudinis non inusta vitae tuae est? 14Quod privatarum rerum dedecus non haeret infamiae? 15Quae libido ab oculis, 16quod facinus a manibus umquam tuis, quod flagitium a toto corpore abfuit? Cui tu adolescentulo, quem corruptelarum ille- cebris irretisses, non aut ad audaciam ferrum, aut ad libi- dinem 18facem praetulisti? Quid vero? nuper, cum morte superioris uxoris novis nuptiis domum 19vacuefecisses, nonne etiam alio incredibili scelere hoc scelus cumulasti? Quod ego praetermitto, et facile patior sileri, ne in hac 17 1* 6 ORATIO I. IN L. CATILINAM. 1 civitate ¹tanti facinoris immanitas aut exstitisse, aut non vindicata esse videatur. Praetermitto ruinas fortunarum tuarum, quas omnes impendere tibi proximis idibus sen- ties ad illa venio, quae non ad privatam ignominiam vitiorum tuorum, non ad ³domesticam tuam difficultatem ac turpitudinem, sed ad summam reipublicae, atque ad omni- um nostrum vitam salutemque pertinent. Potestne tibi hujus vitae lux, Catilina, aut hujus coeli spiritus esse jucundus, cum scias, horum esse neminem, qui nesciat, te pridie kalendas Januarias, "Lepido et Tullo consulibus, -_stetisse in comitio cum telo? Manum, consulum et prin- cipum civitatis interficiendorum causa, paravisse? Sceleri ac furori tuo non mentem aliquam, aut timorem tuum, sed fortunam reipublicae obstitisse? Ac jam illa omitto: ¹ºneque enim sunt aut obscura, aut non multa post com- missa. Quoties tu me designatum, quoties consulem in- terficere conatus es? Quot ego tuas petitiones ita con- jectas, ut vitari non posse viderentur, parva quadam de- clinatione, et, ut aiunt, corpore effugi? 12Nihil agis, nihil assequeris, nihil moliris, quod mihi latere valeat 13in tem- pore: neque tamen conari ac velle desistis. 14Quoties jam tibi extorta est sica ista de manibus? Quoties vero excidit casu aliquo et elapsa est? 15Tamen ea carere diutius non potes: 16quae quidem quibus abs te initiata sacris ac devota sit, nescio, quod eam necesse putas con- sulis in corpore defigere. 11 VII. NUNC vero, quae est ista tua vita? Sic enim jam tecum loquar, non ut 17odio permotus esse videar, quo debeo, sed ut misericordia, quae tibi nulla debetur. Venisti paullo ante in senatum : quis te ex hac tanta frequentia, ex tot tuis amicis ac necessariis, 19salutavit? Si hoc post hominum memoriam contigit nemini, 20vocis exspectas contumeliam, cum sis gravissimo judicio taci- turnitatis oppressus? Quid, quod adventu tuo 2lista sub- sellia vacuefacta sunt? Quod omnes consulares, qui tibi persacpe ad caedem constituti fuerunt, simul atque asse- disti, partem istam subselliorum 22nudam atque inanem ORATIO I. IN L. CATILINAM. 7 reliquerunt? Quo tandem animo hoc tibi ferendum putas ? ¹Servi mehercle mei si me isto pacto metuerent, ut te metuunt omnes cives tui, domum meam relinquendam pu- tarem: tu tibi urbem non arbitraris? Et, si me meis civibus injuria suspectum tam graviter atque offensum viderem; carere me aspectu civium, quam infestis omni- um oculis conspici mallem: tu cum conscientia scelerum tuorum agnoscas odium omnium justum, et jam tibi diu debitum, dubitas, quorum mentes sensusque vulneras, eoruin aspectum praesentiamque vitare? Si te parentes timerent atque odissent tui, neque eos ulla ratione pla- care posses; ut opinor, ab eorum oculis aliquo concede- res nunc te patria, quae communis est omnium nostrum parens, odit ac metuit, et jamdiu te nihil judicat nisi de parricidio suo cogitare. 'Hujus tu neque auctoritatem verebere, neque judicium sequere, neque vim pertimesces? Quae tecum, Catilina, sic agit, et quodammodo tacita loquitur :--Nullum aliquot jam annis facinus exstitit, nisi per te; nullum flagitium sine te: tibi uni 9multorum ci- vium neces, tibi vexatio direptioque 10sociorum impunita fuit ac libera.tu non solum ad negligendas leges ac ¹¹quaestiones, verum etiam ad evertendas perfringendas- que valuisti. Superiora illa, quamquam ferenda non fùe- runt, tamen, ut potui, tuli: nunc vero me totam esse in metu propter te unum; 12quidquid increpuerit, Catilinam timeri; nullum videri contra me consilium iniri posse, 13quod a tuo scelere abhorreat; non est ferendum. Quamo- brem discede, atque hunc mihi timorem eripe: 14si est verus, ne opprimar; sin falsus, ut tandem aliquando time- re desinam. VIII. HAEC si tecum, ut dixi, patria loquatur, 15nonne impetrare debeat, etiamsi vim adhibere non possit ? 16Quid, quod tu te ipse in custodiam dedisti? Quid, quod, vitandae suspicionis causa, apud 18M'. Lepidum te 19habitare velle dixisti? A quo non receptus, etiam ad me venire ausus es: atque ut domi meae te asservarem, rogasti: cum a me quoque id responsum tulisses, me 8 ORATIO I. IN L. CATILINAM. nullo modo posse iisdem ¹parietibus tuto esse tecum, "qui magno in periculo essem, quod iisdem moenibus conti- neremur; ad 3Q. Metellum praetorem venisti: a quo re- pudiatus, ad sodalem tuum, virum optimum, M. Marcel- lum demigrasti: quem tu videlicet et ad custodiendum te diligentissimum, et ad suspicandum sagacissimum, et ad vindicandum fortissimum fore putasti. Sed quam longe vide- tur a carcere atque a vinculis abesse debere, qui se ipse jam dignum custodia judicarit? Quae cum ita sint, Catilina, du- bitas, si hic morari aequo animo non potes, abire in aliquas terras, et vitam istam, multis suppliciis justis debitisque erep- tam, fugae solitudinique mandare? Refer, inquis, ad sena- tum, (id enim postulas,) et, si hic ordo placere sibi decreve- rit, te ire in exsilium, obtemperaturum te esse dicis. Non. referam id, quod abhorret a meis moribus: et tamen fa- ciam, ut intelligas, quid hi de te sentiant. Egredere ex urbe, Catilina: libera rempublicam metu: in exsilium, si 1ºhanc vocem exspectas, proficiscere. Quid est, Catili- na? ecquid attendis, ecquid animadvertis horum silentium? 12patiuntur, tacent. 13Quid exspectas auctoritatem loquen- tium, quorum voluntatem tacitorum, perspicis? At si hoc idem huic adolescenti optimo, 14P. Sextio, si fortissimo viro, M. Marcello dixissem; 16jam mihi consulis hoc ipso in templo, jure optimo senatus vim et manus intu- lisset: 17de te autem, Catilina, cum quiescunt, probant; cum patiuntur, decernunt; cum tacent, clamant. Neque hi solum, 18quorum tibi auctoritas est videlicet cara, vita vilissima; 19sed etiam illi equites Romani, honestissimi atque optimi viri, ceterique fortissimi cives, 20qui circum- stant senatum, quorum tu et frequentiam videre, et studia perspicere, et voces paullo ante exaudire potuisti: quo- rum ego vix abs te jamdiu manus ac tela contineo, eos- dem facile adducam, ut te haec, quae jampridem vastare studes, relinquentem, 21usque ad portas prosequantur. 11 IX. 22QUAMQUAM quid loquor? 23te ut ulla res frangat? tu ut umquam te corrigas? tu ut ullam fugam meditere? tu ut ullum exsilium cogites? Utinam tibi istam mentem OKATIO I. IN L. CATILINAM. 9 dii immortalès 'duint! Tametsi video, si mea voce per- territus ire in exsilium animum induxeris, quanta tempe- stas invidiae nobis, si minus in praesens tempus, recenti memoria scelerum tuorum, at in posteritatem impendeat. 2Sed est mihi tanti; dummodo ista ³privata sit calamitas, et a reipublicae periculis sejungatur. Sed tu ut vitiis tuis commoveare, ut legum poenas pertimescas, ut tem- poribus reipublicae concedas, non est postulandum: neque enim is es, Catilina, ut te aut pudor a turpitudine, aut metus a periculo, aut ratio a furore unquam revocarit. Quamobrem, ut saepe jam dixi, proficiscere: ac, si mihi inimico, ut praedicas, tuo conflare vis invidiam; recta perge in exsilium: vix feram sermones hominum, si id feceris vix molem istius invidiae, si in exsilium ieris jussu consulis, sustinebo: sin autem 10servire meae laudi et gloriae mavis, egredere "cum importuna sceleratorum manu: confer te ad Manlium: concita perditos cives: secerne te a bonis infer patriae bellum exsulta 12impio latrocinio, ut a me non ejectus ad alienos, sed invitatus ad tuos isse videaris. 13Quamquam quid ego te invitem, a quo jam sciam esse praemissos, qui tibi ad Forum Aurelium praestolarentur armati ? 15Cui sciam pactam et constitutam esse cum Manlio diem? A quo etiam 16aqui- lain illam argenteam, quam tibi, ac tuis omnibus, perni- ciosam esse confido et funestam futuram, cui domi tuae sacrarium scelerumorum constitutum fuit, sciam esse praemissam? 18Tu ut illa diutius carere possis, quam venerari, ad caedem proficiscens, solebas? A cujus alta- ribus saepe istam impiam dexteram ad necem civium transtulisti ? : X. IBIS tandem aliquando, quo te jampridem tua ista cupiditas effrenata ac furiosa rapiebat. Neque enim tibi 19haec res affert dolorem, sed quandam incredibilem volu- ptatem ad hanc te amentiam natura peperit, voluntas exercuit, fortuna servavit : numquam tu non modo otium, sed ne bellum quidem, 20nisi nefarium, concupisti: nactus es ex perditis, atque ab omni non modo' fortuna, verum : 10 ORATIO I. IN L. CATILINAM. etiam spe derelictis, conflatam improborum manum. ¹Hic tu qua laetitia perfruere? quibus gaudiis exsultabis? quan- ta in voluptate bacchabere, cum in tanto numero tuorum neque audies virum bonum quemquam, neque videbis? 2Ad hujus vitae studium meditati illi sunt, qui feruntur, labores tui: jacere humi, non modo ³ad obsidendum stu- prum, verum etiam ad facinus obeundum; vigilare, non solum insidiantem somno maritorum, verum etiam bonis occisorum. 5Habes ubi ostentes illam praeclaram tuam patientiam famis, frigoris, inopiae rerum omnium; quibus te brevi tempore confectum esse senties. Tantum pro- feci tum, cum te a consulatu repuli, ut exul potius ten- tare, quam consul vexare rempublicam posses: atque ut id, quod esset a te scelerate susceptum, latrocinium poti- us quam bellum nominaretur. XI. NUNC, ut a me, patres conscripti, quandam prope justam patriae quaerimoniam detester ac deprecer: perci- pite, quaeso, diligenter, quae dicam, et ea penitus animis vestris mentibusque mandate. Etenim, si mecum patria, quae mihi vita mea multo est carior, si cuncta Italia, si omnis respublica sic loquatur: 10M. Tulli, quid agis? tune eum, quem esse hostem comperisti: quem ducem belli futurum vides: quem exspectari imperatorem in cas- tris hostium sentis, auctorem sceleris, principem conjura- tionis, ¹¹evocatorem servorum et civium perditorum, exire patieris, ut abs te 12non emissus ex urbe, sed immissus in urbem esse videatur? Nonne hunc in vincula duci, non ad mortem rapi, non summo supplicio 13mactari impera- bis? Quid tandem impedit te? 14Mosne majorum? At persaepe etiam privati in hac republica perniciosos cives. morte multarunt. 15 An leges, quae de civium Romano- rum supplicio 16rogatae sunt? At numquam in hac urbe ii, qui a republica defecerunt, civium jura 17tenuerunt. An invidiam posteritatis times? 18Praeclaram vero populo Romano refers gratiam, qui te, hominem per te cognitum, nulla commendatione majorum, 19tam mature ad summum imperium per omnes honorum gradus extulit, si propter ORATIO I. IN L. CATILINAM. 11 invidiam, aut alicujus periculi metum, salutem civium tuo- rum negligis. Sed, si quis est invidiae metus, num est vehementius ¹severitatis ac fortitudinis invidia, quam in- ertiae ac nequitiae pertimescenda? An, cum bello vasta- bitur Italia, vexabuntur urbes, tecta ardebunt: 2tum te non existimas invidiae incendio conflagraturum? XII. His ego sanctissimis reipublicae vocibus, et eorum hominum, qui idem sentiunt, mentibus, pauca re- spondebo. Ego, si hoc optimum factu judicarem, patres conscripti, Catilinam morte multari; "unius usuram horae gladiatori isti ad vivendum non dedissem. Etenim, si summi viri, et clarissimi cives, Saturnini, et Gracchorum, et Flacci, et superiorum complurium sanguine non modo se non contaminarunt, sed etiam honestarunt; certe mihi verendum non erat, ne quid, hoc 'parricida civium inter- fecto, invidiae mihi in posteritatem redundaret. Quodsi ea mihi maxime impenderet: tamen hoc animo semper fui, ut invidiam virtute partam, gloriam, non invidiam pu- tarem. Quamquam nonnulli sunt in hoc ordine, qui aut ea, quae imminent, non videant; aut ea, quae vident, dis- simulent: qui spem Catilinae mollibus sententiis alue- runt, conjurationemque nascentem non credendo corrobo- raverunt. Quorum auctoritatem secuti multi, non solum improbi, verum etiam imperiti, 9si in hunc animadvertis- sem, crudeliter et 10regie factum esse dicerent. Nunc intelligo, si iste, quo intendit, in Manliana castra perve- nerit, neminem tam stultum fore, qui non videat conjura- tionem esse factam; neminem tam improbum, qui non fateatur. Hoc autem uno interfecto, intelligo hanc rei- publicae pestem 11paullisper reprimi, non in perpetuum comprimi posse. Quodsi 12se ejecerit, secumque suos eduxerit, et eodem ceteros undique collectos naufragos ag- gregaverit; exstinguetur, atque delebitur non modo 13haec tam adulta reipublicae pestis, verum etiam stirps ac se- men malorum omnium. XIII. ETENIM 14jamdiu, patres conscripti, in his pericu- lis conjurationis insidiisque versamur: sed nescio 15quo " 12 ORATIO I. IN L. CATILINAM. ļ F F ! 1 I · pacto omnium scelerum, ac veteris furoris et audaciae ma- turitas in nostri consulatus tempus erupit. Quodsi ¹ex tanto latrocinio iste unus tolletur; videbimur fortasse ad breve quoddam tempus cura et metu esse relevati: peri- culum autem residebit, et erit inclusum penitus 2in venis atque in visceribus reipublicae. Ut saepe homines aegri morbo gravi, cum ³aestu febrique jactantur, si aquam ge- lidam biberint, primo relevari videntur; deinde multo gra- vius vehementiusque afflictantur: sic hic morbus, qui est in republica, relevatus istius poena, vehementius vivis re- liquis ingravescet. Quare, patres conscripti, secedant im- probi, secernant se a bonis, unum in locum congregentur, muro denique, id quod saepe jam dixi, secernantur a no- bis, desinant insidiari domi suae consuli, circumstare tribunal praetoris urbani, obsidere cum gladiis curiam, 'malleolos et faces ad inflammandam urbem comparare. Sit denique incriptum in fronte uniuscujusque civis, "quid. de republica sentiat. Polliceor hoc vobis, patres con- scripti, tantam in nobis consulibus fore diligentiam, tan- tam in vobis auctoritatem, tantam in equitibus Romanis virtutem, tantam in omnibus bonis consensionem, ut Ca- tilinae profectione omnia patefacta, illustrata, oppressa, vindicata esse videatis. Hisce ominibus, Catilina, ¹ºcum summa reipublicae salute, et cum tua peste ac pernicie, cumque eorum exitio, qui se tecum omni scelere parrici- dioque junxerunt, proficiscere ad impium bellum ac nefa- rium. Tum tu, Jupiter, qui iisdem, quibus haec urbs, ¹¹auspiciis a Romulo es constitutus; quem Statorem hujus urbis atque imperii vere nominamus: hunc, et hujus so- cios a tuis aris ceterisque templis, a tectis urbis ac moe- nibus, a vita fortunisque civium omnium arcebis: et om- nes inimicos bonorum, hostes patriae, latrones Italiae, 12scelerum foedere inter se ac nefaria societate conjunc- tos, aeternis suppliciis vivos mortuosque mactabis. 1. ܕ ܐ ܕ LAY M. TULLII CICERONIS ORATIO IN L. CATILINAM SECUNDA, AD QUIRITES. I. TANDEM aliquando, Quirites, L. Catilinam, fu- rentem audacia, scelus anhelantem, pestem patriae nefarie molientem, vobis atque huic urbi ferrum flam- mamque 'minitantem, ex urbe vel ejecimus, vel emi- simus, vel ipsum egredientem verbis prosecuti sumus. Abiit, excessit, evasit, erupit. Nulla jam pernicies a monstro illo atque prodigio moenibus ipsis intra moenia comparabitur. Atque hunc quidem unum, hujus belli do- mestici ducem, sine controversia vicimus. Non enim jam inter latera nostra 1ºsica illa versabitur: ¹¹non in campo, 12non in foro, non in curia, non denique intra domesticos parietes pertimescemus. 13Loco ille motus est, cum est ex urbe depulsus. Palam jam cum hoste, nullo impediente, 14bellum justum geremus. Sine dubio perdidimus hominem, magnificeque vicimus, cum illum ex occultis insidiis in apertum latrocinium conjecimus. 15Quod vero non cruentum mucronem, ut voluit, extulit, quod vivis nobis egressus est, quod ei ferrum de manibus extorsimus, quod incolumes cives, quod stantem urbem reliquit: quanto tandem illum moerore afflictum esse et profligatum putatis? Jacet ille nunc prostratus, Quiri- tes, et se 16perculsum atque abjectum esse sentit, et re- torquet oculos profecto saepe ad hanc urbem; quam ex suis faucibus ereptam esse luget: quae quidem laetari 2 14 ORATIO II. IN L. CATILINAM. mihi videtur, quod tantam pestem evomuerit forasque projecerit. II. Ar si quis est talis, 'quales esse omnes oportebat, qui in hoc ipso, in quo exultat et triumphat oratio mea, me vehementer accuset, quod tam capitalem hostem non comprehenderim potius, quam emiserim: non est ista mea culpa, Quirites, sed temporum. Interemtum esse L. Ca- tilinam, et gravissimo supplicio affectum, jampridem opor- tebat: idque a me et mos majorum, et hujus imperii severitas, et respublica postulabat. Sed quam multos fuisse putatis, qui, quae ego deferrem, non crederent? quam multos, qui propter stultitiam non putarent? quam multos, qui etiam defenderent? quam multos, qui propter improbitatem faverent? 5Ac si, sublato illo, depelli a vobis omne periculum judicarem; jampridem ego L. Ca- tilinam non modo invidiae meae, verum etiam vitae pe- riculo sustulissem. Sed cum viderem, ne vobis quidem omnibus re etiam tum probata, si illum, ut erat meritus, morte multassem, fore, ut ejus socios invidia oppressus persequi non possem: rem huc deduxi, ut tum palam pugnare possetis, cum hostem aperte videretis. Quem quidem ego hostem, Quirites, "quam vehementer foris esse timendum putem, licet hinc intelligatis, quod illud etiam moleste fero, quod cx urbe parum comitatus exie- rit. Utinam ille omnes secum suas copias eduxisset! Tongilium mihi eduxit, 9quem amare in praetexta coepe- rat: 10Publicium et Munacium, quorum aes alienum con- tractum in popina nullum reipublicae motum afferre pote- rat: reliquit quos viros? quanto alieno aere, quam va- lentes, quam nobiles? III. ITAQUE ego illum exercitum, 12prae Gallicanis legionibus, et hoc delectu, quem in agro Piceno et Gal- lico Q. Metellus habuit, et his copiis, quae a nobis quo- tidie comparantur, magnopere contemno; 13 collectum ex senibus desperatis, ex agresti luxuria, ex rusticis decoc- toribus, ex iis, qui 14vadimonia deserere, quam illum ex- ercitum, maluerunt: quibus ego non modo si 15aciem ORATIO II. IN L. CATILINAM. 15 exercitus nostri, verum etiam si edictum praetoris osten- dero, concident. Hos, quos video volitare in foro, quos stare ad curiam, quos etiam in senatum venire: ³qui nitent unguentis, qui fulgent purpura, mallem secum suos milites eduxisset: qui si hic permanent, mementote non tam exercitum illum esse nobis, quam hos, qui exercitum deseruerunt, pertimescendos. Atque hoc etiam sunt timen- di magis, quod, quid cogitent, me scire sentiunt, neque tamen permoventur. Video, cui Apulia sit attributa, qui habeat Etruriam, qui agrum Picenum, qui Gallicum, qui sibi has urbanas insidias caedis atque incendiorum de- poposcerit. Omnia 'superioris noctis consilia ad me de- lata esse sentiunt: patefeci in senatu hesterno die: Ca- tilina ipse pertimuit, profugit: hi quid exspectant? Nae illi vehementer errant, si illam meam pristinam lenitatem perpetuam sperant futuram. IV. QUOD exspectavi, jam sum assecutus, ut vos om- nes factam esse aperte conjurationem contra rempublicam videretis. Nisi vero si quis est, qui 10Catilinae similes cum Catilina sentire non putet. Non est jam lenitati locus: severitatem res ipsa flagitat. Unum etiam nunc concedam exeant, proficiscantur, ne patiantur ¹¹desiderio sui Catilinam miserum tabescere: demonstrabo iter: Aure- lia via profectus est: si acceleraie volent, ad vesperam con- sequentur. O fortunatam rempublicam, 12si quidem hanc sentinam hujus urbis ejecerit! Uno mehercule Catilina 13exhausto, relevata mihi et recreata respublica videtur. Quid enim mali aut sceleris fingi aut excogitari potest, quod non ille conceperit? Quis tota Italia 14veneficus, quis gla- diator, quis latro, quis sicarius, quis parricida, 15quis testa- mentorum subjector, 16quis circumscriptor, quis ganeo, 17quis nepos, quis adulter, quae mulier infamis, quis cor- ruptor juventutis, quis corruptus, quis perditus inveniri potest, qui se cum Catilina non familiarissime vixisse fateatur? 18Quae caedes per hosce annos sine illo facta est? Quod nefarium stuprum non per illum? 19 Jam vero quae tanta in ullo umquam homine juventutis illecebra U 16 ORATIO II. IN L. CATILINAM. fuit, quanta in illo? qui aliis fructum libidinum, aliis mor- tem parentum, non modo impellendo, verum etiam adju- vando, pollicebatur. Nunc vero quam subito, non solum ex urbe, verum etiain ex agris, ingentem numerum per- ditorum hominum collegerat? Nemo, non modo Romae, sed nec ullo in angulo totius Italiae, oppressus aere alie- no fuit, quem non ad hoc incredibile sceleris foedus adsciverit. 4 V. ATQUE, ut ejus diversa studia ¹in dissimili ratione perspicere possitis, nemo est in ludo gladiatorio paullo ad facinus audacior, qui se non intimum Catilinae esse fateatur: ³nemo in scena levior et nequior, qui se non ejusdem prope sodalem fuisse commemoret. Atque idem tamen, stuprorum et scelerum exercitatione assuefactus, 5frigore, et fame, et siti, ac vigiliis perferendis, fortis ab istis praedicabatur; cum industriae subsidia, atque instru- menta virtutis, in libidine audaciaque consumerentur. Hunc vero si sui fuerint comites secuti; si ex urbe exierint desperatorum hominum flagitiosi greges; 70 nos beatos, O rempublicam fortunatam, O praeclaram laudem consulatus mei! Non enim jam sunt mediocres hominum libidines, non humanae ac tolerandae audaciae: nihil cogitant, nisi caedes, nisi incendia, nisi rapinas: patri- monia sua profuderunt: fortunas suas abligurierunt: res eos jampridem, 10fides deficere nuper coepit: eadem ta- men illa, quae erat in abundantia, libido permanet. Quodsi in vino et alea comissationes solum quaererent, essent illi quidem desperandi, sed tamen essent ferendi. Hoc vero quis ferre possit, inertes homines fortissimis viris insidiari, stultissimos prudentissimis, 12ebriosos sobriis, dormientes vigilantibus? Qui 13mihi accubantes in con- viviis, vino languidi, 15confecti cibo, 16sertis redimiti, unguentis obliti, 17eructant sermonibus suis caedem bono- rum, atque urbis incendia. Quibus ego confido impen- dere 18fatum aliquod et poenas jamdiu improbitati, ne- quitiae, sceleri, libidini debitas, aut instare jam plane, aut certe appropinquare. Quos si meus consulatus, quoniam : ORAMO 11. IN L. CATILINAM. 17 : 19sanare non potest, sustulerit; 'non breve nescio quod tem- pus, sed multa saecula propagarit reipublicae. Nulla est enim natio, quam pertimescamus: nullus rex, qui bellum populo Romano facere possit. Omnia sunt externa 2unius vir- tute terra marique pacata: domesticum bellum manet: intus insidiae sunt: intus inclusum periculum est: intus est hostis: cum luxuria nobis, cum amentia, cum scelere certandum est. Huic ego me bello, Quirites, profiteor ducem suscipio inimicitias hominum perditorum. Quae sanari poterunt, quacunque ratione sanabo: quae rese- canda erunt, non patiar ad perniciem civitatis manere. Proinde aut exeant, aut quiescant: aut, si et in urbe, et in eadem mente permanent; ea, quae merentur, exspec- tent. VI. AT etiam sunt, Quirites, qui dicant, 4a me in ex- silium ejectum esse Catilinam. Quod ego si verbo asse- qui possem, istos ipsos ejicerem, qui haec loquuntur. "Homo videlicet timidus et permodestus vocem consulis ferre non potuit: simul atque ire in exsilium jussus est, paruit, fivit. Hesterno die, cum domi meae paene inter- fectus essem, senatum in aedem Jovis Statoris vocavi: rem omnem ad patres conscriptos detuli. ¹Quo cum Catilina venisset, quis eum senator appellavit? quis salu- tavit? quis denique ita aspexit, ut perditum civem, ac non potius ut importunissimum hostem? Quin etiam principes ejus ordinis partem illam subselliorum, ad quam ille accesserat, nudam atque inanem reliquerunt. Hic ego 'vehemens ille consul, qui verbo cives in exsilium ejicio, quaesivi a Catilina, an nocturno conventu apud M. Laecam fuisset, necne. Cum ille 10homo audacissimus, conscientia convictus, primo reticuisset: patefeci cetera. 11Quid ea nocte egisset, quid 12in proximam constituisset, quemadmodum esset ei ratio totius belli descripta, edocui. 13 Cum haesitaret, cum teneretur; quaesivi, quid dubitaret eo proficisci, quo jampridem pararat: cum arma, *cum se- cures, cum fasces, cum tubas, cum signa militaria, cum Aquilam illam argenteam, cui ille etiam sacrarium scele- 2* 18 ORATIO II. IN L. CATILINAM. rum domi suae fecerat, scirem esse praemissam. ¹In ex- silium ejiciebam, quem jam ingressum esse in bellum vi- debam? Etenim, credo, Manlius iste centurio, qui in agro Fesulano castra posuit, bellum populo Romano suo nomine indixit: et illa castra nunc non Catilinam ducem exspectant: et ille, ejectus in exsilium, se ³Massiliam, non in haec castra conferet. VII. O CONDITIONEM miseram, non modo administrandae, verum etiam conservandae reipublicae? Nunc, si L. Ca- tilina, consiliis, laboribus, periculis meis 4circumclusus. ac debilitatus, subito pertimuerit, sententiam mutaverit, deseruerit suos, consilium bellum faciundi abjecerit, ex hoc cursu sceleris et belli, iter ad fugam atque in exsilium converterit: non ille a me 5spoliatus armis audaciae, non obstupefactus ac perterritus mea diligentia, non de spe conatuque depulsus, sed indemnatus, innocens, in exsi- lium ejectus a consule vi et minis, esse dicetur et erunt, qui illum, si hoc fecerit, non improbum, sed miserum; me non diligentissimum consulem, sed crudelissimum ty- rannum existimari velint. Est mihi tanti, Quirites, hu- jus invidiae falsae atque iniquae tempestatem subire, dum- modo a vobis hujus horribilis belli ac nefarii periculum depellatur. Dicatur sane ejectus esse a me, dummodo eat in exsilium. Sed mihi credite, non est iturus. Num- quam ego a diis immortalibus optabo, Quirites, invidiae meae levandae causa, ut L. Catilinam ducere exercitum hostium, atque in armis volitare audiatis: sed triduo ta- men audietis: multoque magis illud timeo, ne mihi sit invidiosum aliquando, quod illum emiserim potius, quam quod ejecerim. Sed cum sint homines, qui illum, ¹ºcum profectus sit, ejectum esse dicant, iidem, si interfectus. esset, quid dicerent? Quamquam isti, qui Catilinam Mas- siliam ire dictitant, non tam hoc queruntur, quam veren- tur. Nemo est istorum tam misericors, qui illum non ad Manlium, quam ad Massilienses ire malit. Ille autem, si mehercule 12hoc, quod agit, nunquam ante cogitasset, tamen latrocinantem se interfici mallet, quam exsulem ORATIO TI. IN L. CATILINAM. 19 vivere. Nunc vero, cum ei nihil adhuc praeter ipsius voluntatem cogitationemque acciderit, nisi quod 'vivis no- bis Roma profectus est; optemus potius, ut eat in ex- silium, quam queramur. VIII. SED cur tamdiu de uno hoste loquimur: et de eo hoste, qui jam fatetur se esse hostem; et quem, quia, quod semper volui, murus interest, non timeo: de his, qui dissimulant, qui Romae remanent, qui nobiscum sunt, nihil dicimus? Quos quidem ego, si ullo modo fieri pos- sit, non tam ulcisci studeo, quam sanare, et ipsos pla- care reipublicae; neque, id quare fieri non possit, si me audire volent, intelligo. Exponam enim vobis, Quirites, 4ex quibus generibus hominum istae copiae comparentur : 'deinde singulis medicinam consilii atque orationis meae, si quam potero, afferam. Unum genus est eorum, qui, ❝magno in aere alieno, majores etiam possessiones habent: quarum amore adducti, dissolvi nullo modo possunt. "Ho- rum hominum species est honestissima; (sunt enim locu- pletes :) voluntas vero, et causa impudentissima. Tu agris, tu aedificiis, tu argento, tu familia, tu rebus omni- bus ornatus et copiosus sis: et dubites de possessione 1ºdetrahere, acquirere ad fidem? Quid enim exspectas? bellum? quid? ergo, in vastatione omnium, tuas possessi- ones sacrosanctas futuras putas? 12an tabulas novas ? errant, qui istas a Catilina exspectant. 13 Meo beneficio tabulae novae proferentur, verum auctionariae. Neque enim isti, qui possessiones habent, alia ratione ulla salvi esse possunt. 14Quod si maturius facere voluissent, 15ne- que, (id quod stultissimum est,) certare cum usuris fru- ctibus praediorum; 16et locupletioribus his et melioribus civibus uteremur. Sed hosce homines minime puto per- timescendos, quod aut deduci de sententia possunt; aut, si permanebunt, 17magis mihi videntur vota facturi contra rempublicam, quam arma laturi. IX. ALTERUM genus est eorum, qui, quamquam pre- muntur aere alieno, 18dominationem tamen exspectant: re- rum potiri volunt: honores, quos quieta republica despe 20 ORATIO II. IN L. CATILINAM. rant, perturbata consequi se posse arbitrantur. Quibus hoc · praecipiendum videtur, unum scilicet et idem, quod cete- ris omnibus, 2ut desperent, se id, quod conantur, con- sequi posse ³primum omnium me ipsum vigilare, adesse, providere reipublicae: deinde magnos animos esse in bonis viris, magnam concordiam, maximam multitudinem, magnas praeterea copias militum: deos denique immortales huic invicto populo, clarissimo imperio, pulcherrimae urbi, contra Stantam vim sceleris, praesentes auxilium esse laturos. Quodsi jam sint id, quod cum summo furore cupiunt, adepti; num illi in cinere urbis, et sanguine civium, quae mente conscelerata ac nefaria concupierunt, consules se, ac dictatores, aut etiam reges sperant futu- ros? Non vident id se cupere, quod si adepti fuerint, fugitivo alicui, aut gladiatori concedi necesse sit? Ter- tium genus est aetate jam affectum, sed tamen exerci- tatione robustum: quo ex genere est ipse Manlius, cui nunc Catilina succedit. Hi sunt homines ex iis coloniis, ⁹quas Sulla constituit: 10quas ego universas civium esse optimorum et fortissimorum virorum sentio: sed tamen hi sunt coloni, qui se in insperatis repentinisque pecuniis sumtuosius insolentiusque jactarunt. Hi, dum aedificant, ¹¹tamquam beati; 12dum praediis, lecticis, familiis mag- nis, conviviis apparatis delectantur; in tantum aes alienum inciderunt, ut, si 13salvi esse velint, Sulla sit iis ab in- feris excitandus: qui etiam nonnullos agrestes, 14homines tenues atque egentes, in eandem illam 15spem rapinarùm veterum impulerunt. Quos ego utrosque, Quirites, in eodem genere praedatorum direptorumque pono. Sed eos hoc moneo: desinant furere, ac 16proscriptiones et dicta- turas cogitare. 17Tantus enim illorum temporum dolor inustus est civitati, ut jam ista non modo homines, sed 18ne pecudes quidem mihi passurae esse videantur. X. 19QUARTUM genus est sane varium, et mistum, et turbulentum: 20qui jampridem premuntur; qui nunquam emergent: qui partim inertia, 21partim male gerendo ne- gotio, partim etiam sumtibus, 22in vetere aere alieno va- ORATIO II. IN L. CATILINAM. 21 cillant: qui ¹vadimonis, judiciis, proscriptionibus bonorum defatigati, permulti et ex urbe, et ex agris se in illa castra conferre dicuntur. Hosce ego non tam milites acres, quam infitiatores lentos esse arbitror. Qui homi- nes, ³primum, *si stare non possunt, corruant: sed ita, ut non modo civitas, sed ne vicini quidem proximi sentiant. Nam illud non intelligo, quamobrem, si vivere honeste non possunt, perire turpiter velint: aut cur minore do- lore perituros se cum multis, quam si soli pereant, arbi- trentur. Quintum genus est parricidarum, sicariorum, denique omnium facinorosorum: quos ego a Catilina non revoco. Nam neque divelli ab eo possunt: et pereant sane in latrocinio, quoniam sunt ita multi, ut eos capere carcer non possit. "Postremum autem genus est, non solum numero, verum etiam genere ipso atque vita: quod proprium est Catilinae, de ejus delectu, immo vero ⁹de complexu ejus ac sinu: quos pexo capillo, nitidos, aut imberbes, aut bene barbatos videtis: 11manicatis et ta- laribus tunicis; 12velis amictos, non togis: quorum omnis industria vitae, et vigilandi labor in 13antelucanis coenis expromitur. In his gregibus omnes aleatores, omnes adul- teri, omnes impuri impudicique versantur: hi pueri tam lepidi ac delicati, non solum cantare et saltare, sed etiam sicas vibrare, et spargere venena didicerunt: qui nisi exeunt, nisi pereunt, etiamsi Catilina perierit, scitote hoc in republica 14seminarium Catilinarum futurum. Verum- tamen quid sibi isti miseri volunt? Quo pacto illi 15 Apen- ninum, atque illas pruinas ac nives perferent? Nisi id- circo se facilius hiemem toleraturos putant, quod 16nudi in conviviis saltare didicerunt. - XI. O BELLUM "magnopere pertimescendum, cum hanc sit habiturus Catilina scortorum cohortem praetoriam! Instruite nunc, Quirites, contra has tam praeclaras Cati- linae copias vestra praesidia, vestrosque exercitus: et primum gladiatori illi 18confecto et saucio consules im- peratoresque vestros opponite: deinde, contra 19illam nau- fragorum ejectam ae debilitatam manum, florem, totius 22 ORATIO II. IN L. CATILINAM. Italiae ac robur educite. ¹Jam vero urbes coloniarum, ac municipia, respondebunt Catilinae cumulis silvestribus. Neque vero ceteras copias, ornamenta, praesidia vestra, cum illius latronis inopia atque egestate conferre debeo. Sed si, omissis his rebus omnibus, quibus nos suppedita- mur, eget ille, senatu, equitibus Romanis, populo, urbe, aera- rio, vectigalibus, cuncta Italia, provinciis omnibus, exte- ris nationibus: si his rebus omissis, ipsas causas, quae inter se confligunt, contendere velimus; ex eo ipso, quam valde illi jaceant, intelligere possumus. Ex hac enim parte pudor pugnat, illinc petulantia: hinc pudicitia, illinc stuprum: hinc fides, illinc fraudatio: hinc pietas, illinc scelus: hinc constantia, illinc furor: hinc hones- tas, illinc turpitudo: hinc continentia, illinc libido: de- nique aequitas, temperantia, fortitudo, prudentia, virtutes omnes, certant cum iniquitate, cum luxuria, cum ignavia, cum temeritate, cum vitiis omnibus: postremo copiae cum egestate, 1ºbona ratio cum perdita, mens sana cum amentia, bona denique spes cum omnium rerum despe- ratione confligit. In hujusmodi certamine ac praelio, nonne, etiamsi ¹¹hominum studia deficiant, dii ipsi im- mortales cogent ab his praeclarissimis virtutibus tot et tanta vitia superari? XII. QUAE cum ita sint, Quirites, vos 12quemadmodum jam antea vestra tecta custodiis vigiliisque defendite : mihi, ut ¹³urbi sine vestro motu, ac sine ullo tumultu, satis esset praesidii, consultum ac provisum est. Coloni omnes 14municipesque vestri, certiores a me facti 15de hac nocturna excursione Catilinae, facile urbes suas finesque defendent: gladiatores, quam sibi ille maximam manum et certissimam fore putavit, 16quamquam meliore animo sunt, quam pars patriciorum, potestate tamen nos- tra continebuntur. 17Q. Metellus, quem ego prospiciens. hoc in agrum Gallicanum Picenumque praemisi, 18aut op- primet hominem, aut omnes ejus motus conatusque pro- hibebit. 19Reliquis autem de rebus constituendis, matur- andis, agendis, jam ad senatum referemus, quem vocari ORATIO JI. IN L. CATILINAM. 23 · videtis. Nunc illos, qui in urbe remanserunt, ²atque adeo qui contra urbis salutem, omniumque vestram, in urbe a Catilina relicti sunt, quamquam sunt hostes, tamen, quia nati sunt cives, ³monitos eos etiam atque etiam volo. Mea lenitas adhuc si cui solutior visa est, hoc exspec- tavit, ut id, quod latebat, erumperet. Quod reliquum est, jam non possum oblivisci, meam hanc esse patriam, me horum esse consulem ; mihi aut cum his vivendum, aut pro his esse moriendum. Nullus est portae custos: nul- lus insidiator viae: si qui exire volunt, consulere sibi possunt. Qui vero in urbe se commoverit, cujus ego non modo factum, sed inceptum ullum conatumve contra patriam deprehendero: sentiet in hac urbe esse consules vigilantes, esse egregios 'magistratus, esse fortem sena- tum, esse arma, esse carcerem, quem vindicem nefario- rum ac manifestorum scelerum majores nostri esse vo- luerunt. XIII. ATQUE haec omnia sic agentur, Quirites, ut res maximae minimo motu, pericula summa nullo tumultu, bel- lum intestinum ac domesticum, post hominum memoriam crudelissimum ac maximum, me uno togato duce et im- peratore, sedetur. Quod ego sic administrabo, Quirites, ut, si ullo modo fieri poterit, ne improbus quidem quis- quam in hac urbe poenam sui sceleris sufferat. Sed si vis manifestae audaciae, si impendens patriae periculum me necessario de hac animi lenitate deduxerit; illud pro- fecto perficiam, quod in tanto et tam insidioso bello vix optandum videtur, ut ne quis bonus intereat, paucorumque poena vos jam omnes salvi esse possitis. Quae quidem ego neque mea prudentia, neque humanis consiliis fretus polliceor vobis, Quirites; sed multis, et non dubiis deo- rum immortalium 10significationibus, quibus ego ducibus in hanc spem sententiamque sum ingressus: qui jam non procul, ut quondam solebant, lab externo hoste atque longinquo, sed hic 12praesentes suo nuinine atque auxilio sua templa atque urbis tecta defendunt: 13quos vos, Qui- rites, precari, venerari, atque implorare debetis, ut, quam 24 ORATIO II. IN L. CATILINAM. urbem pulcherrimam, florentissimam, potentissimamque esse voluerunt, hanc omnibus hostium copiis terra mari- que superatis, a perditissimorum civium nefario scelere defendant. 'M. TULLII CICERONIS ORATIO IN L. CATILINAM TERTIA, AD QUIRITES. I. REMPUBLICAM, Quirites, vitamque omnium vestrum, bona, fortunas, conjuges, liberosque vestros, atque ³hoc do- micilium clarissimi imperii, fortunatissimam pulcherrimam- que urbem, hodierno die, deorum immortalium summo erga vos amore, laboribus, consiliis, periculisque meis, ex flamma atque ferro, ac paene ex faucibus fati erep- tam, et vobis conservatam ac restitutam videtis. Et, si non minus vobis jucundi atque illustres sunt ii dies, qui- bus conservamur, quam illi, quibus nascimur; quod salu- tis certa laetitia est, nascendi incerta conditio: et quod 'sine sensu nascimur, cum voluptate servamur: profecto, quoniam illum, qui hanc urbem condidit, ad deos im- mortales benevolentia famaque sustulimus; esse apud vos posterosque vestros in honore debebit 10is, qui eandem hanc urbem conditam amplificatamque servavit. Nam toti urbi, ¹¹templis, delubris, tectis ac moenibus subjectos prope jam ignes circumdatosque restinximus: iidemque gladios in rempublicam destrictos retudimus, mucronesque eorum ab jugulis vestris dejecimus. 12Quae quoniam in senatu illus- trata, patefacta, comperta sunt per me, vobis jam expo- nam breviter, Quirites, ut et quanta, et 13quam manifesta, et qua ratione investigata et comprehensa sint, vos, qui ignoratis, ¹¹ex actis scire possitis. Principio, 15ut Catili- 3 26 ORATIO III. IN L. CATILINAM. na paucis ante diebus erupit ex urbe, cum sceleris sui socios, hujusce nefarii belli acerrimos duces, Romae re- liquisset; semper vigilavi, et providi, Quirites, quemad- modum in tantis et tam absconditis insidiis salvi esse possemus. II. NAM tum, cum ex urbe Catilinam ejiciebam, (non enim jam vereor hujus verbi invidiam, cum illa magis sit timenda, quod vivus exierit,) sed tum, cum illum ³ex- terminari volebam, aut reliquam conjuratorum manum si- mul exituram, aut eos, qui restitissent, infirmos sine illo ac debiles fore putabam. At ego, ut vidi, quos maximo furore et scelere esse inflammatos sciebam, eos nobis- cum esse, et Romae remansisse: in eo omnes dies noc- tesque consumsi, ut, quid agerent, quid molirentur, senti- rem ac viderem: ut, quoniam auribus vestris, propter in- credibilem magnitudinem sceleris, minorem fidem faceret oratio mea, frem ita comprehenderem, ut tum demum animis saluti vestrae provideretis, cum oculis maleficium ipsum videretis. Itaque ut comperi, legatos Allobrogum, belli Transalpini, et tumultus Gallici excitandi causa, 9a P. Lentulo esse sollicitatos, eosque in Galliam ad suos, cives, ¹ºeodemque itinere, cum literis mandatisque, ad Catilinam esse missos, comitemque iis adjunctum Vul- turcium, atque huic datas esse ad Catilinam literas ; facul- tatem mihi oblatam putavi, ut, quod erat difficillimum, quodque ego semper 12optabam a diis immortalibus, tota res non solum a me, sed etiam a senatu, et a vobis ma- nifesto deprehenderetur. Itaque hesterno die 13L. Flac- cum et C. Pomtinum praetores, fortissimos atque aman- tissimos reipublicae viros, ad me vocavi: rem omnem exposui: quid fieri placeret, ostendi. Illi autem, qui omnia de republica praeclara atque egregia sentirent, sine recusatione, ac sine ulla mora negotium susceperunt, et, 15 cum advesperasceret, occulte ad pontem Mulvium per- venerunt, atque, ibi, in proximis villis, ita 17bipartito fue- runt, ut Tiberis inter eos, et pons interesset. Eodem autem et ipsi, sine cujusquam suspicione, multos fortes viros 11 ORATIO III. IN L. CATILINAM. 27 eduxerunt, et ego 'ex praefectura Reatina complures de- lectos adolescentes, quorum opera in republica assidue utor, praesidio cum gladiis miseram. Interim tertia fere vigilia exacta, cum jam pontem Mulvium 3magno comi- tatu legati Allobrogum ingredi inciperent, unaque Vultur- cius, fit in eos impetus: educuntur et ab illis gladii, et a nostris: res erat praetoribus nota solis: ignorabatur a ceteris. III. TUM, 'interventu Pomtini atque Flacci, pugna, quae erat commissa, sedatur. Litterae, quaecunque erant in eo comitatu, integris signis, praetoribus traduntur: 5ipsi, comprehensi, ad me, cum jam dilucesceret, deducuntur. Atque horum omnium scelerum improbissimum machi- natorem Cimbrum Gabinium, statim ad me, nihildum suspicantem, vocavi. Deinde item arcessitur L. Statilius, et post eum C. Cethegus; tardissime autem Lentulus venit, credo quod litteris dandis, 1ºpraeter consuetudinem, proxima nocte vigilarat. Cum vero summis ac clarissi- mis hujus civitatis viris, qui, andita re, frequentes ad me mane convenerant, litteras a me prius aperiri, quam ad senatum ¹¹deferri, placeret; ne, 12si nihil esset inventum, temere a me tantus tumultus injectus civitati videretur; negavi me esse facturum, ut de periculo publico non ad consilium publicum rem integram deferrem. Etenim, Quirites, si ea, 13quae erant ad me delata, reperta non essent; tamen ego non arbitrabar in tantis reipublicae periculis mihi esse nimiam diligentiam pertimescendam. Senatum frequentem celeriter, ut vidistis, coëgi. Atque interea statim, admonitu Allobrogum, C. Sulpicium, prae- torem, fortem virum, misi, qui ex aedibus Cethegi, 15si quid telorum esset, efferret: ex quibus ille maximum sicarum numerum et gladiorum extulit. IV. INTRODUXI Vulturcium sine Gallis: 16fidem ei pub- licam, jussu senatus, dedi: hortatus sum, ut ea, quae sciret, sine timore indicaret. Tum ille, cum vix se ex magno timore "recreasset, dixit: a P. Lentulo se habere ad Catilinam 18mandata et litteras, ut servorum praesidio 14 L. 28 ORATIO III. IN L. CATILINAM. ¹uteretur, et ad urbem quamprimum cum exercitu accede- ret: 2id autem eo consilio, ut, cum urbem omnibus ex partibus, quemadmodum descriptum distributumque erat, in- cendissent, caedemque infinitam civium fecissent, ³praesto esset ille, qui et fugientes exciperet, et se cum his urba- nis ducibus conjungeret. Introducti autem Galli, jusju- randum sibi et litteras a P. Lentulo, Cethego, Statilio ad suam gentem datas esse dixerunt: atque ita sibi ab his, et a 5L. Cassio esse praescriptum, ut equitatum in Italiam quamprimum mitterent: pedestres sibi copias non defu- turas: Lentulum autem sibi confirmasse, ex fatis Sibyl- linis aruspicumque responsis, se esse tertium illum Cor- nelium, ad quem regnum hujus urbis atque imperium pervenire esset necesse: Cinnam ante se et Sullam fuisse: eundemque dixisse, 10fatalem hunc esse annum ad interitum hujus urbis atque imperii, qui esset decimus annus 11post virginum absolutionem, 12post Capitolii autem incensionem vicesimus. Hanc autem Cethego cum cete- ris controversiam fuisse dixerunt, quod Lentulo et aliis, caedem 13 Saturnalibus fieri, atque urbem incendi placeret; Cethego nimium id longum 14videri. V. Ac, 15ne longum sit, Quirites, tabellas proferri jussi- mus, quae a quoque dicebantur datae. Primum ostendimus Cethego 16signum: cognovit. Nos linum incidimus: legi- mus. Erat scriptum ipsius manu Allobrogum senatui et populo, sese, 17quae eorum legatis confirmasset, esse fac- turum: orare, ut item illi facerent, quae sibi legati eorum recepissent. Tum Cethegus, qui paullo ante aliquid 18ta- men de gladiis ac sicis, quae apud ipsum erant deprehen- sae, respondisset, dixissetque se semper 19bonorum ferra- mentorum studiosum fuisse, 20recitatis litteris debilitatus atque abjectus, conscientia. convictus, repente conticuit. Introductus Statilius, cognovit signum et manum suam. Recitatae sunt tabellae in eandem fere sententiam: con- fessus est. Tum ostendi tabellas Lentulo; et quaesivi, 22cognosceretne signum? annuit. Est vero, inquam, signum notum, imago avi tui, 23clarissimi viri, qui amavit 24unice 2 ORATIO III. IN L. CATILINAM. 29 patriam et cives suos; quae quidem te a tanto scelere etiam muta revocare debuit. Leguntur eadem ratione ad senatum Allobrogum populumque litterae: si quid de his rebus dicere vellet, feci potestatem. Atque ille primo quidem negavit: post autem aliquanto, toto jam indicio exposito atque edito, surrexit: quaesivit a Gallis, quid sibi esset cum iis: quamobrem domum suam venissent; itemque a Vulturcio: qui cum illi breviter constanterque respondissent, per quem ad eum, quotiesque venissent, quaesissentque ab eo, nihilne secum esset de fatis Sibyl- linis locutus: tum ille subito, scelere demens, quanta vis conscientiae esset, ostendit. Nam, cum id posset in- fitiari repente praeter opinionem omnium confessus est. *Ita eum non modo ingenium illud, et dicendi exercitatio, qua semper valuit, sed etiam, 7propter vim sceleris mani- festi atque deprehensi, impudentia, qua superabat omnes, improbitasque defecit. Vulturcius vero subito proferri litteras atque aperiri jussit, quas sibi a Lentulo ad Cati- linam datas esse dicebat. Atque ibi vehementissime per- turbatus Lentulus tamen et signum suum et manum cog- novit. Erant autem scriptae sine nomine, sed ita: "Qui sim ex eo, quem ad te misi, cognosces. Cura, ut vir sis, et ¹ºquem in locum sis progressus cogita, et vide quid jam tibi sit necesse. Cura, ut omnium tibi auxilia ad- jungas, ¹¹etiam infimorum." Gabinius deinde introductus, cum primo impudenter respondere coepisset, ad extremum nihil ex iis, quae Galli 12insimulabant, negavit. Ac mihi quidem, Quirites, 13cum illa certissima sunt visa argu- menta atque indicia sceleris, tabellae, signa, manus, de- nique uniuscujusque confessio; tum multo illa certiora, color, oculi, vultus, taciturnitas. 14Sic enim obstupuerant, sic terram intuebantur, sic furtim nonnumquam inter se adspiciebant, ut non jam ab aliis indicari, sed indicare se ipsi viderentur. 10 VI. INDICIIS 15expositis atque editis, Quirites, senatum consului, ¹6de summa republica quid fieri placeret. Dictae sunt 17a principibus 18accerrimae ac fortissimae sententiae, moth 3* 30 ORATIO III. IN L. CATILINAM. quas senatus sine ulla varietate est consecutus. Et quoniam nondum est ¹perscriptum senatus consultum, ex memoria vobis, Quirites, quid senatus censuerit, exponam. Primum mihi gratiae verbis amplissimis aguntur, quod virtute, consilio, providentia mea, respublica periculis sit maximis liberata: deinde L. Flaccus et C. Pomtinus praetores, quod eorum opera forti fidelique usus essem, merito ac jure laudantur: atque etiam ³viro forti, collegae meo, laus impertitur, quod eos, qui hujus conjurationis participes fuissent, a suis et reipublicae consiliis remo- visset. Atque ita censuerunt, ut P. Lentulus, cum se praetura abdicasset, tum in custodiam traderetur: item- que uti C. Cethegus, L. Statilius, P. Gabinius, qui omnes praesentes erant, in custodiam traderentur: atque idem hoc decretum est in L. Cassium, qui sibi 7procurationem incendendae urbis depoposcerat: in M. Caeparium, cui ad sollicitandos pastores Apuliam esse attributam, erat indicatum in P. Furium, qui est ex his colonis, quos Fesulas L. Sulla deduxit; in Q. Manlium Chilonem, qui una cum hoc Furio semper erat in hac Allobrogum solli- citatione versatus: in P. Umbrenum, libertinum homi- nem, a quo primum Gallos ad Gabinium ¹¹perductos esse constabat. 12Atque ea lenitate senatus est usus, Quirites, ut ex tanta conjuratione, tantaque vi ac multitudine do- mesticorum hostium, 13novem hominum perditissimorum poena republica conservata, reliquorum mentes sanari posse arbitraretur. Atque etiam 14supplicatio diis immor- talibus, pro singulari eorum merito, meo nomine decreta est, Quirites: quod mihi primum post hanc urbem con- ditam istogato contigit: et his decreta verbis est, "Quod urbem incendiis, caede cives, Italiam bello liberassem." Quae supplicatio si cum ceteris conferatur, Quirites, ¹hoc intersit, quod ceterae bene gesta, haec una, conservata republica, constituta est. 17Atque illud, quod faciendum primum fuit, 18factum atque transactum est. Nam P. Len- tulus, quamquam 19patefactus indiciis et confessionibus suis, judicio senatus, non modo praetoris jus, verum etiam $ ORATIO III. IN L. CATILINAM. 31 civis amiserat; tamen magistratu se abdicavit: ¹ut, quae religio C. Mario, clarissimo viro, non fuerat, quo minus C. Glauciam, de quo nihil nominatim erat decretum, prae- torem occideret, ea nos religione in privato P. Lentulo puniendo liberaremur. VII. NUNC, quoniam, Quirites, sceleratissimi periculo- sissimique belli nefarios duces 2captos jam et compre- hensos tenetis, existimare debetis, omnes Catilinae copias, omnes spes atque opes, his depulsis urbis periculis, conci- disse. Quem quidem ego cum ex urbe pellebam, hoc pro- videbam animo, Quirites, remoto Catilina, nec mihi esse P. Lentuli somnum, nec L. Cassii adipem, nec Cethegi furiosam temeritatem pertimescendam. 6Ille erat unus timendus ex his omnibus, sed tamdiu, dum moenibus urbis continebatur. Omnia norat, 'omnium aditus tenebat; ap- pellare, tentare, sollicitare poterat, audebat: erat ei con- silium ad facinus aptum : consilio autem neque lingua, ne- que manus deerat. Jam ad certas res conficiendas certos homines delectos ac descriptos habebat. Neque vero, cum aliquid mandaverat, confectum putabat. 1ºNihil erat, quod non ipse obiret, occurreret, vigilaret, laboraret: 1¹fri- gus, sitim, famem ferre poterat. Hunc ego hominem, ¹²tam acrem, tam paratum, tam audacem, tam callidum, tam in scelere vigilantem, tam 13in perditis rebus diligentem, nisi ex domesticis insidiis in castrense latrocinium compulis- sem, (dicam id, quod sentio, Quirites,) non facile hanc tantam molem mali a cervicibus vestris depulissem. Non ille nobis Saturnalia constituisset, 15neque tanto ante exi- tii et fati diem reipublicae denuntiasset, 15neque commi- sisset, ut signum, ut litterae suae, testes denique mani- festi sceleris deprehenderentur. Quae nunc, illo absente, sic gesta sunt, ut nullum in privata domo furtum umquam sit tam palam inventum, quam haec tanta in republica conjuratio manifesto inventa atque deprehensa est. Quodsi Catilina in urbe ad hanc diem remansisset: quamquam, quoad fuit, omnibus ejus consiliis 16occurri atque obstiti, tamen, ut levissime dicam, dimicandum nobis cum illo 32 ORATIO III. IN L. CATILINAM. fuisset, neque nos umquam, dum ille in urbe hostis fuis- set, tantis periculis rempublicam, tanta pace, tanto otio, tanto silentio, liberassemus. VIII. QUAMQUAM haec omnia, Quirites, ita sunt a me administrata, ut deorum immortalium 'nutu atque consi- lio et gesta et provisa esse videantur. Idque cum 2con- jectura consequi possumus, quod vix videtur humani con- silii tantarum rerum gubernatio esse potuisse: tum vero ³ita praesentes his temporibus opem et auxilium nobis tulerunt, ut eos paene oculis videre possemus. Nam, ut illa omittam, 5visas nocturno tempore ab occidente faces, ardoremque caeli, ut fulminum jactus, 7ut terrae motus, ut cetera, quae tam multa, nobis consulibus, facta sunt, ut haec, quae nunc fiunt, canere dii immortales vide- rentur: hoc certe, Quirites, quod sum dicturus, neque praetermittendum, neque relinquendum est. Nam profecto memoria tenetis, Cotta et Torquato consulibus, 10com- plures in Capitolio res de caelo esse percussas, cum et 12simulacra deorum immortalium 13depulsa sunt, et statuae veterum hominum dejectae, et 14legum aera lique- facta. Tactus est etiam ille, qui hanc urbem condidit, Romulus: 15quem inauratum in Capitolio parvum atque lactentem, uberibus lupinis inhiantem, fuisse meministis. Quo quidem tempore, cum aruspices 16ex tota Etruria convenissent, caedes atque incendia, et legum interitum, et bellum civile ac domesticum, et totius urbis atque im- perii occasum appropinquare dixerunt, nisi dii immortales, omni ratione placati, 17suo numine prope fata ipsa flexis- sent. Itaque illorum responsis tunc et 18ludi decem per dies facti sunt, neque res ulla, quae 19ad placandum deos pertineret, praetermissa est: iidemque jusserunt, simulacrum Jovis facere 20majus, et in excelso collocare, et contra, ,atque ante fuerat, ad orientem convertere: ac se sperare dixerunt, si illud signum, quod videtis, solis ortum, et forum, curiamque conspiceret, fore, ut ea consilia, quae clam essent inita contra salutem urbis atque imperii 21illustrarentur, ut a senatu populoque Romano perspici ORATIO III. IN L. CATILINAM. 33 possent. Atque illud ita collocandum consules illi ¹loca- verunt; sed tanta fuit operis tarditas, ut neque a ²superio- ribus consulibus, neque a nobis ante hodiernum diem col- locaretur. IX. Hic quis potest esse, Quirites, ³tam aversus a vero, tam praeceps, tam mente captus, qui neget, haec omnia, quae videmus, praecipueque hanc urbem, deorum immor- talium nutu atque potestate administrari? Etenim cum esset ita responsum, caedes, incendia, interitumque reipu- blicae comparari, et ea a perditis civibus; quae tum propter magnitudinem scelerum nonnullis incredibilia videbantur, ea non modo cogitata a nefariis civibus, verum etiam suscepta esse sensistis. Illud vero nonne ita praesens est, ut nutu Jovis Optimi Maximi factum esse videatur, ut, cum hodierno die mane per forum meo jussu et con- jurati, et eorum indices, in aedem Concordiae duceren- tur, eo ipso tempore signum statueretur? Quo collocato, atque ad vos senatumque converso, omnia et senatus, et vos, quae erant contra salutem omnium cogitata, illustrata et patefacta vidistis. Quo etiam majore sunt isti odio supplicioque digni, qui non solum vestris domiciliis atque tectis, sed etiam deorum templis atque delubris sunt fu- nestos ac nefarios ignes inferre conati. Quibus ego si me restitisse dicam, nimium mihi sumam, et non sim ferendus. 10Ille, ille Jupiter restitit: ille Capitolium, ille haec templa, ille hanc urbem, ille vos omnes salvos esse voluit. Diis ego immortalibus ducibus hanc mentem, Quirites, volunta- temque suscepi, atque ad haec tanta indicia perveni. 12Jam vero illa Allobrogum sollicitatio sic a Lentulo ceterisque do- mesticis hostibus suscepta, tanta res tam dementer credita et ignotis et barbaris, commissaeque litterae numquam essent profecto, nisi a diis immortalibus huic tantae audaciae consilium esset ereptum. Quid vero? ¹³ut homines Galli, ex civitate male pacata, quae gens una restat, quae po- pulo Romano bellum facere et posse et non nolle videa- tur, 14spem imperii et rerum amplissimarum ultro sibi a patriciis hominibus oblatam negligerent, vestramque salu- 34 ORATIO III. IN L. CATILINAM. tem 'suis opibus anteponerent; id non divinitus factum esse putatis? 2praesertim qui nos non pugnando, sed ta- cendo superarent? X. QUAMOBREM, Quirites, quoniam ad omnia pulvina- ria supplicatio decreta est, celebratote illos dies cum conjugibus ac liberis vestris. Nam multi saepe honores diis immortalibus justi habiti sunt ac debiti, sed profecto justiores numquam. Erepti enim ex crudelissimo ac mi- serrimo interitu, et erepti sine caede, sine sanguine, sine exercitu, sine dimicatione, 5togati, me uno togato duce et imperatore, vicistis. Etenim recordamini, Quirites, omnes civiles dissensiones, neque solum eas, quas audis- tis, sed et has, quas vosmetipsi meministis et vidistis. L. Sulla P. Sulpicium oppressit: ex urbe ejecit C. Ma- rium, 'custodem hujus urbis, multosque fortes viros par- tim ejecit ex civitate, partim interemit. Cn. Octavius, consul, armis ex urbe collegam suum expulit: omnis hic locus acervis corporum et civium sanguine redundavit. Superavit postea Cinna cum Mario; tum vero, 1ºclarissi- mis viris interfectis, lumina civitatis exstincta sunt. Ultus est hujus victoriae crudelitatem postea Sulla: nec dici quidem opus est, quanta deminutione civium, et quanta calamitate reipublicae. Dissentit 12M. Lepidus a claris- simo et fortissimo viro, Q. Catulo; attulit non tam ipsius interitus reipublicae luctum, quam ceterorum. 13 Atque illae dissensiones, Quirites, quae non ad delendam, sed ad commutandam rempublicam pertinerent: (non illi nullam esse rempublicam, sed in ea, quae esset, se esse principes neque hanc urbem conflagrare, sed se in hac urbe florere voluerunt ;) atque illae tamen omnes dissen- siones, quarum nulla exitium reipublicae quaesivit, ejus- modi fuerunt, ut non reconciliatione concordiae, sed inter- necione civium dijudicatae sint. In hoc autem uno post hominum memoriam maximo crudelissimoque bello, quale bellum 17nulla umquam barbaria 18cum sua gente gessit, quo in bello lex haec fuit a Lentulo, Catilina, Cassio, Cethego constituta, ut omnes, qui salva urbe salvi esse 16 ORATIO III. IN L. CATILINAM. 35 possent, in hostium numero ducerentur; ita me gessi, Quirites, ut omnes salvi conservaremini: et cum hostes vestri ¹tantum civium superfuturum putassent, quantum in- finitae caedi restitisset, tantum autem urbis, quantum flam- ma 2obire non potuisset: et urbem, et cives integros in- columesque servavi. XI. QUIBUS ³pro tantis rebus, Quirites, nullum ego a vo- bis praemium virtutis, nullum insigne honoris, nullum monu- mentum laudis postulo, praeterquam hujus diei memoriam sempiternam. In animis ego vestris omnes triumphos meos, omnia ornamenta honoris, monumenta gloriae, lau- dis insignia, condi et collocari volo. 5Nihil me mutum potest delectare, nihil tacitum, nihil denique hujusmodi, quod etiam minus digni assequi possint. Memoria vestra, Quirites, nostrae res alentur, sermonibus crescent, littera- rum monumentis inveterascent et corroborabuntur: 'eandem- que diem intelligo, et ad salutem urbis, quam spero aeter- nam fore, et ad memoriam consulatus mei propagandam : unoque tempore in hac republica duos cives exstitisse, quorum alter fines vestri imperii, non terrae, sed caeli regionibus terminaret; alter ejusdem imperii domicilium sedemque servaret. XII. SED, quoniam earum rerum, quas ego gessi, non 1ºest eadem fortuna atque conditio, quae illorum, qui ex- terna bella gesserunt; quod mihi cum his vivendum sit, quos vici ac subegi; listi hostes aut interfectos aut op- pressos reliquerunt: vestrum est, Quirites, 12si ceteris sua facta prosunt, mihi mea ne quando obsint, providere. 13Mentes enim hominum audacissimorum sceleratae ac nefariae ne vobis nocere possent, ego providi: ne mihi noceant, vestrum est providere. Quamquam, Quirites, mihi quidem ipsi nihil jam ab istis noceri potest. Mag- num enim est 15in bonis praesidium, quod mihi in per- petuum comparatum est: magna in republica dignitas, quae me semper tacita defendet: magna vis est conscientiae, quam qui negligent, cum me violare volent, 16se ipsi in- dicabunt. Est etiam in nobis is animus, Quirites, ut non 36 ORATIO III. IN L. CATILINAM. modo nullius audaciae cedamus, sed etiam omnes impro- bos ultro semper lacessamus. Quodsi omnis impetus domesticorum hostium, depulsus a vobis, se in me unum ¹converterit; vobis erit providendum, Quirites, "qua condi- tione posthac eos esse velitis, qui se pro salute vestra obtulerint invidiae periculisque omnibus. Mihi quidem ipsi quid est, quod jam ³ad vitae fructum possit acquiri, praesertim cum neque in honore vestro, neque in gloria virtutis, quidquam videam altius, quo quidem mihi libeat adscendere? Illud perficiam profecto, Quirites, ut ea, quae gessi in consulatu, privatus tuear atque ornem: ut, si qua est invidia in conservanda republica suscepta, lae- dat invidos, mihi valeat ad gloriam. Denique ita me in republica tractabo, ut meminerim semper quae gesserim, curemque, ut ea virtute, non casu, gesta esse videantur. Vos, Quirites, quoniam jam nox est, veneramini illum Jovem, custodem hujus urbis ac vestrum, atque in vestra tecta discedite et ea, quamquam jam periculum est de- pulsum, tamen aeque ac priori nocte, custodiis vigiliisque defendite. Id ne vobis diutius faciendum sit, atque ut in perpetua pace esse possitis, providebo, Quirites. J. 'M. TULLII CICERONIS ORATIO IN L. CATILINAM QUARTA, HABITA IN SENATU. I. VIDEO, patres conscripti, in me omnium vestram 2ora atque oculos esse conversos: video vos non solum de vestro ac reipublicae, verum etiam, ³si id depulsum sit, de meo periculo esse sollicitos. Est mihi jucunda in malis, et grata in dolore, vestra erga me voluntas: sed eam, per deos immortales! quaeso, "deponite, atque, obliti salutis meae, de vobis ac de liberis vestris cogitate. Mihi quidem si haec conditio consulatus data est, ut omnes acerbitates, omnes dolores cruciatusque perferrem; feram non solum fortiter, sed etiam libenter, dummodo meis la- boribus vobis populoque Romano 'dignitas salusque paria- tur. Ego sum ille consul, patres conscripti, cui non forum, in quo omnis aequitas continetur; non campus, ¹ºconsularibus auspiciis consecratus; non curia, ¹¹summuin auxilium omnium gentium; 12non domus, commune per- fugium; ¹³non lectus ad quietem datus; non denique 14haec sedes honoris, umquam vacua mortis periculo atque insidiis fuit. Ego 15multa tacui, multa pertuli, multa con- cessi, multa meo quodam dolore, 16in vestro timore, sa navi. Nunc, si hunc exitum consulatus mei dii immor- tales esse voluerunt, ut vos, patres conscripti, populumque Romanum ex caede "miserrima; conjuges, liberosque ves- tros, virginesque Vestales 18ex acerbissima vexatione; templa atque delubra, hanc pulcherrimam patriam omnium 4 38 ORATIO IV. IN L. CATILINAM. nostram ex foedissima flamma; totam Italiam ex bello et vastitate eriperem: ¹quaecunque mihi uni proponetur fortuna, subeatur. Etenim, si P. Lentulus suum nomen, 2inductus a vatibus, ³fatale ad perniciem reipublicae fore putavit; cur ego non laeter meum consulatum ad salutem reipublicae prope fatalem exstitisse? II. QUARE, patres conscripti, consulite vobis, 'prospi- cite patriae, conservate vos, conjuges, liberos, fortunasque vestras, populi Romani nomen salutemque defendite: mihi parcere, ac de me cogitare desinite. Nam primum debeo sperare, Somnes deos, qui huic urbi praesident, 6pro eo mihi, ac mereor, relaturos gratiam esse: deinde, si quid obtigerit, aequo animo paratoque moriar. Neque enim turpis mors forti viro potest accidere, neque immatura consulari, nec misera 10sapienti. Nec tamen ego sum ¹¹ille ferreus, qui 12fratris carissimi atque amantissimi praesentis moerore non movear, horumque omnium lacry- mis, a quibus me 13 circumsessum videtis. Neque meam mentem non domum saepe revocat 14exanimata uxor, 15ab- jecta metu filia, et 16parvulus filius, quem mihi videtur 17amplecti respublica tamquam obsidem consulatus mei: neque ille, qui, exspectans hujus exitum diei, adstat in conspectu meo, 18gener. 19Moveor his rebus omnibus, sed in eam partem, ut salvi sint vobiscum omnes, etiamsi vis aliqua me oppresserit, potius quam et illi et nos una cum republica pereamus. Quare, patres conscripti, 20incumbite ad reipublicae salutem: circumspicite omnes procellas, quae impendent, nísi providetis. 21Non Tib. Gracchus, qui iterum tribunus plebis fieri voluit: non C. Gracchus, qui agrarios concitare conatus est: non L. Saturninus, qui C. Memmium occidit, in discrimen aliquod, atque in vestrae severitatis judicium adducitur. 22Tenentur ii, qui ad urbis incendium, ad vestram omnium caedem, ad Ca- tilinam accipiendum, Romae restiterunt: tenentur litterae, signa, manus, denique uniuscujusque confessio: 23sollici- tantur Allobroges: servitia excitantur: Catilina arcessitur: id est initum consilium, ut, interfectis omnibus, nemo ne ORATIO IV. IN L. CATILINAM. 39 ad deplorandum quidem reipublicae nomen, atque ad la- mentandam tanti imperii calamitatem relinquatur. III. HAEC omnia indices detulerunt, ¹rei confessi sunt: vos multis jam indiciis judicastis: primum, quod mihi gratias egistis 2singularibus verbis; et ³mea virtute atque diligentia perditorum hominum patefactam esse conju- rationem decrevistis: deinde quod P. Lentulum, ut se abdicaret praetura, coëgistis: tum quod eum, et ceteros, 'de quibus judicastis, in custodiam dandos censuistis: maximeque quod meo nomine supplicationem decrevistis, qui honos "togato habitus ante me est nemini: postremo hesterno die praemia legatis Allobrogum, Titoque Vul- turcio dedistis amplissima. Quae sunt omnia ejusmodi, ut ii, qui in custodiam nominatim dati sunt, sine ulla dubitatione a vobis "damnati esse videantur. 8Sed ego institui referre ad vos, patres conscripti, tamquam inte- grum, et de facto, quid judicetis, et de poena, quid cen- seatis. Illa praedicam, quae sunt consulis. Ego magnum in republica 10versari furorem, et nova quaedam misceri et concitari mala jampridem videbam: sed hanc tantam tam exitiosam haberi conjurationem a civibus, numquam putavi. Nunc, quidquid est, quocunque vestrae mentes inclinant atque sententiae, 12statuendum vobis ante noc- tem est. Quantum facinus ad vos delatum sit, videtis: 13huic si paucos putatis affines esse, vehementer erratis. Latius opinione disseminatum est hoc malum: ¹ªmanavit non solum per Italiam, verum etiam transcendit Alpes, et, 15obscure serpens, multas jam provincias occupavit. Id opprimi 16sustentando ac prolatando nullo pacto potest. Quacunque ratione placet, celeriter vobis vindicandum est. IV. VIDEO duas adhuc 17esse sententias: unam D. Si- lani, qui censet, eos, 18qui haec delere conati sunt, morte esse multandos: alteram 19C. Caesaris, 20qui mortis poenam removet, ceterorum suppliciorum omnes acerbitates amplec- titur. Uterque et 21pro sua dignitate, et pro rerum mag- nitudine in summa severitate versatur. 22 Alter eos, qui nos omnes, qui populum Romanum vita privare conati 40 ORATIO IV. IN L. CATILINAM. 2 sunt, qui delere imperium, qui populi Romani nomen ex- stinguere, punctum temporis frui vita, et ¹hoc communi spiritu, non putat oportere: atque hoc genus poenae saepe in improbos cives in hac republica esse usurpatum recordatur. Alter intelligit, mortem a diis immortalibus non esse supplicii causa constitutam: sed aut necessita- tem naturae, aut laborum ac miseriarum quietem esse. Itaque eam sapientes numquam inviti, fortes etiam saepe libenter Soppetiverunt. Vincula vero, et ea sempiterna, certe ad singularem poenam nefarii sceleris inventa sunt. "Municipiis dispertiri jubet. Habere videtur ista res ini- quitatem, si imperare velis; difficultatem, si rogare: de- cernatur tamen, si placet. Ego enim suscipiam, et, ut spero, reperiam, qui id, quod salutis omnium causa sta- tueritis, non putent esse suae dignitatis recusare. 10 Ad- jungit gravem poenam municipibus, si quis eorum vincula ruperit: ¹¹horribiles custodias circumdat, et digna scelere hominum perditorum sancit, ne quis eorum poenam, quos condemnat, aut per senatum, aut per populum levare pos- sit. 12Eripit etiam spem, quae sola hominem in miseriis consolari solet. 13 Bona praeterea publicari jubet: vitam solam relinquit nefariis hominibus: quam si eripuisset, multos, uno dolore, animi atque corporis, et omnes scele- rum poenas ademisset. 15Itaque, ut aliqua in vita formi do improbis esset posita, apud inferos ejusmodi quaedam illi antiqui supplicia impiis constituta esse voluerunt: quod 16 videlicet intelligebant, his remotis, non esse mortem ip- sam pertimescendam. V. NUNC, patres conscripti, ego 17mea, video, quid intersit. Si eritis secuti sententiam C. Caesaris, quoniam 18hanc is in republica viam, quae popularis habetur, secu- tus est, fortasse minus erunt, 19hoc auctore et cognitore hujusce sententiae, mihi 2ºpopulares impetus pertimescendi. Sin 2¹illam alteram; 22nescio, an amplius mihi negotii con- trahatur. 23 Sed tamen meorum periculorum rationes uti- litas reipublicae vincat. 24Habemus enim a C. Caesare, sicut 25ipsius dignitas et majorum ejus amplitudo postula- ORATIO IV. IN L. CATILINAM. 41 bat, sententiam, tamquam obsidem perpetuae in rempub- licam voluntatis. ¹Intellectum est, quid intersit inter levitatem concionatorum, et animum vere popularem, sa- luti populi consulentem. Video de istis, qui se popu- lares haberi volunt, abesse ³non neminem, ne de capite videlicet civium Romanorum sententiam ferat. Is et nu- diustertius in custodiam cives Romanos dedit, et suppli- cationem mihi decrevit, et indices hesterno die maximis praemiis affecit. Jam hoc nemini dubium est, qui reo custodiam, quaesitori gratulationem, indici praemium de- crevit, quid de tota re et causa judicarit. At vero C. Caesar intelligit, legem Semproniam esse de civibus Ro- manis constitutam: qui autem reipublicae sit hostis, eum civem esse nullo modo posse: denique 1ºipsum latorem legis Semproniae jussu populi poenas reipublicae depen- disse. Idem ipsum Lentulum, largitorem et prodigum, non putat, cum de pernicie populi Romani, exitio hujus urbis, tam acerbe, tamque crudeliter cogitarit, appellari posse popularem. Itaque 12homo mitissimus atque lenis- simus non dubitat P. Lentulum aeternis tenebris vincu- lisque mandare; 13et sancit in posterum, ne quis hujus supplicio levando se jactare, et 14in pernicie populi Ro- mani posthac popularis esse possit. 15Adjungit etiam pub- licationem bonorum, ut omnes animi cruciatus et cor- poris, etiam egestas ac mendicitas consequatur. VI. 16QUAMOBREM sive hoc statueritis, dederitis mihi comitem ad concionem, populo carum atque jucundum: sive Silani sententiam sequi malueritis, facile me atque vos a crudelitatis vituperatione defendetis, atque obtine- bo, eam multo leniorem fuisse. Quamquam, patres con- scripti, quae potest esse in tanti sceleris immanitate puni- enda crudelitas? 18Ego enim de meo sensu judico. 19Nam ita mihi salva republica vobiscum perfrui liceat, ut ego, quod in hac causa vehementior sum, non atrocitate ani- mi moveor, (quis enim est me mitior?) sed singulari quadam humanitate et misericordia. 20Videor enim mihi hanc urbem videre, lucem orbis terrarum, atque 2¹arcem 4* 42 ORATIO IV. IN L. CATILINAM. omnium gentium, subito uno incendio concidentem : cer- no animo sepulta in patria miseros atque insepultos acervos civium: 2versatur mihi ante oculos aspectus Ce- thegi, et furor in vestra caede bacchantis. Cum vero ³mihi proposui regnantem Lentulum, sicut ipse se ex fatis sperasse confessus est, purpuratum esse hunc Gabinium, cum exercitu venisse Catilinam, tum lamentationem ma- trumfamilias, tum fugam virginum atque puerorum, ac 5vexationem virginum Vestalium perhorresco: et, quia mihi vehementer haec videntur misera atque miseranda, idcirco in eos, qui ea perficere voluerunt, me severum vehementemque praebebo. Etenim quaero, si quis pa- terfamilias, liberis suis a servo interfectis, uxore occisa, incensa domo, supplicium de servis non quam acerbissi- mum sumserit; utrum is clemens ac misericors, an in- humanissimus et crudelissimus esse videatur ? 9 Mihi vero importunus ac ferreus, qui non dolore ac cruciatu 1ºnocentis suum dolorem cruciatumque lenierit. Sic nos in his hominibus, qui nos, qui conjuges, qui liberos nos- tros trucidare voluerunt: qui singulas uniuscujusque nos- trûm domos, et hoc universum reipublicae domicilium delere conati sunt: 12qui id egerunt, ut gentem Allo- brogum in vestigiis hujus urbis, atque in cinere defla- grati imperii collocarent: si vehementissimi fuerimus, misericordes habebimur: sin remissiores esse voluerimus, summae nobis crudelitatis 13in patriae civiumque pernicie fama subeunda est. Nisi vero cuipiam 14L. Caesar, vir fortissimus et amantissimus reipublicae, 15crudelior nudius- tertius visus est, cum 16sororis suae, feminae electissimae, 1'virum, praesentem et audientem, vita privandum esse dixit; 18cum avum jussu consulis interfectum, filiumque ejus impuberem, legatum a patre missum, in carcere ne- catum esse dixit. 19Quorum quod simile factum? Quod 20initum delendae reipublicae consilium? 21 Largitionis voluntas tum in republica versata est, et partium quaedam contentio. Atque illo tempore 22hujus avus Lentuli, cla- rissimus vir, armatus Gracchum est persecutus: ille etiam ORATIO IV. IN L. CATILINAM. 43 grave tum vulnus accepit, ¹ne quid de summa republica minueretur: 2hic ad evertenda fundamenta reipublicae Gallos arcessit, servitia concitat, Catilinam vocat, attribuit nos trucidandos Cethego, ceteros cives interficiendos Ga- binio, urbem inflammandam Cassio, totam Italiam vastan- dam diripiendamque Catilinae. 3Veremini, censeo, ne in hoc scelere tam immani ac nefando, aliquid severius statuisse videamini; cum multo magis sit verendum, ne "remissione poenae crudeles in patriam, quam ne severi- tate animadversionis nimis vehementes in acerbissimos hostes fuisse videamur. VII. SED ea, quae, exaudio, patres conscripti, dissimu- lare non possum. Jaciuntur enim voces, quae perveniunt ad aures meas, eorum, qui vereri videntur, ut habeam satis praesidii ad ea, quae vos statueritis hodierno die, transigunda. Omnia et provisa, et parata, et constituta sunt, patres conscripti, cum mea summa cura atque dili- gentia, ¹ºtum multo etiam majore populi Romani ad sum- mum imperium retinendum, et ad communes fortunas con- servandas, voluntate. Omnes adsunt omnium ordinum homines, omnium denique aetatum: plenum est forum, plena templa circa forum, pleni omnes aditus "hujus loci ac templi. Causa enim est post urbem conditam haec inventa sola, in qua omnes sentirent unum atque idem, 12praeter eos, qui cum sibi viderent esse pereundum, cum omnibus potius, quam soli perire voluerunt. Hosce ego hom- ines excipio et secerno libenter: neque enim in impro- borum civium, sed in acerbissimorum hostium numero habendos puto. Ceteri vero, dii immortales ! qua frequen- tia, quo studio, 13qua virtute ad communem dignitatem salutemque consentiunt? Quid ego hic equites Romanos commemorem? 14Qui vobis ita summam ordinis consilii- que concedunt, ut vobiscum de amore reipublicae certent: quos, 15ex multorum annorum dissensione 16ad hujus ordi- nis societatem concordiamque revocatos, hodiernus dies vobiscum atque haec causa conjungit: quam conjunctio- nem si, in consulatu 18confirmatam meo, perpetuam in 44 ORATIO IV. IN L. CATILINAM. republica tenuerimus; confirmo vobis, nullum posthac malum civile ac domesticum ad ullam reipublicae partem esse venturum. Pari studio defendendae reipublicae con- venisse video tribunos aerarios, fortissimos viros; ³scribas item universos; quos cum casu haec dies ad aerarium frequentasset, video ab exspectatione sortis ad commu- nem salutem esse conversos. "Omnis ingenuorum adest multitudo, etiam tenuissimorum. Quis est enim, cui non haec templa, aspectus urbis, possessio libertatis, lux de- nique haec ipsa, et hoc commune patriae solum, cum sit carum, tum vero dulce atque jucundum? VIII. OPERAE pretium est, patres conscripti, 'libertino- rum hominum studia cognoscere; qui, virtute sua fortu- nam civitatis consecuti, hanc vere suam patriam esse judi- cant: quam quidam hinc nati, et summo nati loco, non patriam suam, sed urbem hostium esse judicaverunt. Sed 10quid ego hujusce ordinis homines commemorem, quos privatae fortunae, quos communis respublica, quos deni- que libertas ea, quae dulcissima est, ad salutem patriae defendendam excitavit? Servus est nemo, qui modo tolerabili conditione sit servitutis, qui non audaciam civium perhorrescat; qui non haec stare cupiat; qui non tantum, quantum audet, et quantum potest, conferat ad communem salutem, 12voluntatis,Quare si quem vestrûm ¹³forte com- movet hoc, quod auditum est, lenonem quendam Lentuli 14concursare circum tabernas, pretio sperare sollicitari posse animos egentium atque imperitorum; est id quidem coeptum atque tentatum, sed 15nulli sunt inventi tam aut fortuna miseri, aut voluntate perditi, qui non ipsum illum sellae atque operis et quaestus quotidiani locum; qui non cubile ac lectulum suum; qui denique non ¹cursum hunc otiosum vitae suae, salvum esse vellent. Multo vero maxima pars eorum, qui in tabernis sunt; immo vero, (id enim potius est dicendum,) genus hoc universum, aman- tissimum est otii: etenim 18omne eorum instrumentum, omnis opera ac quaestus, frequentia civium sustinetur, alitur otio: quorum si quaestus, 19occlusis tabernis, minui 16 ORATIO IV. IN L. CATILINAM. 45 : Quae cum solet, ¹quid tandem incensis futurum est? ita sint, patres conscripti, vobis populi Romani praesidia non desunt: vos ne populo Romano deesse videamini, providete. IX. HABETIS 2consulem ex plurimis periculis et insidiis, atque ex media morte, non ad vitam suam, sed ad salu- tem vestram reservatum: omnes ordines ad conservandam rempublicam ³mente, voluntate, studio, virtute, voce, con- sentiunt: obsessa facibus et telis impiae conjurationis, 4vobis supplex manus tendit patria communis: vobis se, vobis vitam omnium civium, vobis arcem et Capitolium, vobis Saras Penatium, vobis illum ignem Vestae perpe- tuum ac sempiternum, vobis omnia templa deorum atque delubra, vobis muros atque urbis tecta commendat. Prae- terea de vestra vita, de conjugum vestrarum ac libero- rum anima, de fortunis omnium, de sedibus, de focis vestris, hodierno die vobis judicandum est. Habetis ducem memorem vestri, oblitum sui; 1ºquae non semper facultas datur habetis omnes ordines, omnes homines, universum populum Romanum, id quod in civili causa hodierno die primum videmus, unum atque idem sentientem. Cogitate, quantis laboribus fundatum imperium, quanta virtute sta- bilitam libertatem, quanta deorum benignitate 12auctas exaggeratasque fortunas ¹³una nox paene delerit. Id ne umquam posthac non modo confici, sed ne cogitari qui- dem possit a civibus, hodierno die providendum est. Atque haec, non ut vos, qui mihi studio paene praecur- ritis, excitarem, locutus sum: sed ut mea vox, quae debet ¹¹esse in republica princeps, officio functa consulari vi- deretur. X. NUNC ante quam, patres conscripti, ad sententiam redeo, de me pauca dicam. 15Ego, quanta manus est con- juratorum, quam videtis esse permagnam, tantam me in- imicorum multitudinem suscepisse video: sed eam esse judico 16turpem et infirmam, contemtam et abjectam. 17Quodsi aliquando, alicujus furore et scelere 18concitata, manus ista plus valuerit, quam vestra ac reipublicae dig- 46 ORATIO IV. IN L. CATILINAM. nitas; me tamen meorum factorum atque consiliorum numquam, patres conscripti, poenitebit. Etenim mors, quam illi mihi fortasse minitantur, omnibus est parata: ¹vitae tantam laudem, quanta vos me vestris decretis ho- nestastis, nemo est assecutus. Ceteris enim semper bene ³gestae, mihi uni conservatae reipublicae gratulationem decrevistis. Sit Scipio clarus ille, cujus consilio atque virtute Hannibal in Africam redire, atque ex Italia dece- dere coactus est: ornetur alter eximia laude Africanus, qui duas urbes huic imperio infestissimas, Carthaginem Numantiamque, delevit: habeatur vir egregius, L. Paullus ille, 'cujus currum rex potentissimus quondam et nobilis- simus, Perses, honestavit: sit in aeterna gloria Marius, qui bis Italiam obsidione et metu servitutis liberavit: ante- ponatur omnibus Pompeius, cujus res gestae atque virtu- tes, ¹ºiisdem, quibus solis cursus, regionibus ac terminis continentur. Erit profecto inter horum laudes aliquid loci nostrae gloriae: nisi forte majus est patefacere nobis provincias, quo exire possimus, quam curare, ut etiam illi, qui absunt, habeant, 12quo victores revertantur. Quam- quam est ¹³uno loco conditio melior externae victoriae, quam domesticae; quod hostes alienigenae ¹¹aut oppressi serviunt, aut recepti beneficio se obligatos putant: qui autem ex numero civium, dementia aliqua depravati, hos- tes patriae semel esse coeperunt, eos, cum a pernicie reipublicae repuleris, nec vi coërcere, nec beneficio pla- care possis. Quare mihi cum perditis civibus aeternum bellum susceptum esse video; quod ego vestro, bonorum- que omnium auxilio, memoriaque tantorum periculorum, quae non modo in hoc populo, qui servatus est, sed etiam in omnium gentium sermonibus ac mentibus semper hae- rebit, a me atque a meis facile propulsari posse confido. Neque ulla profecto tanta vis reperietur, quae conjunc- tionem vestram equitumque Romanorum, et 15tantam con- spirationem bonorum omnium perfringere et labefactare possit. XI. QUAE cum ita sint, patres conscripti, 16pro imperio, 11 • ORATIO IV. IN L. CATILINAM. 47 ¹pro exercitu, pro provincia, quam neglexi, 3pro triumpho, ceterisque laudis insignibus, quae sunt a me, propter urbis vestraeque salutis custodiam, repudiata, pro clientelis hos- pitiisque provincialibus, quae tamen urbanis opibus non minore labore tueor, quam comparo: pro his igitur omni- bus rebus, pro meis in vos singularibus studiis, proque hac, quam conspicitis, ad conservandam rempublicam diligentia, nihil aliud a vobis, nisi hujus temporis, totius- que mei consulatus memoriam postulo: quae dum erit vestris mentibus infixa, firmissimo me muro septum esse arbitrabor. Quodsi meam spem vis improborum 'fefellerit atque superaverit; commendo vobis parvum meum filium : cui profecto satis erit praesidii, non solum ad salutem, verum etiam ad dignitatem, si ejus, qui haec omnia suo solus periculo conservaverit, illum esse filium memineri- tis. Quapropter de summa salute vestra, populique Ro- mani, patres conscripti, de vestris conjugibus ac liberis, 1ºde aris ac focis, de fanis ac templis, de totius urbis tectis ac sedibus, de imperio, de libertate, de salute Ital- iae, deque universa republica, decernite 12diligenter, ut instituistis, ac fortiter. Habetis enim eum consulem, qui et parere vestris decretis non dubitet; et ea, quae statueritis, quoad vivet, defendere et 13per se ipsum praestare possit. IM. TULLII CICERONIS PRO A. LICINIO ARCHIA POETA ORATIO. I. 1. 2S1 quid est in me ingenii, judices, quod sentio quam sit exiguum; aut si qua exercitatio dicendi, ³in qua me non infitior mediocriter esse versatum; aut si hujus- ce rei ratio aliqua, ab optimarum artium studiis ac dis- ciplina profecta, a qua ego nullum confiteor aetatis meae tempus abhorruisse: earum rerum omnium vel in primis "hic A. Licinius fructum a me repetere prope suo jure debet. "Nam quoad longissime potest mens mea re- spicere spatium praeteriti temporis, et pueritiae memo- riam recordari ultimam, inde usque repetens, hunc video mihi principem, et ad suscipiendam, et ad ingrediendam rationem horum studiorum exstitisse. Quod si haec vox, hujus hortatu praeceptisque ¹ºconformata, nonnullis ali- quando saluti fuit; la quo id accepimus, quo ceteris opitulari et alios servare possemus, huic profecto ipsi, quantum est situm in nobis, et opem, et salutem ferre debemus. 2. 12Ac, ne quis a nobis hoc ita dici forte miretur, quod alia quaedam in hoc facultas sit ingenii, neque ¹³haec dicendi ratio aut disciplina, 14ne nos quid- huic uni studio penitus umquam dediti fuimus. 15 Etenim omnes artes, quae ad 16humanitatem pertinent, habent quoddam commune vinculum, et quasi cognatione quadam inter se continentur. em II. 3. SED ne cui vestrâm mirum esse videatur, me ORATIO PRO ARCHIA POETA. 49 in quaestione legitima, et in judicio publico, 2cum res agatur apud ³praetorem populi Romani, lectissimum virum, et apud severissimos judices, tanto conventu hominum ac frequentia, hoc uti genere dicendi, quod non modo a consuetudine judiciorum, verum etiam a forensi sermo- ne abhorreat; quaeso a vobis, ut in hac causa mihi detis hanc veniam, accommodatam huic reo, vobis quem- admodum spero non molestain; ut me pro summo poëta atque eruditissimo homine dicentem, hoc concursu hom- inum literatissimorum, hac vestra humanitate, hoc deni- que praetore exercente judicium, patiamini de studiis humanitatis ac literarum paullo loqui liberius, et in ejus- modi persona, quae, propter otium ac studium, minime in judiciis periculisque tractata est, uti prope 1ºnovo quodam et inusitato genere dicendi. 4. Quod si mihi a vobis tribui concedique sentiam, "perficiam profecto, ut hunc A. Licinium non modo non segregandum, cum sit civis, a numero civium, verum etiam, si non esset, pute- tis adsciscendum fuisse. III. 12NAM ut primum ex pueris excessit Archias, atque ab iis artibus, quibus aetas puerilis 13ad humanita- tem informari solet, se 14ad scribendi studium contulit: primum Antiochiae, (nam ibi natus est 15loco nobili;) celebri quondam urbe et copiosa, atque 16eruditissimis hominibus liberalissimisque studiis affluenti, celeriter 17ei antecellere omnibus ingenii gloria contigit. Post in cete- ris Asiae partibus cunctaeque Graeciae 18sic ejus ad- ventus celebrabantur, ut famam ingenii exspectatio homi- nis, exspectationem ipsius adventus admiratioque superaret. 5. Erat Italia tunc plena 19Graecarum artium ac dis- ciplinarum, studiaque haec et in Latio vehementius tum colebantur, quam nunc 2ºiisdem in oppidis, et hic Romae, propter tranquillitatem reipublicae, non negligebantur. Itaque hunc et Tarentini, et Rhegini, et Neapolitani, civitate ceterisque praemiis donarunt: et omnes, 22qui aliquid de ingeniis poterant judicare, cognitione atque hospitio dignum existimarunt. 23 Hac tanta celebritate J 5 50 ORATIO PRO ARCHIA POETA. famae cum esset jam absentibus notus, Romam venit, ¹Mario consule et Catulo. 2Nactus est primum consules eos, quorum alter res ad scribendum maximas, alter cum res gestas, tum etiam studium atque aures adhibere posset. Statim Luculli, cum praetextatus etiam tum Archias esset, eum domum suam receperunt. Sed hoc 'non solum ingenii ac literarum, verum etiam naturae atque virtutis, ut domus, quae hujus adolescentiae prima fuerit, eadem esset familiarissima senectuti. 6. Erat temporibus illis jucundus Q. Metello, illi Numidico, et ejus filio Pio. 10 Audiebatur a M. Aemilio: 11vivebat cum Q. Catulo, et patre, et filio: a L. Crasso 12colebatur : ¹³ Lucullos vero, et 14Drusum, et 15Octavios, et Catonem, et totam Hortensiorum domum, devinctam consuetudine cum teneret, afficiebatur summo honore; quod eum non solum 16colebant, qui aliquid percipere atque audire stude- bant, verum etiam, si qui forte simulabant. IV. "INTERIM satis longo intervallo, cum esset cum L. Lucullo 18in Siciliam profectus, et cum ex ea provincia cum eodem Lucullo decederet, venit 19Heracleam. 20Quae cum esset civitas aequissimo jure ac focdere, adscribi se in eam civitatem voluit: idque cum ipse per se dignus putaretur, tum auctoritate et gratia Luculli, ab Heracle- ensibus impetravit. 7. 21Data est civitas 22Silvani lege et Carbonis, "Si qui foederatis civitatibus adscripti fuis- sent: si tum, cum lex ferebatur, in Italia domicilium habuissent:" et, "si sexaginta diebus apud praetorem essent professi.” Cum hic domicilium Romae 23multos jam annos haberet, professus est apud praetorem, Q. Me- tellum, familiarissimum suum. 8. 24Si nihil aliud nisi de civitate ac lege dicimus, nihil dico amplius: causa dicta est. Quid enim horum infirmari, 25Grati, potest? He- racleaene esse 26tum adscriptum negabis? Adest vir 27 summa auctoritate, et religione, et fide, L. Lucullus, 28qui se non opinari, sed scire, non audivisse, sed vidisse, non interfuisse, sed egisse dicit. Adsunt Heracleenses legati, nobilissimi homines; (hujus judicii causa 29cum I ܕ ORATIQ PRO ARCHIA POETA. 51 mandatis et cum publico testimonio venerunt;) qui hunc adscriptum 'Heracleensem dicunt. Hic tu 2tabulas de- sideras Heracleensium publicas, quas Italico bello, in- censo tabulario, interisse scimus omnes. Est ridiculum, 5ad ea, quae habemus, nihil dicere; quaerere, quae habere non possumus: et de hominum memoria tacere, litera- rum memoriam flagitare: et, cum habeas amplissimi viri religionem, integerrimi municipii jusjurandum fidem- que, ea, quae depravari nullo modo possunt, repudiare, tabulas, quas idem dicis solere corrumpi, desiderare. 9. 10 At domicilium in Italia non habuit. Is qui, tot annis ¹¹ante civitatem datam, sedem omnium rerum ac fortuna- rum suarum Romae collocavit? 12At non est professus. 13Immo vero iis tabulis professus, quae solae ex illa professione collegioque praetorum obtinent publicarum tabularum auctoritatem. V. 14NAM cum 15 Appii tabulae negligentius asservatae dicerentur; Gabinii, quamdiu incolumis fuit, levitas, post damnationem calamitas, omnem tabularum fidem resignas- set: Metellus, homo sanctissimus 16modestissimusque omnium, tanta diligentia fuit, ut ad L. Lentulum prae- torem et ad 17judices venerit, et unius nominis litura se commotum esse dixerit. 18His igitur tabulis 19nullam lituram in nomen A. Licinii videtis. 10. Quae cum ita sint, quid est, quod de ejus civitate dubitetis, praesertim cum aliis quoque in civitatibus fuerit adscriptus ? Etenim cum 20mediocribus multis, et aut nulla, aut humili aliqua arte praeditis, gratuito civitatem 2¹in Graecia homines impertiebantur, 22Rheginos credo, aut Locrenses, aut Nea- politanos, aut Tarentinos, quod 23scenicis artificibus largiri solebant, id huic, summa ingenii praedito gloria, noluisse. 24Quid ? cum ceteri, non modo post civitatem datam, sed etiam post 25legem Papiam, aliquo modo 26in eorum mu- nicipiorum tabulas 27irrepserint: hic, qui ne utitur quidem illis, in quibus est scriptus, quod semper se Heracleen- sem esse võluit, rejicietur? 11. 28Census nostros requiris scilicet.29 Est enim obscurum, proximis censoribus, Ag 52 ORATIO PRO ARCHIA POETA. ¹hunc cum clarissimo imperatore, L. Lucullo, apud ex- ercitum fuisse; 2superioribus, cum eodem quaestore fuisse in Asia: 4primis, Julio et Crasso, nullam populi partem esse censam. Sed, quoniam census non jus civitatis confirmat, at tantummodo indicat, eum, qui sit census, "ita se jam tum gessisse pro cive; iis temporibus, quae tu criminaris ne ipsius quidem judicio eum in civium Romanorum jure esse versatum, et testamentum saepe fecit nostris legibus, et adiit hereditates civium Romano- rum, 10et in beneficiis ad aerarium delatus est a L. Lu- cullo "proconsule. VI. 12QUAERE argumenta, si qua potes. Nunquam enim hic neque suo, neque amicorum indicio revincetur. / 1 12. Quaeres a nobis, Grati, cur tanto opere hoc hom- ine delectemur. 13Quia suppeditat nobis, ubi et animus ex hoc forensi strepitu reficiatur, et aures convicio de- fessae conquiescant. An tu existimas aut 14suppetere nobis posse, quod quotidie dicamus, in tanta varietate rerum, 15nisi animos nostros doctrina excolamus ; aut ferre animos tantam posse contentionem, 16nisi eos doctrina eadem relaxemus? Ego vero fateor, me "his studiis esse deditum : ceteros pudeat, si qui ita se literis abdiderunt, 18ut nihil possint ex his neque ad communem afferre fructum, neque in adspectum lucemque proferre. Me autem quid pudeat, qui tot annos ita vivo, judices, ut 19ab nullius umquam me tempore aut commodo aut 20otium meum abstraxerit, aut voluptas avocarit, aut denique somnus retardarit ? 13. Quare quis tandem me repre- hendat, aut quis mihi jure succenseat, si quantum ceteris 2¹ad suas res obeundas, quantum ad festos dies ludorum celebrandos, quantum ad alias voluptates, et ad ipsam requiem animi et corporis conceditur temporum; quantum alii tribuunt 22tempestivis conviviis, quantum denique 23aleae, quantum 24pilae; tantum mihi egomet 25ad haec studia recolenda sumpsero? Atque hoc adeo mihi con- cedendum est magis, 26quod ex his studiis haec quoque censetur oratio et facultas, quae, 27quantacunque est in G ORATIO PRO ARCHIA POETA. 53 me, nunquam amicorum periculis defuit. ¹Quae si cui levior videtur, illa quidem certe, quae summa sunt, ex quo fonte hauriam, sentio. 14. 2Nam, nisi ³multorum praeceptis multisque literis mihi ab adolescentia sua- sissem, nihil esse in vita magno opere expetendum, nisi laudem atque honestatem, in ea autem persequenda omnes cruciatus corporis, omnia pericula mortis atque exsilii, parvi esse ducenda; nunquam me pro salute vestra in tot ac tantas dimicationes, atque in hos profli- gatorum hominum quotidianos impetus objecissem. 7Sed pleni omnes sunt libri, plenae sapientium voces, plena exemplorum vetustas; quae jacerent in tenebris omnia, ⁹nisi literarum lumen accederet. 10Quam multas nobis imagines, non solum ad intuendum, verum etiam ad imitandum, fortissimorum virorum expressas scriptores et Graeci et Latini reliquerunt! quas ego mihi semper in administranda republica proponens, animum et men- tem meam ipsa cogitatione hominum excellentium con- formabam. VII. 15. QUAERET quispiam: "Quid? 12illi ipsi summi viri, quorum virtutes literis proditae sunt, istane doctrina, quam tu laudibus effers, eruditi fuerunt?" 13Difficile est hoc de omnibus confirmare; sed tamen est certum, quid respondeam. Ego multos homines 15excellenti ani- mo ac virtute fuisse, et sine doctrina, 16naturae ipsius habitu prope divino, per se ipsos et moderatos et graves exstitisse fateor. Etiam illud adjungo, saepius ¹7ad laudem atque virtutem naturam sine doctrina, quam sine natura valuisse doctrinam. 18Atque idem ego contendo, cum ad naturam eximiam atque illustrem accesserit ratio quaedam conformatioque doctrinae, tum illud nescio quid praecla- rum ac singulare solere exsistere: 16. 19ex hoc esse hunc numero, quem patres nostri viderunt, divinum hominem, 20 Africanum: ex hoc 21C. Laelium, L. Furium, 22modera- tissimos homines et continentissimos: ex hoc fortissimum virum, 23et illis temporibus doctissimum, 2+M. Catonem illum senem: qui profecto, si nihil 25ad percipiendam : + 5* 54 ORATIO PRO ARCHIA POETA. colendamque virtutem literis adjuvarentur, nunquam se ad earum studium contulissent. Quod si non hic tantus fructus ostenderetur, et si ex his studiis delectatio sola peteretur, tamen, ut opinor, hanc animi adversionem hu- manissimam ac liberalissimam judicaretis. 2Nam ceterae neque temporum sunt, neque aetatum omnium, neque lo- corum; haec studia adolescentiam alunt, senectutem ob- lectant, secundas res ornant, adversis perfugium ac SO- latium praebent, 3delectant domi, non impediunt foris, pernoctant nobiscum, peregrinantur, rusticantur. VIII. 17. 4QUOD si ipsi haec neque attingere, neque sensu nostro gustare possemus, tamen ea mirari debere- mus, etiam cum in aliis videremus. Quis nostrúm Stam animo agresti ac duro fuit, ut Roscii morte nuper non commoveretur? qui cum esset senex mortuus, tamen, propter excellentem artem ac venustatem, videbatur omni- no mori non debuisse. Ergo ille corporis motu tantum amorem sibi conciliarat a nobis omnibus; nos animorum incredibiles motus celeritatemque ingeniorum negligemus? 18. Quoties ego hunc Archiam vidi, judices, (utar enim vestra benignitate, quoniam me in hoc novo genere dicendi tam diligenter attenditis,) quoties ego hunc vidi, 10cum literam scripsisset nullam, magnum numerum optimorum versuum de iis ipsis rebus, quae tum agerentur, ¹¹dicere ex tempore ! quoties revocatum eandem rem dicere, 12com- mutatis verbis atque sententiis! Quae vero ¹³accurate cogitateque scripsisset, ea sic vidi probari, ut ad veterum scriptorum laudem pervenirent. Hunc ego non diligam? non admirer? non omni ratione defendendum putem? 14 Atqui sic a summis hominibus eruditissimisque accepi- mus, 15ceterarum rerum studia et doctrina, et praeceptis, et arte constare; poëtam natura ipsa valere, et mentis viribus excitari, et quasi divino quodam spiritu 16inflari. Quare "suo jure noster ille Ennius 18sanctos appellat poëtas, 19quod quasi deorum aliquo dono atque munere commendati nobis esse videantur. 19. Sit igitur, judi- ces, sanctum apud vos, 20humanissimos homines, hoc ORATIO PRO ARCHIA POETA, 55 *s poëtae nomen, quod nulla unquam barbaria violavit. 'Saxa et solitudines voci respondent; bestiae saepe immanes cantu flectuntur atque consistunt: nos instituti rebus optimis non poëtarum voce moveamur? Homerum 3Colo- phonii civem esse dicunt suum, 4Chii suum vindicant, ❝Salaminii repetunt, Smyrnaei vero suum esse confirmant, itaque etiam delubrum ejus in oppido dedicaverunt: per- multi alii praeterea pugnant inter se atque contendunt. 17 IX. ERGO illi alienum, quia poëta fuit, post mortem etiam expetunt; nos hunc vivum, qui et voluntate et legibus noster est, repudiamus? praesertim cum 10 omne olim studium atque omne ingenium contulerit Archias ad populi Romani gloriam laudemque celebrandam? Nam ¹¹et Cimbricas res adolescens attigit, et 12ipsi illi C. Mario, 13qui durior ad haec studia videbatur, jucundus fuit. 20. Neque enim quisquam est tam aversus a Musis, 15qui non mandari versibus aeternum suorum labo- rum facile praeconium patiatur. 16Themistoclem illum, summum Athenis virum, dixisse aiunt, cum ex eo quae- reretur, quod acroama, aut cujus vocem libentissime audiret "ejus, 18a quo sua virtus optime praedicaretur." Itaque ille Marius 19item eximie L. Plotium dilexit, cu- jus ingenio putabat ea, quae gesserat, posse celebrari. 21. 20 Mithridaticum vero bellum, magnum atque difficile, et in multa varietate terra marique versatum, totum ab hoc expressum est: 21qui libri non modo L. Lucullum, fortissimum et clarissimum virum, verum etiam populi Romani nomen illustrant. 22 Populus enim Romanus aperuit, Lucullo imperante, Pontum, et regiis quondam opibus, et ipsa natura regionis vallatum: populi Romani exercitus, eodem duce, 23non maxima manu innumerabi- les 24 Armeniorum copias fudit: 25populi Romani laus est, urbem amicissimam Cyzicenorum, ejusdem consilio, 26ex omni impetu regio, ac totius belli ore ac faucibus ereptam esse atque servatam: 27nostra semper feretur et praedicabitur, L. Lucullo dimicante, cum interfectis duci- bus depressa hostium classis, et incredibilis apud Tenedum 56 ORATIO PRO ARCHIA POETA. pugna illa navalis: nostra sunt tropaea, nostra monu- menta, nostri triumphi. Quare, quorum ingeniis haec 2feruntur, ab iis populi Romani fama celebratur. 22. Ca- rus fuit ³Africano superiori noster Ennius; itaque etiam Sin sepulchro Scipionum putatur is esse constitutus e marmore. At ejus laudibus certe non solum ipsi, qui laudantur, sed etiam populi Romani nomen ornatur. coelum hujus proavus Cato tollitur; magnus honos pop- uli Romani rebus adjungitur. Omnes denique illi Maxi- mi, Marcelli, Fulvii, non sine communi omnium nostrûm laude decorantur. In X. ERGO 10illum, qui haec fecerat, Rudinum hominem, majores nostri in civitatem receperunt; nos ¹¹hunc He- racleensem, 12multis civitatibus expetitum, 13in hac autem legibus constitutum, de nostra civitate ejiciemus? 23. 14Nam si quis 15minorem gloriae fructum putat ex Graecis versibus percipi, quam ex Latinis, vehementer errat: propterea, quod Graeca leguntur in omnibus fere gentibus, 16 Latina suis finibus, exiguis sane, continentur. Quare si res eae, quas gessimus, 17orbis terrae regioni- bus definiuntur, cupere debemus, 18quo manuum nostra- rum tela pervenerint, eodem gloriam famamque penetrare: 19quod cum ipsis populis, de quorum rebus scribitur, haec ampla sunt, tum iis certe, qui de vita, gloriae causa, dimicant, hoc maximum et periculorum incitamen- tum est, et laborum. 24. 20Quam multos scriptores suarum magnus ille Alexander secum habuisse dicitur! Atque is tamen, cum 21in Sigeo 22ad Achillis tumulum adstitisset, 23" O fortunate," inquit, "adolescens, qui tuae virtutis Homerum praeconem inveneris !" Et vere. Nam, nisi 24Ilias illa exstitisset, idem tumulus, qui corpus ejus contexerat, nomcn etiam obruisset. Quid? 25 noster hic Magnus, qui cum virtute fortunam adaequavit, nonne 26Theophanem, Mitylenaeum, scriptorem rerum suarum, in concione militum civitate donavit? 27 et nostri illi fortes viri, sed rustici ac milites, dulcedine quadam gloriae commoti, quasi participes ejusdem laudis, magno rerum suarum ORATIO FRO ARCHIA POETA. 57 illud clamore approbaverunt? 25. Itaque, credo, si civis Romanus Archias legibus non esset, ut ab aliquo impe- ratore civitate donaretur, perficere non potuit! 2Sulla, cum Hispanos et Gallos donaret, credo hunc petentem repudiasset! ³quem nos in concione vidimus, cum ei "libellum malus poëta de populo subjecisset, quod epi- gramma in eum fecisset, tantummodo alternis versibus longiusculis, statim ex iis rebus, quas tunc vendebat, jubere ei praemium tribui sub ea conditione, ne quid postea scriberet. Qui sedulitatem mali poëtae duxerit aliquo tamen praemio dignam, hujus ingenium et virtutem in scribendo et copiam non expetisset? 26. Quid? a Q. Metello Pio, familiarissimo suo, qui civitate multos donavit, neque per se, neque per Lucullos impetravisset? qui praesertim usque eo de suis rebus scribi cuperet, ut etiam 9Cordubae natis poëtis, pingue quiddam so- nantibus atque peregrinum, tamen aures suas dederet. 27. XI. NEQUE enim est hoc dissimulandum, quod obscu- rari non potest; sed prae nobis ferendum: 12trahimur omnes laudis studio, et optimus quisque maxime gloria ducitur. 13Ipsi philosophi, etiam illis libellis, quos de contemnenda gloria scribunt, nomen suum inscribunt: 15in eo ipso, in quo praedicationem nobilitatemque de- spiciunt, praedicari de se, ac se nominari volunt. 16 Decimus quidem Brutus, summus ille vir et imperator, 17 Attii, amicissimi sui, carminibus templorum ac monu- mentorum aditus exornavit suorum. Jam vero ille, qui cum Aetolis, Ennio comite, bellavit, 18Fulvius, 19non dubitavit Martis manubias Musis consecrare. Quare, in qua urbe imperatores, 2ºprope armati, poëtarum nomen et Musarum delubra coluerunt, in ea non debent togati judices a Musarum honore et a poëtarum salute abhorrere. 28. Atque, ut id libentius faciatis, 22jam me vobis, judices, indicabo, et de meo quodam amore gloriae, nimis acri fortasse, verumtamen honesto, vobis confitebor. Nam, 23quas res nos in consulatu nostro vobiscum simul pro salute hujus urbis atque imperii, et pro vita civium, proque 58 ORATIO PRO ARCHIA POETA. universa republica gessimus, ¹attigit hic versibus atque inchoavit: quibus auditis, quod mihi magna res et jucunda visa est, hunc ad perficiendum hortatus sum. Nullam enim virtus aliam mercedem laborum periculorumque de- siderat, praeter hanc laudis et gloriae; qua quidem de- tracta, judices, quid est, quod in hoc tam exiguo vitae curriculo, et tam brevi, tantis nos in laboribus exercea- mus ? 29. Certe, 4si nihil animus praesentiret in pos- terum, et si, quibus regionibus vitae spatium circum- scriptum est, eisdem omnes cogitationes terminaret suas, 5nec tantis se laboribus frangeret, neque tot curis vigi- liisque angeretur, neque toties de vita ipsa dimicaret. Nunc insidet quaedam in optimo quoque virtus, quae noctes et dies animum gloriae stimulis concitat, atque admonet 'non cum vitae tempore esse dimittendam com- memorationem nominis nostri, sed cum omni posteritate adaequandam. XII. 30. AN vero tam parvi animi videamur esse omnes, qui in republica, atque in his vitae periculis laboribusque versamur, ut, cum usque ad extremum spatium, nullum tranquillum atque otiosum spiritum duxe- rimus, nobiscum simul moritura omnia arbitremur? 9An, cum statuas et imagines, non animorum simulacra, sed corporum, studiose multi summi homines reliquerint, 1ºconsiliorum relinquere ac virtutum nostrarum effigiem non multo malle debemus, summis ingeniis expressam et politam? Ego vero omnia, quae gerebam, ¹¹jam tum in gerendo spargere me ac disseminare arbitrabar in orbis terrae memoriam sempiternam. 12Haec vero sive a meo sensu post mortem abfutura est, sive, ut sapientissi- mi homines putaverunt, 13ad aliquam mei partem per- tinebit; nunc quidem certe cogitatione quadam speque delector. 31. Quare conservate, judices, hominem 14pudore eo, quem amicorum videtis comprobari tum dignitate, tum etiam 15 vetustate: ingenio autem tanto, quantum 16id con- venit existimari, quod summorum hominum ingeniis ex- ORATIO PRO ARCHIA POETA. 59 petitum esse videatis: causa vero ejusmodi, 'quae bene- ficio legis, auctoritate municipii, testimonio Luculli, tabulis Metelli comprobetur. Quae cum ita sint, peti- mus a vobis, judices, si qua non modo ³humana, verum etiam divina in tantis negotiis commendatio debet esse, ut eum, qui vos, qui vestros imperatores, qui populi Ro- mani res gestas semper ornavit, qui etiam his recentibus nostris, vestrisque domesticis periculis aeternum sè testi- monium laudum daturum esse profitetur, quique est eo numero, qui semper apud omnes sancti sunt habiti atque dicti, sic in vestram accipiatis fidem, ut humanitate vestra levatus potius, quam acerbitate violatus esse videa- tur. 32. Quae de causa pro mea consuetudine breviter simpliciterque dixi, judices, ea confido probata esse omni- bus: quae non fori, neque judiciali consuetudine, et de hominis ingenio, et communiter de ipsius studio locutus sum, ea, judices, a vobis spero esse in bonam partem accepta; ¹ºab eo, qui judicium exercet, certe scio. IM. TULLII CICERONIS ORATIO PRO M. MARCELLO. I. 2DIUTURNI silentii, patres conscripti, quo eram his temporibus usus, non timore aliquo, sed spartim dolore, 6partim verecundia, finem hodiernus dies attulit; idemque initium, 'quae vellem, quaeque sentirem, meo pristino more dicendi. Tantam enim mansuetudinem, tam inusi- tatam, inauditamque clementiam, tantum, in summa po- testate, rerum omnium modum, tam denique incredibilem 1ºsapientiam ac paene divinam, tacitus nullo modo prac- terire possum. M. enim Marcello vobis, patres conscripti, reique publicae reddito, non solum illius, sed meain etiam vocem et auctoritatem, et vobis et reipublicae conserva- tam ac restitutam puto. 12 Dolebam enim, patres conscripti, et vehementer ange- bar, cum viderem, virum talem, 13in cadem causa in qua ego fuissem, non in eadem essc fortuna: nec mihi per- suadere poteram, nec fas esse ducebam, versari me in 15nostro veteri curriculo, illo aemulo atque imitatore studiorum ac laborum meorum, quasi quodam socio a me et comite, distracto. Ergo et mihi 16meae pristinae vitae consuetudinem, C. Caesar, interclusam aperuisti; 17et his omnibus, ad bene de omni republica sperandum, quasi signum aliquod sustulisti. 18Intellectum est enim, mihi quidem in multis, et maxime in me ipso, sed paulo ante omnibus, cum M. Marcellum senatui populoque Romano ORATIO PRO M. MARCELLO. 61 concessisti, commemoratis praesertim ¹offensionibus, te auctoritatem hujus ordinis, dignitatemque reipublicae, tuis vel doloribus vel suspicionibus anteferre. ³Ille quidem fructum omnis vitae anteactae hodierno die maximum cepit, cum summo consensu senatus, tum praeterea judicio tuo gravissimo et maximo. Ex quo profecto intelligis, quanta in dato beneficio sit ¹laus, cum in accepto tanta sit gloria. 5Est vero fortunatus ille, cujus ex salute non minor paene ad omnes, quam ad ipsum ventura sit, laetitia pervenerit. Quod ei quidem merito, atque optimo jure, contigit. Quis enim est illo aut 'nobilitate, aut probitate, aut optimarum artium studio, aut innocentia, aut ullo genere laudis, praestantior? II. NULLIUS tantum est flumen ingenii, nullius dicendi aut scribendi tanta vis, tanta copia, quae, non dicam exornare, sed enarrare, C. Caesar, res tuas gestas possit. Tamen affirmo (et hoc pace dicam tua,) nullam in his esse laudem ampliorem, quam eam, quam hodierno die consecutus es. Soleo saepe ante oculos ponere, ¹ºidque libenter crebris usurpare sermonibus, omnes nostrorum imperatorum, omnes exterarum gentium, potentissimorum- que populorum, omnes clarissimorum régum res gestas, cum tuis nec contentionum magnitudine, nec ¹¹numero proeliorum, 12nec varietate regionum, nec ¹³celeritate con- ficiendi, ¹¹nec dissimilitudine bellorum, posse conferri: 15nec vero disjunctissimas terras citius cujusquam passi- bus potuisse peragrari, quam tuis, non dicam cursibus, sed victoriis, 16lustratae sint. 17 Quae quidem ego nisi ita magna esse fatear, ut ea vix cujusquam mens aut cogitatio capere possit, amens sim sed tamen sunt 18alia majora. Nam bellicas laudes solent quidam 19extenuare verbis, easque detrahere duci- bus, communicare cum multis, ne propriae sint imperatorum. Et certe, 20in armis, militum virtus, locorum opportunitas, auxilia sociorum, classes, 2¹commeatus, multum juvant: max- imam vero partem, 22quasi suo jure, Fortuna sibi vindicat; et, quidquid est prospere gestum, id paene omne ducit suum. 1 6 62 ORATIO PRO M. MARCELLO. At vero ¹hujus gloriae, C. Caesar, quam es paulo ante adeptus, socium habes neminem. Totum hoc, quantum- cunque est, (quod certe maximum,) totum est, inquam, tuum. Nihil sibi ex ista laude centurio, nihil praefec- tus, nihil cohors, nihil turma decerpit. Quin etiam illa ipsa rerum humanarum domina, Fortuna, in istius se societatem gloriae non offert: tibi cedit: tuam esse totam et propriam fatetur. Nunquam enim temeritas cum sap- ientia commiscetur, nec ad consilium casus admittitur. 5 III. DOMUISTI gentes immanitate barbaras, multitudine innumerabiles, locis infinitas, omni copiarum genere abundantes: sed tamen ea vicisti, 10quae naturam et con- ditionem, ut vinci possent, habebant: nulla est enim tanta vis, quae non ferro ac viribus debilitari frangique possit. ¹¹Animum vincere, iracundiam cohibere, victoriam temperare, 12adversarium, nobilitate, ingenio, virtute prae- stantem, non modo extollere jacentem, sed etiam ampli- ficare ejus pristinam dignitatem; haec qui faciat, non ego eum cum summis viris comparo, sed 13simillimum Deo judico. Itaque, C. Caesar, 14bellicae tuae laudes celebrabuntur illae quidem non solum nostris, sed paene omnium gen- tium literis atque linguis; neque ulla umquam aetas de tuis laudibus conticescet. Sed tamen 15ejusmodi res, nescio quomodo, etiam cum leguntur, obstrepi clamore militum videntur, et tubarum sono. At vero, cum aliquid clementer, mansuete, juste, moderate, sapienter factum, (in 16iracundia praesertim, quae est inimica consilio, et in victoria, quae natura insolens et superba est,) aut audimus, aut legimus; quo studio incendimur, "non modo in gestis rebus, sed etiam in fictis, ut eos saepe, quos nunquam vidimus, diligamus! Te vero, quem praesen- tem intuemur, 18cujus mentem sensusque eos cernimus, ut, quidquid belli fortuna reliquum reipublicae fecerit, id esse 19salvum velis, quibus laudibus efferemus? 20quibus studiis prosequemur? qua benevolentia complectemur ? Parietes, me dius fidius, (ut mihi videntur,) hujus curiae, ORATIO PRO M. MARCELLO. 63 tibi gratias agere gestiunt, quod brevi tempore futura sit illa auctoritas in his majorum suorum et suis sedibus. IV. EQUIDEM, cum ¹C. Marcelli, viri optimi 2et com- memorabili pietate praediti, lacrymas modo vobiscum vid- erem, omnium Marcellorum meum 3pectus memoria ob- fudit. Quibus tu etiam mortuis, M. Marcello conservato, dignitatem suam reddidisti; nobilissimamque familiam, jam ad paucos redactam, paene ab interitu vindicâsti. Hunc tu igitur diem tuis maximis et innumerabilibus gratulationibus jure antepones. Haec enim res unius best propria Caesaris : ceterae, 'duce te gestae quidem, sed tamen multo magnoque comitatu. Hujus autem rei tu idem et dux es, et comes: quae quidem tanta est, ut tropaeis monumentisque tuis allatura finem sit aetas (nihil enim est ¹ºopere aut manu factum, quod aliquando non conficiat et consumat vetustas): at vero haec tua 11 justitia et lenitas animi florescet quotidie magis, ita 12ut, quantum operibus tuis diuturnitas detrahet, tantum afferat laudibus. Et ceteros quidem omnes 13victores bellorum civilium jam ante aequitate et misericordia viceras: hod- ierno vero die te ipsum vicisti. Vereor, ne hoc, quod dicam, non perinde intelligi auditu possit, atque ipse cogitans sentio. Ipsam victoriam vicisse videris, cum ea, 15quae illa erat adepta, victis remisisti. Nam, cum ipsius victoriae conditione jure omnes victi occidissemus, 18 clementiae tuae judicio conservati sumus. Recte igitur unus invictus es, a quo etiam ipsius victoriae conditio visque devicta est. V. 19ATQUE hoc C. Caesaris judicium, patres conscripti, quam late pateat, attendite: omnes enim, 20qui ad illa arma fato sumus nescio quo reipublicae misero funesto- que compulsi, 22etsi aliqua culpa tenemur erroris humani, 23a scelere certe liberati sumus. Nam, cum M. Marcellum, deprecantibus vobis, reipublicae conservavit; memet mihi, 24et iterum reipublicae, nullo deprecante, 25reliquos amplis- simos viros et sibi ipsis et patriae, reddidit: quorum et frequentiam et dignitatem hoc ipso in consessu videtis. 64 ORATIO PRO M. MARCELLO. Non ille hostes induxit in curiam; sed judicavit, a ple- risque, ignoratione potius, et falso atque inani metu, 3quam cupiditate aut crudelitate, bellum esse susceptum. Quo quidem in bello semper de pace audiendum putavi; semperque dolui, non modo pacem, sed orationem etiam civium, pacem flagitantium, repudiari. Neque enim ego illa, nec ulla unquam, secutus sum arma civilia; semper- que mea consilia pacis et togae socia, non belli atque armorum, fuerunt. Hominem sum secutus privato officio, non publico: tantumque apud me grati animi fidelis memoria valuit, ut nulla non modo cupiditate, sed ne spe quidem, prudens et sciens, tanquam ad interitum ruerem voluntarium. 12Quod quidem meum consilium minime obscurum fuit. Nam et in hoc ordine, integra re, multa de pace dixi: et in ipso bello 13eadem, etiam cum capitis mei periculo, sensi. 14Ex quo jam nemo erit tam injustus rerum ex- istimator, qui dubitet, quae Caesaris voluntas de bello fuerit, cum 15pacis auctores conservandos statim censuerit, 16ceteris fuit iratior. Atque id minus mirum fortasse tum, cum esset incertus exitus, et anceps fortuna belli: qui vero, 17victor, pacis auctores diligit, is profecto declarat, 18se maluisse non dimicare, quam vincere. VI. 19 ATQUE hujus quidem rei M. Marcello sum testis. 20 Nostri enim sensus, ut in pace semper, sic tum etiam in bello congruebant. Quoties ego eum, et quanto cum dolore, vidi, cum insolentiam 21 certorum hominum, tum etiam ipsius 22victoriae ferocitatem, extimescentem! Que gratior 23tua liberalitas, C. Caesar, nobis, qui illa vidi- mus, debet esse. 24 Non enim jam causae sunt inter se, sed victoriae, comparandae. Vidimus tuam victoriam proeliorum exitu terminatam: gladium vagina vacuum in Urbe non vidimus. Quos amisimus cives, eos 25 Martis vis perculit, non ira victoriae; ut dubitare debeat nemo, quin multos, si fieri posset, C. Caesar ab inferis excita- ret; quoniam 26ex eadem acie conservat, quos potest. 27 Alterius vero partis, nihil amplius dicam, quam (id, quod ORATIO PRO M. MARCELLO. 65 omnes verebamur,) ¹nimis iracundam futuram fuisse victo- riam. Quidam enim, non modo armatis, sed interdum etiam ³otiosis, minabantur: nec, quid quisque sensisset, sed ubi fuisset, cogitandum esse dicebant; ut mihi quid- em videantur Dii immortales, (5etiamsi poenas a populo Romano ob aliquod delictum expetiverint, qui civile bel- lum tantum et tam luctuosum excitaverint,) vel placati jam, vel satiati aliquando, omnem spem salutis ad cle- mentiam victoris et sapientiam contulisse. "Quare gaude tuo isto tam excellenti bono; et fruere, cum fortuna et gloria, tum etiam natura et moribus tuis; ex quo quidem maximus est fructus jucunditasque sapienti. Cetera cum tua recordabere, etsi persaepe virtuti, tamen plerumque felicitati tuae congratulabere. De nobis, quos in republica tecum simul salvos esse voluisti, quoties cogitabis, toties 10de maximis tuis beneficiis, toties de incredibili liberalitate, toties de singulari sapientia tua, cogitabis: quae non modo summa bona, sed nimirum audebo vel sola dicere. Tantus est enim splendor 12in laude vera, tanta in magnitudine animi et consilii dig- nitas, ut haec a virtute donata, cetera a fortuna com- modata esse videantur. Noli igitur in conservandis bonis viris defatigari, non cupiditate praesertim aut pra- vitate aliqua ¹³lapsis, 14sed opinione officii, stulta fortasse, certe non improba, et specie quadam reipublicae. 15Non enim tua ulla culpa est, si te aliqui timuerunt: contraque, summa laus, quod plerique minime timendum fuisse sen- serunt. VII. 16NUNC vero venio ad gravissimam querelam, et atrocissimam suspicionem tuam; 17quae non tibi ipsi ma- gis, quam, cum omnibus civibus, tum maxime nobis, qui a te conservati sumus, providenda est: quam etsi spero esse falsam, 18nunquam tamen verbis extenuabo. Tua enim cautio nostra cautio est; 19ut, si in alterutro pec- candum sit, malim videri nimis timidus, quam parum prudens. 20Sed quisnam est iste tam demens? 21de tuis- ne? tametsi qui magis sunt tui, quam quibus tu salutem 6* 66 ORATIO PRO M. MARCELLO. insperantibus reddidisti? an ex eo numero, qui una te- cum fuerunt? Non est credibilis tantus in ullo furor, ut, quo duce omnia summa sit adeptus, hujus vitam non anteponat suae. At, si tui nihil cogitant sceleris, ³ca- vendum est, ne quid inimici. Qui? omnes enim, qui fuerunt, aut sua pertinacia vitam amiserunt, aut tua mis- ericordia retinuerunt; ut aut nulli supersint de inimicis, aut, qui supersunt, sint amicissimi. Sed tamen, cum in animis hominum tantae latebrae sint et tanti recessus, augeamus sane suspicionem tuam: simul enim augebimus diligentiam. Nam quis est omnium tam ignarus rerum, tam rudis in republica, tam nihil umquam nec de sua nec de communi salute cogitans, qui non intelligat, tua salute contineri suam, et ex unius tua vita pendere omnium? Equidem, de te dies noctes- que (ut debeo) cogitans, casus duntaxat humanos, et incertos eventus valetudinis, et naturae communis fragi- litatem, extimesco: 1ºdoleoque, cum respublica immortalis esse debeat, eam in unius mortalis anima consistere. Si vero, ad humanos casus, incertosque eventus valetu- dinis, sceleris etiam accedat insidiarumque consensio; quem Deum, si cupiat, opitulari posse reipublicae cre- damus ? VIII. OMNIA sunt 12excitanda tibi, C. Caesar, uni, quae jacere sentis, belli ipsius impetu (quod necesse fuit) perculsa atque prostrata: 13constituenda judicia, revocan- da fides, 14comprimendae libidines, 15propaganda soboles : 16omnia, quae dilapsa jam fluxerunt, severis legibus vin- cienda sunt. 17 Non fuit recusandum, in tanto civili bello, tantoque animorum ardore et armorum, quin quassata respublica, quicunque belli eventus fuisset, multa perde- ret et ornamenta dignitatis, et praesidia stabilitatis suae : multaque uterque dux faceret 18armatus, quae idem toga- tus fieri prohibuisset. Quae quidem tibi omnia belli vulnera curanda sunt; 19quibus, praeter te, mederi nemo potest. 20Itaque illam tuam praeclarissimam et sapientissimam ORATIO PRO M. MARCELLO. 67 vocem invitus audivi: "Satis diu vel naturae vixi, vel gloriae." Satis, si ita vis naturae fortasse; addo etiam, si placet, gloriae: at (quod maximum est) ¹patriae certe parum. Quare, omitte, quaeso, istam ³doctorum homi- nurn in contemnenda morte prudentiam: noli nostro pe- riculo sapiens esse. Saepe enim venit ad aures meas, te idem istud nimis crebro dicere, satis te tibi vixisse. Credo: sed tum id audirem, si tibi soli viveres, aut si tibi etiam soli natus esses. Nunc, cum omnium salutem civium cunctamque rempublicam ⁹res tuae ges- tae complexae sint; 10tantum abes a perfectione maxi- morum operum, ut fundamenta, quae cogitas, nondum jeceris. 11Hic tu modum tuae vitae, non salute rei- publicae, sed aequitate animi, definies? Quid, si ¹²istud ne gloriae quidem tuae satis est? cujus te esse avidis- simum, quamvis sis sapiens, non negabis. 13 Parumne igitur, inquies, gloriam magnam relinque- mus? Immo vero aliis, quamvis multis, satis; tibi uni parum. 15Quidquid enim est, quamvis amplum sit, id certe parum est tum, cum est aliquid amplius. Quod si 16re- rum tuarum immortalium, C. Caesar, hic exitus futurus fuit, ut, devictis adversariis, rempublicam in eo statu re- linqueres, in quo nunc est; 17vide, quaeso, ne tua divina virtus admirationis plus sit habitura, quam gloriae: 18si- quidem gloria est illustris ac pervagata multorum et mag- norum, vel in suos, vel in patriam, vel in omne genus hominum, fama meritorum. IX. 19HAEC igitur tibi reliqua pars est; 20hic restat actus, 2¹in hoc elaborandum est, ut rempublicam constit- uas, eaque tu in primis composita, 22cum summa tran- quillitate et otio, perfruare: tum te, si voles, cum et patriae, quod debes, solveris, 23et naturam ipsam expleve- ris satietate vivendi, satis diu vixisse dicito. 24Quid est enim omnino hoc ipsum diu, in quo est aliquid extremum; quod cum venit, omnis voluptas praeterita pro nihilo est, quia postea nulla futura est? 25Quamquam iste tuus ani- mus nunquam 26his angustiis, quas natura nobis ad viven- 68 ORATIO PRO M. MARCELLO. dum dedit, contentus fuit; semperque immortalitatis amo- re flagravit. Nec vero haec tua vita ducenda est, quae corpore et spiritu continetur. Illa, illa, inquam, vita est tua, quae vigebit memoria saeculorum omnium; quam posteritas alet, quam ipsa aeternitas semper tuebitur. Huic tu in- servias, huic te ostentes, oportet: quae quidem, quae miretur, jampridem multa habet; nunc, etiam quae laudet, exspectat. Obstupescent posteri certe, imperia, pro- vincias, Rhenum, Oceanum, Nilum, pugnas innumerabi- les, incredibiles victorias, monumenta innumera, trium- phos audientes et legentes tuos. Sed, nisi haec urbs. 7stabilita tuis consiliis et institutis erit, vagabitur modo nomen tuum longe atque late; sedem quidem stabilem et domicilium certum non habebit. Erit, inter eos etiam qui nascentur, sicut inter nos fuit, magna dissensio, cum alii laudibus ad coelum res tuas gestas efferent, alii fortasse aliquid requirent, idque vel maximum, nisi belli civilis incendium 10salute patriae restinxeris; ut illud fati fuisse videatur, hoc consilii. 12Servi igitur iis etiam judicibus, qui multis post saeculis de te judicabunt, et quidem 13haud scio, an incorruptius, quam nos: nam et sine amore et sine cupiditate, et rursus sine odio et sine invidia, judicabunt. 14Id autem etiam si tunc ad te (ut quidam falso putant) non pertinebit; nunc certe pertinet, esse te talem, ut tuas laudes obscuratura nulla umquam sit oblivio. X. 15DIVERSAE voluntates civium fuerunt, distractae- que sententiae: non enim 16consiliis solum et studiis, sed armis etiam et castris, dissidebamus. 17Erat autem obscuritas quaedam, erat certamen 18inter clarissimos duces 19multi dubitabant, quid optimum esset; multi, quid sibi expediret; multi, quid deceret; nonnulli etiam, quid liceret. 20 Perfuncta respublica est hoc misero fatalique bello: vicit is, 21qui non fortuna in- flammaret odium suum, sed bonitate leniret; nec qui omnes, quibus iratus esset, eosdem etiam exsilio aut i ORATIO PRO M. MARCELLO. 69 ¹morte dignos judicaret. 2 Arma ab aliis posita, ab aliis erepta sunt. Ingratus est injustusque civis, qui, ³armorum periculo liberatus, animum tamen retinet arma- tum; ut etiam ille sit melior, qui in acie cecidit, qui in causa animam profudit. Quae enim pertinacia qui- busdam, eadem aliis constantia, videri potest. Sed jam omnis fracta dissensio est armis, et exstincta aequitate victoris restat, ut omnes funum velint, qui modo hab- ent aliquid, non solum sapientiae, sed etiam sanitatis. Nisi te, C. Caesar, salvo, et in ista sententia, qua cum antea, tum hodie vel maxime usus es, manente, salvi esse non possumus. Quare omnes te, qui haec salva esse volumus, et hortamur et obsecramus, ut vitae, ut saluti tuae consulas: omnesque tibi, (ut pro aliis etiam loquar, quod de me ipse sentio,) quoniam subesse aliquid putas, quod cavendum sit, non modo excubias et cus- todias, sed etiam 10laterum nostrorum oppositus et cor- porum, pollicemur. XI. SED, unde est orsa, in eodem terminetur oratio. Maximas tibi omnes gratias agimus, C. Caesar: ¹²ma jores etiam habemus. Nam omnes idem sentiunt; quod ex omnium precibus et lacrymis sentire potuisti. Sed, quia non est 13stantibus omnibus necesse dicere; a me certe dici volunt, cui necesse est quodammodo, et quod volunt, et quod decet, et quod (M. Marcello a te huic ordini populoque Romano et reipublicae reddito) 15praecipue id a me fieri debere intelligo. Nam lactari omnes, 16non ut de unius solum, sed ut de communi omnium salute, sentio: 17quod autem sum- mae benevolentiae est, (quae me erga illum omnibus semper nota fuit, ut vix C. Marcello, optimo et aman- tissimo fratri, praeter eum quidem, cederem nemini,) cum id sollicitudine, cura, labore tamdiu praestiterìm, quamdiu est de illius salute dubitatum, certe hoc tem- pore, magnis curis, molestiis, doloribus liberatus, prae- stare debeo. 18Itaque, C. Caesar, sic tibi gratias ago, ut, omnibus me rebus a te non conservato solum, 70 ORATIO PRO M. MARCELLO. sed etiam ornato, tamen ad tua in me unum innumera- bilia merita, (quod fieri jam posse non arbitrabar,) maxi- mus hoc tuo facto cumulus accesserit. 'M. TULLII CICERONIS ORATIO PRO LEGE MANILIA. I. 1. 2QUAMQUAM mihi semper frequens conspectus vester, multo jucundissimus, hic autem locus, ad agen- dum amplissimus, ad dicendum ornatissimus est visus, Quirites; tamen hoc aditu laudis, qui semper optimo cuique maxime patuit, non 'mea me voluntas, sed 'meae vitae rationes, ab ineunte aetate susceptae, prohibuerunt. Nam, cum antea per aetatem nondum 10hujus auctori- tatem loci attingere auderem, statueremque, nihil huc, 11nisi perfectum ingenio, elaboratum industria, afferri oportere; 120mne meum tempus amicorum temporibus transmittendum putavi. 2. Ita neque hic locus vacuus unquam fuit ab iis, qui ¹³vestram causam defenderent; 14et meus labor, in privatorum periculis caste integreque versatus, ex vestro judicio fructum est amplissimum consecutus. Nam cum, 15propter dilationem comitiorum, 16ter praetor primus 17centuriis cunctis renuntiatus sum, facile intellexi, Quirites, et quid de me judicaretis, 18et quid aliis praescriberetis. Nunc, cum et auctoritatis in me tantum sit, 19quantum vos honoribus mandandis esse voluistis; 20et ad agendum facultatis tantum, quantum homini vigilanti ex forensi usu prope quotidiana dicendi exercitatio potuit afferre: certe, et, si quid auctoritatis in me est, 2lea apud eos utar, qui eam mihi dederunt; et, si quid etiam 22dicendo consequi possum, iis ostendam 72 ORATIO PRO LEGE MANILIA. potissimum, 'qui ei quoque rei fructum suo judicio tri- buendum esse censuerunt. 3. Atque illud in primis mihi laetandum jure esse video, quod ³in hac insolita mihi ex hoc loco ratione dicendi, causa talis oblata est, in qua oratio deesse nemini potest. Dicendum est enim de Cn. Pompeii singulari eximiaque virtute: hujus autem orationis difficilius est exitum, quam principium invenire. Ita mihi non tam copia, quam modus in dicendo quae- rendus est. II. 4. Atque, ut inde oratio mea proficiscatur, unde haec omnis causa ducitur: bellum grave et periculosum 8vestris vectigalibus atque sociis a duobus potentissimis regibus infertur, Mithridate et Tigrane; 10quorum alter relictus, alter lacessitus, occasionem sibi ad occupan- dam 12 Asiam oblatam esse arbitratur. 13Equitibus Ro- manis, honestissimis viris, afferuntur ex Asia quotidie literae, ¹¹quorum magnae res aguntur, in vestris vectiga- libus exercendis 15occupatae: 16qui ad me, pro necessi- tudine, quae mihi est cum illo ordine, causam reipublicae 17periculaque rerum suarum detulerunt : 5. 18Bithyniae, quae nunc vestra provincia est, vicos exustos esse com- plures: 19regnum Ariobarzanis, quod finitimum est ves- tris vectigalibus, totum esse in hostium potestate: Lu- cullum, magnis rebus gestis, 20ab eo bello discedere: 21huic qui successerit, non satis esse paratum ad tantum bellum administrandum: 22unum ab omnibus sociis et civibus ad id bellum imperatorem deposci atque expeti: eundem hunc unum ab hostibus metui, praeterea ne- minem. 6. 23Causa quae sit, videtis: nunc, quid agendum sit, considerate. Primum mihi videtur 24de genere belli, de- inde de magnitudine, tum de imperatore deligendo esse dicendum.-Genus est belli ejusmodi, quod maxime ves- tros animos excitare atque inflammare 25ad studium per- sequendi debeat: 26in quo agitur populi Romani gloria, quae vobis a majoribus, cum magna in rebus omnibus, tum summa in re militari tradita est; agitur salus socio- ORATIO PRO LEGE MANILIA. 73 rum atque amicorum, pro qua multa majores vestri magna et gravia bella gesserunt: aguntur ¹certissima populi Ro- mani vectigalia et maxima: quibus amissis, 2et pacis ornamenta, et subsidia belli requiretis: aguntur bona multorum civium, quibus est ³a vobis et ipsorum et rei- publicae causa consulendum. III. 7. Et quoniam semper appetentes gloriae praeter ceteras gentes atque avidi laudis fuistis, 4delenda vobis est illa macula, Mithridatico bello superiore suscepta, quae penitus jam insedit atque inveteravit in populi Ro- mani nomine: 5quod is, qui uno die, tota Asia, tot in civitatibus, uno nuntio, atque una literarum significatione, 'cives Romanos necandos trucidandosque denotavit, non modo adhuc poenam nullam suo dignam scelere suscepit, 1ºsed ab illo tempore annum jam tertium et vicesimum regnat; et ita regnat, ut se non Ponto, neque Cappa- dociae latebris occultare velit, sed emergere 12e patrio regno, atque in vestris vectigalibus, hoc est, in Asiae luce versari. 8. Etenim adhuc ita vestri cum illo rege contenderunt imperatores, ut ab illo 13insignia victoriae, non victoriam reportarent. Triumphavit L. Sulla, trium- phavit 14L. Murena de Mithridate, duo fortissimi viri, et summi imperatores: sed ita triumpharunt, ut ille 15pulsus superatusque regnaret. Verumtamen illis imperatoribus laus est tribuenda, 16quod egerunt: venia danda, quod re- liquerunt: propterea quod ab eo bello Sullam in Italiam 17respublica, 18Murenam Sulla revocavit. IV. 9. MITHRIDATES autem 19omne reliquum tempus, non ad oblivionem veteris belli, sed ad comparationem novi contulit: 20qui posteaquam maximas aedificasset ornassetque classes, exercitusque permagnos,' quibuscun- que ex gentibus potuisset, comparasset, et se 21Bospora- nis, finitimis suis, bellum inferre simulasset; usque in Hispaniam 22legatos ac 23literas misit 24ad eos duces, quibuscum tum bellum gerebamus: ut, cum, duobus in locis disjunctissimis maximeque diversis, 25uno consilio a binis hostium copiis bellum terra marique gereretur, * 7 74 ORATIO PRO LEGE MANILIA. ¹vos, ancipiti contentione districti, de imperio dimicaretis. 10. 2Sed tamen alterius partis periculum, Sertorianae atque Hispaniensis, quae multo plus firmamenti ac ro- boris habebat, 4Cn. Pompeii divino consilio ac singulari virtute depulsum est: 'in altera parte ita res a L. Lu- cullo, summo viro, est administrata, ut initia illa gesta- rum rerum magna atque praeclara, non felicitati ejus, sed virtuti; "haec autem extrema, quae nuper acciderunt, Ɛnon culpae, sed fortunae tribuenda esse videantur. Sed de Lucullo dicam 9alio loco, et ita dicam, Quirites, ut neque vera laus ei detracta oratione nostra, neque falsa 10afficta esse videatur. 11. De vestri imperii dignitate atque gloria, quoniam is est lexorsus orationis meae, videte, quem vobis animum suscipiendum putetis. I M V. MAJORES Vestri saepe, 12mercatoribus ac navicula- riis injuriosius tractatis, bella gesserunt: vos, 13tot civium Romanorum millibus uno nuntio atque uno tempore nec- atis, quo tandem animo esse debetis? 14 Legati quod erant appellati superbius, Corinthum patres vestri, totius Graeciae lumen, 15exstinctum esse voluerunt: vos eum regem inultum esse patiemini, qui 16legatum populi Ro- mani, consularem, vinculis ac verberibus, atque omni supplicio excruciatum necavit? 17Illi libertatem civium Romanorum imminutam non tulerunt: vos vitam ereptam negligetis? Jus legationis 18verbo violatum illi persecuti sunt: 19vos legatum omni supplicio interfectum relinque- tis? 12. Videte, ne, ut illis pulcherrimum fuit, tantam vobis imperii gloriam relinquere; sic vobis turpissimum sit, id, quod accepistis, tueri et conservare non posse. 20Quid, quod salus sociorum summum in periculum ac discrimen vocatur? Regno expulsus est Ariobarzanes rex, socius populi Romani atque amicus: imminent 21duo reges toti Asiae, non solum vobis inimicissimi, sed etiam vestris sociis atque amicis: civitates autem omnes, 22cunc- ta Asia atque Graecia vestrum auxilium exspectare prop- ter periculi magnitudinem coguntur: 23imperatorem a vo- bis certum deposcere, cum praesertim vos alium miseritis, ORATIO PRO LEGE MANILIA. 75 neque audent, neque se id facere 'summo sine periculo posse arbitrantur. 13. Vident et sentiunt hoc idem, quod vos, 2unum virum esse, in quo summa sint omnia, et eum ³prope esse, (*quo etiam carent aegrius,) cujus adventu ipso atque nomine, tametsi ille ad 5maritimum bellum venerit, tamen impetus hostium repressos esse intelligunt ac retardatos. Hi vos, quoniam libere loqui non licet, tacite rogant, ut se quoque, sicut ceterarum provinciarum socios, dignos existimetis, quorum salutem tali viro commendetis: atque hoc etiam magis, quam ceteros, quod ejusmodi in provinciam homines 10cum im- perio mittimus, ut, etiam si ab hoste defendant, tamen ipsorum adventus in urbes sociorum non multum ab hos- tili expugnatione differant. Hunc audiebant antea, nunc praesentem vident, 12tanta temperantia, tanta mansuetu- dine, tanta humanitate, ut ii beatissimi esse videantur, apud quos ille diutissime commoratur. VI. 14. QUARE, si propter socios, nulla ipsi injuria lacessiti, majores vestri 13cum Antiocho, cum Philippo, cum Aetolis, cum Poenis bella gesserunt; quanto vos studio convenit, injuriis provocatos, sociorum salutem una cum imperii vestri dignitate defendere; 15praesertim cum de vestris maximis vectigalibus agatur? Nam ce- terarum provinciarum vectigalia, Quirites, 16tanta sunt, ut iis ad ipsas provincias tutandas vix contenti esse possi- mus: "Asia vero tam opima est et fertilis, 18ut et uber- tate agrorum, et varietate fructuum, et magnitudine pas- tionis, et multitudine earum rerum, quae exportantur, facile omnibus terris antecellat. Itaque haec vobis provincia, Quirites, si 19et belli utilitatem et pacis dignitatem sus- tinere vultis, non modo calamitate, sed etiam a metu calamitatis est defendenda. 15. Nam ceteris in rebus, 20cum venit calamitas, tum detrimentum accipitur: at in vectigalibus non solum adventus mali, sed etiam metus. ipse affert calamitatem. Nam cum hostium copiae non longe absunt, etiam si irruptio facta nulla sit, tamen 21pecora relinquuntur, agricultura deseritur, 22mercatorum 76 ORATIO PRO LEGE MANILIA. navigatio conquiescit. Ita neque ex portu, neque ex decumis, neque ex scriptura 2vectigal conservari potest. Quare saepe totius anni fructus uno rumore periculi, atque uno belli terrore amittitur. 16. Quo tandem ani- mo esse existimatis aut eos, qui vectigalia nobis pensi- tant, aut eos, qui exercent atque exigunt, cum duo reges cum maximis copiis prope adsint? cum una excursio equitatus perbrevi tempore totius anni vectigal aufferre possit? cum publicani. familias maximas, quas in 5sal- tibus habent, quas in agris, quas in portubus atque cus- todiis, magno periculo se habere arbitrentur ? Putatisne vos 'illis rebus frui posse, nisi eos, qui vobis fructui sunt, conservaveritis, non solum, (ut antea dixi,) calami- tate, sed etiam calamitatis formidine liberatos? VII. 17. Ac ne illud quidem vobis negligendum est, quod mihi ego extremum proposueram, cum essem de belli genere dicturus, quod ad multorum bona civium Romanorum pertinet: 1ºquorum vobis pro vestra sapien- tia, Quirites, habenda est ratio diligenter. 11Nam et publicani, 12homines et honestissimi et ornatissimi, 13suas rationes et copias in illam provinciam contulerunt: quo- rum ipsorum per se res et fortunae curae vobis esse debent. Etenim si vectigalia, 14nervos esse reipublicae, semper duximus; eum certe ordinem, qui exercet illa, firmamentum ceterorum ordinum recte esse dicemus. 18. Deinde 15ceteris ex ordinibus homines gnavi et in- dustrii partim ipsi in Asia 16negotiantur, quibus absenti- bus consulere debetis: 17partim suas et suorum in ea pro- vincia pecunias magnas collocatas habent. Erit igitur humanitatis vestrae, magnum eorum civium numerum calamitate 18prohibere; sapientiae, videre, multorum ci- vium calamitatem a republica sejunctam esse non posse. 19 Etenim illud primum parvi refert, vos publicanis amissa vectigalia postea victoria recuperare. Neque enim iis- dem redimendi facultas erit, propter calamitatem, neque aliis voluntas, propter timorem. 19. Deinde, quod nos eadem Asia, atque idem iste Mithridates 2ºinitio belli ... ORATIO PRO LEGE MANILIA. 77 Asiatici docuit; id quidem certe calamitate docti memor- ia retinere debemus. Nam tum, cum in Asia ¹res mag- nas perinulti amiserant, 2scimus, Romae, solutione im- pedita, fidem concidisse. Non enim possunt una in civitate multi ³rem atque fortunas amittere, ut non plures secum in eandem calamitatem trahant. A quo periculo prohibete rempublicam, et, mihi credite, (id quod ipsi videtis,) haec fides atque haec ratio pecuniarum, quae Romae, quae in foro versatur, implicita est cum illis pecuniis Asiaticis, et cohaeret. 5Ruere illa non possunt, ut haec non eodem labefactata motu concidant. Quare videte, num dubitandum vobis sit, omni studio ad id bel- lum incumbere, in quo gloria nominis vestri, salus soci- orum, vectigalia maxima, fortunae plurimorum civium 'cum republica defendantur. 9 VIII. 20. QUONIAM de genere belli dixi, nunc de magnitudine pauca dicam. Potest enim hoc dici; belli genus esse ita necessarium, ut sit gerendum; non esse ita magnum, ut sit pertimescendum. In quo maxime laborandum est, ne forte ea vobis, quae diligentissime providenda sunt, contemnenda esse videantur. Atque, ut omnes intelligant, me L. Lucullo tantum impertire laudis, quantum forti viro, et sapientissimo homini, et magno imperatori debeatur ; dico, ejus adventu maximas 10 Mithridati copias, omnibus rebus ornatas atque in- structas, fuisse; 12urbemque Asiae clarissimam, nobisque amicissimam, Cyzicenorum, obsessam esse ab ipso rege 13maxima multitudine, et oppugnatam vehementissime; quam L. Lucullus virtute, assiduitate, consilio, summis obsidionis periculis liberavit : 21. ab eodem imperatore 14 classem magnam et ornatam, 15quae ducibus Sertoria- nis ad Italiam studio inflammata raperetur, superatam esse atque depressam: 16magnas hostium praeterea co- pias multis praeliis esse deletas: 17patefactumque nostris legionibus esse Pontum, qui ante populo Romano ex omni aditu clausus esset: Sinopen atque Amisum, quib- us in oppidis erant 18domicilia regis, omnibus rebus my t 78 ORATIO PRO LEGE MANILIA. 1:7 ornata atque referta; ceterasque urbes Ponti et Cappa- dociae permultas, ¹uno aditu atque adventu esse captas: regem spoliatum regno patrio atque avito, ad alios se reges atque ad alias gentes supplicem contulisse: atque haec omnia, ³salvis populi Romani sociis atque integris vectigalibus, esse gesta. Satis opinor hoc esse laudis; atque ita, Quirites, ut hoc vos intelligatis, a nullo ¹isto- rum, qui huic obtrectant legi atque causae, L. Lucullum similiter ex hoc loco esse laudatum. IX. 22. REQUIRETUR fortasse nunc, quemadmodum, cum haec ita sint, reliquum possit esse magnum bellum. Cognoscite, Quirites: non enim hoc sine causa quaeri videtur. Primum ex suo regno sic Mithridates profugit, ut ex eodem Ponto "Medea illa quondam profugisse dicitur: quam praedicant in fuga, fratris sui membra in iis locis, qua se parens persequeretur, dissipavisse, ut ⁹eorum collectio dispersa, moerorque patrius, celeritatem persequendi retardaret. 10Sic Mithridates, fugiens, "max- imam vim auri atque argenti, pulcherrimarumque rerum omnium, quas et a majoribus acceperat, et ipse, bello superiore ex tota Asia direptas, in suum regnum conges- serat, in Ponto omnem reliquit. Haec dum nostri col- ligunt omnia diligentius, rex ipse e manibus effugit. Ita 12illum in persequendi studio moeror, hos laetitia retardavit. 23. 13Hunc in illo timore et fuga Tigranes, rex Armenius, excepit, diffidentemque rebus suis confir mavít, et afflictum erexit, perditumque recreavit. Cujus in regnum posteaquam L. Lucullus cum exercitu venit, 14plures etiam gentes contra imperatorem nostrum con- citatae sunt. Erat enim metus injectus iis nationibus, quas nunquam populus Romanus 15neque lacessendas bello neque tentandas putavit. 16Erat etiam alia gravis atque vehemens opinio, quae per animos gentium barbararum pervaserat, 17fani locupletissimi et religiosissimi dirip- iendi causa in eas oras nostrum exercitum esse adduc- tum. Ita nationes multae atque magnae 19novo quodam terrore ac metu concitabantur. Noster autem exercitus, ORATIO PRO LEGE MANILIA. 79 etsi ¹urbem ex Tigranis regno ceperat, et proeliis usus erat secundis, tamen nimia longinquitate locorum ac de- siderio suorum commovebatur. 24. Hic jam plura non dicam: fuit enim illud extremum, ut ex iis locis a mi- litibus nostris reditus magis maturus, quam processio longior quaereretur. Mithridates autem et suam manum jam confirmarat, et eorum, qui se ex ejus regno college- rant, et magnis adventitiis multorum regum et nationum copiis juvabatur. Hoc jam fere sic fieri solere accepi- mus, ut regum afflictae fortunae facile multorum opes alliciant ad misericordiam, maximeque eorum, qui aut reges sunt, aut vivunt in regno; quod regale iis nomen "magnum et sanctum esse videatur. 25. Itaque tantum victus efficere potuit, quantum incolumis nunquam est ausus optare. Nam cum se in regnum recepisset suum, non fuit eo contentus, quod ei praeter spem acciderat, ⁹ut illam, posteaquam pulsus erat, terram umquam at- tingeret: 10sed in exercitum vestrum, clarum atque vic- torem, impetum fecit. Sinite hoc loco, Quirites, (sicut ¹¹poëtae solent, qui res Romanas scribunt,) praeterire me nostram calamitatem: quae tanta fuit, ut eam, ad aures L. Luculli, 12non ex proelio nuntius, sed ex sermone ru- mor afferret. 26. 13Hic in ipso illo malo, gravissimaque belli offensione, L. Lucullus, qui tamen, aliqua ex parte, iis incommodis mederi fortasse potuisset, vestro jussu coactus, quod imperii diuturnitati modum statuendum veteri exemplo putavistis, partem militum, 15qui jam sti- pendiis confectis erant, dimisit, partem Glabrioni tradidit. 16 Multa praetereo consulto; sed ea vos conjectura per- spicitis. Quantum igitur illud bellum factum putetis, quod conjungant reges potentissimi, renovent agitatae nationes, suscipiant integrae gentes, 18novus imperator vester accipiat, vetere pulso exercitu? 17 X. 27. SATIS mihi multa verba fecisse videor, quare hoc bellum esset genere ipso necessarium, magnitudine periculosum: restat, ut de imperatore ad id bellum deligen- do, 19ac tantis rebus praeficiendo, dicendum esse videatur. **** 80 ORATIO PRO LEGE MANILIA. Utinam, Quirites, virorum fortium atque innocentium copiam tantam haberetis, ut haec vobis deliberatio diffi- cilis esset, quemnam potissimum tantis rebus ac tanto bello praeficiendum putaretis! Nunc vero cum sit unus Cn. Pompeius, qui non modo eorum hominum, qui nunc sunt, gloriam, sed etiam antiquitatis memoriam virtute superarit; quae res est, quae cujusquam animum in hac causa dubium facere possit? 28. Ego enim sic existimo, ³in summo imperatore quatuor has res inesse oportere, scientiam rei militaris, virtutem, auctoritatem, felicitatem. Quis igitur hoc homine scientior umquam aut fuit, aut esse debuit? qui e ludo atque pueritiae disciplina, bello maximo, atque acerrimis hostibus, ad patris exercitum. atque in militiae disciplinam profectus est; "qui extrema pueritia miles fuit summi imperatoris, ineunte adoles- centia maximi ipse exercitus imperator; qui saepius cum hoste conflixit, quam quisquam cum inimico concer- tavit, plura bella gessit, quam ceteri legerunt, 10plures provincias confecit, quam alii concupiverunt; cujus ado- lescentia ad scientiam rei militaris non alienis praecep- tis, sed suis imperiis, non offensionibus belli, sed victo- riis, non stipendiis, sed 12triumphis est erudita. Quod denique genus belli esse potest, 13in quo illum non ex- ercuerit fortuna reipublicae? 14Civile, 15 Africanum, 16Trans- alpinum, 17 Hispaniense, mixtum ex civitatibus atque ex bellicosissimis nationibus, 18servile, 19navale bellum, varia et diversa genera et bellorum et 20hostium, non solum gesta ab hoc uno, sed etiam 21 confecta, nullam rem esse declarant in usu militari positam, quae hujus viri scien- tiam fugere possit. XI. 29. 22JAM vero virtuti Cn. Pompeii quae potest par oratio inveniri? quid est, quod quisquam aut dignum illo, aut vobis novum, aut cuiquam inauditum possit af- ferre? 23 Neque enim illae sunt solae virtutes imperato- riae, quae vulgo existimantur, labor in negotiis, fortitudo in periculis, industria in agendo, celeritas in conficiendo, consilium in providendo: 24quae tanta sunt in hoc uno, ORATIO PRO LEGE MANILIA. 81 ~fredu quanta in omnibus reliquis imperatoribus, quos aut vidi- mus, aut audivimus, non fuerunt. 30. Testis est Italia, quam ille ipse victor, L. Sulla, hujus virtute et subsidio confessus est liberatam. 2Testis est Sicilia, quam mul- tis undique cinctam periculis, non terrore belli, sed celeritate consilii, explicavit. 4Testis est Africa, quae magnis oppressa hostium copiis, eorum ipsorum sanguine redundavit. Testis est Gallia, per quam legionibus nos- tris in Hispaniam iter, Gallorum internecione, patefactum est. Testis est Hispania, quae saepissime plurimos hostes ab hoc superatos prostratosque conspexit. Testis est iterum et saepius Italia, quae, cum servili bello 'tetro periculosoque premeretur, ab hoc auxilium absente ex- petivit quod bellum exspectatione Pompeii attenuatum atque imminutum est, adventu sublatum ac sepultum. 31. Testes vero jam omnes orae, atque omnes exterae 10gentes ac nationes, "denique maria omnia, tum univer- sa, tum in singulis omnes sinus atque portus. Quis enim 12toto mari locus, per hos annos, aut tam firmum habuit praesidium, ut tutus esset, aut tam fuit abditus, ut lateret? 13Quis navigavit, qui non se aut mortis aut servitutis periculo committeret, cum aut hieme, aut referto praedonum mari navigaretur? Hoc tantum bellum, tam turpe, 14tam vetus, tam late dispersum, quis umquam arbitraretur aut ab omnibus imperatoribus uno anno, aut 150mnibus annis ab uno imperatore confici posse? 32. Quam provinciam tenuistis a praedonibus liberam per hos- ce annos? ¹6quod vectigal vobis tutum fuit? quem socium defendistis? cui praesidio classibus vestris fuistis? quam multas existimatis insulas esse desertas ? quam multas aut metu relictas, aut a praedonibus captas urbes esse sociorum? XII. SED quid ego 17longinqua commemoro ? Fuit hoc quondam, fuit 18proprium populi Romani longe a do- mo bellare, et 19propugnaculis imperii sociorum fortunas, non sua tecta defendere. 20Sociis vestris ego mare clau- sum per hosce annos dicam fuisse, cum exercitus nostri a 21 Brundisio nunquam, nisi 22summa hieme, transmise- 82 ORATIO PRO LEGE MANILIA. rint? Qui ad vos ab exteris nationibus venirent, captos querar, ¹cum legati populi Romani redempti sint? mer- catoribus tutum mare non fuisse dicam, cum duodecim secures in praedonum potestatem pervenerint? 33. ³Cni- dum aut Colophonem, aut Samum, nobilissimas urbes, innumerabilesque alias, captas esse commemorem, cum vestros portus, atque eos portus, quibus vitam et spiri- tum ducitis, in praedonum fuisse potestate sciatis? An vero ignoratis, portum Caietae, celeberrimum atque plenis- simum navium, ³inspectante praetore, a praedonibus esse direptum? Ex Miseno autem, ejus ipsius liberos, qui cum praedonibus antea ibi bellum gesserat, a praedonibus esse sublatos? Nam quid ego 'Ostiense incommodum, atque illam labem atque ignominiam reipublicae querar, cum, prope inspectantibus vobis, classis ea, cui consul populi Romani praepositus esset, a praedonibus capta atque oppressa est? Pro dii immortales! tantamne unius hominis incredibilis ac divina virtus tam brevi tempore lucem afferre reipublicae potuit, ut vos, qui modo ante ostium Tiberinum classem hostium videbatis, ii nunc nullam 10intra Oceani ostium praedonum navem esse audiatis? 34. Atque haec, qua celeritate gesta sint, quamquam videtis, tamen a me in dicendo praetereunda non sunt. Quis enim umquam, aut ¹¹obeundi negotii, aut con- sequendi quaestus, studio, tam brevi tempore, tot loca ad- ire, tantos cursus conficere potuit, 12quam celeriter, Cn. Pompeio duce, belli impetus navigavit? qui ¹³nondum tempestivo ad navigandum mari 14Siciliam adiit, Africam exploravit: inde Sardiniam cum classe venit, atque ¹5haec tria frumentaria subsidia reipublicae firmissimis praesid- iis classibusque munivit. 35. Inde se cum in Italiam recepisset, duabus Hispaniis et Gallia Cisalpina prae- sidiis ac navibus confirmata, missis item in oram 16Illy- rici maris, et in Achaiam omnemque Graeciam navibus, 17Italiae duo maria maximis classibus firmissimisque prae- ⚫ sidiis adornavit: ipse autem, 18ut a Brundisio profectus est, 'undequinquagesimo' die 19totam ad imperium populi 477 ORATIO PRO LEGE MANILIA. 83 L វ Romani Ciliciam adjunxit: omnes, qui ubique praedones fuerunt, partim capti interfectique sunt, partim unius. hujus imperio ac potestati se dediderunt. Idem 2Creten- sibus, cum ad eum usque in Pamphyliam legatos de- precatoresque misissent, spem deditionis non ademit, ob- sidesque imperavit. Ita tantum bellum, tam diuturnum, tam longe lateque dispersum, quo bello omnes gentes ac nationes premebantur, Cn. Pompeius extrema hieme ³ap- paravit, ineunte vere suscepit, media aestate confecit. XIII. 36. EST haec divina atque incredibilis virtus imperatoris. Quid? ceterae, quas paullo ante commem- orare coeperam, quantae atque quam multae sunt? 5non enim solum bellandi virtus in summo atque perfecto imperatore quaerenda est; sed multae sunt artes eximiae, hujus administrae comitesque virtutis. Ac primum, "quanta innocentia debent esse imperatores? quanta deinde om- nibus in rebus temperantia ? quanta fide? quanta facili- tate? quanto ingenio 2 quanta humanitate? Quae breviter, qualia sint in Cn. Pompeio, consideremus. 9 Summa enim omnia sunt, Quirites; sed ea magis 10ex aliorum contentione, quam ipsa per sese cognosci atque intelligi possunt. 37. Quem enim possumus imperatorem aliquo in numero putare, 12cujus in exercitu veneant centuriatus atque venierint? 13quid hunc hominem magnum aut am- plum de republica cogitare, qui pecuniam, ex aerario de- promptam ad bellum administrandum, aut 14propter cupid- itatem provinciae magistratibus diviserit, aut propter avaritiam Romae 16in quaestu reliquerit? 16Vestra ad- murmuratio facit, Quirites, ut agnoscere videamini, qui haec fecerint: ego autem neminem nomino; quare irasci mihi nemo poterit, nisi qui 17ante de se voluerit confit- eri. Itaque, propter hanc avaritiam imperatorum, quan- tas calamitates, quocunque ventum sit, nostri exercitus ferant, quis ignorat? 38. 18Itinera, quae per hosce an- nos in Italia per agros atque oppida civium Romanorum nostri imperatores fecerunt, recordamini: tum facilius statuetis, quid apud exteras nationes fieri existimetis. 84 ORATIO PRO LEGE MANILIA. Utrum plures arbitramini per hosce annos militum ves- trorum armis hostium urbes, an ¹hibernis sociorum civi- tates esse deletas? Neque enim potest exercitum is continere imperator, qui se ipsum non continet: neque severus esse in judicando, qui alios in se severos esse judices non vult. 39. Hic miramur, hunc hominem tan- tum excellere ceteris, cujus legiones sic in Asiam per- venerunt, ut non modo manus tanti exercitus, sed ne vestigium quidem cuiquam pacato nocuisse dicatur? Jam vero, quemadmodum milites hibernent, quotidię sermones ac literae perferuntur. Non modo, ut sumptum faciat in militem, nemini vis affertur: sed ne cupienti quidem cuquam permittitur. Hiemis enim, non avaritiae per- fugium majores nostri in sociorum atque amicorum tectis esse voluerunt. XIV. 40. AGE vero, ceteris in rebus qualis sit tem- perantia, considerate. Unde illam tantam celeritatem, et tam incredibilem cursum 10inventum putatis ? 11 Non enim illum eximia vis remigum, aut ars inaudita quaedam gubernandi, aut venti aliqui novi, tam celeriter 12 in ulti- mas terras pertulerunt: sed eae res, quae ¹³ceteros re- morari solent, non retardarunt: non avaritia ab instituto cursu ad praedam aliquam 14devocavit, 15non libido ad voluptatem, non amoenitas ad delectationem, non nobili- tas urbis ad cognitionem, non denique labor ipse ad quie- tem. Postremo 16signa, et tabulas, ceteraque ornamenta Graecorum oppidorum, quae ceteri tollenda esse arbi- trantur, ea sibi ille ne visenda quidem existimavit. 41. Itaque omnes quidem, nunc in his locis Cn. Pom- peium, sicut aliquem non ex hac urbe missum, sed de coelo delapsum, intuentur: nunc credere, 17fuisse homines Romanos nentia: 18quod jam nationibus nationibus exteris incredibile ac falso memoriae proditum videbatur. 19 Nunc imperii vestri splendor illis gentibus lucet: nunc intelligunt, non sine causa majores suos tum, cum 20hac tempe- rantia magistratus habebamus, servire populo Romano, denique incipiunt hac quando absti- 7 ORATIO PRO LEGE MANILIA. 85 42. quam imperare aliis, maluisse. Jam vero ita faciles aditus ad eum privatorum, ita liberae querimoniae de aliorum injuriis esse dicuntur, ut is, qui dignitate princip- ibus excellit, 2facilitate par infimis esse videatur. Jam quantum consilio, quantum dicendi gravitate et copia valeat, in quo ipso inest quaedam dignitas imperatoria, vos, Quirites, "hoc ipso in loco saepe cognostis. Fidem vero ejus inter socios quantam existimari putatis, quam hostes omnium gentium sanctissimam judicarint? Huma- nitate jam tanta est, ut difficile dictu sit, utrum hostes magis virtutem ejus pugnantes timuerint, an mansuetudi- nem victi dilexerint. Et quisquam dubitabit, quin huic "tantum bellum transmittendum sit, qui ad omnia nostrae memoriae bella conficienda divino quodam consilio natus esse videatur ? XV. 43. ET, quoniam auctoritas multum in bellis quoque administrandis atque in imperio militari valet, certe nemini dubium est, quin ea re idem ille imperator plurimum possit. 10Vehementer autem pertinere ad bella administranda, quid hostes, quid socii de imperatoribus vestris existiment, quis ignorat, cum sciamus, homines in tantis rebus, ut aut contemnant, aut metuant, aut ode- ^ rint, aut ament, opinione non minus et fama, quam aliqua certa ratione commoveri ? Quod igitur nomen umquam in orbe terrarum 12clarius fuit? cujus res gestae pares? de quo homine vos, id quod maxime 13facit ad auctoritatem, 14tanta et tam praeclara judicia fecistis? 44. An vero ullam usquam esse oram tam desertam pu- tatis, quo non illius diei fama pervaserit, cum univer- sus populus Romanus, referto foro, repletisque omnibus templis, ex quibus hic locus conspici potest, unum sibi ad commune omnium gentium bellum Cn. Pompeium imperatorem depoposcit? Itaque, ut plura non dicam, neque aliorum exemplis confirmem, 17quantum auctoritas valeat in bello; ab eodem Cn. Pompeio 18omnium rerum egregiarum exempla sumantur: qui quo die a vobis ma- ritimo bello praepositus est imperator, tanta repente 8 86 ORATIO PRO LEGE MANILIA. ¹vilitas annonae ex summa inopia et caritate rei fru- mentariae consecuta est, unius hominis spe et nomine, quantam vix ex summa ubertate agrorum diuturna pax efficere potuisset. 45. Jam, accepta in Ponto calami- tate, ex eo proelio, de quo vos paullo ante invitus ad- monui, cum socii pertimuissent, hostium opes animique. crevissent, satis firmum praesidium provincia non ha- beret: amisissetis Asiam, Quirites, nisi ipsum id tem- poris divinitus Cn. Pompeium ad eas regiones fortuna populi Romani attulisset. Hujus adventus et Mithrida- tem insolita inflammatum victoria continuit, et Tigra- nem magnis copiis minitantem Asiae retardavit. Et quisquam dubitabit, quid virtute 7profecturus sit, qui tan- tum auctoritate profecerit? aut quam facile imperio atque exercitu socios et vectigalia conservaturus sit, qui Sipso nomine ac rumore defenderit ? XVI. 46. AGE vero, illa res quantam declarat ejus- dem hominis apud hostes populi Romani auctoritatem, quod ex locis tam longinquis, tamque diversis, tam brevi tempore omnes uni huic se dediderunt? quod 10 Cretensium legati, cum in eorum insula noster impe- rator exercitusque esset, ad Cn. Pompeium ¹¹in ultimas prope terras venerunt, eique se omnes Cretensium civi- tates dedere velle dixerunt? Quid idem iste Mithri- dates? nonne ad eundem Cn. Pompeium, legatum us- que in Hispaniam misit? 12eum quem Pompeius lega- tum semper judicavit: 13ii, quibus semper erat moles- tum, ad eum potissimum esse missum, speculatorem, quam legatum judicari maluerunt. Potestis igitur jam constituere, Quirites, hanc auctoritatem, 14multis postea rebus gestis, magnisque vestris judiciis amplificatam, quantum apud illos reges, quantum apud exteras nationes valituram esse existimetis. I 47. Reliquum est, ut de felicitate, 15quam praestare de se ipso nemo potest, meminisse et commemorare de altero possumus, sicut aequum est homini 16de potestate deorum, timide et pauca dicamus. Ego enim sic exis- ORATIO PRO LEGE MANILIA. 87 timo: ¹Maximo, Marcello, Scipioni, Mario, et ceteris magnis imperatoribus, non solum propter virtutem, sed etiam propter fortunam, saepius imperia mandata, atque exercitus esse commissos. Fuit enim profecto quibus- dam summis viris quaedam 2ad amplitudinem et gloriam, et ad res magnas bene gerendas divinitus adjuncta fortuna de hujus autem hominis felicitate, quo de nunc agimus, ³hac utar moderatione dicendi, non ut in illius potestate fortunam positam esse dicam, sed ut praeterita meminisse, reliqua sperare videamur, ne aut invisa diis immortalibus oratio nostra, aut ingrata esse videatur. 48. Itaque non sum praedicaturus, Quirites, quantas ille res domi militiaeque, terra marique, quantaque feli- citate gesserit: ut ejus semper voluntatibus non modo cives assenserint, socii obtemperarint, hostes obedierint, sed etiam venti tempestatesque obsecundarint. Hoc brevissime dicam, neminem unquain tam impudentem fuisse, qui a diis immortalibus tot et tantas res tacitus auderet optare, quot et quantas dii immortales ad Cn. Pompeium detulerunt. Quod ut illi proprium ac per- petuum sit, Quirites, cum communis salutis atque im- perii, tum ipsius hominis causa (sicuti facitis) ⁹velle et optare debetis. 49. Quare cum et bellum ita necessarium sit, ut negligi non possit: ita magnum, ut 10accuratissime sit administrandum: et cum ei imperatorem praeficere pos- sitis, in quo sit eximia belli scientia, singularis virtus, clarissima auctoritas, egregia fortuna: 11dubitabitis, Quir- ites, quin hoc tantum boni, quod vobis a diis im- mortalibus oblatum et datum est, in rempublicam con- servandam atque amplificandam conferatis XVII. 50. 12QUOD si Romae Cn. Pompeius privatus esset hoc tempore: tamen ad tantum bellum 13is erat deligendus atque mittendus. 14 Nunc, cum ad ceteras summas utilitates haec quoque opportunitas adjungatur, ut in iis ipsis locis adsit, ut habeat exercitum, ut ab iis, qui habent, accipere statim possit: 15quid exspec- ·· K 88 ORATIO PRO LEGE MANILIA. tamus? aut cur non, ducibus diis immortalibus, eidem, cui cetera summa cum salute reipublicae commissa sunt, hoc quoque bellum regium committimus? 51. ¹At enim vir clarissimus, amantissimus reipublicae, 2vestris beneficiis amplissimis affectus, Q. Catulus; ³item- que summis ornamentis honoris, fortunae, virtutis, ingen- ii praeditus, Q. Hortensius, ab hac ratione dissen- tiunt: quorum ego auctoritatem apud vos multis locis plurimum valuisse, et valere oportere confiteor; sed in hac causa, tametsi cognoscitis auctoritates contrarias fortissimorum virorum et clarissimorum, tamen, omissis auctoritatibus, ipsa re et ratione exquirere possumus veritatem: atque hoc facilius, quod ea omnia, quae adhuc a me dicta sunt, iidem isti vera esse concedunt, et necessarium bellum esse, et magnum, et in uno Cn. Pompeio summa esse omnia. 52. Quid igitur ait Hor- tensius? "Si uni omnia tribuenda sint, unum dignis- simum esse Pompeium: sed ad unum tamen omnia deferri non oportere." Obsolevit jam ista oratio, 7re multo magis quam verbis refutata. Nam tu idem, Q. Hortensi, multa, pro tua summa copia ac singulari facultate dicendi, et in senatu contra virum fortem A. Gabinium, 10graviter, ornateque dixisti, cum is de uno imperatore contra praedones constituendo legem promul- gasset et ex hoc ipso loco permulta item contra legem eam verba fecisti. 53. Quid? tum, per deos immorta- les! si plus apud populum Romanum auctoritas tua, quam ipsius populi Romani salus et vera causa valu- isset, hodie hanc gloriam atque hoc orbis terrae imperium teneremus? An tibi tum imperium esse hoc videbatur, cum populi Romani legati, praetores, quaestoresque 12capiebantur? cum ex omnibus provinciis commeatu, et privato, et publico prohibebamur? cum ita clausa erant nobis omnia maria, 13ut neque privatam rem trans- marinam, neque publicam jam obire possemus? J F XVIII. 54. QUAE civitas antea umquam fuit, 14non dico Atheniensium, quae satis late quondam mare tenuisse ORATIO PRO LEGE MANILIA. 89 dicitur, non ¹Carthaginiensium, qui permultum classe ma- ritimisque rebus valuerunt, non Rhodiorum, quorum us- que ad nostram memoriam disciplina navalis et gloria remansit: quae civitas antea umquam tam tenuis, quae tam parva insula fuit, quae non portus suos, et agros, et aliquam partem regionis atque orae maritimae per se ipsa defenderet? At hercle, aliquot annos continuos ante legem Gabiniam, ille populus Romanus, cujus, usque ad nostram memoriam, nomen invictum in nava- libus pugnis permanserat, 5magna ac multo maxima parte non modo utilitatis, sed dignitatis atque imperii caruit : 55. nos, quorum majores Antiochum regem classe "Persenque superarunt, omnibusque navalibus pug- nis Carthaginienses, homines in maritimis rebus exerci- tatissimos paratissimosque vicerunt, 9ii nullo in loco jam praedonibus pares esse poteramus nos, qui antea non modo Italiam tutam habebamus, sed omnes socios in ultimis oris auctoritate nostri imperii salvos 10praestare poteramus; tum, cum insula Delos, tam procul a nobis in Aegeo mari posita, quo omnes undique cum merci- bus atque oneribus commeabant, referta divitiis, parva, sine muro, ¹²nihil timebat; ¹³iidem non modo provinciis, atque oris Italiae maritimis, ac portubus nostris, sed etiam ¹¹Appia jam via carebamus; et his temporibus non pudebat magistratus populi Romani, 15in hunc ipsum locum escendere, cum eum vobis majores ves- tri 16exuviis nauticis et classium spoliis ornatum re- liquissent. 11 14 XIX. 56. 17BONO te animo tum, Q. Hortensi, popu- lus Romanus, et ceteros, qui erant in eadem sententia, dicere existimavit ea, quae sentiebatis, sed tamen 18in salute communi idem populus Romanus dolori suo maluit, quam auctoritati vestrae obtemperare. Itaque 19 una lex, unus vir, unus annus, non modo nos illa miseria ac turpitudine liberavit; sed etiam effecit, ut aliquando vere videremur omnibus gentibus ac nationi- bus terra marique imperare. 57. 20Quo mihi etiam 8* 90 ORATIO PRO LEGE MANILIA. indignius videtur obtrectatum esse adhuc, Gabinio dicam, anne Pompeio, an utrique? (id quod est verius ;) ne le- garetur A. Gabinius Cn. Pompeio expetenti ac postulanti. Utrum ille, qui postulat legatum ad tantum bellum, quem velit, idoneus non est, qui impetret, cum 'ceteri ad ex- pilandos socios diripiendasque provincias, quos volue- runt, legatos eduxerint; an 2ipse, cujus lege salus ac dignitas populo Romano atque omnibus gentibus con- stituta est, expers esse debet gloriae imperatoris atque ejus exercitus, qui consilio ipsius atque periculo est constitutus ? 58. An C. Falcidius, Q. Metellus, Q. Caelius Latiniensis, Cn. Lentulus, quos omnes ¹honoris causa nomino, cum tribuni plebis fuissent, anno proxi- mo legati esse potuerunt; in hoc uno Gabinio sunt tam diligentes, qui in hoc bello, quod lege Gabinia geritur, in hoc imperatore atque exercitu, quem 7per vos ipse. constituit, etiam praecipuo jure esse deberet? de quo legando spero consules ad senatum relaturos. Qui si dubitabunt, aut gravabuntur, 10ego memet profiteor rela- turum; neque me impediet cujusquam, Quirites, "¹inimi- cum edictum, quo minus, fretus vobis, vestrum jus bene- ficiumque defendam: neque, 12praeter intercessionem, quidquam audiam; de qua (ut arbitror) isti ipsi, qui min- antur, etiam atque etiam, quid liceat, considerabunt. Mea quidem sententia, Quirites, unus A. Gabinius, belli maritimi rerumque gestarum Cn. Pompeio 13socius ad- scribitur; propterea quod ¹alter uni id bellum suscipien- dum vestris suffragiis detulit; alter delatum susceptumque confecit. XX. 59. RELIQUUM est, 15ut de Q. Catuli auctoritate et sententia dicendum esse videatur; qui cum ex vobis quacreret, 16si in uno Cn. Pompeio oninia poneretis, si quid de eo factum esset, in quo spem essetis habituri; "'cepit magnum suae virtutis fructum, ac dignitatis, cum omnes, prope una voce," in ipso vos spem habituros esse" dixistis. Etenim 18talis est vir, ut nulla res tanta sit ac tam difficilis, quam ille non 19et consilio regere, ORATIO PRO LEGE MANILIA. 91 et integritate tueri, et virtute conficere possit. Sed in hoc ipso ab eo ¹vehementissime dissentio, quod, quo minus certa est hominum ac minus diuturna vita, hoc magis respublica, dum per deos immortales licet, frui debet summi hominis vita atque virtute.-60. 2At enim nihil novi fiat contra exempla atque instituta majorum.— ³Non dico hoc loco, majores nostros semper in pace consuetudini, in bello utilitati paruisse, semper ad novos casus temporum, novorum consiliorum rationes accomo- dasse non dicam, duo bella maxima, Punicum et His- paniense, ab uno imperatore esse confecta: duas urbes potentissimas, quae huic imperio maxime minitabantur, Carthaginem atque Numantiam, ab eodem Scipione esse deletas: non commemorabo, nuper ita vobis patribusque vestris esse visum, ut in uno C. Mario spes imperii poneretur, ut idem cum Jugurtha, idem cum Cimbris, idem cum Teutonis bellum administraret: 61. in ipso Cn. Pompeio, in quo novi constitui nihil vult Q. Catu- lus, quam multa sint nova summa Q. Catuli voluntate constituta, recordamini. XXI. QUID enim tam novum, quam 10adolescentulum, privatum, exercitum difficili reipublicae tempore confi- cere ?-confecit:-huic praeesse ?-praefuit :-rem 120p- time ductu suo gerere ?-gessit. Quid tam praeter con- suetudinem, quam homini peradolescenti, 13cujus a sena- torio gradu aetas longe abesset, imperium atque exercitum dari ? Siciliam permitti, atque Africam, bellumque in ea administrandum? Fuit in his provinciis singulari innocentia, gravitate, virtute: bellum in Africa maximum 14confecit, victorem exercitum deportavit. Quid vero tam inauditum, quam 15equitem Romanum triumphare? 16 At eam quoque rem populus Romanus non modo vidit, sed etiam studio omni visendam et concelebrandam putavit. 62. Quid tam inusitatum, quam ut, cum duo consules clarissimi fortissimique essent, eques Romanus ad bellum maximum formidolosissimumque pro consule mitteretur? Missus est. Quo quidem tempore, cum esset 92 ORATIO PRO LEGE MANILIA. ¹nonnemo in senatu, qui diceret, "Non oportere mitti hominem privatum pro consule;" 3L. Philippus dixisse dicitur, "Non se illum sua sententia pro consule sed pro consulibus mittere." Tanta in eo reipublicae bene gerendae spes constituebatur, ut duorum consulum munus unius adolescentis virtuti committeretur. Quid tam sin- gulare, quam ut, ex scnatusconsulto legibus solutus, consul ante fieret, quam ullum alium magistratum per leges capere licuisset? quid tam incredibile, quam ut Siterum eques Romanus ex senatusconsulto triumpharet? "quae in omnibus hominibus nova post hominum memor- iam constituta sunt, ea tam multa non sunt, quam haec, quae in hoc uno homine vidimus. 63. Atque haec tot exempla, tanta ac tam nova, profecta sunt in eundem hominem a Q. Catuli atque a ceterorum ejusdem digni- tatis amplissimorum hominum auctoritate. XXII. QUARE videant, ne sit periniquum et non feren- dum, illorum auctoritatem de Cn. Pompeii dignitate a vobis comprobatam semper esse: vestrum ab illis de eo- dem homine judicium, populique Romani auctoritatem improbari praesertim cum jam suo jure populus Roma- nus in hoc homine suam auctoritatem vel contra omnes, qui 10dissentiant, possit defendere: propterea quod, iis- dem istis reclamantibus, vos unum illum ex omnibus delegistis, quem bello praedonum praeponeretis. 64. Hoc si vos ¹¹temere fecistis, et reipublicae parum consuluis- tis; recte isti studia vestra suis consiliis regere conantur: 12sin autem vos plus tum 13in republica vidistis; vos, his repugnantibus, per vosmet ipsos dignitatem huic imperio, salutem orbi terrarum attulistis: aliquando isti principes, et sibi, et ceteris, populi Romani universi auctoritati parendum esse fateantur. Atque in hoc bello Asiatico et regio, non solum 14militaris illa virtus, quae est in Cn. Pompeio singularis, sed aliae quoque virtutes animi multae et magnae requiruntur. Difficile est in Asia, Cilicia, Syria, regnisque 15interiorum nationum 16ita ver- sari vestrum imperatorem, ut nihil aliud, quam de hoste ORATIO PRO LEGE MANILIA. 93 ac de laude, cogitet. Deinde etiam si qui sunt pudore ac temperantia moderatiores, tamen eos esse tales, prop- ter multitudinem cupidorum hominum, nemo arbitratur. 65. Difficile est dictu, Quirites, quanto in odio simus apud exteras nationes, propter eorum, quos ad eas per hos annos cum imperio misimus, injurias ac libi- dines. Quod enim fanum putatis in illis terris nos- tris magistratibus religiosum, quam civitatem sanctam, quam domum satis clausam ac munitam fuisse? urbes jam locupletes ac copiosae requiruntur, quibus causa belli, propter diripiendi cupiditatem, inferatur. 66. Lib- enter haec coram cum Q. Catulo et Q. Hortensio disputarem, summis et clarissimis viris; noverunt enim sociorum vulnera: vident eorum calamitates: querimo- nias audiunt. Pro sociis vos contra hostes exercitum mittere putatis, an, hostium simulatione, contra socios atque amicos? quae civitas est in Asia, quae non modo imperatoris, aut legati, sed unius tribuni militum animos ac spiritus capere possit? XXIII. QUARE, etiam si quem habetis, qui, collatis signis, exercitus regios superare posse videatur: tamen, 10nisi erit idem, qui se a pecuniis sociorum, qui ab eorum conjugibus ac liberis, qui ab ornamentis fanorum atque oppidorum, qui ab auro gazaque regia, manus, oculos, animum cohibere possit; non erit idoneus, qui ad bel- lum Asiaticum regiumque mittatur. 67. Ecquam puta- tis civitatem pacatam fuisse, quae locuples sit? ecquam esse locupletem, quae istis pacata esse videatur? Ora maritima, Quirites, Cn. Pompeium non solum propter rei militaris gloriam, sed etiam propter animi continen- tiam requisivit. 12Videbat enim populum Romanum non locupletari quotannis pecunia publica, 13praeter paucos; neque nos quidquam aliud assequi 14classium nomine, nisi ut, detrimentis accipiendis, majore affici turpitudine. videremur. Nunc, 15qua cupiditate homines in provincias, quibus jacturis, quibus conditionibus, proficiscantur, igno- rant videlicet isti, qui ad unum deferenda esse omnia 94 ORATIO PRO LEGE MANILIA. 1 non arbitrantur ? Quasi vero Cn. Pompeium non 'cum suis virtutibus, tum etiam alienis vitiis, magnum esse videamus. 68. 2Quare nolite dubitare, quin huic uni credatis omnia, qui ³inter annos tot unus inventus sit, quem socii in urbes suas cum exercitu venisse gaudeant. 4Quod si auctoritatibus hanc causam, Quirites, confirman- dam putatis est vobis auctor, vir bellorum omnium max- imarumque rerum peritissimus, P. Servilius: cujus tan- tae res gestae terra marique exstiterunt, ut, cum 'de bello deliberetis, auctor vobis gravior esse nemo debeat : est 6C. Curio, summis vestris beneficiis, maximisque rebus gestis, summo ingenio et prudentia praeditus: est Cn. Lentulus, in quo omnes, pro amplissimis vestris honori- bus summum consilium, summam gravitatem esse cogno- vistis est C. Cassius, integritate, virtute, constantia singulari. Quare videte, num horum auctoritatibus illo- rum orationi, qui dissentiunt, respondere posse videamur. XXIV. 69. QUAE cum ita sint, C. Manili, primum 1ºistam tuam et legem, et voluntatem, et sententiam laudo, vehementissimeque comprobo: deinde te hortor, ut, auc- tore populo Romano, maneas in sententia, neve cujus- quam vim aut minas pertimescas. Primum in te satis esse animi 12perseverantiaeque arbitror: deinde cum tan- tam multitudinem cum tanto studio adesse videamus, 13quantam nunc iterum 14in eodem homine praeficiendo videmus 15quid est, quod aut de re, aut de perficiendi facultate dubitemus? Ego autem, quidquid in me est 16studii, consilii, laboris, ingenii, quidquid hoc beneficio populi Romani, atque hac potestate praetoria, quidquid auctoritate, fide, constantia possum; id omne ad hanc rem conficiendam, tibi et populo Romano polliceor ac defero. 70. Testorque omnes deos, et eos maxime, 18qui huic loco temploque praesident, qui omnium mentes eo- rum, 19qui ad rempublicam adeunt, maxime perspiciunt, me hoc neque rogatu facere cujusquam, 2ºneque quo Cn. Pompeii gratiam mihi per hanc causam conciliari putem, neque quo mihi 21ex cujusquam amplitudine, auf-praesidia 44 ORATIO PRO LEGE MANILIA. 95 periculis, aut adjumenta honoribus quaeram: propterea quod pericula facile, ¹ut hominem praestare oportet, in- nocentia tecti repellemus: honores autem neque ab uno, neque ex hoc loco, sed eadem nostra illa laboriosissima 2ratione vitae, si vestra voluntas feret, consequemur. 71. Quamobrem, quidquid in hac causa mihi susceptum est, Quirites, id omne me reipublicae causa suscepisse con- firmo : tantumque abest, ut aliquam bonam gratiam mihi quaesisse videar, ut multas etiam simultates partim ob- scuras, partim apertas intelligam, 4mihi non necessarias, vobis non inutiles, suscepisse. Sed ego me hoc honore praeditum, tantis vestris beneficiis affectum, statui, Quir- ites, vestram voluntatem, et reipublicae dignitatem, et salutem provinciarum atque sociorum, meis omnibus com- modis et rationibus praeferre oportere. 'M. TULLII CICERONIS PRO L. MURENA ORATIO. 1. 1. 2QUAE deprecatus a diis immortalibus sum, ³ju- dices, more institutoque majorum, illo die, quo, auspi- cato, "comitiis centuriatis L. Murenam consulem renun- tiavi, ut ea res mihi magistratuique meo, 7populo plebi- que Romanae bene atque feliciter eveniret; eadem precor ab eisdem diis immortalibus, ob ejusdem hominis consu- latum una cum salute obtinendum, et ut vestrae mentes atque sententiae cum populi Romani voluntatibus suffra- giisque consentiant, eaque res vobis, populoque Romano, pacem, tranquillitatem, otium, concordiamque afferat. 1ºQuod si illa solemnis comitiorum precatio, consularibus auspiciis consecrata, tantam habet in se vim et religionem, quantam reipublicae dignitas postulat: idem ego sum precatus, ut eis quoque hominibus, quibus hic consulatus, ¹¹me rogante, datus esset, ea res fauste, feliciter, pros- pereque eveniret. 2. Quae cum ita sint, judices, et cum 120mnis deorum immortalium potestas aut translata sit ad vos, aut certe communicata vobiscum, idem consul eum vestrae fidei commendat, qui antea diis immortalibus commendavit; ut ejusdem hominis voce et declaratus consul, et defensus, 13beneficium populi Romani cum vestra atque omnium civium salute tueatur. Et quoniam 14in hoc officio studium meae defensionis ab accusatori- bus atque etiam ipsa susceptio causae reprehensa est: ORATIO PRO L. MURENA. 97 antequam pro L. Murena dicere instituo, pro me ipso pauca dicam; 'non quo mihi potior, hoc quidem in tem- pore, sit officii mei, quam hujusce salutis defensio, sed ut, meo facto vobis probato, majore auctoritate ab hujus 2honore, fama, fortunisque omnibus inimicorum impetus propulsare possim. II. 3. Er primum 3M. Catoni, vitam ad certam ratio- nis normam dirigenti, et diligentissime perpendenti mo- menta officiorum omnium, 5de officio meo respondebo. Negat fuisse rectum Cato, me et consulem, et legis ambitus latorem, et tam severe gesto consulatu, causam L. Murenae attingere. Cujus reprehensio me vehemen- ter movet, non solum ut vobis, judices, quibus maxime debeo, verum etiam ut ipsi Catoni, gravissimo atque integerrimo viro, rationem facti mei probem. A quo tandem, M. Cato, est aequius consulem defendi, quam a consule? Quis 10mihi in republica potest aut debet esse conjunctior, quam is, cui respublica a me uno traditur sustinenda, magnis meis laboribus et periculis sustentata ? 11Quod si in iis rebus repetendis, quae mancipi sunt, is periculum judicii praestare debet, qui se nexu obliga- vit, 12profecto etiam rectius in judicio consulis designati, is potissimum consul, qui consulem declaravit, 13auctor beneficii populi Romani defensorque periculi esse debe- bit. 4. 14Ac, si, ut nonnullis in civitatibus fieri solet, 15patronus huic causae publice constitueretur, is potissime honore affecto defensor daretur, qui, eodem honore prae- ditus, non minus afferret ad dicendum auctoritatis, quam facultatis. 16Quod si e portu solventibus ii, qui jam in portum ex alto invehuntur, 17praecipere summo studio solent et tempestatum rationem, et praedonum, et loco- rum; 18quod natura fert, ut eis faveamus, 19qui eadem pericula, quibus nos perfuncti sumus, ingrediantur: 20quo tandem me animo esse oportet, prope jam ex magna jactatione terram videntem, in hunc, cui video 2¹maximas reipublicae tempestates esse subeundas? Quare si est boni consulis, non solum 22videre, quid agatur, verum } F 9 98 ORATIO PRO L. MURENA. etiam providere, quid futurum sit, ostendam alio loco, ¹quantum salutis communis intersit, 2duos consules in republica kalendis Januariis esse. 5. Quod si ita est, non tam me ³officium debuit ad hominis amici fortunas, quam respublica consulem ad communem salutem defen- dendam vocare. 11 III. 4NAM quod legem de ambitu tuli, certe ita tuli, ut eam, quam mihimet ipsi jampridem tulerim de civium periculis defendendis, non abrogarem. Etenim si largi- tionem factam esse confiterer, idque recte factum esse defenderem, facerem improbe, etiam si alius legem tu- lisset cum vero nihil commissum contra legem esse defendam, quid est, quod meam defensionem latio legis impediat? 6. Negat esse ejusdem severitatis, Catilinam, exitium reipublicae intra moenia molientem, verbis et paene imperio urbe expulisse, 10et nunc pro L. Murena dicere. Ego autem has partes lenitatis et misericor- diae, quas me natura ipsa 12docuit, semper egi libenter : 13illam vero gravitatis severitatisque personam non ap- petivi, sed ab republica mihi impositam sustinui, sicut hujus imperii dignitas in summo periculo civium postu- labat. 15 Quod si tum, cum respublica vim et severitatem desiderabat, vici naturam, et tam vehemens fui, quam cogebar, non quam volebam: nunc, 16cum omnes me causae ad misericordiam atque ad humanitatem vocent, quanto tandem studio debeo 17naturae meae consuetudi- nique servire? 18 At de 19officio defensionis meae, ac de ratione accusationis tuae, fortasse etiam alia in parte orationis dicendum nobis erit. 7. Sed me, judices, non minus 20hominis sapientissimi atque ornatissimi, Ser. Sulpicii, conquestio, quam Cato- nis accusatio 21 commovebat: qui 22gravissime et acerbis- sime ferre dixit, me 23familiaritatis necessitudinisque oblitum, causam L. Murenae contra se defendere. Huic ego, judices, satisfacere cupio, vosque adhibere 24arbi- tros. Nam cum grave est, vere accusari in amicitia, tum, etiam si falso accuseris, 25non est negligendum. ORATIO PRO L. MURENA. 99 : Ego, Ser. Sulpici, me in petitione tua tibi omnia studia atque officia, pro nostra necessitudine, et debuisse con- fiteor, et praestitisse arbitror. Nihil tibi, consulatum petenti, 2a me defuit, quod esset aut ab amico, aut a gratioso, aut a consule postulandum. Abiit illud tem- pus mutata ratio est. 4Sic existimo, sic mihi persua- deo, me tibi contra honorem L. Murenae, quantum tu a me postulare ausus sis, tantum debuisse: contra salutem, nihil debere. 8. Neque enim, si tibi tum, cum peteres consulatum, adfui, idcirco nunc, cum Murenam ipsum petas, adjutor eodem pacto esse debeo. Atque hoc non modo non laudari, sed ne concedi quidem potest, ut, amicis nostris accusantibus, non etiam alienissimos defendamus. 11 IV. MIHI autem cum Murena, judices, et vetus, et magna amicitia est, quae in capitis dimicatione a Ser. Sulpicio non idcirco obruetur, quod ab eodem in honoris contentione superata est. 9Quae si causa non esset, tamen vel dignitas hominis, vel honoris ejus, quem adep- tus est, amplitudo, summam mihi superbiae crudelita- tisque famam inussisset, si hominis, et suis et populi Romani ornamentis amplissimi, causam tanti periculi repudiassem. Neque enim jam mihi licet, 10neque est integrum, ut meum laborem hominum periculis sublev- andis non impertiam. Nam cum praemia mihi tanta pro hac industria sint data, quanta antea nemini: 12labo- res, per quos ea ceperis, cum adeptus sis, deponere, esset hominis et astuti et ingrati. 9. 13Quod si licet desinere, si te auctore possum, si nulla inertiae, nulla superbiae turpitudo, nulla inhumanitatis culpa suscipitur : ego vero libenter desino. Sin autem fuga laboris desid- iam, repudiatio supplicum superbiam, amicorum neglec- tio 14improbitatem coarguit: nimirum haec causa est ejus- modi, quam nec industrius, nec misericors, nec officiosus deserere possit. Atque hujusce rei conjecturam ¹de tuo ipsius studio, Servi, facillime ceperis. Nam si tibi ne- cesse putas, 16etiam adversariis amicorum tuorum de jure 100 ORATIO PRO L. MURENA. consulentibus respondere; ¹et, si turpe existimas, te ad- vocato, illum ipsum, quem contra veneris, ³causa cadere : noli tam esse injustus, ut, cum tui fontes vel inimicis tuis pateant, nostros rivulos etiam amicis putes clausos esse oportere. 10. Etenim, si me 5tua familiaritas ab hac causa removisset, et, si hoc idem Q. Hortensio, M. Crasso, clarissimis viris, si item ceteris, a quibus intelligo tuam gratiam magni aestimari, accidisset: in ea civitate consul designatus defensorem non haberet, in qua nemini umquam 'infimo majores nostri patronum de- esse voluerunt. Ego vero, judices, ipse me existimarem nefarium, si amico, crudelem, si misero, superbum, si consuli defuissem. Quare quod dandum est amicitiae, large dabitur a me, ut tecum agam, Servi, non secus, ac si meus esset frater, qui mihi est carissimus, 1ºisto in loco. 11Quod tribuendum est officio, fidei, 12religioni, id ita moderabor, ut meminerim, me contra amici studium pro amici periculo dicere. 14 V. 11. ¹³INTELLIGO, judices, tres totius accusationis partes fuisse, et earum unam in reprehensione vitae, alter- am in contentione dignitatis, tertiam in criminibus am- bitus esse versatam. Atque harum trium partium prima illa, quae gravissima esse debebat, 15ita fuit infirma et levis, ut illos lex magis quaedam accusatoria, quam vera maledicendi facultas de vita L. Murenae dicere aliquid coëgerit. 16Objecta est enim Asia: quae ab hoc non ad voluptatem et luxuriam expetita est, sed in militari labore peragrata. 18Qui si adolescens, patre suo imper- atore, non meruisset; aut hostem, aut patris imperium timuisse, aut a parente repudiatus videretur. 19An, cum sedere in equis triumphantium praetextati potissimum filii soleant, 20huic donis militaribus patris triumphum decorare fugiendum fuit, ut, rebus communiter gestis, paene simul cum patre triumpharet? 12. Hic vero, ju- dices, et fuit in Asia, et viro fortissimo, parenti suo, magno adjumento in periculis, solatio in laboribus, gra- tulationi in victoria fuit. 21Et, si habet Asia suspicionem ORATIO PRO L. MURENA. 101 luxuriae quandam, non Asiam nunquam vidisse, sed in Asia continenter vixisse, laudandum est. Quamobrem non Asiae nomen objiciendum Murenae fuit, ex qua laus familiae, memoria generi, honos et gloria nomini consti- tuta est sed aliquod aut in Asia susceptum, aut ex Asia deportatum flagitium ac dedecus. Meruisse vero stipen- dia in eo bello, quod tum populus Romanus non modo maximum, sed etiain solum gerebat, virtutis: patre im- peratore libentissime meruisse, 3pietatis: finem stipendio- rum, patris victoriam ac triumphum fuisse, felicitatis fuit. *Maledicto quidem idcirco nihil in hisce rebus loci est, quod omnia laus occupavit. VI. 13. SALTATOREM appellat L. Murenam Cato. *Maledictum est, si vere objicitur, vehementis accusato- ris: sin falso, maledici conviciatoris. Quare cum ista sis auctoritate, non debes, M. Cato, arripere maledictum sex trivio, aut ex scurrarum aliquo convivio, neque temere consulem populi Romani saltatorem vocare : sed conspicere, quibus praeterea vitiis affectum esse necesse sit eum, cui vere istud objici possit. Nemo enim fere saltat sobrius, nisi forte insanit: neque in solitudine, ¹¹neque in convivio moderato atque honesto. Tempestivi convivii, amoeni loci, multarum deliciarum comes est extrema saltatio. 12Tu mihi arripis id, quod necesse est omnium vitiorum esse postremum: ¹³relin- quis illa, quibus remotis hoc vitium omnino esse non potest. 14Nullum turpe convivium, non amor, non com- issatio, non libido, non sumptus ostenditur. Et, cum ea non reperiantur, 15quae voluptatis nomen habent, quaeque vitiosa sunt: in quo ipsam luxuriam reperire non potes, in eo te 16umbram luxuriae reperturum putas? 14. Nihil igitur in vitam L. Murenae dici potest? Nihil, inquam, omnino, judices. Sic a me consul de- signatus defenditur, ut ejus nulla fraus, nulla avaritia, nulla perfidia, nulla crudelitas, 17nullum petulans dic- tum proferatur. Bene habet: jacta sunt fundamenta defensionis. Nondum enim nostris laudibus, quibus utar • 9* 102 ORATIO PRO L. MURENA. postea, sed prope inimicorum confessione, virum bonum, atque integrum hominem defendimus. VII. Quo constituto, facilior est mihi aditus ad con- tentionem dignitatis, quae pars altera fuit accusationis. 15. 2Summam video esse in te, Ser. Sulpici, dignita- tem generis, integritatis, industriae, ceterorumque orna- mentorum omnium, quibus fretum ad consulatus petitio- nem aggredi par est. Paria cognosco esse ista in L. Murena, atque ita paria, ut neque ipse dignitate vinci potuerit, neque te dignitate superarit. Contempsisti L. Murenae genus: extulisti tuum. 4Quo loco si tibi hoc sumis, nisi qui patricius sit, neminem bono esse genere natum facis, ut rursus plebes in Aventinum sevocanda esse videatur. Sin autem sunt amplae et honestae fa- miliae plebeiae; et proavus L. Murenae, et avus, prae- tores fuerunt, et pater, cum amplissime atque honestis- sime 'ex praetura triumphasset, hoc faciliorem huic grad- um consulatus adipiscendi reliquit, quod is jam patri debitus, a filio petebatur. 16. Tua vero nobilitas, Ser. Sulpici, tametsi summa est, tamen hominibus literatis et historicis est notior, populo vero et suffragatoribus obscurior. Pater enim 10fuit equestri loco : avus nulla illustri laude celebratus. Itaque non ex sermone homin- um recenti, sed ex annalium vetustate eruenda est memoria nobilitatis tuae. Quare ego te semper in nos- trum numerum aggregare soleo, quod virtute industriaque perfecisti, ut, cum equitis Romani esses filius, summa tamen amplitudine dignus putarere: nec mihi umquam minus in 12Q. Pompeio, novo homine, et fortissimo viro, virtutis esse visum est, quam in homine nobilissimo, 13 M. Aemilio. Etenim 14ejusdem animi atque ingenii est, posteris suis, quod Pompeius fecit, amplitudinem nomin- is, 15quam non acceperat tradere; et, ut Scaurus, memor- iam prope intermortuam generis sui virtute renovare. VIII. 17. QUAMQUAM ego jam putabam, judices, multis viris fortibus ne ignobilitas objiceretur generis, 16meo labore esse perfectum; 17qui non modo 18Curiis, ORATIO PRO L. MURENA. 103 Catonibus, Pompeiis, antiquis illis, fortissimis viris, novis hominibus, sed his recentibus, Mariis, et Didiis, et Caeliis commemorandis ¹jacebant. Cum ego vero ²tanto intervallo ³claustra ista nobilitatis refregissem, ut aditus ad consulatum posthac, sicut apud majores nostros fuit, non magis nobilitati, quam virtuti, pateret: non arbitrabar, cum ex familia vetere et illustri consul designatus ab equitis Romani filio, consule, defenderetur, de generis nov- itate accusatores esse dicturos. Etenim mihi ipsi ac- cidit, ut cum duobus patriciis, altero improbissimo atque audacissimo, altero modestissimo atque optimo viro, pet- erem superavi tamen dignitate Catilinam, gratia Gal- bam. Quod si id crimen homini novo esse deberet, profecto mihi neque inimici, neque invidi defuissent. 18. Omittamus igitur de genere dicere, cujus est magna in utroque dignitas: videamus cetera. 9" Quaesturam una petiit, et sum ego factus prior."- 10 Non est respondendum ad omnia. Neque enim quem- quam vestrum fugit, cum multi pares dignitate fiant, unus autem primum solus possit obtinere, non eundem esse ordinem dignitatis et renuntiationis; propterea quod renuntiatio gradus habeat, dignitas autem sit persaepe eadem omnium. 12Sed quaestura utriusque propemodum pari momento sortis fuit. Habuit hic ¹³lege Titia pro- vinciam tacitam et quietam: 14tu illam, cui, cum quaes- tores sortiuntur, etiam acclamari solet, 15Ostiensem, non tam gratiosam et illustrem, quam negotiosam et moles- tam. 16 Consedit utriusque nomen in quaestura. Nullum enim vobis sors campum dedit, 17in quo excurrere virtus cognoscique posset. 19. 18Reliqui temporis spatium in contentionem vocatur. Ab utroque dissimillima ratione tractatum est. IX. SERVIUS hic nobiscum 19hanc urbanam militiam respondendi, scribendi, cavendi, plenam sollicitudinis. ac stomachi, secutus est: jus civile didicit: multum vigilavit: laboravit praesto multis fuit: multorum stul- titiam perpessus est: arrogantiam pertulit: 20difficultatem : : 104 ORATIO PRO L. MURENA. exsorbuit: vixit ad aliorum arbitrium, non ad suum. Magna laus, et grata hominibus, unum hominem elabo- rare ¹in ea scientia, quae sit multis profutura. 20. Quid Murena interea? Fortissimo et sapientissimo viro, sum- mo imperatori, legatus L. Lucullo fuit: qua in legatione duxit exercitum : signa contulit: manum conseruit: mag- nas copias hostium fudit: urbes partim vi, partim obsid- ione cepit: Asiam istam refertam, et eandem delicatam, sic obiit, ut in ea neque avaritiae, neque luxuriae ves- tigium reliquerit: maximo in bello sic est versatus, ut hic multas res et magnas sine imperatore gesserit, nullam sine hoc imperator. Atque haec, quamquam praesente L. Lucullo loquar, tamen ne ab ipso, propter periculum nostrum, concessam videamur habere licentiam fingendi, publicis literis testata sunt omnia; quibus L. Lucullus tantum laudis impertit, quantum neque ambitiosus impera- tor, neque invidus, tribuere alteri in communicanda gloria debuit. 21. Summa in utroque est honestas, summa dig- nitas quam ego, si mihi per Servium liceat, pari atque eadem in laude ponam. Sed non licet. Agitat rem militarem insectatur totam hanc legationem: assiduitatis et operarum harum quotidianarum putat esse consulatum. Apud exercitum mihi fueris, inquit, tot annos? 1ºforum non attigeris? abfueris tamdiu? et, cum longo intervallo veneris, cum iis, qui in foro habitarunt, de dignitate contendas ?" Primum ista nostra assiduitas, Servi, nescis, quantum interdum afferat hominibus fastidii, quantum satietatis. Mihi quidem vehementer expediit, 11positam in oculis esse gratiam. Sed tamen ego 12mei satietatem magno meo labore superavi, et tu idem fortasse: verum- tamen utrique nostrûm 13desiderium nihil obfuisset. 22. Sed, ut, hoc omisso, 14ad studiorum atque artium con- tentionem revertamur: 15qui potest dubitari, quin ad consulatum adipiscendum 16multo plus afferat dignitatis rei militaris, quam juris civilis gloria? Vigilas tu de nocte, ut tuis consultoribus respondeas: ille, ut eo, quo intendit, mature cum exercitu perveniat. Te 17gallorum, (( A ORATIO PRO L. MURENA. 105 illum ¹buccinarum cantus exsuscitat. 2Tu actionem in- stituis, ille aciem instruit; tu caves, ³ne tui consultores; ille, ne urbes aut castra capiantur. Ille tenet et scit, ut hostium copiae; tu, ut aquae pluviae arceantur: ille Sexercitatur in propagandis finibus; tu in regendis ac nimirum, (dicendum est enim quod sentio,) rei milita- ris virtus praestat ceteris omnibus. : X HAEC nomen populo Romano, haec huic urbi aeternam gloriam peperit: haec orbem terrarum parere huic imperio coëgit: omnes urbanae res, omnia haec nostra praeclara studia, et haec forensis laus et industria latent in tutela ac praesidio bellicae virtutis. ioSimul atque increpuit suspicio tumultus, artes illico nostrae conticescunt. 23. 12Et, quoniam mihi videris istam scientiam juris, tamquam filiolam osculari tuam, non patiar te in tanto errore versari, ut 13istud nescio quid, quod tanto opere didicisti, praeclarum aliquid esse arbitrere. Aliis ego te virtutibus, 14continentia, gravitate, justitia, fide, cete- ris omnibus, consulatu et omni honore semper dignis- simum judicavi. 15Quod quidem jus civile didicisti, non dicam, operam perdidisti: sed illud dicam, nullam esse 16in illa disciplina "munitam ad consulatum viam. Omnes enim artes, quae nobis populi Romani studia conciliant, 18et admirabilem dignitatem, et pergratam utili- tatem debent habere. 1 V XI. 24. SUMMA dignitas est in iis, qui militari laude antecellunt; omnia enim, 19quae sunt in imperio, et in statu civitatis, ab iis defendi et firmari putantur: summa etiam utilitas: siquidem eoruin 20consilio et periculo, cum republica. tum etiam nostris rebus perfrui possumus. Gravis etiam illa est, et plena dignitatis, dicendi facul- tas, (2¹quae saepe valuit in consule deligendo,) posse consilio atque oratione, et senatus, et populi, et eorum, qui res judicant, mentes permovere. Quaeritur consul, qui dicendo nonnunquam comprimat 22tribunicios furores, qui concitatum populum flectat, 23qui largitioni resistat. VIE 106 ORATIO PRO L. MURENA. Non mirum, si ob hanc facultatem homines saepe etiam non nobiles consulatum consecuti sunt: praesertim cum haec eadem res plurimas gratias, firmissimas amicitias, maxima studia pariat. Quorum in isto vestro artificio, Sulpici, nihil est. 25. Primum, dignitas in tam tenui scientia quae potest esse? 4Res enim sunt parvae, prope in singulis literis atque interpunctionibus verborum occupa- tae. Deinde, etiam si quid apud majores nostros fuit in isto studio admirationis, id, enuntiatis vestris mysteriis, totum est contemptum et abjectum. Posset agi lege, necne, pauci quondam sciebant. Fastos enim vulgo non habebant. Erant in magna potentia, qui consulebantur : a quibus etiam dies, tamquam a Chaldaeis, petebantur. Inventus est scriba quidam, Cn. Flavius, qui cornicum oculos confixerit, et singulis diebus ediscendos fastos populo proposuerit, et ab ipsis cautis jureconsultis eorum. sapientiam compilarit. 12Itaque irati illi, quod sunt veriti, ne, dierum ratione pervulgata et cognita, sine sua opera lege posset agi, 13notas quasdam composuerunt, ut om- nibus in rebus ipsi interessent. XII. 26. ¹CUM hoc fieri bellissime posset: "Fundus Sabinus meus est:" "immo "immo meus:" deinde judicium: (C noluerunt. 66 Fundus," inquit, "qui est in agro, qui Sa- binus vocatur." Satis verbose. Cedo, quid postea? “Eum ego ex jure Quiritium meum esse aio." Quid tum? 15 Inde ibi ego te ex jure 16manu consertum voco." Quid huic tam loquaciter litigioso responderet "ille, unde petebatur, non habebat. 18Transit idem jureconsultus, tibicinis Latini modo: 19" Unde tu me," inquit, ex jure manu consertum vocasti, inde ibi ego te revoco.” Prae- tor interea ne 20pulchrum se ac beatum putaret, 2¹atque aliquid ipse sua sponte loqueretur, ei quoque 22carmen compositum est, cum ceteris rebus absurdum, tum vero in illo: "23Suis utrisque 24superstitibus istam viam dico: inite viam." 25 Praesto aderat sapiens ille, qui inire viam doceret. "Redite viam." Eodem duce redibant. 26 Haec jam tum apud illos barbatos ridicula, credo, videdantur: b ORATIO PRO L. MURENA. 107 ¹homines, cum recte atque in loco constitissent, juberi abire: ut, unde abissent, eodem statim redirent. Iisdem ineptiis fucata sunt illa omnia, "Quando te in jure con- spicio:" et haec: "3Anne tu dicis causa vindicaveris ?" quae dum erant occulta, necessario ab eis, qui ea tene- bant, petebantur: postea vero pervulgata, atque in man- ibus jactata et excussa, inanissima prudentiae reperta sunt, fraudis autem et stultitiae plenissima. 27. Nam cum permulta praeclare legibus essent constituta, ea jure- consultorum ingeniis pleraque corrupta ac depravata sunt. Mulieres omnes, propter infirmitatem consilii, majores in tutorum potestate esse voluerunt: hi invenerunt gen- era tutorum, quae potestate mulierum continerentur. 9Sacra interire illi noluerunt: horum ingenio senes ¹ºad coëmptiones faciendas, interimendorum sacrorum causa, reperti sunt. In omni denique jure civili aequitatem reliquerunt, verba ipsa tenuerunt: ut, quia 12in alicujus libris exempli causa ¹³id nomen invenerant, putarunt, omnes mulieres, quae coëmptionem facerent, 14 Caias vocari. 15Jam illud mihi quidem mirum videri solet, tot homines, tam ingeniosos, per tot annos etiam nunc statuere non potuisse, 16utrum diem tertium, an 17per- endinum judicem, an arbitrum: rem, an litem dici oporteret. XIII. 28. ITAQUE (ut dixi) 18dignitas in ista scien- tia consularis nunquam fuit; quae tota 19ex rebus fic- tis commenticiisque constaret: gratiae vero multo min- ores. Quod enim omnibus patet, et aeque promptum est mihi et adversario meo, id esse 20gratum nullo pacto potest. Itaque non modo beneficii collocandi spem, sed etiam illud, quod aliquandiu fuit, "Licet consulere," jam perdidistis. Sapiens existimari nemo potest 22in ea prudentia, quae neque extra Romam usquam, neque Romae, rebus prolatis, quidquam valet. Peritus ideo haberi nemo potest, quod in eo, quod sciunt omnes, nullo modo possunt inter se discrepare. Difficilis autem res ideo non putatur, quod 23et per- 1 108 ORATIO PRO L. MURENA. paucis et minime obscuris literis continetur. Itaque, si mihi, ¹homini vehementer occupato, stomachum moveritis, triduo me jureconsultum esse profitebor. Etenim quae de scripto aguntur, scripta sunt omnia: neque tamen quidquam ³tam anguste scriptum est, quo ego non pos- sim, "Qua de re agitur," addere; quae consuluntur autem, minimo periculo respondentur. Si id, quod opor- tet, responderis; idem videare respondisse, quod Servius: sin aliter; etiam controversum jus nosse et tractare videare. 20. Quapropter non solum illa gloria militaris vestris formulis atque actionibus anteponenda est, verum etiam dicendi consuetudo longe et multum Ĝisti vestrae exercitationi ad honorem antecellit. Itaque mihi viden- tur plerique 'initio multo hoc maluisse: post, cum id assequi non potuissent, istuc potissimum sunt delapsi. Ut aiunt in Graecis artificibus, cos 10auloedos esse, qui citharoèdi fieri non potuerint; sic nonnullos videmus, qui oratores evadere non potuerunt, eos ad juris studium 11devenire. 12Magnus dicendi labor, magna res, magna dignitas, summa autem gratia. Etenim a vobis ¹³salubri- tas quaedam: ab iis, qui dicunt, salus ipsa petitur. Deinde vestra responsa atque decreta et evertuntur saepe dicendo, et sine defensione oratoris firma esse non possunt in qua si satis profecissem, parcius de ejus. laude dicerem: nunc nihil de me dico, sed de iis, qui in dicendo magni sunt aut fuerunt. : XIV. 30. DUAE sunt 15artes, quae possunt locare hom- ines in amplissimo gradu dignitatis: una imperatoris, altera oratoris boni: ab hoc enim pacis ornamenta reti- nentur: ab illo belli pericula repelluntur. 16Ceterae tamen virtutes ipsae per se multum valent, justitia, fides, pudor, temperantia; quibus te, Servi, excellere omnes intelli- gunt: 17sed nunc de studiis ad honorem dispositis, non de insita cujusque virtute disputo. Omnia ista nobis studia de manibus excutiuntur, simul atque 18aliquis motus novus bellicum canere coepit. Etenim, ut ait, 19ingenio- sus poëta, et auctor valde bonus, proeliis promulgatis, ORATIO PRO L. MURENA. 109 ** 14 pellitur e medio," non solum ista vestra verbosa sim- ulatio prudentiae, sed etiam ipsa illa domina rerum, "sapientia; vi geritur res; spernitur orator," ³non solum odiosus in dicendo, ac loquax, verum etiam "bonus: horridus miles amatur :" vestrum vero studium totum jacet. "Non ex jure manu consertum, sed 'mage ferro," inquit, rem repetunt." Quod si ita est, cedat, opinor, Sulpici, forum castris, otium militiae, "stilus gladio, umbra soli: sit denique in civitate ea 'prima res, propter quam ipsa est civitas omnium princeps. 31. Verum haec Cato nimium nos nostris verbis magna facere demonstrat; et oblitos esse, bellum illud omne Mithridaticum cum muli- erculis esse gestum. Quod ego longe secus existimo, judices: deque eo pauca disseram; neque enim causa in hoc continetur. cum Nam, si omnia bella, quae 10cum Graecis gessimus, contemnenda sunt, derideatur de rege Pyrrho triumphus M' Curii de Philippo, T. Flaminini: de Aetolis, M. Fulvii de rege Perse, L. Paulli: de Pseudophilippo, Q. Metelli: de Corinthiis, L. Mummii: sin haec bella gravissima victoriaeque eorum bellorum gratissimae fue- runt; cur Asiaticae nationes, atque ille a te hostis contemnitur? Atqui, ex veterum rerum monumentis, vel maximum bellum populum Romanum cum 12 Antiocho gessisse video: cujus belli victor 13L. Scipio, partita cum Publio fratre gloria, quam laudem ille, Africa op- pressa, 14cognomine ipso prae se ferebat, eandem hic sibi ex Asiae nomine assumpsit. 32. Quo quidem in bello virtus enituit egregia 15M. Catonis, proavi tui: quo ille, cum esset, ut ego mihi statuo, talis, qualem te esse video, 16nunquam esset profectus, si esset profectus, si cum mulierculis bellandum esse arbitraretur. Neque vero cum P. Afri- cano senatus egisset, ut legatus fratri proficisceretur ; cum ipse, paullo ante, Hannibale ex Italia expulso, ex Africa ejecto, Carthagine oppressa, maximis periculis rempublicam liberasset, nisi illud grave bellum et vehe- mens putaretur. I 10 110 ORATIO PRO L. MURENA. XV. ATQUI, si diligenter, 'quid Mithridates potuerit, et quid effecerit, et qui vir fuerit, consideraris; omnibus regibus, quibuscum populus Romanus bellum gessit, hunc regem nimirum antepones; quem L. Sulla, maximo et fortissimo exercitu, 2pugna excitatum, non rudis impera- tor, ut aliud nihil dicam, bello invectum totam in Asiam, Scum pace dimisit: quem L. Murena, pater hujusce, vehementissime vigilantissimeque vexatum, repressum magna ex parte, non oppressum reliquit: qui rex, sibi aliquot annis sumptis ad confirmandas rationes et copias belli, tantum ipse opibus conatuque invaluit, ut se Ocea- num cum Ponto, Sertorii copias cum suis conjuncturum putaret. 33. Ad quod bellum 'duobus consulibus ita missis, ut alter Mithridatem persequeretur, alter Bithy- niam tueretur: alterius res et terra et mari calamitosae vehementer et opes regis et nomen auxerunt: L. Luculli vero res tantae exstiterunt, ut neque majus bellum com- memorari possit, neque majore consilio et virtute gestum. ⁹Nam, cum totius impetus belli ad Cyzicenorum moenia constitisset, eamque urbem sibi Mithridates 10Asiae januam fore putasset, qua effracta et revulsa, tota pateret pro- vincia: perfecta ab Lucullo haec sunt omnia, ut urbs fide- lissimorum sociorum defenderetur, ¹¹et omnes copiac regis diuturnitate obsessionis consumerentur. Quid? illam 12pugnam navalem ad Tenedum, cum contento cursu, acerrimis ducibus, hostium classis Italiam spe atque animis inflata peteret, mediocri certamine et parva dimicatione commissam arbitraris? Mitto proelia: prae- tereo oppugnationes oppidorum. Expulsus regno tandem aliquando, tantum tamen consilio atque auctoritate valuit, ut se, rege Armeniorum adjuncto, novis opibus copiis- que renovarit. XVI. Ac, si mihi nunc de rebus gestis esset nostri exercitus imperatorisque dicendum, plurima et maxima proelia commemorare possem. 14 Sed non id agimus 34. Hoc dico: si bellum hoc, si hic hostis, si ille rex contemnendus fuisset, neque tanta cura 15senatus et po- ORATIO PRO L. MURENA. 111 con- pulus Romanus suscipiendum putasset, neque tot annos gessisset, neque tanta gloria L. Luculli: neque vero ejus belli conficiendi curam tanto studio 'populus Ro- manus ad Cn. Pompeium detulisset: cujus ex omnibus pugnis, quae sunt innumerabiles, ²vel acerrima mihi vid- etur illa, quae cum rege commissa est, et summa tentione pugnata. Qua ex pugna cum se ille eripuisset, et ³Bosporum confugisset, quo exercitus adire non posset: *etiam in extrema fortuna et fuga, nomen tamen retinuit regium. Itaque ipse Pompeius, regno possesso, ex om- nibus oris ac notis sedibus hoste pulso, 5tamen tantum in unius anima posuit, ut, cum omnia, quae ille tenuerat, adierat, sperarat, victoria possideret; tamen non ante quam illum vita expulit bellum confectum judicarit. Hunc tu hostem, Cato, contemnis, quocum per tot annos, tot proeliis, tot imperatores bella gesserunt? cujus ex- pulsi et ejecti vita tanti aestimata est, ut, morte ejus nuntiata, tum denique bellum confectum arbitraremur? Hoc igitur in bello L. Murenam, legatum fortissimi ani- mi, summi consilii, maximi laboris cognitum esse de- fendimus et hanc ejus operam non minus ad consula- tum adipiscendum, quam hanc nostram forensem industriam, dignitatis habuisse. XVII. 35. "AT enim in praeturae petitione prior re- nuntiatus est Servius."-10Pergitisne vos, tamquam ex 11syngrapha, agere cum populo, ut, quem locum semel honoris cuipiam dederit, eundem 12reliquis honoribus debeat? 13Quod enim fretum, quem 14Euripum tot motus, tantas, tam varias habere putatis agitationes fluctuum, quantas perturbationes et quantos aestus habet ratio comitiorum? Dies intermissus unus, aut nox interposita, saepe perturbat omnia: et 15totam opinionem parva non- nunquam commutat aura rumoris. Saepe etiam sine ulla aperta causa fit aliud, atque existimamus, ut nonnunquam ita factum esse etiam populus admiretur: quasi vero non ipse fecerit. 36. Nihil est incertius vulgo, nihil obscurius voluntate hominum, 16nihil fallacius ratione ! 112 ORATIO PRO L. MURENA. tota comitiorum. Quis L. Philippum summo ingenio, ¹opera, gratia, nobilitate, a M. Herennio superari posse arbitratus est? quis 2Q. Catulum, humanitate, sapientia, integritate antecellentem, a Cn. Mallio? quis M. Scau- rum, ³hominem gravissimum, civem egregium, fortissimum senatorem, a Q. Maximo? Non modo horum nihil ita fore putatum est, sed ne cum esset factum quidem, qua- re ita factum esset intelligi potuit. Nam ut tempestates 4saepe certo aliquo coeli signo commoventur, saepe im- proviso, nulla ex certa ratione, obscura aliqua ex causa concitantur: sic, in hac comitiorum tempestate populari, saepe intelligas, quo signo commota sit; saepe ita ob- scura causa est, ut casu excitata esse videatur. XVIII. 37. SED tamen, si est reddenda ratio, duae res vehementer in praetura desideratae sunt, quae ambae in consulatu Murenae profuerunt: una, exspectatio mune- ris, quae et rumore nonnullo, et studiis sermonibusque competitorum creverat: ⁹altera, quod ii, quos in provincia ac legatione omnis et liberalitatis et virtutis suae testes habuerat, nondum decesserant. Horum utrumque ei fortuna ad consulatus petitionem reservavit. Nam et L. Luculli exercitus, qui ad triumphum convenerat, idem 10comitiis L. Murenae praesto fuit; et munus amplissi- mum, quod petitio praeturae desiderabat, praetura restituit. 38. Num tibi haec parva videntur adjumenta et subsidia consulatus? 12 Voluntas militum? quae cum per se valet multitudine, tum apud suos gratia, tum vero in consule declarando multum etiam apud universum populum Ro- manum auctoritatis habet. Suffragatio militaris? impera- tores enim comitiis consularibus, non 13 verborum inter- pretes deliguntur. 14Quare gravis est illa oratio, "me saucium recreavit : me praeda donavit: hoc duce castra cepimus, signa contulimus: nunquam iste plus militi laboris imposuit, quam sibi sumpsit ipse; 15 cum fortis, tum etiam felix." 16Hoc quanti putas esse ad famam hominum ac voluntatem? 17Etenim si tanta illis comitiis religio est, ut adhuc semper 18omen valuerit praerogati- ORATIO PRO L. MURENA. 113 vum: quid mirum est, in hoc felicitatis famam sermo- nemque valuisse? XIX. SED, si haec ¹leviora ducis, quae sunt gravissima, 2et hanc urbanam suffragationem militari anteponis, noli 3ludorum hujus elegantiam, et scenae magnificentiam valde contemnere ; quae huic admodum admodum profuerunt. Nam quid ego dicam, populum ac vulgus imperitorum ludis magno opere delectari? Minus est mirandum. "Quamquam huic causae id satis est: sunt enim populi ac multitudinis comitia. Quare si populo ludorum mag- nificentia voluptati est, non est mirandum, eam L. Mu- renae apud populum profuisse. 39. Sed si nosmet ipsi, qui et ab delectatione omni negotiis impedimur, et in ipsa occupatione delectationes alias multas habere pos- sumus, ludis tamen oblectamur et ducimur; quid tu ad- mirere de multitudine indocta? 40. 8L. Otho, vir fortis, meus necessarius, equestri ordini restituit non solum dignitatem, sed etiam voluptatem. Itaque lex haec, quae ad ludos pertinet, est omnium gratissima, quod honestissimo ordini 10cum splendore fructus quoque ju- cunditatis est restitutus. Quare delectant homines, mihi crede, ludi, etiam illos, qui dissimulant, non solum eos, qui fatentur: quod ego ¹¹in mea petitione sensi. 12Nam nos quoque habuimus scenam competitricem. Quod si ego, qui ¹³trinos ludos aedilis feceram, tamen Antonii ludis 14commovebar: tibi, qui casu nullos feceras, 15nihil hujus istam ipsam, quam irrides, argenteam scenam, ad- versatam putas ? 41. Sed haec sane sint paria omnia: 16sit par forensis opera militari: sit par militari suffraga- tio urbana: sit idem magnificentissimos et nullos um- quam fecisse ludos; quid? in ipsa praetura nihilne existimas 17inter tuam et istius sortem interfuisse ? XX. 18HUJUS sors ea fuit, quam omnes tui necessarii tibi optabamus, juris dicundi: in qua 19gloriam conciliat magnitudo negotii, gratiam aequitatis largitio: qua in sorte sapiens praetor, qualis hic fuit, offensionem vitat 20aequabilitate decernendi, benevolentiam adjungit lenitate 10* 114 ORATIO PRO L. MURENA. audiendi. Egregia et ad consulatum apta provincia, in qua laus aequitatis, integritatis, facilitatis, ¹ad extremum ludorum voluptate concluditur. 42. 2Quid tua sors? 3tristis, atrox quaestio peculatus, ex altera parte, lacri- marum et 4squaloris, ex altera, plena catenarum atque indicum. Cogendi judices inviti, retinendi contra vol- untatem: 7scriba damnatus, ordo totus alienus: Sullana gratificatio reprehensa; multi viri fortes, et prope pars civitatis offensa est: 1ºlites severe aestimatae; cui placet, obliviscitur, cui dolet, meminit. Postremo tu in provinciam ire noluisti. Non possum id in te repre- hendere, quod in me ipso et praetor et consul probavi. Sed tamen 12L. Murenae provincia multas bonas gratias cum optima existimatione attulit. Habuit proficiscens delectum in Umbria: dedit ei 13facultatem respublica liberalitatis qua usus, multas sibi tribus, ¹4quae muni- cipiis Umbriae conficiuntur, adjunxit. Ipsa autem in Gallia, 15ut nostri homines desperatas jam pecunias exige- rent, aequitate diligentiaque perfecit. Tu interea Romae 16scilicet amicis praesto fuisti. Fateor: sed tamen illud cogita, nonnullorum amicorum studia minui solere in eos, a quibus provincias contemni intelligant. XXI. 43. ET, quoniam ostendi, judices, parem digni- tatem ad consulatus petitionem, 17disparem fortunam provincialium negotiorum in Murena atque in Sulpicio fuisse; dicam jam apertius, in quo meus necessarius fuerit inferior Servius, et ea dicam, vobis audientibus, 18amisso jam tempore, quae ipsi soli, re integra, saepe dixi. Petere consulatum nescire te, Servi, persaepe tibi dixi: et 19in iis rebus ipsis, quas te magno et forti ani- mo et agere et dicere videbam, tibi solitus sum dicere, magis te fortem senatorem mihi videri, quam sapientem candidatum. Primum 20accusandi terrores et minae, quib- us tu quotidie uti solebas, sunt fortis viri; sed et pop- uli opinionem 21a spe adipiscendi avertunt, et amicorum studia debilitant. Nescio quo pacto semper hoc fit: neque 22in uno aut altero animadversum est, sed jam in # ORATIO PRO L. MURENA. 115 pluribus; simul atque candidatus accusationem meditari visus est, ut honorem desperasse videatur. 44. ¹Quid ergo? acceptam injuriam persequi non placet? Immo vehementer placet: sed aliud tempus est petendi, aliud persequendi. Petitorem ego, praesertim consulatus, magna spe, magno animo, magnis copiis et in forum et in campum deduci volo: non placet mihi inquisitio candi- dati, praenuntia repulsae: non testium potius, quam suf- fragatorum comparatio: non minae magis, quam blandit- iae: non declamatio potius, quam persalutatio praeser- tim cum jam, hoc novo more, omnes fere domos omnium concursent, et ex vultu candidatorum faciant, quantum quisque animi et facultatis habere videatur. 45. "Vides- ne tu illum tristem? demissum? jacet, diffidit, abjecit hastas." Serpit hic rumor: "scis tu illum accusationem cogitare? inquirere in competitores? testes quaerere? Ali- um faciam, quoniam sibi hic ipse desperat." Ejusmodi can- didatorum amici intimi debilitantur, studia deponunt, aut testatam rem abjiciunt, aut suam 10operam et gratiam judicio et accusationi reservant. XXII. ACCEDIT eodem, ut etiam ipse candidatus ¹¹to- tum animum, atque omnem curam, operam, diligentiam- que suam in petitione non possit ponere. Adjungitur enim accusationis cogitatio, 12non parva res, sed nimirum omnium maxima. Magnum est enim, te 13 comparare ea, quibus possis hominem e civitate, praesertim non inopem, neque infirmum, exturbare; qui et per se, et per suos, et vero ¹¹etiam per alienos defendatur. Omnes enim ad pericula propulsanda concurrimus; et qui non aperte inimici sumus, etiam alienissimis, 15in capitis periculis, amicissimorum officia et studia praestamus. 46. Quare ego expertus et petendi, et defendendi, et accusandi molestiam, 16sic intellexi: in petendo, studium esse acer- rimum ; in defendendo, officium; in accusando laborem. Itaque 17sic statuo, fieri nullo modo posse, 18ut idem accusationem et petitionem consulatus diligenter adornet atque instruat. 19Unum sustinere pauci possunt, utrum- 116 ORATIO PRO L. MURENA. 1 que nemo. Tu, 'cum te de curriculo petitionis deflexis- ses, animumque ad accusandum transtulisses, existimasti te utrique negotio satisfacere posse? Vehementer errasti. Quis enim dies fuit, posteaquam in istam accusandi de- nuntiationem ingressus es, quem tu non totum in ista ratione consumpseris? XXIII. ³LEGEM ambitus flagitasti, quae tibi non de- erat. 4 Erat enim severissime scripta Calpurnia. "Gestus est mos et voluntati et dignitati tuae. "Sed tota illa lex accusationem tuam, si haberes nocentem reum, fortasse armasset petitioni vero refragata est. 47. Poena grav- ior in plebem tua voce efflagitata est;—commoti animi tenuiorum ;-⁹exsilium in nostrum ordinem: concessit senatus postulationi tuae, 10sed non libenter duriorem fortunae communi communi conditionem te auctore, constituit. 11Morbi excusationi poena addita est. 12voluntas offensa multorum, quibus aut contra valetudinis commodum labo- randum est, aut incommodo morbi etiam ceteri vitae fructus relinquendi. Quid ergo? 13haec quis tulit? 14Is, qui auctoritati senatus, voluntati tuae paruit: denique is tulit, qui minime probarat. 15Illa, quae mea summa voluntate senatus frequens repudiavit, mediocriter adver- sata tibi esse existimas ? 6Confusionem suffragiorum flagitasti, "prorogationem legis Maniliae, 18aequationem gratiae, dignitatis, suffragiorum. Graviter 19homines hon- esti, atque in suis vicinitatibus et municipiis gratiosi tulerunt, a tali viro esse pugnatum, ut omnes et 20digni- tatis et gratiae gradus tollerentur. 21Idem editicios judi- ces esse voluisti, 22ut odia occulta civium, quae tacitis nunc discordiis continentur, in fortunas optimi cujusque erumperent. 48. Haec omnia tibi accusandi viam muni- ebant, 23adipiscendi obsaepiebant. Atque 24ex omnibus illa plaga est injecta petitioni tuae, non tacente me, maxima: de qua ab homine ingenio- sissimo et copiosissimo, Hortensio, multa gravissime dicta sunt. Quo etiam mihi 25durior locus dicendi datus: ut, cum ante me et ille dixisset, et vir summa ORATIO PRO L. MURENA. 117 dignitate, et diligentia, et facultate dicendi, M. Crassus, lego in extremo non partem aliquam agerem causae, sed de tota re dicerem, quod mihi videretur. Itaque in iis- dem rebus fere versor, et, quoad possum, judices, oc- curro vestrae sapientiae. XXIV. SED tamen, Servi, quam te securim putas injecisse petitioni tuae, cum tu populum Romanum in eum metum adduxisti, ut pertimesceret, ne consul Cati- lina fieret, dum tu accusationem comparares, deposita atque abjecta petitione? 49. Etenim te inquirere vide- bant, tristem ipsum, moestos amicos; observationes, testificationes, seductiones testium, "secessionem sub- scriptorum animadvertebant: quibus rebus certe ipsi can- didatorum vultus obscuriores videri solent; Catilinam in- terea alacrem atque laetuin, stipatum choro juventutis, vallatum indicibus atque sicariis, inflatum cum spe mi- litum, tum collegae mei, quemadmodum dicebat ipse, promissis; circumfluentem colonorum 10Arretinorum et Fesulanorum exercitu; quam turbam, dissimillimo ex genere, distinguebant homines "perculsi Sullani temporis calamitate. Vultus erat ipsius plenus furoris : oculi sceleris sermo, arrogantiae: sic ut ei jam exploratus et 12domi conditus consulatus videretur. Murenam con- temnebat: Sulpicium 13accusatorem suum numerabat, non competitorem ei vim denuntiabat: reipublicae minabatur. : XXV. 50. QUIBUS rebus qui timor bonis omnibus in- jectus sit, quantaque desperatio reipublicae, si ille factus. esset, nolite a me commoneri velle: vosmet ipsi vobis- cum recordamini. Meministis enim, cum illius nefarii gladiatoris voces 15percrebuissent, quas habuisse in concio- ne domestica dicebatur, cum miserorum fidelem defensorem negasset inveniri posse, nisi 16eum, qui ipse miser esset: integrorum et fortunatorum promissis saucios et miseros credere non oportere : quare qui 18consumpta replere, erepta recuperare vellent, spectarent, quid ipse deberet, quid possideret, quid auderet: minime timidum, ! 118 ORATIO PRO L. MURENA. et valde calamitosum esse oportere eum, qui esset futu- rus dux et signifer calamitosorum. 51. Tum igitur, his rebus auditis, meministis fieri senatusconsultum, ¹referente me, ne postero die comitia haberentur, ut de his rebus in senatu agere possemus. Itaque postridie, frequenti senatu, 2Catilinam excitavi, atque eum de his rebus jussi, si quid vellet, quae ad me allatae essent, dicere. Atque ille, ut semper fuit ³apertissimus, non se purgavit, sed indicavit atque induit. Tum enim dixit, duo corpora esse reipublicae, unum debile, infirmo capite: alterum firmum, sine capite: huic, cum ita de se meritum esset, caput, se vivo, non defuturum. "Congemuit senatus frequens, neque tamen satis severe pro rei indignitate decrevit. Nam partim ideo fortes in decernendo non erant, quia nihil timebant: partim, quia timebant. 6 Tum erupit e senatu, triumphans gaudio, quem omnino vivum illinc exire non oportuerat: praesertim cum idem ille in eodem ordine 7paucis diebus ante Catoni, fortissimo viro, judicium minitanti ac denuntianti, respondisset, si quod esset in suas fortunas incendium excitatum, id se non aqua, sed ruina restincturum. XXVI. 52. His tum rebus commotus, et quod homi- nes jam tum conjuratos cum gladiis in campum deduci a Catilina sciebam, descendi in campum cum firmissi- mo praesidio fortissimorum virorum, et cum illa lata insignique lorica, non quae me tegeret, (etenim sciebam Catilinam non latus aut ventrem, sed caput et collum solere petere,) verum ut omnes boni animadverterent, et, cum in metu et periculo consulem viderent, id quod est factum, ad opem praesidiumque meum concurrerent. Itaque cum te, Servi, 10remissiorem in petendo putarent, Catilinam et spe et cupiditate inflaminatum viderent, omnes, qui illam ab republica pestem depellere cupiebant, ad Murenam se statim contulerunt. 53. 11Magna est autem comitiis consularibus repentina voluntatum inclina- tio, praesertim cum incubuit 12ad virum bonum et multis aliis adjumentis petitionis ornatum. Qui cum honestis- ORATIO PRO L. MURENA. 119 simo patre atque majoribus, ¹modestissima adolescentia, clarissima legatione, praetura probata in jure, grata in munere, ornata in provincia, petisset diligenter, et ita petisset, ut neque minanti cederet, neque cuiquam mina- retur: huic mirandum est, magno adjumento Catilinae subitam spem consulatus adipiscendi fuisse? 54. Nunc mihi tertius ille locus est orationis de am- bitus criminibus, perpurgatus ab iis, qui ante me dixe- runt, a me, quoniam ita Murena voluit, retractandus: quo in loco Postumio, familiari meo, ornatissimo viro, 'de divisorum indiciis et de deprehensis pecuniis, adolescenti ingenioso et bono, Ser. Sulpicio, 'de equitum centuriis, M. Catoni, homini in omni virtute excellenti, de ipsius accusatione, de senatusconsulto, de republica respondebo. XXXII. 55. SED pauca, quae meum animum repente moverunt, prius de L. Murenae fortuna conquerar. Nam cum saepe antea, judices, et ex aliorum miseriis, et ex meis curis laboribusque quotidianis, fortunatos eos homines judicarem, qui, remoti a studiis ambitionis, otium ac tranquillitatem vitae secuti sunt: tum vero in his L. Murenae tantis tamque improvisis periculis ita sum animo affectus, ut non queam satis neque communem omnium nostrum conditionem, neque hujus eventum for- tunamque miserari: qui, primum, dum ex honoribus con- tinuis familiae majorumque suorum unum adscendere gradum dignitatis conatus est, venit in periculum, ne et ¹¹ea, quae relicta, et haec, quae ab ipso parta sunt, amit- tat; deinde, 12propter studium novae laudis, etiam in veteris fortunae discrimen adducitur. 56. Quae cum sint gravia, judices, tum illud acerbissimum est, quod habet eos accusatores, non qui ¹³odio inimicitiarum ad accus- andum, sed qui studio accusandi ad inimicitias descen- derunt. Nam, ut omittam Servium Sulpicium, quem in- telligo non injuria L. Murenae, sed honoris contentione permotum, accusat 15paternus amicus, Cn. Postumius, vetus, ut ait ipse, vicinus ac necessarius; 16qui necessi- tudinis causas complures protulit, simultatis nullam com- / 120 ORATIO PRO L. MURENA. memorare potuit: accusat Ser. Sulpicius, sodalis filii, 2cujus ingenio paterni omnes necessarii munitiores esse debebant: accusat M. Cato, qui quamquam a Murena nulla re umquam alienus fuit, tamen ea conditione nobis erat in hac civitate natus, ut ejus opes et ingenium praesidio multis etiam alienissimis, vix cuiquam inimico, exitio esse deberent. 57. Respondebo igitur Postumio primum, qui, nescio quo pacto, mihi videtur praetorius candidatus in consularem, quasi desultorius in quadriga- rum curriculum, incurrere. Cujus competitores si nihil deliquerunt, dignitati eorum concessit, cum petere de- stitit; sin autem eorum aliquis largitus est, expetendus amicus est, qui alienam potius injuriam, quam suam persequatur. XXVIII. 58. 6Venio nunc ad M. Catonem, quod est firmamentum ac robur totius accusationis; qui tamen ita gravis est accusator et vehemens, ut multo magis ejus auctoritatem, quam criminationem pertimescam. In quo ego accusatore, judices, primum illud deprecabor, ne quid L. Murenae dignitas illius, ne quid exspectatio tribunatus, ne quid totius vitae splendor et gravitas noceat: denique ne ea soli huic obsint bona M. Catonis, quae ille adeptus est, ut multis prodesse posset. Bis consul fuerat 10P. Africanus, et duos terrores hujus imperii, Car- thaginem Numantiamque, deleverat, cum accusavit L. Cottam. Erat in eo summa eloquentia, summa fides, summa integritas, auctoritas tanta, quanta ¹¹in ipso imper- io populi Romani, quod illius opera tenebatur. Saepe hoc majores natu dicere audivi, hanc accusatoris eximi- am dignitatem plurimum 12L. Cottae profuisse. Nolue- runt sapientissimi homines, qui tum rem illam judica- bant, ita quemquam 13cadere in judicio, ut nimiis ad- versarii viribus abjectus videretur. 59. Quid? 14Ser. Galbam (nam traditum memoriae est) nonne proavo tuo, fortissimo atque florentissimo viro, M. Catoni, incum- benti ad ejus perniciem, populus Romanus eripuit? Semper in hac civitate nimis magnis accusatorum ORATIO PRO L. MURENA. 121 " opibus et populus universus, et sapientes ac ¹multum in posterum prospicientes judices restiterunt. 2Nolo accusator in judicium potentiam afferat, non vim ma- jorem aliquam, non auctoritatem excellentem, non nimiam gratiam. Valeant haec omnia ad salutem innocentium, ad opem impotentium, ad auxilium calamitosorum: in periculo vero, et in pernicie civium, repudientur. 60. Nam si quis hoc forte dicet, Catonem descensurum ad accusandum non fuisse, nisi prius de causa judicasset; iniquam legem, judices, et miseram conditionem instit- uet periculis hominum, si existimabit, judicium accusa- toris in reum pro aliquo praejudicio valere oportere. CC XXIX. EGO tuum consilium, Cato, propter singu- lare animi mei de tua virtute judicium, vituperare non audeo; nonnulla in re forsitan conformare et leviter emendare possim. 8" Non multa peccas," inquit ille fortissimo viro senior magister: 'sed, si peccas, te regere possum." At ego te verissime dixerim peccare nihil, neque ulla in re te esse hujusmodi, ut corrigen- dus potius, quam leviter leviter inflectendus esse videare. Finxit enim te ipsa natura ad honestatem, gravitatem, temperantiam, magnitudinem animi, justitiam, ad omnes denique virtutes magnum hominem et excelsum. 10 Ac- cessit istuc doctrina non moderata, ¹¹nec mitis, sed, ut mihi videtur, paullo asperior, et durior, quam aut veri- tas aut natura patiatur. 61. Et quoniam non est no- bis haec oratio habenda aut 12cum 13imperita multitudine, aut in aliquo conventu agrestium, audacius paullo de 14studiis humanitatis, quae et mihi et vobis nota et jucunda sunt, disputabo. In M. Catone, judices, 15haec · bona, quae videmus, divina et egregia, ipsius scitote esse propria. Quae nonnunquam requirimus, ea sunt omnia non a natura, sed a magistro. 16Fuit enim qui- dam summo ingenio vir, "Zeno, cujus inventorum aemuli 18Stoici nominantur. Hujus 19sententiae sunt et prae- cepta ejusmodi: 20sapientem 21gratia nunquam moveri, nunquam cujusquam delicto ignoscere: neminem miseri- • 11 122 ORATIO PRO L. MURENA. cordem esse, nisi stultum et levem: viri non esse, ne- que exorari, neque placari: 'solos sapientes esse, si dis- tortissimi sint, formosos; si mendicissimi, divites; ²si servitutem serviant, reges: nos autem, qui sapientes non sumus, fugitivos, exsules, hostes, insanos denique esse dicunt: ³omnia peccata esse paria: omne delictum scelus esse nefarium: nec minus delinquere eum, qui gallum gallinaceum, cum opus non fuerit, quam eum, qui patrem suffocaverit: sapientem nihil opinari, nullius rei poenit- ere, nulla in re falli, sententiam mutare nunquam. 6 Petunt XXX. 62. HAEC homo ingeniosissimus, M. Cato, 5auctoribus eruditissimis inductus, arripuit: neque dispu- tandi causa, ut magna pars, sed ita vivendi. aliquid publicani? 7" Cave quidquam habeat momenti gratia." Supplices aliqui veniunt, miseri et calamitosi? "Sceleratus et nefarius fueris, si quidquam, misericordia adductus, feceris." Fatetur aliquis se peccasse, et ejus delicti veniam petit? "Nefarium est facinus, ignoscere." At leve delictum est. "Omnia peccata sunt paria." 8 Dixisti quidpiam. "Fixum et statutum est." 9Non re ductus es, sed opinione. "Sapiens nihil opinatur." 10 Errasti aliqua in re. Maledici putat. Hac ex dis- ciplina nobis illa sunt: 126 Dixi in senatu me nomen consularis candidati delaturum. Iratus dixisti. "Nun- quam, inquit, sapiens irascitur.” 13 At temporis causa. Improbi," inquit, "hominis est, mendacio fallere; mutare sententiam, turpe est; exorari, scelus; misereri, flagitium." 63. 14Nostri autem illi, (fatebor enim, Cato, me quoque in adolescentia, diffisum ingenio meo, quaesisse adju menta doctrinae,) nostri, inquam, illi a Platone et Aristot- ele, moderati homines et temperati, aiunt, apud sapien- tem 15valere aliquando gratiam: viri boni esse misereri: distincta genera esse delictorum, et dispares poenas: esse apud 16hominem constantem ignoscendi locum: ip- sum sapientem 17saepe aliquid opinari, quod nesciat: irasci nonnunquam: exorari eundem et placari: quod dixerit, interdum, si ita rectius sit, mutare: de sententia ' ORATIO PRO L. MURENA. 123 decedere aliquando: ¹omnes virtutes mediocritate qua- dam esse moderatas. XXXI. 64. 2Hos ad magistros si qua te fortuna, Cato, cum ista natura detulisset, non tu quidem vir melior esses, nec fortior, nec temperantior, nec justior, (neque enim esse potes,) sed 3paullo ad lenitatem pro- pensior. Non accusares nullis adductus inimicitiis, nulla lacessitus injuria, *pudentissimum hominem, summa dignitate atque honestate praeditum: putares cum sin ejusdem anni custodia te atque L. Murenam fortuna posuisset, aliquo te cum hoc reipublicae vinculo esse conjunctum quod atrociter in senatu dixisti, aut non dixisses, aut seposuisses, aut mitiorem in partem inter- pretarere. 65. Ac te ipsum (quantum ego opinione augu- ror) nunc et animi et animi quodam impetu concitatum, et vi naturae atque ingenii elatum, et recentibus 'praeceptorum studiis flagrantem jam usus flectet, dies leniet, aetas mitigabit. Etenim isti ipsi mihi videntur vestri prae- ceptores et virtutis magistri fines officiorum paullo lon- gius, quam natura vellet, protulisse: 9ut, cum ad ultimum anima contendissemus, ibi tamen, ubi oportet, consiste- remus. 10 Nihil ignoveris." "Immo aliquid, non omnia. "Nihil gratiae causa feceris." 12Immo resistito gratiae, cum officium et fides postulabit. "Misericordia com- motus ne sis." 13Etiam; in dissolvenda severitate: sed tamen est laus aliqua humanitatis. 14" In sententia per- Vero; nisi sententiam alia vicerit melior. 66. Hujuscemodi 15Scipio ille fuit, quem non poenitebat facere idem, quod tu: habere eruditissimum hominem, et paene divinum domi: 16cujus oratione et praeceptis, quamquam erant 17eadem ista, quae te delectant, tamen asperior non est factus, sed (ut accepi a senibus) lenis- simus. Quis vero C. Laelio comior? quis jucundior, eodem ex studio isto? quis illo gravior, sapientior? Pos- sum de 18L. Philo, de C. 19Gallo dicere haec eadem: sed te domum jam deducam tuam. Quemquamne exis- timas 20Catone, proavo tuo, commodiorem, 2comiorem, maneto." 124 ORATIO PRO L. MURENA. ¹moderatiorem fuisse ad omnem rationem humanitatis? De cujus praestanti virtute cum vere graviterque diceres, domesticum 2te habere dixisti exemplum ad imitandum. Est illud quidem exemplum tibi propositum domi: sed tamen naturae similitudo illius ad te magis, qui ab illo ortus es, quam ad unumquenique nostrûm pervenire potuit : ad imitandum vero tam mihi propositum exemplar illud est, quam tibi. Sed, si illius ³comitatem et facilitatem tuae gravitati severitatique adsperseris, non ¹ista quidem erunt meliora, quae nunc sunt optima, sed certe condita jucundius. XXXII. 67. QUARE, ut ad id, quod institui, revertar, 5tolle mihi e causa nomen Catonis : remove ac praeter- mitte auctoritatem, quae in judiciis aut nihil valere, aut ad salutem debet valere: congredere mecum criminibus ipsis. Quid accusas, Cato? quid affers in judicium? quid arguis? Ambitum accusas ? Non defendo. 'Me reprehendis, quod idem defendam, quod lege punierim. "Punivi ambitum, non innocentiam. 9Ambitum vero ip- sum vel tecum accusabo, si voles. Dixisti, senatus- consultum, me referente, esse factum, 10 si mercede 11corrupti obviam candidatis issent, si conducti secta- rentur, si gladiatoribus vulgo locus tributim, et item prandia si vulgo essent data, contra legem Calpurniam. factum videri." Ergo ita senatus judicat, contra legem facta haec videri, 13si facta sint: decernit, quod nihil opus est, dum candidatis morem gerit. 14Nam factum sit, necne, vehementer quaeritur. Si factum sit, quin contra legem sit, dubitare nemo potest. 68. Est igitur ridiculum, quod est dubium, id relinquere incertum: quod nemini dubium potest esse, id judicare. 15 Atqui id de- cernitur omnibus postulantibus candidatis: ut ex sena- tusconsulto, neque cujus intersit, neque contra quem sit, intelligi possit. Quare doce, a L. Murena illa commissa: tum egomet tibi, contra legem com- missa esse, concedam. esse XXXIII. “16MULTI obviam prodierunt de provincia ORATIO PRO L. MURENA. 125 11 decedenti, consulatum petenti." Solet fieri. 'Eccui au- tem non proditur revertenti ? 2 Quae fuit ista multi- tudo!" Primum, si tibi ³istam rationem non possim reddere quid habet admirationis, tali viro advenienti, candidato consulari, obviam prodisse multos? quod nisi esset factum, magis mirandum videretur. videretur. 69. Quid? si etiam illud addam, quod a consuetudine non abhorret, rogatos esse multos? num aut criminosum sit, aut mi- randum, qua in civitate rogati infimorum hominum filios, prope de nocte, ex ultima saepe urbe, deductum venire. soleamus, in ea non esse gravatos homines prodire hora tertia in campum Martium, praesertim talis viri nomine rogatos? Quid? si 'omnes societates venerunt, quarum ex numero multi hic sedent judices? quid? si multi homines nostri ordinis honestissimi? quid? si illa officiosissima, quae neminem patitur non honeste in urbem introire, Stota natio candidatorum? si denique ipse accusator noster Postumius obviam cum bene magna caterva sua venit: quid habet ista multitudo admiratio- nis? Omitto ¹ºclientes, vicinos, tribules, exercitum totum Luculli, qui ad triumphum per eos dies venerat : hoc dico, frequentiam in isto officio gratuitam, non modo dignitati ullius umquam, sed ne voluntati quidem defuisse. 70. 12" At sectabantur multi."-Doce, mercede: conced- am esse crimen. Hoc quidem remoto, quid reprehendis ? XXXIV. 13" QUID opus est, inquit, sectatoribus ?"- A me tu id quaeris, quid opus sit eo, quo semper usi sumus ? 15 Homines tenues unum habent in nostrum ordinem aut promerendi aut referendi beneficii locum, hanc in nostris petitionibus operam atque assectationem. 16Neque enim fieri potest, neque postulandum est a no- bis, aut ab equitibus Romanis, ut suos necessarios can- didatos sectentur totos dies: 17a quibus si domus nostra celebratur, si interdum ad forum deducimur, si uno 18basilicae spatio honestamur, diligenter observari vide- mur et coli: 19tenuiorum et non occupatorum amicorum est ista assiduitas, quorum copia bonis et beneficis. 14 11* 126 ORATIO PRO L. MURENA. deesse non solet. 71. Noli igitur eripere ¹hunc inferiori generi hominum fructum officii, Cato: sine eos, qui omnia a nobis sperant, habere ipsos quoque aliquid, quod nobis tribuere possint. 2Si nihil erit, praeter ipso- rum suffragium, tenue est: si, ut suffragentur, nihil valent gratia. Ipsi denique, ut solent loqui, ³non dicere pro nobis, non spondere, non vocare domum suam pos- sunt: atque haec a nobis petunt omnia, neque ulla re alia, quae a nobis consequuntur, nisi opera sua, com- pensari putant posse. Itaque et legi Fabiae, quae est de numero sectatorum, et senatusconsulto, quod est L. Caesare consule factum, restiterunt. "Nulla est enim poena, quae possit observantiam tenuiorum ab hoc vetere instituto officiorum excludere.-72. 8" At spectacula sunt tributim data, et ad prandium vulgo vocati.”—Etsi hoc factum a Murena omnino, judices, non est, ab ejus ami- cis autem more et modo factum est; tamen admonitus re ipsa, recordor, quantum hae quaestiones in senatu habitae 10punctorum nobis, Servi, detraxerint. Quod enim tempus fuit aut nostra aut patrum nostrorum memor- ia, quo haec, sive ambitio est, sive liberalitas, non fuerit, ut locus et in circo et in foro daretur amicis et tribulibus? 12 Haec homines tenuiores primum, nondum qui a suis tribulibus vetere instituto assequebantur → XXXV. 73 *** 13 PRAEFECTUM fabrûm semel locum tribulibus suis 14dedisse: quid statuent in viros primarios, 15qui in circo totas tabernas, tribulium causa, compara- runt? 16Haec omnia sectatorum, spectaculorum, prandio- rum item crimina, a multitudine in tuam nimiam diligen- tiam, Servi, conjecta sunt: in quibus tamen Murena ab senatus auctoritate defenditur. Quid enim? Senatus num obviam prodire crimen putat? "Non; sed mercede." 17 Convince, Num sectari multos ? "Non; sed conduc tos." 18 Doce. Num locum ad spectandum dare? aut ad prandium invitare? "Minime; 19sed vulgo, passim."- Quid est vulgo? "Universos." Non igitur, si 20L. Nat- ta, summo loco adolescens, qui, et quo animo jam sit, ORATIO PRO L. MURENA. 127 et qualis vir futurus sit, videmus, in equitum centuriis. voluit esse et ad hoc officium necessitudinis, et ad reliquum tempus, gratiosus, id erit ejus vitrico fraudi, aut cri- mini: nec, si virgo Vestalis, hujus propinqua et neces- saria, locum suum gladiatoribus concessit huic, non et illa pie fecit, et hic a culpa est remotus. 6Omnia haec sunt officia necessariorum, commoda tenuiorum, munia candidatorum. 966 (6 74. At enim agit mecum 'austere et Stoice Cato. Negat verum esse, allici benevolentiam cibo: negat, Ⓡjudicium hominum in magistratibus mandandis corrumpi voluptatibus oportere. Ergo ad coenam, petitionis causa, si quis vocat, condemnetur. Quippe," inquit, "tu mihi summum imperium, tu summam auctoritatem, tu guber- nacula reipublicae petas fovendis hominum sensibus, et deleniendis animis, et adhibendis voluptatibus? 10Utrum lenocinium,” inquit, a grege delicatae juventutis, an orbis terrarum imperium a populo Romano petebas ?"—¹¹Hor- ribilis oratio: sed eam usus, vita, mores, civitas ipsa respuit. Neque tamen Lacedaemonii, 12auctores istius vitae atque orationis, qui quotidianis epulis in robore ac- cumbunt, neque vero 13Cretes, quorum nemo gustavit umquam cubans, 14melius, quam Romani homines, 15qui tempora voluptatis laborisque dispertiunt, respublicas suas retinuerunt: 16quorum alteri uno adventu nostri exercitus deleti sunt; alteri nostri imperii praesidio disciplinam suam legesque conservant. XXXVI. 75. QUARE noli, Cato, majorum instituta, quae res ipsa, quae diuturnitas imperii comprobat, nim- ium severa oratione reprehendere. Fuit 18eodem ex studio vir eruditus apud patres nostros, et honestus homo et nobilis, Q. Tubero. Is, cum 19epulum Q. Maximus, 20 Africani patrui sui nomine, populo Romano daret, roga- tus est a Maximo, 21ut triclinium sterneret, cum esset Tubero ejusdem Africani sororis filius. Atque ille, homo eruditissimus, ac Stoicus, 22stravit pelliculis haedinis lectulos Punicanos, et exposuit vasa Samia: quasi vero 128 ORATIO PRO L. MURENA. : esset Diogenes Cynicus mortuus, et non divini hominis Africani mors honestaretur; quem cum supremo ejus die Maximus laudaret, gratias egit diis immortalibus, quod ille vir in hac republica potissimum natus esset; necesse enim fuisse, ibi esse terrarum imperium, ubi ille esset. Hujus in morte celebranda graviter tulit populus Roma- nus ¹hanc perversam sapientiam Tuberonis. 76. Itaque 2homo integerrimus, civis optimus, cum esset L. Paulli nepos, P. Africani, ut dixi, sororis filius, ³his haedinis pelliculis praetura dejectus est. Odit populus Romanus privatam luxuriam, publicam magnificentiam diligit: non amat profusas epulas, sordes et inhumanitatem multo minus distinguit rationem officiorum ac temporum, vi- cissitudinem laboris ac voluptatis. Nam, quod ais, nulla re allici hominum mentes oportere ad magistratum man- dandum, nisi dignitate; hoc tu ipse, in quo summa est dignitas, non servas. Cur enim quemquam, ut studeat tibi, ut te adjuvet, rogas? Rogas tu me, ut mihi prae- sis, ut committam ego me tibi. Quid tandem? istuc me rogari oportet abs te, an te potius a me, ut pro mea salute laborem periculumque suscipias? 77. Quid? quod habes 'nomenclatorem? in eo quidem fallis et decipis. ⁹Nam, si nomine appellari abs te cives tuos honestum est, turpe est eos notiores esse servo tuo quam tibi. 10Sin, etiam si noris, tamen per monitorem appellandi sunt, ¹¹cur ante petis, quam insusurravit? aut quid, cum admoneris, tamen, quasi tute noris, ita salutas? quid, posteaquam es designatus, multo salutas negligentius? 12 Haec omnia ad rationem civitatis si dirigas, recta sunt: sin perpendere ad disciplinae praecepta velis, reperian- tur pravissima. Quare nec plebi Romanae eripiendi 13fructus isti sunt ludorum, gladiatorum, conviviorum, quae omnia majores nostri comparaverunt: 14nec candi- datis ista benignitas adimenda est, quae liberalitatem magis significat, quam largitionem. XXXVII. 78. 15AT enim te ad accusandum respublica adduxit. 16Credo, Cato, te isto animo atque ea opinione ORATIO PRO L. MURENA. 129 venisse. Sed tu imprudentia laberis. Ego quod facio, judices, cum amicitiae dignitatisque L. Murenae gratia facio, tum me pacis, otii, concordiae, libertatis, salutis, vitae denique omnium nostrum causa facere ¹clamo atque testor. Audite, audite consulem, judices, nihil dicam arrogantius, tantum dicam, totos dies atque noctes de republica cogitantem. Non usque co L. Catilina rem- publicam despexit atque contempsit, ut ea copia, quam secum eduxit, se hanc civitatem oppressurum arbitraretur. 2 Latius patet illius sceleris contagio, quam quisquam putat; ad plures pertinet. Intus, intus, inquam, est ³equus Trojanus: a quo nunquam, me consule, dormien- tes opprimemini. 79. Quaeris a me, quid ego Catilinam metuam. Nihil; et curavi, ne quis metueret: sed copias illius, quas hic video, dico esse metuendas: nec tam timendus est nunc exercitus L. Catilinae, quam isti, qui illum exercitum deseruisse dicuntur. Non enim deseru- erunt, sed ab illo in speculis atque insidiis relicti, in capite atque in cervicibus nostris restiterunt. Hi et inte- grum consulem, et bonum imperatorem, et natura, et fortu- na cum reipublicae salute conjunctum, dejici de urbis prae- sidio, et de custodia civitatis vestris sententiis deturbari volunt. Quorum ego ferrum et audaciam rejeci ⁹in cam- po, debilitavi in foro, compressi etiam domi meae saepe, judices, his vos si alterum consulem tradideritis, plus multo erunt vestris sententiis, quam suis gladiis con- secuti. Magni interest, judices, id quod ego multis re- pugnantibus egi atque perfeci, esse 10kalendis Januariis in republica duo consules. 80. Nolite arbitrari, medioc- ribus consiliis, aut usitatis viis, laut ** Non lex im- proba, non perniciosa largitio, non auditum aliquando aliquod malum 12reipublicae quaeritur. Inita sunt in hac civitate consilia, judices, urbis delendae, civium truci- dandorum, nominis Romani exstinguendi. Atque haec cives, cives, inquam, (si eos hoc nomine appellari fas est,) de patria sua et cogitant et cogitaverunt; horum ego quotidie consiliis occurro, audaciam debilito, sceleri 130 ORATIO PRO L. MURENA. resisto. Sed vos moneo, judices: ¹in exitu est jam meus consulatus: nolite mihi subtrahere 2vicarium meae diligentiae nolite adimere eum, cui rempublicam cupio tradere incolumem, ab his tantis periculis defendendam. vocaverunt. XXXVIII. 81. ATQUE ad haec mala, judices, quid accedat aliud, non videtis? Te, te appello, Cato: non- ne prospicis ³tempestatem anni tui? jam enim hesterna concione intonuit vox perniciosa designati tribuni, col- legae tui: contra quem multum 5tua mens, multum omnes boni providerunt, qui te ad tribunatus petitionem Omnia, quae per hoc triennium agitata sunt, jam ab eo tempore, quo 6a L. Catilina et Cn. Pisone initum consilium senatus interficiendi scitis esse, in hos dies, in hos menses, in hoc tempus erumpunt. 82. Qui locus est, judices, quod tempus, qui dies, quae nox, cum ego non ex istorum insidiis ac mucronibus, non solum meo, sed multo etiam magis divino consilio eripiar atque evolem? Neque isti me 'meo nomine interfici, sed vigilantem consulem de reipublicae prae- sidio demovere volunt: nec minus vellent, Cato, te quoque aliqua ratione, si possent, tollere: id quod, mihi crede, et agunt, et moliuntur. Vident, quantum in te sit animi, quantum ingenii, quantum auctoritatis, quan- tum reipublicae praesidii sed cum consulari auc- toritate et auxilio spoliatam vim tribuniciam viderint, tum se facilius inermem et debilitatum te oppressu- ros arbitrantur. Nam 10ne sufficiatur consul, non tim- 11Vident te in tuorum potestate collegarum fore: sperant ¹²sibi Silanum, clarum virum, sine collega, te sine consule, rempublicam sine praesidio objici posse. 83. His tantis in rebus tantisque in periculis, est tuum, M. Cato, qui non mihi, non tibi, sed patriae natus es, videre quid agatur, retinere adjutorem, defensorem, socium in republica, consulem 13non cupidum, consulem (quod maxime tempus hoc postulat) fortuna constitutum ad amplexandum otium: scientia, ad bellum gerendum: ¹ani- mo et usu, ad quod velis negotium, ent. ORATIO PRO L. MURENA. 131 XXXIX. QUAMQUAM hujusce rei potestas omnis in vobis sita est, judices: totam rempublicam vos in hac causa tenetis, vos gubernatis. Si L. Catilina cum suo consilio nefariorum hominum, quos secum eduxit, hac de re posset judicare, condemnaret L. Murenam: si interficere posset, occideret. 2 Petunt enim rationes illius, ut orbetur auxilio respublica: ut minuatur contra suum furorem imperatorum copia: ut major facultas tribunis plebis detur, depulso adversario, seditionis. ac discordiae concitandae. Idemne igitur delecti am- plissimis ex ordinibus honestissimi atque sapientissimi viri judicabunt, quod ille importunissimus gladiator, hos- tis reipublicae judicaret ? 84. Mihi credite, judices, in hac causa non solum de L. Murenae, verum etiam de vestra salute sententiam feretis. In discrimen ex- tremum venimus: nihil est jam, unde nos reficiamus, aut ubi lapsi resistamus. Non solum minuenda non sunt auxilia, quae habemus, sed etiam nova, si fieri possit, comparanda. Hostis est enim non apud Ani- enem, quod bello Punico gravissimum visum est, sed in urbe, in foro: (dii immortales! sine gemitu hoc dici non potest :) non nemo etiam in illo sacrario reipub- licae, in ipsa, inquam, curia non nemo hostis est. Dii "faxint, ut meus collega, vir fortissimus, hoc Catilinae. nefarium latrocinium armatus opprimat! ego togatus, vobis bonisque omnibus adjutoribus, hoc, quod concep- tum respublica periculum parturit, consilio discutiam. et comprimam! 85. Sed quid tandem fiet, si haec elapsa de manibus nostris, in eum annum, qui consequi- tur, redundarint ? Unus erit consul, et is non in ad- ministrando bello, sed in sufficiendo collega occupatus. Hunc jam qui 10impedituri sint, illa pestis immanis, ¹¹importuna, prorumpet, qua poterit: et jam populo Ro- mano minatur: in agros suburbanos repente advolabit: 12versabitur in castris furor, in curia timor, in foro conjuratio, in campo exercitus, in agris vastitas: om- ni autem in sede ac loco ferrum flammamque metu- 132 ORATIO PRO L. MURENA. emus. Quae jamdiu comparantur, eadem ista omnia, ¹si ornata suis praesidiis erit respublica, facile et magistratuum consiliis et privatorum diligentia compri- mentur. XL. 86. QUAE cum ita sint, judices, primum rei- publicae causa, qua nulla res cuiquam 2potior debet esse, vos, pro mea summa et vobis coguita in rempublicam diligentia, moneo, pro auctoritate consulari hortor, pro magnitudine periculi obtestor, ut otio, ut paci, ut saluti, ut vitae vestrae et ceterorum civium consulatis: deinde ego fidem vestram, ³defensoris et amici officio adduc- tus, oro atque obsecro, judices, ut ne hominis miseri, et cum corporis morbo, tum animi dolore confecti, L. Murenae, recentem gratulationem nova lamentatione obruatis. Modo maximo beneficio populi Romani or- natus, fortunatus videbatur, quod primus in familiam veterem, primus in municipium antiquissimum consu- latum attulisset; nunc idem 6squalore sordidus, confectus morbo, lacrymis ac moerore perditus, vester est supplex, judices, vestram fidem obtestatur, misericordiam implo- rat, vestram potestatem ac vestras opes 'intuetur. Nolite, per deos immortales! judices, hac eum re, qua se honestiorem fore putavit, etiam ceteris ante partis honestatibus atque omni dignitate fortunaque privare. 9Atque ita vos L. Murena, judices, orat atque obsecrat, si injuste neminem laesit; si nullius aures voluntatem- ve violavit; si nemini, ut levissime dicam, odio, nec domi, nec militiae, fuit, sit apud vos 10modestiae loc- us, sit demissis hominibus perfugium, sit auxilium pudori. Misericordiam spoliatio consulatus magnam habere debet, judices. 12Una enim eripiuntur cum con- sulatu omnia. Invidiam vero his temporibus habere. consulatus ipse nullam potest. 13Objicitur enim con- cionibus seditiosorum, insidiis conjuratorum, telis Cat- ilinae : ad omne denique periculum, atque ad omnem invidiam solus opponitur. 88. Quare quid invidendum Murenae, aut cuiquam nostrum sit 14in hoc praeclaro 87. 1 ORATIO PRO L. MURENA. 133 consulatu, non video, judices. Quae vero miseranda sunt, ea et mihi ante oculos versantur, et vos videre et perspicere potestis. XLI. SI (quod Jupiter omen avertat!) 'hunc vestris sententiis afflixeritis, quo se miser vertet? domumne? ut eam imaginem clarissimi viri, parentis sui, quam paucis ante diebus ³laureatam in sua gratulatione conspexit, eandem deformatam ignominia lugentem- que videat? an ad matrem, quae misera, modo con- sulem osculata filium suum, nunc cruciatur et sollici- ta est, ne eundem paullo post spoliatum omni digni- tate conspiciat? 89. Sed quid ego matrem, aut domum appello, quem nova poena legis et domo, et parente, omnium suorum consuetudine conspectuque privat? Ibit igitur in exsilium miser ? Quo? ad Orientisne partes, in quibus annos multos legatus fuit, et exerci- tus duxit, et res maximas gessit? At habet magnum dolorem, unde cum honore decesseris, eodem cum ignominia reverti. An se in contrariam partem terra- rum abdet, ut Gallia Transalpina, quem nuper summo cum imperio libentissime viderit, eundem lugentem, moerentem, exsulem videat? In ea porro provincia, quo animo C. Murenam, fratrem suum, adspiciet ? ¹ºqui hujus dolor? qui illius moeror erit? quae utriusque lamentatio? "quanta autem perturbatio fortunae atque sermonis, quod, quibus in locis paucis ante diebus factum esse consulem Murenam, nuntii literaeque cele- brassent, et unde hospites atque amici gratulatum Ro- concurrerint, repente eo accedat ipse nuntius suae calamitatis ? 90. Quae si acerba, si misera, si luctuosa sunt, si alienissima a mansuetudine et miseri- cordia vestra, judices, 12conservate populi Romani bene- ficium : reddite reipublicae consulem date hoc ipsius pudori, date patri mortuo, date generi et familiae, date etiam Lanuvio, municipio honestissimo, quod in hac tota causa frequens moestumque vidistis. Nolite a sacris patriis 13 Junonis Sospitae, cui omnes consules ¹facere 10 mam • 12 134 ORATIO PRO L. MURENA. " necesse est, domesticum et suum consulem potissimum avellere. Quem ego vobis, si quid habet momenti commendatio, aut auctoritatis confirmatio mea, consul consulem, judices, ita commendo, ut cupidissimum otii, studiosissimum bonorum, accerrimum contra seditionem, fortissimum in bello, inimicissimum huic conjurationi, quae nunc rempublicam labefactat, futurum esse pro- mittam et spondeam. EXPLANATORY NOTES. EXPLANATORY NOTES. Page. 1. M. TULLII CICERONIS, &c. "First Oration of M. Tullius 1 Cicero against Lucius Catiline, delivered in the Senate."-Catiline's intention was to leave Rome, and join his army, then assembling in different parts of Italy; while the other conspirators remained within the walls, to butcher the senators and fire the capitol. Cicero, hav- ing discovered this design, summoned the senate to meet in the temple of Jupiter Stator, with the intention of laying before it the whole circumstances of the plot. But Catiline having unexpectedly appeared in the midst of the assembly, his audacity impelled the consular orator to an abrupt invective, which is directly addressed to the traitor, and commences without the preamble by which most of his other harangues are introduced. In point of effect, this oration must have been perfectly electric. The disclosure to the criminal himself of his most secret purposes: their flagitious nature, threatening the life of every one present; the whole course of his villanies and treasons, blazoned forth with the fire of incensed eloquence; and the adjuration to him, by fleeing from Rome, to free his country from such a pest, were all wonder- fully calculated to excite astonishment, admiration, and horror. The great object of the whole oration, was to drive Catiline into banishment; and it appears somewhat singular, that so dangerous a personage, and one who might have been so easily convicted, should thus have been forced, or even allowed, to withdraw to his army, instead of being secured and punished. From the language of Sal- lust, (Cat. c. 31,) this oration would appear to have been originally altogether extemporaneous, and to have been subsequently commit- ted to writing by Cicero 2. Quousque tandem, &c. "How far, then, Catiline, wilt thou trifle with our patience? How long, too, will that frantic wicked- ness of thine baffle our efforts? To what extent will thy unbridled 12* 137 138 THE FIRST ORATION Page. 1 audacity insolently display itself?"-We may suppose the whole senate to have remained, for a time, buried in the deepest silence, every eye directed towards Catiline; and Cicero, at last, slowly rising from his curule chair, and pointing the finger of indignant scorn at the guilty intruder, to have burst forth into this startling and impassioned exordium. 3. Abutere. Literally, "wilt thou abuse."-Cicero prefers the softer and more poetic termination re, in the imperfect and future indicative, and present and imperfect subjunctive. In the present indicative he rarely employs it.-Patientia nostra. The reference in nostra is to himself and the senate generally. 4. Iste tuus. The pronoun iste is here employed to mark indig- nant scorn and contempt. It must be observed, with regard to iste, that it is, strictly speaking, used, together with its derivatives, in reference to the person addressed. Thus, iste locus, "that place where you are;" ista verba, ista verba, "those words which you uttered." When Cicero addressed his antagonist, in any instance, he often used iste, in accordance with the principle just laid down; and, as he generally used it contumeliously, it acquired a reproachful mean- ing. But this is by no means universally the case. In the present passage, however, iste has this scornful meaning, and tuus is merely added in order to strengthen its general reference to the person addressed. 5. Eludet. A metaphor borrowed from the movements of gladi- ators, in avoiding a blow from an opponent. (Donat. in Ter. Eun. 1, 1, 10.) So Catiline is said, by the orator, to baffle every effort, on the part of good citizens, for preserving the public repose.-Quem ad finem. Equivalent, in Ciceronian Latinity, to quousque or quam- diu. (Ernesti, Clav. Cic. s. v. finis.-Schütz, Index Lat. s. v.)— Jactabit. The student will mark the force of the frequentative. It is equivalent to insolenter se geret. 6. Nihilne te, &c. "Have the guards stationed nightly on the Palatine hill produced no impression upon thee? Have the watches planted throughout the city produced none None, the consterna- tion that pervades all classes? None, the thronging together of all good citizens?" &c. Literally, "Has the nightly guard of the Pal- atium in no respect moved thee? In no respect have the watches of the city?" &c. 7. Palatii. The Palatine was the most central one of the seven hills of Rome, and the most important to be guarded in case any public disturbance arose, since a foe, in possession of it, might easily make himself master of the rest of the city. Hence the necessity of its being secured on the present occasion. The Palatine hill was AGAINST CATILINE. 139 Page the residence of Romulus, and in fact, the first part of the city that 1 was inhabited. Here, in a later age, stood the imperial mansion of Augustus and his successors, and hence the origin of the modern term "palace." 8. Urbis vigiliae. When there was any alarm or disturbance in the city, or when any suspicion was entertained of public commotion or secret conspiracy, the inferior magistrates (the aediles, quaes- tors, and tribunes,) were entrusted by the senate with the care of the public peace, and planted guards and watches in proper places. Compare Sallust, (Cat. c. 30,) “Ut Romae per totam urbem vigi- liae haberentur, iisque minores magistratus praeessent.” 9. Concursus. Several editions have consensus ("the union,") which is also given by Quintilian (9, 3, 30) in citing from this passage. The more spirited reading, however, is undoubtedly concursus. 10. Munitissimus. In dangerous emergencies, the senate were usually convened in the temple of some tutelary divinity, and not in a curia, or senate-house. The place selected, on the present occa- sion, was the temple of Jupiter Stator, at the foot of the Palatine hill; and it is hence called "munitissimus locus," from the circum- stance of there being a guard, at the time, on the Palatine. With respect to the true position of the temple of Jupiter Stator, (which some editors very erroneously make to have been in the capitol,) consult Liv. 1, 12. Ovid. Fast. 6, 794. Nardini, 6, 12. 11. Horum ora vultusque. "The looks and countenances of these who are here assembled." Ora refers to the looks of aversion directed at Catiline by the great majority of those present; vultus to their countenances, in which were depicted anxiety and alarm. Muretus refers the words to the aversion manifested by the senators on the entrance of Catiline into the assembly, when all quitted that part of the benches where he had taken his seat. They would rather seem to refer to the deportment of the senate during all the time that he had been present. 12. Patère. "Lie open to view," i. e. are brought fully to light. -Constrictam jam horum omnium teneri. Literally, "is now held firmly grasped by the knowledge of all of these," i. e. is now become a matter of firm conviction to all who are here assembled. Con- strictus is elegantly applied to whatever is firmly held in, and can no longer escape, our grasp. While the compound term conscientia (instead of the simple scientia) is employed to denote that many are acquainted with the conspiracy. Compare the explanation of Schütz, (Index Lat. s. v..) "Communis inter complures rei alicu- jus notitia."-We have given horum omnium with Graevius, instead of the common reading omnium horum. 140 THE FIRST ORATION Page. 1 13. Proxima. Cicero delivered this oration on the 8th Novem- ber. A meeting of the conspirators had taken place on the night of the 6th, at the house of Laeca. This is what Cicero calls nox superior. The morning of the 7th was the time fixed for his assas- sination by the two Roman knights. During that day, Cicero caused all the movements of the conspirators to be closely watched, and ascertained also, by his secret agents, all that was done on the night of the 7th. This was the nox proxima. Compare chapter 4th, and Pro Sull. c. 18. 14. Immo vero. "Nay, indeed." Graevius omits nero, but its presence imparts additional strength to the clause. Compare Ep. ad Att. 12, 42: "Ferendus tibi in hoc error: ferendus? immo vero etiam adjuvandus." And also Tursellinus de Part. Lat. s. v. Immo. 15. Publici consilii particeps. "A sharer in the public delibera- tions." Cicero's object is to excite the indignation of the senate against Catiline, for his having come into that assembly, not to inquire or seek for any thing, but actually to take part in their de- liberations. 16. Viri fortes. Spoken ironically. Men, full of courage." Cicero charges himself and the senate with cowardice, in not having before this brought Catiline to punishment.—Satisfacere reipublicae. "To be doing our duty to the state."-Istius. "Of that wretch." Pointing at Catiline. Compare note 4, page 1. 17. In te conferri, &c. Understand jampridem, from the previ- ous clause. Long since ought that ruin to have been heaped upon thy own head," &c. The pronoun istam tacitly implies that the ruin in question is the work of Catiline, and this idea is immediately enlarged upon in what follows, quam tu in nos omnes, &c. 18. An vero. The primitive meaning of an is "or," and, when used interrogatively, the sentence is always elliptical. Thus, an decertare mecum voluit? "Did he wish to contend with me?" This, when resolved, is nothing more than, "Am I wrong in my surmise, or did he wish to contend with me?" So, in the present instance, an vero vir amplissimus, &c., which we translate, "Did, in fact, that very illustrious individual," &c., is, in reality, when fully expressed, am I wrong in my assertion, or did, in fact," &c. The same explanation will apply to the Greek, when used as an interrogative particle. (C "L (( 19. P. Scipio. The reference is to P. Scipio Nasica. He is called privutus because the office of pontifex maximus was not a magistracy; and hence the same person could be pontifex and also consul or praetor. Compare the remarks of Muretus, ad loc. The AGAINST CATILINE. 141 ? M Page. 1 term privatus may, therefore, be rendered, "although filling no office of magistracy." As regards Scipio Nasica, consult Historical Index, s. v. Scipio.-Gracchum. Consult Historical Index, s. V. Gracchus, and Legal Index, s. v. Sempronia Lex. 20. Mediocriter labefactantem, &c. "When only disturbing, in a moderate degree, the settled order of things in the state." The idea literally involved is the causing what was before firmly fixed to totter, and swerve from its place. Status is here figuratively employed, in allusion to the posture or attitude of a gladiator in combat. It will be observed, that Cicero designedly extenuates the offence of Tiberius Gracchus, in order that the rigour, with which he was punished, might be contrasted the more strongly with the impunity enjoyed by Catiline. 21. Catilinam. The common text has vero after Catilinam; but since this already occurs with an, in the previous part of the sentence, and does not appear in the present passage as cited by Quintilian, (8, 4, 13,) we have rejected it with Manutius, Lambi- nus, and other editors. We have also given, with Schütz, terrarum, in place of the common reading terrae, the former likewise occurring in Quintilian. 1. Nam illa, &c. Cicero here assigns a reason for other exam- ples not being cited, in preference to that of Tiberius Gracchus. They were of too remote a date; whereas the movements of Grac- chus had occurred at a comparatively recent period. 2. C. Servilius Ahala. Consult Historical Consult Historical Index, s. v. Ahala. He was magister equitum to the dictator T. Q. Cincinnatus. Ernesti first gave the true reading C. Servilius, for the common lection Q. Servilius.—Sp. Maelium. Maelius was the richest pri- vate man in the commonwealth, and more than suspected of aiming at the sovereign power, in consequence of his liberal donations of corn among the lower orders, during a season of great scarcity. Consult Historical Index, s. v. Maelius.-Novis rebus studentem. "Aiming at a change in the government," i. e. plotting a revolution. 3. Ista virtus. "That degree of public virtue," i. e. of true patriotism. In our remarks on the pronoun iste and its usage by Cicero, we observed that the distinction there laid down did not hold good universally. (note 4, page 1.) The present passage furnishes a case in point. Ista is here used simply in the sense of illa, and the latter pronoun itself would no doubt have been actually employed, had it not occurred just before, in the expression "nam illa nimis,” &c. Compare, as regards the exceptions to the rule about iste, the remarks of Manutius, ad. Cic. Ep. Fam. 3, 10, (vol. 1, p. 161, ed. Graev.) and Laur. Valla, de L. L. Eleg. 2, 4, p. 51. 2 142 THE FIRST ORATION Page. 2 4. Habemus. We have rejected enim after habemus, with Grae- vius, Ernesti, Schütz, &c., on the authority of some of the best MSS. It appears to have found its way into the text from habemus enim, in the next chapter. 5. Senatusconsultum. By which the consuls were enjoined, “ut viderent ne quid detrimenti respublica caperet." A decree of this nature armed the consuls with dictatorial power for the time being, and, by virtue of it, they could put to death whomsoever they pleased, without the formality of a trial. (Compare Sallust, Cat. c. 29, and Plutarch, Vit. Cic. c. 15.) Catiline and his accomplices. might have been seized and punished under this decree, but Cicero purposely abstained from such a course, and sought rather to induce them to quit the city. 6. Non deest reipublicae, &c. "Neither the counsel nor the sanction of this order is wanting to the republic," i. e. the decree which the senate had passed against Catiline contained “counsel," or consilium, and was a "sanction," or auctoritas. Compare Taci- tus, Germ. 12. "Centeni singulis ex plebe comites, consilium et auctoritas, adsunt." 7. Nos consules desumus. "We consuls are wanting in our duty." We have inserted a third nos before desumus, as given by Priscian, lib. 17, p. 1076, ed. Putsch. (Op. ed. Krchl. vol. 2, p. 53.) -Cicero means, that the consuls have not done their duty in allow- ing Catiline to go so long unpunished. His object is to intimidate him, and induce him to leave the city. 8. Quondam. A. U. C. 633, B. C. 121. fore the time when Cicero uttered this.-L. consul, with Fabius Maximus, A. U. C. 633. Index. 1 Fifty-eight years be- Opimius. He was Consult Historical 9. Videret, &c. A decree of this kind was called decretum ulti- mum, or ultimac necessitatis. Consult note 5, page 2. Sometimes both consuls were named in it, at other times only one. 10. Quasdam seditionum suspiciones. "Certain suspicions of seditious projects." Cicero here purposely uses mild language, as in the instance of the elder Gracchus. (Note 20, page 1.) Consult Historical Index. 11. Clarissimo patre, &c. The Gracchi had for their father Sempronius Gracchus, who had been once honoured with the censor- ship, twice with the consulate, and had enjoyed two triumphs. Their maternal grandfather was the elder Scipio Africanus, the con- queror of Hannibal. 12. M. Fulvius. One of the three commissioners named for carrying into effect the agrarian law, by dividing the public lands. AGAINST CATILINE. 143 Page. He was the particular friend of C. Gracchus. Consult Historical 2 Index. The eldest son of Fulvius was slain with his father during the affray; the younger after the conflict. 13. C. Mario. This occurred during the sixth consulship of Marius. The crime of Saturninus and Servilius was seditious and turbulent conduct, and especially the having assassinated C, Mem- mius, a candidate for the consulship, in the Campus Martius. Con- sult Historical Index, s. v. Saturninus.-The individual, whom Cicero here calls C. Servilius, is elsewhere styled C. Servilius Glaucia. Cicero purposely employs the nomen merely, as it be- longed to a family of distinction, and he adds to it the title of prae- tor, in order that it may be seen, that neither birth nor official dignity could save him from the prompt vengeance of the laws, which Cati- line had for so long a time been braving. 14. L. Saturnini, &c. The true reading of this passage is in- volved in considerable doubt. The conjectural emendation, which we have given in the text, appears the least objectionable, and was first suggested, we believe, by E. H. Barker. "Did the punish- ment due to the republic, delay, for a single day thereafter, the death of L. Saturninus," &c., i. e. did L. Saturninus, though a tribune of the commons, and C. Servilius, although invested with the praetor- ship, escape the punishment of death, so justly their due, for a single day after the decree in question had been passed?—The common text has, num unum diem postea L. Saturninum tribunum plebis, et C. Servilium praetorem, mors ac reipublicae poena remorala est? “Did death, and the punishment due to the republic, fail, for a single day thereafter, to overtake L. Saturninus," &c. It is ex- tremely questionable, however, whether we can say, in correct La- tinity, poena remoratur hominem, "punishment fails to overtake the man." Cicero, elsewhere, uses remorari in its ordinary sense, "to delay," or "retard." Thus: "hae res quae caeteros remorari solent illum non retardarunt." (Pro. Leg Manil. 14.) Although Propertius, on the other hand, has a passage which seems at first view to favour the common explanation, " Quamvis te longae remo- rentur fala senectae.” (1, 19, 17.) But there is nothing here, in reality, to prevent our making remorentur equivalent to retineant.— Ernesti gives the ordinary reading, in the passage of Cicero under consideration, but recommends L. Saturnini, tribuni plebis, et C. Servilii, praetoris, retaining, however, mors ac, (which we have changed to mortem,) and giving to remorata est the intransitivo meaning, "to delay," or "linger." But mors ac poena is extremely frigid. As regards the reading which we have adopted, it will be borne in mind, that proper names, and titles of office, are frequently 144 THE FIRST ORATION ; Page. 2 written in the MSS. with more or less abbreviation, and that, in consequence of this, the grammatical case can oftentimes be discov- ered only from the context. So that, in fact, mortem for mors ac is the only alteration that appears at all violent, if it even be so in reality. 15. Nos. "We consuls." Referring to himself and colleague.— Vicesimum diem. It was, in fact, only the 18th day since the senate had decreed that Cicero and Antonius should see that the republic received no injury. The orator, however, calls it, in round numbers, the 20th. So, in the oration against Piso (c. 2), in place of thirty-six years, he says forty. In the same way, the one hun- dred and five judges at Rome were called centumviri, "the hundred." Compare the remarks of Asconius, in Pison, l. c., and those of Muretus on the present passage. Consult also Manutius, in loc. (Vol. 1, p. 441, ed. Richter,) "Integrum numerum amat orator," &c. 16. Gladium. Omitted in many MSS. and editions; but de- fended by Ernesti, because inclusum precedes. 17. Confestim interfectum, &c. "You ought, Catiline, to have been immediately put to death." Convenit is here the perfect tense. Murctus doubts, whether this usage of convenit be in accordance with correct Latinity; but many examples might be adduced in confirmation of it. One alone will here suffice: Quo nomine mirari Compare Boecker, and Bur- convenit eos." (Vell Paterc. 1, 3.) mann, ad loc. 18. Cupio. Render the first cupio, "I am desirous, on the one hand," and the second, "I am anxious, on the other." If expressed in Greek, the first of these clauses would have per, and the second, dé. 19. Dissolutum. " Culpably negligent," i. e. too indulgent. Compare the remark of Ernesti, s. v. "Dissolutus, nimis negligens, opponitur severo et justo," (Clav. Cic.,) and the words of Cicero himself, on another occasion: "Maluise Domitium crudelem in animadvertendo, quam in praetermillendo dissolutum videri." (in. Verr. 5, 3.) 20. Nequitiacque. The term nequitia, though generally employed to denote, "worthlessness," "wickedness,” “ depravity," &c., is here used in a milder sense, for "utter remissness." Compare the language of Cicero, in the eleventh chapter of the present oration : "num est vehementius severitatis ac fortitudinis invidia quam inertiae ac nequitiae pertimescenda?" Here nequitia is opposed to severitas. 21. In Etruriae faucibus. "In the mountain-defiles that open on Etruria." Cn. Manlius had then near Faesulae, in Etruria, an army, which he had collected from the veteran soldiers of Sylla, AGAINST CATILINE. 145 Page. under whom he had himself served. Faesulae stood at the foot of 2 the Appenines, not far from what is now the city of Florence, and the camp of Manlius was pitched near a narrow defile leading into Etruria. The term fauces is often employed to denote a moun- tain-pass, defile, strait, &c., leading to some place or region. Compare Livy, (42, 54,) “ultraque oppida in faucibus sunt, quae Tempe adeunt.” 22. Eorum autem imperatorem. Alluding to Catiline.-Atque adeo, &c. Aye, and even in the senate."-Credo. "I presume," ironically.-Serius. "At too late a period." 23. Certa de causa. "For a certain reason.” Cicero is more explicit on this head, at the close of the present oration (c. 12.) His fear was, lest, if Catiline were punished at an early stage of the pro- ceedings, before his guilt became fully developed, he might pass with many for an injured man; since there were not a few in the city, and even some in the senate, who believed Catiline innocent, and who would have called Cicero a tyrant if he had put him to death. And then, again, even if Catiline himself were capitally punished, the conspiracy would not be crushed, since so many of the guilty participators in it would still remain alive. Cicero's object was to compel Catiline to leave the city, and carry with him all his abandoned confederates; and hence, in order to intimidate, and drive him to this course, he speaks immediately after of soon putting him to death: "Tum denique interficiam te," &c. << 24. Tam tui similis. "So like thee in character," i. e. so like thee in utter want of principle. Similis and dissimilis, generally speaking, are used with a dative of external resemblance; but with a genitive of resemblance in nature or internal constitution. (Zumpt. L. G. p. 270. Kenrick's transl.) 3 1. Obsessus. "Beset." From obsido, ĕre. Cicero had numer- ous guards on the alert, both from the free towns of Italy and from the capital itself.-Ne commovere te possis, &c. A metaphor bor- rowed from the situation of a combatant, who is hemmed in so closely by his opponent as to be unable "to make any farther movement.' 2. Privata domus. Alluding particularly to the house of Laeca. -Vocem conjurationis. Cicero obtained full information of the secret meetings and plans of Catiline, through Fulvia and Curius. Consult Historical Index.-Graevius and others read voces instead of vocem, but this destroys the personification in conjurationis. If Cicero had written voces, he would have put conjuratorum in place of conjurationis. 3. Si illustrantur, si erumpunt omnia. "If all your secret plans 13 146 THE FIRST ORATION Page, 3 Illus- are made manifest, if they all burst forth into public view." trantur refers back to tenebris, and erumpunt to parietibus. 4. Istam mentem. "That detestable purpose of yours." yours." Com- pare note 4, page 1.-Mihi crede. "Take me for your adviser." Rely on what I tell you.-Quae etiam mecum, &c. "And these you may even review along with me." The student will observe that we have rendered quae by et haec. Wherever the connexion is slight between the antecedent and relative, the latter may be resolved into the conjunction and demonstrative or personal pronoun. (Com- pare Crombie, Gymnasium, vol. 1, p. 162.) 5. Ante diem duodecimum, &c. "On the twelfth day before the kalends of November," i. e. on the 21st of October. This ap- parently anomalous mode of expression probably arose from a trans- position of ante. Having once written ante die duodecimo kalendas, they would easily be led to change die into diem, as if it had been governed by ante. (Zumpt, L. G. p. 428. Kenrick's transl.)—The date alluded to in the text requires some explanation. On the 20th October, Cicero gave notice to the senate of the existence of a con- spiracy against the state. The consular election was to have been held the next day, the 21st; but the senate, in consequence of the impending danger, put off the comitia, and resolved to meet on that day for the purpose of deliberating more fully on the subject; for, otherwise, they could not have done any business on a comitial day. On the 21st, therefore, Cicero, in a full house, called upon Catiline to clear himself from the charge alleged against him; whereupon the latter, without denying or excusing it, bluntly replied, "that there were two bodies in the republic," meaning the senate and people, "the one of them infirm, with a weak head, the other firm, without a head; and that this last had so well deserved of him, that it should never want a head while he lived." This declaration startled the senate, and they immediately decreed, that the consuls should see that the republic received no injury. The next day, the postponed comitia took place, and Silanus and Murena were elected consuls for the year 691, Catiline being one of the unsuccessful competitors. 6. Ante diem sextum, &c. "The sixth day before the kalends. of November," i. e. the 27th October. 7. Id quod multo magis est admirandum. Ernesti regards these words as a gloss, but without sufficient reason. It was, in fact, a sufficient matter of surprise and wonder, that Cicero should have been so well informed, as to be able to predict, in the senate, the very day on which Manlius would be in arms. 8. Te contulisse. "That you had conspired," i. e. conferred AGAINST CATILINE. 147 Page. about. Conferre is "to deliberate along with others," not simply 3 "to deliberate." Compare Cic. ad Att. 16, 3: "Coram hoc con- feremus, atque de hoc deliberabimus.” 9. In ante diem quintum, &c. "For the fifth day before the kalends of November," i. e. had set down the intended massacre for that day. The phraseology ante diem, &c., has already been noticed, (note 5.) The preposition in is here employed to govern the entire clause, and designates the time for which the intended action is set down, and on which it is to be performed. (C 10. Principes civitatis. Leading men of the state." By principes civitatis, Cicero here means principes optimatium. (Com- pare Pro Sext. 45, 48, &c. Pro red. 3.) The term optimates with Cicero generally designates persons distinguished by rank, or politi- cal merit, and sometimes the former only. 11. Reprimendorum. Used here in the sense of impediendorum. -Profugerunt. Among those who quitted Rome, was M. Licinius Crassus, who had received a letter from Catiline, warning him to depart, which letter he showed to Cicero. (Plut. Vit. Cic. c. 15.) 12. Nostra qui remansissemus caede. "With the blood of those of us that had remained." The elegant construction here employed is deserving of being noted. The relative is made to refer to an antecedent implied in the possessive. Compare Terence, (Andr. 1. 1. 70,) "Omnes laudare fortunas meas, qui gnatum haberem tali ingenio praeditum.” 13. Praeneste. Neuter accusative singular. This place was situate in Latium, about 23 miles S. E. from Rome. Its citadel is described by Strabo as remarkable for its strength of position, and was therefore an important place for Catiline to seize upon, and for Cicero to endeavour to secure. Consult Geographical Index.-Ka- lendis ipsis Novembris. "On the kalends of November,” i. e. on the first day of the month.-Occupaturum. Muretus says, that no other writer makes mention of this attempt. 14. Praesidiis. These praesidia, custodiae, and vigiliae were composed of the inhabitants of Praeneste, but the whole arrange- ment was Cicero's. 15. Non modo non, &c. We have here the full expression. It is very common, in this construction, for the secon non to be omitted. Compare Cortius, ad Plin. Ep. 8, 7. Muret. Var. Lect. 10, 7. 16. Noctem illam superiorem. "The transactions of the night before the last." The night here meant was that of the 6th Novem- ber, when the meeting was held at the house of Laeca. Compare note 4, page 1.-Priori nocte. "On that former night." Refer- ring again to the night of the 6th. 148 THE FIRST ORATION Page. 4 1. Inter falcarios. "Into the scythe-makers' street.” This was a street, or district, of Rome, most probably the former, taking its name from the residence of these artisans. The explanation of Priscian is in accordance with this. "Dico te venisse inter falca- rios, id est, in locum ubi sunt facarii. (Op. ed. Krehl, vol. 2. p. 203.) Livy, somewhat in the same way, uses the term lignarios, (35, 42.) "Porticum extra trigeminam inter lignarios fecerunt," where Crevier understands opifices, but Ernesti (Clav. Cic.) nego- tiatores. 2. Complures. Sallust (Cat. 17) gives the names of eleven senators, who were present on this occasion. Compare Pro Sulla. c. 18, seq.-Convincam. "I will prove the truth of what I say." 3. In hoc orbis terrae, &c. "In this, the most venerated and august assembly of earth.". -Cogitent. "Are plotting." The sub- junctive mood is used in this construction for the sake of perspicuity, since the indicative would be ambiguous, and would present a dou- ble meaning. Thus, sunt qui cogitant, means not only, “there are those who plot," but also, "they who plot exist." The subjunctive, therefore, is preferred for the former of these meanings. So, sunt qui dicant, sunt qui legant, &c. 4. Distribuisti partes Italiae. Sallust (Cat. 27) informs us, that C. Manlius was sent to Faesulae and the adjacent parts of Etruria; Septimius, a native of Camerinum, into the Picene terri- tory; C. Julius, into Apulia. 5. Quos Romae relinqueres. According to Sallust, (Cat. 43,) Statilius and Gabinius were to fire the city, and Cethegus to assas- sinate Cicero. Lentulus was to have had, according to Plutarch, a general superintendence of the whole affair, and was to have spared none, in the general massacre, but the sons of Pompey, whom he intended to seize, and hold as hostages for a peace with that com- mander. For there was a report, about this time, that Pompey was returning with his army from the Mithridatic war. (Plut. Vit. Cic. c. 18.) 6. Descripsisti urbis partes, &c. Sallust states, (Cat. 43,) that the conspirators were to fire twelve parts of the city at one and the same time. Plutarch, however, informs us, that they had divided Rome into a hundred parts, and had selected the same number of men, to each of whom was allotted his quarter to be set on fire. As this was to be done by them all at the same moment, they hoped that the conflagration would be general. Others were to intercept the water, and kill all who went to seek it. (Plut. Vit. Cic. c. 18.) "You assured them."-Dixisti paullulum, &c. 7. Confirmasti. "You assured them. AGAINST CATILINE. 149 Page. 4 "You told them that you still, even then, were in some little degree hindered from departing." Literally, "that there was still, even then, some little cause of delay unto you." 8. Duo equites Romani. Sallust (Cat. 38) gives the names, C. Cornelius and L. Vargunteius, but he calls the latter a senator. Vargunteius was probably of equestrian origin. 9. Illa ipsa nocte, &c. They were to pay their intended visit early in the morning, a time when the distinguished Romans, and higher magistrates, held their levees, and when clients used to wait upon their patrons. Compare Martial (4, 8, 1,) “Prima salutan- tes, atque altera conterit hora.” 10. Comperi. He obtained his information from Curius through Fulvia. (Sall. Cat. 28.)-Exclusi eos, &c. Plutarch informs us, that the assassins came as soon as it was light, and, being denied entrance, grew very insolent and clamorous, which made them the more suspected. He calls them Marcius and Ceth but Cicero, Sallust, Appian and Plutarch are too much at ce with each other, to enable us to give, with precision, all the minor features of the conspiracy. Why the two individuals in question were not ad- mitted, and then disarmed and put in custody, is difficult for us to imagine, the more especially as Cicero had predicted their arrival to many of his friends. 11. Quae quum ita sint. "Such being the case." Cicero's usual form of expression, in reference to things that have been explained by him, and may now be regarded as settled and clear; as, for ex- ample, in the present instance, the existence of a treasonable design on the part of Catiline. 2. Compare note 21, page 12. Illa tua Manliana castra. 13. Si minus, quam plurimos. "If not all, as many as possible." -Murus, strictly speaking, the wall of a city; moenia, battle- ments, or fortifications; paries, the wall of a house. (Crombie Gymn. vol. 1, p. 2.)—Nobiscum versari diutius. "To remain any longer among us." Literally, "to be occupied," or, engaged, along with us," &c. (C As a 14. Non feram, &c. "I will not endure, I will not suffer, I will not permit this." The gradation here is worthy of notice. man I will not endure thy presence; as a good citizen, I will not suffer thee to remain unopposed; as a magistrate, I will not permit thee to continue among us. 15. Atque huic ipsi, &c. "And to Jupiter Stator, in particular, in whose temple we are here assembled." The student will observe the force of huic in designating the place. With regard to ipsi, it may be remarked, that this pronoun is not, in fact, reflective, but 13* 150 THE FIRST ORATION Page. 4 serves emphatically to distinguish that to which it is applied from all others.-Statori. Jupiter Stator was so called from his having stopped the flight of the Romans, when hard pressed by the Sabines. In the memorable action which was brought to an end by the heroic conduct of the Sabine females, Romulus and his followers had been driven back to the base of the Palatine hill, when he invoked, in his extremity, the aid of Jupiter, and vowed a temple to him on the spot where he was standing, if that god would stop the disgraceful flight of the Romans. The action took a favourable turn, and a temple was accordingly erected, at the foot of the Palatine, to Jupiter, sur- named, from the circumstances of the case, Stator, because he had caused the Romans to make a stand (Stare fecit) in this quarter, against their pursuers. (Liv. 1, 12.) Some editors indulge in the singular error of making the temple of Jupiter Stator to have been in the capitol, thus confounding it with that of Jupiter Capitolinus. -Jupiter St is called by Plutarch Erneios, and by Dio Cassius ᾿Ορθώσιος. 16. Habenda est gratia. The common text places habenda est gratia after diis immortalibus. Graevius, on the authority of some of his MSS., removes gratia, and places it after hujus urbis. We have adopted the arrangement recommended by Schütz, as the more elegant and forcible. 17. Tamque infestam reipublicae. "And so fraught with ruin to the republic.”—Toties. There is something of the exaggeration of oratory in this, since Catiline had only once before conspired against the state along with Cn. Piso. (Sall. Cat. c. 18.) The reference, however, may also be a general one to his activity in wickedness. 5 1. In uno homine. "In the person of a single individual." Ci- cero means that the public weal is no longer to depend on his own life. Some commentators apply these words less correctly to Cati- line.-Summa salus. The best MSS. have this order, in place of the common salus summa, and so Graevius and others read. 2. Consuli designato. The consuls elect were so called during the interval that elapsed between the period of their election and that of their entrance upon office. These magistrates, from A. U. C. 600, were elected about the end of July, or beginning of August, and installed on the first of January.-Cicero and Catiline had both been condidates for the consulship, and, when the former succeeded, Catiline endeavoured to murder him in the Campus Martius, and elsewhere, by his private emissaries, ("omnibus modis insidias parabat Ciceroni." Sall. Cat. c. 26.) 3. Proximis comitiis consularibus. Referring to the 22d of AGAINST CATILINE. 151 Page. October, the previous month. (Compare note 5, page 3.) On the 5 day of election here alluded to, Cicero, as Plutarch informs us, put on a coat of mail: the principal persons in Rome conducted him from his house, and great numbers of the youth attended him to the Campus Martius. There he threw back his robe, and displayed part of the coat of mail, on purpose to point out his danger. The people were incensed, and immediately gathered about him; the consequence of which was, that Catiline was again rejected, and Silanus and Murena were chosen consuls. (Vit. Cic. c. 14.) 4. Campo. The consular comitia were held in the Campus Mar- tius.—Competitores. Silanus and Murena.-Amicorum praesidio, &c. Consult note 3.-Me petisti. "You aimed a thrust at me." A gladiatorial term. Compare Cicero's language towards the close of chapter 6. Quot ego tuas petitiones," &c. 5. Esse conjunctam. "Was intimately connected."—Petis. "You aim a blow at." Compare note 4.-Ad exitium et vestita- tem vocas. You summon to ruin and desolation." Elegantly used instead of the more common phraseology, "Evertere et solo acquare machinaris.” 6. Quoniam id, quod primum, &c. "Since I dare not yet pur- sue that course which first suggests itself, and is in strict accord- ance with the principles of this government, and the administration of our forefathers," i. e. inflict capital punishment upon you.-Some commentators refer the expression hujus imperii to the consular office, ("and is in strict accordance with the nature of that office which I now fill,") but the other interpretation seems preferable. 7. Ad severitatem. "In point of severity."-Et ad communem, &c. t And, as regards the common safety, productive of more de- cided advantage." 8. Reliqua conjuratorum manus. Ernesti thinks reliqua too frigid, and suggests aliqua, which appears to us still more frigid than reliqua. 9. Exhaurietur ex urbe, &c. "That foul gathering of thy fol- lowers, large in point of number, and fraught with ruin to the state, will be drained away from our city," i. e. that worthless crew of thy abandoned followers, so large in number, and who are plotting only ruin to the state, will be driven far away from our city. Sentina, properly means that part of the ship where the bilge-water collects. It is then taken to denote the bilge-water itself; and finally any worthless and impure collection of persons. Cicero, in the following passage, employs the term in speaking of the lowest of the people, the very dregs of the city: "Hoc enim verbo est usus, quasi de aliqua sentina, ac non de optimorum civium genere loqueretur."-It will 152 THE FIRST ORATION Page. be perceived from an examination of the text, that we have made a 5 change in the arrangement of the latter part of the clause. The common reading is perniciosa sentina reipublicae, and reipublicae is thus regarded as a genitive, forming with comitum a double geni- tive, in imitation of the Greek. (Goerenz, ad Cic. Leg. 2, 17, 42, p. 169. Matthiae, G. G. § 380, vol. 2, p. 608, Kenrick's transl.) Ernesti, however, with very good reason, suspects this genitive rei- publicae to be a mere interpolation, since ex urbe, which is suffi- cient for the sense, precedes. He retains it, notwithstanding, in his text. We have also retained reipublicae, but have placed it be- fore sentina, and have made it depend, as a dative, on perniciosa. It may be that sentina reipublicae, was written originally by some copyist for reipublicae sentina, (a common error in MSS.,) and the true position of the words may at first have been designated by small numbers placed over them, which numbers were omitted by subsequent copyists, and the erroneous order allowed to remain. (Compare Porson's Letter to Dalzel, Mus. Crit. vol. 1, p. 336.) 10. Tua sponte faciebas. You were inclined to do of your own accord." Faciebas is here equivalent to facere volebas.-Exire ex urbe, &c. How much stronger than if he had said, "exire ex urbe Cicero Catilinam jubet.” 11. Num in exsilium? Cicero purposely avoids ordering Cati- line to go into exile. This would have been, in the present stage of the case, a hazardous experiment, as it might have exposed him to the charge of an odious and tyrannical exercise of authority. The Romans were averse to the using of the word exile, even in their judicial sentences, and hence the punishment of expatriation was called ignis et aquae interdictio, "interdicting from fire and water," by the force of which a person was compelled to leave Italy. It was a settled principle, that no Roman citizen could lose, without his own consent, the right of citizenship, and hence, when a person was to be banished, he was, by a fiction of law, interdicted from fire and water. (Heinecc. Antiq. Rom. 1, 16, 10, ed Haubold, p. 184.) 12. Extra istam conjurationem, &c. "Unconnected with that conspiracy of yours and your abandoned followers." The pronoun iste here marks the person, and also denotes scorn and contempt on the part of the speaker. Compare note 4, page 1. 13. Quae nota, &c. "What mark of domestic turpitude has not been branded on your character? Nota was applied by the Ro- mans to the mark branded on a fugitive slave when retaken, (Cic. Off. 2, 7,) and also to the stigma imposed by the censors for im- moral conduct. (Pro. Cluent. 46.) So the voice of public scorn had branded, with infamy, the character of Catiline. According to Plu- AGAINST CATILINE. 153 Page. tarch, Sallust, and Asconius, Catiline had slain his own brother, 5 had murdered his own son, that there might be no obstacle to his marriage with Aurelia Orestilla, and had indulged in incestuous intercourse with an illegitimate daughter of his. 14. Quod privatarum rerum, &c. "What shameful conduct in private life clings not to you for your lasting infamy?" Literally, "adheres not to your infamy." This clause is strongly suspected of being a mere interpolation, since the same idea is already ex- pressed by the words "Quae nota," &c. It was very probably, at first, a mere marginal interpretation, given by some scholiast to the words quae nota, &c., and gradually found its way into the text. The Latinity of non haeret infamiae is very questionable, and savours strongly of the style of a scholiast. 15. Quae libido. "What scenes of impurity." Compare the remark of Doering, ad. loc.: "Oculis nempe homines libidinosi venari solent libidinis alimenta.” 16. Quod facinus. "What daring deed."-Quod flagitium. "What infamous pollution." The distinction between facinus and flagitium should be noted. Facinus denotes a bold or daring action, and unless it be joined with a favourable epithet, or the action be previously described as commendable, the term is always to be un- derstood in a vituperative sense. Flagitium refers chiefly to dis- graceful and lustful excess, though it sometimes denotes any fault, error, or crime, that reflects dishonour on the offender. (Crombie Gymnasium, vol. 2, p. 162.) 17. Quem corruptelarum illecebris irretisses. "Whom you had entangled amid the allurements of your corrupting arts." Compare Sallust Cat. c. 14. “Sed maxume adolescentium familiaritates adpetebat," &c. 18. Facem praetulisti. Alluding to Catiline's initiating the young into the revels of the night, and being, as it were, their guide to scenes of debauchery. 19. Vacuefecisses. Catiline was said to have poisoned his first wife, in order to make way for Aurelia Orestilla, and, beside this, to have murdered his son by the former marriage, that he might not be an obstacle to his second union.-Alio incredibili scelere. The murder of his son. Compare Catullus, (64, 402,) "Optavit genitor primaevi funera gnati," &c. 1. Tanti facinoris immanitas. "So monstrous a piece of wick- 6 edness." Literally, "the enormity of so great a crime." 2. Proximis idibus. His creditors would then be entitled to call for the interest on their advances. Among the Romans, the Calends and Ides were the two periods of the month, when money was either 154 THE FIRST ORATION Page. 6 laid out at interest or called in, or else the interest demanded for what was on loan. Compare Horace, (Sat. 1, 3, 87,) "Quum tristes misero venere kalendae," and also, (Epod. 2, 69,) " Omnem redegit idibus pecuniam, &c.-The present oration was delivered on the 8th of November, and the next Ides would be on the thir- teenth. The Ides fell on the 15th of March, May, July, and Octo- ber, and the 13th of the other months. 3. Domesticam tuam difficultatem. "Your domestic difficulties," i. e. your debts. Compare Verr. 2, 28: " “Ostendit se in summa difficultate esse numaria.” 4. Hujus vitae lux. Graevius and others read merely haec lux, but then, as Ernesti correctly remarks, the whole relation is lost between hujus vitae lux, and hujus coeli spiritus. 5. Pridie kalendas Januarias. The time here meant is the 31st December. Sallust gives a brief account of this earlier conspiracy, (Cat. 18.) The plan was, to murder the consuls in the capitol, and then, for Catiline and Autronius to seize upon the consular author- ity. Suetonius (Vit. Iul. Caes, c. 9) informs us, on the faith of contemporary writers, that Caesar and Crassus had taken part in this conspiracy, and that it failed from Caesar's not having given the preconcerted signal, in consequence of Crassus's not appearing at the appointed time. According to Sallust, the plot failed a second time, on the nones (5th) of February, in consequence of Catiline's having given the signal for action before a sufficient number of con- spirators had assembled. 6. Lepido et Tullo consulibus. A. U. C. 687. Catiline, being accused of extortion, was unable to stand candidate for the consul- ship, and hence, inflamed with hatred and disappointment, he resolved to murder the new consuls. 7. Stetisse in comitio cum telo. "Took your station in the comi- tium with a dagger." The comitium was that part of the forum where the comitia met.-It was forbidden by one of the laws of the twelve tables, to carry any weapon within the city. The allusion in the text has already been explained under note 5. 8. Non mentem aliquam. "That no change of mind." This is the interpretation commonly given to the clause. It is susceptible, however, of a different meaning, "that no return of mind," i. e. no glimpse of reason, and consequent remorse, amid his phrensy. 9. Fortunam. "The wonted good-fortune." Compare Sallust, (Cat. c. 41,)" Tandem vicit fortuna reipublicae.” 10. Neque enim sunt, &c. "For neither are they concealed from the knowledge of all, nor have only a few been committed by thee subsequent to that event.' The common text has multo post, "} 7 AGAINST CATILINE. 155 an erroneous reading. The best editions give multa instead of multo. Page, 6 11. Quot ego tuas petitiones, &c. "How many thrusts of thine, aimed in such a way that they seemed impossible to be shunned, have I avoided by a slight turning away, as it were, and, to borrow the language of the gladiatorial schools, by the movements of my body." Petitio, declinatio, corpus, and effugio, are all gladiatorial terms, purposely employed by Ciccro, that he may seem to regard Catiline as no better than one of this class of persons. Compare the language he uses in the second oration against Catiline, (c. 11,) “Gladiatori illi confecto et saucio consules opponite,” &c. 12. Nihil agis, &c. "You do nothing, you contrive nothing, you meditate nothing." The student will observe the regular grada- tion of ideas.—We have retained the common reading with Ernesti. Some editors reject nihil moliris, quod mihi latere valeat in tem- pore, but without any propriety. The words from quod to tempore, both inclusive, are wanting in some manuscripts. 13. In tempore. "At the very moment when it is of advantage to me to know them." Equivalent to illo tempore quo illa scire mihi utile sit. Compare the Greek form Ev xaip, and Drakenb. ad Liv. 8, 7. Ma 14. Quoties jam, &c. "How often before this has that dagger of thine been wrested from thy grasp ?" 15. Tamen ea carere diutius non potes. These words are omit- ted by some editors, as not required by the context, and savouring, therefore, of interpolation. They are susceptible, however, of an easy defence: "Still you cannot be deprived of it for a longer period than the mere instant," i. e. no matter how often it be wrested, or fall, from your grasp, it is sure, the very next instant, to be in your hands again. They who reject this clause do not seem to have paid sufficient attention to the force of the comparative diutius. 16. Quae quidem, &c. As the relative begins the clause, and the connexion between it and the antecedent is comparatively slight, it must be rendered by the pronoun hacc. (Compare note 4, page 3.) “With what unhallowed rites this same dagger has been consecrated by thee and devoted to its purpose, I do not know, that you deem it a matter of solemn obligation to plunge it into the bosom of a consul." Cicero is thought to allude here to the horrid sacrifice of a human being, at the house of Catiline, an account of which is given by Sallust, (Cat. c. 23,) and Dio Cassius, (37, 30—vol. 1, p. 131, ed. Reimar.)—The sacrificial knife was consecrated to that purpose alone: Cicero insinuates that Catiline had a weapon dedi- cated to the sole purpose of slaying the consuls. 156 THE FIRST ORATION Page. 6 17. Odio. CC By the detestation."-Quae tibi nulla debetur. "No portion of which is justly your due." 18. Paullo ante. "A moment ago."-Ex hac tanta frequentia. "Of this so crowded a house." Referring to the full numbers of the senate, whom the intelligence of the conspiracy had drawn together. 19. Salutavit. When Catiline came into this meeting, and took his seat, all the senators abandoned that part of the subsellia, or benches, where he had placed himself, and not one of his private friends dared to salute him. 20. Vocis exspectas contumeliam, &c. "Do you wait for an open affront conveyed to your ears by the voices of these present, when you have been overpowered by that most expressive sentence which their very silence has passed upon you?" A paraphrase has been here employed, to give what a literal translation would only serve to obscure.-The contumelia vocis is the same as if the sena- tors had openly called Catiline a public enemy; the judicium taci- turnitatis refers to the manner in which he was received on coming into the senate.-The student will mark the force of the subjunc- tive oppressus sis, as denoting what is, to all appearance, passing in the mind of Catiline. 21. Ista. The orator here points to the place where Catiline is seated. Compare note 4, page 1.-Subsellia. The seats of the senators are here called subsellia, in opposition to the elevated place where the consul had his curule chair. Subsellium properly means a low bench or seat. 22. Nudam atque inanem. "Completely bare." The Latin writers frequently employ two epithets, of almost the same import, to give additional strength to the idea. my 1. Servi mehercule, &c. Muretus passes a high and richly-de- served encomium on the force and skill which characterize this pas- sage. It is, in truth, an excellent illustration of the argument a fortiori. 2. Injuria. "Without just cause. '-Offensum. Compare Casaubon, ad Suet. Jul. 19.-Omnium oculis. adopted the order of Graevius, as more in accordance with euphony. The common text has oculis omnium. "Odious." We have "Eos 3. Vulneras. "You are every day wounding." Vulnero is here used somewhat in the sense of lacdo. Compare chapter 4. nondum voce vulnero." 4. Omnium nostrum parens. Compare the beautiful passage in the treatise de Officiis: "Cari sunt parentes, cari liberi, propinqui, familiares, sed omnes omnium caritates patria una complexa est.” AGAINST CATILINĖ. 157 Page. 5. Et jamdiu te nihil judicat, &c. The common text has de te. We have rejected the preposition, according to the suggestion of Lambinus, which is approved of by Muretus and Graevius. If de be retained, the sense requires the insertion of another te, in the accusative, before cogitare, which would be extremely awkward and inelegant. 6. Parricidio suo. "Her ruin." The term parricidium, among the Roman writers, indicates not merely the murder of parents, but also, of those with whom one stands in any near and intimate rela- tion. Compare the language of one of the old lawyers: "Lege Pompeia de parricidis tenetur, qui patrem, matrem, avum, aviam, fratrem, sororem, patronum, patronam occiderit." (Pauli Sentent. lib. 5, tit. 24.) 7. Hujus tu neque, &c. "Will you neither respect her authority, nor be guided by her opinion, nor stand in awe of her power?" Ju- dicium is here equivalent to sententiam. His country had come to the conclusion, that Catiline ought to depart from her and go into exile. 8. Tacita loquitur. What the grammarians call an oxymoron, an apparent contradiction in terms. So in the following chapter, 44 quum tacent clamant.” 9. Multorum civium neces. Alluding to the murders committed by Catiline, as a partisan, and during the proscriptions, of Sylla. Consult Historical Index. 10. Sociorum. Catiline had, as praetor, obtained Africa for his government, where he was guilty of great extortion and rapine. On his return to Rome, he was accused by Publius Clodius, but escaped by bribing his accuser and the judges who tried him. 11. Quaestiones. "Public prosecutions." Consult Legal Index. 12. Quidquid increpuerit, &c. "For Catiline to be feared, on every alarm." Literally, quidquid increpuerit, "Whatever noise niay have been made." Compare Livy, 4, 43: “ Si quid increpet terroris.” 13. Quod a tuo scelere abhorreat. "That is free from your guilty participation." In which you do not bear a part. 14. Si est verus, &c. What Hermogenes calls a σχῆμα didnμparov, or form of a dilemma. 15. Nonne impetrare debeat. 'Ought she not to obtain her re- quest," i. e. ought she not to prevail upon you to depart. 16. Quid, quod tu ipse, &c. "What shall I say of this, that you offered to surrender yourself into the safe keeping of some private individual?" The phrase quid quod, which can only be used when a verb succeeds, is elliptical, and to be completed as follows: Quid → << 14 158 THE FIRST ORATION Page. dicam de eo quod. It generally implies, that what comes after is more surprising or decisive than what went before, and hence it is frequently rendered into English by "nay," or (C nay even. Com- pare Zumpt, L. G. p. 416.-Sanctii Min. vol. 2, p. 210, (ed. Bauer.) "" 17. In custodiam. This is what was called libera custodia. When an individual of rank and family laboured under the suspi- cion of any treasonable practices, he sometimes surrendered himself into the hands of another person, distinguished for private worth, and attachment to the state, to be guarded, as it were, by the latter until his guilt or innocence might be established by the result of a public prosecution. This step was generally taken in order to im- press the people with an opinion of his innocence. On some occa- sions, the person accused was given over into the safe keeping of another, without being allowed to exercise any will of his own, as in the case of Lentulus, and the other confederates of Catiline, re- corded by Sallust. (Cat. c. 47.) Dio Cassius (58, 3) calls this species of custody, by a very appropriate name, pudaki ãdeoµvs. Compare Lipsius, ad. Tacit. Ann. 6, 4. 18. M'. Lepidum. We have given the praenomen as M'., (i. c. Manium) instead of the common reading M. (Marcum.) The Lepi- dus here meant was Manius, not Marcus, Lepidus, who held the consulship with Volcatius Tullus. Compare Manutius, ad. loc., also the remarks of Morgenstern and Beck. and 19. Habitare. "To take up your residence." 8 1. Parietibus. The term paries most commonly denotes the wall of a house. Its primitive meaning appears to have been a party, or separation, wall. In the following passage it signifies a wall for upholding or supporting. "Parietes fornicum perfossi urbem patefecerunt." (Liv. 44, 11.) 2. Qui essem. "Since I was." Qui is joined to the subjunc- tive mood, when the relative clause states some circumstance be- longing to the antecedent, as accounting for the principal fact, or as contributing to its production. (Crombie, Gymnasium, vol. 2, p. 26.) 3. Q. Metellum. Cicero refers to Q. Caecilius Metellus Celer, who was subsequently despatched by him to raise an armed force against Catiline in the Gallic and Picene territories. (Compare Orat. 2, in Cat. chapters 2, and 12.) He was consul with L. Afranius, two years afterward. 4. Virum optimum. Used ironically. -M. Marcellum. The father of Marius complices of Catiline. (Pro Sext. 4.) Orosius, in the following Compare Quintilian (9, 2.) Marcellus, one of the ac- AGAINST CATILINE. 159 Page. passage, makes mention of both father and son : "Motus etiam in 8 Pelignis ortus a Marcellis, patre et filio, per L. Vectium proditus, patefacta Catilinae conjuratione, quasi succisa radice, compressus est," &c. (6, 4.)-We must be careful, however, not to confound the Marcellus here mentioned with the one named by Cicero a little after, and whom he styles vir fortissimus. This latter was the one whom he defended before Caesar. 5. Videlicet. Ironical. "No doubt."—Ad suspicandum. "In spying out your secret movements."-Ad vindicandum. "In bring- ing you to justice." 6. Morari. We have retained the common reading. Many editions have emori, and they who give this lection think that Cicero probably meant to warn Catiline, that his remaining in Rome would but lead to a speedy death. Cicero, however, is not speaking of a death to be patiently endured by Catiline, but of the utter impossi- bility of that individual's remaining any longer in a city, where every object must remind him of his own guilty schemes, and of the hatred and contempt which these had brought upon him. Besides morari and abire are in direct opposition, and the presence of the latter requires the former as a matter of course. ( 7. Refer, inquis, ad senatum. Lay the matter, you say, before the senate.” Referre ad senatum was the usual phrase for the laying of any matter before the Roman senate. If the consuls were in the city at the time when any such reference was to be made, they, by virtue of their office, consulted the senate on the matter in question. If they were absent, the reference was made by the other magistrates, according to their respective rank. (Aul. Gell. 14, 7.) 8. Quod abhorret a meis moribus. "Which is repugnant to my character." As Cicero was naturally averse to harshness and severity, he was unwilling to lay the affair of Catiline formally before the senate, since he knew that the latter would, most certainly, condemn him. His object was to induce him to quit the city. 9. Faciam, ut intelligas. "I will act in such a way that you may clearly perceive." He means, that he will tell him openly to go into exile, and that the senate will sanction this bold step on the part of Cicero, by their total silence. 10. Hanc vocem. "This word." Consult note 11, page 5. 11. Quid est, Catilina? Cicero probably made a pause at the end of the previous sentence, that Catiline might observe the more clearly, from the total silence of the assembled senators, how com- pletely their sentiments accorded with those of the speaker. He 160 THE FIRST ORATION Page. 8 then exclaims, in reference to the silence which prevails on all sides: "What is this, Catiline ?" 12. Patiuntur, tacent. They suffer me to address you in this language, they are silent," i. e. they permit me to use this bold language towards you, and to bid you go into exile, because they believe, with me, that you are an enemy to your country; and no one raises his voice in your behalf. 66 13. Quid exspectas auctoritatem, &c. Why do you wait for their authorizing this by their voicos, when you clearly perceive their wishes although they are silent?" Cicero refers to their con- firming, by word of mouth, the order which he had given Catiline to depart into exile. 66 14. P. Sextio. P. Sextius Gallus, who was quaestor to the consul Antonius, and whom Cicero subsequently defended in an oration which has come down to us. 15. M. Marcello. This is the Marcellus whom Cicero after- wards defended before Cacsar. Consult Historical Index. 16. Jam. "Ere now."-Vim et manus. "The hand of vio- lence." Literally, "violence and their hands." A species of hen- diadys. 17. De te. "With regard to you."-Cum quicscunt, &c. "When they remain quiet, they actually approve of my conduct; when they permit me to use this language, they, in truth, decree to that effect; when they keep silence, they, in fact, proclaim loudly their sentiments." Probant. The senate approve of the course which Cicero has just pursued towards Catiline, in ordering him into exile. Decernunt. They actually decree that he go into exile. Clamant. They loudly proclaim, as it were, their decided convic- tion of Catiline's being a foe to his country. 18. Quorum tibi auctoritas, &c. "Whose authority, it seems, is highly respected by you; whose lives arc most cheap in your eyes." Catiline pretended great respect for the authority and sanc- tion of the senate, but held their lives, in fact, so cheap, as to have marked out the majority of them for destruction. 19. Sed ctiam illi equites Romani. "But even those Roman knights do the same," i. e. silentio probant. 20. Qui circumstant senatum, A body of Roman knights, and other patriotic citizens, were in arms around the temple in which the senate were convened, in order to protect them from any sudden attack on the part of the conspirators, in case such, as was strongly apprehended, should take place.-Voccs. Referring to the patriotic cries of those assembled without the temple. 21. Usque ad portas prosequantur. Those who went into volun- AGAINST CATILINE. 161 Page. tary exile were generally accompanied to the city gates by large 8 numbers of their friends. Cicero promises an escort of knights to Cati- line, if he will abandon Rome. The orator means, that, through joy to rid themselves of him, they will see him safely to the gates of the city. 22. Quamquam. "And yet." Compare the remarks of Forcel- lini, on this usage of quamquam : "Venustatem habet, cum quis se ipsum corrigit;" and consult the following passages where it occurs in the same sense: Cic. N. D. 3, 16: Virg. Aen. 5, 194. 23. Te ut ulla res frangat? &c. "Is it to be expected that any thing can ever break that obstinate spirit of yours? that you can ever reform ?" We must supply before ut, in this passage, the words sperandumne sit fore, or something equivalent. Drakenborch (ad Liv.. 4, 2, 12) has collected examples of this elegant and éllip- tical usage of the particle ut.-Frangat. As regards the peculiar force of this verb in such passages as the present, compare Liv. 2, 23; and consult Brouckhous, ad Tibull. 1, 9, 71. CC 1. Duint. An archaism for dent. This form Livy, as forming part of the language of a vow : nobis victoriam duis, ast ego templum tibi vovco. sides being used on such solemn occasions, it is frequently met with among the comic writers. (10, 19.) Be- 2. Sed est mihi tanti. occurs also in 9 Bellona, si hodie "But it is worth this sacrifice." As if he had said: " Reipublicae salus est mihi tanti momenti, ut huic impendenti invidiae tempestati me objiciam.” 3. Privata sit. "Be private in its character," i. e. concern me individually; fall only on my head. 4. Sed tu ut vitiis tuis commoveare. "But that you can be at all affected by the consciousness of your crimes." Vitia is here used to denote any evil deeds. 5. Ut temporibus reipublicae concedas. That you can yield to the interests of the republic." It is the same as if Cicero had said: “Ut a consilio tuo recedas, et ea, quae praesens reipublicae status postulat, fieri patiaris.”—-We have given concedas with the greater number of editions. Graevius, Lallemand, Beck, and Schütz, prefer cedas, which is found in some manuscripts, and this reading is also defended by Goerenz, ad Cic. de Leg. 3, 11, 26, p. 251. But con- cedo is often used by Cicero for the simple cedo. Compare, Ep, ad Fam. 4, 3: ad Att. 14, 18: Verr. 2, 44: Rosc. Am. 40, (( 6. Pudor. "A sense of shame."-Umquam. This word does not appear in the common text. Quintilian, (9, 3, 62,) in quoting the passage inserts it after pudor, a reading which Schütz and Mat- thiae adopt. We have removed it to its present place as giving a fuller sound to the sentence. 14* 162 THE FIRST ORATION Page. 9 7. Recta. Supply via. Thus Terence, Andr. 3, 4, 21: Quin hinc recta in pistrinum proficiscar via.” 8. Sermones hominum. "The remarks of men," i. e. the cen- sures that will be heaped upon me for my tyrannical conduct. Compare Cic. Verr. 4, 7: "In sermonem hominum atque vitupera- tionem venire,” and Ep. ad Att. 2, 14: "Vapulare sermonibus." 9. Molem istius invidiae. "The weight of that odium which you will thus bring upon me." The student will mark the force of the pronoun iste, and constilt note 4, page 1. 10. Servire meae laudi et gloriae. To subserve the purposes of my praise and my glory," i. e. to advance my reputation and glory.-Cicero resorts to an artful dilemma. Catiline may entertain either hostile or friendly feelings towards Cicero, just as he pleases, for the purpose either of exposing him to odium, or contributing to his renown, but in either event he must leave the city. • 46 11. Cum importuna sceleratorum manu. "With thy lawless band of miscreants." Importunus here denotes a total disregard for what time, place, circumstance and person demand. Hence it obtains the signification of "unbridled," "outrageous," "intolera- ble," &c. Compare Verr. 6, 50 : Importunissimae libidines," "the most unbridled desires," and Cat. 2, 6: Importunissimus hostis." CC A P 12. Impio latrocinio. "In your impious scheme of robbery." It is called "impious," or unhallowed, because directed against his native country. Latrocinium, in its earliest acceptation, meant merely the service of a soldier, and the primitive meaning of latro itself was the same as miles. The idea of robbery and plunder was associated with it at a later period, from the plundering habits of disbanded soldiers. Festus derives latro from the Greek λατρεία, "service," where others, however, by a change of reading, make Xárpov, "pay," the root. (Lindemann. Corp. Gram. Lat. vol. 1, λάτρον, p. 88.) Varro's derivation of the term from latus, because the latrones, at first, like a kind of body-guard, protected the side of the king or commander, ("circum latera erant regi,") or, because they wore swords by their sides, ("ad latera habebant ferrum !") is now deservedly rejected. "And yet.' Compare note 22, page 8. 13. Quamquam. 14. Qui tibi ad Forum Aurelium, &c. "To wait for thee in arms near Forum Aurelium." The preposition ad, with the name of a place, denotes immediate proximity, but not the being in the place itself. Towns were called Fora by the Romans, where the praetor held what we would term his circuits, for administering jus- tice, and where also markets were established. The town of Forum AGAINST CATILINE. 163 WOMAN Page. 9 Aurelium, (now Monte Alto,) was situate in Etruria, and took the latter part of its name from the Via Aurelia on which it stood, and which led from Rome to Pisa. The Aurelian way was con- tinued from this latter place, A. U. C. 639, by the consul Aemilius Scaurus, under the name of Via Aemilia, as far as Dertona, (now Tortona,) and at a later period was carried from Vada Sabata (where it had left the coast for Dertona) to the Maritime Alps, and even beyond them into Gaul as far as Arelate (now Arles.) Consult Cramer's Anct. Italy, vol. 1, p. 35, and Anton. Itin. p. 288, ed. Wess-ling-Sigon. Ant. Jur. Ital. 2, 5. 15. Cui sciam. The common text has quum sciam, Ernesti merely sciam We have inserted cui with Beck and Schütz, “conncinnitatis gratia." 16. Aquilam illam argenteam. The same which Marius had in his army in the Cimbric war. Catiline fell beside it in the battle which ended the conspiracy. (Sall. Cat. 59.)—Among the Romans, a silver eagle, with expanded wings, on the top of a spear, some- times holding a thunderbolt in its claws, with the figure of a small chapel above it, and occasionally also having the chapel over it, was the main standard of the legion. It was anciently carried before the Triarii, or third rank, composed of the oldest soldiers; but, after the time of Marius, in the first line, and near it was the ordinary place of the general. The reason of this change of place appears to have been, because, in the time of Marius, the best troops began to be placed first. Consult Salmas. de Re Milit. c. 6.-Lips. de Mil. Rom. lib. 4, dial. 3 and 5.-Rasche, Lex. Rei. Num. s. v. Aquila Legionaria. 17. Cui domi tuae, &c. "For which a shrine was established at your own home, where your crimes were offered up as appropriate incense." We have been compelled to resort to a paraphrase, in order to express more clearly the meaning of the orator.-It has been stated in the previous note, that the eagle of the legion was sometimes placed in a kind of chapel, or aedicula, and at other times was represented either without any such chapel, or as having it above the wings. Dio Cassius (40, 18) is very explicit respecting the frst of these: ἔστι δὲ νεὼς μικρὸς, καὶ ἐν αὐτῷ ἀετὸς χρυσοῦς ἐνίδο pura. So Catiline, in the figurative language of Cicero, had, by keeping the Marian eagle at his own home, established there, in fact, a kind of sanctuary for it; and, as the Roman soldiers were accus- tomed to pay adoration to their standards, so he, according to the orator, might be said to have adored the one in his possession, and to have invoked it as the tutelary deity of intended violence and rapine. With regard to the different forms of the legionary standard, ρυται. 164 THE FIRST ORATION Page. 9 already alluded to, consult Stewech. ad Veget. R. M. lib. 2, c. 6, p. 121, and the authorities cited by Reimar, ad Dion. Cass. 1. c., where the error of Lipsius is corrected, who confounds the small temple mentioned by Dio with the sanctuary of the camp where all the standards were worshipped. 18. Tu ut illa, &c. "Is it to be believed that you can any longer," &c. Supply credendumne sit forc, and consult note 23, page 8.-Istam impiam dexteram. "That impious right hand of thine." 19. Haec res. i. e. hoc bellum contra patriam, haec civium cacdes, It is incorrect to apply these words to Catiline's forced departure from the city. Ad hanc te amentiam, &c. "It was for this mad carcer of crime that nature gave you being, inclination trained, fate reserved you.” 20. Nisi nefarium. "Unless of an unhallowed character." Bellum nefarium means a war against his native country, and hence impious and unhallowed.-Nactus es. "You have got together." Atque ab omni, &c. The order is, atque (ex) derelictis ab non modo omni fortuna, verum etiam (a) spe. 10 1. Hic. i. e. inter ejusmodi hominum gregem.—Qua laetitia perfruere, &c. "What gratification will you experience, with what joy will you exult, in what delight will you revel." Cortius, ad Plin. Ep. 4, 15, conjectures perfluas in place of perfruere, but the emendation is of no great value. If any change be needed, it would be to reject the words qua laetitia perfruere, as an explana- tory gloss of what follows, viz.: quibus gaudiis exsultabis? 2. Ad hujus vitac studium, &c. "It was to prepare you, no doubt, for the zealous pursuit of such a life as this, that all those labours of yours, as they are called, were gone through with.” Meditari is here used passively, in the sense of agi or exerceri. The whole passage is full of irony and bitter scorn. 3. Ad obsidendum stuprum. "For the purpose of watching an opportunity for debauchery." The literal meaning is, "to lie in wait for debauchery." Compare Verr. 1, 2: "Qui meum tempus obsideret."-Ad facinus obeundum, "For the execution of some daring and wicked enterprise." 4. Bonis occisorum. Graevius and some other editors give oliosorum from a fow MSS. But this destroys the force of Cicero's remark. The orator means, that Catiline enriched himself by plun- dering the property of those who had been proscribed during the civil contests of Sylla and Marius, he being a partisan of the former. Consult Historical Index, s. v. Catilina. 5. Habes ubi ostentes. "You have now a glorious field for diş- AGAINST CATILINE. 165 Page. Compare Sallust, 10 playing." Ironical.-Patientiam famis, &c. Cat. 5, and Or. pro. Coel. 6. 6. Confectum. "Undone."- Cum te a consulatu repuli. Cicero means, when his influence prevented Catiline from being elected to the consulship. 7. Exul. We have given this, and also consul, in Italics, to mark the paronomasia. So likewise latrocinium and bellum. CC 8. Nunc, ut a me, &c. "Now, Conscript Fathers, that I may, in the most earnest and solemn manner, remove from me what seems, as it were, an almost well-grounded complaint on the part of my country." Quamdam (literally, a certain") is purposely em- ployed to qualify prope justam.-The verb detestari here denotes, "to seek to remove any thing from one, such as blame, accusation, &c., by the utmost earnestness of manner, adjuring, calling to wit- ness all that one hold's dear;" while deprecari rises upon it in meaning, "to pray in the most solemn manner, to entreat fervently, to supplicate, that one may be freed from certain consequences." Compare Ernesti, Clav. Cic. s. v. 9. Percipite quaeso, quae dicam, &c. The oratorical skill with which Cicero brings this oration to a close, is admirable. He had, already, in the earlier part of the discourse, repeatedly asserted, that it was fully in his power to put Catiline to death if he felt inclined. In order to support this assertion once more in the strongest manner, he introduces the striking personification of his own country, com- plaining that he had not removed Catiline from existence, when it was his duty to have done so. The three grounds of excuse, which might have exonerated him from censure in the case of an ordinary offender, his country here pronounces utterly insufficient to excuse his inaction. 1. The custom of early days.-Why, in earlier days, replies his country, even individuals uninvested with magistracy, as, for example, Scipio Nasica, put to death with their own hands the disturbers of the public repose. 2. The law which forbade any Roman citizen's being put to death.--But, replies his country, no man who fails in his duty as a citizen, can claim the privileges of one.-3. The dread of public odium, for what might seem too harsh an exercise of authority.-A man, like Cicero, whom the republic had elevated, in so extraordinary manner, to the highest office in her gift, is bound, when the safety of that republic is at stake, to consid- er personal odium or danger as of only secondary importance.-All this forms, as Muretus remarks, "orationem moratam.” T 10. M. Tulli, quid agis? Compare the address of his country to Socrates, in the Criton of Plato, (§ 11,) είπέ μοι, ὦ Σώκρατες, τί ἐν νῷ ἔχεις ποιεῖν ; κάτι λι · 166 THE FIRST ORATION Page. 10 11. Erocatorem servorum. Those soldiers who had served out their time, (emeriti,) and those who, from Sylla's time downward, had received, instead of a military pension, a piece of ground to cul- tivate and dwell on, were always, in case of any sudden and danger- ous emergency, compelled again to enter the ranks and perform military service. When this was to be done, persons were sent to summon them, called conquisitores or evocatores. (Dio. Cass. 44, 12.-Lips. de Mil. Rom. 1, 8.-Turneb. Advers. 1, 9.-Stewech. ad Veget. 2, 3.) We see from this, with what bitter scorn Catiline is called evocator servorum, as if he had gone into their very work- shops and summoned them forth to insurrection and deeds of blood. 12. Non emissus ex urbe, &c. On the principle, that, if allowed to escape, he will only return with surer means of destruction. 13. Mactari. "To be visited." Used here for affici. The verb mactare is the official term, properly, for slaying a victim at a sacri- fice, after the salted meal had been sprinkled between the horns, and all the other ceremonies performed. In its primitive sense, however, it is equivalent merely to magis augere, and hence, when applied to a sacrifice, means in strictness, to go on and consummate what has been already begun, i. e. to slay the victim. It is in this way only we can explain such phrases as the following: "mactant honoribus," "they advance with honours," i. e. heap fresh honours upon (Cic. de Repub. ap. Non. c. 4, n. 291.)——“ Liberum patrem fanorum consecratione mactatis." "Ye do honour to father Bac- chus,” &c. (Arnob. 1, p. 24.) Compare also the forms macte vir- tute, macte ingenio, &c.-The propriety of Cicero's phrase will now be fully apparent. His country tells him that something more must be done; the last act, the finishing blow to the conspiracy, must now be attended to, in putting Catiline to death. 14. Mosne mujorum. Their forefathers would not put a Roman citizen to death without the order of the Roman people.-At per- saepe etiam privati, &c. Cicero alludes particularly to the case of P. Scipio Nasica, who headed the party of the nobility when Tibe- rius Gracchus was slain. The expression persaepe falls under the head of what may be denominated oratorical exaggeration, since justifiable instances of this nature were by no means frequent. 15. An leges. The Porcian and Sempronian laws in particular. The former ordained, that no Roman citizen should be bound, scourged, or put to death. (Pro. Rab. 4.-Verr. 5, 63.-Liv. 10, 9.) The latter enjoined, that no Roman citizen should be put to death without the express order of the Roman poople; which was only reviving one of the provisions of the twelve tablos. It was intended, however, in fact, as a revival of the Porcian law, which AGAINST CATILINE. 167 Page. had grown in some degree obsolete. Consult Sigon. de Antiq. Jur. 10 cio. Rom. 1, 6, and Heineccius, Antiq. Rom. Append. 1, 1, 27, p. 247, ed. Haubold. 16. Rogatae sunt. "Have been enacted." The people, at the comitia, were asked their pleasure respecting the passage of laws. The usual form of application, on the part of the presiding magis- trate, was, “velitis, jubeatis Quirites?" "Hence rogare legem which would strictly mean, "to ask the people about the passage of a law," gets the meaning of "to enact a law," and so also rogare magistratus, “to elect magistrates." On the same principle, before a law was carried through, and while it was still pending, it was termed rogatio, << a bill." Hence, too, when the people were to vote about a law, two ballots were given them, on one of which were the letters U. R. (i. e. uti rogas,) and on the other A. (i. e. antiquo, antiqua probo.) The former was the affirmative ballot, and was equivalent to, "volo legem esse uti rogas." 17. Tenuerunt. Have retained." i. e. have been allowed to retain.-Invidiam posteritatis. "The reproaches of posterity." Literally, "the odium," or (C dislike." 48 18. Praeclaram vero, &c. "You are making a fine return, indeed, to the Roman people." Ironical.-Hominem per te cogni- tum. A person brought into notice by your own exertions merely," i. e. what the Romans were accustomed to call "a new man," novus homo; meaning one who had been the first of his family to raise himself to any curule office, or, in other words, to enroll himself by his personal merits among the nobility. Cicero was fond of alluding to this feature in his history, and it was cer- tainly a most pardonable kind of pride. 19. Tam mature. Cicero was elected consul the very year he was first permitted, by law, to offer himself as a candidate. No one could present himself as an aspirant for the consulship, until he had completed his 43d year. The orator boasts of having obtained all the inferior offices in the same way; each in the year when he was first allowed to apply for it. Hence the expression in the present passage, per omnes honorum gradus, "through all the gradations of office.” 1. Severitatis ac fortitudinis invidia. “The odium arising from 11 a strict and firm discharge of duty."-Quam inertiae ac nequitiae. Than that which is attendant upon indolence and remissness." Compare note 20, page 2. 2. Tum te non existimas, &c. A beautiful figure, best expressed by a paraphrase: Do you not imagine that you yourself will be then enveloped amid the flames which the indignation of your 168 THE FIRST ORATION Page. 11 country shall have kindled against you?" Literally, "Do you not think that you will then blaze amid the conflagration of odium ?"— The figure arises very naturally from the previous expression, “ tecta ardebunt." 3. His ego sanctissimis vocibus. "To these most revered ex- postulations on the part of my country." Sanctissimis is here equivalent to sanctissime colendis.- Mentibus. "To the secret thoughts." 4. Si judicarem. "Could I have thought." In conditional propositions, it is not uncommon for the consequent clause to con- tain the pluperfect subjunctive, while the conditional clause contains the imperfect subjunctive with si or nisi. Thus in the present instance we have judicarem and dedissem. The probability is thus spoken of generally, without being strictly referred to the time at which it existed. (Zumpt. L. G. p. 331.) 5. Unius usuram horae ad vivendum. "The enjoyment of a single hour for the purposes of existence."-Gladiatori isti. Com- pare note 6, page 11.-Etenim. "And well may I make this assertion, for." Compare the Greek form of expression xaì yàp. 6. Honestarunt. "Graced." Equivalent to decorarunt.—Certe mihi, &c. Ernesti suspects mihi of being unnecessary here. But it is needed to mark a kind of opposition to summi viri, et clarissimi cives. 7. Parricida civium. Consult note 6, page 7. 8. Qui spem Catilinae, &c. "Who have fostered the hopes of Catiline, by their feeble expressions of opinion."-Non credendo. (C By not believing in its existence." 9. Si in hunc animadvertissem. "If I had punished him." Un- derstand supplicio. The verb animadvertere, when used with an ellipsis of supplicio, in the sense of punishing, denotes to punish by authority, and then refers to the vigilance of the magistrate, in marking offences committed. The use of the preposition in, on such occasions, before the name of the culprits, intimates more strongly the steady attention directed towards the conduct found to be reprehensible. (Hill's Synonyms, p. 89, 4to ed.) 10. Regie. Tyrannically." After the expulsion of Tarquin, nothing was more hateful to a Roman ear than the name of "king," rex, and hence they connected with the expressions regnare, regie aliquid facere aut dicere, the idea of tyrannical and oppressive con- duct, and such as was hostile to freedom. Compare Cic. Agrar. 2, 6, where, in order to excite the hatred of the people against the authors of the Agrarian law, he calls them "decem reges aerarii, vectigalium, provinciarum omnium," &c. (C AGAINST CATILINE. 169 * Page. 11. Paullisper reprimi, non in perpetuum comprimi posse. 11 May be repressed for a season, but cannot be for ever suppressed." Compare the remarks of Ernestus Antonius: "Qui reprimitur, ad tempus tantum continetur; qui comprimitur, plane conficitur.” 12. Se ejecerit. Equivalent in effect to praeceps cx urbe exierit. -Ceteros naufragos. The rest of his shipwrecked band of fol- lowers." Ernesti suspects that naufragos is a mere interpolation, which has found its way into the text from having been mentioned in the second oration against Catiline, c. 11. He mistakes, however, a very forcible figure. By naufragi Cicero means those who are shipwrecked in character and fortune by reason of their flagitious excesses. Compare pro Sull. c. 14, where those who have lost their private patrimony are called patrimonio naufragi. 13. Haec tam adulta reipublicae pestis. "This so ripe a plague of the republic." As if he had said: As if he had said: "Hic Catilina, tam robustus et corroboratus reipublicae eversor, tantum roboris et virium jum in evertenda republica nactus. 14. Jamdiu. For the space of three years, i. e. ever since the consulship of Lepidus and Tullus. (4 15. Quo pacto. By what means," i. e. by what fatality.—Om- nium scelerum, &c. "The maturity of all these crimes, and of this long-continued madness and audacity."-Eruperit. The metaphor appears to be borrowed from an ulcer, breaking when ripe. Com- pare Pliny, H. N. 22, 23, 49: "ulcera maturescentia," and (22, 10, 12,) "ulcera erumpentia." 1. Ex tanto latrocinio. “From so numerous a band of robbers." 12 Latrocinium is here used for latrones, as seruitium often is for servi. 2. In venis atque in visceribus reipublicae. In the veins and vitals of the republic." The viscera are the upper entrails or vitals, including the lungs, heart, liver, &c. The intestina are the lower entrails. Compare the language of Celsus, (6 a visceribus ad intes- tina veniundum est," (4, 11,) and again, "Septum id quod trans- versum a superioribus visceribus intestina discernit.” (7, 4, 2, p. 354, cd. Targa.) The corresponding word in Greck is onλáyxva, which were the parts always examined by the soothsayers. 3. Aestu febrique. "Under a burning fever." 11 4. Qui est. "Which exists."-Relevatus. "After being miti- gated in some degree."-Vivis reliquis. "While the other con- spirators remain alive." We have adopted this reading in place of the common one, civibus reliquis, which does not suit the context. Cicero means, that the death of Catiline will not suffice for crushing the evil engendered by the conspiracy, as long as his accomplices are allowed to remain alive. 15 170 THE FIRST ORATION AGAINST CATILINE. Page. 12 5. Circumstare tribunal praetoris urbani. L. Valerius Flaccus was Practor Urbanus at this time, and the partisans of Catiline appear to have placed themselves, at different times, around his tri- bunal, to deter him, if possible, from administering justice. 6. Obsidĕre. "To beset.' A verb of the third conjugation, obsido, čre. 7. Mallcolos. "Fiery arrows." A description of this species of missile is given by Ammianus Marcellinus, (23, 3,) from which it appears, that they were a kind of arrow, with an iron grating below the head, swelling out like a clew in spinning. This iron receptacle was filled with combustibles, which, on being ignited, burnt fiercely, and could only be extinguished by dust thrown upon the flame. Water merely served to increase its vehemence. The naine mal- leolus (“little mallet") was given to this missile, from the rescm- blance which the projecting or swelling part bore to the head of a mallet. Compare Lips. Poliore. 5, 5, and the authorities cited by him. "" 8. Quid de republica sentiat. “What his sentiments are respect- ing the republic." 9. Oppressa, vindicata. "Crushed, punished." 10. Cum summa reipublicae salute, &c. "With the best inter- ests of the republic firmly established, and with your own calamity and ruin fully assured, and with the destruction of those, who have joined themselves with you in every act of wickedness and parri- cide, now reduced to absolute certainty, go forth to your impious and unhallowed war." We have introduced a partial paraphrase, in order to convey the orator's meaning more clearly. The idea, more briefly expressed, would be as follows: "Go forth, for the safety of the republic, for your own ruin, and for the destruction of your accomplices. 11. Auspiciis. Matthiac well remarks, that not only temples, but also statues were consecrated by taking the auspices.-Sta- "The stay." Consult note 15, page 4. torem. " 12. Scelerum foedere. By a compact of wickedness."-Mac- "Wilt visit." Compare note 13, page 10. tabis. SECOND ORATION AGAINST CATILINE Page. 1. M. TULLII CICERONIS, &c. "Second Oration of Marcus 13 Tullius Cicero against Lucius Catiline, delivered before the Roman people."-Catiline having escaped unmolested to the camp of Man- lius in Etruria, the conduct of Cicero in not appreheuding, but sending away, this formidable enemy, had probably excited some censure and discontent. The second Catilinarian oration was, in consequence, delivered by Cicero, in an assembly of the people, in order to justify his driving the chief conspirator from Rome. A capital punishment, he admits, ought long since to have overtaken Catiline, but such was the spirit of the times, that the existence of the conspiracy would not have been believed, and he had, therefore, resolved to place his guilt in a point of view so conspicuous, that vigorous measures might, without hesitation, be adopted, both against Catiline and his accomplices. He also takes this opportunity to warn his audience against those bands of conspirators who still lurked within the city, and whom he divides into various classes, describing, in the strongest language, the different degrees of guilt and profligacy, by which they were severally characterized. 2. Tandem aliquando, &c. "At length, then, Romans, we have either cast out, or sent away, or accompanied with execrations on his voluntary departure from our city, Lucius Catiline, raging with audacity, breathing forth crime, wickedly plotting the ruin of his country, every instant threatening you and this city with fire and sword." The commencement of this oration makes a kind of oppo- sition to the Quousque tandem with which the first begins. 3. Quirites. An appellation given to the whole Roman people when addressed on any public occasion. The term is commonly derived from Quirinus, a name given to Romulus, or from Cures, a town of the Sabines. They who favour the latter etymology assert, 171 172 THE SECOND ORATION Page, 13 that the Sabines were called Quirites before their junction with the Romans, and that it afterward became the common appellation of the united people. The former derivation, however, appears prefera- ble. Quirinus was a title of Janus, the god that opened the year, when armies move forth on campaigns; and the root is Quiris, the Sabine term for << a spear." Hence the senate could find no appel- lation more glorious than this, to bestow on the valiant Romulus after he had disappeared from the earth. 4. Scelus anhelantem. A strong and beautiful expression. One, who is deeply agitated, breathes deeply (anhelat); and Catiline is thus said to send forth crime with every exspiration from his troubled bosom. His whole thoughts are identified with wickedness. 5. Minitantem. The student will mark the singular propriety and force of the frequentative. 6. Vel ejecimus. By consular authority. Cicero perhaps alludes, by the use of this word (ejicio) to some complaints on the part of Catiline's friends, of his having been dealt with too harshly.-Vel emisimus. Implying permission to depart.-Ipsum. Literally, "of his own accord." Consult Ernesti, Clav. Cic. s. v. Ipse. 7. Verbis. Referring particularly to the expressions used at the close of the previous oration. It was customary, at Rome, for their friends to escort to the gates of the city any distinguished persons when leaving the city on affairs of importance, and to accompany them with their wishes and prayers (cuntes ad portas prosequi.) Cicero, here, by a very striking figure, applies this custom to the case of Catiline, but the verba, with which every good citizen is sup- posed to have accompanied him, are wishes and prayers for his ruin. 8. Abiit, excessit, &c. "He is gone, he has left us, he has escaped, he has broke away." This beautiful and striking climax appears to be couched in terms borrowed from the operations of the chase. Abiit applies to the wild beast, when he has left his usual haunts and retired to another part of the forest; excessit, when, after having been tracked out, he leaves the spot before the nets can be prepared for him; evasit, when he has been surrounded by the toils, but escapes by springing forth; and erupit, when he bursts his way through every intervening obstacle. 9. A monstro illo atque prodigio. "By that monster and prodigy of wickedness." Compare Pro Coel. 3, 12, seq. 10. Sica illa. Compare chapter 6, of the first oration: Quoties jam tibi extorta est sica ista de manibus," &c. (C 11. Non in campo: Consult note 3, page 5. 12. Non in foro. The forum being the place where much public business was transacted, the magistrates were here more exposed t AGAINST CATILINE. 173 Page. the murderous designs of Catiline.-Intra domesticos parietes. 13 Referring to the attempt made by the two Roman knights to assas- sinate him at his own house. 13. Loco ille motus est. "He was dislodged from his strong- hold." Some apply the expression to the movements of gladiators, and render it: " He was driven from his position." This, however, wants force. 14. Bellum jus!um. "A regular warfare." Opposed to latro- cinium occultum, and denoting a formal and regular war. 15. Quod non extulit. Afflictum et profligatum. very ground." "That he did not carry out with him." "Afflicted, and as it were dashed to the 16. Perculsum atque abjectum. "A stricken and a worthless thing."-Retorquet oculos, &c. Another figure borrowed from the movements of savage animals. Catiline is compared to some wild beast looking back at the prey which has just been torn from its grasp. 1. Quales esse omnes oportebat. All good citizens thought that 14 Catilinc ought to have been put to death. Cicero here says, that this should have been the opinion of all citizens indiscriminately.- Triumphat. As if over a common foe to all.-Tam capitalem hostem. "So deadly a foe." Capitalis is here used for pernicio- sus, or, in other words, "omnium bonorum cupitibus quasi insi- dians." 2. Et affectum. "And to have been visited."—Hujus imperii severitas. "The strict discharge of the duties of my magistracy." With imperii supply consularis.—Respublica. "The interests of the republic." 3. Qui quae ego deferrem, &c. "Who would not have believed what I might have alleged against him." The student will observe in this clause, and in several that follow, the use of the imperfect subjunctive for the pluperfect. This is done, in order to state the probability in general terms, without any strict reference to the time at which it actually existed. (Zumpt, L. G. p. 331.)—The use of the pronoun ego is worthy of notice here. Cicero means that many would not have believed the accusation against Catiline, because he, Catiline's private foe, as was supposed, had seen fit to make it. 4. Qui propter stultitiam non putarent. Who, from want of judgment, would have deemed the charges untrue." Equivalent to putarent non vera esse quae ego deferrem.-Defenderent. Sup ply cum, scil. Catilinam.—Quam multos, qui propter improbitatem faverent. "How many, who, from utter worthlessness, would have favoured his cause." " 15* 174 THE SECOND ORATION Page: 14 5. Ac si, &c. "And yet, could I have supposed, that, if he were taken off, all danger would have been driven away from you, long since would I," &c. Illo sublato is here equivalent to morte Catilinae.-Invidiae meae. "Of personal odium." The same in effect as odii mihi suscipiendi. 6. Ne vobis quidem omnibus, &c. "That, if I should punish him with death, as he deserved, while the affair was still as yet not clearly ascertained by you all." The term re refers to the existence of the conspiracy, and the guilt of Catiline. 7. Quam vehementer. Ironically meant.-Parum comitatus. Slightly attended." According to Plutarch (Vit. Cic. c. 16) he was accompanied by three hundred armed followers, eλowv petù τριακοσίων ὁπλοφόρων, κ. τ. λ. He also had with him the fasces and other badges of authority. (Compare Sallust, Cat. c. 37.-Appian. B. C. 2, 3.-Dio Cassius, 37, 33.) 46 8. Tongilium mihi eduxit. "He has led out with him my Tongilius." The pronoun mihi is here of peculiar and idiomatic elegance, and is made to answer the purpose of bitter irony. Ton- gilius was, as may readily be inferred from the context, an infamous character, and a bosom-friend of Catiline. 9. Quem amare in praetexta coeperat. "To whom he had begun to be attached in early youth." The practexla was the gown, which the Roman youth wore until they were 17 years of age: it is here put, therefore, for that period of life.—The common text has calumnia added after practexta. It is, however, a mere marginal note, which found its way, at last, into the text. It appears to have been inserted in the margin of a manuscript, by some person dis- puting the truth of the charge. If to be translated, it must be ren- dered by a kind of parenthesis, "a mere calumny," and must be regarded as ironical. Lambinus, Manutius, Heumannus, Schütz, and others, reject it from the text, and we have followed their authority. Garatoni, in the Naples ed. proposes the following: “quem armare in praetexta calumnia coeperat," making armare calumnia go together in construction, and giving the phrase the meaning of "ad omnem calumniandi artem formare,” but this is not Ciceronian phraseology. (Compare Odin. Misc, Obs. Bat. Nov. vol. 12.) 10. Publicium et Munacium. Supply pariter eduxit. The individuals here mentioned were two of the worthless companions of Catiline.-Quorum aes alienum, &c. "Whose debts contracted in a tavern." Popina is a tavern, or eating house, the resort of intemperate and gluttonous persons. Compare the language of Plautus, (Poen. 4, 2, 13,) " Bibitur, estur, quasi in popina.". AGAINST CATILINE. 175 Page: Cicero refers to the tavern-debts of Publicius and Munacius, not, 14 as some explain it, to money borrowed from them by Catiline, and spent by him in riot and debauchery. The orator stigmatizes them as mere tavern-brawlers, and in no respect dangerous to the state. 11. Reliquit quos viros, &c. Cicero means, that the persons left behind by Catiline were much more to be dreaded than those whom he had carried forth with him, since they possessed great influence, were men, in general, of good families, and by reason of the pressure of debt were reckless of consequences. 12. Prae Gallicanis legionibus. "In comparison with our Gallic legions." The orator refers to the regular forces in Transalpine Gaul, which, as Muretus thinks, were at that time in winter-quar- ters. The usual reading is et Gallicanis legionibus, but in place of et we have adopted prae, the emendation of Lambinus.-In agro Piceno et Gallico. Consult Geographical Index. The Gallic ter- ritory meant here, is that of Cisalpine Gaul. As regards Q. Metel- lus, whose full name was Q. Metellus Celer, and who was one of the praetors of this year, consult Historical Index, and also the 12th chapter of this oration, and Sallust, Cat. 30. 13. Collectum ex scnibus desperatis, &c. "An army composed of desperate old men, of debauched rustics, of bankrupt farmers." The senes desperati consisted principally of the veterans of Sylla. By decoctor is properly meant one who has run through his property and become bankrupt; or, in other words, a ruined spendthrift. 14. Vadimonia deserere. "To abandon their bail." To forfeit their recognisance. Vadimonium is the bail-bond, or recognisance, by which a person binds himself to appear in court at a certain day. If one abandoned his bail, he was adjudged infamous, and his creditors were put in possession of his property by an edict of the praetor. 15. Aciem exercitus nostri. "The array of our army," i. e. our army drawn up in array against them." Edictum praetoris. “The mere edict of the praetor." Cicero ironically asserts, that they will be overcome by the mere sight of the praetor's decree, by which, in consequence of their non-attendance, their creditors had obtained judgment against them.-Concident. They will, to a man, fall prostrate to the ground." 1. Hos quos video, &c. These are thought to be the same 15 whom Sallust calls "filii familiarum.” (Cat. c. 43.)-Volitare in foro. 'Flitting about in the forum." i. e. seeking for loans of money which they may expend in their career of extravagance. > 5. Deinde singulis, &c. "Then I will apply to each the remedy of my advice and exhortation, if I shall be able in fact to offer any such," i. e. the remedy of my advice conveyed in the strongest and most persuasive language. Graevius conjectures rationis for AGAINST CATILINE. 183 Page. orationis, but Ernesti very satisfactorily defends the latter reading: 19 "Medicinam consilii atque orationis meae. i. e. Consilii oratione explicandi et ad animum admovendi.” 6. Magno in aere alieno, &c. "Although involved in great debt, have still greater possessions, influenced by the love of which, they can in no way be separated from them." Commentators differ in opinion respecting the meaning of dissolvi in this passage. Mu- retus explains it by liberari aere alieno, “be freed from their debts,' i. e. by the sale of their beloved possessions. This explanation is adopted, and sought to be elucidated, by Ernesti, but with little success. Scheller, on the other hand, condemns this mode of inter- preting the word in question, as not in accordance either with the context or the idiom of the Latin tongue. He makes dissolvi equivalent merely to separari. And in this he is undoubtedly cor- rect. Cicero means, that the individuals alluded to, although deeply involved in debt, and although owners of extensive possessions, are unwilling to sell the latter (be separated from them, be loosened from the ties that bind them to these objects) and in this way pay their debts. The following passage of Cicero will serve to confirm this explanation: he is speaking of this same class of persons: "Illud erat genus hominum horribile et pertimescendum, qui tanto omore suas possessiones amplexi tenebant, ut ab his membra divelli citius ac distrahi posse diceres." (Pro Sull. 20.) "" 7. Horum hominum, &c. "This in appearance is the most honourable class." Literally, "the appearance of this class of per- sons is the most honourable, i. e. they enjoy by their expensive mode of living, and their rank in society, no small degree of consideration in the eyes of the world. 8. Voluntas vero, &c. "Their intention, however, and the cause in which they have embarked, are most shameless in their char- "1 acter.' 9. Tu. The orator now apostrophizes one of this class.-Agris. "In landed property."-Argento. "In plate." Understand caelato. -Familia. "In a retinue of slaves." Familia here, as frequently elsewhere, denotes all the household servants of a master. 10. Detrahere. "To take away," i. e. to sell some portion of. This serves to explain the use of dissolvi in the passage which we have just been considering. Consult note 6.-Acquirere ad fidem. "To add to thy credit." The full expression would be, acquirere pecuniam ex venditis possessionibus ad fidem solven- dam." 11. Sacrosanctas. "Inviolate." 12. An tabulas novas. "Or an abolition of debts ?" By tabulae 184 THE SECOND ORATION Page. 19 novac is meant a compulsory arrangement by law, forcing the creditor either to accept a part of his debt, in full for the whole, or, as in the present case, to receive no part of the debt whatever. This latter measure Catiline had promised to adopt. (Sallust, Cat. 21.) The phrase refers, as far as regards its particular form, to the Ro- man mode of writing on tablets, (tabulae,) covered over with wax, the characters being marked on the wax by means of a stylus. Hence, when the old score was obliterated, and the wax smoothed over, the tablets were called novue, and were ready for a new score. "C -An entire abolition of debts was never granted to the people. At one time, however, by a law of Valerius Flaccus, a fourth part of the debt was allowed to be paid for the whole. (Sallust, Cul. 33.) 13. Meo beneficio, &c. "An abolition of debts shall be brought forward through my kindness, but it shall be the result of sales at auction." Literally, new tablets shall be brought forward, but they shall be auction-ones," i. e. auction-lists, containing an account of their property as offered for sale. Cicero means that their prop- erty, or a sufficient portion of it, will be exposed to sale, and their debts paid with the proceeds.-Ernesti objects to the presence of novae in the text, as not proper to be connected with auctionariae tabulae, remarking, "auctionariae tabulae nullo modo ac sensu novae dici possunt, ut opinor." He appears, however, to forget that Cicero is here indulging in a piece of pleasantry, or what may be denominated a species of pun. The tables, which he promises, are to be new, in another sense, and one for which they were not prepared. It is what the grammarians term an unexpected witti- cism, a “lusus παρὰ προσδοκίαν. "" 14. Quod si maturius facere voluissent. "Had they been willing to pursue this course sooner." Quod is here to be rendered by hoc, as it commences a clause. "" 15. Neque, (id quod stultissimum est,) &c. "And not, what is most foolish, struggle against heavy payments of interest by the rents and profits of their estates. Cicero means, that they ought to sell a portion of their landed property, and pay their debts at once, and not adopt the ruinous measure of paying the interest of the large sums they had borrowed with the produce of their estates. This latter course would keep them always poor. In other words, they must not let heavy mortgages eat up their estates. "We would find in them both 16. Et locupletioribus, &c. wealthier and better citizens.' They appear to Cicero more against their country, than to 17. Magis mihi videntur, &c. likely to entertain hostile sentiments carry out those sentiments into action. AGAINST CATILINE. 185 Page. r 18. Dominationem exspectant, &c. 'Hope for rule, wish to 19 become possessed of the management of affairs," i. e. to get the government in their hands and exercise unlimited authority. 1. Quibus hoc praecipiendum videtur. "To this class the fol- 20 lowing piece of warning seems proper to be given." Quibus to be rendered as his.—Quod ceteris omnibus. Supply praecipiendum est. 2. Ut desperent, &c. "To give over hoping that they can accomplish what they are endeavouring to effect." 3. Primum omnium me ipsum, &c. One MS. inserts sciant before me, but there is no need of this, as the clause depends on the general idea of warning implied in praecipiendum. 4. Magnos animos. "Great courage.”—Maximam multitudi- nem. Understand corum. There appears to be something wrong in this part of the sentence, since neither maximam multitudinem nor magnas copias militum can well be referred back to bonis viris. Schütz suggests the placing of a semicolon after concordiam, and the reading maximam equitum multitudinem, &c.,the Equites being numbered by Cicero among the safeguards of the republic in the fourth oration against Catiline, c. 7. 5. Tantam vim sceleris. "Such daring wickedness."-Prae- By their immediate interposition." Equivalent to sentes. praesenti auxilio praesentiam suam declarantes." the Greek ἐπιφανεῖς. Compare 6. Quae. "A state of things, which." Literally, "things which."-Consules se. We have altered the arrangement of these words with Lambinus. The common text has se consules. 7. Concedi necesse sit. The orator means, that, if the conspir- acy succeeded, the more active partisans would drive into the back- ground those who had merely aided them by their wishes, and not by their personal co-operation. 8. Est aetate jam affectum. "Is by this time somewhat advan- ced in years." Several MSS. and early editions have confectum, which is too strong. 9. Quas Sulla constituit. The common text has Fesulis inserted after quas, but it appears to have crept in from the 6th chapter of the third oration. It is altogether erroneous here, as Fesulae was only one of the places where Sylla had planted a mili- tary colony. Upon the conclusion of the civil contest between his own and the party of Marius, Sylla settled many of his officers and soldiers, in different parts of Italy, on lands which had belonged to the opposite faction. Not a few of these colonists soon squandered away their ill-gotten property, and hence were anxious for another civil war, in which to enrich themselves anew. CC " 16* 186 THE SECOND ORATION Page. 20 10. Quas ego universas, &c. "Which, taken collectively, I am well aware contain very excellent citizens and very brave men and yet these are some of the members of those colo- nies. who, amid the unexpected and sudden possession of wealth, have ostentatiously indulged in too expensive and extravagant a mode of living." More literally, have boasted themselves in too expen- sive and unusual a manner." 11. Tamquam beati. "As if they were possessed of opulence." Beatus frequently has the signification of dives in the Latin writers, especially in Horace, and the other poets. Compare the remark of Varro, L. L. 4, 17, "Beatus, qui mulla bona possidet." 12. Dum praediis, &c. "While they take delight in extensive domains, in litters, in large households of slaves, in sumptuous enter- tainments."-The leclica was a species of litter, or sedan, supported on the shoulders of slaves. The use of this conveyance is said to have come in from Bithynia. (Schol. ad Juv. 1, 121.)-Muretus, in place of lecticis, reads lectis, to be joined in construction with praediis; others propose latis. The change is altogether unnecessary. "Saved from ruin."--Sit excitandus: "Must be 13. Salvi. evoked." 14. Homines tenues atque egentes. "Indigent and needy men." 15. Spem rapinarum veterum. They hoped to see, under Catiline, a revival of those scenes of plunder and misrule which had prevailed during the ascendency of the party of Sylla.—In eodcm genere. "In one and the same class." 16. Proscriptiones et dictaturas. Cicero warns them to give up all hopes of ever seeing those scenes renewed which marked the career of Sylla, a proscription namely of the estates of all who had taken the opposite side, and a perpetual dictator and second Sylla appearing once more in the person of Catiline. 17. Tantus enim illorum temporum, &c. "For so deep a feeling of indignant grief, at the excesses of those times, has been burnt into the very state." The use of the verb inuro, in this passage, is beautifully figurative, and involves an allusion to the process of enamelling, or painting by means of fire, which serves to fix the colours. The ancients called it Encaustica, ¿ykavoтIKŮ). The horrors of the sanguinary period alluded to were burnt, in living colours, into the very soul of the state. 18. Ne pecudes quidem. "Not even the very beasts." Strongly figurative. Weiske offends in a very singular manner against good taste, in supposing, that the orator here refers to some incident during Sylla's proscriptions, where great barbarity was practised towards animals! AGAINST CATILINE. 187 Page. 19. Quartum genus est, &c. "The fourth class is varied, and 20 mixed, and turbulent in its character." Vurium alludes to the various causes which had reduced them to ruin; and turbulentum to their being no better than a mere noisy mob. 20. Qui jampridem premuntur, &c. "Who have long since been weighed down by ruin, who will never emerge from it." There is commonly supposed to be an ellipsis here of aere alieno, ("by debt,") but we have an allusion to debt immediately after. It is better to make malo, or some other equivalent term, understood. 21. Partim mule gerendo negotio. Partly through the ill- management of their private affairs." Negotio is here a general term for business or employment of any kind. Compare the remark of Dōring: "Male negotium gerere dicuntur, qui in rc fumiliari et domestica administranda negligentiores sunt." CL 22. In vetere aere alieno vacillant. Stagger under a load of long-contracted debts." 46 1. Vadimoniis, judiciis, &c. “Wearied out with the giving of bail, 21 with judgments, with confiscations of their property." The regular legal order of proceeding against debtors, in Rome, is here observed. The debtor is arrested and compelled to give bail for his appear- ance (vadimonium dare). The case comes on and judgment (judi- cium) is given against him. The creditor is put in possession of his property as security for the judgment rendered; and after he has thus held possession for thirty days the property is sold and the debt paid from it. " 2. Infitiatores lentos. Dilatory and lying debtors.' Infiliator means one who denies a just debt.-Lentos is here equivalent to tardos. Compare the explanation of Ern. Antonius: "Lentus de eo dici, qui non facile possit adigi ut solvat pecuniam debitam, docet Casaubonus. Infitiatores vocantur, qui, cum debeant pecuni- am, negant hoc tamen, nec volunt solvere.”—Schütz, without any necessity, recalls the old reading insidiatores, for infitiatores. 3. Primum. We have here an anacoluthon, as Muretus remarks, since, after primum, we have not deinde, as we would naturally expect to have.—Some editors recommend that corruant be changed to corruent, and primum joined with it in construction : primum corrucnt, "will be the first to fall;" but then the rest of the sen- tence comes in very tamely. 4. Si stare non possunt. Alluding to what has just preceded, "in vetere acre alieno vacillant.” "} 5. Si vivere honeste non possunt. "If they cannot live honoura- bly here," i. e. by reason of their debts. Compare the explanation of Manutius," in urbe, propter aes alienum, quo nunquam emergent.” 188 THE SECOND ORATION Page. 21 6. Non revoco. "Seek not to recall."-In latrocinio. "In their career of robbery." 7. Postremum autem, &c. "The last class, however, is so, in fact, as regards not only number," &c. Cicero uses the word pos- tremum in the first clause, as merely numerical, while in the latter part of the sentence it has the force of lowest, vilest, &c. This last class is the feeblest in number, and the vilest in character and mode of life. The full construction will be "postremum autem genus est postremum, non solum numero," &c. 8. Quod proprium est Catilinae. "These are Catiline's own." Literal! "this is Catiline's own," i. e. class. The language in the text reminds us of the modern form of expression, when speak- ing of a particular regiment or body of troops, "the king's own,” though, of course, in a very different sense. 9. De complexu ejus ac sinu. "Of his very embrace and bosom,” i. e. consisting of his most intimate friends, and the companions of his debauchery. The expression, "bosom-friend," is to be explained by the Roman custom of reclining at meals, already alluded to in a previous part of this commentary (note 14, page 16.) As the guests lay on the couch, the head of the second was in a line with the breast of the first, so that if he wanted to speak with him, especially if the thing was to be secret, he was obliged to lean upon his bosom, or, as Pliny expresses it, "in sinu recumbere." (Ep. 4, 22.) The same may be said of the third and second guests on the couch. Hence the figurative allusion of Cicero in the text. > 10. Bene barbatos. "Well supplied with downy beards." By this expression are to be understood the younger class of persons, who had already a tolerably-sized beard, which they were fond of displaying. Until A. U. C. 454, all the Romans wore beards, but from this period, which marks the time when P. Ticinius Menas first brought barbers (tonsores) from Sicily, they began to remove the hair from the chin. (Plin. H. N. 7, 59.—Varro, R. R. 2, 2.) The young, however, still retained their beards until they reached the age of twenty-one, (Macrob. in Somn. Scip. 1, 6,) sometimes merely until they assumed the toga virilis at the age of seventeen. And the day on which they first shaved was regarded as a festival by the members of the family. (Juv. 3, 186.) The first growth of the beard was consecrated to some god.-We see then from all this, that by bene barbati in the text are meant those of the young who had nearly reached the period of manhood, and were supplied with tolerably-sized beards, while by the imberbes are meant those who were as yet too young to have any. In other words, the bene barbati are they who have a long and curly down, the imberbes they AGAINST CATILINE. 189 Page. who either have none, or on whose chins it is just making its ap- 21 pearance. Hence, too, we see how erroneous it is to translate the words bene barbatos, as some do, "with beards nicely trimmed," or sprucely fashioned," since this would imply that they had been already partially subjected to the hands of the tonsor. 11. Manicatis et tularibus tunicis. "With tunics having long sleeves, and reaching to the ankles." Tunics of this kind were deemed effeminate by the Romans, and seemed better suited for women than men. The ordinary tunic had no sleeves, and came down a little below the knees before, and to the middle of the legs behind. Consult Aul. Gell. 7, 12, and compare Virg. Aen. 9, 616. -Catull. 2, 10.—Salmas. in Hist. Aug. 2, 556. 12. Velis amictos, non togis. "Covered with veils not with togas." The allusion is to togas made so full, and of so fine and transparent a texture, as to resemble veils wrapped around the << person. 13. Antelucanis coenis. "" Suppers protracted till the dawn.” 14. Seminarium Catilinarum. “A nursery of Catilines." Some read Catilinarium, but seminarium Catilinarium would rather sig- nify "a nursery established by Catiline." 15. Apenninum, &c. "The Apennine range, and the frost and snows they will find there." The student will note the force of illas. With Apenninum understand montem.-This oration was delivered on the sixth day before the ides of November, or the 8th of the month, 16. Nudi in conviviis, &c. Dancing itself was deemed dishon- ourable among the Romans, much more so the dancing in a state of nudity. Compare Or. pro Deiot. c. 9. 17. Magnopere pertimescendum. Ironical.-Hanc scortorum cohortem praetoriam. "This body-guard of infamous wretches." Among the Romans, the general was usually attended by a select band, called cohors praetoria. This differs essentially, however, from the praetorian cohort in the history of the empire. 18. Confecto et saucio. "Worn-out and wounded." The allu- sion is to Catiline. Compare note 6, page 11. 19. Illam naufragorum, &c. "That outcast and enfeebled band of men, shipwrecked in hope and fortune." More literally, "of shipwrecked wretches." Compare Or. 1, 12. 1. Jum vero, &c. "Nay, indeed, the Nay, indeed, the very cities of your colonies, 22 as well as your municipal towns, will prove a sufficient match for the rustic masses of Catiline." The true reading here is very much disputed. The common text has urbes coloniarum ac municipiorum respondebunt Catilinae tumulis silvestribus. For muncipiorum we THE SECOND ORATION 190 Page. 22 have given, on conjecture, municipia, and cumulis for tumulis. The expression urbes municipiorum is a manifest solecism, nor, in fact, is urbes coloniarum itself free from suspicion. Muretus conjectures vires, which makes a harsh alliteration with vero. Garaton gives arces. They who read tumulis silvestribus make the expression refer to the "woody heights," in which alone Catiline's adherents could find shelter. Our own reading cumulis, which is found in some MSS., is meant to apply to Catiline's forces as being composed in general of ill-armed rustics, and being, in fact, rude masses or heaps, as it were, of men rather than well-organized and disciplined troops. Compare Sallust's account of this same army. Cat. c. 56. 2. Ornamenta, praesidia vestra. "Your preparations, your defences." Ornamenta is here equivalent to apparatum bellicum. 3. Quibus nos suppeditamur, &c. "With which we are supplied, of which he stands in need." We have adopted suppeditamur, the reading of several MSS. and editions, instead of the common lection suppeditamus. They who give this latter form make it equivalent to abundamus, for which they have no good authority. 4. Vectigalibus. "Public revenues. "" 5. Contendere. "To compare." Equivalent to comparare or conferre. Thus we have, (pro Rosc. c. 33,) “Quidquid contra dixeris id cum defensione nostra contendito.' So also Horace, (Ep. 1, 10, 26,) " qui Sidonio contendere callidus ostro Nescit Aquinatem potantia vellera fucum." And again, Tacitus, (Ann. 13, 3,) "Vetera et praesentia contendere," and Aulus Gellius, (2, 23,) "Graeca comparare et contendere." 6. Petulantia. "Effrontery."-Stuprum. "Pollution." 7. Constantia. "Right reason. Compare the explanation of Er- nesti: "Est recta ratio ejusque usus, cui opponitur furor, in quo hom- ines capti mente sibi non constant.” (Clav. Cic. s. v.) So too in the oration pro Rosc. c. 14, the via constans is opposed to the amens. 8. Continentia. "Moderation.”—Libido. "Unbridled licen- tiousness."-Denique aequitas, &c. The four primary Platonic virtues are here enumerated, temperance, prudence, fortitude, and iustice, though in a different order. Compare Cic. de Off. 1, 5, and Stobaeus, Ecl. Eth. p. 166. The Greek names are σωφροσύνη, φρόνησις, (σοφία, νοῦς,) ἀνδρία, δικαιοσύνη. 9. Copiae. "Abundant resources." Compare de Inv. 2, 1, "Crotoniatae quum florerent omnibus copiis," and pro Rosc. Am. 15, "Copiis rei familiaris locupletes et pecuniosi." 10. Bona ratio cum perdita. Judgment with folly." With perdita supply ratione.—Bona denique spes, &c. grounded hope with utter despair.” “In fine, well- *C AGAINST CATILINE. 191 Page. 11. Hominum studia. "The zealous efforts of men." i. e. 22 their zealous co-operation in the cause of virtue. 12. Quemadmodum jam antea. The common text has diri after antea, which is erroneous, as he has nowhere before said so in the course of the oration. Ernesti and others consequently throw it out. 13. Urbi. The city collectively (urbs) is here opposed to the individual dwellings composing it (singula tecta.) The latter their respective possessors are to guard, the former will be watched over by the consul himself. The emendation of Graevius is therefore unnecessary, mihi et urbi. 14. Muncipesque vestri. "And the inhabitants of your muni- cipal towns." The municipes enjoyed different privileges. Some possessed all the rights of Roman citizens, except such as could not be obtained without residing at Rome. Others had only the right of serving in the Roman legion. 15. De hac nocturna excursione. Referring to the departure of Catiline on the previous night. 16. Quamquam meliore animo sunt, &c. Although they are, in fact, better disposed towards the state than a part of the patri- cians, still will be kept in check by our power." The very gladi- ators, according to Cicero, are better affected than some of the nobility. Still no unguarded reliance will be placed even upon these, but, in order to ensure perfect safety, they will, even if em- ployed in the service of the state on this occasion, be subjected themselves to strict watching and control. Ernesti thinks that the reading should be Quamquam non meliore animo sunt, the negative being required in his opinion by the presence of tamen in the latter clause of the sentence. From the explanation we have given it will clearly appear that the emendation is unnecessary. The gladi- ators were distributed by Cicero throughout the municipal towns. (Sall. Cat. 30.) 17. Q. Metellus. Mentioned already in the 3d chapter. Consult Historical Index.—Agrum Gallicanum Picenumque. Consult Ge- ographical Index. CC 18. Aut opprimet hominem. "Will either crush the man. Hominem refers to Catiline, and is purposely used, instead of virum, to denote contempt.-Prohibebit. "Will frustrate." 19. Reliquis autem de rebus, &c. "While as regards the determining upon, the expediting, the performing of what remains to be done, we are now going to consult the senate, which you see is in the act of being summoned." The senators were seen passing along, at the time, to their place of meeting. " 192 THE SECOND ORATION Page. 23 1. Nunc illos. Now, as far as concerns those." Supply quod ad or something equivalent. The eos after monitos has been restored to the text by Beck, from several MSS. and editions. It is added in order to give greater force to the clause. Consult the remarks of Manutius, ad Epist. Fam. 13, 28. It is not inserted in the edition of Ernesti, and he is quite silent about it. 2. Atque adeo. "Or rather." Equivalent to sive potius. Con- sult Ernesti, Clav. Cic. s. v. atque. 3. Monitos eos, &c. "I wish them again and again to be re- minded." Consult note 1. 4. Solutior. "Too remiss." i. e. to savour too much of remiss- ness.-Hoc exspectavit. "It has had this in view." i. e. it has been only waiting for this.-Erumperet. Might burst forth into open day." 5. Quod reliquum est. "As to what remains."-Jam non, &c. "I can no longer forget," &c. "C 6. Qui se commoverit. "Who shall make the least stir." Cujus. "On whose part."-Factum. "Any open act.”—Sentiet. "Shall feel." 7. Magistratus. Referring to the inferior magistrates, but espe- cially to the tribunes.-Fortem senatum. "A resolute senate." Majores nostri. According to Livy, the first Roman prison was built by Ancus Martius. (1, 33.) It was afterward enlarged by Servius Tullius. Compare Sallust, Cat. 55. 8. Me uno togato, &c. "By me your only leader and commander arrayed in the robe of peace." When the consuls set out on any military expedition, they changed their gowns or togas, for the robe of war, or sagum. This conspiracy, however, Cicero promises, shall be quelled whilst he wears the garb of peace. 9. Deduxerit. This is undoubtedly the true reading, as given by Schütz and others, instead of the common lection deduxerint. It is advocated also by Goerenz, ad Cic. Acad. 2, 1. The rule appears to be as follows: "When several nouns are employed for the purpose of expressing one and the same idea the verb should be put in the singular number." Or, as Goerenz expresses it," Plura substantiva, ad unam velut notionem juncta, simplici verbi numero comprehenduntur." Instances of the application of this rule would be more frequent in the ancient writers, were it not for the ill-judged corrections of editors. 10. Significationibus. "Declarations." Equivalent to ominibus, or prodigiis. Broukhusius (ad Tibull. 2, 1, 10) shows, that signi- ficatio and significare are terms borrowed from the language of divination, and peculiar to the haruspices, &c. Compare the words AGAINST CATILINE. 193 Page. 23 of Cicero, (de Harusp. resp. 12,)" Quod igitur ex aliquo monstro significatum caveremus," &c., and those of Ovid, (Met. 15, 576,) “ Quid sibi significent, trepidantia consulit cxta.” 11. Ab externo hoste. The common reading is extero. We have given externo with Ernesti, who remarks, " Hostis exterus nemo dixit, at nationes exterae, regna extera, recte dicuntur.”—The allu- sion in externo hoste appears to be particularly to Mithridates. 12. Praesentes. "As present deities."-Suo numine. "By their express interposition." "And these."-Omnibus 13. Quos. Equivalent to Et hos. hostium copiis, &c. "Now that all," &c.-A nefario scelere. *From the execrable wickedness." ·· 17 $ THIRD ORATION AGAINST CATILINE. Page. 25 1. M. TULLII CICERONIS, &c. "Third Oration of Marcus Tullius Cicero against Lucius Catiline, delivered before the Roman people."-Catiline having joined the army of Manlius, the conspira- tors who remained at Rome, consisting of Lentulus, then praetor, Cethegus, and others, prepared to execute the instructions which had been given them. It happened that the Allobroges, a Gallic nation, had some envoys, at this period, in the capital, sent thither to complain of, and obtain redress for, injuries inflicted by Roman commanders. Lentulus tampered with these ambassadors, and solicited them to join the conspiracy, but they revealed to Q. Fabius Sanga the overtures which had been made to them. The letters written to the senate and people of the Allobroges, and to Catiline himself, by the conspirators, were, by a subsequent arrangement of Cicero's, intercepted, and the writers apprehended. They were afterward confronted with the Gallic delegation before the senate, and committed to safe custody. Cicero then assembled the Roman people, and, in the following oration, apprizes them of the occurrences which had taken place during the twenty-four days that had intervened since the delivery of his last speech, particularly those of the last day and night. He invites them to join in celebrating a thanksgiving, which had been decreed by the senate to his honour, for the preservation of his country, and congratulates them on their escape from so dire a calamity as had nearly befallen them. 2., Bona, fortunas. "Your property, your fortunes." By bona are here meant possessions, by fortunae personal property. 3. Hoc domicilium, &c. "This dwelling-place of a most illus- trious empire." Compare the language of Nepos, (Attic. 3,) " Quod in ca potissimum urbe natus est, in qua domicilium orbis terrarum esset imperii." 194 THIRD ORATION AGAINST CATILINE. 195 Pagė 4. Hodierno die. On the day when this oration was delivered, 25 the disclosures of the Allobroges had been made in the Roman senate, and the conspirators implicated by them consigned to cus- tody. 5. Et, si, &c. Et is here more of an inceptive than a connective particle. Compare Terence, Phorm. 1, 3, 19, and the remark of Donatus, (ad loc.,) "Et modo non connexiva, sed inceptativa par- ticula est." 6. Ilustres. "Memorable."-Salutis laetitia. "The joy at- tendant upon deliverance." "Without consciousness."-Cum voluptate. 7. Sine sensu. "With positive pleasure." 8. Illum. After the words urbem condidit, the common text has Romulum inserted, which we have thrown out as a mere gloss. It is not found in several of the best MSS., and is rejected by Manu- tius and Graevius. (C 9. Benevolentia famaque. By our grateful feelings, and the voice of tradition," i. e. our grateful forefathers deified him, and we their descendants, equally grateful, have confirmed the voice of tradition. 10. Is. Alluding to himself.—We have a double comparison: one between the days on which we are born, and those on which we are preserved from danger; and the other between Romulus, the founder of Rome, and Cicero its preserver. 11. Templis, delubris. Its temples, its shrines." Templum is properly the whole edifice: delubrum, the place where the statue is erected. Compare the words of Noltenius, (Lex. Antibarb. vol. 1, p. 901, :) "Delubrum' proprie est aedicula, in qua stat dei cujus- dam simulacrum. Templum vero est aedificium Deo sacratum. Ita delubrum est parvum templum, vel pars templi: ut Capitolium fuit templum in quo tria delubra communi pariete claudebantur, Jovis, Junonis, et Minervae." 12. Quae quoniam, &c. "And since these things have been made manifest, laid open to view, fully ascertained, in the senate, through my means, I will now proceed, Romans, to unfold them briefly to you." The expressions illustrata, patefacta, comperta sunt, form what is called an inverted gradation; for Cicero first ascertained the deadly designs of the conspirators, then laid them open to the view of the senate, and by this means rendered them perfectly apparent and clear. 13. Quam manifesta. "How palpable."-Investigata et com- prehensa sint. "They have been tracked out and completely detected." 196 THE THIRD ORATION Page. 25 14. Ex actis. "From what has been done," i. e. on the part of the senate, as about to be related by me. Considerable doubt exists with regard to the true reading here. The MSS. vary, some giving et exspectatis in place of ex actis. We have adopted the latter, however, with all the early editions, and as approved of and received by Ernesti. Weiske also regards ex actis as the true lec- tion, but he alters the punctuation, placing a comma after actis, and removing the one before ex, so that ignoratis ex actis will be joined in construction, "you, who have not the means of ascertaining the facts, by reference to the senate's recorded proceedings." 15. Ut. Ever since." Twenty-four days had elapsed since Catiline's departure. 26 1. Cum ejiciebam. "When I was seeking to drive out." The student will note the force of the imperfect.-Hujus verbi invidiam. "The odium attendant upon this word," i. e. the odium into which I may fall with some, for openly avowing that I wished "to drive him out" from Rome. 2. Illa. Understand invidia, and render the clause as follows: "Since that other is the more to be dreaded by me, because he has gone forth alive," i. e. since I deserve more censure, I am afraid, for not having arrested and punished Catiline on the spot. 3. Exterminari. "To be expelled from Rome." More literally, "from our borders." Compare, as regards the meaning of this verb, Phil. 13, 1: "Hunc ex finibus humanac naturae exterminandum puto," and N. D. 1, 23: " Protagoras Atheniensium jussu urbe atque agro exterminatus est." • · 4. At ego. The common text has Atque ego, which we have changed to ai ego, as required by the sense, and as found in one of his MSS. by Graevius. Ernesti also considers at ego preferable, though he retains the common reading.-Ut vidi. "When I saw." 5. Quid agerent, quid molirentur. "What they were doing. what they were planning." 6. Rem ita comprehenderem. "I might get possession of the whole affair so clearly." 7. Ut comperi. "When I ascertained."-He received his informa- tion from Fabius Sanga, to whom the ambassadors of the Allobroges had communicated it.-Legaios Allobrogum. It appears from Sallust (Cut. 40) that these ambassadors had come to Rome to complain of the oppression and exactions of their governors, which had brought upon them a heavy burden of debt.-As regards tho Allobroges, consult Geographical Index. 8. Belli Transalpini. "Of a war beyond the Alps," i. e. in Transalpine, or Farther Gaul. The country which was afterward AGAINST CATILINE. 197 Page. the scene of Julius Caesar's operations.-Et tumultus Gallici. 26 “And also of a Gallic tumult," i. e. in Cisalpine Gaul, or Gaul lying to the south of the Alps.-The Romans meant by tumultus any sudden and dangerous war, when the enemy were near at hand, and the safety of the capital at stake. Strictly speaking, this involved only two cases, a war in Italy, or one with the Gauls, their immediate neighbours. Compare Phil. 8, 1: Majores nostri tumultum Italicum, quod erat domesticus, tumultum Gallicum, quod erat Italiae finitimus, praeterea nullum tumultum nomina- bant." A tumult was regarded as of far more threatening character than a war, and, therefore, when one occurred, no excuses from serving were allowed to be valid. 9. A P. Lentulo. He employed as his agent, in sounding the Allobroges, one P. Umbrenus, before he met them in person. (Sall. Cat. 48.) W CC 10. Eodemque itinere. The ambassadors intended to return home through Etruria, and of course would ineet with Catiline, who was with Manlius near Fesulae. (in Cat. 1, 2.) 11. Cum literis mandatisque. "With letters and instructions." -Vulturcium. Sallust calls him P. Vulturcius, and makes him to have been an inhabitant of Crotona. (Cut. 44.) 12. Optabam. Ernesti thinks optaram preferable. But optabam must be retained, as it expresses the action going on at the time specified, "I was accustomed to hope." 13. L. Flaccum, et C. Pomtinum. Consult Historical Index. 14. Qui omnia, &c. "Inasmuch as they entertained every noble and exalted sentiment respecting their country." The rela- tive pronoun is joined to the subjunctive mood, when the relative clause expresses the reason, or cause, of the action, state, or event. 15. Cum advesperasceret. "When it was beginning to draw towards evening." This is not an impersonal verb, but a verb used impersonally. The nominative, in fact, is dies, which is understood. Compare Tacitus, Hist. 2, 49, 3:" Vesperascente die, sitim haustu gelidae aquae sedavit," and Cornelius Nepos, 16, 3, 5: "Ut, ves- perascente coelo, Thebas possent pervenire." 16. Pontem Mulvium. Now Ponte Molle, one of the bridges over the Tiber, about three miles from Rome. It was built by M. Aemilius Scaurus, from a corruption of whose nomen (Aemilius) the appellation of Mulvius is thought to have originated. At this bridge commenced the Via Flaminia, which led from Rome to Ariminum. Compare Aurel. Vict. de Vir. Ill. c. 72, and Arntze- nius ad loc. 17. Bipartito. The common text has bipartiti which is not a 17* 198 THE THIRD ORATION Page. 26 Latin word, although bipartiri is inadvertently admitted into some dictionaries. 27 1. Ex praefectura Reatina. "From the pracfecture of Reate," Praefecturae were those cities and territories in the Roman jurisdic- tion, which had neither magistrates nor laws of their own, but were governed by a Roman practor, or, in his stead, by a praefectus. They did not enjoy the rights either of free towns or colonies, but differed little from the form of provinces. Their private rights depended on the edicts of the practor or praefect, and their public rights on the senate, who inposed on them taxes and service in war at pleasure. Some praefecturae, however, possessed greater privi- leges than others. Towns were commonly reduced to this form, which had been ungrateful to the Romans, as for example Capua, after the second Punic war. With regard to Reate, consult Geo- graphical Index. 2. Tertia fere vigilia exacta. "Nearly at the close of the third watch," i. e. near three o'clock in the morning. The Romans divided the night into four watches of three hours cach, commencing at six o'clock in the evening. The third watch, therefore, would be from twelve to three. 3. Magno comitatu. "With a large retinue." We have rejected cum with Ernesti and others. Matthiae, however, adduces, in its support, pro. Mil. 10, 28. Compare Drakenborch, ad Liv. 1, 14, 7. 4. Interventu. "On the intervention."-Integris signis. "With the seals unbroken." Letters, among the Romans, were tied round with a string, the knot of which was sealed. The seal was generally a head of the letter-writer, or of some one of his ancestors, impressed on wax or chalk. Hence the phrases for "to open a letter,” are incidere linum, vinculum solvere, epistolam solvere. 5. Ipsi. "The persons themselves composing it." i. e. the retinue, including of course the ambassadors themselves who had been thus escorted, 6. Cum jam dilucesceret. "When it was now beginning to be dawn." Compare note 15, page 26, and Palairet's Latin Ellipses, p. 60, ed. Barker. 7. Improbissimum machinatorem. "That most infamous con- triver."- Cimbrum Gabinium. Consult Historical Index. 8. Lentulus. He was then praetor, and a man of slothful and luxurious habits. Consult Historical Index. 9. Credo quod litteris dandis, &c. I suppose, because he had been up late the previous night, contrary to his usual custom, for the AGAINST CATILINE. 199 * Page. purpose of giving the letters," i. e. for the purpose of making out 27 and delivering the despatches." Literally, "in giving the letters." By proxima nocte is ineant the night which had just gone by, and on the morning after which the arrest took place. 10. Practer eonsuetudincm. Cicero speaks, in the seventh chapter of this oration, of the somnum Lentuli, the drowsiness of Lentulus." 11. Deferri. The common text has referri, which is erroneous. There was no formal reference, but the letters were merely to be laid before the senate. Their opinion respecting them would be asked in a subsequent stage of the proceedings. 12. Si nihil esset inventum. Understand in illis, referring to the letters.-Tantus tumultus. "So great alarm."-Negavi me esse facturum, &c. With facturum supply ita. "I declared that I would not act in such a way as not to lay," &c. ; i. e. I expressed my firm determination of laying, &c. 13. Quae erant ad me delata. to me."—Reperta non essent. ters."-Nimiam diligentiam. "Which had been communicated "Had not been found in the let- "That any excess of vigilance," i. e. the blame of having been over-vigilant. 14. Coēgi. The senate was convened on this occasion in the temple of Concord. (Sall. Cat. 46.) This building was situate on the lower slope (in radicibus) of the Capitoline hill, overlooking the forum, and was a place of great security from its natural situa- tion. The Equites, moreover, stood guard around it. This temple of Concord had been erected by the consul Opimius, after the death of Caius Gracchus. (Plut. C. Gracch. 17.) 15. Si quid telorum esset. "Whatever weapons might be there," i. e. might be found there on searching the building. 16. Fidem ci publicam dedi. I pledged unto him the public. faith for his safety," i. e. I assured him of impunity in the name of the senate and the people.-Ea quae sciret. "All that he knew," 17. Recreasset. Gruter and some other early editors prefer recepisset, which occurs in one of the MSS. of Muretus. The present reading, however, is more forcible. Recreare se is "to regain courage,” recipere se merely "to recover one's self," 18. Mandata et litteras. "A verbal message and a letter." 1. Uteretur. “Should avail himself." As regards the circum- 28 stance here mentioned, compare the language of Sallust: "Ad hoc mandata verbis dat: Quum ab senatu hostis judicatus sit, quo consilio servitia repudiet? in urbe parata esse quae jusserit; ne cunctetur ipse propius accedere." (Cat. 44.) 2. Id autem. Supply faceret.-Omnibus ex partibus. Accord 200 THE THIRD ORATION Page. 28 ing to Sallust, (Cat. 43,) the city was to be fired in twelve different quarters at the same time. Plutarch, however, states, that the conspirators had divided Rome into a hundred parts, and selected the same number of men, to each of whom was allotted his quarter to be set on fire. Others were to intercept the water and kill all that went to seek it. (Vit. Cic. c. 18.) 3. Praesto esset ille. "He might be near at hand." Referring to Catiline.—Qui et fugientes exciperet. Both to intercept those who fled," i. e. from the city. Excipere is here borrowed from the movements of the chase, and is beautifully figurative. Compare the Greek ἐκδέχεσθαι. 66 4. Jusjurandum. This was in writing, and had the seals and signatures of the leading conspirators annexed. (Sall. Cal. 44.) 5. L. Cassio. Competitor with Cicero for the consulship.- As regards the proper names mentioned in this sentence, consult Historical Index. 6. Pedestres sibi copias, &c. "That foot-forces would not be wanting to them," i. e. that they would be joined, when they had crossed the Alps, by a sufficient number of infantry. 27 7. Sibi confirmasse, &c. "Had assured them, that, in accord- ance with the Sibylline predictions, and the answers of the diviners, he was that third member of the Cornelian line, unto whom it was fated for the sovereignty of this city and the whole empire to come. The Sibylline prediction alluded to was as follows, that "CCC would reign at Rome." These three capitals were thought to denote three Cornelii. As regards the Sibylline oracles, consult Historical Index, s. v. Sibyl.-The aruspices examined the entrails of the victims, and from the appearance of these as well as from the flame, smoke, and other circumstances, pretended to draw omens of what was to happen. Roman divination was of Etrurian origin. 8. Tcrtium illum Cornelium. The pronoun illum has here the force of the Greek article.-The full name of Lentulus was Publius Cornelius Lentulus Sura. By his nomen therefore he belonged to the gens Cornelia, the Cornelian line, clan, or house.-There appears to have been no affinity between the different members of a Roman house or gens. It bore this latter name only from its union. The Cornelii, as a gens, had common religious rites; but we are not, on that account, to assume that an original kindred existed between, for example, the Scipios and the Syllas. the Athenian constitution confirms this opinion. Hist. vol. 1, p. 270 and 267, Cambridge transl. The analogy of Niebuhr, Rom. 9. Cinnam ante se cl Sullam fuisse. Both Cinna and Sylla were Cornelii. Consult Historical Index, and compare the words. AGAINST CATILINE. 201 · Page. of Plutarch, (Vit. Cic. 17,) είμαρμένους εἶναι τῇ Ῥώμῃ τρεῖς τυράννους, 28 ὧν δύο μὲν ἤδη πεπληξωκέναι τὸ χρέων, Κίνναν τε καὶ Σούλλαν, τρίτῳ δὲ λοιπῷ Κορνηλίῳ ἐκείνῳ. Consult also Sallust, (Cat. 47.) 10. Fatalem esse. "Was fated." Compare Tibullus, (1, 3, -Qui esset. " 53,) Quodsi fatales jam nunc explevimus annos. "Since it was." Compare note 14, page 26. 11. Post Virginum absolutionem. The names of the two Ves- tal virgins here alluded to were Marcia and Licinia. They were accused of having violated the vow by which the members of this order were bound to perpetual chastity, which in the case of Vestals was called incestus, or unhallowed intercourse. The whole matter is clearly set forth in the following comment of Asconius on the oration for Milo, (c. 12, § 32,) which Weiske first adduced in illus- tration of this passage: "Ob severitatem (quam Cassius in judicio ostenderat) quo tempore Sex. Perducaeus, tribunus plebis, criminatus est L. Metellum, pontificem maximum, totumque collegium pontifis- cum male judicasse de incestu virginum vestalium, quod unam modo Aemiliam damnaverat, absolverat autem duas, Marciam et Liciniam, populus hunc Cassium creavit, qui de eisdem virginibus quaererct: isque et utrasque illas et praeterea complures alias, nimia, ut cxistimatio est, asperitate usus, dumnavit.” 12. Post Capitolii autem incensionem. The burning of the capitol here alluded to, took place A. U. C. 670, in the consulship of L. Scipio and C. Norbanus. The building had stood 415 years. (Sigon. Fast. Cons. p. 438, ed Oxon.) The conflagration was owing to the carelessness of the keepers, and was supposed to portend some great evil. The Roman capitol was burnt three several times. First, A. U. C. 670, when it was rebuilt by Sylla, and dedicated by Catulus, (A. U. C. 675.) A second time, A. D. 70, by the soldiers of Vitellius, when it was rebuilt by Vespasian; and a third time, at the death of the latter. It was restored by Domitian, his son, with greater magnificence than ever. 13. Saturnalibus. During the Saturnalia." The Saturnalia or festival of Saturn, was the most celebrated in the Roman Calen dar. It took place in the month of December, beginning on the 17th and lasting for several days. At first it was for one day, after- ward for three, (which was the case in Cicero's time,) and by the order of Caligula for five days. During its continuance, all orders were devoted to mirth and feasting, friends sent presents to one another, and the slaves were entertained, and even waited upon by their masters. All this was done in commemoration, and as em- blematic, of the golden age, when men were perfectly equal, and no slavery as yet existed. The license allowed at this festival seemed 66 202 THE THIRD ORATION Page. 28 to the conspirators to afford a favourable opportunity for executing their murderous design. 14. Videri. The construction is here slightly changed, which is not unusual in Cicero. Compare Cat. 4, 3. Some editions have videretur, to which Ernesti inclines. But the emendation is unne- cessary. 15. Ne longum sit. "Not to be tedious."-Tabellas. "The letters." The term tabellae refers to the peculiar form and nature of these letters, they being written on "tablets" covered with wax. Compare note 4, page 27. 16. Signum. "His seal."-Cognovit. "He acknowledged it to be his."-Nos linum incidimus. "We cut the string," i. e. open the letter. Compare note 4, page 27. 17. Quae eorum legatis confirmasset. "What he had assured their ambassadors he would."--Recepissent. "Had taken upon themselves to promise." 18. Tamen. We have recalled this particle with Beck, Döring, and Schütz, as required by the context. It is omitted by Ernesti. 19. Bonorum ferramentorum studiosum. "Fond of good arms." Ferramentum is properly any instrument of iron, a rod, tool, &c. The use of the term, on this occasion, by Cethegus, may have been intended as a species of witticism, paltry enough it must be con- fessed, for the purpose of hiding his agitation and assuming an air of composure. 20. Recitatis litteris, &c. "When the letter had been read, dispirited and confounded, convicted by the force of conscience, became all of a sudden silent." 21. Cognovit signum et manum suam. "Acknowledged his seal and hand-writing.”—Tabellao. "His letter."-Sententiam. Purport."-Confessus est. "He confessed that it was his." "L Annuit. vero. 22. Cognosceretne signum. "Whether he knew the seal ?"- "He made a sign with his head in the affirmative."—Est It is, indeed." Vero is here equivalent to sane, or profecto. 23. Clarissimi viri. The grandfather of Lentulus, here alluded to, had been princeps senatus in his day, and had also received a wound, while combating on the side of the patricians against the followers of Caius Gracchus. 24. Unice. Dearly," i. e. as the one sole object of all his affections. Etiam muta. "Even though mute." 29 1. Leguntur, eadem ratione, &c. "The letter itself, which was addressed to the senate and people of the Allobroges, and of the same tenor with the other two, is then read." 2. Negavit. "Declined the offer." Equivalent to negavit se "" << " 9. Non campus. Cicero had appeared in the Campus Martius, during the consular election, when Silanus and Murena were chosen, with a coat of mail under his robe, to guard against the risk of assassination from Catiline. (Plut. Vit. Cic. c. 14.) 10. Consularibus auspiciis consecratus. At the comitia cen- turiata, the auspices were always first taken before they proceeded to the election of the consuls and the higher magistrates. Hence the Campus Martius is said to be "hallowed" by the "consular auspices" taken in it. 11. Summum auxilium. "The chief refuge." 12. Non domus, commune perfugium. "Not my own home, a man's common asylum." According to the principles of the Roman law, it was unlawful to enter any man's dwelling for the purpose of forcing him to court, because his house was esteemed his sanctuary. But if any one lurked at home to elude a prosecu- tion, he was summoned three times, with an interval of ten days between each summons, by the voice of a herald, or by letters, or by the edict of the praetor, and if still he did not appear, the prose- cutor was put in possession of his effects. (Heinecc. Antiq. Rom. 4, 6, 16, p. 671, ed. Haubold.) As regards the sanctity of a man's home, compare the eloquent language of Cicero, (pro. Dom. c. 41,) Quid est sanctius, quid omni religione munitius, quam domus uniuscujusque civium? hic arae sunt, hic foci, hic dei Penates, hic sacra, religiones, caerimoniae continentur, hoc perfugium est ita sanctum omnibus, ut inde abripi neminem fas sit." 13. Non lectus. Alluding to the attempt made to assassinate him 220 THE FOURTH ORATION Page. 37 at his own home, early in the morning, and before he had yet risen. Compare Sallust, Cat. c. 28, and Or. in Cat. 1, 4. 14. Haec sedes honoris. After these words follow sella curulis, which, though found in all MSS. are nevertheless rejected with great propriety by Ernesti, as a mere gloss. Neither is it a very correct interpretation itself of the expression haec sedes honoris, since by this latter is meant not so much the curule chair, as the place in the senate where he sat as consul, and which was some- what elevated above the other seats. 38 15. Multa tacui. Muretus very correctly supposes, that this prudent silence, on Cicero's part, might be dictated by the suspi- cion, that many persons of rank, such as Caesar and Crassus, for example, were implicated in the conspiracy. 16. In vestro timore. "In the midst of alarm on your part,' i. e. whilst your alarm prevailed. Lipsius (V. L. 3, 22) conjec- tures," sine vestro timore," of which Heumannus approves. 17. Miserrima. We have given this, on the authority of some MSS.; in place of the common reading misera. The emendation is approved of by Goerenz, ad Cic. de fin. 1, 4. 18. Ex acerbissima vexatione. "From the most cruel outrages." Compare note 11, page 25. "Whatever lot." —Templa atque delubra. 1. Quaecunque fortuna. 2. Inductus a vatibus. interpretation of the aruspices. "} Referring to the Sibylline books and the Compare Or. in Cal. 3, 4. 3. Fatale. "Fated." The fated name was Cornelius, which was the nomen of Lentulus, his full appellation being Publius Cor- nelius Lentulus Sura. Consult note 7, page 28. "Provide for the welfare of your coun- 4. Prospicite patriae. try." 5. Omnes deos, &c. Every city, in ancient times, had its peculiar deity or deities, who presided over it, and under whose special protection it was considered to be. Hence, when a town was besieged, and on the point, of being taken, the besiegers always used to call out (evocare) in solemn form the god or gods who exer- cised a guardianship over it, while the besieged, on their part, in order to prevent this, were wont to chain the statue or statues to the pedestal. (Consult Macrobius, Sat. 3, 9.) 6. Pro eo mihi, &c. "Will reward me according to my deserts." In point of Latinity, ut would be better here than ac, and perhaps we ought to read so. 7. Si quid obtigerit. "If any thing adverse shall befall me." An euphemism, for si moriar. The preposition ob here denotes literally, "against," and the strict meaning of the phrase is, "if AGAINST CATILINE. 221 Page. *C any thing shall happen against, or adverse to, my wishes." Com- 38 pare Plautus, Menaechm. 5, 5, 1, Aedepol nae hic mihi dies pervorsus atque adversus obtigit."-Ernesti regards obtigerit, in the text, as of doubtful authority, the more usual form being acciderit. But our explanation of obtigerit is a sufficient answer to the objec- tion, and besides all the MSS. give this latter form. 8. Neque enim, &c. Death can bring with it no disgrace to a brave man, since even in death he will find only additional glory. Some, on the authority of Quintilian, (6, 3, 109,) read gravis instead of turpis, but it is too general an epithet. 9. Neque immatura consulari. "Nor a premature one to a man who has been gifted with the office of consul." The consulship was the highest of all the offices in the gift of the people, and hence one, who enjoyed it, might be said to descend to the grave ripe in public honours. 10. Sapienti. "To one acquainted with the lessons of philoso- phy," i. e. those lessons which teach us to regard death as the road merely to a better and happier land. This idea is beautifully fol- lowed out in the first book of the Tusculan disputations. 11. Ille ferreus qui. "So iron-hearted as," i. e. with a heart so steeled against every gentle emotion. Ille is here used for talis or ejusmodi, which is more commonly the case with the pronoun is. 12. Fratris. His brother Quintus.-Amantissimi. affectionate." "Most 13. Circumsessum. The reference here is to some of the Equites, and other friends of Cicero, who stood around his chair, and in fact encompassed the whole senate both within the temple as well as without, for the sake of their personal safety while debating on the punishment of the conspirators. 14. Exanimata uzor. "My wife half dead with terror." The allusion is to Terentia, whom he subsequently divorced for infidelity during his banishment, and who married the historian Sallust. 15. Abjecta metu filia. "My daughter dismayed by fearful apprehensions." Alluding to Tullia. 16. Parvulus filius. Marcus Cicero, then two years old. He was born in the consulship of Cotta and Torquatus. (Ep. ad. Att. 1, 3.) 17. Amplecli. "To hold in its arms." The term is beautifully applied to the case of a young child, and is used for the common tenere.-Tamquam obsidem, &c. "As the pledge of my consul- ship," i. e. as a pledge, that I will do every thing in my power for preserving the public safety, if not on my own, yet on my son's account. 19* 222 THE FOURTH ORATION Page. 38 18. Gener. C. Calpurnius Piso. He had been united to Tullia two years before, and was the first of three husbands whom she married. 19. Moveor his rebus omnibus, &c. "I am moved by all these things, but it is to this effect merely, that they whom I have men- tioned may all be saved along with you, even though some act of violence may have crushed me," &c. 20. Incumbite. "Bend all your energies."-Circumspicite. "Look around and behold." 21. Non Tib. Gracchus, &c, "It is no Tiberius Gracchus, who has wished to become a second time tribune of the commons: no Caius Gracchus, who has endeavoured to excite the partisans of his Agrarian law no Lucius Saturninus, who has slain a Caius Memmius, that is now exposed to the risk of a prosecution, and to the sentence which you in your just severity may inflict.”—For an account of the individuals here alluded to consult Historical Index. 22. Tenentur ii. (( They are held in custody."-Tenentur litterae, &c. "Their letters, their seals, &c., are in our posses- sion." 23. Sollicitantur Allobroges, &c. "The Allobroges are tam- pered with, our very slaves are excited to insurrection." 39 1. Rei confessi sunt. "The accused have themselves confess- ed."-Vos multis, &c. "You yourselves have already decided upon by many expressions of opinion." We have adopted indiciis, the reading of Badius, and which is approved of by Bynkershoek, (Obs. Jur. Rom. 1, 6,) and Vonk, (Lect. Lat. 1, 7.) The common text has judiciis, referring to the "determinations" of the senate on the several occasions enumerated immediately after. But Cicero had too nice an ear to say judiciis judicastis. 2. Singularibus verbis. "In language singularly honourable.” Alluding to the supplicatio decreed in his name, Quod urbem incendiis, caede cives, Italiam bello liberasset.” (In Cat. 3, 6.) 3. Mea virtute atque diligentia. "By my public spirit and vigilance." .. 4. Deinde quod P. Lentulum, &c. A very dangerous assump- tion of authority on the part of the senate, and only to be resorted to in extreme cases like the present. 5. De quibus judicastis. "On whose cases you have pro- nounced an opinion." 6. Togato. Consult note 15, page 30. "Eos 7. Damnati esse videantur. Compare Sallust, (Cat. 50,) paulo ante frequens senatus judicanerat contra rempublicam fecisse.” 8. Sed ego institui, &c. I have resolved, however, Conscript AGAINST CATILINE. 223 Page. Fathers, as if the matter were still untouched, to consult you 39 in relation both to the affair itself, what you may determine respecting it, and the punishment to be inflicted, what you may think that ought to be.' 9. Illa praedicam, quae sunt consulis. "But before I do this, I will state what it is the duty of a consul to mention." The student will observe the force of prae in composition with dico. 10. Versari. To be prevalent."-Et nova quaedam, &c. "And that certain evils, before unknown, were aroused and called into action." He alludes to the prevalence of disaffection, and the introduction of principles of insubordination hostile to the well-being of the state. 11. Quocumque vestrae mentes inclinant, &c. Ernesti thinks that quocumque is here put for quo, and that for inclinant we ought to read inclinent. It is much simpler, however, to consider the words quocumque vestrae, &c. as merely explanatory of quidquid est, and requiring of course the indicative inclinant. 12. Statuendum vobis ante noctem est. Both because no decree of the senate was legal if pronounced before sunrise or after sunset, (Aul. Gell. 14, 7,) and because the risk was also greater of a forcible rescue, or of an escape of the prisoners, by night than by day. 13. Huic si paucos, &c. "If you imagine that only a few are implicated in this." For other instances of affinis with the dative, compare Or. pro Cluent. 45, "affinis turpitudini ;" de Inv. 2, 10, “honestae rationi affinis.” 14. Manavit non solum, &c. "It has not only spread slowly throughout Italy." Manarit beautifully expresses the slow but steady progress of the conspiracy, like a slowly-rolling stream. Creeping onward unperceived." 15. Obscure serpens. << "C 16. Sustentando ac prolatando. By delay and irresolution." Literally, "by still enduring it, and still putting off (the moment of action.") 17. Esse. "Are before you," i. e. have been proposed.- Unam D. Silani. "The one, that of Decimus Silanus." Con- sult Historical Index. 18. Qui haec delere, &c. "Who have endeavoured to blot out this fair state of things from existence." Haec refers to the Roman city and state, and the gesture of the orator corresponds as he points slowly around. Ernesti is in favour of conati sint, and Beck has adopted the emendation, but the true reading is undoubtedly conati sunt, since there was no longer any doubt respecting the crime itself or its intended perpetrators. Compare Heusinger, praef. ad Cic. de Off. p. 53, seqq. 224 THE FOURTH ORATION Page. 39 19. C. Caesaris. Julius Caesar. 20. Qui mortis poenam removet, &c. "Who puts aside the punishment of death, but embraces all the severities of remaining punishments," i. e. who is against the punishment of death, but in favour of the severest one that remains after this is excluded. 21. Pro sua dignitate, &c. Consistently with his own high rank, and the importance of the crisis.”—Versatur. "Insists." 22. Aller. Silanus.-Conati sunt. Ernesti here again recom- mends conati sint. But consult note 18. "This air that we all breathe.". 40 1. Hoc communi spiritu. Recordatur. "He reminds us. "} ८ 2. Alter intelligit. "The other is clearly of opinion." Julius Caesar maintained, in his remarks before the senate on this occasion, that the soul was mortal, and death an eternal sleep; consequently, that loss of life was a blessing rather than a punishment, since it freed us from all the evils of existence. Compare the speech which Sallust assigns him in the debate on this same question relative to the conspirators. 3. Necessitatem naturae. "As a necessary law of nature." 4. Sapientes. By the "wise" are here meant those imbued with what Caesar regards as the true principles of philosophy! The Stoics, especially, although they believed in a future state, regarded death as any thing rather than a source of terror. According to them, a wise man might justly and reasonably withdraw from life whenever he found it expedient; not only because life and death are among those things which are in their nature indifferent, but also because life may be less consistent with virtue than death. Caesar, who was an Epicurean, if he was any thing at all, artfully avails himself of the fact of many of the Stoic sect having actually put an end to their existence, and applies it to the establishment of his peculiar doctrine. 5. Oppetiverunt. "Have courted it." Among the "fortes" may be enumerated Codrus, the Athenian, the Roman Decii, Curtius, &c. 6. Vincula vero, &c. Imprisonment, however, and that too for life, was invented in his opinion for the express punishment of abandoned guilt." 7. Municipiis. "Throughout the municipal towns." Equiva- lent to in municipia. Cæsar's proposition was, that the conspirators who had been arrested should be "distributed" throughout these towns, and there confined for life. His true object was to save their lives, and trust to some future chance for their pardon. 8. Habere videtur, &c. The use of ista in this sentence shows the gesture of the orator, who in making the remark turns towards ( AGAINST CATILINE. 225 Page. Caesar. "That proposition of yours seems to carry with it an 40 unjust burden, if you wish to demand it of them; a difficulty if you are only inclined to ask it as a favour. However, let a decree be passed to this effect, if such be your pleasure." Cicero's meaning is this if you exercise your power and demand of the free towns, that they receive these prisoners and keep them in confinement, you will be imposing an unjust burden upon them; while, on the other hand, if you only request it as a favour, you may meet with a difficulty in their declining to accede to your request. 9. Ego enim suscipiam, &c. "For I will take it upon myself to see, that what you wish shall be accomplished, and I will find, as I hope, those who will not think it unsuitable to their dignity to refuse," i. e. I will find municipal towns that will have no objec- tions, I trust, to receive them.-With suscipiam understand rem, so that the literal translation will be, "I will undertake the affair," alluding to the execution of the decree which shall be passed. 10. Adjungit. The orator returns to Caesar, and gives the rest of his opinion. "He is for adding a heavy penalty on the inhabi- tants of the municipal towns."—Eorum. "Of the criminals." Referring to the conspirators. 11. Horribiles custodias circumdat. "He is for throwing around them a frightful imprisonment, for decreeing in solemn form what- ever is worthy of the guilt of abandoned wretches, in order that no one may hereafter be able, either through the senate or people, to mitigate the punishment of those whom he is in favour of condem- ning." 12. Eripit etiam spem. "He even deprives them of hope," i. e. by making their confinement one for life.—Quae sola hominum, &c. Compare the beautiful language of Tibullus (2, 6, 25) :— (C Spes etiam valida solatur compede vinctum, Crura sonant ferro, sed canit inter opus." 13. Bona praeterea, &c. As regards Cicero's account of the opinion held by Caesar, on this occasion, before the Roman senate, compare the language of Sallust, (Cal. c. 51,) "Sed illa censeo, publicandas eorum pecunias, ipsos in vinculis habendos per munici- pia, quae maxime opibus valent, ne quis de his postea ad senatum referat, neve cum populo agat," &c. 14. Quam si eripuisset. For had he taken away this."-Mul- tos, uno dolore, &c. "He would have ended, by a single pang, many sufferings of mind and body, and all the punishments due to their crimes." There is some doubt as to the true reading of this passage. Ernesti gives multas in place of multos, making the geni tives animi and corporis depend upon poenas understood, in the 226 THE FOURTH ORATION Page. 40 sense of "sufferings." This, however, appears extremely harsh. The MSS. in general give multos, which induced Graevius to sug- gest, as an emendation, multos, uno dolore, dolores animi atque corporis, et, &c. This correction has been received by Matthiae, Schütz, Orellius, and others, but in truth the juxtaposition of dolore dolores sounds like any thing else rather than Ciceronian Latinity. We have adopted, therefore, a middle course, and have supposed dolores to be understood with animi utque corporis, as may easily be implied from multos, and the presence of dolore. 15. Itaque ut aliqua, &c. "Hence, on this account, that there might be some fear remaining for the wicked in life, the men of earlier times favoured the idea, that certain punishments, of a nature calculated to produce this effect, were appointed for the wicked in the lower world." We have given ejusmodi ("of that kind,”) a free translation, as more directly explanatory of the meaning of the orator. It is evident, from what we see here, that Cicero himself gave no credit to the popular belief respecting the nature of the punishments in another world. And this is apparent also from many other parts of his writings. He was a believer, however, in a future state; and, without directly attacking the scepticism of Caesar, he here in fact censures it, by expressing his opinion, that a belief in the punishments of a future world had the advantage at least of curbing in this life the evil passions of the wicked. It is this which will give us the true connexion between Itaque, &c., and the close of the last sentence. Mada 16. Videlicet. "No doubt." There is a slight tinge of irony in the use of this word, on the present occasion, but it is an irony directed against the fables of the vulgar respecting the punishments of another world, not against a future state itself. it 17. Mea quid intersit. "How my interests are concerned." More freely, on which side my true interest lies," i. e. as regards the conflicting opinions of Silanus and Caesar. 18. Hanc in republica viam. "Such a career in public affairs." -Popularis. "A popular one," i. e. calculated to gain the favour of the people. There is here a lurking sarcasm against Caesar's love of popularity. 19. Hoc auctore et cognitore, &c. "With him as the author and supporter of this opinion." By auctore sententiae is meant the original proposer of a measure; by cognitor, one who ac- knowledges it to be his, and exerts himself to defend and substan- tiate it. 20 Populares impetus. "Any onsets of the people," i. e. any out- breakings of popular violence, through sympathy for the condemned. AGAINST CATILINE. 227 Page. Cicero's meaning is, that Caesar's popularity will shield him from 40 this risk, and that on this side his true interest lies. 21. Illam alteram. "The other." Ille here answers to our definite article. Literally, "that other one," i. e. the opinion of Silanus. 22. Nescio an, &c. "I know not whether additional trouble will not in that event be incurred by me." Amplius negotii, liter- ally "more trouble." It is a very rare thing for amplius to have after it a genitive case. A similar construction occurs in Caes. B. G. 6, 9: Amplius obsidum."-Cicero apprehends some trouble on the part of the lower orders if the opinion of Silanus be adopted, but still he is in favour of it.—As regards the expression nescio an, (otherwise, and more commonly written haud scio an,) it may be remarked, that the "usus loquendi" among the Romans made it equivalent to nescio an non. It is employed to express a modest degree of doubt, &c., and may often be rendered by our English term "perhaps." Ernesti goes too far when he makes it equivalent to a simple affirmation (Clav. Cic. s. v. haud.) The more correct doctrine is laid down by Scheller (Praecept. Styl. vol. 1, p. 490.) 23. Sed tamen meorum periculorum, &c. "Still, however, let the interests of the state overcome all considerations of my own individual danger," i. e. let the welfare of the state triumph over every personal consideration. The common expression would be, “attamen salus reipublicae anteponenda est meis periculis.” 24. Habemus enim, &c. The connexion in the train of ideas is as follows: Cicero has just been remarking, that considerations of personal safety, on his part, must yield to the public good. Now, as his personal safety would have been in a great measure secured by adopting the opinion of Caesar, it might be inferred by some, although very erroneously, that he regarded Caesar's opinion as clashing, in some degree, with the public welfare. In order, there- fore, to avoid such an inference, he immediately adds, that the opinion expressed by Caesar, although the public interests will not allow him, peculiarly situated as he is, to embrace it, yet seems to him worthy in every way of the high rank of its author, and a sure proof of his sincere attachment to the state. The compliment is very artfully turned, and shows great policy on the part of Cicero. (C 25. Ipsius dignitas. "His own high rank."-Amplitudo. "The illustrious character."-Tamquam obsidem, &c. "As a pledge of his lasting attachment to the state." 1. Intellectum est, &c. "By this has it been rendered fully 41 apparent, what difference there is between the insincerity of mere public declaimers, and a bosom truly attached to the people, and 228 THE FOURTH ORATION Page. 41 consulting for their welfare." Another artful compliment. Cicero remarks, that Caesar's opinion shows the true friend of the people, and not the hollowness of the demagogue, who is merely seeking their favour for his own private ends. It will readily be perceived that Cicero's object is to avoid irritating Caesar, and thereby to pre- vent fresh difficulties. The praise bestowed, however, is of a very peculiar character, since, to us at least, a vein of sarcasm appears to run beneath, and yet it is one so artfully managed that Caesar could not make it a cause of offence. 2. Istis. The pronoun here denotes contempt.-Populares. In the wrong sense of the term. To 3. Non neminem. "A certain person." He means some senator, who, in order not to vote upon the capital punishment of Roman citizens, and from the wish of becoming popular with the lower orders, had absented himself from this meeting of the senate. this one he opposes Caesar, as a true friend of the people and anx- ious for their welfare and the safety of the state. The name of the senator in question is unknown; some make him to have been Q. Metellus. 4. Nudiustertius. "The day before yesterday." A contraction for nunc dies tertius, (i. e. est.) 5. Dedit. "6 Consigned," i. e. was in favour of consigning; voted to that effect.-Cives Romanos. The conspirators who had been arrested. 6. Indices. The Allobroges and Vulturcius.-Affecit. pensed," i. e. voted for recompensing. 7. Jam. Marking the conclusion to which Cicero fairly arrives, that one, who had gone as far as this particular senator, had already expressed his opinion, in fact, on the merits of the case at large, and ought, therefore, to have been present, since he gained nothing by absence. "Recom- 8. Quaesitori gratulationem. "A vote of thanks to the individ- ual who first instituted an inquiry," i. e. who first inquired into, and ascertained, the existence of a conspiracy. Cicero uses the term quaesitor, here, in an unusual sense. It generally signifies, when applied to a public officer, a person appointed by the senate or people to preside at public trials of a capital nature. 9. At vero, &c. "Caius Caesar, however, plainly perceives, that the Sempronian law was enacted for the benefit of Roman citi- zens," &c. Cicero sets the conduct and sentiments of Caesar, on the present occasion, in opposition to those of the senator just men tioned, and, in so doing, very artfully turns a part of Caesar's ora- tion against the speaker himself. Caesar had laid great stress upon AGAINST CATILINE. 229 Page. the Porcian and Sempronian laws, the latter of which ordered that 41 no Roman citizen should be capitally punished without the command of the people, and the former, that no citizen should be put to death at all, but that the alternative of exile should be allowed him. This part of Caesar's speech becomes completely refuted, if the latter can be made to confess, that a public enemy is no longer a citizen, and Cicero, therefore, brings forward this proposition in so artful a way that Caesar cannot possibly contradict it. 10. Ipsum latorem, &c. "That the very proposer himself of the Sempronian law rendered atonement to the state by the order of the people." The meaning of Cicero is this, that even Caius Gracchus himself, who brought in the Sempronian law, was not allowed to avail himself of the provisions of that law, but suffered the punish- ment due to the violation of public order, on the ground of his being a public enemy, and that too by an express decree of the state. The principal force of the remark lies in the expression jussu populi, the people themselves having, according to Cicero, sanctioned by their order, in the case of Caius Gracchus, the distinction drawn by him between a citizen and a public foe.-All the MSS., and all the early editions, without a single exception, read jussu, and so the text remained until Ernesti thought fit, on mere conjecture, to substitute injussu. His argument is, that Gracchus, the proposer of the Sem- pronian law, was not put to death by the order of the people, but by an act of violence on the part of the nobility headed by Scipio Nasica. In this remark, however, there is an historical error, since Caius Gracchus was slain by the party of the consul Opimius, after a decree of the senate had been passed, entrusting the republic to his care. The only difficulty is, to ascertain in what way the sen- tence of the senate may be said to have been ratified by the people, or how their assent was in any form obtained. Cicero appears to have inferred this assent from their not having interfered to preserve the life of Gracchus, and perhaps from other circumstances to us unknown. At all events, it is too bold a proceeding to alter what has thus far been regarded as the established text, and make it speak a directly opposite meaning. The best editors, since Ernesti's time, namely, Schütz, Weiske, Matthiae, Wetzel, &c., have rejected the emendation. 11. Idem ipsum, &c. "The same individual is of opinion, that Lentulus himself, though lavish and prodigal in his expenditures upon the people, cannot be called their true friend, when he has with so bitter cruelty been plotting the destruction of the Roman people, the ruin of this city.' The reference in largitorem and prodigum is to public shows, and other entertainments, given for "} 20 T ↑ 230 THE FOURTH ORATION Page. 41 the purpose of securing popularity. Compare, as regards the force of prodigus, the definition of Cicero, de Off. 2, 16. " 12. Homo mitissimus atque lenissimus. Although a very mild and merciful man." Referring to Caesar.-Non dubitat. "He hesitates not.' 13. Et sancit in posterum. “And he is in favour of guarding, by an express decree, against the time to come."-Se jactare. "To exert himself." More literally, "to busy himself." Equiv- alent here to commovere se. Consult Ernesti, Clav. Cic. and Schütz, Index Lat. ad Cic. Op. s. v. 14. In pernicie populi Romani. "In a matter that involves the ruin of the Roman people.” 15. Adjungit etiam, &c. Cicero purposely lays great stress on the severity of Caesar. The latter had said that he was in favour of the most rigorous punishment. The consul understood him well, and takes him at his word. Caesar cannot retract, and if a still more severe punishment can be discovered than that already thought of, the senate may decree to that effect, and Caesar must of course approve. Cicero adroitly manages to draw this inference from the words of Caesar, and involves the latter in his own subtle- ties. 16. Quamobrem sive hoc, &c "Either then, if you shall have decreed what Caesar recommends, you will have given me, in him, a companion for the public assembly, dear and acceptable to the people," i. e. you will have adopted an opinion, which will find a zealous and successful advocate, before the assembled people, in the person of the one who proposed it. 17. Atque obtinebo, &c. "And I will make it appear to have been the far milder opinion of the two." 18. Ego enim de meo sensu judico. "For I judge from my own feelings," i. e. in what I am going to say, I will give utterance frankly to my real and honest feelings. 19. Nam ita mihi, &c. "For so may it be allowed me to enjoy, along with you, the republic in a state of safety, as I am now, because I show more severity than usual in the present affair, not influenced by any cruelty of spirit, (for who is in fact milder than myself?) but by a peculiar feeling as it were of humanity and pity." i. e. may I never enjoy, in common with you, the benefits resulting from my country's safety, if the eagerness which I display in this affair pro- ceeds from any cruel spirit, (for no one has less of that than myself,) but from a feeling of humanity and pity towards my countrymen. 20. Videor mihi videre. "Methinks I see.' The orator is here entering on the figure which grammarians call diatyposis. "1 Mou AGAINST CATILINE. 231 Page. tem. 21. Arcem omnium gentium. "The capital of all nations."41 Arcem is here equivalent to caput.-Subito uno incendio conciden- On a sudden sinking amid one universal conflagration." 1. Sepulta in patria. "In my ruined country." Sepulta is 42 here equivalent to eversa or vastata.-Miseros atque insepultos. No article of popular belief was more strongly established in the ancient world, than that the soul wandered for a hundred years around the banks of the Styx or the dead body itself, whenever the latter was deprived of the rites of burial. Hence the peculiarly mournful ideas attached to the circumstance of a corpse remaining neglected and unburied, and of which Cicero here happily avails himself, in order to heighten the effect of the gloomy picture which he draws. 2. Versalur miki ante oculos. "Is often present before my view."-El furor in vestra caede bacchantis. "And his wild fury as he revels amid your blood.” 3. Mihi proposui. "I have pictured to myself."—Ex fatis. "From the Sibylline predictions." 4. Purpuratum esse, &c. "That this Gabinius here is arrayed in purple." Hunc refers to Gabinius as having been before them on a recent occasion, not as actually present at the time. Compare Or. in Cal. 3, 3, init.-Gabinius is called purpuratus, as one of the titled attendants in the future royal court of Lentulus. Com- pare Cic. Tusc. Quaest. 1, 43, Flor. 1, 10, Liv. 30, 42. 5. Vexationem virginum Vestalium. the vestal virgins." "The outrages offered to 6. Vehementer misera atque miscranda. "In the highest degree deplorable and worthy of compassion."-Ea perficere. “To bring them to pass." 7. Praebebo. We have here given the reading which Graevius adopted from some of his MSS. and which Gruter found in three of his. It imparts a more sonorous and Ciceronian ending to the sentence. The common text has praebeo. 8. De servis. We would naturally expect here de servo, since the singular scrno precedes. But the allusion here is to the Ro- man law, by which it was ordained, that if the master of the house, or any member of his family were murdered, and the murderer not discovered, all the slaves composing the household should be put to death. Hence we find in Tacitus (Ann. 14, 43) no less than 400 in one family punished on this account. 9. Mihi vero, &c. What Cicero here justifies, viz., to seek to les- sen the smart of anguish by the sufferings and torture of him who has occasioned it, he would on another occasion, where greatness of 232 THE FOURTH ORATION Page. 42 soul was the theme, have openly condemned. Here, however, it suits his purpose to assert what he has in the text. servis. 10. Nocentis. This would appear at first view to clash with de But it in fact confirms that reading, since "the guilty one" would be sure of being punished, if all the slaves composing the household were put to the torture. 11. Hoc universum, &c And this common dwelling-place of the republic," i. e. this city, the dwelling-place of a whole people. 12. Qui id egerunt ut collocarent. "Who have aimed at estab- lishing. Si. "Even if."-Misericordes. Because no punish- ment is adequate to their crime, and any infliction of it therefore will only appear mercy. >> 13. In patriae, &c. "In a case that involves the ruin of our country and fellow-citizens."- Fama. “The imputation." 14. L. Caesar, L. Julius Caesar, who was consul with C. Marcius Figulus, A. U. C. 689. He was uncle to Julius Caesar. 15. Crudelior. "Too cruel." į 16. Sororis suae. Julia, who had married Lentulus, after hav- ing been the widow of M. Antonius Creticus. By her first mar- riage she had become the mother of Mark Antony, the triumvir. The punishment of her second husband, Lentulus, was the origin, according to Plutarch, of the enmity that prevailed between Antony and Cicero. (Vit. Anton. c. 2.) 17. Virum. Lentulus. 18. Cum avum, &c. L. Caesar, in his remarks, before the senate, on the occasion alluded to by Cicero, in order to shield himself from the imputation of undue severity in voting for the punishment of Lentulus, had observed, that "his own grandfather" was once put to death by order of a Roman consul, and the son of the former, although sent to sue for peace, was imprisoned and slain. Caesar alluded to M. Fulvius Flaccus, who was his grand- father on the mother's side, and who was slain by order of the con- sul Opimius, together with his son, during the affair of Caius Grac- chus. Consult Vell. Paterc. 2, 7, 2, Val. Max. 9, 12, 6. Plut. Vit. C. Gracch. c. 16, seqq. 19. Quorum quod simile factum? "And yet what act on their part was at all like the conduct of these conspirators?" Literally, "Of whom, what act was similar?" i. e. what comparison will the offence of Fulvius Flaccus and his son bear with that of Lentulus and his colleagues? 20. Initum. "Was formed by them." Referring to Flaccus and his son. 21. Largitionis voluntas, &c. "A desire to gratify the people AGAINST CATILINE. 233 Page. by largesses, and a certain violence of parties, were then preva- 42 lent in the state." The allusion in largitionis voluntas is to the movements of the Gracchi, in conciliating the favour of the people. C. Gracchus, for example, was the author of a lex frumentaria, for a distribution of corn among the people, and he and his elder brother Tiberius were the well-known advocates of the Agrarian law. Consult Legal Index. 22. Hujus avus Lentuli. Alluding to P. Lentulus, whose image was on the seal of his grandson, and to whom Cicero also refers in the third oration, (c. 5,) "Est vero, inquam, signum notum, imago avi tui," &c. As regards the occurrence mentioned in the text, compare the words of Valerius Maximus, (5, 3, 2,) "P. Lentulus, clarissimus et amantissimus reipublicae civis, cum in Aventino C. Gracchi nefarios conatus, et aciem, pia et forti pugna, magnis vulneribus exceptis, fugasset," &c. 1. Ne quid de summa, &c. "That no portion of the public 43 safety might be impaired." Summa republica is here equivalent to what is elsewhere given as summa reipublicae, and this latter phrase is the same as “res a qua salus universae reipublicae pendet." Compare note 16, page 29. The common text has de summa reipublicae dignitate. Our reading is that of Graevius, Ernesti, Beck and Schütz, supported by good manuscripts. 2. Hic. "This his descendant."Attribuit nos. "1 "Gives us over. 3. Veremini censeo. "You are afraid, I suppose." The com- mon text has vereamini. Our reading is that of Ernesti, who found the words vere enim censeo in one of the MSS., from which he con- jectured veremini. This would be rather feeble authority, it is true, for the emendation, did not the sense require the indicative. 4. Aliquid severius. The common text has nimis aliquid severe, for which we have adopted one of the emendations of Ernesti. 5. Remissione poenae. "By any relaxation of punishment.”. Severitate animadversionis. "By any severity of infliction." 6. Quae exaudio. Ernesti remarks, that exaudio is rarely em- ployed when speaking of rumour or mere report. Cicero, however, expressly uses the compound form on the present occasion to impart additional strength to the clause. It is the same as saying, that he hears the reports alluded to so distinctly as to be incapable of any longer misunderstanding them. 7. Jaciuntur enim voces. "Remarks are thrown out." Some editions have jactantur, but Graevius altered this to jaciuntur, on the authority of many MSS., and as required by the context. Jactantur would denote a frequent and active circulation of rumours, 20* 234 THE FOURTH ORATION Page. 43 such as would suit the enemies, not the friends, of Cicero ; jaciun- tur, on the contrary, refers to what is said by the well-disposed but timid. 8. Eorum, qui, &c. "On the part of those, who seem to be apprehensive that I have not a sufficient force," &c. After the verbs metuo, timeo, vereor, ne is used when we are afraid lest a thing may take place which we do not want to happen, and ut when we wish it to happen, but are afraid it will not. Thus, metuo ne facias is, "I am afraid lest you will do it," but metuo ut facias, “I am afraid you will not do it." The solution of this apparent anomaly is as follows: metuo ne facias is the same as metuo ut non facias, "I am afraid in order that you may not do it," i. e. I do not wish you to do the thing in question, but fear lest you will; whereas metuo ut facias is literally, "I am afraid in order that you may do it, " i. e. I wish it done, but am afraid you will not do it. 9. Et provisa, &c. "Have been both provided for, and prepared, and fully settled.". Cum. "As well."-Diligentia. " ·Diligentia. "Vigilance." 10. Tum multo etiam, &c. "As by the still greater zeal, dis- played on the part of the Roman people, for," &c. 11. Hujus loci ac templi. temple of Jupiter Stator. The senate was assembled in the 12. Praeter eos, qui, &c. He refers to those whom in the 10th chapter of the second oration he comprehended in the fourth class of disaffected persons, men who are weighed down by debt, and who see but too clearly that these debts will prove their ruin. 13. Qua virtute. "With what courage."-Consentiunt. they all unite?" 14. Qui vobis ita, &c. "Who yield to you the precedence in rank and counsel, only to vie with you in love for the republic." Consilii refers to the administration of public affairs.-The use of - summam, in this passage, in the sense of superiority, or taking the lead, is of very rare occurrence. Hence Scheller suspects, that per- haps auctoritatem has been dropped from the text. "Do 15. Ex multorum annorum dissensione. Judges were first selected from the senate. In consequence, however, of the venality of that order, the right of judging was taken from them by the Sem- pronian law, and given to the equites. It was restored to the senate by a law of Sylla's, and subsequently, by a law of Cotta, the praetor, in the consulship of Pompey and Crassus, it was shared between the senate, equites, and tribunes of the treasury. This latter ordi- nance produced a very powerful effect, in healing the differences which the others had caused between the two orders, and Cicero exerted himself very zealously in completing the reconciliation. On AGAINST CATILINE. 235 Page. the present occasion, the two orders appear once more united, and 43 that too in the best of causes, the preservation of their country. (Consult Legal Index, s. v. Lex Aurelia, and also Heinecc. Antiq. Rom. 4, 18, 16, p. 754, ed. Haubold.) 16. Ad hujus ordinis, &c. To an alliance and union with this order." Alluding to the change of feeling which had been produced by the Aurelian law of Cotta. 17. Haec causa. Alluding to the conspiracy.-Conjungit. conciles." 18. Confirmatam. "Re- "Placed on a sure basis."-Confirmo vobis. "I confidently declare to you." 1. Nullum posthac malum, &c. Cicero imagined that he had 44 placed the authority of the senate on a solid basis, by uniting it with the equestrian order, thus constituting what he calls "optima res- publica," and he ascribes the ruin of the republic to that coalition not being preserved. The cause of the rupture, which was a very speedy one, was the senate's refusing to release the equites from a disadvantageous contract concerning the Asiatic revenues. (Cic. ep. ad Att. 1, 17.) 2. Tribunos aerarios. These were of Plebeian origin, and through them the pay passed to the army. (pro Planc. 8.) Compare Varro, L. L. 4, (5, 180, sp.) “Tribuni quoque quibus attributa erat pecunia, ut militi redderent, Tribuni acrarii dicti.” 3. Scribas item universos. "And likewise the whole body of scribes." Among the Romans there were two kinds of scribes, private and public: the former were the slaves of private individuals ; the latter were free, but of plebeian rank, and generally freedmen. These last were divided into decuriae, and received pay from the public treasury. They were distributed by lot among the different magistrates, and hence were called, consulares, praetorii, aedilitii, quaestorii, &c. 4. Cum casu haec dies, &c. "When this day had, by chance, assembled them in great numbers," i. e. at the public treasury. Frequentare is here employed in an unusual sense, for frequentes convocare. Compare pro Dom. c. 33.-The scribes were assem- bled on this day, the nones of December, or 5th of the month, at the public treasury, to divide among themselves, by lot, the offices of the ensuing year, that is, to determine who should be secretaries to the consuls, who to the praetors, &c. This was done annually. While thus employed, they saw the prisoners led by to the senate- house, and immediately, abandoning all their private concerns, they came and made an offer of their assistance, for securing the public safety. 236 THE FOURTH ORATION Page. 44 } 5. Ab exspectatione sortis. "From all expectation of the offices to be allotted to them." Consult preceding note. 6. Omnis ingenuorum, &c. "The whole body of freeborn citizens is here, even those of the humblest degree." By ingenui the Romans meant those who were born of parents that had always been free. Such at least seems to have been the case originally. In the Institutes of Justinian, however, the strictness of the ancient rule on this subject is very considerably modified: “ Ingenuus est is, qui, statim ut natus est, liber est; sive ex duobus ingenuis matrimonio editus est, sive ex libertinis duobus, sive ex altero libertino, et altero ingenuo. Sed et si quis ex matre nascitur libera, patre vero servo, ingenuus nihilominus nascitur: quemadmodum qui ex matre libera et incerto patre natus est, quoniam vulgo conceptus est. Sufficit autem liberam fuisse matrem eo tempore quo nascitur, licet ancilla conceperit," &c. (Inst. 1, tit. 4.) 7. Libertinorum hominum, &c. The Romans distinguished be- tween the terms libertus and libertinus as follows: when referring to the patron or former master, they used libertus, thus, libertus Caesaris, "Caesar's freedman," libertus Ciceronis, &c., but when they meant to designate a freedman generally, they employed liber- tinus, as libertinus erat, "he was a freedman," libertinum vidi, &c. Compare the remarks of Ernesti, Clav. Cic. s. v., and Taylor, Ele- ments of the Civil Law, p. 430. 66 8. Qui virtute sua, &c. 'Who, having by their merit attained to the condition which the right of citizenship bestows." By virtute is meant their fidelity and attachment to their masters. There is great variation here in the MSS. We have adopted the reading of Gruter, Graevius, and Ernesti. Muretus prefers, " qui fortuna sua hujus civitatis jus consecuti," which is supported by some MSS. Lambinus gives, "qui sua virtute ac fortuna hujus civitatis jus consecuti." 9. Quidam. Referring not only to Lentulus, Cethegus, and their colleagues, but to other and more secret partisans of the conspiracy, whose names he could mention if he felt inclined.-Quidam differs from aliquis, by implying that the object designated is definitely known, though indefinitely described. This indefinite description is sometimes resorted to for the purposes of oblique sarcasm. (Zumpt. L. G. p. 247.) 10. Quid commemorem. "Why need I mention," i. e. why waste time in speaking of.-Matthiae, Weiske, Schütz, &c., read commemoro, on the authority of some MSS. 11. Qui modo tolerabili, &c. "Provided he enjoy only a tolera- ble condition of servitude." Cicero means, that no slave, whose AGAINST CATILINE. 237 Page. burden of servitude is in any way tolerable, will feel inclined to 44 abandon his present state, and obtain freedom under the auspices of Catiline, since universal ruin must result from the success of his daring schemes. 12. Voluntatis. The choice of words here is extremely appro- priate. It belongs not to slaves to intermeddle in the affairs of citizens; they can, therefore, only indulge in good-will (voluntatis) for the preservation of the state. And they dare not even indulge in this feeling, without bearing in mind, at the same time, their real condition, (quantum audet,) for they well know how little they can effect by their own unaided resources, (quantum potest.) แ 13. Forte commovet. Happens to alarm."-Lenonem quendam. "That a certain worthless tool." 14. Concursare, &c. "Is running around among the shops of the artisans." Compare Sallust, Cat. c. 50: "Liberti et pauci ex clientibus Lentuli, diversis itineribus, opifices et servitia in vicis ad eum eripiendum sollicitabant," &c. 15. Nulli sunt inventi, &c. Appian, on the contrary, states, that the slaves and freedmen of Lentulus and Cethegus, having been joined by a large number of working-people, (xeipotéxvas zod- λοὺς προσλαβόντες,) endeavoured to break into the houses of the praetors, by the rear, and rescue their masters who were confined within. The moment Cicero was informed of this, he hastened from the senate-house, stationed guards in different quarters of the city, where any attack was to be apprehended, and then returned to the senate and expedited the debate. (Appian, B. C. 2, 5.) 16. Ipsum illum, &c. "That same spot where his seat is fixed, and his labours are performed, and his daily bread is earned.". Cubile ac lectulum suum. "His dormitory and humble couch." Cubile is here equivalent to cubiculum dormitorium. 17. Cursum hunc, &c. "The peaceful life which he at present leads." More literally, "this his peaceful course of life.” 18. Omne eorum instrumentum, &c. "Every thing with which they pursue their daily employment, all their industry and daily gains, are supported by a crowded population, are fostered by a state of public repose." For sustinetur some editions have susten- tatur, which amounts to the same thing. 19. Occlusis tabernis. "When their shops are closed." The shops at Rome were closed during times of public confusion and alarm, and also of public sorrow, by an edict of the consul. Con- sult Ernesti, Clav. Cic. s. v. Taberna. 1. Quid tandem, &c. "What then will be the result when they 45 If Catiline succeed, the whole city will be wrapped are burnt?" ! 238 THE FOURTH ORATION 14 Page. 45 in flames, and the shops of the artisans, even though they favour his cause, will share the common ruin. Some MSS. and editions have futurum fuit. Ernesti prefers fulurum essel, but retains futu- rum est. Beck thinks that Cicero wrote merely futurum, and hence he encloses est in brackets. The form futurum est is undoubtedly preferable, and is used for the purpose of strengthening what is said, as if the fire were now actually about to be applied. 2. Consulem. Meaning himself.-Atque ex media, &c. Alluding in particular to the attempt made to assassinate him at his own house. 3. Mente, voluntate, &c. "In sentiment, in inclination, in zeal, in courage, in open declarations of attachment." 4. Vobis supplex, &c. To produce a stronger impression on the minds of his hearers, the orator has recourse to a most beautiful and striking personification. 5. Aras Penatium. The Lares were the ordinary household deities, the Penales were gods of a higher class. The latter were of two kinds, public and private; but in fact the same deities, that is, the same gods, were worshipped as Penates by both an entire city, with public honours, and by the individual families in that city, with private or domestic offerings. The Lares were worshipped in the atrium, or hall, the Penates in an inner part of the dwelling, called impluvium, and, for the most part, open to the upper air. 6. Illum ignem, &c. A sacred fire was always kept burning in the temple of Vesta, and it was one of the offices of the Vestal virgins to watch this fire day and night. Whoever allowed it to go out was scourged by the Pontifex Maximus. This accident was always esteemed unlucky, and expiated by offering extraordinary sacrifices. The fire was lighted up again, not from another fire, but from the rays of the sun. Consult Lipsius, "De Vesta et Ves- talibus Syntagma," c. 8, seqq. 7. Sempiternum. Many MSS. have merely this word, omitting perpetuum ac which precede, and Lambinus and Graevius have adopted the reading. But perpetuus and sempiternus are not here synonymous. Ignis perpetuus denotes a fire that is fed by a con- stant succession of fresh fuel; whereas by ignis sempiternus is meant one which is to be continued to future ages. therefore render the two epithets in question by "ever-burning and ever-abiding." We may 8. De focis. By focus is here meant the domestic hearth, that is, the hearth in the atrium, or place where the family generally assem- bled, and around which stood the images of the Lares. When focus and ara are joined in the same sentence, as in the phrase, AGAINST CATILINE. 239 Page. << 'pro aris et focis pugnare," then ara denotes the altar of the Pen- 45 ates, while focus still refers to the Lares. 9. Ducem. Referring to himself. 10. Quae non semper, &c. "A privilege that is not always afforded" Compare the explanation of Heumannus, “cujus generis ducem non semper habere contingit.” 11. In civili causa. "In a case of a public nature," i. e. in which all citizens are more or less concerned. 12. Auctas exaggeratasque. up." 13. Una nox. That of the Saturnalia. Compare chapter 4 of the 3d oration.-Paene delerit. Cicero uses delerit not delevisset, because if he had employed the direct form of expression, what the grammarians call the oratio directa, he would have said delevit, not deleveral. (C - Increased, aye, and even heaped 14. Esse princeps. "To be the first heard," i. e. to take the lead.-Officio consulari. It being the duty of a consul to watch over the public safety, and to be the first to give the alarm when that safety is threatened. 15. Ego video. "I am well aware."-Quam videtis, &c. "Which you see in fact is very great." 16. Turpem. "Base." Alluding to their flagitious course of life. The reason 17. Quod si aliquando. The grammarians lay it down as a rule, that the syllables al should never follow the word si. of the rule they do not give us. It appears, however, to be a good one, with this exception added to it, that whenever emphasis is required we are to write si aliquid, for example, but to adhere to the main rule on other occasions. 18. Concitata. "Aroused into action."-Ista. Denoting con- tempt.-Plus valuerit, quam. "Shall triumph over." 1. Vitac tantam laudem. "So glorious an existence." 2. Semper. Gruter thinks that this word ought to be rejected, and Graevius actually omits it. Ernesti, however, successfully defends its presence in the text, by showing that it stands opposed to uni. 3. Gestae. Gruter recommends gesta and conservata republica, which Graevius adopts. But the ablative, as Ernesti correctly remarks, would only be proper here, if Cicero were expressing his own sentiments. He avoids this species of vain-boasting, and uses the genitive, as conveying merely the sentiments of the senate, respecting the result alluded to, not his own. 4. Scipio. The elder Africanus, who defeated Hannibal in the 46 } 240 THE FOURTH ORATION Page. 46 battle of Zama.-Atque ex Italia decedere. tained a footing in Italy for nearly sixteen years. Africa by Scipio compelled him to return home. Hannibal had main- The invasion of 5. Alter Africanus. The younger Scipio, or Africanus Minor. He was the son of Paullus Aemilius, and was adopted into the Scipio family by the son of the elder Africanus. 6. L. Paullus. Referring to Paullus Aemilius, who reduced Macedonia to a Roman province, after having conquered Perses, the last king of that country, in the battle of Pydna. 7. Cujus currum, &c. An account of this triumph is given by Livy, 45, 35, seqq. 8. Bis Italiam, &c. By his two victories, one over the Teu- tones and Ambrones, at Aquae Sextiae in Gallia Narbonensis, and the other over the Cimbri, at the Raudii Campi, in Cisalpine Gaul. Consult Vell. Paterc. 2, 12, Flor. 3, 3. 9. Pompeius. The exploits of Pompey are enlarged upon in the Oration for the Manilian Law. 10. Tisdem quibus solis, &c. Equivalent to " rum orbem celebrantur." 'per totum terra- 11. Aliquid loci. "Some room.' 12. Quo victores revertantur. In illustration of what is here said we may cite the remark of Cicero, in the treatise de Oficiis, (1, 22,) Mihi quidem Pompeius hoc tribuit, ut diceret, fustra se triumphum tertium deportaturum fuisse, nisi meo in rempublicam beneficio, ubi triumpharet, esset habiturus.” "In foreign 13. Uno loco. "In one respect."-Externae. lands."-Domesticae. "At home." 14. Aut oppressi serviunt, &c. "Either have been completely crushed and are become slaves, or have been admitted to favourable terms of surrender, and consider themselves bound to us by the kindness thus conferred." 15. Tantam conspirationem bonorum omnium. "So great una- nimity on the part of all good men." Conspiratio is used by Cicero in both a good and a bad sense. In the former meaning, it occurs, besides the present instance, Ep. ad Fam. 12, 15: de Off. 2, 16 : de Fin. 1, 20: in the latter, Ep. ad Fam. 11, 11 : "Sceleratissi- ma conspiratio." 16. Pro imperio, &c. Alluding to the province of Macedonia, to the government of which he was entitled on the expiration of his consulship, but which he had surrendered to his colleague Antonius, in order to keep him firm in his attachment to the state. Compare Sallust, Cat. c. 26. Cisalpine Gaul had fallen to the lot of Anto- nius, but Macedonia was by far the richer province of the two. AGAINST CATILINE 241 Page. Cicero afterward laid down the government of Cisalpine Gaul, 46 which he had thus received in exchange, and Q. Metellus Celer, at that time praetor, was chosen in his place. (Ep. ad Fam. 15, 4.-Or. in Pis. 11.) 1. Pro cxercitu. The army which he would have commanded in 47 the province of Macedonia. 2. Pro provincia, &c. Alluding, not to Cisalpine Gaul, as Ma- nutius remarks, but to Macedonia. 3. Pro triumpho. Hc means the public chances of a triumph for operations abroad. 4. Pro clientelis, &c. "In return for the numerous clientships and connexions of friendship which I might have formed in my province, and which, notwithstanding, I here support with no less labour, by means of those resources which the city affords me." To prove the value of the sacrifice, he confesses how eager he is to establish clientships and connexions of friendship at home, by every means which his standing and influence in the city enable him to employ. "In return for my 5. Pro meis in vos singularibus studiis. conspicuous proofs of zeal in your behalf." 6. Quae dum erit infixa. "For as long as it shall be firmly fixed."-Firmissimo muro. "By one of the strongest of ramparts." 7. Fefellerit atque superaverit. "Shall have disappointed and triumphed over."-Parvum meum filium. His son Marcus. 8. Cui profecto, &c. "Who will find in "Who will find in you assuredly sufficient aid, not only as regards his personal safety, but also his future ad- vancement, if you shall bear in mind that he is the son of that man, who preserved from ruin, at his own individual risk, all these things by which you are now surrounded." 9. De summa salute vestra. "In a case that concerns your very existence." Literally, "your highest safety." 10. De aris ac focis. "That concerns your homes." Emesti correctly remarks, that, in the expression arac ac foci, both terms have a united reference to private dwellings, the ara referring to the altar of the Penates, and the focus to the hearth of the Lares, in each dwelling. Our English phrase, "altars and homes," is alto- gether inapplicable, in the sense that we attach to it, by "altars" being meant public places of worship.-Compare Ernesti, Clav. Cic. s. v. ara. 11. Universa republica. "Your country at large." CC 12. Diligenter, ut instituistis, &c. Promptly and firmly, as you have already begun to do." The expression ut instituistis refers as well to the promptness and energy displayed by Silanus 21 242 FOURTH ORATION AGAINST CATILINE. Page. 47 and other senators in the course of the present debate, as to the opinions of certain members of that body during their deliberations at the previous meeting. Compare Or. in Cat. 3, 6: "Dictae sunt a principibus acerrimae ac fortissimae sententiae,” &c. 13. Per se ipsum praestare. "Take on himself and execute." Quoad is introduced before possit in some MSS., and Graevius and Ernesti both approve of it, on the ground of its being more modest than the ordinary reading, and displaying more of the "concinnitas Ciceroniana." Both reasons are weak. The language of Cicero, as we have given it, shows the firm resolve and conviction of an undaunted and patriotic mind, sure of accomplishing its object, and encouraging others by this very appearance of decision. And as for the "concinnitas Ciceroniana," it may be merely remarked, that there is no direct relation whatever between quoad vivet and quoad possit, the connexion is between dubitet and possit. NOTWITHSTANDING the strenuous efforts of Cicero, in this oration, to have prompt and vigorous measures taken against the conspirators who were in custody, a large majority of the senators, and among them Cicero's own brother, Quintus, were disposed to side with Caesar, prob- ably from the fear, lest severe measures might prove injurious after- ward to Cicero himself. At last, Lutatius Catulus, Caesar's inveterate foe, and Cato, who was then tribune of the commons elect, interposed their efforts. The eloquence of the latter proved triumphant, and the course he recommended was almost unanimously adopted. (Consult Plutarch, Vit. Cic. c. 20, seq.-Id. Vit. Caes. c. 7, seq.-Id. Vit. Cat. Min. c. 22.-Suet. Caes. 14.-Appian. B. C. 2, 5, seqq.) ORATION FOR THE POET ARCHIAS. Page. 1. M. TULLII CICERONIS, &c. “Oration of M. Tullius Cicero 48 in defence of the poet Archias."-This is one of the Orations of Cicero on which he has succeeded in bestowing the finest polish, and it is perhaps the most pleasing of all his harangues. Archias, a native of Antioch, came to Rome when about eighteen or twenty years of age. He was rewarded, for his learning and genius, with the friendship of the first men in the state; and, under the patronage of Lucullus, with whom he travelled, he obtained the rights of citizenship at Heraclea, a confederate and enfranchised town of Lucania. He assumed upon this, as was customary, his patron's family-name of Licinius. A few years afterward, a law was enacted, conferring the rights of Roman citizens on all who had been admitted to the freedom of federate states, provided they had a settlement in Italy at the time when the law was passed, and had asserted the privilege, before the praetor, within sixty days from the period at which it was promulgated. With this form Archias complied, and for more than twenty years his claims were never called in question. At length, a certain individual. named Gratius, accused him of not having any just title to the character of a Roman citizen, and attempted to drive him from the city, under the enactment expelling all foreigners who usurped, without due right, the name and attri- butes of Roman citizens. The records of Heraclea having been destroyed during the Social war, and the name of Archias not appearing in any census of Roman citizens, certain doubts were thrown on the legal rights of his client. Cicero, therefore, enlarges on the dignity of literature and poetry, and the various accomplishments of Archias, which gave him so just a claim to the privileges he enjoyed. He beautifully describes the influence which study and a love of letters had exercised on his own 243 244 ORATION FOR THE Page 48 character and conduct. He had thence imbibed the principle, that glory and virtue should be the darling objects of life, and that, to attain these, all difficulties and dangers were to be despised. The praetor who presided on this occasion had been supposed to be Quintus Cicero, brother of the orator: the ancient commentary on this oration, discovered by Maio, fully establishes this point.-The date of the speech is A. U. C. 692, B. C. 62, and Cicero was then in the forty-sixth year of his age. 2. Si quid est in me ingenii, &c. "If there be aught of talent in me, O, Judges, and I am well aware how scanty that is; or if any experience in public speaking, in which I do not deny that I am moderately versed; or if any acquaintance with the theory of this same art, resulting from the zealous cultivation and disciplining influence of the most liberal studies, from which I acknowledge that no portion of my life has ever been enstranged," &c. Ménage tells a curious story, that the first sentence of this oration cost Patru four years to translate, and that, after all, he omitted "quod sentio quam sit exiguum." (Menagiana, 2, 19.) C( 3. In qua, &c. Cicero, as Hottoman remarks, has here acci- dentally fallen upon an hexameter, from in qua to esse inclusive. 4. Hujusce rei ratio aliqua. The expression hujusce rei refers to public speaking; while by ratio is meant theoretical and critical skill. Compare the definition of the latter term, as given by 1. C. Emesti, in his Lexicon, Technol. Lat. Rhet. p. 320: "Ratio dicendi, omnium earum rerum, quae ad artem dicendi vel eloquen- tiam tradendam pertinent, accuratam doctamque institutionem complectitur." 5. Hic A. Licinius. CC. My friend Aulus Licinius here." student will note the force of the pronoun hic in this clause.-Two MSS. subjoin Archias, but the one which we have given is undoubt- edly the true reading, since Cicero would purposely, at the com- mencement of his speech, employ only the Roman part of his client's J The name. 6. Repetere. "To claim in return." As the farmer seeks a return of produce, for the labour of cultivation.-Prope suo jure. "By a right almost peculiarly his own. * 7. Nam quoad longissime, &c. For as far back as my mind can possibly look over the period of the past, and recall the most distant reminiscences of boyhood, reviewing my career even from that early day, I see this one to have been my chief adviser and guide for attempting, and for entering on the path of these oratorical studies." The meaning of principem here is best given by the two POET ARCHIAS. 245 Page. English terms, "adviser and guide." By rationem studiorum is 48 meant the theoretical pursuit of private studies. 8. Ad ingrediendum, &c. Cicero here means to allude to his earlier studies, since his later ones were pursued under other instructers. 9. Pueritiac. Cicero was about five years old, when he was first placed under the care of Archias. 10. Conformata. Moulded." Compare Ernesti, Lex. Techn. p. 82, Conformatio dicitur, cum res informis fit elegans et for- mata." 11. A quo id accepimus, &c. "From whom we received that, by which we might be enabled to lend aid to the rest of our fellow- creatures, and preserve others from injury." 12. Ac ne quis a nobis, &c. And lest any one may chance to wonder, that such a remark as this is made by me, because there is in this individual a different kind of genius, and not that theoretical o practical acquaintance with public speaking to which we aspire, not even we ourselves have ever been exclusively devoted to this one pursuit." Since Archias was a poet and not an orator, Cicero thought it might perhaps appear strange to some of his auditors, to hear him assert that he had derived so much benefit from the former. (6 13. Hacc dicendi ratio, &c. Observe the peculiar force of haec, and consult, as regards the meaning of ratio, what is remarked under note 4. 14. Ne nos quidem uni, &c. The MSS. and early editions have cuncti in place of uni. This latter reading is an emendation of Ernesti's, and has been very generally adopted by subsequent editors. It is evidently required by the context, and stands opposed to penitus.-By huic uni studio is meant oratory. 15. Elenim omnes artes, &c. "For all those arts, that have relation to liberal knowledge, possess a kind of common bond of union, and are connected together by a species of natural affinity." The liberal arts are meant. 16. Humanitatem. The term humanitas is applied by the Latin writers to liberal and polite studies, from their humanizing influence on the mind. Compare the language of Aulus Gellius, 13, 16: “Qui verba Latina fecerunt, quique his probe usi sunt, humanita- tem appellaverunt id propemodum quod Gracci maideìav vocant, nos eruditionem institutionemque in bonas artis dicimus; quas qui sinceriter cupiunt appetuntque, hi sunt vel maxime humanissimi.” 1. In quaestione legitima. "In the discussion of a mere legal 49 question." The point involved in the present case, respecting the 21* 246 ORATION FOR THE Page. 49 citizenship of Archias was a strictly legal one.—In judicio publico. It was in fact only a case about the private right of citizenship, but then the question turned on the interpretation of a public law, which consequently gave the trial a public aspect. 2. Cum res agatur, &c. "When a case is plead before a praetor of the Roman people, a most accomplished individual, and before judges of the gravest character." Severissimos, in this sen- tence, is regarded by some commentators, as referring to the strict impartiality of the bench whom Cicero is addressing. It certainly has this meaning elsewhere, but in the present instance the one which we have assigned to it is undoubtedly preferable. Cicero means, that the mode of defence, which he is going to adopt, may perhaps, at first view, seem unsuited to the grave character of the judges before whom he is to speak, who would expect merely a formal and technical discussion of a dry legal point, and not a flight of oratory about the beneficial effects of liberal' studies. 3. Praetorem. It used to be a warmly-contested point who the praetor was that presided on this occasion. The old commentary discovered by Maio settles the question. The praetor was Cicero's brother, Q. Cicero, himself an epic and tragic poet. The words of the commentary are: "Hanc enim causam, lege Papia, de civitate Romana, apud Quintum Ciceronem dixit," &c. 4. Judices. In conformity with the Aurelian law of L. Aurelius Cotta, passed during the consulship of Pompey and Crassus, the judges on public trials were selected, at the time this case was plead, from the senators, equites, and tribunes of the treasury. (Consult note 15, page 43.) These judices formed a select coun- cil, who assisted the praetor with their advice. They sat by him on subsellia, or benches, and are hence often called his assessores. 5. Quod non modo, &c. Which is at variance with not only the custom of public trials, but even with the mode of pleading that is usual at the bar." Hence he fears, lest it may not seem to comport with the grave character of the court before which he is speaking. 6. Ut in hac causa, &c. "To grant me this indulgence in the present case, an indulgence well-suited to the character of the accused, and, as I hope, not disagreeable to yourselves; that you permit me, namely, when pleading in behalf of," &c. 7. Hac vestra humanitate, &c. "Before a bench as distin- guished as yourselves for liberal knowledge, and while such a praetor, in fine, as the present one, presides at this trial." Hoc praetore suits well the language of one brother to another; a higher strain of compliment would have been out of place. POET ARCHIAS. 247 Page 8. De studiis humanitatis, &c. "To enlarge, with somewhat 49 more freedom than is usual here, on liberal studies and literature in in general, and, in the case of such an individual as this, who, on account of his retired and studious mode of life, has been by no means conversant with public trials, and the risks that attend them, to employ a novel and unusual mode of speaking.”—Tractata est is here equivalent to exercitata est. Compare the explanation of Döring. “Tractamus rem, quam attinginus, vel in qua nos exer- cemus; et sic ipsae res, sive personae, quae in aliqua re exercEN- tur, in ea tractari dicuntur. Consult also Ernesti, Clav. Cic. s. v. tractare. 9. In ejusmodi persona. Referring to Archias. Passeratius makes the allusion to be to the orator himself, of which explanation Burmann (ad Ov. Rem. Am. 381) approves. Both, however, are wrong. Consult Ernesti, Clav. Cic. s. v. tractare. 10. Novo quodam, &c. The novel kind of speaking, to which Cicero alludes, is the introduction of literary topics into the discus- sion of a legal point. 11. Perficiam profecto, &c. "I will assuredly cause you to entertain the conviction, that my friend Aulus Licinius here, not only ought not, as he is a citizen, to be excluded from their number, but even ought, if he were not a citizen, to be admitted among them." 12. Nam ut primum, &c. From his being subsequently called praetextatus, Archias must at the time here alluded to have been about 14 or 15 years of age. 13. Ad humanitatem informari. "To be trained up to liberal knowledge." More literally, "to be moulded." Compare the explanation of Manutius, "Quasi formae initium a literis accipiat puerilis aetas, quae per se informis esset." 14. Ad scribendi studium. "To poetic composition." More literally, "to the study of composition." Some of the epigrams of Archias are preserved in the Anthology, vol. 2, p. 80, seqq. cd. Jacobs. His poetical merits are evidently overrated by Cicero. 15. Loco nobilî. "Of a distinguished family."-Celebri quon- dam urbe. "A city once populous and flourishing." As regards the force of celeber compare Ernesti, Clav. Cic. s. v. "Abundans incolis et frequens." So ad Herenn. 2, 4, "Locus celebris an desertus."-The words urbs, oppidum, locus, when in apposition to names of towns, as the place where any thing occurs, may be in the ablative without in, though the name of the place be in the genitive. 16. Eruditissimis hominibus, &c. Abounding in the most learned men, and conspicuous for an attachment to the most liberat << 248 ORATION FOR THE Page. 49 studies." What the grammarians call a zeugma operates in afflu- enti, that is, our idiom requires a different meaning for each clause. 17. Ei. We have inserted this pronoun into the text on the suggestion of Lambinus and Ernesti. It is also given by Schutz. 18. Sic cjus adventus celebrabantur, &c. "His arrivals were attended with so much eclat, that the expectation formed of the individual exceeded the fame of his talents, his arrival itself, and the admiration it excited, surpassed the expectation to which he himself had given rise." 19. Graccarum artium ac disciplinarum. "Of Graecian arts and culture."-Studiaque huec. Referring to liberal studies in general. -Vehementius. "With more ardour." 20. lisdem in oppidis. He uses the term oppidis purposely, as indicating places of inferior rank to the capital, Rome, which was properly called urbs. 21. Non negligebantur. A litotes, for maxime florebant. 22. Qui aliquid de ingeniis, &c. "Who were able to form any estimate of talents," i. e. who were intelligent enough to mark the existence of talent in another. 23. Hac tanla celebritale famae. "Amid this so brilliant a reputation.”—Absentibus. Referring to those who were absent at the time, and, of course, personally unacquainted with him. 50 1. Mario consule et Catulo. C. Marius was seven times consul; this was his fourth consulship, A. U. C. 650. Of Catulus Cicero speaks in high terms, Orat. 2, 7, and elsewhere. ear." 2. Nactus est primum, &c. He found, in the first place, those individuals in the consulship, of whom the one could furnish the noblest subjects for poetic composition, the other both memorable actions, and also an attachment to liberal studies and a practised By the first of these is meant Marius, whose exploits over the Teutones and Cimbri were celebrated in verse by Archias: the other is Catulus, who shared with Marius the glory of the Cimbrian victory, and was also, as Cicero styles him, (Brutus, c. 35,) “vir doctus et disertus." He wrote the history of his consulship, after the manner of Xenophon, and dedicated it to A. Furius, the poet Cicero, elsewhere, (de Off. 1, 37,) ascribes to the Catuli, father and son, “exquisitum litterarum judicium.” 3. Aures. Referring, not merely to his listening with attention to the recitations of Archias, but also to his being enabled, by good taste and a practised ear, to pass an accurate opinion on the pro- ductions of the bard. Compare the remark of Manutius: “Aures: Quae, quod audirent judicare possent," and also that of Döring. POET ARCHIAS. 249 Page. “ Aures adhibere, h. e. percipere et dijudicare carminum pulchritu- 50 dinem.” 4. Adhibere. We have rendered this verb by our English term "to furnish," i. e. exhibit or display, rather than have recourse to an awkward zeugma, as recommended by Döring. 5. Luculli. The two brothers, L. Licinius and Marcus Lucullus. The former was the eminent commander, whose biography is given by Plutarch. 6. Praetextatus. "A mere youth." A Roman term applied to a foreigner. Among the Romans, young persons wore the toga praetexta until they were seventeen years of age, when they assumed the toga virilis. Cicero, most probably, does not mean to designate very closely the age of Archias, and the latter perhaps may, at the time here alluded to, have actually passed the period of seventeen : he only means to speak of him as possessing attainments the more remarkable on account of his extreme youth. 7. Non solum ingenii, &c. "Was owing, not only to his genius and literary acquirements, but also to his amiable temper and virtu- ous disposition."—Domus. Referring to the family of the Luculli. 8. Illi Numidico. "The celebrated Numidicus." The pronoun ilc has here the force of the Greek article when used emphatically. Metellus received the title of Numidicus, from his having defeated Jugurtha in two battles, and made himself master of nearly all Numidia. Jugurtha, however, was finally taken captive and the war ended by Marius. Still Metellus was, in fact, the true victor, having been recalled when on the eve of terminating the contest. 9. El ejus filio Pio. "And to his son Pius." The son of Q. Metellus Numidicus received the cognomen of Pius, from his having obtained, by his entreaties, from the Roman people, the recall of his father from exile. Compare Cic. Or. in Senat. post red. c. 15: “Pro me non ·····ut pro Q. Metello, summo et clarissimo viro, spectata jam adolescentia filius deprecatus est."-Among the Ro- mans, the terms pius and pietas indicated not only duty towards the gods, but also to one's country, parents, relations, friends, &c. Hence, in the present instance, the appellation Pius conveys the idea of filial duty. Compare Cic. de Off. 3, 23: “ Ipsi patriae conducit pios habere cives in parentes." 10. Audiebatur a M. Aemilio. He found a hearer in M. Aemilius," i. e. M. Aemilius was one of his hearers. The allusion is to the poet's recitations in private circles.-The Aemilius here meant is the famous M. Aemilius Scaurus. Consult Historical Index. 11. Vivebat. "He lived on terms of intimacy." 250 ORATION FOR THE Page. 50 12. Colebatur. "He was highly esteemed." 13. Lucullos vero, &c. Whil, holding as he did the Luculli, and Drusus, and the Octavii, and Cato, and the whole family of the Hortensii, attached to himself by habits of intimacy, he was hon- oured by them with marks of the highest regard." 14. Drusum. M. Livius Drusus, tribune of the commons, who had promised the people a law about admitting the Italian allies to the rights of citizenship. He was slain at his own home by Q. Va- rius. Consult Historical Index. 15. Octavios. The two Octavii, Cneius and Lucius.-Calonem. Probably, M. Cato, the father of Cato Uticensis. Compare Manu- tius, ad loc. - 16. Colebant. "Courted his acquaintance.”—Qui aliquid, &c. "Who were really desirous of making some literary acquisitions and becoming his hearers," i. e. of improving themselves by becom- ing his auditors.-Si qui forte simulabant. Whoever chanced to affect this desire." 17. Interim satis longo intervallo. "Some considerable time after this." 18. In Siciliam. Some of the early editors have Ciliciam, and Ilgen attempts to defend it as the true reading. Most of the MSS., however, give Siciliam.-This journey of Lucullus does not appear to have been made in any public capacity. Ilgen, in attempt- ing to prove Ciciliam the true reading, thinks it probable that Lu- cullus, in order to qualify himself for public affairs, followed in the train of Sylla, when the latter was sent as propraetor to that country. This is all, however, a purely gratuitous supposition. (Ilgen. Animadv. Hist et. Crit. in Orat. pro Arch. p. 12, seqq.) 19. Heracleam. In Lucania, between the rivers Aciris and Siris. Consult Geographical Index. 20. Quae cum esset, &c. "And since this state enjoyed very favourable privileges, and a very advantageous alliance with us," i. e. very favourable privileges by reason of an advantageous alliance with us. The alliance here referred to was made with Rome, at the time that Pyrrhus was in Italy, A. U. C. 475.-A zeugma, as will be perceived, operates in acquissimo. 66 21. Data est civitas, &c. By the law of Silvanus and Carbo, the rights of Roman citizenship were granted to strangers, in case any of them had been enrolled as citizens by the states in alliance with Rome, provided they had a domicil in Italy at the time when the law was passed, and provided also they made their claim under the law, before the praetor, within sixty days after the passage of the same." Cicero quotes here, in part, the very language of the POET ARCHIAS. 251 Page. law, with the change merely from the present to the past tense on 50 account of data est which precedes. The two quotations are com- monly printed in capitals, but incorrectly, since the change of tense precludes, of course, the idea of their being the ipsissima verba of the law. 22. Silvani lege et Carbonis. The individuals here meant were M. Plautius Silvanus and C. Papirius Carbo. They were tribunes of the commons when the law in question was proposed by them, A. U. C. 664. It is sometimes called lex Plautia, from the nomen of Silvanus. Consult Legal Index. 23. Multos jam annos. Many years before this." He came to Rome A. U. C. 652, and hence had been residing there twelve years before the passage of the law.-Q. Metellum. Manutius thinks that Q. Metellus Creticus is here meant, but Ferratius, with more probability, Metellus Pius. (( 24. Si nihil aliud, &c. "If we are to treat, on the present occasion, of nothing else except of his citizenship at Heraclea, and the application of the law in that case, I have nothing farther to say; my cause is plead," i. e. if I am to confine my remarks, on the present occasion, to the fact of his being an admitted citizen of Heraclea, &c.-The law referred to is that of Silvanus and Carbo. 25. Grati. Some editions read Gracche, but Grati rests on better MSS. authority, and is given by Ernesti, Orellius, &c. Ilgen thinks, that, as the gens Gratia is unknown to us, the individual here meant was most probably Numerius Quinctius Gracchus, tribune of the commons, A. U. C. 697. But does it follow, as a matter of course, that the accuser, in a case like the present, must be a mem- ber of a family that is known to us? 26. Tum. “At the time already mentioned," i. e. the period of his visit to Heraclea in company with Lucullus. 27. Summa auctoritate, &c. "Of the highest credit, the most scrupulous regard for truth, and the strictest integrity." Religio here refers to the scrupulous caution that ought to be observed in giving testimony, so that the whole truth may be told but nothing beyond. Compare the general definition of Ernesti, "Religio est summa in quacunque re diligentia, ne quid minus recte fiat." (Clan. Cic. s. v.) 28. Qui se non opinari, &c. "Who states, that he does not think it was so, but knows it as a fact; that he did not hear it from others, but saw it with his own eyes; that he was not present merely, but was himself an actor in the affair," i. e. aided Archias in obtaining the rights of citizenship at Heraclea, by his personal interference, 252 ORATION FOR THE ! Page. 50 29. Cum mandatis, &c. "With written documents and public testimony." The deputies from Heraclea brought with them such written documents and proofs as might, in the absence of the origi- nal registers, tend to furnish the next best means for substantiating the claims of Archias. 51 1. Heracleensem. "As a citizen of Heraclea," i. e. the freedom of the city had been conferred on him, not being a citizen by birth. Lambinus and Ernesti propose Heracleae esse, considering adscrip- tum as a mere gloss. 2. Tabulas publicas. "The public registers." The lists con- taining the names of the citizens. 3. Italico bello. The war made by the Italian allies (hence called likewise the social war) upon the Roman republic, in order to extort from it, by force of arms, the rights of citizenship. From the Marsi having begun it, this war is sometimes denominated the Marsic. 4. Tabulario. The registry." The office where the public records were kept. Compare note 2. 5. Ad ea, quae habemus, nihil dicere. "To say nothing with regard to the evidence that we have."-Quae habere non possumus. The public register which has been destroyed. 6. De hominum memoria tacere. "To be silent as to the testi- mony of men," i. e. as to what is testified, in the present case, by Lucullus and the Heracleans. 7. Literarum memoriam flagitare. "To insist on that of re- cords." 8. Cum habeas. “ Although you have.”—Integerrimi municipii. "Of a free city of the strictest honour." When this oration was delivered Heraclea was a municipium; when Archias obtained from it the rights of citizenship, it was a civitas foederata. 9. Quas idem dicis, &c. "Which even you yourself confess are accustomed to be falsified." 10. At domicilium, &c. "But, you will say, he had not his domicil in Italy." Cicero here anticipates a frivolous objection of Gratius, that Archias had not fulfilled the first requisite of the law. The common text has Romae, for which we have substituted in Italia, a conjecture of Lambinus, which Ernesti and others adopt. The law required a domicil in Italy, not at Rome: this latter pro- vision would have been absurd. Cicero's argument, therefore, is briefly this if Archias lived at Rome many years before he was enrolled as a citizen of Heraclea, he must necessarily have had a domicil in Italy. Now, that he so dwelt at Rome is well ascertained; consequently he fulfilled, as regarded a domicil, all the provisions of the enactment. • POET ARCHIAS. 253 Page (6 11. Ante civitatem datam. Namely, at Heraclea.-Sedem om- 51 nium rerum, &c. 'The seat of all his efforts and all his fortunes." 12. At non est professus. "But he did not make his claim under the law." Anticipating a second objection from his opponent. 13. Immo vero, &c. Nay, indeed, he did do so, in those very registers, which are the only ones connected with that claiming of the rights of citizenship, and with the college of praetors, that possess the authority of public documents." Cicero means, that Archias not only claimed in due season the rights of citizenship, but had his name enrolled in those registers which were considered the most accurately kept. These were the registers of Metellus, those of Appius and Gabinius being regarded, for the reasons which he specifics, as of little or no authority. 14. Nam cum, &c. "For, whereas the registers of Appius were said to have been kept in too careless a manner, while the corrup- tion of Gabinius, as long as he escaped impeachment, the ruin that overtook him after condemnation, deprived his registers of all credit; Metellus, on the other hand, of all men the most scrupulous and the most observant of the laws, displayed so much exactness in his own, as to have come before Lucius Lentulus, the praetor, and the judges who were sitting with him, and to have declared that he was rendered uneasy by the erasure of a single name."—Cicero here places the registers of Metellus in direct opposition to those of Appius and Gabinius, and cites a little anecdote to show how care- ful and scrupulous a man the former was. His argument then be- comes a very strong one. If the name of Archias be found in the registers of a praetor so famed for his exactness as Metellus was, this circumstance furnishes the best possible proof in support of the poet's claim. 15. Appii. Appius Claudius and P. Gabinius Capito were prae- tors along with Metellus, in the year when Archias was registered. Gabinius, after returning from his government of Achaia, was ac- cused of extortion by Lucius Piso, and condemned, and hence his disgraceful fall destroyed the credit of his register, which his previ- ous corruption had already greatly impaired. 16. Modestissimus. Equivalent here to legum observantissimus. Compare the remark of Döring, "homo enim modestus vel maxime modestiam suam probat diligenter observando ea, quae eum obser- vare decet." Hence, Or. post red. in Sen. c. 2, the expression modesti consules is applied to magistrates who shrink from the idea of doing any thing in violation of the laws." (Ernesti, Clav. Cic. s. v.) 17. Judices. The assessores of the praetor. Consult note 14, page 49. 22 254 ORATION FOR THE Page. 51 18. His igitur tabulis. The student will observe the force of the pronoun his in this clause, referring to the great care and dili- gence with which the register of Metellus was kept. 19. Nullam lituram, &c. "You see no erasure in the name of Aulus Licinius." We have considered in nomen, with Emesti, as equivalent here to in nomine. It may also be differently construed by supplying inductam.—Cicero's argument is a simple but conclu- sive one. If the name of Archias was contained in the register of Metellus ; if there was no erasure about this name; and if Metellus was so scrupulous a man as to have been rendered uneasy, on one occasion, by an actual erasure, and to have openly stated this in court before the praetor and his associate judges, all this forms the strongest possible argument in favour of Archias. 20. Mediocribus multis, &c. "On many individuals of merely moderate abilities, and having either no profession at all, or else some humble one.' "" 21. In Graccia. Referring to Magna Graecia, in Southern Italy, as appears at once from the names immediately after subjoined, Rheginos, Locrenses, &c., denoting communities in that quarter. 22. Rheginos, credo, &c. "I am to take it for granted, that the inhabitants of Rhegium, or of Locri, or of Neapolis, or Tarentum, were unwilling to bestow that favour on this individual, though enjoying at the same time the highest reputation for talents, which they were accustomed to lavish on mere actors." The whole sen- tence is ironical, of which credo is the index. The favour alluded to is the right of citizenship. 23. Scenicis artificibus. Equivalent to histrionibus. So the Greeks sometimes denominated actors, οἱ περὶ τὸν Διόνυσον τεχνῖται, and Alovvotakoi Texviral. Compare Wesseling, ad Diod. Sic. 4, 5, Διονυσιακοὶ τεχνῖται. vol. 3, p. 452, ed. Bip. 24. Quid? cum ceteri, &c. Cicero asks, whether Archias can, with any justice, be deprived of his citizenship, who was actually enrolled in several cities of Magna Graecia, but preferred being re- garded as a citizen of Heraclea, when so many foreigners have sur- reptitiously had themselves registered in these same cities not only subsequent to the Plautian, but also to the Papian law. They escape with impunity, whereas he who acted with perfect good faith is sought to be injured. 25. Legem Papiam. By the Papian law, named from its pro- poser, the tribune C. Papius, A. U. C. 688, in the consulship of Cotta and Torquatus, it was ordained, that all foreigners should be expelled from the city: "ut peregrini urbe pellerentur." In con- sequence of this enactment, many foreigners managed to have their POET ARCHIAS. 255 Page. names surreptitiously inserted in the registers of the free towns of 51 Italy, as citizens of the same, by which means they evaded the law. 26. In eorum municipiorum, &c. Alluding to Rhegium, Locri, &c. These were now municipia, under the Julian law, but had been civitates foederatae when Archias obtained from them the rights of citizenship. Consult Legal Index. 27. Irrepserint. By clandestine means. Alluding most prob- ably to the corruption of the magistrates who had charge of these registers. 28. Census nostros, &c. "You ask, forsooth, for the lists of our censors," i. c. you demand that the census-lists be produced. Gratius maintained that the name of Archias was not upon the books of the censors. Cicero replies, that, at those times when the census was taken, Archias was absent from Rome with Lucullus, and that when he was present in Rome, no census for the year was made. 29. Est enim obscurum. "For it is, it seems, a fact not gener- ally known." Ironical.-Proximis censoribus. "That, under the last censors." The censors referred to were L. Gellius and Cn. Lentulus, A. U. C. 683. 1. Hunc. Referring to Archias. 52 2. Superioribus. "That under the censors immediately pre- ceding the last." These were L. Marcius Philippus and M. Per- perna, A. U. C. 667, after whom the census was for a long time intermitted. 3. Cum codem quaestore. "With the same individual, then filling the office of quaestor.' 4. Primis. "That, under the first censors after he received the rights of citizenship." These were L. Julius Caesar, and P. Licinius Crassus, A. U. C. 664. 5. Nullam populi partem, &c. "No part of the people was rated,” i. e. no census was taken of any portion of the people. In consequence of no census having been taken on this occasion, Philippus and Perperna were chosen censors three years after, instead of five, the usual interval, in order to remedy the omission. The census had not been held, because the censors were too much occupied with the arrangement of eight new tribes, composed of foreigners who had just been admitted to the rights of Roman citizens. Archias, residing in Rome at the time, was consequently not rated. 6. Sed, quoniam census, &c. "But still farther, since the mere entry on the books of the censors does not, of itself, establish the right of citizenship." 256 ORATION FOR THE Page. 52 7. Ita se jam tum, &c. "Conducted himself, at that period, so much like a citizen, as to be able to have his name enrolled among them." After ita supply ut censeri posset. ܓܐ 64 8. His temporibus, &c. "At those very times when, as you allege, he was not, even in his own opinion, in the enjoyment of the rights of Roman citizens." More literally, at those times, with reference to which (quoad quae) you allege that he," &c. This construction of quae, as depending on quoad, or something equiva- lent understood, will save us the necessity of reading queis with Graevius, in place of quae, or of supplying, with Ernesti, after criminaris, some such expression as dicendo, or cum dicis. 9. Testamentum fecit, &c. Cicero shows, that Archias, at the time alluded to, was actually a Roman citizen, from the three following circumstances: 1. From his making a will according to the Roman laws, which none but a Roman citizen could do. 2. From his succeeding to inheritances left by Roman citizens, which a foreigner could not do. 3. From his having obtained a recom- mendation to the state for good conduct. 10. Et in beneficiis, &c. "And his name was carried to the public treasury, in the list of the beneficiaries, by L. Lucullus the proconsul." Whenever any individual had distinguished himself in the public service, he was recommended by the magistrate, or governor, under whom he acted, to the government at home. A list, containing the names of such persons, was made out by the one who recommended them, and was deposited by him in the public treasury, or archives of the state. The persons thus noticed were called beneficiu, (i. e. beneficiarii,) because advantages of some kind or other were always sure to be reaped by them. This hon- our, however, could of course only be enjoyed by Roman citizens, and hence Archias must have been one of the latter. (Consult, as regards the beneficia of the Romans, the remarks of Gronovius de Pecun. vet. 3, 17, and Manutius ad loc.) 11. Proconsule. The common text has praetore et consule, for which we have given proconsule with Graevius. The reason of the change is simply this; the lists referred to in the text were made almost always by the provincial magistrates, and as one of the MSS. collated by Graevius has P. R. consule instead of praetore et consule, the change to proconsule seems a very rational one. Ernesti observes of it, "Verissime Graevius corrigit Proconsule.” 12. Quaere argumenta, &c. "Seek for other proofs of Archias's not being a citizen, if you can find any. For never will he be refuted by any thing appearing either in his own conduct or that of his friends." The common text has judicio, for which we have POET ARCHIAS. 257 Page. given indicio, on the conjecture of Ilgen.-Suo refers to Archias`s 52 having fulfilled all the requisitions of the law, and amicorum to the conduct of Lucullus in particular, in having added the name of the poet to the list of the public beneficiaries. Nothing, argues Cicero, can be derived from these two sources unfavourable to the claim of Archias, but, on the contrary, every thing in support of it. 13. Quia suppeditat nobis, &c. "It is because he supplies us with that, by which both our minds can be refreshed after emerging from this din of the forum, and amid which our ears, stunned by the wrangling of litigation, may begin to taste of repose." A beautiful allusion to the charms of literary society and leisure, after labo- rious professional labours have been brought to their daily close. Ubi is to be repeated with et aures, and takes a new meaning in this latter clause, being here equivalent to in quo, whereas in the beginning of the sentence it has the force of a quo, or rather the simple case of the instrument, quo. "That we can have what to 14. Suppclere nobis posse, &c. say," &c.-Rerum. "Of matters that present themselves," i. e. cases, subjects for pleading. 15. Nisi excolumus. "Unless we assiduously cultivate." Tantum contentionem. "So long-continued exertion." More literally, "to be kept so long upon the stretch." A metaphor taken from the bending of a bow, or any thing of a pliable nature, which loses its pliability in some degree by being too long bent. 16. Nisi relaxemus. "Unless we unbend them."-Relaxo is here directly opposed to contentio, and is elegantly employed for reficio or recreo. The cramping and narrowing effect of mere professional studies is very pithily alluded to in the well known saying. οἱ αὐτοὶ περὶ τῶν αὐτῶν τοῖς αὐτοῖς τὰ αῦτα, as well as in the δις κράμβη θάνατος. 17. His studiis. Referring to literary "pursuits."--Ita se litteris abdiderunt. "Have buried themselves to such a degree amid literary studies." Cicero means, that they only are to be censured for their attachment to literary pursuits, who allow the world to reap no benefit from their labours; that in his case they form a source of advantage to his fellow-men, and one of the purest and truest delight to himself, calling off his mind from all the blandishments of pleasure. 18. Ut nihil possint, &c. "As to have been able neither to contribute any thing from these same studies to the common good, nor to bring forth any thing into the view of their fellow-men and the open light of day." Adspectum and lucem are here opposed to the retirement and comparative obscurity of the study. 22* 258 ORATION FOR THE Page. 52 19. Ab nullius tempore aut commodo. "From no man's danger or interests." Tempus is here elegantly used in the sense of periculum. Cicero uses the latter, a little farther on, in this very chapter, nunquam amicorum periculis defuit." The meaning here assigned to tempus is derived from another elegant usage in Cicero, by which the word in question is employed to signify the state or condition of an individual at any particular time, whether favourable or unfavourable. Hence arises its second meaning in Cicero, which is always controlled by the context, denoting in the present instance "danger," while in others it has the force of "interests,"" advantage," &c.-Some editions have commodum, connecting it with what follows. This seems quite inferior. 20. Otium meum. "A regard for my own leisure," i. e. the wish to devote my moments of leisure to literary relaxation and repose. 21. Ad suas res obeundas. "For attending to their private affairs."-Ad festos dies, &c. "For celebrating festal days, and enjoying the public spectacles connected with them.” Public spectacles, such as games, theatrical exhibitions, &c., formed an important part of festal celebrations. 22. Tempestivis conviviis. "To the revelries of the table." By convivium tempestivum, the Romans meant an entertainment which commenced before the usual time, and was continued late into the night, or prolonged till morning. The ordinary time for beginning the coena was the ninth hour or three o'clock afternoon in summer, and the tenth hour in winter.-In the expression tem- pestivum convivium some prefer intempestivum, as according better with the sense; the opposite, however, is successfully maintained by Graevius, Gronovius, Cellarius, Salmasius, and other critics. .. 23. Aleae. "To gaming." All games of chance went under the general denomination of alea, and were forbidden by the Cor- nelian, Publician, and Titian laws, except at the Saturnalia in De- cember. These laws, however, were not strictly observed. 24. Pilae. "To ball-playing." This was a favourite exercise with the Romans, and their most distinguished men engaged in it. "For reviewing these studies of 25. Ad haec studia recolenda. my earlier years." The allusion is to literary studies. 26. Quod ex his studiis, &c. "Because it is from these same studies, that this faculty of public speaking, which I cultivate, is estimated by others." Cicero means, that eloquence receives its truest lustre from literary studies, and that the more one is attached to the latter, the more completely will he be regarded as having attained to the former. Oratio et facultas is here equivalent to POET ARCHIAS. 259 Page facultas orationis. Some read crescit for censetur, but censetur is 52 more elegant. 27. Quantacunque est in me. "In whatsoever degree it exists in me." 1. Quae si cui levior, &c. "And if this appears to any one too 53 trifling in its nature to be here alluded to by me, I certainly know from what fountain-head to derive those qualifications that are most important in their character." Cicero, fearing lest his previous remark might savour too much of vanity, subjoins this modest observation. If the faculty of public speaking which I possess appears to any, as no doubt it does, of too trifling and limited a nature for me to make any boast of it, still I know in what studies to find those aids to oratory which will enable me to attain to the truest eminence. 2. Nam. Cicero now proceeds to show, in most beautiful lan- guage, what are those aids, furnished by literary studies, which lead to eminence in oratory. They are, according to him, those princi- ples of true wisdom, and that love for friends and country, which never fail to lead him who is governed by them to the fairest honours of eloquence. 3. Multorum praeceptis, &c. The term praeceptis refers to the lessons of philosophy, and litteris to the perusal of the poets, histo- rians, &c. 4. Magno opere expetendum. Deserving of being earnestly sought after."-Honestatem. "An honourable name." 5. In ea autem persequenda. "And that in its attainment."-- Parvi esse ducenda. "Are to be regarded as comparatively trifling." Parvi is what the grammarians call the genitive of price or estima- tion. << 6. Dimicationes. Referring here, and in what immediately fol- lows, to the conspiracy of Catiline. 7. Sed pleni omnes sunt libri, &c. "Full, however, are all the the books, full are the words of the wise, full is antiquity of great examples; examples that would all lie hid in obscurity, did not the light of letters approach to illumine them."-The love of country, argues Cicero, is fostered by the love of literature, for it is the latter that has rescued from oblivion those fair examples of devotion to country and to friends, with which all antiquity abounds. 8. Sapientium voces. Analogous to our English expression, "the voice of the wise," and referring to the writings of the philosophers. 9. Nisi literarum lumen accederet. This same idea is very beautifully touched upon by Horace, Ode 4, 8, 13, seqq. 10. Quam multas imagines, &c. "How many delineations of د 260 ORATION FOR THE Page. 53 the bravest of men, wrought out not only for our contemplation, but also for us to imitate, have both the Greek and Latin writers left behind them!" Imagines refers to the delineations of moral character. 11. Mihi proponens. Placing before my view."-Animum et mentem mean, &c. "Strove to mould my feelings and my thoughts, by reflecting on the characters of those illustrious men." (C 12. Illi ipsi summi viri, &c. Were those great men them- selves, whose merits have been handed down to remembrance by the aid of letters, versed in that learning which you extol by your encomiums?" Literally, "learned in that learning." The allusion is to liberal and polite acquirements. 13. Difficile est hoc, &c. Cicero will not undertake to say, that all the eminent men alluded to by him were trained up in the paths of literature. On the contrary, he acknowledges, that many of them were self-taught men, and owed their success, in a great degree, to the unaided force of natural talents. Yet he is convinced, that these native powers would have produced still fairer results under the fostering influence of liberal studies. 14. Sed tamen est certum, &c. "And yet what I am going to answer may be relied upon with certainty," i. e. is most certain. 15. Excellenti animo ac virtute, "Of superior ability and merit." --Et sine doctrina, &c. "And that, without the aid of learning, by the almost divine influence of nature itself, they have become, by their own exertions, discreet and influential men." 16. Naturae. Referring to natural abilities.-Moderatos. Com- pare the explanation of Döring: "Moderatos, h. e. temperantes, continentes, qui animum ad normam recti moderari et temperare possunt." 17. Ad laudem atque virtutem, &c. "That natural abilities, without the aid of learning, have oftener availed more for the pur- poses of fame and of virtue," i. e. for establishing a reputation for what is honourable and virtuous. 18. Atque idem ego contendo, &c. "And yet I at the same time contend, that when to natural abilities of an exalted and brilliant character there are added the directing influence, as it were, and moulding power of learning, then something or other great and ex- traordinary is accustomed to result."-Ratio refers to the method which learning generally imparts, and by which our mental move- ments become systematized.-Illud nescio quid. Literally, "That I know not what." Something or other. Compare, as regards the meaning of Cicero in this passage, the remarks in note 13. POET ARCHIAS. 261 Page. Contendo 53 19. Ex hoc esse, &c. "That of this number was." extends its force to this and the succeeding clauses. 20. Africanum. The younger Africanus. Consult Historical Index, and compare Cic. de Off. 1, 32: "Hic idem Africanus elo- quentia cumulavit bellicam gloriam.” 21. C. Laelium. Well known from Cicero's treatise on Friend- ship.-L. Furium. L. Furius was consul A. U. C. 617, and, ac- cording to Cicero, (Brut. 28,)“ perbene latine locutus est, et liter- alius quam ceteri." "The most discreet and 22. Moderatissimos homines, &c. continent of men." Consult note 16. 23. Et illis temporibus doctissimum. for those times." 24. M. Catonem illum senem. More commonly known as Cato the father of Cato Uticensis. "And a very learned man "Marcus Cato, the elder." censor, and the great grand- 25. Ad percipiendam, &c. "As regarded the knowledge and practice of virtue.”—Adjuvarentur. For adjuti fuissent. 1. Quod si, &c. “But even if so great advantages as these 54 were shown not to result."-Hanc animi adversionem, &c. "You would regard this employment of the mind as most worthy the dig- nity of a thinking being, and most liberal in its character." Com- pare, as regards humanissimam, note 16, page 48, and also the ex- planation of Doring: “Humanissimam, h. e. homine dignissimam et honestissimam,” 2. Nam ceterae, &c. "For other mental employments are not suited either to every period, or to every age or place; these studies, however, foster our earlier years, afford delight to our declining ones."-The MSS. all agree in reading agunt for alunt, but we have given alunt with Lambinus, Manutius, Orellius, and others, as more in accordance with the spirit of the passage. Ernesti has agunt, and explains it by acuunt, i. e. excitant. 3. Delectant domi, &c. "They impart gratification at home, they embarrass not abroad, they are with us during the vigils of the night, they roam with us in foreign lands, they are our companions amid the retirement of rural scenes."-Non impediunt foris. Lit- erary studies form no impediment to the successful discharge of public duties, but rather an aid.-Rusticantur. The attachment of the Romans to a country life, and their resorting to their villas dur- ing the heats of summer, are too well known to need comment. 4. Quod si ipsi, &c. "And even if we could neither ourselves prosecute them, nor taste the pleasures they afford by our own per ceptions." Attingere is here used in the sense of tractare, 262 ORATION FOR THE Page. 54 5. Tam animo agresti ac duro fuit. "Was possessed of a bosom so rude and so devoid of all feeling." Agresti is here equivalent to inhumano, i. e. if the term be allowed, "unhumanized." Roscius, the celebrated actor. Consult Historical 6. Roscii. Index. 7. Qui cum esset, &c. "Who, although he died advanced in years, yet seemed, on account of his surpassing skill and grace, to have been altogether undeserving of death," i. e. to have been worthy of living for ever. Venustatem is here equivalent to "ele- gantem corporis agilitatem, concinnos corporis motus." << 8. Corporis motu. By the mere movements of his person." Nos animorum, &c. "Shall we treat with neglect the movements of the mind, surpassing all belief, and the rapid play of talent?" i. e. shall we praise Roscius for the mere movements of his person, and neglect Archias when so much more conspicuous for the movements of the mind?-Ernesti thinks that we ought to read hos for nos. But the latter is far more emphatic. 9. Utar enim vestra benignitate. "For I will avail myself a little farther of your indulgence," i. e. I will trespass a little longer upon your attention.-In hoc novo genere dicendi. Compare note 2, page 49. 10. Cum literam scripsisset nullam. "Although he had not committed a single character to writing," i. e. without using his pen. 11. Dicere ex tempore. "Uttering on the spur of the moment.' Archias, in this, resembled the Italian improvisatori.-Revocatum. "When requested to repeat." Literally, "when recalled," a met- aphor borrowed from the custom of theatres, when an actor is recalled by the audience, and requested to repeat his part. 12. Commutatis verbis atque sententiis. "With a total change of words and ideas." 17 13. Accurate cogitateque. "With care and on reflection."-Ut ad veterum, &c. "As to have attained to the praise bestowed on the writers of old," i. e. to have equalled the productions of the best. days of Grecian literature. .. 14. Atqui sic accepimus. Why, we have received this," i. e. have learnt this. Ilgen reads atque on conjecture. But atqui suits better what precedes, and is more spirited. 15. Ceterarum rerum studia, &c. "That the successful pursuit of other matters depends on acquirements, and precepts, and art; that the poet, on the contrary, derives his power from nature herself, and is roused into action by the energies of the mind, and breathed into, as it were, by a kind of sacred influence." POET ARCHIAS. 263 Page. 16. Inflari. Compare the Greek evbovoiá(w, ¿µπvéw, &c., as ap- 54 plied to poets, and also the language of Ovid, (Fast. 6, 5) :- Est deus in nobis, agitante calescimus illo; Impetus hic sacrae semina mentis habet.” 17. Suo jure. of his own eminence as a votary of the muse. 18. Sanctos. "A hallowed race." &C By a right peculiarly his own," i. e. on account (C 19. Quod quasi, &c. "Because they seem to come recom- mended to us in the light as it were of a rich favour from the gods." The Latin writers, in order to convey an emphatic meaning, frequently join two words, that are exactly or nearly synonymous, in the compass of the same sentence, as, in the present instance, donum and munus. Some writers, indeed, on Latin style, endeavour to draw a distinction between these two terms, making donum a pure gift, no obligation being implied on the part of the giver, and munus, a present which usage or obligation requires. (Crombie, Gymnasium, vol. 1, p. 97.) But no such distinction operates in the present case, and certainly none in the following passage of Ovid, (A. A. 653) :---- Munera, crede mihi, capiunt hominesque deosque. Placatur donis Jupiter ipse datis." In the Pandects, also, donum and munus are frequently joined with each other, as, for example, lib. 38, tit. 1, leg. 7, 37, 47. Ulpian, however, insists, that donum is the generic term, and munus the special. (L. 194, D. de verb. signif.) 20. Humanissimos homincs. "Men most conspicuous for the culture of liberal knowledge."-Nulla barbaria. "No barbarous nation." << 1. Saxa et solitudines, &c. "Rocks and deserts respond to the 55 voice of the bard.” A beautiful allusion to echo, as the applause of inanimate nature.-Bestiae saepe immanes, &c. Savage beasts are often swayed by the influence of song, and stop in their career. An allusion to the fable of Orpheus. Compare Horace, Od. 3, 11, 14, "Tu potes tigres comitesque silvas," &c. 2. Instituli rebus optimis. "Trained up by the best systems of instruction," i. e. who have enjoyed the best educations 3. Colophonii. "The inhabitants of Colophon." One of the Greek cities of Ionia. For this and the other names that occur in the sentence, consult Geographical Index. 4. Chii suum vindicant. "The Chians claim him for their own." The inhabitants of the island of Chios, now Scio. 5. Salaminii repetunt, &c. "The people of Salamis demand him back, the Smyrneans, however, assure us that he is theirs." 264 ORATION FOR THE Page. 55 The verb repeto, as here employed, is remarkably lively and stri- king-The common line, respecting the cities that claimed the honour of being Homer's natal place, is as follows: " Smyrna, Rhodus, Colophon, Salamis, Chios, Argos, Athenae." There is no agreement, however, among writers, as regards these names. Some for Salamis substitute Cumae, others for Salamis and Rhodes have Pylos and Ithaca. Antipater of Sidon has left the following epigram in the Anthology “ “Ἑπτὰ πόλεις μάρναντο σοφὴν διὰ ρίζαν ‘Ομήρου, Σμύρνα, Χίος, Κολοφὼν, Ἰθάκη, Πύλος, 'Αγγος, ᾿Αθῆναι.” Leo Allatius, himself a native of Chios, in a work written on the subject of Homer's native country, argues strongly in favour of Chios. One of the main supports, however, of this theory, namely the line in the Hymn to Apollo, where mention is made of the "blind man" who "dwells in rocky Chios," is now removed, that poem not being Homer's. Of all the places referred to, Smyrna appears to have the best claim. 6. Delubrum ejus, &c. They have dedicated a temple to him." Literally, "a shrine of his." Consult the learned work of Gisbert Cuper, (Amst. 1683, 4to.) on a marble which has come down to us, with a representation on it of Homer's Apotheosis. 7. Contendunt. Weiske thinks, that de co, or some similar words, have been dropped from this clause. This supposition seems hardly necessary, considering all that precedes. 8. Alienum. "A mere stranger." Referring to Homer.- Hunc vivum. "This one while still alive." Alluding to Archias. 9. Et voluntate et legibus. "Both from inclination and by the laws." The laws of Rome respecting citizenship.-Repudiamus. "Are we rejecting." Some editions have repudiabimus, but the present is more emphatic, and is sanctioned by the greater number of manuscripts. 10. Omne studium atque omne ingenium. his talent." 11. Et Cimbricas res, &c. "He both, when a young man, treated of the operations against the Cimbri," i. e. the war with that invading host.-Attigit. The verb attingo means, to touch slightly upon, to engage in a thing in part, and hence it has been supposed that Archias merely commenced a poem on the Cimbric war, especially as Cicero, in the 11th chapter of this same oration, uses attigit and inchoavit together. "L "All his zeal and all 12. Ipsi illi C. Mario. "To the celebrated Caius Marius himself." The conqueror of the Cimbri. The pronoun ille has here the force of the Greek article when emphatic. POET ARCHIAS. 265 Page. 13. Qui durior, &c. “Who seemed cast in too rugged a mould 55 to favour these studies," i. e. to patronise or take any interest in literary men. 14. Tam aversus a Musis. "So averse to the society of the Muses," i. e. so great a foe to literary pursuits; possessing a mind so uncongenial to literary studies. Compare the Greek povoos. 15. Qui non manduri, &c. "As not readily to allow the eternal heralding of his labours to be consigned to verse," i. e. as not readily to allow the poet to consign his fame to the immortality of verse. 16. Themistoclem illum. "That the well-known Themisto- cles." 17. Quod acroama. "What performer." Acroama properly denotes any thing agreeable to hear, (from the Greek ikpoάopa‹,) a musical symphony of players, &c. It is then, as in the present instance, taken to signify a musician or performer. Compare Cic. pro Sexl. c. 54: " Ipse ille maximus ludius, non solum spectator, sed actor et acroama.” So Suetonius, Aug. 74, “Et aut acroa- mata aut histriones aut etiam triviales ex circo ludios interpone- bat." Ernesti, in an excursus to this latter passage, even goes so far as to assert, that, among Latin writers, acroama is always used of persons and never of things. This position, however, is an erroneous one. Still his explanation of the word itself may not be amiss in this place: "Acroamata, qui sive in theatris, sive in convivio, voluptatis causa audiuntur, musici omnes qui cantu nervorum, tibiarum et vocum, delectant aures." (C 18. A quo sua virtus, &c. By whom his merits might be best celebrated." The love of glory was the ruling passion of this illustrious Athenian. Compare, as regards the anecdote here related of him, the language of Valerius Maximus: "Themistocles, theatrum petens, cum interrogaretur, cujus vox auditu illi futura esset gratissima, dixit ; ejus a quo artes meae canentur optime.” (8, 14, 5.) 19. Item eximie, &c. "Was, for a like reason, strongly attached to Lucius Plotius." Ernesti regards Plotius as a poet; but Weiske, with less probability, makes him a rhetorician, and iden- tical with the one named in Suetonius, de clar. rhet. c. 2. 20. Mithridaticum vero bellum, &c. "The whole Mithridatic war, however, a great and a difficult contest, and one carried on with very varied success by land and sea, has been described in verse by this my friend." The particle vero is here employed as denoting opposition to what precedes. The exploits just alluded to were great and splendid, it is true, but the muse of Archias selected 23 266 ORATION FOR THE Page. 55 a still nobler theme. The Mithridatic war was carried on by the Romans, against Mithridates the 7th. surnamed Eupator, king of Pontus. It was an important and difficult contest, owing to the great talents and varied resources of Mithridates. The war was entered upon by Sylla, who was followed by Lucullus, and it was "brought to a close by Pompey. 21. Qui libri. And this poem." The term libri refers liter- ally to the "books" of which the poem in question was composed. -Illustrant. "Sheds lustre upon." 22. Populus enim Romanus, &c. "For the Roman people, with Lucullus for their commander, laid open Pontus. although hitherto strongly defended by both the resources of its monarch and the nature itself of the country." Of the merits of Lucullus, in this war, Cicero treats at large in the 8th chapter of the oration for the Manilian law. As regards the force of aperunt in the present passage, compare the oration just referred to, (l. c.) Patefactum- que nostris legionibus Pontum, qui ante Populo Romano cx omni aditu clausus esset.' >> (C 23. Non maxima manu. "With no very large force." The Roman infantry, on this occasion, consisted of about 10,000 men. There were also about a thousand slingers. The whole cavalry were likewise present, which Appian makes 500 in number. (Plut. Vit. Lucull. c. 27.—Appian. Bell. Mithrid. c. 85.) 24. Armeniorum. The battle was fought with Tigranes, king of Armenia, and son-in-law of Mithridates. His army is said to have been 250,000 infantry, and 50,000 cavalry. (Appian. 1. c.) According to the ancient writers, Tigranes ridiculed the small num- ber of the Roman troops, remarking, "if they come as ambassadors, there are too many of them; if as soldiers, too few." (Plut. Vit. Lucull. 1. c.— -Appian. ubi supra.-Memnon. Hist. c. 57, p. 85, ed. Orell.) 25. Populi Romani, &c. "To the Roman people belongs the praise, that the very friendly city of the Cyziceni was rescued," &c., i. e. the praise of having rescued. Compare the 8th chapter of the oration for the Manilian law; and consult, for an account of Cyzicus, Geographical Index. 26. Ex omni impetu regio, &c. "From every attack on the part of the monarch with whom we were warring, and from the devouring jaws of the whole war," i. e. from the fury of a formidable monarch, and from all the disasters of a merciless war.- -The king referred to is Mithridates.-Ore ac faucibus. A metaphor borrowed from the appearance presented by a furious monster about to spring upon its prey. POET ARCHIAS. 267 · Page. 27. Nostra semper feretur, &c. "The fleet of the enemy sunk 55 and its leaders slain, Lucius Lucullus contending on our side, and that incredible naval conflict off Tenedos, will always be spoken of and celebrated as our own peculiar source of praise," i. e. as a memorable source of praise to the Roman arms. With nostra re- peat laus from the previous sentence. We have preferred this to the very harsh construction of Ernesti: "Nostra maxime cum pugna navalis: per ovšvyíav cum classis jungitur.” 1. Nostra sunt tropaea, &c. "These are our trophies, our 56 monuments, our triumphs," i. e. peculiarly our own; peculiarly glorious to the Roman name. 2. Feruntur. "Are spread abroad." Equivalent to differuntur, or dissipantur. 3. Africano superiori. "To the elder Africanus." Commonly called Africanus Major, (scil. natu.)-Noster Ennius. Ennius, although a native of Rudiae in Calabria, yet obtained by his merits the freedom of Rome, and became in the strictest sense, by his metrical annals, the national poet of the Roman people. Hence the expression noster, "our own," in the text. 4. Itaque etiam, &c. "And hence he is even thought to be placed of marble on the sepulchre of the Scipios," i. e. the marble statue, which we see along with others on the tomb of the Scipios, is thought to be that of Ennius. Compare the explanation of Ernesti : Quod simulacrum marmoreum est in monumento Africani, id putant vulgo esse Enni." For Africani, however, Ernesti ought to have written Scipionum, as will appear from the next note. C& 5. In sepulchro Scipionum. We must not render this, "in the sepulchre of the Scipios," but "on the sepulchre," &c. Compare Livy, 38, 56: Nam et Literni monumentum (Africani,) monumen- toque statua superimposita fuit, quam tempestate dejectam nuper vidimus ipsi. Et Romae extra portam Cupenam in Scipionum monumento tres statuae sunt: quarum duae P. et L. Scipionum dicuntur esse, tertia poetae Q. Ennii." Consult also Plin. H. N.7, 30. Solin. c. 7. Val. Max. 8, 14.-Visconti thought he had discov- ered this tomb, not far from the Capenian gate, for the particulars of which discovery Maio refers to the Antologia Romana, vol. 7, p. 377. 6. Ejus. We have adopted the very neat emendation of Ilgen, as referring to Ennius. The common text has is, which had already before been suspected by Guilielmius and Ernesti, who thought that something had been dropped from the text. There is nothing in the previous sentence to which is can refer. 7. Ipsi. Referring as well to Africanus, as to the individuals mentioned immediately after, Cato, the Maximi, &c., all of whom 268 ORATION FOR THE Page. 56 were lauded in the poetry of Ennius.-By "the Maximi, Marcelli, Fulvii," are meant in fact only three individuals, Q. Fabius Maxi- mus, M. Claudius Marcellus, and M. Fulvius Nobilior, all of whom distinguished themselves in the second Punic war. The plural form is adopted for emphasis.-Consult Historical Index. 8. Hujus proavus Culo. "Cato, the great-grandfather of him who now hears me," or "of him who of him who is here present." here present." The refer- ence in proavus is to Cato the censor. Hujus refers to Cato Ulicensis, or, as he is more correctly called, Cato the younger, who was present in court, and perhaps one of the judices. 9. Adjungitur. "Is thereby imparted." 10. Illum. Referring to Ennius.-Rudinum hominem. "Although a native of Rudiae." Rudiae, the natal place of Ennius, was a city of Calabria, in Magna Graecia. Consult Geographical Index. 11. Hunc Heracleensem. "This Heraclean." Referring to Archias. Cicero means to contrast the comparative insignificance of Rudiae with the splendour of Heraclea, whence Archias derived his claim of citizenship. 12. Multis civitatibus. Rhegium, Locri, Neapolis, Tarentum. 13. In hac. "In this one of ours."-Legibus. Referring, in particular, to the law of Silvanus and Carbo. 14. Nam si quis, &c. Cicero here meets an objection, if it deserve the name, which some might perhaps urge, that Ennius was honoured because he wrote in Latin verse, whereas Archias com- posed in Greek. "That a less abundant “Grecian productions." 15. Minorem gloriae fructum percipi. harvest of glory is reaped."-Graeca. 16. Latina suis finibus, &c. "Whereas Latin works are con- fined within their natural limits, and these contracted indeed." By the natural limits of Latin works Cicero means the confines of Latium, where the Latin language was spoken. In Upper Italy the Etruscan and Gallic dialects prevailed; in Lower Italy, Greek. In a later age, Roman literature became of course more widely disseminated. 17. Orbis terrae regionibus definiuntur. "Are only bounded by the limits of the world," i. e. have reached the farthest limits of earth, have had the whole world for their theatre. 18. Quo manuum, &c. That, whither the weapons wielded by our hands have reached, thither also our glory and our fame may penetrate." 19. Quod cum, &c. "Because, while these things are full of glory for the people themselves, &c.-Tum iis certe, &c. “Sa does all this assuredly form the strongest incitement," &e. POET ARCHIAS. 269 Page. 56 ...-20. Quam multos scriptores, &c. "How many historians of his exploits is Alexander the Great said to have had in his train." Fabricius (Bib. Gr. 3, 18) gives a long list of writers who treated of the history and exploits of Alexander, of whom only a few have come down to us. 21. In Sigco. "On the promontory of Sigeum." Sigeum and Rhoeteum were the two famous promontories of the Troad. Consult Geographical Index. 22. Ad Achillis tumulum. According to Plutarch, as soon as Alexander landed at the Troad, he went up to Ilium, where he sacrificed to Minerva, and offered libations to the heroes. He also anointed the pillar upon the tomb of Achilles with oil, and ran round it naked with his friends; after which he placed a crown upon it, declaring "He thought that hero extremely fortunate in having found a faithful friend while he lived, and after his death an excellent herald to proclaim his praise." (Vit. Alex. c. 15.) 23. O fortunate adolescens, &c. "Ah! youthful warrior, favourite of fortune, in having found a Homer as the herald of thy fame."- Qui is joined with the subjunctive inveneris, as referring to the reason, &c. Literally, "since thou didst find." Compare note 14, page 26. 24. Ilias illa. "That Iliad." Illa here takes the place of the article in Greek, and is strongly emphatical. 25. Noster hic Magnus, &c. "Did not our own Pompey the Great." Literally, Literally, "this Pompey the Great of ours." 26. Theophanem. Theophanes was a native of Mitylene, in the island of Lesbos. We have only a few epigrams of his remaining. He is mentioned in Or. pro Balb. c. 25, Ep. ad Att. 5, 11, and elsewhere. 27. Et nostri illi, &c. "And did not those countrymen of ours, brave men it is true, yet of rustic habits, and mere soldiers, ani- mated by a certain secret charm of glory, approve of that act by loud shouts, as if they were sharers of the same praise with their commander ?" The Roman armies were generally recruited from the country. Hence the epithet rustici here applied to them, which carries with it the idea of something rude and unpolished. For the more general meaning of the term, consult Ernesti, Clav. Cic. s. v. 1. Itaque credo, &c. "Wherefore, Archias, I suppose, if he 57 had not been a Roman citizen, according to our laws, would not have been able to bring it to pass that he should be presented with the rights of citizenship by some commander of ours!" We have changed potuit, which is the commonly-received reading, to potu- 23* 270 ORATION FOR THE Page. 57 isset, on the suggestion of Ernesti, as repudiasset follows. The MSS. often have potuit as a contraction for potuisset, and hence the error may have arisen. 2. Sulla, quum Hispanos, &c. "Sylla, I suppose, when pre- senting natives of Spain and of Gaul with the rights of citizenship, would have refused Archias seeking the same favour," i. e. had he sought, &c. Schütz omits this second credo, and places a mark of interrogation after repudiasset. The alteration is quite unneces- sary. 3. Quem nos, &c. "That Sylla whom we once saw in open assembly, when a wretched poet, from the lower order, had pre- sented unto him a petition, craving some recompense for having composed a short poem in. his praise, merely in verses alternately long and short." Literally, "in verses alternately somewhat longer than the previous one," i. e. in the alternating hexameter and pentameter. The term epigramma is here employed in its ancient signification. (not in that of our modern epigram,) as denoting a short piece of poetry, commonly in about four lines, occasionally exceeding that number, and in alternate hexameter and pentameter verse. 4. Libellum. The term libellus properly means a written appli- eation, folded in the form of a small book, whence the name. In the present instance it denotes an humble petition for some mark of favour, and the idea of humility on the part of the applicant is still further expressed by the verb subjecisset. Döring thinks that this 5. Ex iis rebus quas tunc vendebat. refers to the effects of proscribed persons. 6. Qui sedulitatem, &c. "Would not he, who thought the zeal of a bad poet worthy nevertheless of some recompense, have eagerly sought to honour the genius of this one, and his ability in composi- tion, as well as the rich stores of his intellect?" 7. Neque per Lucullos. The two Luculli were cousins to Metellus Pius. The father of the latter, Metellus Numidicus, was brother to the mother of the Luculli. 8. De suis rebus scribi. "Of having his actions commemmo- rated." 9. Cordubae. Corduba, now Cordova, was a city of Hispania Baetica. Consult Geographical Index. 10. Pingue quiddum, &c. Though uttering something in dull and barbarous strain." Pingue obtains its meaning of "dullness” from the idea of mental inertness being always, in some degree, associated with that of grossness of body. Compare note 5, page 31. "L POET ARCHIAS. 271 Page 11. Sed prae nobis ferendum. "But must be openly acknow- 57 ledged." Equivalent to aperte profitendum. 12. Trahimur omnes, &c. "We are all drawn onward by a love of praise, and the best of us are most powerfully influenced by a passion for glory." Optimus quisque, literally, "each best person." 13. Ipsi philosophi. The common text has ipsi illi philosophi, but we have rejected illi with Schütz, as it would sound ill before illis in the next clause, and is, moreover, not required by the sense. 14. Etiam illis libellis, &c. "Even inscribe their names in the very treatises which they compose on the contempt of glory." More literally, "on glory as deserving of contempt," i. e. on the propriety of contemning glory. The idea here expressed is given in almost the same language in Tusc. Disp. 1, 15.—Libellis. The term libellus here denotes "a little book," i. e. a short work or treatise. 15. In eo ipso, &c. "In the very case in which they affect to despise all praise and renown, they actually wish themselves to be talked of and mentioned." We have adopted se before nominari, with Weiske, from Ammianus Marcellinus, (22, 7,) who cites this passage of Cicero. The common text has merely ac nominari. 16. Decimus quidem Brutus. This individual signalized himself by his successes in Spain. Compare Vell. Paterc. 2, 5, and consult Historical Index. 17. Attii, amicissimi sui, &c. "Adorned the approaches to the temples and monuments which commemmorated his exploits, with the verses of Attius, his most intimate friend." Attius, or, as the name is otherwise written, Accius, was a tragic poet, of whose productions only a few fragments remain. According to Valerius Maximus, (8, 14, 2,) Brutus erected a temple with the spoils he had taken from the foe. 18. Fulvius. M. Fulvius Nobilior, who took the poet Ennius along with him into Aetolia. (Tusc. Disp. 1, 2.) Consult His- torical Index for both names. 19. Non dubitavit, &c. "Hesitated not to consecrate to the Muses the spoils of Mars." By manubiac are meant those of the spoils which the commander set apart to defray the expense of erecting some monument of the victory.-The expression Martis (for belli) is a very elegant one, standing as it does in direct oppo- sition to Musis. It is not known what act, on the part of Fulvius, is here referred to, or what memorial he erected. 20. Prope armati. "Almost with arms in their hands,' W 272 ORATION FOR THE 1 Page. 57 Togati. Arrayed in the robes of peace." The toga was the civic robe or gown. 21. A Musarum honore, &c. "To be averse to honouring the Muses and bestowing safety on their votaries." 22. Jam me vobis indicabo. "I will now lay open to you my own secret feelings," i. e. I will unbosom myself unto you.-De meo quodam amore gloriac. Respecting a certain passion for << glory by which I myself am influenced." 23. Quas res. Referring to his having crushed the conspiracy of Catiline.-Vobiscum simul. The allusion here is extremely adroit. << 58 1. Attigit hic versibus atque inchoavit. "This one has touched upon and begun to treat of in verse." Attigit when placed, as in the present instance, in conjunction with inchoavit, refers not to any slight handling of a subject, but rather to the making of a beginning merely. 2. Hunc ad perficiendum hortatus sum. "I have exhorted him to complete the poem." In many MSS., and early editions, we find hortavi, at which Ernesti very justly expresses his surprise. The verb hortor, it is true, may have been used by the early writers in an active form, as many of the deponents are, but certainly this was not the custom in the age of Cicero. The ancient annotator in the Ambrosian MS. reads adoravi, and asserts that this was used in the sense of hortatus sum by Cicero. Hoc verbum adoravi significat cohortatus sum. Adoravit autem orare et petere significat." This may all very well be, but it is, nevertheless, not the custom with Cicero, and we have therefore, preferred the reading in the text. 3. Quid est quod. "What reason is there why." Literally, "what is there on account of which." With quod supply propter. 4. Si nihil animus praesentiret in posterum. no presentiment of the future." -Regionibus. Terminaret. "It were to bound." "If the mind had Limits."- << 5. Nec se frangeret. It would neither break down its powers." Compare the remark of Döring : 'Frangi eleganter dicuntur laboribus, qui omnes vires in iis perferendis consumunt.' ?? 6. Nunc insidet, &c. "On the contrary there dwells in all the noblest bosoms a kind of generous impulse." 7. Non cum vitae tempore, &c. "That the remembrance of our name is not to be sent away into oblivion along with the period of our mortal existence, but is to be made equal with all posterity." We have retained dimittendam, the reading of the common text. Lambinus conjectures dimetiendam, which Schütz violently alters into commetiendam. POET ARCHIAS. 273 Page. 8. An vero tam parvi, &c. "Shall we, indeed, who are engaged 58 in public affairs, and amid these perils of life, and heavy labours, appear to be all possessed of so little elevation of spirit, as, after having drawn, even to the last period of our lives, not one tranquil and peaceful breath, to imagine that every thing connected with us is destined to perish with our frames?" i. c. as, after having during the whole of our lives enjoyed not one moment of tranquil repose, to imagine that death is to close the scene for ever, and that no recompense awaits us amid the praises of posterity. 9. An cum statuas, &c. Cicero appears here to have bad in view the fine passage of Isocrates, (Euag. c. 30,) 'Eyù d', 3 Νικόκλεις, ἡγοῦμαι καλὰ μὲν εἶναι μνημεῖα καὶ τὰς τῶν σωμάτων εικόνας, πολὺ μέντοι πλείονος ἀξίας τὰς τῶν πράξεων καὶ τῆς διανοίας, κ. τ. λ. (C 10. Consiliorum relinquere, &c. Ought we not to be much more desirous of leaving behind us a delineation of our thoughts and our virtues, traced out and perfected by the most eminent ge- niuses of our day?"-All the editions before Ernesti's have nonne multo, for which he very correctly reads non multo, inasmuch as an precedes. 11. Jam tum in gerendo. "At the very time I was performing them." 12. Haec vero, &c. "Whether this remembrance indeed, is des- tined, after death, to be far away from all consciousness on my part, or whether, as the wisest of men have thought, it will continue to exercise an influence on some portion of my being, I certainly now, indeed, delight myself with the reflection and the hope that it may be so."-Haec refers to memoriam in the previous sentence, and denotes the remembrance of Cicero by his fellow-men, and pos- terity. 13. Ad aliquam mei, &c. The common text has animi after aliquam, which makes mei a possessive pronoun. It is omitted, however, in some MSS., and rejected by Beck, Schütz, and others. : 14. Pudore eo, &c. "Of that degree of modest merit, the existence of which you see plainly proved, as well by the high rank of his friends, as by the long continuance of their intimacy and of a genius as elevated, as it is right that his should be regarded, from your seeing him, in consequence, eagerly sought after by individuals of the highest order of talents."-Compare, as regards the first part of this sentence, the explanation of Döring: quem quidem (sc. pudorem) vere ei inesse, argumento vobis esse potest, quod viri summi et gravissimi non solum junxerunt cum eo amicitiam, sed candem quoque per longos annos continuarunt.” 15. Vetustate. Although nearly all the MSS. have venustate, (( 274 ORATION FOR THE POET ARCHIAS. Page. 58 still the reading vetustate is so much superior, and so peculiarly adapted to the context, that Ernesti and the best editors have not hesitated to receive it. The advocates for venustate make it equiv- alent to morum elegantia, but Döring very justly asks, “quomodo morum elegantia aliorum pudorem cujusdam comprobare potest?" 16. Id. Supply suum ingenium. "That genius of his." 59 1. Quae beneficio legis, &c. "Which is based upon the privi- lege granted by an express law," &c. He means the privilege of citizenship as granted by the law of Silvanus and Carbo. 2. Auctoritate municipii. Referring to Heraclea. 3. Humana. "On the part of men. "" The recommendation of men arises from the poets having celebrated in verse their fame and achievements.Divina. "On the part of the gods." The gods will intercede in his behalf, because they inspired him with poetic fervour, and hence he is under their special protection. 4. Domesticis periculis. Occasioned by the conspiracy of Catiline. -Aeternum se, &c. Referring to the completion of his poem, already commenced, on the subject of Cicero's consulship. 5. Est eo numero, qui. "Is of the number of those, who," &c., i. e. a poet.—In vestram fidem. "Under your protection." "By your kindness.”—Acerbitate viola- Injured by your rigour." 6. Humanitate vestra. tus. 7. De causa. "In relation to the merits of the case."-Simpli- citerque. "And plainly," i. e. without any attempt at oratorical display. Probata esse omnibus. "Have been approved of by you all." 64 8. Non fori, neque judiciali consuetudine. "In accordance with the usage neither of the bar, nor of public trials." He refers to his eulogium on letters and literary men 9. Et communiter, &c. "And the nature of his avocation in general." (( 10. Ab eo, qui, &c. By him who presides at this trial I am sure they have," i. e. been taken in good part.-His brother Quintus Cicero presided as praetor. Consult note 3, page 49. It remains but to add, that the eloquence of Cicero was successful. ORATION FOR M. MARCELLUS. Page. 1. M. TULLII CICERONIS, &c. "Oration of Marcus Tullius 60 Cicero in behalf of Marcus Marcellus."-This is not so much a speech in defence of Marcellus, as a panegyric on Julius Caesar, for having granted the pardon of the former at the intercession of the senate. Marcellus had been one of the most violent opponents of the views of Caesar. He had recommended in the senate, that he should be deprived of the province of Gaul: he had insulted the magistrates of one of Caesar's new-founded colonies, and had been present at Pharsalia on the side of Pompey. After that battle he retired to Mitylene, where he was obliged to remain, being one of his adversaries to whom the conquerer refused to be reconciled. The senate, however, one day, when Caesar was present, with a united voice, and in an attitude of supplication, having implored his clemency in favour of Marcellus, and their request having been granted, Cicero, though he had resolved to preserve eternal silence, being moved by the occasion, delivered, in this oration, one of the highest-strained encomiums that has ever been pronounced. In the first part he extols the military exploits of Caesar; but shows that his clemency to Marcellus was more glorious than any of his other actions, as it depended entirely on himself, while fortune and his army had their share in the events of the war. In the second part, he endeavours to dispel the suspicions which, it appears, Caesar still entertained of the hostile intentions of Marcellus, and takes occasion to assure the dictator that his life was most dear and valuable to all, since on it depended the tranquillity of the state, and the hopes of the restoration of the commonwealth. (Dunlop's Rom. Lit. vol. 2, p. 339, Lond. ed.) ! 275 276 ORATION FOR Page. 60 THIS oration, which Middleton declares to be superior to any thing extant of the kind in all antiquity, continued to be not only of undisputed authenticity, but one of Cicero's most admired produc- tions, till Wolf, in the preface and notes to a new edition of it, printed in 1802, attempted to show, that it was a spurious produc- tion, totally unworthy of the orator whose name it bears, and that it was written by some declaimer, soon after the Augustan age, not as an imposition on the public, but as an exercise; according to the practice of the rhetoricians, who were wont to choose, as a theme, some subject on which Cicero had spoken. In his letters to Atticus, Cicero says, that he had returned thanks to Caesar, pluri- bus verbis. This Middleton translates, "a long speech;" but Wolf alleges, it commonly means a few words, and never can be in- terpreted to denote a full oration, such as that which we now possess, for Marcellus. That Cicero did not deliver a long or formal speech, is evident, he contends, from the testimony of Plutarch, who men- tions, in his life of Cicero, that, a short time afterward, when the orator was about to plead for Ligarius, Caesar asked, how it hap- pened that he had not heard Cicero speak for so long a period; which would have been absurd, if he had heard him, a few months before, pleading for Marcellus. Being an extemporaneous effusion, called forth by an unforeseen occasion, it could not (he continues to urge) have been prepared and written beforehand; nor is it at all probable, that, like many other orations of Cicero, it was revised, and made public, after having been delivered. The causes which induced the Roman orators to write out their speeches at leisure, were the magnitude and importance of the subject, or the wishes of those in whose defence they were made, and who were anxious to possess a sort of record of their vindication. But none of these motives existed in the present case. The matter was of no import- ance or difficulty; and we know that Marcellus, who was a stern republican, was not at all gratified by the intercession of the sena- tors, or conciliated by the clemency of Caesar. As to internal evidence, deduced from the oration, Wolf admits, that there are interspersed in it some Ciceronian sentences; and how otherwise could the learned have been so egregiously deceived? but the resemblance is more in the varnish of the style, than in the substance. We have the words rather than the thoughts of Cicero ; and the rounding of his periods, without their energy and argument- ative connexion. He adduces, also, many instances of phrases unusual among the classics, and of conceits which betray the rhetorician or sophist. His extolling the act of that day on which Caesar pardoned Marcellus, as higher than all his warlike exploits, M. MARCELLUS. 277 Page. would but have raised a smile on the lips of the dictator; and the 60 slighting way in which the cause of the public and Pompey are rncntioned, is totally different from the manner in which Cicero expresses himself on these delicate topics, even in presence of Caesar, in his authentic orations for Deiotarus and Ligarius. It is evident, at first view, that many of Wolf's observations are hypercritical; and that in his argument concerning the encomiums on Caesar, and the overrated importance of his clemency to Mar- cellus, he does not make sufficient allowance for Cicero's habit of exaggeration, and the momentary enthusiasm produced by one of those transactions, " Quae, dum geruntur, percellunt animos." Accordingly, in the year following that of Wolf's edition, Olaus Wormius published, at Copenhagen, a vindication of the authen- ity of this speech. To the argument adduced from Plutarch, he answers, that some months had elapsed between the orations for Marcellus and Ligarius, which might readily be called a long period by one accustomed to hear Cicero harangue almost daily in the senate or forum. Besides, the phrase of Plutarch, Aéyovros, may mean pleading for some one, which was not the nature of the speech for Marcellus. As to the motive which led to write and publish the oration, Cicero, above all men, was delighted with his own productions, and nothing can be more probable, than that he should have wished to preserve the remembrance of that memorable day, which he calls, in his letters," diem illam pulcherrimam. It was natural to send the oration to Marcellus, in order to hasten his return to Rome, and it must have been an acceptable thing to Caesar, thus to record his fearlessness and benignity. With regard to the manner in which Pompey and the republican party are talked of, it is evident, from his letters, that Cicero was disgusted with the political measures of that faction, that he wholly disapproved of their plan of the campaign, and, foreseeing a renewal of Sylla's proscriptions in the triumph of the aristocratic power, he did not exaggerate in so highly extolling the humanity of Caesar. ?? The arguments of Wormius were expanded and illustrated by Weiske, in a commentary on the oration for Marcellus, published at Leipsic, in 1805, while on the other hand, Spalding, in a dispu- tation published in 1808, supported the opinions of Wolf. The controversy was in this state, and was considered as involv- ed in much doubt and obscurity, when Aug. Jacob, in an academi- cal exercise, printed at Halle in 1813, adopted a middle course. Finding such dissimilarity in the different passages of the oration, some being most powerful, elegant, and beautiful, while others were totally futile and frigid, he was led to believe that part had 24 278 ORATION FOR Page. 60 actually flowed from the lips of Cicero, but that much had been subsequently interpolated by some rhetorician or declaimer. In the prosecution of his inquiry, the author successively reviews the opinions and judgments of his predecessors, sometimes agreeing with Wolf and his followers, at other times, and more frequently, with their opposers. He thinks, that the much contested phrase, pluribus verbis, may mean a long oration, as Cicero elsewhere talks of having pleaded for Cluentius, pluribus verbis, though the speech in his defence consists of 58 chapters. Besides, Cicero only says, that he had returned thanks to Caesar, pluribus verbis. Now the whole speech does not consist of thanks to Caesar, being partly occupied in removing the suspicions which he entertained of Mar- cellus. With regard to the ecomiums on Caesar, which Spalding has characterized as abject and fulsome, and totally different from the delicate compliments addressed to him in the oration for Deio- tarus or Ligarius, Jacob reminds his readers, that the harangues could have no resemblance to each other, the latter being pleaded in behalf of the accused, and the former a professed panegyric. Nor can any one esteem the eulogies on Caesar too extravagant for Cicero, when he remembers the terms in which the orator had formerly spoken of Roscius, Archias, and Pompey. Schütz has subscribed to the opinions of Wolf, and has pub- lished the speech for Marcellus, along with the other four doubtful harangues at the end of the genuine orations. (Dunlop's Rom. Lit. vol. 2, p. 340, seqq.) The discoveries of Maio at length threw new light upon the ques- tion, that learned librarian and scholar having succeeded in bringing to light parts of an ancient commentary, a collection of scholia on several of the orations of Cicero, and among them that for Marcel- lus. This commentary appears to have either been written by Asconius Pedianus, or selected from his more extensive scholia; and, as the part relating to the oration we are considering, although brief, makes no mention of any other author for the speech, this circumstance, together with the fact of the oration being joined to others of undoubted authenticity, will form no weak argument in its behalf. Indeed, the latest editor of Cicero's works, Nobbe, (Lips. 1827,) considers the question as now conclusively settled, remark- ing: "Sed ecce nova et paene insperata lux orta est, inventis a Maio veterum in hanc orationem scholiorum fragmentis, iisque Medi- olani (1817) editis. Unde satis certum fit, ab ipso Cicerone auctore hanc gratiarum actionem profectam esse." M. MARCELLUS. 279 Page. 2. Diuturni silentii. "Cicero had avoided taking any active 60 part in public affairs, and mingling in the debates of the senate, since the period of his return to Rome, after having been pardoned by Caesar. The reason of this silence he gives us with more openness in a letter to Sulpicius, (Ep. ad Fam. 4, 4,) "I had resolved to observe a perpetual silence, not from any feeling of indo- lence, but from one of regret at the loss of my former dignity." 3. Quo eram his temporibus usus. "In which I had indulged during these latter times." 4. Non timore aliquo. Complimentary to Caesar, and implying that even if Cicero had felt inclined to express his sentiments on public affairs, with boldness and freedom, he would have been allowed by Caesar so to do, without any interruption. 5. Partim dolore. Grief for the absence of his friend Marcellus. Compare what follows a little after: "Dolebam enim,” &c. " 6. Partim verecundia. Partly from a feeling of self-restraint.” Cicero means to express by verecundia the awkwardness he felt at speaking in the presence of one whom he had opposed in the civil contest. Compare the explanation of Manutius : "Contra quem enim armis pugnassem, eo praesente in senatu verba facere vere- cundia prohibebat.” 7. Quae vellem, &c. "Of giving utterance, with my former wonted freedom, to my wishes and my sentiments." Compare Manutius: (6 ut, pro meo sensu, quemadmodum antea solebam, libere loquar." 8. Mansuetudinem. CC Humanity." As displayed by Caesar in pardoning Marcellus. Compare, as regards the force of mansue- tudo, the oration for the Manilian law, c. 14, where Cicero, speak- ing of Pompey, remarks: "Humanitas jam tanta est, ut difficile dictu sit, utrum hostes magis virtutem ejus pugnantes timuerint, an mansuetudinem victi dilexerint.” "Such boundless moder- 9. Tantum, in summa potestate, &c. ation in the midst of unlimited power." 10. Sapientiam. As shown by its controlling the dictates of private animosity, and restoring a useful citizen to his country. 11. Auctoritatem. Compare his words to Sulpicius, already referred to, (Ep. ad Fam. 4, 4,) "Statueram, non mehercule iner- tia, sed desiderio pristinae dignitatis, in perpetuum tacere.” Cicero begins now to perceive a restoration in some degree of his former "influence," in consequence of the mildness and generosity of Caesar towards his friend. 12. Dolebam. "I used to grieve."-Virum talem. Referring to Marcellus. 280 ORATION FOR ا Page. 60 13. In eadem causa, &c. "Who had been engaged in the same cause with myself," i. e. the party of Pompey.-Non in eadem esse fortuna. "Was not enjoying the same good fortune.” Cicero, after the battle of Pharsalia, accepted pardon from Caesar, and returned to Rome; Marcellus, on the other hand, too stubborn a republican to acknowledge a master, retired to Mitylene in the island of Lesbos, where he was residing when the news of his par- don reached him. 14. Nec mihi persuadere poteram, &c. "Nor could I prevail upon myself, nor did I deem it in accordance with the hallowed law of friendship, that I should engage in our old career, when he, the rival and the imitator of my pursuits and labours, my associate and companion as it were, was torn from me." The use of fas is here strongly emphatic, which must be our apology for giving it a paraphrase rather than a translation.- Fas has reference to the gods and things of a sacred nature, jus to what is of human origin or character. (Serv. ad Virg. Georg. I, 286.) 15. Nostro veteri curriculo. Forensic pursuits and public speaking in general.-Aemulo atque imitatore, &c. Marcellus was distinguished for his ability as a speaker Consult Historical Index. 16. Meae pristinae vilae, &c. which had been long closed upon me." ing of Lambinus, Wolf, Weiske, &c. mihi et meae pristinae, &c. 17. Et his omnibus, &c. “And have raised a signal, as it were, for all who are here present to entertain favourable hopes of the state at large," i. e. of all that is connected with the welfare of their country. Signum aliquod extulisti. A metaphor borrowed from military operations. 18. Intellectum est enim, &c. "For it was rendered plainly apparent, to myself, indeed, in many instances before this, and especially in my own case, but, a moment ago, to all who are here present, that, when you granted Marcus Marcellus to the senate and people of Rome," &c. 1. Offensionibus. Marcellus, when consul, had moved in the senate, that Caesar's command in Gaul be abrogated, when the latter, after having put an end to the Gallic war, though his com- mission was near expiring, sought to retain his command, pretend- ing that he could not possibly be safe, if he parted with his army, while Pompey held the province of Spain. Marcellus afterward endeavoured to get Caesar proclaimed an enemy to his country; in a public speech he called him a robber; and finally fought against "The habits of my former life, We have adopted the read- The common text has et M. MARCELLUS. 281 Page him in the civil contest. These were among his "offences" against 61 Caesar. 2. Tuis vel doloribus vel suspicionibus. "To your own feelings, whether of resentment or suspicion." Resentment for the past, suspicion with regard to the future conduct of Marcellus. Caesar feared lest Marcellus might plot against his life. (C 3. Ille quidem fructum, &c. He, indeed, has this day received the richest recompense for all his past life, both in the unanimous intercession of the senate, and also in your most solemn and gener- ous determination." Cicero means, that this day has fully repaid the services which the past life of Marcellus had bestowed upon his country. He now obtains glory together with safety, because the unanimous intercession of the senate, and Caesar's generous con- duct, prove conclusively that Marcellus is a truly virtuous man. 4. Laus. Supply tibi.-Gloria. Supply illi. 5. Est vero fortunatus ille, &c. "Fortunate in truth is he, since hardly less joy will accrue unto all from his safety, than is likely to be felt by himself." The relative, from its assigning the reason, takes here the subjunctive mood. Compare note 14, page 26. 6. Ventura sit. Because Marcellus is at a distance, and Cicero can only surmise what his feelings will be on the receipt of the intelligence. 1 7. Nobilitate. "For birth.” The line of the Marcelli was dis- tinguished in Roman history.-Optimarum artium studio. "For zealous attachment to the most liberal pursuits."-Innocentia. "Blamelessness of life." Moral purity. 8. Nullius tantum, &c. "In no one is there so great a flow of genius, in no one so great power, so great copiousness, of speaking or of writing, as can, I will not say, fully embellish, but even fairly recount, Caius Caesar, your exploits," i. e. all the creative power of the finest geniuses, all the efforts of eloquence and history, will be found inadequate even to give a simple and unadorned narrative of your achievements. 9. Pace tua. "With your permission," i. e. with all deference. -Ampliorem. More glorious."-Ea. We have here adopted the emendation of Ernesti. The common text has cam. 10. Idque libenter, &c. "And to make it a theme of frequent conversations." Weiske reads idemque for idque. 11. Numero proeliorum. Pliny (H. N. 7, 25) states, that Caesar fought fifty pitched battles, the nearest approach to which number was in the case of Marcellus, who fought thirty-nine. He also informs us, that, independently of the carnage of the civil wars, he had slain 1,192,000 men. "Idem signis collatis quinquagies 24* 282 ORATION FOR Page. 61 dimicavit : solus M. Marcellum transgressus, qui undequadragies dimicaverat. Nam praeter civiles victorias, undecies centena ct nonaginta duo millia hominum occisa praeliis ab eo.” 12. Nec varietate regionum. Caesar had carried on war in Gaul, Britain, Spain, Germany, Greece, Egypt, Africa, and Asia. He overcame Pompey at Pharsalia; Ptolemy in Egypt; Pharnaces, son of Mithridates, in Pontus; and the sons of Pompey in Spain. 13. Celeritate conficiendi. This is well illustrated by his famous despatch to the Roman senate, after his victory over Pharnaces, Veni, vidi, vici." The commentaries on the Gallic war are also full of examples. 14. Nec dissimilitudine bellorum. "Nor in the unlike character of the wars themselves." Occasioned by the unlike characters of the nations with whom, and the countries in which, they were waged. 15. Nec vero, &c. “And that, in truth, lands the most widely remote from each other could not have been travelled over with more rapidity by the footsteps of any one, than they have been traversed, I will not say by your marches, but by your victories." A somewhat similar measure of praise had already been poured out by Cicero upon Pompey, in the oration for the Manilian war, (c. 10,) Qui saepius cum hoste conflixit, quam quisquam cum inimico concertavit: plura bella gessit, quam ceteri legerunt: plures pro- vincias confecit, quum ceteri concupierunt." 16. Lustratae sint. Compare the remark of Manutius: "Lus- trare plus est quam peragrare: nam qui peragrat transit; qui lustrat ambit: quo plus temporis requiritur." 17. Quae quidem ego, &c. Now, were I not to confess that these things are so extraordinary," &c.-Amens sim. "I would be a madman," i. e. it were madness not to confess, &c. RON CC 18. Alia majora. Alluding to the glory he has acquired by his generous conduct in pardoning Marcellus. 19. Extenuare verbis. "To depreciate by their remarks."- Communicare cum multis. "To share it with the many," i. e. with the great body of the soldiery.- Propriae imperatorum. exclusive property of commanders." "The "The 20. In armis. "In military operations."-Locorum opportuni- tas. "The advantage of situation."-Auxilia sociorum. aid of allies." 21. Commeatus. "Convoys," i. e. supplies of military stores, &c. 22. Quasi suọ jure. "As if by a right peculiarly hers."—Paene omne suum. "As almost entirely her own. Compare, as regards the idea intended to be conveyed by the whole passage, the language M. MARCELLUS. 283 Page. of Isocrates, (Παραγρ. πρὸς Καλλίμ. c. 12,) Τῶν μὲν τοιούτων ἔργων, 61 ὅσα μετὰ κινδύνων πέπρακται, τὸ πλεῖστον ἄν τις μέρος τῇ τύχῃ μεταδοίη, x. K. T. 1. Hujus gloriae. The glory of pardoning a violent political 62 enemy. 2. Quantumcunque est, &c. "How great soever it is, (and it certainly is most great,)" i. e. and nothing certainly can be greater. 3. Nihil sibi, &c. "No centurion, no prefect, no cohort, no troop, take unto themselves any portion of this praise of thine," i. e. no commander of infantry or cavalry, no body of foot or horse. Centurio properly means a commander of one hundred infantry. Praefectus denotes a leader of cavalry. Both terms are used here, however, in a general sense. So again, cohors and turma are em- ployed, in this sentence, with a general reference to any body of foot or horse. In strictness, cohors means a band of 600 foot-sol- diers; and turma, a troop of 30 horse. 4. Decerpit. The peculiar force of this verb is best expressed by a paraphrase: "Pluck for themselves a single leaf from thy gariand." ?? 5. Quin etiam, &c. "Nay, even fortune, that very mistress of human affairs, presents not herself for any share of this thy glory," i. e. lays claim to no share in this thy latest and most glorious act. 6. Tuam esse totam et propriam. "That it is all and peculiarly thine own. 7. Nec ad consilium, &c. "Nor is chance admitted to the counsels of prudence," i. e. nor do thy plans ever look to chance to aid them in their fulfilment. If, therefore, fortune contributes no- thing to the success of thy plans, in general, but if they all owe their completion to thy sagacity and prudence, she must surely be ex- cluded also from this last act of thine, in which wisdom and foresight are so happily blended. 8. Immanitate barbaras. CC Fiercely barbarous.” The Gauls, Germans, Britons, &c. With respect to the Germans and Britons, however, it was a mere idle boast. 9. Locis infinitas. "Spread over an infinite variety of regions." —Omni copiarum genere. "In all kinds of resources." 10. Quae naturam et conditionem, &c. "Which possessed the nature and condition of being able to be overcome," i. e. which by their very nature, and the condition connected with them, were capa- ble of being overcome.-The common text has vinci vi, but the latter word is omitted by Lambinus, Graevius, Wolf, and others. 11. Animum vincere. "To conquer one's feelings, however." -Victoriam temperare. "To make a moderate use of victory." 284 ORATION FOR Page. 62 12. Adversarium non modo extollere jacentem. "Not only to raise a fallen foe." Jacentem, literally, "lying prostrate."-Am- plificare ejus pristinam dignitatem. "To enlarge his former dig- nity," i e. to elevate him to a still higher rank than he previously enjoyed; to heighten and increase his personal consideration. 13. Simillimum Deo judico. This sounds to modern ears as the grossest flattery. Middleton, however, undertakes Cicero's defence against the charge of insincerity. "It must be remembered," re- marks he, "that the orator was delivering a speech of thanks, not only for himself, but in the name and at the desire of the senate, where his subject naturally required all the embellishments of elo- quence; and that all his compliments are grounded on a supposi- tion, that Caesar intended to restore the republic, of which he entertained no small hopes at this time, as he signifies in a letter to one of Caesar's principal friends. (Ep. ad Fam. 13, 68.) This, therefore, he recommends, enforces, and requires from him in his speech, with the spirit of an old Roman; and no reasonable man will think it strange, that so free an address to a conqueror, in the height of all his power, should want to be tempered with some few strokes of flattery." (Life of Cicero, sect. 8.—vol. 2, p. 259.) 14. Bellicae tuae laudes illae. "Those warlike praises of thine.”—Literis atque linguis. "In the literature and languages." 15. Ejusmodi res. The praises attendant upon warlike achiev- ments. Obstrepi clamore militum, &c "Seem to be drowned amid the shouts of the soldiers, and the blast of the trumpets." 16. Iracundia praesertim, quae est inimica consilio. Compare the language of Horace, Ep. 1, 2, 62, “Ira furor brevis est." 17. Non modo in gestis rebus, &c. "Not only in the case of real occurrences, but even in those of a fictitious nature." 18. Cujus mentem, &c. "Whose sentiments and feelings we see plainly to be of such a nature, that," &c. The common text has cujus mentem sensusque et os cernimus. For et os (" and whose very look,") we have adopted the elegant emendation of Faernus, eos, in the sense of tales, and which has the additional advantage of rendering the connexion of ut more apparent.— Weiske makes the same change. 19. Salvum. "Secured to her." Compare Middleton's re- marks, under note 13. 20. Quibus studiis, &c. "With what demonstrations of zeal shall we honour; with what grateful feelings shall we clasp to our bosoms? I do assure you, the very walls of this senate-house are desirous, as they seem to me, of returning thanks to you, because the authority of this body is soon about to be re-established in these M. MARCELLUS. 285 Page their fathers' seats as well as their own. We have given the 62 latter part of this passage according to the common text, although Manutius and others suspect some corruption. Our interpretation is that of Ernesti, who remarks: "Sensus est, quod illa pristina auctoritas senatus mox rursus habitatura sit in hac curia, in qua et apud majores et nuper senatores plurimum auctoritate valu- issent." 21. Me dius fidius. The term dius is the same as deus or divus, and fidius is an adjective formed from fides. Hence, dius fidius, "the god of honour," or "good faith," will be the same as the Zeus níorios of the Greeks; and, if we follow the authority of Varro, (L. L 4, 10,) identical with the Sabine Sancus, and Ro- man Hercules; so that me dius fidius is nothing more than me deus fidei (i. e. Hercules) adjuvel, or, in other words, mehercule. 1. Caii Marcelli. Caius Marcellus was the brother of Marcus 63 Marcellus. This appears to be the proper place for introducing Cicero's account, in his letter to Sulpicius, (Ep. ad Fam. 4, 4,) of what took place on this occasion: "Caesar, after having complain- ed of the moroseness of Marcellus, for so he called it, and praised, in the strongest terms, the equity and prudence of your conduct, presently declared, beyond all our hopes, that, whatever offence he had received from the man, he could refuse nothing to the inter- cession of the senate. What the senate did was this; upon the mention of Marcellus by Piso, his brother Caius having thrown himself at Caesar's feet, they all rose, and went forward, in a sup- plicating manner, towards Caesar. In short, the proceeding of this day appeared to me so fair and becoming, that I could not help fancying I saw the image of the old republic reviving as it were. When all, therefore, who were asked their opinions before me, had returned thanks to Caesar, except Volcatius, (for he declared that he would not have done it, though he had been in Marcellus' place,) I, as soon as I was called upon, changed my mind; for I had resolv ed-with myself to observe an eternal silence, not from any feelings of indolence, but from regret for the loss of my former dignity; Caesar's greatness of mind, however, and the laudable zeal of the senate, got the better of my resolution. I gave thanks, therefore, to Caesar, in a long speech, and have deprived myself by it, I fear, on other occasions, of that honest quiet which was my only comfort in these unhappy times," &c. 2. Et commemorabili, &c. "And possessed of a degree of fraternal affection that is deserving of all mention." Compare, as force of pictas, note 9, page 50. 3. Pectus obfudit. Came gushing over me." The common 286 ORATION FOR Page. 63 text has effodit, which is far inferior. The greater number of MSS. give the latter, but the better class the former reading. 4. Nobilissimamque fumiliam. Cicero uses the term familia to denote the individual family of the Marcelli. They formed a branch of the gens Claudia, or Claudian house. 5. Tuis maximis, &c. "To the greatest of your countless felicitations," i. e. to the greatest of those many victories, on which you have been felicitated by others. Some commentators confound gratulatio here with the same term when denoting a thanksgiving to the gods. It refers, on the contrary, merely to the private feel- ings of Caesar, and the felicitations offered him by friends for his numerous and eminent successes. For Cicero to have said, that Caesar would regard this day as a source of higher pleasure than the greatest of the many thanksgivings which had been decreed in his name, would have shocked the religious feelings of his auditors, Is the act of Caesar alone." Lit- 6. Est propria Caesaris. erally, "is peculiar to Caesar," 7. Duce te gestae quidem, &c. We have rejected, on the sug- gestion of Ernesti, the words magnae illae, which appear in the common text between gestae and quidem. 8. Hujus autem rei. "In the present affair, however," i. e. in the act of this day, the pardoning of Marcellus. 9. Quae quidem tanta est. Tropacis monumentisque tuis. "And so great indeed is it."- "To your other trophies and mon- uments" (( 10. Opere aut manu. By the labour or the hand of man. Vetustus. 'Length of days." 11. Justitia et lenitas animi. The term justitia has reference here to the rank and merits of Marcellus. It would have been unjust in Caesar to have kept such a man any longer away from his country.Lenitas animi, and not clementia, is employed, in order that Caesar may not appear to have been sparing a foe, and the remembrance of former enmities be in this way renewed. 12. Ut quantum, &c. "That as much as length of time shall take from your monuments, so much will it add to your glory." Operibus refers back to tropacis monumentisque. 13. Victores bellorum civilium. "Victors in our civil wars." Alluding to Sylla, Marius, Cinna, &c. 14. Vereor ne. We have adopted the emendation of Ernesti. The common text has vereor ut, but this can only be allowed if non be thrown out before perinde. Consult note 8, page 43. 15. Non perinde, &c. May not be understood, on the mere hearing of it to the same degree that I, reflecting upon it, feel it (" เ M. MARCELLUS. 287 Page. in mind to be," i. e. lest what I say may fall far short of what I feel. 63 Perinde is here equivalent to aeque. Compare Tursellinus, de Part. Lat. c. 176. 16. Quae illa adepta erat. "Which it had obtained for you," i. e. the absolute power which it gave him over his political oppo- nents, and the means which it afforded him of gratifying private animosity. 17. Omnes victi occidissemus. "All of us the vanquished might have fallen," i. e. been cut off by the sword. Cicero means, that this would have been the case if Caesar had followed the usual course, and taken Marius or Sylla for his models. 18. Clementiae tuae judicio. "By the decision of your clem- ency," i. e. by your merciful determination. Clementia is now em- ployed because occidissemus precedes, and more besides Marcellus are meant. Consult note 11. 19. Atque hoc C. Caesaris, &c. "And mark, Conscript Fa- thers, how widely this determination on the part of Caius Caesar extends in its influence," i. e. Marcellus alone is not the only one benefited by this generous conduct of Caesar. 20. Qui ad illa arma, &c. “Who were driven by some wretched and lamentable fatality or other, on the part of the republic, to take up arms in that contest." The contest referred to is the civil war, and the opposition made to Caesar, by his political antagonists, is flatteringly ascribed by the speaker to mere blind fatality; implying, of course, that, had they exercised any judgment or reflection, they would never have resisted him. 21. Nescio quo. Equivalent to quo fato id factum fuerit nescio. In translating, however, it is to be regarded as analogous merely to our phrases, or other," "I know not what," &c.-Nescio quis, and its other forms, nescio quid, nescio quem, nescio quo, &c., are employed to denote something more or less obscure, or over which we wish to pass by considering it as such. It is used also, espe- cially in the case of persons, to indicate contempt. The ellipsis is worth noting. Thus, nescio quis fecit is put for, aliquis fecit, nescio quis sit; and again nescio quem vidi is equivalent to, aliquem vidi, nescio quem viderim," &c. Consult Scheller, Praecept. Styl. vol. 1, p. 329. 22. Etsi aliqua culpa, &c. Although we are in some degree liable to the imputation of human infirmity," i. e. blindness in not perceiving the true course which we ought to have pursued. CC 23. A scelere certe liberati sumus. Have, by this act of Caesar's, been evidently acquitted of any wicked intentions," i. e. in pardoning Marcellus, Caesar has clearly shown, that he acquits CC 288 ORATION FOR Page. 63 not only that individual, but all of us who followed the standard of Pompey, of any evil feelings towards himself, and only considers us to have been actuated by an honest though mistaken love of country. 24. Et iterum. "And once more." The earlier reading is et item, for which Graevius first substituted et iterum, on the authority of a MS. He is followed by Ernesti and others. 25. Reliquos amplissimos viros. "Those other very illustrious men." Referring to the other individuals of the old Pompeian party, who, like himself, had been pardoned by Caesar, and restored to their rank and privileges as senators. 64 1. Non ille hostes, &c. "He has brought no enemies into the senate," i. e. the individuals, whom he has thus restored, he has acquitted of all hostile feelings towards himself. Had he thought that they cherished such feelings, he would never have re-admitted them. All which is clearly shown, if it need additional confirma- tion, by the pardon of Marcellus. 2. Judicavit. "He concluded."—Ignoratione, &c. "From an ignorance rather of his real intentions, and from a false and ground- less fear." The flattery here begins, to be very apparent. Just as if Caesar's real intentions were for the good of his country, and as if the fears of all good patriots for the safety of the republic were visionary and groundless! 3. Quam cupiditate. "Than from any feelings of cupidity," i. e. any desire of gratifying a rapacious spirit, and seizing upon the prop- erty of others. 4. Crudelitate. “A spirit of revenge." A feeling of cruel hatred. 5. Semper de pace, &c. "I always was of opinion that propo- sals of peace ought to be listened to.” Cicero had done every thing, in the beginning of the civil troubles, to prevent a rupture between Caesar and Pompey. He was convinced that an intestine war would inevitably end in the establishment of absolute power. His letters, which make us acquainted with his secret thoughts, fully substantiate this: "Pace opus est; ex victoria quum multa mala, tum certe tyrannis exsistet." (Ep. ad Att. 7, 5.) So again : Equidem ad pacem hortari non desino, quae, vel injusta, utilior est quam justissimum bellum." (Ad. Att. 7, 14.) He foresaw all that happened, and it is with this view before him, that he writes to Atticus and his other friends. Caesar, who affected great modera- sion, made some very plausible proposals of peace, and Cicero was desirous that they should be listened to, but Pompey absolutely refused. When the latter had been compelled to quit Rome as a fugitive, Cicero, after some delay, followed him from attachment and gratitude, but still full of gloomy forebodings, and foreseeing (C M. MARCELLUS. 289 Page. nought but lamentable results, since on one side was all the right 64 and on the other all the power : "Valuit apud me plus pudor meus, quam timor. Veritus sum deesse Pompeii saluti. Itaque vel officio, vel fama bonorum, vel pudore victus, ut in fabulis Amphiaraus, sic ego, prudens et sciens, ad pestem ante oculos posi- tam sum profectus," (Ep. ad Fam. 6, 6.) 6. Orationem etiam civium, &c. "That even the entreaties of those citizens who earnestly begged for peace, were totally reject- ed," i. e. by Pompey. Consult preceding note. 7. Neque enim ego illa, &c. "For I never took an active part either in these or any other civil commotions. 8. Socia. “Allied to,” i. e. in favour of.-Compare the En- glish form of expression, went hand in hand with." 9. Hominem sum secutus, &c. "I followed a certain individual from a sense of private, not of public, duty." The allusion is to Pompey, who is mentioned in guarded terms, not from any fear of the consequences in case he had called him by name, but from a becoming sense of propriety. Cicero means to convey the idea, that he followed Pompey rather as a friend than a leader. (4 10. Tantumque apud me, &c. "And so powerful an influence did the faithful remembrance of a grateful mind exercise over me," i. e. so strongly was I influenced by gratitude for the various favours I had received from him. 11. Ut nulla, &c. "That not only without any desire of per- sonal advancement, but even without any hope, although fully aware of my situation and well knowing what was about to happen, I rushed on as it were to voluntary ruin." 12. Quod quidem meum consilium. "And these views of mino indeed."—Integra re. "Before hostilities broke out." Literally, "the affair being as yet entire," i. e. no part having as yet been acted upon, no hostile steps having as yet been taken. The primi- tive meaning of integer is "untouched," from in and tago, the old form of tango. 13. Eadem sensi. "I entertained the same sentiments.". Etiam cum capitis periculo. When Cato the younger, who had been left at Dyracchium, by Pompey, to guard the arms and treas- ures deposited there, had, after the battle of Pharsalia, passed over into Corcyra, where the fleet was stationed, he there offered Cicero the command of the force which he had brought with him, consist- ing of fifteen cohorts. Cicero, however, declined it; which so exasperated the younger Pompey, that he was about to lay violent hands upon the orator, when Cato interfered and saved his life. 25 290 ORATION FOR Page. 64 (Plut. Vit. Cat. Min. c. 55.) It is to this circumstance very prob ably that Cicero alludes in the text. 14. Ex quo. “And hence.”—Tam injustus rerum cxistimator. "So unfair a judge of passing events," i. e. so unfair and biassed in the conclusions which he draws from events.-Graevius first gave existimator, from MSS., in place of aestimator, the reading of the common text. It is adopted by Ernesti and others. 15. Pacis auctores. "The advisers of peace."-Statim. "From the very first," i. e. from the very commencement of hos- tilities; in the very beginning of the civil war. "" 16. Caeteris fuerit iratior. "But displayed increased resent- ment towards the rest." The object of the whole argument is to show, that Caesar's wishes were always in favour of peace, and that, in consequence of this, he was always well disposed towards those of the opposite party who endeavoured to bring about a recon- ciliation, while he displayed encreased rescntment against those who were bent on continuing hostilities. This, of course, is the mere language of flattery. 17. Victor. "When victorious," 1. e. as Caesar now is.-Pacis auctores. Alluding to himself, among others, and to the kind treat- ment he had received from Caesar. 18. Se maluisse, &c. "That he would rather not have con- tended at all, than have come off victorious," i. e. that great as the glory of the victory had been, he would rather have had no civil contest at all, as his feelings had always been in favour of peace. It is needless to comment on the insincerity of Cicero in making this assertion of Caesar. 19. Atque hujus quidem rei, &c. "And on this particular point I am evidence in favour of Marcus Marcellus." The point referred to is the wish for peace during the civil contest, which Cicero asserts Marcellus felt in common with himself. 20. Nostri enim sensus, &c. "For our sentiments, as they always had in the season of peace, so then also coincided during the war," i. e. our sentiments, namely mine and those of Marcellus, were always in unison during both the civil contest and the times which immediately preceded it. son." 21. Certorum hominum. "Of certain individuals among us." Certus vir is generally used to denote "a sure," or "trusty per- Here, however, certus has the force of quidam. Com- pare note 9, page 31.-The individuals alluded to are thought, by Manutius, to have been, in particular, L. Lentulus and L. Domitius Ahenobarbus. Compare Ep. ad Fam. 6, 21. 22. Victoriae ferocitatem. "The cruel excesses of victory M. MARCELLUS. 291 Page. itself,” i. e. the ferocious spirit that would, in all probability, char- 64 acterize the party of Pompey, if success were to crown their efforts. Had Pompey proved victorious, the proscriptions of Marius and Sylla would inevitably have been renewed. Compare the language of Cicero's letter to Marcellus, (Ep. ad Fam. 4, 9): “An tu non videbas mecum simul, quam illa crudelis esset futura victoria?” 23. Tua liberalitas. "Your generosity," i. e. your generous conduct towards your former foes.-Illa. Alluding to the insolent conduct and the menaces of Pompey's followers. 24. Non enim jam causae, &c. "For the two causes are no longer to be compared, but the consequences of victory on either side." Cicero means to say, that he will be silent now respecting the merits of the two causes, namely that of Caesar and that of Pompey. The time for discussing this point has passed away. He will merely institute a comparison between the very different modes in which either party would have made use of victory. He then proceeds to show, how Caesar has acted since his success, and then briefly sketches what would have been the results of victory on the side of Pompey. 25. Martis vis perculit. "The violence of war smote down."-- Ira victoriae. *C The angry feelings generally attendant upon vic- tory." Cicero means, that whoever fell in that conflict, fell with arms in their hands. No one was put to death, after the victory, by any mandate or proscription. 26. Ex eadem acie. "From that same army," i. e. the army of Pompey. 27. Alterius vero partis. "As regards the opposite party, how- ever." The genitive is here used in imitation of the Greek idiom. The Greek rule is as follows: "To words of all kinds other words are added in the genitive, which show the respect in which the sense of those words must be taken, in which case the genitive properly signifies as regards,' or 'with regard to.’" (Matthiae G. G. vol. 2, p. 555, Kenrick's transl.) 1. Nimis iracundam, &c. “That victory would have been ac- 65 companied by too much of angry feeling," i. e. that they would have made an angry and cruel use of victory. 2. Armatis. "Those who were actually in arms." Referring to the followers of Caesar. Compare Manutius: "Armatis, h. e. Caesarianis. 3. Otiosis. “Those who took no part in the conflict," i. e. who wished to remain neutral. Compare the language of Cicero's letter to Varro, (Ep. ad Fam. 9, 6): "Crudeliter otiosis minabantur : eratque iis et tua invisa voluntas, et mea oratio." And again, Ep. 292 ORATION FOR Page, 65 ad Att. 11, 6: “Omnes, qui in Italia manserant hostium numero habebantur." 4. Quid quisque sensisset, &c. "What sentiments each had entertained, but where he had been during the contest," i. e. whether with the army, and taking an active part against the foe, or remain- ing inactive and neutral at home. 5. Eliamsi poenas, &c. "Even though they may have sought a heavy atonement from the Roman people, on account of some offence, by their having raised so great and so mournful a civil war," i. e. even though they may have raised this destructive and mourn- ful war to punish the Roman people for some aggravated offence.— We have given expetiverint, with Ernesti, in place of expetiverunt, the reading of the common text. The relative quz, it will be per- ceived, takes the subjunctive excitaverint, because equivalent here to "since they," or "inasmuch as they." 6. Omnem spem salutis, &c. "To have referred our every hope of safety to the clemency and wisdom of the conqueror," i. e. to have made all our safety depend upon, &c. "C 7. Quare gaude, &c. Rejoice then in this so exalted a privi- lege," i. e. the privilege of having the safety of the whole Roman people dependant on thy clemency and wisdom. 8. Fortuna. "Your good fortune."-Natura et moribus tuis. "Your kind disposition and noble character."-Ex quo quidem, &c. "From all which a wise man derives his highest recompense and pleasure." 9. Caetera. "The other actions of your life."-Virtuti. "Upon vour valour.". "—Congratulabere. "You will have occasion to feli- citate yourself." Some read gratulabere, which is much inferior. 10. De maximis tuis beneficis. "Of the boundless favours you have bestowed upon us." 11. Quae non modo, &c. "Virtues which, I will venture to affirm, constitute not only our highest, but in fact our only true source of gratification." Literally, "which, I will venture to say, are not only the greatest, but in fact even the only goods." 12. In laude vera. "In well-merited applause."-Donata. "Bestowed," for a lasting possession; commodata, "lent," only for a season. 13. Lapsis. "Who have been led astray." Literally, "who have slipped."—Aut pravitate aliqua. "Or by any corrupt motive." 14. Sed opinione, &c. "But by an idea of duty, foolish perhaps, certainly not criminal, and by what appeared to be the public good.” More literally, "by a certain appearance of public benefit. Compare the language of Cicero's letter to Torquatus, (Ep. ad Fam. 6, 1,) M. MARCELLUS. 293 Page. "Quoddam nobis officium justum, et pium, et debitum reipublicae 65 nostraeque dignitati videbamur sequi.” 15. Non enim tua, &c. "For it is no fault of thine." Because they have mistaken thy character. The fault is theirs for not know- ing thee better.-Senserunt. "Have felt," i. e. after having been conquered by thee. 16. Nunc vero nenio, &c. "But now I come to that most heavy complaint and horrid suspicion of thine." Caesar had complained before the senate of the hostile feelings and moroseness (acerbitas) of Marcellus, and had expressed his suspicions that the latter still harboured evil designs against his personal safety. 17. Quae non tibi ipsi, &c. “A suspicion, the realizing of which ought to be guarded against not more by your own self," &c. Com- pare Manutius: "Providenda est, ne vera sit: providenda autcm curis, consiliisque nostris.' 18. Nunquam tamen verbis extenuabo. Cicero's meaning is this: Although I trust that your suspicion is a groundless one, still I will not seek to "lessen" it by any thing that I can say. For were I to lesson it, I would at the same time be throwing you more off your guard, whereas we all wish you to be careful about your own safety, since ours is closely connected, and in fact identified, with it. 19. Ut si in alterutro peccandum sit. So that if I must err in one or the other extreme,” i. e. of too much or too little precaution. -Parum prudens. "Not sufficiently prudent." Or simply "im- prudent." "L 20. Scd quisnam est iste, &c. "But who is that one so lost to all judgment?" i. e. who is the infatuated man whom you suspect of harbouring this design against you.-The student will mark the force of iste. Compare note 4, page 1. 21. De tuisne? "Is he one of your own ?" i. e. one of your own friends.-Qui magis sunt tui? "Who are more your own?" "Who were with you in the war. 1. Qui una tecum fuerunt. Referring to his followers generally. 66 "" 2. Tantus furor. "So great madness.”—Omnia summa “Every thing that was most desirable," i. e. the full completion of his wishes. 3. Cavendum est. "Who are they?" i. e. where are they now to be found? 4. Supersunt. We have adopted here the conjecture of Lambi- nus, which is approved of by Ernesti. The common text has super- fuerunt. 5. Tantae latebrae, &c. "Lurking places so deep, and recesses so hidden in their nature."-Diligentiam. "Your circumspection." "You must take care, I suppose."-Qui? 25* 294 ORATION FOR Page. 66 6. Tam ignarus rerum, &c. "So ignorant of the course of events, so total a stranger to the state of public affairs.” 7. Ex unius tua vita. ،، On your individual existence." Liter- ally, "on the life of thee alone." The genitive unius is put in apposition with the genitive implied in the possessive tua.-— Omnium, Supply vitas. 8. Ut debeo. "As I thought to do," i. e. as I am in duty bound, considering the many favours you have hitherto bestowed upon me. 9. Casus duntaxat humanos, &c. "I dread merely the common accidents of life, and the uncertain issues of health," &c. 10. Doleoque cum respublica, &c. The republic, remarks Cicero, ought to be immortal; but it depends entirely on your existence : you, therefore, ought to be as immortal as the republic ought to be. But you are a mortal, and I inourn, therefore, as well on account of its destinies as the shortness and limitation of your own career.- The language of flattery can hardly go farther. 11. Sceleris insidiarumque consensio. "The conspiring force of guilt and treachery." 12. Excitanda. "Are to be raised to their former state." An adroit exhortation unto Caesar to restore the former state of things, and one, too, so managed as to render it impossible for him to take offence.-Jucere. "Lie prostrate."--Belli ipsius impetu, &c. "Struck down and laid low, as was of necessity to be expected, by the very shock of the war." 13. Constituenda judicia. "Justice is to be re-established." Literally, "trials," i. e. the dispensing of justice must be placed upon a sure basis as formerly.-Revocanda fides. "Public credit is to be re-instated." Literally, "is to be recalled," i. e. to the position it formerly occupied in the opinions of all. 14. Comprimendae libidines. Licentiousness must be re- pressed," i. e. the license attendant upon a state of warfare. 15. Propaganda soboles. "Population be increased." Literally, "offspring be propagated," i. c. an increase of population encour- aged, to repair the losses occasioned by the carnage of the civil wars. Compare Dio Cassius, (43, 25,) ἐπειδή τε δεινὴ ὀλιγανθρωπία, διὰ τὸ τῶν ἀπολωλότων πλῆθος, πολυπαιδίας ἆθλα ἐπίθηκεν. δο also Augustus, at the close of the civil contest between himself and Antony, caused the famous Lex Julia, de maritandis ordinibus, to be enacted. Consult Legal Index. (( • 16. Omnia quac dilapsa, &c. "All those things, which have fallen away and are now going fast to ruin, are to be bound firmly in their former places by rigorous laws." A metaphor taken from the component parts of a thing becoming disunited, and the whole M. MARCELLUS. 295 Page falling to ruins. Such, according to the orator, has been the influ--66 ence of civil war on the institutions of Rome, an evil which Caesar is entreated to remedy by vigorous and salutary ordinances. "Excitement.". 17. Non fuit recusandum quin. "It was not to be denied but that."-Ardore. -Quassata respublica. "The shattered republic.”—Praesidia stabilitatis suae. "The supports of its stability," i. e. its stable supports. 18. Armatus. "When in arms."-Togalus. "If arrayed in the robe of peace," i. e. if acting in a civil capacity and if no intes- tine war had been raging. Compare note 15, page 30. 19. Quibus pracler te, &c. "For no one can heal them save you," i. c. the power, which you now enjoy in the state, makes you the fittest person to restore peace and happiness to your country. 20. Itaque illam tuam, &c. "And hence it was with a feeling of concern I heard that very remarkable and philosophic saying of yours, I have lived long enough for the purposes either of nature or of glory.'" The remark here alluded to formed part of Caesar's observations in the senate, when the affair of Marcellus was brought before them. After having complained of the undiminished hostil- ity of that individual towards him, and stated his own suspicions of secret treachery from Marcellus in case he were pardoned, he went on to remark, that, after all, this last was a matter of little moment to himself, since he had already lived long enough and enjoyed sufficient of glory. When he made this remark he was in the 54th ycar of his age. C 1. Patria certe parum. "Not long enough certainly for your 67 country." His country still wants the presence of Caesar to give her tranquillity and a settled order of things. 2. Quare omitte, &c. "Discard then that pretended wisdom shown by some philosophers in contemning death; do not wish to be wise at our risk," i. e. leave to its authors that stoical indiffer- ence which would inculcate the contempt of death; such pretended wisdom would be fraught with the most ruinous consequences to ourselves, whose lives depend on yours.-Istam here denotes con- tempt, and, in accordance with this idea, we have rendered it by the words "that pretended." 3. Doclorum hominum. Literally, "of the learned." Docti homines is herc, however, only a periphrasis for philosophi, and the stoic sect are particularly meant. The followers of this school taught that life and death are among those things which are in their nature indifferent. (Enfield's Philosophy, vol. 1, p. 350, seqq.) 4. Nimis crebro dicere, &c, Suetonius informs us, that Caesar ? 296 ORATION FOR Page. 67 had, in fact, led some of his friends to entertain the opinion, that he did not wish to live any longer, and did not regret the feeble health under which he was then labouring: Suspicionem Caesar quibusdam suorum reliquit, neque voluisse se diutius vivere, neque curasse quod valetudine minus prospera uteretur." (Suet. Vit. Jul. c. 86.) 5. Tibi. "For yourself," i. e. for all that you care to live for ; for all that your own feelings told you was worth enjoying in life. 6. Credo. "I believe it," i. e. I have no doubt that such is the state of your present feelings, and that you frequently indulge in such remarks as these. "" 7. Si tibi soli viveres. "If you were living for yourself alone," i. e. for yourself alone and not for your country also. 8. Nunc. But now." Equivalent to sed. Compare pro Arch. c. 11: "Nunc insidet quaedam in optimo quoque virtus," &c. 9. Res tuae gestae complexae sint. "Your actions have em- braced," i e. have been and continue to be closely identified with. Faernus rejects gestae, of which emendation Ernesti approves, on the ground that res tuae gestae ought to be at least res a te gestae. He retains, however, the common reading res tuae gestae, because the same form occurs again in the 9th chapter. 10. Tanlum abes a, &c. "You are so far from the completion of your greatest works, that you have not yet laid the very founda- tions which you think you have." Quae cogitas may also be ren- dered more freely, (C as you think you have." So again the phra- seology tantum abes ut, may be also translated, "you not only have not completed, &c. but have not even laid," &c. Com- pare, as regards this form of expression, the remarks of Scheller, Praecept, Styl. vol. 1, p. 65. 11. Hic tu modum tuae vitae, &c. "Will you here bound your existence not by the safety of the state, but by the moderation of your own feelings." Compare the explanation of Budacus: "Putasne te propterea satis vixisse, quod aequo animo et citra indignationem mori potes, et annos praeteritos non requiris ?” "That portion of existence which you have thus far enjoyed." With istud we may supply vitae. Literally, "that of life which is yours." 12. Istud. • 13. Parumne igitur, &c. "Will we then, you will ask, leave behind us, at the present moment, no great degree of glory ?" i. e. will I, if my existence now terminate, leave behind me no great degree of fame for posterity. 14. Aliis, quamvis multis, &c. Enough for others, howsoever (C M. MARCELLUS. 297 Page. numerous they may be; for yourself alone not enough,” i. e. the 67 glory you have thus far acquired might suffice for any other but Caesar. His destinies, interwoven as they are with those of his country, demand a larger share. 15. Quidquid enim est, &c. "For whatever there is, how extensive soever it may be, this certainly is but small, when there is any thing still more extensive than itself," i. e. your glory, Cae- is now undoubtedly great, but still it sinks into comparative insignificance when compared with that higher glory to which you have it in your power to attain. sar, 16. Rerum tuarum immortalium. "Of thy immortal achieve- ments." 17. Vide, quaeso, &c. "Beware lest your divine virtues be likely to enjoy more of admiration than of glory," i. e. be likely to excite the admiration of others, rather than add to your own glory. 61 18. Siquidem gloriu est, &c. Since glory is the brilliant and wide-spread renown arising from many and important services, either to one's friends, or country, or the whole human race." Some MSS. have vel in suos cives, but this would be pleonastic as in patriam follows. "This character, there- 19. Haec igitur tibi reliqua pars est. fore, yet remains for you to sustain." A metaphor borrowed from the language of the stage. Compare Ernesti, Clav. Cic. : “ Pars in scena est persona quam quis suscepit agendam. Hence the expressions in the Latin writers: "actores primarum partium,” “actores secundarum partium," &c., i. e. first-rate actors, second- rate," &c. 20. Hic restal actus. "This act remains to be performed," i. c. this act in the drama of your glory. 21. In hoc cluborandum est, &c. "For the attainment of this end must you exert your best endeavours, that you may place our republic on a firm basis, and may be among the first to enjoy it, in its settled state, ainid perfect tranquillity and retirement." In some good MSS. the word composita does not appear, and hence Faernus, Lambinus, and Graevius have expunged it from the text. It is retained, however, by Ernesti, who thinks composita too good a term to have owed its origin to a mere gloss. 22. Cum summa tranquillitate ci otio. Of which Caesar had thus far enjoyed so little. Compare Manutius: Nam adhuc tran- quillitate Caesar et otro caruerat, perpetuis bellis, Pharsalico, Alex- andrino, Africano vexatus. 23. El naturum ipsam expleveris, &c. "And shall have satis- fied Nature herself with a sufficient term of existence," i. c. when "" 298 ORATION FOR Page. 67 Nature herself is sated with living; when you shall have reached a good old age. 24. Quid est enim, &c. "For, after all, what is this same living long, in which there is always something that closes the scene, and, when this has arrived, all past pleasure goes for nothing, because there is none to be thereafter ?" Cicero's argument is this. What is a long life, considered merely as such? It is only a space of time which eventually is to have an end, and, when this end arrives, all that went before passes for a mere blank, because a mere blank comes after. How much better is it to lead a glorious life, which knows no limits, but will be perpetuated amid the praises of pos- terity. Say not then, Caesar, that you have now lived for a suffi- cient period, but rather turn your view to the career of glory which awaits you. When you have completed this, then say that you have lived long enough, for then your fame will be immortal. 25. Quanquam iste, &c. Cicero here corrects himself, in order that Caesar may not take offence at what precedes. 26. His angustiis, &c. "With these narrow limits which nature has prescribed unto us for the mere purposes of existence," i. e. with the narrow limits of life which nature has prescribed. 68 1. Nec vero haec tua vita, &c. Nor, in truth, can this be re- garded as your life which is bounded by the body and the soul," i. e. by the union of the soul with the body.-Some MSS. have dicenda est in place of ducenda est, and it is adopted also by Lambinus, Wolf, Schütz, and others. um. 2. Vita est tua. "Is your true existence."-Saeculorum omni- "Of all coming ages."-Alet. "Shall cherish."-Tuebitur. "Shall guard as its own," i. e. shall preserve. Equivalent to con- servabil or sustinebit. 3. Huic tu inservias, &c. "It is for this existence that it be- hooves you now to labour, for this to show forth your glory to the world an existence, which has long since possessed many things at which to wonder, which now looks for those that it may praise,' i. e. an existence which already possesses many claims to our won- der, which now looks for claims to our applause. " "" 4. Imperia, provincias. "Your commands, your provinces," i. c. the variety of important military commands which you have filled, the numerous countries which have been the theatres of those com- mands. 5. Rhenum. Referring to Caesar's victories over the Gauls and Germans.-Oceanum. Alluding to his invasion of Britain.-Nilum. His operations in Egypt. 6. Monumenta innumera. "The countless monuments that M. MARCELLUS. 299 Page. perpetuate those victories." We have adopted innumera, the read- 68 ing of several good MSS. and early editions, in place of the common lection, monumenta, munera. The term munera, as referring to mere gladiatorial shows, and public exhibitions, seems out of place here, the more especially as triumphos follows. "Shall be placed on a sure basis 7. Stabilita tuis consiliis, &c. by your counsels and laws." 8. Magna dissensio. "A great difference of opinion." 9. Alii fortasse aliquid rcquirent. "While others, perhaps, will miss the presence of something else." Literally, "will seek for," i. e. will seek but find not.-This "something" is explained imme- diately after. It is the extinguishing of the flames of civil war, by giving peace and safety to his country; or, in other words, the re- moving of every trace of former dissension, and the introduction of good order and public prosperity. In order to bring about these desirable results, the presence of Caesar is necessary, and he has, therefore, not yet lived long enough. If he stop now, there is a chance lest posterity may assign his successes to the mere operation of the decrees of destiny. He must do something still, which shall render his wisdom and sound policy conspicuous to after-ages. 10. Salute patriae. "By the safety of your country," i. e. by placing on a firm basis the safety and happiness of the Roman state. 11. Ut illud, &c. "That the former may appear to have been the work of fate, the latter of wisdom." Illud refers to Caesar's previous achievments, hoc to what Cicero and posterity expect from him, in securing the repose of his country. 12. Servi igitur, &c. "Have regard then for the opinions of those judges, who, many ages after this, will decide concerning thee, and perhaps, indeed, more impartially than we ourselves." Servire is here equivalent to rationem habere, and carries with it the idea of labouring strenuously to secure some advantage, or to gain the good opinion of another. (Compare Schütz, Index. Lat. s. v.)-Tho judges to whom Cicero alludes are posterity, and their tribunal will be any but a partial one. 13. Haud scio an. Consult note 22, page 40.-Et sine amore et sine cupiditate, &c. "Unbiassed by both affection and a love of solf, and free on the other hand from hatred and envy." Cupiditas refers here to schemes of personal advancement, which may be furthered by flattering the feelings of the powerful. 14. Id autem etiam, &c. "And even if this shall, (as some falsely imagine,) in no respect concern you then; it certainly con- cerns you now," &c., i. e. and even if the praises of posterity shall in no respect affect you, (supposing that erroneous doctrine to be 300 ORATION FOR Page. 68 true which teaches that there is no existence beyond the grave,) still, &c.-The expression ut quidam falso pulant expresses Cicero's disbelief in the doctrine of materialism which was then prevalent at Rome among the upper classes. The remark comes in here with great beauty, and still greater force, since Cacsar himself was a believer in the non-existence of a future state, and had openly avowed this opinion, on a former occasion, during the debate in the senate respecting the punishment of the accomplices of Catiline. The future glory of Caesar, as far as he himself shall be sensible of it, is here placed in full opposition to his own dark and chilling belief. 15. Diversae voluntates, &c. The inclinations of the citizens were various, and their opinions wholly divided." Alluding to the period of the civil contest. 16. Consiliis et studiis. "In sentiments and wishes." Com- pare Manutius: "consiliis ad sententias refertur, studiis ad volun- tates." 17. Erat autem obscuritas quaedam. "There was also an air of obscurity thrown, as it were, over the whole affair," i. e. the merits of the cause were dubious, and it was hard to say, on which side the justice of the contest lay.-An adroit extenuation, on the part of Cicero, of his own error and that of his friends in espousing the cause of Pompey. "Between two most illustrious (C 18. Inter clarissimos duces. leaders," i. e. Caesar and Pompey. 19. Multi dubitabant, &c. "" Many were in doubt, what one of the two causes might be the most just; many, what might be most expedient for themselves; many, what might be becoming in their case; some even, what it might be permitted them to do." Cicero here gives us four distinct classes of persons, all engaging more or less in the civil contest, and all actuated by different sentiments. In the first class are the true patriots and lovers of their country, whose only object is to ascertain what may be most conducive to her welfare. In the second class are the pretended patriots, who have a single eye to their own interests. The third class consists of those who are under personal obligations to one or other of the two leaders, and who, in selecting a side, are to be governed in a great measure by the claims of previous attachment, or, in other words, by what is becoming in their case. The last class are the plunderers of party, whose only object is to may go with impunity ascertain how far they 20. Perfuncla est. "Has at last gone through with,” i. e. is at last freed from. According to the rule of the ancient grammarians, M. MARCELLUS. 301 Page defungor is generally said of what is bad, and perfungor of what is 68 good. We have here, however, an exception to the remark. Com- pare Har. Resp. 8, and ad Fam. 5, 12. 21. Qui non fortuna, &c. "Who would not inflame his resent- ment by success," i. e. who would not act as victors are accus- tomed to act, and make victory the occasion and means for indul- ging in fiercer resentment than ever against his political foes.- Sed bonitate leniret. "But would soften it down by clemency," i. e. would make a mild and merciful use of it. 1. Morte. Caesar, after proving victorious, is said to have put 69 none to death except Faustus Sylla, Afranius, and L. Caesar. (Sue- ton. Vit. Jul c 75.) 2. Arma ab aliis, &c. "Their arms were laid down by some, were forced from others." Graevius condemns the use of ab in this sentence as violating correct Latinity: but it is employed in a similar way by the best writers, and by Cicero himself in the fol- lowing instances: in Verr. 3, 48, in Valin. 12, 5. Compare Er- nesti, ad lec. and Duker, ad Liv. 41, 14. 3. Armorum periculo liberatus, &c. "After having been freed from the danger of war, retains a spirit of warfare," i. e. who after having been forgiven, still cherishes hostile feelings. 4. Ul ctiam ille sit melior. of excuse."-In causa. "In espoused. "So that even he is more worthy defence of the cause which he has 5. Sed jam omnis, &c. Now, however, all civil disunion has been completely overcome by arms." Compare Manutius: "Frac- ta, h. e. sublata, spoliata viribus." 6. Unum velint. "Unite in their wishes."-Nisi. "Which you have expressed." less."-Qua usus es. 7. Ut vilue, &c. Because on Caesar's safety, and on the con- tinuance of his life, depend the lives and safety of all. 8. De me. "As far as regards myself." << "For un- "Non 9. Subesse aliquid. "That something lies concealed." Subesse is here equivalent to latere. Compare Ep. ad Fam. 10, 18 : possum non exhorrescere, si quid intra culem subest vulneris, quod prius nocere potesi, quam sciri curarique possit.” 10. Laterum nostrorum oppositus, &c. "The intervention of our sides and of our bodies," i. e. we are willing to present our own bodies as a rampart between you and your foes. 11. Sed unde est orsa, &c. "But let my remarks terminate as they began." Literally, "let my speech be ended in the same place whence it began,' began," i. e. let me end as I began with an expres- sion of thanks. 26 302 ORATION FOR Page. 69 12. Majores etiam habemus. "We have still greater ones, which language cannot express." Compare Manutius : "Plus enim animus comprehendit, quam quod exsequi verbis liceat." 13. Stantibus. When any senator spoke he stood up, except when he merely assented to another. Cicero means, therefore, that it is not necessary for all the assembled senators to address Caesar standing," i. e. personally or individually. Some of the early editions have astantibus, which appears in a few MSS. ไ A me certe dici volunt. 14. Dicere. "To give utterance to those feelings in words.". They wish them to be expressed by me "Both because." at least."-Et quod. 64 15. Praccipue id, &c. Ernesti rejects praecipue id a me fieri, and changes debere to deberi. But this is too bold, although resting in some degree on MS. authority. 16. Non ut. "Not as it were." 17. Quod autem summae, &c. "What constitutes, moreover, a proof of the most intimate friendship, (such as mine towards him was known by all on every occasion to have been, so that I scarcely yielded to Caius Marcellus, his most excellent and affectionate brother, except him, indeed, to no one,) this, after having displayed it as long as there was any doubt about his personal safety, by my solicitude, my carc, my exertions in his behalf, I certainly ought to exhibit on the present occasion, freed as I now am from anxieties, troubles, sorrows of no ordinary magnitude."—In the regular gram- matical construction of this sentence the antecedent id, understood before quod, is governed by praestare. We have preferred, how- ever, in order to render the whole more intelligible, to consider quod as elliptical for quod attinet ad id quod, and to understand another id before pracstare. 18. Itaque Cai Caesar, &c. The elegance of the idiom sic ul, in this passage, is worthy of particular notice. It is the same, in effect, as ob hoc, quod. "Wherefore, Caius Caesar, I return you my thanks for this, because, after having been not only restored by you in all respects to a state of safety, but even graced with honours, a crowning favour has nevertheless been added, by your conduct on this occasion, to your countless acts of kindness already conferred upon me individually, a circumstance which I thought no longer able to be brought about." It remains but to add a few words relative to Marcellus. his fate is a singular one. After being pardoned by Mitylene, and had come as far as the Piraeus, or harbour of Athens, on The story of Caesar, he left M. MARCELLUS. 303 his way to Rome. Here he spent a day with his old friend and col- league, Servius Sulpicius, intending to pursue his journey the following day by sea. But in the night, after Sulpicius had taken leave of him, the 23d of May, he was killed by his friend and client Magius, who stabbed himself instantly with the same poinard. Sulpicius sent an account of the whole affair, to Cicero, (Ep. ad Fum. 4, 12,) of which the following is an extract :- "On the 22d of May, I came by sea from Epidaurus to the Piraeus, to meet my colleague Marcellus, and, for the sake of his company, spent that day with him there. The next day, when I took my leave of him with the intention of going from Athens into Boeotia, to finish the remaining part of my jurisdiction, he, as he told me, intended to set sail, at the same time, for Italy. The day following, about four in the morn- ing, when I was preparing to set out for Athens, his friend P. Postu- mius came to let me know that Marcellus was stabbed by his companion, P. Magius Cilo, after supper, and had received two wounds, the one in his stomach, the other in his head near the ear; but he was in hopes still that he might live; that Magius presently killed himself; and that Mar- cellus sent him to inform me of the case, and to desire that I would bring some physicians to hun. I got some together immediately, and went away with them before break of day. But when I was come near the Piraeus, Acidinus' boy met me with a note from his master, in which it was signified, that Marcellus died a little before day." Magius, who killed him, was of a family which had borne some of the public offices, and had himself been quaestor. Having attached himself to the fortunes of Marcellus, and followed him through the wars and his exile, he was now returning with him to Italy. Sulpicius gives no hint of any cause that induced him to commit this horrid act, which, by the immediate death of Magius, could never be clearly known. Cicero's conjecture was, that Magius, oppressed with debts, and apprehending some trouble, on that score, upon his return, had been urging Marcellus, who was his surety for some part of them, to furnish him with money to pay the whole, and, on receiving a denial, was provoked to the madness of killing his patron. (Ep. ad. Att. 13, 10.) (Ep. ad. Alt. 13, 10.) According to others, however, he was prompted to the deed, by seeing other friends more favoured by Marcellus than himself. (Val. Max. 9, 11.) ORATION IN FAVOUR OF THE MANILIAN LAW. Pago. 71 1. M. TULLII CICERONIS, &c. "The Oration of Marcus Tul- lius Cicero in favour of the Manilian law."-This oration, which is accounted one of the most splendid of his productions, was the first in which Cicero addressed the whole people from the rostra. It was pronounced in favour of a law proposed by Manilius, a tribune of the commons, (A. U. C. 687,) for constituting Pompey sole general, with extraordinary powers, in the war against Mithridates and Tigranes, in which Lucullus had previously commanded. The Mithridatic war had now continued for the space of twenty-three years, with some intermission, and with great alternations of fortune on both sides. The chiefs of the senate regarded the law in question as a dan- gerous precedent in the republic; and all the authority of Catulus, and eloquence of Hortensius, were directed against it. Cicero, in advocating its passage, divides his discourse into two parts,-show- ing, first, that the importance and imminent dangers of the contest, in which the state was engaged, required the unusual remedy pro- posed, and—secondly, that Pompey was the fittest person to be entrusted with the conduct of the war. This leads to a splendid panegyric on that commander, in which, while he does justice to the merits of Lucullus, he enlarges on the military skill, valour, authority, and good fortune of his favourite chief, with all the force and beauty which language can afford. By dwelling on these topics, and by adducing examples from all antiquity, of the state's having been benefited, or saved, by entrusting unlimited power to a single person, he allays all fears of the dangers, which, it was apprehended, might result to the constitution from such extensive authority being vested in one individual. 304 THE MANILIAN LAW. 305- The Manilian law was passed, and the success of Pompey was brilliant and decisive, without any of those evil effects resulting to the state which the foes of the measure had predicted. 2. Quamquam mihi, &c. Although, Romans, the sight of your crowded assemblies has always appeared to me by far the most pleasing of spectacles, and this place, moreover, the most dignified for treating with you, the most honourable for haranguing." 3. Hic autem locus. Alluding to the rostra, where he was standing at the time. The rostra (more commonly, but less correctly called rostrum) was a pulpit or tribunal, in the Roman forum, where those who addressed the people stood. It was so called, because adorned with the beaks of the vessels said to have been taken from the Antiates. (Liv. 8, 14.-Varro, L. L. 4, 32.) There were at Rome the old and new rostra, (velera et nova,) the former, which are here meant, stood in the centre of the forum, (Appiun, B. C. 1, 94,) the latter at the base of the Palatine, in the southern angle of the forum. This last was erected by Caesar. (Nardini, R. V. 5, 3.-Rasche Lex. rei num. vol. 7, col. 1286.) 7. Mea voluntas. "C Page 71 " 4. Ad agendum. The phrase agere cum populo signifies, “to treat with the people," i. e. to address them, soliciting their votes for or against a particular measure. Thus Aulus Gellius remarks, (13, 15): “Cum populo agere est rogare quid populum quod suf- fragis suis aut jubeat aut vetet." 5. Amplissimus. This epithet is here applied to the rostra, from the circumstance of magistrates alone, or those whom they per- mitted, being allowed to address the people from this place. So also, the expression ad dicendum ornatissimus indicates how hon- ourable it was considered to harangue the people from the rostra. Compare the explanation of Hotomannus: " Ad agendum amplissi- mum appellat, quod nullis nisi amplitudine praeditis viris agere cum populo liceret; ad dicendum ornatissimum autem, quod orna- mento esset iis qui concionabantur." 6. Hoc aditu laudis, &c. "From this avenue to praise, which has always lain freely open to each most meritorious individual." More literally, "which has always lain open in particular," &c. By optimo cuique are meant the wise and good.-With a magistrate's permission, private persons were allowed to address the peoplo from the rostra. My own inclinations." 8. Mcac vitae rationes, &c. "The rules of conduct formed by me from the very commencement of my career." More literally, 26* 306 ORATION IN FAVOUR OF Page. 71 "my way of life," &c. Cicero here refers to the rule, which he had laid down for himself, of attending to the private concerns and cases of his friends, until age and experience should qualify him for ap pearing in public and addressing the people from the rostra.-By actate in this sentence is meant, not boyhood, but the period of Cicero's entering on active and professional pursuits. 9. Per aetatem. Cicero had already held the offices of quaestor and acdile before he addressed the people on this occasion. He was now in his 41st year. 10. Hujus auctoritatem loci attingere. "To have aught to do with the authority of this place," i. e. to aspire, in the slightest degree, to the honour of addressing you from such a place as this, where none but the most eminent individuals ought to be heard.- Attingere properly means, "to touch gently," " to come in slight con- tact with," and is, therefore, the very term to employ in the present case. It is sanctioned by the authority of many MSS., and is adopted by Graevius, Ernesti, and others. The common reading contingere is too strong, implying, "to come in full contact with,” "to reach," &c. 11. Nisi perfectum ingenio, &c. "But what had been perfected by maturity of talent, carefully wrought out by assiduous applica- tion." Cicero assigns three reasons for his not ascending the rostra at an earlier period: first, the rule of conduct which he had pre- scribed to himself, in devoting his chief attention, at first, to the private cases of his friends: secondly, the modesty and diffidence arising from his consciousness of the want of experience; and thirdly, the conviction, that no one ought to address the people from the place where he then stood, except after his abilities had become matured by age, and sharpened by application and extensive expe- rience. 12. Omne meum tempus, &c. "I thought that all my time. ought to be devoted to the concerns of my friends," i. e. to my friends standing in need of my assistance and advice. As regards the peculiar force of temporibus, in this passage, consult note 19, page 52.-Transmillendum. More literally, "ought to be trans- ferred." 13. Vestram causam. "Your interests." Compare the remark of Manutius: "Rostra enim nemo nisi pro populo dicturus as- cendit." 14. Et meus labor, &c. "And my exertions, fairly and faithfully employed amid the dangers of private individuals, have reaped from your suffrages a most ample reward," i. c. employed by me in ward- ing off the dangers which threatened my clients. Some commenta- THE MANILIAN LAW. 307 Page. tors consider the expressions caste integreque as having reference 71 to the Cincian law, by which advocates were not allowed to take any fees or presents from their clients, (vid. Legal Index.) The allusion, however, seems rather to be a general one, to professional fidelity and care. 15. Propter dilationem comitiorum. "On account of the adjourn- ment of the comitia." The comitia were adjourned, i. e. stopped, and put off to another day, for various reasons. Any magistrate of equal or greater authority than the one who presided, might, as well as the latter, take the auspices before the meeting was held, espe- cially if he wished to hinder an election, or prevent a law from being passed. If such magistrate, therefore, declared that he had heard thunder or seen lightning, the comitia were broken off, and deferred to another day. The same result was produced if any person, while they were holding, was seized with epilepsy, if a tem- pest arose, if a tribune of the commons interposed his veto, &c. 16. Ter praetor primus, &c. "I was thrice declared first prae- tor by all the centuries," i. e. twice at the two comitia that were broken off, and where the people had already manifested their good wishes towards him, and the third time when he was actually elected. The number of praetors at this time was eight. He was called praetor primus, or first praetor, who had the largest number of votes, and the result of the clection was always proclaimed by the voice of a herald, who was said renunciare, "to declare" the result, just as the successful candidates were said renunciari.-Plutarch in- forms us, that, on this occasion, Cicero had many persons of dis- tinction for competitors, and yet he was returned first. (Vit. Cic. c. 9.) 17. Centuriis cunctis. The praetors were chosen at the Com- itia centuriatia, as were also the consuls, censors, &c. The inferior magistrates, such as the aediles, tribunes, quaestors, &c. were elected at the comitia tributa. At the latter of these comitia, the vote of cach citizen counted, whercas at the centuriala the centuries of the different classes voted as such. Thus, there were 193 centuries, forming six classes, and of these the first and richest class consisted of ninety seven centuries. If the centuries of the first class agreed, the affair was decided. This arrangement, which dated back as far as the time of Servius Tullius, was intended to place all the power in the hands of the upper classes. 18. Et quid aliis praescriberetis. "And what course of conduct you prescribed to others," i. e. in case they wish to attain to your favour in as signal a manner as I had. The course prescribed was the one which Cicero had pursued, namely to devote their earlier 308 ORATION IN FAVOUR OF Page. 71 efforts to the concerns of friends and clients, until the experience which this brought along with it entitled them to come forward with strong claims on the favour of the people. " 19. Quantum vos honoribus, &c. 'As you have willed there should be in the circumstance of your conferring honours upon me," i. e. as you have willed should be annexed to the offices which you have bestowed upon me.-Honoribus mandandis. Literally, "in assigning honours." Compare the explanation of Fabricius: "dum honores mihi mandatis." The common text has mandan- dum, for which we have given mandandis with Fabricius, Ernesti, and others, on the authority of several MSS. 20. Et ad agendum, &c. “And as much fitness for addressing you, as the almost daily exercise of speaking has been able to bring with it to a man of industrious habits, from the practice of the bar," i. e. to one who has thus far been merely a pleader at the bar.-Ad agendum. Literally, "for treating with you." Compare note 4, page 71. 21. Ea apud eos utar, &c. i. e. "in the presence of," or, the Roman people assembled in comitia. "I will exert it with those," &c. "before those," The allusion is to 22. Dicendo. This serves to explain ad agendum, in the previ- ous part of the sentence, with which it is synonymous. 72 1. Qui ei quoque rei, &c. "Who have thought that some recompense for this also should be awarded me by their suffrages." By the expression ei rei, Cicero means, not so much the mere habit of speaking at the bar, considered in itself, as the fact of his having always exerted himself there in defending the welfare and interests of his friends and clients.-Fructum. The recompense alluded to was the praetorship, which he had obtained that very year. A. U.. C. 687. 2. Atque illud, &c. "And I see that the following circum- stance, in particular, ought with good reason to afford me a ground of rejoicing," i. e. that I ought, with good reason, to congratulate myself on the following account. 3. In hac insolita mihi, &c. "In this, to me unusual, mode of speaking from the place where I now stand," i. e. unaccus- tomed as I am to harangue in this manner, and from this place. The pronoun hoc, with loco, indicates the gesture of the orator. 4. Oratio. "An eloquent appeal." Literally, an oration," or "harangue." 5. Difficilius est exitum, &c. abundance of materials, with fail to supply the speaker. On account, namely, of the rich which the merits of Pompey cannot Cicero's harangue here will remind the THE MANILIAN LAW. 309 Page. student of the exordium of Lysias, in the speech against Eratos- 72 thenes : Οὐκ ἄρξασθαί μοι δοκεῖ ἄπορον εἶναι, ὦ ἄνδρες δικασταὶ ἀλλὰ παύσασθαι λέγοντι. 6. Copia. "some limit." "An abundant supply of materials."-Modus. 7. Unde haec omnis causa ducitur. "Whence the whole of the affair now under consideration is derived." We have adopted ducitur, the reading of the best editions, in place of dicitur, which is exhibited by the common text. 8. Vestris vectigulibus atque sociis. Against your tributaries and allies." The vertigales were they who paid taxes or tribute in the produce of their lands; the stipendiari, on the contrary, in money. The former were in a better condition than the latter, since the proportion of produce paid by them depended always on the nature of the crop, being less in years of scarcity than in those when the harvests were abundant; whereas, in the case of the stipendiarii, the amount was always the same one year with another. Consult Ernesti, Clav. Cic. s. v. stipendiarius, and the authorities there cited. "C 9. Mithridate et Tigrane. The former, king of Pontus, the latter of Armenia. Tigranes was son-in-law to Mithridates. Con- sult Historical Index. ^^ 10. Quorum alter relictus. "The one of whom being left unme- lested after defeat," i. e. not being pushed after defeat; the victory on the part of the Romans not being followed up. The allusion is to Mithridates, who, after being repeatedly overcome by Lucullus, had again become powerful, the Roman general not being able to follow up his successes, in consequence of the mutinous spirit of his troops. Part of his army had been discharged and disembodied, the remainder transferred to Glabrio. Compare the end of chapter 9: Hic in ipso illo malo," &c. 11. Aller lacessitus. "The other provoked by your arms,” i. e. roused to action by the movements of Lucullus. This is a mere piece of oratorical exaggeration. The truth was, Mithridates and Tigranes were on the poin of entering Lycaonia and Cilicia with their whole force, when Lucullus marched into Armenia. (Plut. Vit. Lucull. c. 24, seq.) 12. Asiam. The Roman province of Asia is here meant, com- prchending Mysia, Lydia, Caria, and Phrygia. Consult Geograph- ical Index. The revenues of this province were extremely rich, and hence the tempting nature of the prize. Compare the remark of Manutius: "Asiam, cujus certissima et magna vectigalia.” 13. Equitibus Romanis. The Roman knights, or equites, 310 ORATION IN FAVOUR OF Page. 72 farmed the public revenues from the censors. -Honestissimis viris. "A very honourable class of men." Cicero, himself of equestrian origin, always uses this and similar language in speaking of the equites. 14. Quorum magnae res aguntur, &c. Large sums belonging to whom are now at stake there, being laid out by them in the farming of your revenues." The equites, or, as they were more commonly called, publicani, had purchased the revenues of the province of Asia from the censors, for a large amount, and were to look to the actual collection of those revenues for reimbursement and profit. The large sums of money, thus advanced by them to the state, were endangered by the prospect of war, since success on the part of the foe, and the consequent ravaging of the fields, would impair of course the productiveness of the province, and lessen materially the chances of repayment. 15. Occupatae. Equivalent here to collocatae. Compare pro Flacc. 21: “ Pecuniam adolescentulo, grandi fenore, fiducia tamen accepta, occupavisti:" and also, in Verr. 1, 36: "Pecumas occu- parat apud populos, et syngraphas fecerut." 16. Qui. "These."-Pro necessitudine, &c. « On_account of the intimate connexion which exists between me and that order." Cicero, as we have already remarked, was himself of equestrian family. Compare pro Rub. 6: "Vos equites Romani videte: scitis me ortum a vobis." (4 M 17. Periculaque rerum suarum. "And the dangers to which their own private fortunes are exposed." 18. Bithyniae. Consult Geographical Index.-Quae nunc vestra provincia est. "Which is now a province of yours." Nicomedes, the last sovereign of Bithynia, had, by his will, inade the Roman people his heirs. The ostensible cause of this bequest was grati- tude to the Romans, for having been restored to his dominions by Sylla after having been driven out by Mithridates. (Eutrop, 6, 6. -Appian. B. M. 7.) 19. Regnum Ariobarzanis. Cappadocia. Ariobarzanes was thrice driven from his throne by Mithridates. The first and second time he was restored by Lucullus, the third by Pompey. The period, alluded to in the text, is that which intervened between his second expulsion and final restoration, and during which Mithridates had again becoine powerful in consequence of the recall of Lucullus. (Appian, B. S. 48.- Id. B. M. 10 segg.) 20. Ab eo hello discedere. It was now about eight years since Lucullus was sent to the Mithridatic war, and he had during this period, by a series of brilliant successes, acquired for himself a high THE MANILIAN LAW. 311 Page. military reputation. He had driven Mithridates out of his kingdom 72 of Pontus, and gained several memorable victories over him and his son-in-law Tigranes. His success, however, occasioned envious feelings at Rome, and it was alleged against him, that he had not pushed the war with vigour against either Mithridates or Tigranes, that he might furnish a pretext for his being still continued in com- mand. His army, besides, had become restless and mutinous, from the perpetual fatigues to which they were exposed, but principally from the factious arts of Clodius, brother-in-law to Lucullus, who was an officer in the army, and conceived himself neglected by the commander. The disaffection of the troops was still farther increased by an unlucky defeat of Triarius, one of the lieutenants of Lucullus, who, in a rash engagement with Mithridates, was destroyed, with the loss of his camp and the best of his troops. As soon, therefore, as they heard that Glabrio, the consul of the previous year, was appointed to succeed him, and had actually arrived in Asia, they broke out into open mutiny, and refused to fol- low Lucullus any longer, declaring that they had ceased to be his soldiers. 21. Huic qui successerit, &c. "That the individual who has succeeded him is but ill prepared for the management of so impor- tant a war." The allusion is to Glabrio, who was appointed to succeed Lucullus. The words non satis esse paratum ostensibly refer to the inadequate state of his resources; but they contain also a covert allusion to his mental incapacity. Cicero (Brut. 68) de- scribes Glabrio, as "Socors ipsius natura, negligensque."―The student will mark the force of the subjunctive mood in successerit, The speaker gives merely the language of rumour, and does not state, as a fact within his own knowledge, that Glabrio has, by this time, actually assumed the command. So that qui successerit means in truth, "who is said, by this time, to have succeeded him.” -In place of successerit some read succurrerit, which last Hoto- mann endeavours to defend, as expressing the cagerness with which Glabrio seized the command, when superseding Lucullus. But successerit is every way preferable. 22. Unum. "That one individual." Alluding to Pompey.— Eundem hunc unum, &c. "That this same one individual is feared by the enemy, no one besides." 23. Causa quae sit. What is the nature of the affair before you," i. e. what is the nature of the discussion which now claims your attention. 24. De genere belli. "Of the character of the war." 25 Ad studium persequendi. "To the desire of inflicting a 312 ORATION IN FAVOUR OF I Page. 72 severe retaliation.” but supplied by Graevius and Ernesti from MSS. 73 26. In quo agitur, &c. “For in it the glory of the Roman people is at stake." In quo, beginning the clause, is equivalent to nam in eo. 1. Certissima vectigalia et maxima. "The surest and most important revenues.” We have here another specimen of oratorical exaggeration, since elsewhere (de leg. agr. 2, 29) Cicero speaks of the Campanian vectigalia as the surest and best: "An ignoratis, cetera illa magnifica populi Romani vectigalia, perlevi saepe mo- mento fortunae, inclinatione temporis pendere? Quid nos Asiae portus, quid Syriae rura, quid omnia transmarina vectigalia juva- bunt, tenuissima suspicione pracdonum aut hostium injecta? At vero hoc agri Campani vectigal cum ejusmodi est, ut domi sit, et omnibus praesidiis oppidorum tegatur: tum neque bellis infestum, nec fructibus varium, nec coelo ac loco calamitosum esse solet.' "" 2. Et pacis ornamenta, &c. "You will have to seek anew for both the ornaments of peace, and the sinews of war," i. c. you will miss, you will feel the want of what constitute the ornaments of peace, &c. The same idea is expressed in the second oration against the agrarian law of Rullus, (c. 29,) already referred to in the previous note: "Pacis ornamentum, subsidium belli, fundamentum vectigalium." Compare chapter 6, of the present speech: "Si et belli utilitatcm et pacis dignitatem sustinere vultis.” 3. A vobis et ipsorum, &c. In the early editions, and in most MSS., we find a vobis et imperatoribus reipublicae consulendum. Lambinus obtained the reading in the text from three MSS., and it has been adopted by Graevius, Ernesti, and others. Ernesti re- marks: "Ego vero nullam causam idoneam vidco quare hic impera- tores populi Romani commemorentur, cum de uno deligendo agatur, et quidem per populum Romanum. 4. Delenda vobis, &c. "That stain, contracted in the previous Mithridatic war, must be effaced by you, which has now sunk deeply in, and become identified by lapse of time with the name of the Roman people." Inveterasco, which we have here rather paraphrased than translated, means literally, "to grow old in," "to gather strength by age or time," "to become deeply rooted," &c. 5. Quod is, &c. "That he," &c. Referring to Mithridates, and his indiscriminate slaughter of the Romans in Asia. This monarch sent secret orders to all the governors of his Asiatic prov- inces, enjoining on them to massacre, on the thirtieth day after the receipt of these instructions, all the Romans and Italians in their several districts, without regard to age or sex, and to leave their bodies without the rites of burial. (Appian. B. M. 22.) Plutarch These words are omitted in the common text, THE MANILIAN LAW. 313 Page. makes the number slain on this occasion to have been 150,000. 73 (Vit, Syll. c. 24.) Valerius Maximus (9, 2, 3) gives it as 80,000, which is probably nearer the truth. This event occurred in the consulship of Sylla and Q. Pompeius Rufus, A. U. C. 666, B. C. 88. 6. Uno die. The massacre took place on the same day through- out the cities of Asia. The interval of thirty days was prescribed, in order that the secret intelligence might be communicated in time to the more distant cities. The messenger would have time to visit all in thirty days, and all would then be prepared to act in concert. 7. Tot in civitatibus. Appian (B. M. 23) enumerates several of the Greck cities of Asia which obeyed the cruel directions of Mithridates, and mentions also the different ways in which the order was executed. Temples and altars afforded no refuge. The only two states that remained faithful to the Romans, amid the general defection which followed this disaster, were Magnesia and Rhodes. 8. Atque una literarum significatione. "And by the import of a single letter." The confidential messenger had a letter, or general circular, which he showed to each of the governors of the cities. 9. Cives Romanos, &c. "Marked out Roman citizens for butchery and death." We have altered, in translating, the position of trucidandos and necandos, in order to adapt the meaning more to the English idiom. Trucido is to put to death with circumstances of cruelty, to butcher, &c. 10. Sed ab illo tempore, &c. "But is now reigning for the twenty-third year from that period." This oration was delivered A. U. C. 687. The massacre took place A. U. C. 666. 11. Neque Cappadociae latebris. "Nor in the lurking places of Cappadocia." The term latebrae refers to the inland situation of this country, compared with the other regions that border upon Pontus. Compare the remark of Manutius: "Quia gentium uni- versarum, quae Pontum accolunt, una maxime introrsus recedit :" and also Cicero, (Agr. 2, 21,) “In Paphlagoniae tenebris, atque in Cappadociae solitudine.” 12. E patrio regno. Pontus. Mithridates was the seventh monarch of the name that ruled over this country.—Atque in vestris vectigalibus, &c. "And to carry on his operations in the midst of your tributaries, that is, under the very eyes of Asia." The force of luce, in this clause, is apparent from its being contrasted with latebris occultare. Compare Ep. ad Quint. fratr. 1, 1, 2: “ Istam virtutem non latere in tenebris, neque esse abditam, sed in luce Asiae, in oculis clarissimae provinciae, atque in auribus omnium gentium esse positam." 27 314 ORATION IN FAVOUR OF Page. 73 13. Insignia victoriae. "The badges of victory," i. e. standard and other emblems of success. Some commentators consider the allusion to be to triumphs, but erroneously.-Non victoriam. "No victory itself." 14. L. Murena. L Licinius Murena was the lieutenant of Sylla Consult Historical Index. 15. Pulsus superatusque regnaret. vanquished still reigned. Though repulsed and 16. Quod egerunt. "For what they did,” i. e. propter id quod egerunt. Quod reliquerunt. "For what they left undone." Mat thiae considers quod a conjunction here, and after reliquerunt under- stands Mithridatem. The construction we have adopted is much simpler. If quod be a conjunction with reliquerunt, it must also be a conjunction with egerunt, than which nothing can be more awk- ward. "" (< 17. Respublica. "The state of public affairs at home." The successes of the Marian faction at home induced Sylla to return to Italy. He made one treaty with Mithridates; and Murena, his lieutenant, when recalled by him, made another. Hence, in strict- ness, the present was the third Mithridatic war. 18. Murenam Sulla revocavit. Sylla had pressing occasion, very probably, for all these troops in Italy. According to Plutarch, (who obtains his information from the commentaries of Sylla,) he had to encounter on his return home, upon this occasion, fifteen generals, who had under them not less than twenty-five legions. (Vit. Sull. c. 27.) 19. Omne reliquum tempus. Referring to the interval between the departure of Murena and the renewal of hostilities by the Ro- mans.—Ad comparationem novi. "To preparations for a new one.' "> 20. Qui posteaquam, &c. "For after he had built and equipped,” &c. Qui beginning a clause is here equivalent to ille. 21. Bosporanis. "Against the inhabitants of the Bosporus." The people of the Thracian Bosporus (straits of Constantinople) are meant, who had revolted from him to the Romans. 22. Legatos. L. Magius and L. Fannius, expatriated citizens of Rome, and belonging to the Marian faction, who had fled to Mithridates, and had persuaded him to send them as ambassadors to Sertorius, the head of the Marian party, who was now very power- ful in Spain. (Appian. B. M. 68.) Asconius, in his comments on the first oration against Verres, (c. 34,) remarks as follows: "Hi transfugae facti, a Mariano exercitu, apud Mithridatem agentes, ab eodem rege ad Sertorium missi erant de paciscenda societate belli adversus Romanos: quos in Italia jam positos, et ad Sertorium THE MANILIAN LAW. 315 Page. festinantes, et hostes judicaverat, et inquirendos mandaverat 73 senatus." 23. Ac literas. "And letters," i. e. proposals or despatches. The MSS. vary considerably here. Some have Ecbatanis, which is the reading adopted in the common text, others Electanis, Elec- tariis, e Lebetanis, ac literas. This latter reading has been adopted by Matthiae, Orellius, and others. It is certainly far preferable to Ecbatanis, since Ecbatana, in Media, does not appear to have been visited by Mithridates, or even Tigranes. 24. Ad eos duccs. Referring to Sertorius and his followers. This commander had formed a senate, composed of the senators proscribed by Sylla, as well as others of his own choosing, and endeavoured, in every possible respect, to imitate the form of gov- ernment at home. The leaders referred to were, besides himself, his lieutenants and other officers.-Duobus in locis. Pontus and Spain. 25. Uno consilio. "In accordance with one common plan of operations."—A binis hostium copiis. The distributive numerals are used with words which have no singular, or whose singular, as in the present instance, has a different signification from the plural. (Zumpt, L. G. p. 72.) This rule is of use in translating: thus, duae literae," two letters of the alphabet," but binae literae, “two epistles." Tria vestimenta, "three pieces of clothing," but terna vestimenta, "three suits of clothing." Quatuor castra, "four for- tresses," or "castles," but quaterna castra, "four camps," &c. 1. Vos, ancipiti contentione districti, &c. "You, embarrassed 74 by a contest pressing you on both sides, might have to contend for empire itself,” i. e. for the very existence of your empire. Districti is here equivalent to in angustias redacti. Some read destricti, others distracti, but both are inferior. 2. Sed tamen alterius partis, &c. "The danger, however, which threatened on one side, from Sertorius and Spain." Manutius suspects the words Sertorianae atque Hispaniensis of being a mere gloss. 3. Firmamenti ac roboris. "Of enduring strength." Literally, "of stability and strength." Owing, namely, to the military talents of Sertorius. 4. Cn. Pompeii divino consilio, &c. "Was warded off by the godlike wisdom and unequalled valour of Cneius Pompeius." This is the language of gross adulation. Sertorius was incomparably the better general of the two, and, had he not lost his life by the treachery of some of his followers, would most certainly have proved superior in the contest.-Cicero had the consulship in view, and his 316 ORATION IN FAVOUR OF Le Page 74 object, therefore, was to gain the good will of the people by extolling their favourite, and secure also by this means the friendship of Pompey. 5. In altera parte. "In the opposite quarter." Referring to Asia-Ita res a L. Lucullo, &c. Cicero's object is to depreciate Lucullus, in proportion as he seeks to elevate the character of Pompey. He manages this, however, with great adroitness, for he apparently allows great praise to Lucullus, but then there is always something added which diminishes its force. Whereas, in Pompey's case, his commendations are unbounded, and even fulsome. Lucul- lus, like Sertorius, was far superior to Pompey in military talents. 6. Initia gestarum rerum. Beginnings of exploits." Alluding to the earlier movements of Lucullus in the Mithridatic war. 66 7. Hacc autem extrema. "These latter reverses, however." Mithridates had, on the departure of Lucullus, not only regained possession of Pontus, but had even made an inroad into the Roman province of Asia. He had defeated also the heutenants of Lucullus, and made himself master of a large part of Asia Minor. Compare chapter 9. 8. Non culpae, sed fortunae. "Not to any fault of his, but to his ill-fortune." This, though apparently fair, is in fact very invidi- ously uttered. Cicero afterward, in enumerating the qualifications of an able general, gives good fortune a very conspicuous place, and finds, of course, a very great abundance of it in his favourite Pompey. 1 9. Alio loco. He returns to Lucullus in the 8th chapter.-Ora- tione nostra. "By any remarks of mine." "To be bestowed upon him." Affingere liter- by framing, devising, or inventing. Compare “Faciam ut intelligatis quid error affinxe- 10. Afficta esse. ally means, to add pro Cluent, c. 4: rit, quid invidia conflarit.” 11. Exorsus. "The true beginning."—Quem vobis, &c. "What feelings you are to think ought to be entertained by you.” 12. Mercatoribus ac naviculariis, &c. "Because their traders and proprietors of vessels were treated in too wrongful a manner." The mercatores, among the Romans, remained a very short time in a place, visited many countries, and were almost constantly occu- pied with exporting and importing articles of merchandise. The negotiatores, on the other hand, remained for some considerable time in a particular spot.-Naviculariis. This is the reading of Lambinus, and is adopted also by Graevius, Ernesti, and others. It is found in good MSS. The early editions have naviculatoribus, which occurs nowhere else in the ancient writers, · THE MANILIAN LAW. 317 Page. 13. Tot millibus. Plutarch, as we have already remarked, makes 74 the number 150,000, but Valerius Maximus 80,000. 14. Legati quod erant appellati superbius. "Because their ambassadors were addressed in too haughty a manner.” Cicero purposely lessens the nature of the offence, that it may be contrasted the more forcibly with the conduct of Mithridates. He makes it to have been merely an employment of haughty language on the part of the Corinthians. What the insult really was is differently repre- sented by the ancient writers, and nowhere clearly appears. Strabo (8, p. 381, Casaub.) says, that filth was thrown upon the Roman ambasssadors from one of the houses of the city, as they were pas- sing by . τινὲς καὶ τῶν πρέσβεων, παριόντων τὴν οἰκίαν αὐτῶν, ἐθάῤῥησαν KATAνTλñoaι Bópßopov. Livy, on the other hand, (Epit. lib. 52,) states, that personal violence was offered them: "Corinthum ex senatus- consulto diruit, quod ibi legati Romani violati erant." 15. Exstinctum. Referring grammatically to lumen. Some read exstinctam, agreeing with Corinthum. Corinth was destroyed by Mummius, the Roman consul, and with it fell the Archaean league. Consult Geographical Index. 16. Legatum populi Romani, &c. The allusion is to Manius Aquilius, who had defeated the slaves in Sicily. He was sent at the head of the Roman commissioners to restore to their kingdoms Nicomedes and Ariobarzanes, who had been driven out by Mithri- dates. His haughty demeanour soon brought matters to an open rupture with that monarch, who defeated and took him prisoner. The conqueror led him about the country on an ass, and obliged him by blows and scourging to proclaim, from time to time, to the assembled spectators, that he was Manius Aquilius. At length he brought him to Pergamus, where he caused melted gold to be poured down his throat, as a sarcasm upon the cupidity of the Romans. (Appian. B. M. 21.-Plin. H. N. 33, 14.) 17. Illi libertatem civium, &c. (C They brooked not even an infringement of the personal privileges of Roman citizens.” 18. Verbo. (C Only by word." Compare the language of the speaker just above: “ Legati quod erant appellati superbius."- Illi persecuti sunt. They avenged." << 19. Vos legatum, &c. "Will you leave unnoticed an ambassa- dor put to death by every species of torture?" Before relinquetis some editions have inultum expressed, but it arose probably from a marginal gloss. Relinquetis is far better without the presence of inultum, and is elegantly opposed to persecuti sunt. 20. Quid, quod salus sociorum, &c. "What shall I say of this, that the safety of your allies is involved in the most imminent dan- N 27* 318 ORATION IN FAVOUR OF Page. 74 ger." The terms periculum and discrimen (“ danger” and “hazard"} being nearly synonymous, are employed by Cicero, according to the custom of the Latin writers, to indicate a high degree of danger, and we have rendered them, accordingly, as one word.-The ellipsis in quid, quod, is to be supplied as follows: Quid dicam de hoc, quod. 21. Duo reges. Mithridates and his son-in-law Tigranes. 22, Cuncia Asia alque Graecia. Weiske considers Asia and Graecia as ablatives, " throughout all Asia and Greece." The nominative, however, appears neater, "the whole of Asia and of Greece." 23. Imperatorem ccrtum. "A particular commander." Pompey. -Alium. Glabrio, the consul of the previous year, now, of course, proconsul. 75 1. Summo sine periculo. The risk alluded to is that of offending the commander actually appointed. 2. Unum virum. Pompey.-In quo summa sint omnia. "In whom the highest qualities centre," i. e. the highest qualifications for the successful management of the war. 3. Prope. Pompey had just brought the war with the pirates to a successful issue, settling many of them in the little towns of Cili- cia. He was now employed in visiting some of the cities of the east. 4. Quo etiam carent acgrius. "On which account they even feel the want of him the more sensibly." Literally, "they want him the more painfully." 5. Maritimum bellum. "The war with the Cilician pirates." The power of the pirates, as Plutarch remarks, (Vit. Pomp. c. 24) had its foundation in Cilicia. Their progress was the more dangerous, because at first it was little noticed. In the Mithridatic war they assumed new confidence and courage, on account of some services which they had rendered the king. Afterward, in the interval between the first and second Mithridatic wars, the Romans being engaged in civil contests at the very gates of their capital, the sea was left unguarded, and the pirates by degrees attempted higher things; not only attacking ships, but islands, and maritime towns. They had, in various places, arsenals, ports, and watch-towers, all strongly fortified. The number of their galleys amounted to a thousand, and the cities taken to four hundred. They not only insulted the Romans frequently, but also intercepted their convoys, and made prisoners of their generals. Nay, they not only attacked the Romans at sca, but infested the great roads, and plundered the villas near the coast. Two praetors, Sextilius and Bellinus, were THE MANILIAN LAW. 319 Page. carried off with all their servants and lictors; and the daughter of 75 Antonius, a man who had been honoured with a triumph, was seized by them as she was going to her country-house near Misenum, and the father was forced to pay a large ransom for her release. At length, by the Gabinian law, Pompey was sent against them, and speedily reduced them to subjection and broke up their haunts. 6. Impetus hostium. Referring to the forces of Mithridates, whose movements, according to Cicero, were "checked and re- tarded" by the mere knowledge that Pompey was in Asia, though in a different part of the country. 7. Quoniam libere loqui non licet. Through fear, namely of offending the Roman commander who then had charge of the Mith- ridatic war. 8. Quorum salutem tali viro commendetis. safety entrusted by you to such an individual." safety you may entrust, &c. 9. Atque hoc etiam magis quam ceteros. "And on this account even more than the rest," i. e. atque ut existimetis se hoc etiam magis dignos quam ceteros socios, &c. 10. Cum imperio. "With military command."-Ipsorum ad- ventus, &c. "The entrance of these same individuals into the cities of our allies differs." &c. Literally, "the entrances," &c. Adventus being the nominative plural. Among the Latin writers, abstract and verbal nouns are often put in the plural, to mark that the action designated takes place at various times, where in English we only use the singular. 11. Hunc audiebant antea. in Italy, Africa, Spain, &c. Alluding to his previous operations Consult Historical Index. 12. Tanta temperantia. "Of so much self-control." This virtue is here purposely named first, that it may be contrasted in a more marked degree with the rapacity that characterized the other Roman commanders "Of having their Literally, "whose 13. Cum Antiocho. The order of time is not observed. The war with the Carthaginians should, strictly speaking, have been named first. It broke out A. U. C. 489, and the ostensible cause was the lending of aid, on the part of the Romans, to the Mamer- tines, in Messana, who had entreated their aid against the forces of Carthago. The true motive to the war was the spirit of rivalry between Rome and Carthage. It is called in history the First Punic War.-— Next in order was the contest with Philip, king of Macedonia. He was the third of that name, and must not be confounded with the father of Alexander, who lived long before. The Romans made war upon him because he had attacked the Athenians, the allies of 320 ORATION IN FAVOUR OF Page 75 the republic. This occurred A. U. C. 553 This occurred A. U. C. 553 -The collision with Antiochus the Great, took place A. U. C. 562, and the contest was terminated by his defeat and submission the ensuing year. It was connected with the war against the Aetolians, who had raised com- motions in Greece against the allies of Rome, and had invited An- tiochus, monarch of Syria, to their aid. 14. Injuriis provocatos. “Irritated by a series of personal inju- ries," i. e. injuries offered, not to your allies, but to yourselves. 15. Praesertim cum, &c. CC Especially when your most im- portant revenues are at stake." 16. Tanta sunt. "Are so inconsiderable." Tanta is here equivalent to tantilla, or, more correctly speaking, its literal mean- ing in this passage is, "so great, and no greater." Hence arises the idea of scantiness and diminution. Instances of a similar usage occur in Caesar, B. G. 6, 34: Praesidii tantum est ("there is so small a garrison") ut ne murus quidem cingi potest," and Cic. Ep. ad Fam. 8, 10: "Si bellum tantum erit (" so unimportant") ut vos aut successores sustinere possint." 17. Asia. Referring to the Roman province of that name. Con- sult note 12, page 72. 18. Ut et ubertate agrorum, &c. Cicero here enumerates the ordinary sources of Roman revenue, the productions of the earth, the pasture-grounds, and the exports generally. 19. Et belli utilitatem, &c. "To uphold both the means of usefulness in war, and of dignity in peace." and of dignity in peace." We have retained the common reading with Ernesti and many others. Graevius gives ad belli, &c., instead of et belli, from one of his MSS., and make sustinere refer to eam understood. The common lection is more Ciceronian. 20. Cum venit calamitas. "When calamity has actually come."—In vectigalibus. "In the case of your revenues." Affert calamitatem. Brings ruinous consequences along with it." "C 21. Pecora relinquuntur. "The flocks are abandoned." Ser- vius, in his commentary, (ad Virg. Georg. 3, 64,) cites this passage apparently, and reads pecua, from pecu. But pecua does not occur in any of the MSS. 22. Mercatorum navigatio conquiescit. "The trading of the merchants begins to subside." More freely, commerce stag- (( nates." 76 1. Itaque neque ex portu, &c. Cicero here enumerates the three principal sources of the revenue obtained from the Roman provin- ccs:-1. Ex portu. "From the harbour," i. e. from duties im- THE MANILIAN LAW. 321 Page. posed on exports and imports.-2. Ex decumis, "from tithes." 76 The decumae were a tenth part of corn, and a fifth of other produce, paid by those who tilled the public lands.-Ex scriptura. "From the public woods and pastures." Scriptura was the tax paid from public woods and pastures, and was so called, because those, who wished to feed their cattle there, subscribed (scribebant) their names before the farmer of this branch of revenue, and paid a certain sum for each beast. 2. Vectigal conservari potest. "Can any imposts be obtained." -Totius anni fructus. "The.revenue of an entire year. "Who pay duties unto "Who farm and collect 3. Qui vectigalia nobis pensitant. us."-Qui exercent atque them." exigunt. 4. Cum publicani, &c. "When the farmers of the revenue think, that they hold, at great risk, the very numerous bodies of slaves whom they have employed in the pasture-grounds, in the fields, in the harbours, and custom-houses." Familia is here used in its primitive sense, as denoting a body of slaves belonging to a partic- ular master. Compare the remark of Festus: "Famuli origo ab Oscis dependet, apud quos servus famel nominabatur, unde et familia vocata." 5. Sallibus. The common text has salinis, ("salt-works,") but no other trace has been discovered of a revenue derived from salt- works, in Asia Minor; and, what is of still greater weight, if we retain the common lection, mention will only be made, in this pas- sage, of two branches of revenue, the decumae and those ex portu, while the third branch, scriptura, will be passed over in silence. Influenced by these considerations, Lipsius first conjectured saltibus for sulinis, and his emendation has been approved of by Gronovius, Burmann, Ernesti, Schütz, and others, and admitted by some of them into the text. We have followed their authority. One MS. of Lambinus' has silvis. Aldus oonjectured salictis as referring to the pasture-grounds, which abounded with groves of willow. 6. Custodiis. By custodiae are here meant a kind of custom- houses, where a number of persons, generally slaves, were stationed by the publicani, to guard against smuggling. Sometimes, the term is applied to the persons themselves, and is then analogous to our modern expression, "custom-house officers." 7. Illis rebus frui posse. "Can reap any advantage from those things."—Qui vobis fructui sunt. "Who are the authors of this advantage unto you," i. e. whose exertions enable you to reap this advantage. The common text has fructuosi, for which we have given fructui, the reading of one of the MSS. It was first adopted ----- 322 ORATION IN FAVOUR OF Page. 76 by Lambinus, and after him by Graevius and others, as more ele- gant than fructuosi. 8. Extremum. "As the last point on which to touch."—Cum essem dicturus. "When I should come to speak." 9. Ad multorum bona civium. The individuals here meant are the Roman knights, who farmed the Asiatic revenues, and those traders who were carrying on mercantile operations in that quarter, both of which classes of persons had large sums of money laid out in the province, and which were consequently endangered by the war. 10. Quorum vobis, &c. "For whom you, in your wisdom, Ro- mans, ought to have an especial regard," i. e. over whose interests you ought carefully to watch. 11. Nam et publicani. The particle et, ("both,") is here oppos- ed to deinde, (“ and in the next place,") at the commencement of the 18th section. 12. Homines et honoratissimi, &c. "Very honourable as well as intelligent men." Ornatissimi is considered by some to refer here to rank in the state. It has relation rather to general inform- ation and intelligence on the part of the individuals alluded to. 13. Suas rationes, &c. Have transferred all their business operations and means to that province." Rationes and copiae are explained immediately after by res and fortunae, "affairs and for- tunes." 14. Nervos. "The sinews."-Eum ordinem. The equestrian order. 15. Ceteris ex ordinibus. Excepting of course the senate, the members of which order were not allowed to engage in trade. 16. Negotiantur. "Carry on trade." As regards the distinc- tion between the negotiatores and the mercatores, consult note 12, page 74. 17. Partim suas et suorum, &c. The early editions and the MSS. give partim eorum, for which we have substituted the read- ing in our text with Ernesti, Schütz, and others. Partim eorum is a good Ciceronian phrase, but it makes an awkward collocation here after homines gnavi et industrii partim ipsi nego- tiantur. . 18. Prohibere. "To shield."- Videre. "To foresee.”—A republica sejunctam esse non posse. "Cannot be separated from that of the state," i. e. cannot fail to affect the public prosperity. 19. Etenim illud primum, &c. "For, in the first place, it avails but little, that you afterward recover by a victory the revenues that have been lost by the farmers of them; for neither will the same THE MANILIAN LAW. 323 Page. individuals possess the means of making a new contract, by reason 76 of their losses, nor will others have the inclination so to do, on account of their fears," i. e, their fears of being involved in similar ruin with the previous contractors. 20. Initio belli Asiatici. He refers to the period of the general massacre of the Romans in Asia, by order of Mithridates. About twenty-three years had elapsed since that event. " "" 1. Res magnas. Large amounts. Referring to the large sums of money which very many farmers of the revenue had lost in the troubles and confusion that ensued. 2. Scimus, Romae, &c. "We know, that, payments becoming embarrassed, credit fell at Rome." Very many of the publicani in Asia having lost large sums of money there, in consequence of the disastrous state of public affairs, and others having been killed dur- ing the massacre of the Romans, there ensued of course a non- payment of large amounts due to the bankers at Rome, and which had been loaned the former to enable them to meet their contracts. Hence a general embarrassment was felt in the money-market, and public credit fell. 3. Rem atque fortunas. "Their property and fortunes. By rem is here meant their actual property and resources at the time, by fortunas, their prospects in business. 4. Hacc fides atque haec ratio pecuniarum, &c. "This system of public credit, and these moneyed operations that are carried on at Rome, and in the forum, are connected with those sums laid out in Asia, and form a close union with them." Literally, "are bound up with and cling to them." The offices of the bankers were situate around the forum, which hence became their usual place for meeting and transacting business. 5. Ruere illa non possunt, &c. "The latter cannot fall without the former's being shaken by the same movement and falling along with them." Illa and haec become here, when adapted to our idiom, "the latter," and "the former," but in strictness illa refers to what is more remote, the moneyed operations in Asia, and haec to what is nearer home, the state of business in the Roman forum. • state." 6. Cum republica. "Together with the best interests of the Three MSS. have cum republica conjunctae defendantur, but conjunctae savours of a gloss. Gruter, Graevius and others read defenduntur, but Ernesti defends the common form: "Defen- dantur recepi, quomodo Ciceronem scripsisse semper putavi, nam ita ratio latinitatis postulat.” 7. Potest enim hoc dici. "For this may be affirmed," i. e. this assertion may be made with perfect safety. 324 ORATION IN FAVOUR OF Page. mi 8. Ne forte ea. The common text has ne forte a, the present reading is conjectural. Some MSS. have ne fortean, which Schütz adopts. 9. Atque ut omnes, &c. He now returns to Lucullus, whom he has already mentioned in chapter 4. 10. Mithridati. The common text has Mithridatis, for which we have given the dative, as occurring in one of the MSS., and depending on fuisse: "Mithridates was in possession of very great forces." Ernesti approves of Mithridati, though he gives the genitive in his text. Schütz adopts the dative as we have done. Some of the earlier editions insert delclas after fuisse, on conjecture, but then obsessam esse must be changed to liberatam esse. 11. Omnibus rebus, &c. "Equipped and supplied with all things requisite," i. e. furnished with arms and provisions of all kinds. This is said with some degree of oratorical exaggeration. Accord- ing to Appian (B. M. 72), and Plutarch (Vu. Lucull. c. 8, seqq.), the forces of Mithridates were very scantily supplied with provisions, which was one of the principal causes of his abandoning the siege of Cyzicus. 12. Urbemque Cyzicenorum. Consult Historical Index, s. v. Lucullus, and Geographical Index, s. v. Cyzicus. 13. Maxima multitudine. According to Plutarch, (Vit. Lucull. c. 7,) the army of Mithridates consisted of 120,000 infantry, 16,000 cavalry, and 100 chariots armed with scythes. Appian (B. M. 72) gives the whole amount, in round numbers, as about 300,000 men. The Roman army, under Lucullus, was 30,000 foot and 600 horse, according to Appian; but Plutarch makes the horse to have been 2500. 14. Classem magnam, &c. We have here another instance of oratorical exaggeration. After Cyzicus had been relieved, and the forces of Mithridates defeated at the river Granicus, Lucullus re- ceived intelligence, that thirteen of the king's large galleys had been seen off the coast of Troas, steering towards Lenmos. He instantly went in pursuit, took them, and killed their admiral Isidorus. When this was done, he made all sail after some others, which were in advance of them, and were lying at anchor by the island. Here again he was successful, and among the prisoners taken was Marius, (or, as Appian calls him, Varius,) an officer sent by Sertorius. (Plut. Vit. Lucull. c. 12.) Appian makes the number of vessels left by Mithridates under the command of Varius and the other leaders to have been fifty. (B. M. 77.) 15. Quae ducibus, &c. Which, inflamed with an eager CC THE MANILIAN LAW. 325 Page. desire for vengeance, was getting hurried towards Italy, under 7 leaders sent by Sertorius." It does not appear from any other authority, except Cicero's own assertion, in the oration for Murena, (c. 15,) that the destination of the fleet was Italy, and as for the leaders sent by Sertorius, there was in fact but one. Consult pre- ceding note. 16 Magnas hostium, &c. Plutarch makes the enemy to have lost in the whole campaign nearly 300,000 men, including the ser- vants of the army. In the battle of the Granicus alone, 20,000 were slain. 17. Patefactumque, &c. Compare the oration for Archias, c. 9: 'Populus Romanus aperuit, Lucullo imperante, Pontum, &c.— Qui ante, &c. “Which had hitherto been shut on every side against the Roman people." Literally, "from (i. e. in) every avenue of approach." Compare the language of Cicero, in the passage just referred to, from the oration for Archias: "et regiis quondam opibus, et ipsa natura regionis vallatum.” 18. Domicilia. "Palaces."-Omnibus rebus, &c. "Adorned and richly stored with all things." Referta from refercio. 1. Uno aditu atque adventu. By his merely marching against, and arriving before, them." This again is oratorical exaggeration. Lucullus spent, for example, a long time before Amisus, and finally left the siege in the hands of Murena his lieutenant. (Plut. Vit. Lucull. c. 15.) (( 2. Ad alios reges. To Tigranes, king of Armenia, his son-in- law, and to other neighbouring monarchs. 3. Salvis populi Romani sociis, &c. "The allies of the Roman people being at the same time safe from injury, and your revenues in that quarter unimpaired." 4. Istorum. Catulus and Hortensius are here particularly meant. It was incumbent on them, in their speeches against the proposed law, to do justice to Lucullus, and to show that he was abundantly qualified by his previous exhibitions of military talent to bring the war to a successful termination. 5. Quemadmodum, &c. "How, if these things are so, what remains of the war can be at all important." 6. Ex codem Ponto. Medea fled from Colchis, but it is here included under one common name with Pontus, on account of its proximity, and for the sake of the figure. 7. Medea illa. "The far-famed Medea." Literally, "that Me- dea." i. e. of whom we all have heard. "Would pursue 8. Fratris sui. Absyrtus.-Persequeretur. her," i. e. would have to pass in pursuit of her. 78 28 326 ORATION IN FAVOUR OF Page. 78 9. Eorum collectio dispersa. "The collecting of them in their scattered state." Goerenz (ad Cic. de fin. 3, 4) suggests disperso- rum for dispersa; and Schütz adopts the emendation in his text, calling at the same time the common reading an absurd one. He mistakes, however, an elegance for an absurdity. 10. Sic Mithridates, &c. Plutarch states, (Vit. Lucull. 17,) that Mithridates, being hard pressed in his flight, was nearly taken, when a mule loaded with gold, either by accident or the king's con- trivance, caine between him and his pursuers. The soldiers imme- diately began to rifle the load, and quarrelled about the contents, which gave Mithridates time to escape. Appian (B. M. 82) informs us, that the king's pursuers happened to strike the load of one of the mules that were carrying away the treasure, and that the gold in consequence fell on the ground. 11. Maximam vim omncm. "All that vast store." Direptas congesserat. To be rendered as two verbs with the connective : "had plundered from the whole of Asia and accumulated in his own kingdom." 12. Illum. "The former." Alluding to Aeetes, the father of Medea. Consult Ov. Trist. 3, 9, 21, and Cic. Tusc. 3, 12. Hos. "These latter," i. e. the Roman soldiery. "Took in," i. e. 13. Hunc. "This Mithridates."-Excepit. afforded him shelter.-Confirmavit. Encouraged him."-Et afflictum erexit, &c. "And raised him from his fallen state, and supplied him with fresh resources in his ruin.” 14. Plures etiam gentes. Alluding to the numerous nations that swelled the ranks of Tigranes, the Medes, Arabians, Albanians, Iberians, &c. (Plut. Vit. Lucull. c. 26.) "L (C 15. Ncque lacessendas, &c. Ought neither to be attacked nor even menaced with war." Tentare itself is frequently employed in the sense of attacking; here, however, it yields that meaning to lacesso. The idea of menacing arises very naturally from the gen- eral import of the verb, viz. : "to make trial of one." 16. Erat etiam alia, &c. "There was also, besides this, a strong and powerfully-exciting opinion." 17. Fani locupletissimi, &c. "For the purpose of plundering a very rich and revered temple." The temple here meant was that of Bellona, at Comana in Cappadocia. (Consult Geographical In- dex.)-The apprehensions referred to in the text were far from being ill-founded, since this same shrine had been already plundered by Murena. (Appian, B. C. 64.) 18. Novo terrore ac metu. "By a new cause of terror and alarm." Their religious fears were now excited. THE MANILIAN LAW. 327 Page. (6 1 Urbem. Tigranocerta, the capital of the kingdom. Compare 79 Plut. Vit. Lucull. 26, seqq., and consult Geographical Index. 2. Tamen nimia, &c. Were, nevertheless, strongly influenced by the very great distance from home of the regions in which they then were, as well as by a longing desire to return to their country- men." Plutarch states, that Lucullus was anxious to reach Artaxata, in Upper Armenia, but that his troops were discouraged by the severity of the climate, and refused to proceed. (Vit. Lucull. 32.) 3. Hic jam plura non dicam, &c. Cicero purposely avoids entering upon the question, respecting the movements of Lucullus in his Asiatic campaign. The merits and demerits of that command- er were canvassed very freely about this time at Rome, and the orator is careful, therefore, to give offence, if possible, to neither his friends nor his enemies. One thing is very certain, that Lucullus eventually lost the good will of his soldiers, a result which Plutarch ascribes to his haughty disposition, and others to his cupidity and avarice. There is no doubt, however, but that the intrigues of the infamous Clodius, his brother-in-law, who was an officer in his army, operated very powerfully in producing this unfortunate result. 4. Fuit enim illud extremum, &c. "For the issue of all was this, that a speedy return from those regions was rather sought by our soldiers, than a farther advance.” 5. Mithridates autem, &c. Mithridates, however, had both by this time revived the courage of his immediate band of followers, and was strengthened by the numbers of those who had gathered themselves together from his kingdom, as well as by large forces that had come unto him from many kings and nations." With eorum supply copiis, in the sense of numero. 6. Fieri. In the sense of accidere, "to happen."-Regum afflic- tae fortunae. "The fallen fortunes of monarchs." (£ 7. Magnum et sanctum. Something great, and worthy of veneration." 8. ltaque tantum, &c. "Accordingly, he was able to effect more after his defeat, than he ever dared to hope for in the season of prosperity." Incolumis, literally, "when safe," i. e. from the attacks of any foe. 9. Ut illam posteaquam, &c. "That he should ever set foot again in that land after he had been once driven from it." The allusion is to Pontus. 10. Sed in exercitum vestrum, &c. Mithridates, once more entering Pontus, fell upon Fabius, whom Lucullus had left in com- mand there, and was on the point of defeating him, when he him- self was wounded and compelled to retire from the fight, After a * 328 ORATION IN FAVOUR OF Page. 79 cessation of hostilities for several days, Triarius, another of the lieutenants of Lucullus, came to the aid of Fabius, who resigned the command to him. Triarius, thereupon, hearing that Lucullus was upon the march himself to join the army, and desiring to en- gross the whole glory of the victory, gave battle to Mithridates. The Romans, however, met with a signal overthrow; above seven thousand were slain, among whom were 150 centurions and 24 tribunes. This was the most severe defeat which the Romans experienced in all their wars against Mithridates. Compare the account of Plutarch, (Vit. Lucull. 35,) with that of Appian, (B. M. 89,) where it is stated, that, in consequence of a wound received by Mithridates, his friends were on the point of sounding a retreat, when the re-appearance of the monarch in the fight secured to him the day. 11. Poetae. Naevius, who wrote a metrical chronicle of the first Punic war; and Ennius who composed Annals, likewise in verse, comprising the history of Rome, from the earliest periods down to the close of the second Punic, or, more correctly speaking, the Istrian war. Nacvius flourished from B. C. 235 to 204, and Ennius lived from B. C. 239 to 169. 12. Non ex proelio nuntius, &c. "No messenger from the field of battle, but rumour passing from lip to lip." Literally, "rumour from the converse of men. This, of course, is oratorical exaggeration. >> 13. Hic in ipso illo malo, &c. "Here, in the midst of this very misfortune itself, and heaviest disaster of the war. 14. Quod imperii diuturnitati, &e. "Because you thought that, in accordance with ancient precedent, a limit should be set to long continuance of command." The army had been under the command of Lucullus for the space of seven years, from A. U. C, 630 to 636. >> 15. Qui jam stipendiis, &c. "Who had now served out their time." The oldest of the troops, including the Fimbrian legions, as they were called, were sent home by Lucullus. The period of their legal service was nine years, and they had now served nearly ten. 16. Multa praetereo consulto, &c. "I purposely pass over many things, but you yourselves clearly perceive them from mere conjec ture," i. e. but what they are you yourselves can easily conjecture. -We have altered the punctuation of this sentence, with Ernesti, except that we have placed a period instead of a colon after perspɩ- citis. The common text has a colon after consulto, and a comma after perspicitis, connecting, of course, the clause sed ea vos, &c. THE MANILIAN LAW. 329 Page with what follows: but ea in the plural can never refer to the simple 79 idea expressed in quantum illud bellum, &c. 17. Quantum igitur, &c. "Of how much importance, then, are you to imagine that war has become, which two very powerful monarchs unite in waging, which irritated nations renew, which communities hitherto untouched by your arms are taking up as their own, which a new coinmander of yours receives in charge, the for- mer army having been driven from the field?"-We have com- menced a new sentence here, contrary to the pointing of all the editions, and have also inserted igitur, on mere conjecture. The whole passage labours under very strong suspicion of being corrupt. As we have arranged it in our text, it certainly suits better the idea of a concluding sentence to one of the heads of a speech. 18. Novus imperator. Alluding to Glabrio. The cpithet novus appears to have here a covert meaning also, in relation to Glabrio's want of experience compared with Lucullus, who had been seven years in cominand. 19. Ac tantis rebus praeficiendo. "And the setting him over so important operations." 1. Innocentium. (C Upright," i. e. men of strict probity, of prin- 80 ciples superior to all corruption, and who would not convert the facilities, which supreme command might afford, into the means of enriching themselves and oppressing others. 2. Antiquitatis memoriam. “The remembrance of all antiquity," i. e. the brightest examples that antiquity can recall to our remem- brance. Virtute. " By his merit." 3. In summo imperatore, &c. "That in a consummate general these four qualities ought to centre, a full acquaintance with the military art, valour, reputation, and good fortune." By auctoritatem is here meant that weight of character which a series of successful operations bestows. 4. Scientior. "More profoundly versed in military science." 5. E ludo. From school." On leaving school, at the age of 17, Pompey served under his father, Cn. Pompeius Strabo, in the Social war. 6. Bello maximo "During a most dangerous war." The Social war is meant. It arose from the refusal of the senate and people to grant the rights of citizenship to the Italian allies. This was the most dangerous war in which the Romans had ever been engaged, since they were compelled to contend with those who were well acquainted with their discipline, and had hitherto formed the main strength of their armies. 7. Qui extrema pueritia, &c. "Who, at the close of his boy- C 28* 330 ORATION IN FAVOUR OF Page. 80 hood, was a soldier under a very able commander." The allusion is the same as in the preceding clause, viz. : to his serving in the army of his father, at the early age of 17. Some commentators very erroneously suppose Sylla to be meant by the words summi imperatoris. Pompey, however, repaired to Sylla as the leader of a large body of forces, not as a simple soldier.-Extrema pueritia. Among the Romans, boyhood, or pueritia, ended at 17 years of age, when adolescentia, or youth, commenced, and continued on until about 30 or over. From the end of adolescentia until 45 or 50, they were called juvenes. The precise limit, however, of each of these periods, is far from being clearly ascertained. 8. Ineunte adolescentia. “In the beginning of his youth." Cicero alludes to Pompey's having, at the age of 23, by his own authority, raised three legions, and marched with them to the aid of Sylla, de- feating on the way the leaders of the opposite party. Sylla received him with great honour, and saluted him with the title of imperator. This compliment was the more remarkable as Pompey was not yet old enough to be admitted into the senate. 9. Qui sacpius cum hoste conflixit, &c. "Who has engaged more frequently with a public foe, than any one has contended with a private enemy." Hostis, "a public foe," "an enemy to one's country." Inimicus, "a private foe," "a personal enemy. -The difference must also be marked between confligere and concertare : the former means "to engage," "to come into actual collision with," "to fight against with arms;" the latter, "to contend in words,” “to quarrel with." Compare Manutius : Concertavit, i. e. verbis, nam confligere est armis contendere." Thus, Cie. ep. ad Att. 3, 12: " Quia nunquam accidit, ut cum eo verbo uno concertarem.” 10. Plures provincias confecit. "Has settled the affairs of more provinces." Confecit has here, in some degree, though not exactly, the force of administravit. Compare Ep. ad Att. 4, 17: " Confecta Britannia, obsidibus acceptis," &c. (( 11. Cujus adolescentia, &c. "Whose youth was trained to a knowledge of the military art, not by the precepts of others, but by his own discharge of the duties of a commander; not by disasters in war, but by victories; not by a series of campaigns, but by a succession of triumphs." 12. Triumphis. Pompey had already enjoyed two triumphs, one for the overthrow of Hiarbas, king of Numidia; and the other for bringing the war in Spain to a close. Some commentators make him to have had, by this time, three triumphs. This, however, is quite erroneous, since his third and most splendid triumph was at the end of the Mithridatic war. (Plut. Vit. Pomp. c. 45.) THE MANILIAN LAW. 331 Page. 13. In quo illum, &c. "In which the good fortune of the re- 80 public has not exercised his talents," i. e. has not given him an opportunity of displaying his abilities for the good of his country. 14. Civile. Between Sylla, on the one hand, and Cinna and Carbo, with the remains of the Marian party, on the other. Pompey sided with Sylla. 15. Africanum. Against Cn. Domitius, and other proscribed members of the Marian faction, who had united their forces with those of Hiarbas, king of Numidia. On Pompey's return from this war, Sylla saluted him with the title of Magnus, or "the Great." (Plut. Vit. Pomp. c. 13.) Pompey was then only in the 24th year of his age. 16. Transalpinum. Sertorius had probably formed alliances with the independent Gallic tribes between the Pyrenees and the Alps, and thesc appear to have resisted Pompey on his march into Spain. Pompey gives an account of his operations against these tribes, in his letter to the senate, which has come down to us among the fragments of the third book of Sallust's Roman History: Nomine modo imperii a vobis accepto, diebus quadraginta exercitum paravi; hostesque, in cervicibus Italiae jam agentes, ab Alpibus in Hispa- niam summovi. Per eas iter aliud atque Hannibal, nobis opportu- nius patefeci. Recepi Gulliam, Pyrenaeum, Laletaniam, Indigetes.” Compare Appian, B. C. 1, 109. 17. Hispaniense. The war with Sertorius, which lasted from A. U. C. 676 to 682.-Mixtum ex civitatibus, &c. "Where re- volted states and the most warlike communities were united against us." Literally, "composed of revolted states," &c. By civitatibus are here meant those states, or tribes, in Spain that had gone over from the Romans to Sertorius. Compare Manutius: "civitatibus ; quae a populo Romano ad Sertorium defecerant."-As regards the expression, ex bellicosissimis nationibus, it may be remarked, that the army of Sertorius consisted principally of the most warlike tribes of Spain, whom he had disciplined in a great degree after the Roman manner. 18. Servile. The war against Spartacus, the well-known leader of the gladiators and slaves. Crassus deserved the credit of termi- nating this war, having defeated the enemy, and slain 12,000 of them; whereas, Pompey merely encountered the fugitives from the field of battle, and killed 5000. Still the popular voice assigned: the chief praise to Pompey; and Cicero, in order to flatter him, re- echoes the opinion. (Consult Plutarch, Vit. Pomp. c. 21.) 19. Navale. The war against the pirates, called also, in the pre- vious part of this oration, maritimum bellum. 332 ORATION IN FAVOUR OF Page. 80 20. Hostium. These are enumerated as follows by the Dauphin editor: kings, exiles, proscribed persons, pirates, and slaves. 21. Confecta. "Brought to a close."-In usu militari. "Within the range of military experience. 19 22. Jam vero virtuti, &c. "In the next place, what strain of oratory can be found, commensurate with the warlike virtues of Cneius Pompey ?" Jam vero is elegantly employed by Cicero, on many occasions, in the sense of deinde, to mark a transition from one head of a discourse to another. 23. Neque enim, &c. "For neither are those the only virtues of a commander, that are commonly regarded as such." The other virtutes imperatoriae are mentioned, after a long digression, in the beginning of the 13th chapter, viz. : innocentia, temperantia, fides, &c. The expression virtutes imperatoriae may also be rendered more freely, "distinguished attributes of a commander." 24. Quae tanta sunt, &c. "Which exist in a greater degree in this one individual, than they have in all the other commanders whom we have either seen or heard of." The student will mark the ele- gant phraseology of tanta · quanta non, in place of the ordi- nary comparative with quam. 81 1. Testis est Italia. 66 Italy is a proof of the truth of my re- marks," i. e. a proof of the consummate military skill of Pompey.- Quam ille ipse, &c. The allusion is to the important services ren- dered by Pompey, in aiding to crush the power of the Marian faction in Italy. Compare Plutarch, Vit. Pomp. c. 9; Пoµññïov dè davµáš- ων δι’ ἀρετὴν, καὶ μάλα νομίζων ὄφελος εἶναι τοῖς ἑαυτοῦ πράγμασιν, κ. τ. λ. • • 6 J 2. Testis est Sicilia. He was successful in an expedition against Perpenna and Carbo in that island, A. U. C. 671. (Plut. Vit. Pomp. c. 10.) 3. Non terrore belli, &c. "Not by the terror of his arms but the rapidity of his operations," i. e. not so much by the terror of his arms as by, &c. 4. Testis est Africa. Alluding to the war against Domitius and Hiarbas. Consult note 15, page 80. 5. Testis est Gallia. Consult note 16, page 80.-Iter. Pompey in his letter to the senate, already cited, (note 16, page 80,) makes mention of a new road which he had opened over the Alps; and Appian (B. C. 1, 109) informs us, that it was around the sources of the Rhone and Po, ¿ppi raîs πnyaîs rov re 'Podavov kaì 'Hpıdavov. 6. Testis est Hispania. The praise of Cicero here is mere flat- tery. As long as Sertorius lived, his superior military talents com- pletely eclipsed those of Pompey, and made Spain any thing else THE MANILIAN LAW. 333 Page. but a theatre of glory for the latter. Pompey only became victori- 81 ous after Sertorius was assassinated by his own officers. 7. Tetro periculosoque. The war is called tetrum, “disgraceful," from the character of the foe, who were principally gladiators and slaves; and it is styled periculosum, "dangerous," from these gladiators' having been trained to the profession of arms, and, also, from the abilities of their leader Spartacus. Compare the words of Plutarch (Vit. Crass. c. 9): Οὐκέτ᾽ οὖν τὸ παρ᾽ ἀξίαν καὶ τὸ αἰσχρὸν ἠνώχλει τῆς ἀποστάσεως τὴν σύγκλητον· ἀλλὰ δὴ διὰ φόβον γε καὶ κίν- δυνον, ὡς πρὸς ἕνα τῶν δυσκολωτάτων πολέμων καὶ μεγίστων, ἀμφοτέρους ἐξέπεμπον τοὺς ὑπάτους. "It was no longer then the indignity and disgrace of this revolt that afflicted the senate; but now, on account of the fear and danger, they sent forth both the consuls to this, as to one of their most difficult and important wars." 8. Quod bellum, &c. All mere oratorical exaggeration. The credit of ending the war was due to Crassus, but popular favour gave it to Pompey. The latter, after having defeated the fugitives from the field of battle, where Crassus had proved victorious, wrote to the senate, that Crassus had indeed gained a victory over the runaways in a pitched battle, but that he himself had cut up the war by the roots, ὅτι μάχῃ μὲν τοὺς δραπέτας φανερᾷ Κράσσος νενίκηκεν, αὐτὸς δὲ τοῦ πολέμου τὴν ῥίζαν ἀνῄρηκε. (Vit. Crass. c. 11.) 9. Omnes orae. Alluding to the power of the pirates, before they were reduced by Pompey, and their infesting all the shores of the Mediterranean. Compare the words of Appian, B. M. 92: οὐ μόνης ἔτι τῆς δώας θαλάσσης ἐκράτουν, ἀλλὰ καὶ τῆς ἐντὸς ‘Ηρακλείων στηλῶν ἁπάσης. 10. Gentes ac nationes. "Nations and communities." Gens, when contrasted with natio, may be called the generic term, and implies a whole race. Thus, the Germans are a gens, the Saxons a natio. (Crombie, Gymn, vol. 2, p. 256.) 11. Denique maria omnia, &c. "In a word, all seas, as well the whole taken collectively, as the bays and harbours in each.” By omnia maria are here meant all the seas composing the Medi- terranean, such as the Mare Siculum, the Mare Hadriaticum, Mare Aegacum, Mare Creticum, &c., and by universa (sc. maria) the whole Mediterranean, of course, is implied.-The common text has oris after singulis, but Graevius very properly rejected it on the authority of one of his MSS. Singulis (sc. maribus) is opposed to universa. 12. Toto mari. << Throughout the whole Mediterranean."—Aut tam fuit abditus, &c. "Or was so retired as to escape the notice of the foe." By the foe are meant the pirates, 334 ORATION IN FAVOUR OF Page. 81 13. Quis naviganit, &c. "Who sailed abroad, that did not ex- pose himself to the risk either of death, or of slavery, since he must either traverse the sea during the winter season, or when its surface was swarming with pirates?" In the winter the sea would be free from pirates. The common text has navigaret, but Heumannus restored navigaretur from the early editions. taken impersonally, in the sense of navigandum esset. Navigaretur is to be M 14. Tam vetus. "Of so long continuance." These depreda- tions had continued from about A. U. C. 666. The present oration was pronounced A. U. C. 687, so that the whole period had been about 21 years.-Tam late dispersum. "So widely disseminated." Consult note 5, page 74, where an account is given of the extensive power of the pirates. 15. Omnibus annis, &c. Pompey broke the power of the pirates in the space of forty-nine days, and terminated the whole war in about three months. (Plut. Vit. Pomp. c. 26, and 28.-Compare Florus, 3, 6.) 16. Quod vectigal. "What branch of revenue."-Cui praesidio classibus vestris fuistis. "To whom have you been a source of protection with your fleets ?" 66 17. Longinqua. Things at a distance." Opposed to things nearer home, in which the Romans were personally concerned, and had been personal sufferers. "The peculiar characteristic of 18. Proprium populi Romani. the Roman people." 19. Propugnaculis imperii. "By the forces of their empire." By propugnacula are here meant all the means of defence at the command of the republic. Ernesti thinks, that the term refers to the Roman colonies planted in conquered countries, and which would furnish the means of defence against foreign aggression. In this, however, he is decidedly wrong. Schütz takes a more correct view of the subject, when he remarks; "classes et exercitus intel- ligi patet ex antecedentibus et sequentibus.” 20. Sociis vestris, &c. "Need I tell you that the sea has been shut, during these latter years, upon your allies, when our own armies have never crossed over from Brundisium unless in the depth of winter ?"-The seas being closed upon their allies is one of the longinqua, on which there is no need of dwelling, when the orator can tell of other things so much nearer home. 21. Brundisio. Brundisium was the usual seaport from which they sailed for Greece. Consult Geographical Index.-The Ro- man armies alluded to in the text, were those sent against Mitnri- dates. THE MANILIAN LAW. 335 Page. 22. Summa hieme. When the pirates would be away. Consult 81 note 13. 1. Cum legati, &c. "When ambassadors of the Roman people 82 were ransomed from captivity," i. e. when your own ambassadors were made captives by the pirates, and a ransom had to be paid for them. Who these ambassadors were is not known, nor at what time, nor under what circumstances they were taken. 2. Duodecim secures. "Two praetors with their lictors." Liter- ally, "twelve axes.” Each praetor had in Rome two lictors; in the provinces six. The praetors taken on this occasion are called by Plutarch, Sextilius and Bellinus. (Vit. Pomp. c. 24.) 3. Cnidum aut Colophonem, &c. Consult Geographical Index. -Innumerabilesque alias. Plutarch makes the number of cities taken by them amount to four hundred: αἱ δ᾽ ἁλοῦσαι πόλεις ὑπ' αὐτῶν τετρακόσιαι. 4. Atque cos portus, &c. "Aye, and those harbours too, from which you derive the very breathings of existence." Literally, "life and respiration," i. e. the very means of sustenance. The allusion is to the harbours of Sicily, Sardinia and Africa, whence the me- tropolis was supplied with corn. In consequence of the pirates' being masters of the sea, the markets at Rome were ill-supplied with grain, and hence arose serious apprehensions of famine. (Plut. Vit. Pomp. c. 25.) 5. Inspectante praetore. "Under the very eyes of a praetor." Who this praetor was is not clearly ascertained. He is thought by some to have been M. Antonius, son of the famous orator of that name, and father of Mark Antony, the triumvir. He was afterward (A. U. C. 679) sent against the pirates, and attacked the Cretans who had harboured and were connected with them, but was defeated off that island with the loss of most of his ships, which were taken by the enemy. (Florus, 3, 7.-Liv. Epit. 99.) 6. Ejus ipsius liberos. "That the child of this same praetor." According to Plutarch, (Vit. Pomp. c. 24,) a daughter of M. Anto- nius, the praetor, was taken by the pirates, and ransomed from them for a large sum.-Liberos. Liberos. The term liberi is not unfrequently employed by the Latin writers, when the reference is only, as in the present case, to a single child. The authorities on this point are very ably adduced by Scheller. (Lat. Deutsch. Wörterb. vol. 3, col. 5685.) The only one which we will here cite is that of Caius (ad Dig. lib. 50, tit. 16, leg. 148): "Non est sine liberis, cui vel unus filius, unave filia est, haec enim enunciatio, habet liberos, semper plurativo numero profertur, sicut et pugillares et codicilli."-Dacier falls into an amusing error, through too much 336 ORATION IN FAVOUR OF Page. 82 haste in translating the present passage of Cicero. He mistakes liberos for libros, and makes the Roman praetor to have lost his books! not his child: "Ignorez-vous que ses livres ont été enlevés par les corsaires ?" (Plutarque, par Dacier.-Vie de Pompée, in notis.) 7. Ostiense incommodum. "The disaster at Ostia." Ostia was a sea-port, at the mouth of the Tiber, and was regarded as the har- bour of Rome. The pirates took and plundered it, destroying the fleet there. So great, indeed, was their daring on this occasion, that they even remained there a considerable time, and exposed their booty to sale. (Dio Cassius, 36, 5.) 8. Consul populi Romani. The name of this consul does not appear, from any ancient writer. Dio Cassius (1. c.) makes no allu- sion to any at all.-Capta atque oppressa est. "Was taken and sunk." 9. Unius hominis. Pompey. 10. Intra Occani ostium. "Within the straits of the ocean," i. e. the straits of Gibraltar. There is great propriety in the use of the expression oceani ostium, (literally, "mouth of the ocean,") to designate the straits in question, since a strong and constant current flows into the Mediterranean from the Atlantic ocean, in the middle of the straits. 11. Obeundi negolii. "Of transacting business."-Tantos cursus. "So long voyages." 12. Quam celeriter, &c. "As rapidly as, under the guidance of Pompey, the war on our part sped its impetuous way over the deep." Impetus belli is a poetic form of expression, for the simple bellum, with the associate idea, however, of impetuosity and power. Thus we have in Lucretius, (5, 101,)" impetus coeli," for coelum ; and in Accius, (ap. Cic. de Divin. 1, 22,) "nocturnus impetus," for nox. Compare the following remark of Ernesti: Tota forma, belli impetus navigavit, poetica est. Sensus est; quanta celeritate Pompeius bellum, et quam strenue gesserit." 13. Nondum tempestivo, &c. "Before the sea was yet fit for navigation,” i. e. before the season for sailing was come. Tempes- tino is here equivalent to tempore opportuno, "fit by reason of the time of year." The season for navigation usually commenced about the rising of the Pleiades, on the 22d of April. 14. Siciliam adiit. Pompey directed his earliest attention to Sicily, in order to secure that important granary of the republic. He then proceeded, with the same view, to Africa and Sardinia.- The management of the war against the pirates was conferred on Pompey by the Gabinian law. This law invested him with the com- - THE MANILIAN LAW. 337 Page. mand of the whole Mediterranean, and with power over the land for 82 four hundred stadia (about 46 miles) from the coasts. He was em- powered also to choose out of the senators fifteen lieutenants to act under him; he was to take from the quaestors, and other public receivers, what money he pleased, and equip a fleet of 200 sail. The number of marine forces, of mariners and rowers, was left en- tirely to his discretion. The day after this law was passed, Pompey summoned an assembly, and obtained a grant of almost as much more as the first decree had bestowed. He was empowered to fit out 500 galleys, and to raise an army of 120,000 foot and 5000 horse. Twenty-four senators were selected, who had all been gen- erals or praetors, and were appointed his lieutenants, and he had two quaestors allowed. (Plut. Vit. Pomp. c. 25, seq.) 15. Haec tria frumentaria subsidia. "These three granaries." -Duabus Hispaniis. "The two Spains," i. e. hither and farther Spain, Citerior and Ulterior. Consult Geographical Index. 16. Illyrici maris. The Mare Illyricum was that part of the Adriatic, which lay along the Illyrian coast.-Achaiam. The Roman province of Achaia included all the Peloponnesus, and a part of Greece north of the isthmus of Corinth. By omnem Graeciam is, therefore, meant all the rest of Greece. 17. Italiae duo maria. The upper and lower seas, or the Adriatic and Tuscan.—Adornavit. "He furnished," i. e. supplied. Adorno is here equivalent to instruo, with the collateral idea of decking or adorning. Compare Caes. B. C. 1, 26: “Eodem conatu, appara- tuque, omni opulentia insignium armorum bellum adornaverant." 18. Ut a Brundisio, &c. "On the forty-ninth day after he set out from Brundisium." Ut is here elegantly used for postquam. Consult Tursellinus, de Part. Lat. s. v. § 1, 22. 19. Totam Ciliciam. The power of the pirates had its rise in Cilicia, and this country eventually became their centre of opera- tions, and chief stronghold.-Pompey defeated them in a naval battle off Coracesium, on the coast of Cilicia Trachea. 1. Unius hujus imperio ac potestati. "To the absolute control 83 of this one individual," i. e. they surrendered themselves uncondi- tionally to Pompey.-When imperium and potestas are opposed to each other, the former denotes military power, the latter civil; and when both are combined in one clause, as in the present instance, the idea intended to be conveyed is that of full and absolute au- thority. 2. Cretensibus. Crete, next to Cilicia, was the greatest nursery of the pirates, and one of their chief receptacles. The transaction alluded to in the text, however, notwithstanding the commendations 29 338 ORATION IN FAVOUR OF Page. 83 of Cicero, was far from honourable to Pompey. Metellus, a rela- tion of the one who had commanded in conjunction with Pompey in Spain, had been sent into Crete, by the Roman people, some time before Pompey was employed in this war. Metellus had broken up many strongholds of the pirates in that island, when the remain- der, who were besieged by him, suppliantly addressed themselves to Pompey and invited him into the island, as included in his commis- sion, and falling within that distance from the sea to which he was authorized to carry his arms. his arms. Pompey listened to their application, and by a letter directed Metellus to take no farther steps in the war. At the same time, he ordered the cities of Crete not to obey Metel- lus, but Lucius Octavius, one of his own lieutenants, whom he sent to take the command. Octavius went in among the besieged, and fought on their side; a circumstance, says Plutarch, which rendered Pompey not only odious but ridiculous. Metellus, however, pur- sued his operations, till he took the pirates, and put them all to death. As for Octavius, he exposed him in the camp as an object of contempt, and loaded him with reproaches, after which he dis- missed him. (Plut. Vit. Pomp. c. 29.) T Plutarch says 3. Apparavit. "Prepared for."-Media aestate. the war was brought to a close in three months at farthest : oúk év πλείονι χρόνῳ τριῶν μηνῶν. (Vit. Pomp. c. 28.) 4. Est haec divina, &c. "This degree of military talent on the part of a commander is divine and incredible," i. e. is divine in its character, and surpasses all the ordinary powers of belief. Consult note 23, page 80.-Bellandi 5. Non enim solum, &c. virtus. "C Ability in war." 6. Sed multae sunt, &c. other exalted qualities, the tue." Hujus virtutis, sc. imperatoriae. 7. Quanta innocentia, &c. "Of how much moral purity ought commanders to be."-Temperantia. "Self-control.". Fide. Adherence to their word. "On the contrary, there are many handmaids and attendants of this vir- MENJAD "Good faith." 8. Quanta facilitate. "How affable and easy of access. Quanto ingenio, &c. "Of how much penetration, of how much humanity ?" "" 9. Summa enim sunt omnia. "For there all exist in the high- est degree,” i. e. in the character of Pompey all these qualities are found in the highest perfection. 10. Ex aliorum contentione. "By a comparison with others." Thus, Cic. de Off. 1, 17: "Si contentio quaedam et comparatio fiat," and Partit. Or. 2: "Rerum contentiones, quid majus, quid par, quid minus sit.” THE MANILIAN LAW. 339 Page. Page. 89 form here, to recall early times to the minds of his hearers, and show how the Romans of the latter day to which he alludes (his tempori- bus) had degenerated from the practice of their fathers. 16. Exuviis nauticis, &c. "Adorned with naval trophies and the spoils of fleets." The rostra was adorned with the beaks (rostris) of the ships taken in early times from the Antiates. Consult Liv. 8, 14, and note 3 page 71. 17. Bono animo. "In the sincerity of your heart,” i. e. with a fair and honest intention. Cicero alludes to the opposition made by Hortensius and others to the passage of the Gabinian law. He allows them the utmost sincerity in their opposition, but adds, that the Roman people, though fully aware of the honesty of their inten- tions in endeavouring to defeat that law, took the true view of the case and passed it. And so (this is the tacit inference to be drawn from what he says) will they again act on the present occasion. 18. In salute communi. "In a case involving the common safety.”—Dolori suo. "Their own feelings of indignant grief." Dolor, in its primitive signification, means the smart attendant upon a wound. It becomes, therefore, a very strong term, when applied, in a figurative sense, to the moral feelings. annus. 19. Una lex. The Gabinian law.-Unus vir.-Pompey.-Unus A. U. C. 686, the year previous to that in which this ora- tion was delivered.-Cicero does not, of course, mean that it took the entire year to bring about the change alluded to, but that a single year saw the power of the pirates at its height, and that same power annihilated by Pompey. 20. Quo mihi, &c. "On which account it appears to me even the more unworthy, that opposition should have been hitherto made, shall I say to Gabinius, or to Pompeius, or to both of them? (what is nearer the truth,) in order that Aulus Gabinius might not be ap- pointed a lieutenant to Cneius Pompeius, though earnestly desiring and in fact demanding him for one."-The transaction to which Cicero here alludes was simply this. Aulus Gabinius procures a law to be passed, investing Pompey with supreme command. When the latter obtains this appointment, he wishes to have Gabinius as one of his lieutenants, but meets with so decided an opposition as to be compelled to abandon the idea. Cicero complains of this op- position to Pompey's wishes, and insists, that Gabinius ought to be preferred to every other individual. It must be evident to any one, who will take the trouble of reflecting only a moment on the subject, that the opposition to Gabinius was perfectly proper, and that Cicero does himself very little credit by the course which he takes in rela- tion to it. The whole affair had too much the appearance of a cor- 352 ORATION IN FAVOUR OF Page. 89 rupt jobbing-transaction, a mere matter of bargain and sale, and the precedent would have been a dangerous one for the interests of the state, and the purity of legislation. Gabinius was, in fact, a man of infamous character; and it is amusing to sec, how clear-sighted Cicero subsequently became, respecting the merits and standing of this individual. In the speech delivered by the Roman orator be- fore the senate, after his return from banishment, he paints the char- acter of Gabinius in the strongest and most revolting colours. He describes him as a man polluted by every excess; as one, whose only refuge from imprisonment, for numerous debts, was the inviola- bility of his person as tribune. He alludes also to the law which this same Gabinius had procured, respecting the appointment of Pompey against the pirates, and then adds, that had he not caused this law to be passed, his own necessities would have driven him to turn pirate himself? And yet this is the very man, whom Cicero, certainly with a full knowledge of his character, recommends to the notice and approbation of his countrymen! &c. 90 1. Ceteri. "Your other commanders."-Ad expilandos socios, Cicero knew perfectly well, notwithstanding all that he says here, that Gabinius, if an opportunity should offer, would do the very same things which are here condemned. 2. Ipsè. Referring to Gabinius.--Constituta est. placed on a sure basis." 3. Qui consilio ipsius, &c. "Who have been called into action by his own counsels, and at his own individual risk." Literally : "who have been appointed," or "set on foot."-Periculo. Be- cause, if any thing adverse should befall Pompey, the blame would fall on Gabinius. "Have been 4. Honoris causa. "With the utmost respect." Honoris causa more frequently means, "out of respect," and is then equiv- alent to honorandi causa. 5. Anno proximo. No one, who had been a tribune of the com- mons, could fill the office of lieutenant under a general appointed to a command during the magistracy of the former, until a year had elapsed since the period of his retiring from the tribuneship. The object of this regulation was to prevent bribery and intrigue. Ci- cero, however, cites some instances here of a violation of this rule, and of ex-tribunes having been appointed lieutenants the very next year after they had laid down their tribuneships. 6. In hoc uno Gabinio, &c. "Are people so active with their opposition in the case of this Gabinius alone, who, as far as regards his war, which is waged in accordance with a law of his own pro- posing, as far as regards this commander and army, whom he THE MANILIAN LAW. 353 Page. himself has called into action through your suffrages, ought to enjoy 90 even an especial right of being appointed," i. e. ought to be pre- ferred to all other applicants.-From the language of Plutarch, and the provisions of the Gabinian law, it would appear that Pompey had the right to select his own lieutenants. If so, the opposition to Gabinius must have been grounded on the previously existing Aebutian law, and the infamy of his private character must have made this opposition the more formidable. The Aebutian, which appears to have been the same with the Licinian law, forbade the proposer of a law, concerning any charge or power, assuming that charge or power, or deriving any advantage from it. The same prohibition was extended also to his colleagues, relations, &c. The principle on which this law was founded, is very neatly stated by Cicero, (Agr. 2, 8, in Rull.) : Etenim, si populo consulis, remove te a suspicione alicujus tui commodi: fac fidem, te nihil, nisi populi utilitatem et fructum quaerere: sine ad alios potcsta- tem, ad te gratiam beneficii tui pcrvenire.” CC 7. Per vos ipse. Gruter first proposed this reading from two MSS., and it has been adopted by Graevius, Beck, Schütz, and many other editors. Ernesti, however, retains the common lection, per se ipse, making per se refer to the law which Gabinius proposed and exerted himself to have passed. He doubts the latinity of per vos in conjunction with ipse; but this is, in fact, the very language required by the occasion, ipse referring to the individual exertions of Gabinius, and per vos to their being crowned with success by the suffrages of the people. 8. De quo legando, &c. "I hope the consuls will consult the senate relative to his appointment as lieutenant," i. e. will lay the whole matter before them, and get that body to interpose their authority and sanction the appointment. The consuls of this year were Lepidus and Volcatius Tullus. (Consult Sigonius, Fast. Cons. p. 480, ed Oxon.) 9. Aut gravabuntur. "Or shall raise any difficulties." Gra- vari is here used in a deponent sense. 10. Ego memet profileor relaturum. "I openly declare that I myself will lay the matter before them." In place of the common reading me, we have given memet on the suggestion of Goerenz, ad Cic. Acad. 2, 16.-Nothing could be laid before the senate against the will of the consuls. The praetors, of which class of magistrates Cicero was at this time a member, could only convene the senate when the consuls were absent from the city, and could at these times only lay such matters before them as they pleased. It will be perceived, therefore, that the language of Cicero, on the " 30* 354 ORATION IN FAVOUR OF Page. 90 present occasion, partakes of the nature of a mere boast, and is intended to conciliate the favour of the multitude. He declares, that, if the consuls hold back, he himself will make the requisite application to the senate, in spite of them and of any inimicum edictum which they make in order to stop him; and that nothing short of the intercession of the tribunes would keep him back. Ile knew very well, however, that the consuls had the power to re- strain him. 11. Inimicum edictum. "The unfriendly edict," i. e. on the part of the consuls, and aimed at his intended motion in the senate. -Vestrum jus beneficiumque. "The right and the favour which you have conferred." The Gabinian law gave Pompey the right of selecting his own lieutenants. (Consult note 20, page 89.) By beneficium is meant the mark of favour which the granting of this right implied. 12. Praeter intercessionem. "Short of intercession," i. c. the tribunitian veto.-De qua. Referring to this intercession.—Quid liceat considerabunt. "Will do well to consider, how far their power may extend," i. e. will take care, if they value their own tranquillity, not to exceed the power vested in them by the laws. 13. Socius adscribitur. "Is a fit person to be added as a com- panion in arms to Pompey. Adscribitur is here equivalent to dignus est qui adscribatur. 14. Alter. Referring to Gabinius.-Uni. "To a particular commander.”—Alter. "That commander." Literally, "the other." 15. Ut dicendum esse videatur. phraseology, on purpose here, as if the present occasion, seemed to him and laboured refutation. Cicero appears to adopt this the arguments of Catulus, on too weak to require a formal 16. Si in uno Cn. Pompeio, &c. "In what person, if you made all your expectations centre in Cneius Pompeius, you were going to place any hope, in case aught should befall him." The expression si quid de eo factum esset, is an euphemism, for "in case he should die." The direct mention of death is omitted as ill-omened. We have restored de eo, the old reading, with Heumannus, Matthiae, and others. The lection adopted by most editors, from the time of Lambinus, is si quid eo factum esset, omitting de. The anec- 17. Cepit magnum, &c. Reaped the rich harvest of his own virtues and high-standing."-In ipso. "In himself." dote here alluded to is a very pleasing one. In an oration to the people, during the discussion on the Gabinian law, Catulus asked them, whom they would have to supply Pompey's place, in case EL THE MANILIAN LAW. 355 M Page. (Val. that individual should be cut off! The people exclaimed with 90 almost one accord, “Te, Quinte Catule.” "You, Quintus Catu- lus." And thus the Roman people, as Valerius Maximus remarks, made Catulus the equal of Pompey and of all his glory. Max. 8, 15, 9.) Catulus, it scems, according to Plutarch's account, was arguing against the propriety of investing Pompey with the command in the piratical war, on the ground that the people ought to spare him, and not to expose such a man to so many dangers. (Vit. Pomp. c. 25.)-The common text has in eo ipso. But sev- eral MSS. omit eo, and besides, as Lambinus and Matthiae correctly remark, it would refer to Pompey, not to Catulus. It is rejected in consequence, by Lambinus, Weiske, and Matthiae, and enclosed within brackets by Orellius. 18. Talis est vir, &c. This praise was as richly deserved by Catulus, as Cicero seems to have been sincere in bestowing it. Compare de Off. 1, 22: “ Mihi quidem neque, pueris nobis, M. Scaurus C. Mario, neque, cum versaremur in republica, Q. Ca- tulus Cn. Pompeio cedere videbatur.” 19. Et consilio regere, &c. "Both direct by his counsels, and support by his integrity, and accomplish by his valour." 1. Vehementissime dissentio. Compare note 15, page 90.—Quo 91 minus certa, &c. "The more uncertain and brief that human life is.” -Fru summi hominis, &c. "To avail itself of the days and talents of a distinguished individual." More freely, More freely, "to avail itself of the talents of a great man, as long as his life is spared to his country." 2. At enim, &c. The elliptical use of at enim here, may best be explained by a paraphrase: "But, remarks Catulus, this whole proceeding is an improper one, for let no innovation be made, con- trary to the precedents and institutions of our fathers." Cicero proceeds to meet an objection urged by Catulus, that it was not right for the state to be dependant upon, and to have all its hopes centred in, a single individual. He cites, in opposition to this doctrine, the examples of Scipio the younger, and Marius. 3. Non dico hoc loco, &c. "I urge not in reply here, that our fathers always consulted in peace established usage, in war utility; that they always adapted new plans to new emergencies." Novo- rum consiliorum rationes, literally, "the plans of new consuls," i. e. new plans which had been made the subject of previous deliberation. 4. Non dicam, &c. I will not tell, how two very important wars," &c. Ciccro will not dwell on these points, or make any formal reply. It is sufficient merely to glance at them.-Punicum. The third Punic war.-Hispaniense. The war with Numantia. 5. Uno imperatore. The younger Scipio. 356 ORATION IN FAVOUR OF Page. 91 6. Non commemorabo, &c. "I will not remind you, that, but a few years ago, this course appeared a proper one to you and your fathers, that the hopes of the empire should be made to centre in the single person of Caius Marius; that this same individual," &c. 7. In ipso Cn. Pompeio, &c. "Recall to your own recollections, how many things of a novel nature have been done by you, with the full approbation of Quintus Catulus, in the case of that same Cneius Pompeius, with regard to whom Quintus Catulus now wishes no- thing of a novel nature to be adopted," i. e. how many innovations on established usage, &c. These are enumerated immediately after. 8. Summa Q. Catuli voluntate. This is the very neat emenda- tion of Graevius from one of his MSS. The old reading was sum- maque Catuli voluntate. The praenomen Q. is often changed, in the MSS., into the conjunction que. The connective is not wanted kere. 9. Enim. Referring to what immediately precedes, (quam multa sint nova, &c.,) and therefore very unnecessarily bracketed by some editors. 10. Adolescentulum. Pompey was, at the time here alluded to, in the twenty-third year of his age. Compare note 8, page 80.- Privatum. << Holding no official station." 11. Conficere. "To levy." More literally, "to get together." The allusion in the text is to Pompey's levying an army, and march- ing with it to the aid of Sylla. Compare note 8, page 80. 12. Optime. "Most successfully.”—Ductu suo. "Under his own guidance,” i. e. in person. When a Roman commander per- formed any thing in person, he was said to do it ductu, or auspicio suo. 13. Cujus a senatorio gradu, &c. The senatorial age appears to have been about thirty-two. (Consult the remarks of Ernesti, Ind. Leg. s. v. Annales.) That is, the age for enjoying the quacs- torship was about thirty-one, and, after having held this office, a person was eligible into the senate. Pompey, therefore, was about eight years under the senatorial age.-Plutarch informs us that Pompey, at the time alluded to by Cicero, might have easily, as a matter of favour, been admitted to the senate, but that his ambition was to pursue honour in a more uncommon track, and to triumph before he was a senator. (Vit. Pomp. c. 14.) 14. Confecit. "He terminated."-Deportavit. home." Deportare properly denotes, "to remove," or from one place to another," as, in the present instance, from Africa to Italy. 15. Equitem Romanum triumphare. Plutarch states, that Sylla "He brought "transfer, THE MANILIAN LAW. 357 Page. at first opposed Pompey's demand for a triumph, on this occasion, 91 alleging that he was too young, and not yet of an age to be admit- ted into the senate. Pompey, not in the least intimidated, bade Sylla consider, "that more worshipped the rising than the setting sun," intimating that his own power was increasing, while that of Sylla was on the decline. Sylla did not distinctly hear what he said, but perceiving by the looks and gestures of those present, that they were struck by what Pompey had uttered, he asked what it was, and, when he was informed, in admiration of Pompey's spirit, he cried out: "let him triumph," "let him triumph." 16. At eam quoque rem, &c. In Cicero's account of this triumph, no mention, whatever, is made of any decree of the senate, or order of the people to that effect. The reason is this: Sylla, being dicta- tor, held all the power of the state in his own hands, and awarded public honours without consulting either senate or people. 17. Duo consules. D. Junius Brutus and M. Aemilius Lepidus, A. U. C. 676.—Bellum maximum, &c. The war against Sertorius. 1. Nonnemo.- "An individual.” The student will note the dif- 92 ference between nonnemo and nemo non; the former being equiva- lent to aliquis, the latter to omnes. 2. Pro consule. In place of a consul," i. e. with proconsular power. The expression pro consule, or proconsul, was applied, among the Romans, not merely to one, who, after having filled the consulship, was sent out, the next year, to govern a province or execute some particular charge, but, as in the present instance, to one sent out in place of a consul. 3. L. Philippus. A senator of great influence and weight of character.-Pro consulibus. Intimating, by this peculiar turn of expression, his opinion of the incapacity of both the consuls for that year. The consuls were M. Lepidus and Q. Catulus; A. U. C. 675. 4. Legibus solutus. The laws here referred to were the Lex Villia, and two of the Leges Corneliae. They were often called by a general term Leges Annales, from their fixing the ages for holding the different offices in the state. Thus, the quaestorship could not be enjoyed until one had reached the age of 31 years, the aedileship 37, praetorship 40, and consulship 43. Such, at least, was the rule in Cicero's time. (Ernesti, Index Legum, s. v. Annales.) Now, Pompey was elected consul before he was full 36 years old, that is, before he was of sufficient age to obtain the acdileship, which was the first office properly called magistratus, although that title is often applied also to the quaestorship and tribuneship.-Ferratius explains the words ante quam ullum alium magistratum, &c., in a different manner. He supposes, that there was either an old law, 358 ORATION IN FAVOUR OF Page. 92 revived by Sylla, or else a new one passed by him, which enacted, that no one who had not filled the office of quaestor, could be a can- didate for any other and higher office; and that, as Pompey had never been quaestor, he was, of course, legally excluded from the consulship. Cicero's words, however, by no means favour this interpretation. What, in such an event, becomes of ante quam? 5. Iterum. Alluding to Pompey's second triumph, which was granted him for his successes over the remains of the army of Ser- torius, in Spain, after the death of that commander. 6. Ex senatusconsulto. Sylla had overthrown the tribunitian power, and, in consequence of this, the whole administration of the state, for some time after his death, centred in the senate. Hence, at the period referred to in the text, this order, and not the people, had the right of granting a triumph. 7. Quae in omnibus hominibus, &c. "Whatever precedents of a novel nature have been established in the case of all men, within human remembrance," &c. 8. Profecta sunt in cundem hominem, &c. "Have taken their rise, for the same individual, from the express recommendation of Quintus Catulus," &c., i. e. have been established in favour of Pompey by the very recommendation of Catulus, &c. 9. De Cn. Pompeii dignitate. "Concerning the elevation of Cneius Pompeius," i. e. his advancement in the state, and to public and unusual honours. 10. Dissentiant. We have adopted Ernesti's conjecture. The common text has dissentiunt.-Iisdem istis reclamantibus. Hor- tensius, Catulus, and other senators, had likewise opposed the Gabi- nian law. We give iisdem before istis, with Matthiac and Orellius, from several MSS. It does not appear in the common text. 11. Temere. CC Rashly."-Studia vestra suis consiliis regere. "To regulate your wishes by their counsels," i. e. to interpose their authority and advice, and prevent you from blindly following the mere impulse of feeling, and from listening to the dictates of per- sonal attachment, when these are in opposition to the public good. 12. Sin autem vos, &c. "But if, on the contrary, you saw more clearly, on that occasion, than they did, what was for the interest of the state; if you, notwithstanding their opposition, did, by your own unaided efforts, bestow dignity upon this empire, and safety upon the world; let those leaders of the senate at length acknowledge, that both they, and the rest of their order, must yield obedience to the recommendation of the Roman people at large," i. e. must not oppose the advancement of that individual, whom the Roman people, with one voice, recommend as worthy of the highest honours. THE MANILIAN LAW. 359 Page. 13. In republica. Literally, "in what concerned the republic." 92 -Per vosmet ipsos. The allusion is to the suffrages of the people, as unbiassed by the high standing of those who opposed the Gabinian law, and in opposition to their advice.-Isti principes. "Let those leaders of the senate." 14. Militaris illa virtus, &c. "That military talent, which exists in a singular degree in Cneius Pompeius."-Virtutes animi. Qualities of mind.” 15. Interiorum nationum. " "Of the more inland nations," i. e. of the nations that are removed from the shores of the Mediterra- nean, and do not, like the countries just named, border upon them. 16. Ita versari vestrum imperatorem, &c. "For a commander ** of yours to be so employed, as to think of nothing but the foe and renown. Cicero means, that, in countries at a distance from Italy, and from which, of course, complaints could less easily be brought to Rome, the temptation was a very strong one for Roman com- manders to abuse their power, and turn their thoughts from the path of duty to views of self interest and the indulgence of a rapacious spirit. 1. Si qui sunt, &c. "If there be any held under more restraint 93 than others, by a sense of shame and a habit of self-control, no one thinks that they are really such, in consequence of the vast number of the rapacious," i. e. no one gives them credit for being sincere. A rapacious spirit is so sure a mark of a Roman commander, that, when one is found without it, he is merely thought to be acting an insincere part, and laying claim to a purity and disinterestedness which he does not really possess. ap- 2. Quos ad cas, &c. Alluding particularly to Glabrio, but plicable in fact to the conduct of almost all the Roman proconsuls and governors of provinces, at this particular period. 3. Injurias ac libidines. "The oppressive conduct and libidinous excesses." 4. Quod enim fanum, &c. "For what temple, think you, in those lands, has preserved its religious character in the eyes of our magistrates; what city has been held sacred by them; what private dwelling has been sufficiently closed upon, and defended against, their violence?" tur. (C 5. Requiruntur. "Are sought for."—Quibus causa belli infera- "Against which some pretext for war may be alleged." 6. Libenter haec coram, &c. Willingly would I enter upon an open discussion of these topics," &c.—Querimonias audiunt. Espe- cially Hortensius, in his professional capacity. 360 ORATION IN FAVOUR OF Page. 93 7. Hostium simulatione. "Under the pretence of acting against. enemics, but in reality against allies and friends.” 8. Quae non modo imperatoris, &c. "That can satisfy the grasping avidity, and the insolent pretensions, not merely of a com- mander, or a lieutenant, but of a single tribune of the soldiers ?"___ There were six military tribunes (tribuni militum) in every legion, and they had each the charge of ten centuries. (6 9. Collatis signis. "When an engagement takes place."-Signa inferre, to advance against the foe;" conferre, "to engage ;" con- vertere, "to face about ;" referre, "to retreat," &c. 10. Nisi erit idem. "Unless he shall also be one." Ab auro gazaque regia. "From the gold and the treasures of kings.' 11. Ecquam putatis, &c. "Think you that any state has been subdued by our commanders, and still remains opulent; that there is any one still opulent, which appears to them to be as yet com- pletely subdued ?" i. e. complete subjugation to the Roman arms only begins where every thing like opulence ends. As long as wealth remains, so long will the commanders of Rome consider a state hostile, and make this a pretext for plunder. 12. Videbat enim, &c. "For it saw that the Roman people at large were not enriched from year to year by the public money, but only a few individuals." Videbat refers to ora maritima.-The old editions have populus Romanus, which is approved of by Grono- vius (de Pec. vet. 4, 4) and retained by Graevius. Gruter and others, however, give praetores locupletari, omitting the negative. The reading praetores, in place of populus Romanus, arose very probably from the abridged mode of writing the latter, in the MSS., namely, P. R. or Po. Ro. The true lection is the one we have adopted, and which is also given by Ernesti, in accordance with the opinion of Hotomannus and Lambinus. 13. Praeter paucos. Literally, "except a few." 14. Classium nomine, &c. The idea intended to be conveyed is this, that all the advantage the Romans gained by the empty name of a fleet, was only an increase of disgrace from repeated losses. 15. Qua cupiditate. "With what rapacious views."—Quibus jacluris. "After what heavy bribery, and under what engagements.' By jacturae are here meant the bribes given to those in office, and to influential individuals out of office, and also to different persons throughout the tribes, for the purpose of obtaining some foreign command. The only way the individual had of re-imbursing himself for these heavy expenditures was by plundering and despoiling his province. (Gronov. de Pec. vet. 4, 4.)—Ernesti (Clav. Cic. s. v.) makes conditio equivalent here to largilio, an actual largess or "" THE MANILIAN LAW, 361 Page. present. It refers rather to a bargain or agreement, to be fulfilled 93 at some future period, and for the performance of which regular security is given; or, as Gronovius (1. c.) explains it: "pactio, cautionibus et syngraphis facta.” 1. Cum suis mrtutibus, &c. "As well by his own virtues, as 94 by the contrast also of the vices of others." 2. Quare nolite, &c. "Do not then hesitate to entrust," &c. 3. Inter annos tot. "For so many years." Equivalent to per Eot annos. Compare the explanation of Ernesti : "Inter tot annos est per tot annos, quod est et in Orat. Quintiana, nec esse debet lati- nis auribus insolens ut Graevio visum est.”—Schottus conjectured inter tot with an ellipsis of imperatores, throwing out, at the same time, annos from the text. This conjecture meets with the appro- bation of Graevius; but the ellipsis is a very harsh one, and is justly condemned by Ernesti. 4. Quod si auctoritatibus, &c. "But if you think that this step needs to be supported by authorities, you have, as an adviser of the measure, Publius Servilius," &c. The individual here meant was P. Servilius Isauricus, who had been consul A. U. C. 674. He was sent against the pirates after the defeat of the praetor Antonius, and was successful in several engagements with them. For his victories over the Isauri, a mountaineer race of Pisidia, he obtained the cognomen of Isauricus. Servilius had spoken before Cicero in favour of the law. 5. De bello. "On any thing relating to war. "Auctor vobis, &c. "No one ought to be regarded by you as weightier authority.” 6. C. Curio. C. Scribonius Curio, who had enjoyed the consul- ship, A. U. C. 677. His colleague was Cn. Octavius.-Summis vestris beneficiis, &c. "Distinguished by your signal favours, and his own very illustrious exploits, his distinguished abilities and wis- dom." Consult Historical Index. 7. Cn. Lentulus. Cn. Lentulus Clodianus, consul A. U. C. 681. -In quo omnes, &c. In whom you all know the highest wisdom, the most solid merit to exist, in full accordance with the very ample honours which he has received at your hands." 8. C. Cassius. C. Cassius Varus, consul A. U. C. 680. 9. Quare videte, &c. "See then, whether we appear to have it in our power, to reply by means of these authorities to the remarks of those who differ in opinion from us." The whole sentence is ironical, and had editors generally borne this in mind, the difficulty under which they have laboured, as regards the true reading, would never have occurred. Gruter has given, for example, videte, ut ·· videamur, from some MSS. and early editions, which Ernesti 31 362 ORATION IN FAVOUR OF Page. 94 condemns very properly, but cannot at the same time see much to be pleased with in videte, num ・・・ videamur, on account of the negative sense, which it appears to him to contain in common with Gruter's reading, as if it implied that the advocates of the law were not able to answer their opponents. The truth is, he does not see the ironical meaning of Cicero's words and the idea in fact conveyed by them, that the favourers of the law are fully able to reply. Com- pare the explanation of Schütz: "Sensus est cum ironia: cogi- tate, quaeso, num horum auctoritates recte illis opponere posse vide- amur; h. e. sine dubio possumus.” The reading we have adopted appears in some of the MSS., and early editions. 10. Istam tuam et legem, &c. "Both that law, and purpose, and opinion of thine."- Voluntas. The wish to have Pompey sent to the war.-Sententia. The high opinion which he entertains of that commander's fitness for the present emergency. 11. Auctore Populo Romano. "Since you have the Roman people on your side." Auctor is used here somewhat in the sense of de- fensor. Compare Ernesti, Clav. Cic. s. v. § 10 : Defensor qui- cunque, qui alicujus rem causamque gerit." (4 12. Perseverantiae. This is the reading brought in by Gruter, from MSS. The earlier lection was constantiae. 13. Quantam nunc iterum, &c. Most MSS., and all the edi- tions before that of Graevius, together with that of Olivet, subsequent to his, have quantam non iterum vidimus; which makes no good meaning at all, or to adopt the more concise language of Ernesti, "sine sensu est." Our present reading was first given by Graevius, from good MSS., and has since his time been very gener- ally adopted, the only remarkable instance of deviation from it be- ing in the case of Olivet. Graevius observed, that, in one of his MSS., the words from quantam to videmus were omitted, from which circumstance he was induced to think that perhaps, after all, they were a mere interpolation. "In appointing the same iu- 14. In eodem homine praeficiendo. dividual to a command." 15. Quid est, quod, &c. Why should we doubt either of the propriety of what we are seeking to obtain, or of our means of obtaining it," i. e. why should we doubt either the justice or success of our proposition.-De re. Literally, "about the thing it- self." "Of zeal, of experience, of application, 16. Studii, consilii, &c. of talent." 17. Hoc beneficio populi Romani. "By means of this kindness on the part of the Roman people towards me, and this authority as (6 • • THE MANILIAN LAW. 363 Page. praetor which I at present enjoy." Beneficio refers to what immedi- 94 ately follows, his having been elected, namely, to the office of praetor. 18. Qui huic loco, &c. "Who preside over this spot, and the consecrated place where I am now standing." By loco is meant the forum, in the immediate vicinity of which were many temples, such as those of Jove, Castor, Concord, &c.—The term templo re- fers to the rostra, from which Cicero was speaking. Among the Romans, every place consecrated by the augurs, was entitled to the appellation of templum. (Varro, L. L. 6, 2.) Compare Cic. in Valin. c. 10:"In rostris, in illo, inquam, inaugurato templo ac loco.” So also Livy, 8, 14: Rostraque id templum appellatum." 19. Qui ad rempublicam adeunt. affairs. "Who take part in public K 20. Neque quo Cn. Pompeii gratiam, &c. As Cicero was now in the full career of his fortunes, and in sight, as it were, of the consulship, the grand object of his ambition, it was very natural for many to suppose, that his conduct on this occasion was governed by interested views, and that he sought to facilitate his own advance- ment, by paying court to Pompey's power. He here solemnly de- nies the truth of the allegation. The opinion of modern times, how- ever, is in general unfavourable to his sincerity. "From the elevated standing 21. Er cujusquam amplitudine. of any individual. 1. Ut hominem praestare oportet. "As a man ought to do."- Innocentia tecti." Shielded by innocence.' 2. Ratione vitae. "Course of life."—Si vestra voluntas feret. "If your inclinations shall lead you still to favour it," i. e. if your kind wishes shall still prompt you to favour my endeavours. << 3. Aliquam bonam gratiam. Any favourable influence with others."-Simultates. "Enmities." T 4. Mihi non necessarias, &c. By pursuing his present course, Cicero might make enemies of Lucullus and his friends, and irritate all the opponents of Pompey. Labouring, as he did, under no ne- cessity of acting in this way, his doing so notwithstanding becomes a sure proof of his sincerity. The public good also, as he insinuates, may be advanced by his present line of conduct, since some inqui- ries and accusations may possibly follow. 5. Hoc honore. Alluding to the praetorship.-Meis omnibus "To all my interests and views of advan- commodis et rationibus. tage." 95 Page. 96 ORATION FOR L. MURENA. 1. M. TULLII CICERONIS, &c. "Oration of Marcus Tullius Cicero, in defence of Licinius Murena."-At the comitia held during the consulship of Cicero, Decimus Junius Silanus and Licinius Mu- rena were elected consuls for the ensuing year. The latter in- dividual had for his competitor the celebrated lawyer Sulpicius Ru- fus; who, being assisted by Cato and Cn. Postumius, charged Murena with having prevailed by bribery and corruption. This impeachment was founded on the Calpurnian law, which had lately been rendered more strict, on the suggestion of Sulpicius, by a sena- tusconsultum. Along with this accusation, the profligacy of Mu- rena's character was objected to, and also the meanness of his rank, as he was but a knight and a soldier, whereas Sulpicius was a patri- cian and lawyer. Cicero therefore shows, in the first place, that he amply merited the consulship, from his services in the war with Mithridates, which introduces a comparison between a military and forensic life. While he pays his usual tribute of applause to culti- vated eloquence, he derides the forms and phraseology of the Roman jurisconsults, by whom the civil law was studied and practised. As to the proper subject of the accusation, bribery in his election, it seems probable that Murena had been guilty of some practices, which, strictly speaking, were illegal, yet warranted by custom. They seem to have consisted in encouraging a crowd to attend him in the streets, and in providing shows for the entertainment of the multi- tude; which, though expected by the people, and usually over- looked by the magistrates, appeared heinous offences in the eye of the rigid and stoical Cato. Aware of the weight added to the ac- cusation by his authority, Cicero, in order to obviate this influence, treats his stoical principles in the same tone which he had already used concerning the profession of Sulpicius. In concluding, he avails himself of the difficulties of the times, and the yet unsuppress- L. MURENA. 365 Page. ed conspiracy of Catiline, which rendered it unwise to deprive the 96 city of a consul well qualified to defend it in so dangerous a crisis. This case was one of great expectation, from the dignity of the accusers and eloquence of the defender's advocates. Before Cicero spoke, it had been pleaded by Hortensius, and Crassus the triumvir, who had both appeared in favour of Murena, and Cicero now uses his utmost exertions to surpass these rivals of his eloquence. In particular, he shows much delicacy and art in the manner in which he conducts the attack on the philosophy of Cato and the profession of Sulpicius, both of whom were on very intimate terms with him, and stood high also in the estimation of the judges whom he address- ed. (Dunlop's Rom. Lit. vol. 2, p. 302, seqq. Lond. ed.) This speech was delivered A. U. C. 690, during the interval that elapsed between the second and third orations against Catiline. The result was favourable for Murena, who was acquitted, and held the consulship the following year. 2. Quae deprecatus, &c. "Even as I earnestly asked in prayer of the immortal gods, O Judges, according to the established usage of our fathers, on that day, when, the auspices having been duly consulted, I declared Licinius Murena consul at the comitia by centuries; namely, that the choice thus made might eventuate pro- pitiously and happily for me and my magistracy, for the people and commons of Rome; so now, in like manner, do I entreat of the same immortal beings, that this same individual may enter upon that consulship with all his rights and privileges unimpaired, and that your opinions and sentiments," &c.-The student will note the ele- gant use of quae and eadem in this passage, requiring to be rendered in our idiom by an adverbial form of expression. Compare Bauer, ad Sanct. Min. vol. 1, p. 250, seqq. 3. Judices. Cases of bribery, like the present, were tried before one of the praetors and a select council of assessores or judices. Compare note 4, page 49. 4. Auspicato. The auspices were always taken on the morning of the day when the comitia were to be held, by the magistrate who was to preside. For this purpose he went out of the city, attended by one of the augurs. If the auspices were unfavourable, no comitia were held. If any informality had taken place in the mode of con- sulting them, and this were afterward ascertained, every thing done at these comitia went for nothing. 5. Comitiis centuriatis. Consult note 17, page 71.-Renuntiavi The candidate who was found to have received most votes, was. 31* 366 ORATION FOR Page. 96 called forward by the presiding magistrate, and, after a solemn prayer, and taking an oath, was declared to be elected through a herald. It is to this prayer that Cicero here refers, and not as some suppose to that with which the business of the comitia was opened. -One of the consuls always presided at the comitia for the election of new consuls. Cicero presided on this occasion, and had the pref- erence to his colleague Antonius, because he was consul prior, i e. had been elected to the consulship by the greater number of wotes.. 6. Magistratuique meo. Referring to his consular authority, which would continue until the end of the year, when the new con- suls would succeed. The latter, in the meantime, would be called consules designati, "consuls elect." 7. Populo plebique Romanae. The allusion here is to all orders- of the Roman people, including even the lowest of the commons. Populus when opposed to plebs, as in the present instance, is re- garded as the generic term, and denotes the whole body of Roman citizens, including the senators and patricians; while by plebs, in such a construction, are meant the lower orders of the commons. On the other hand, in the expression Senatus populusque Romanus, the term populus means all the Roman people but the senate. $ 8. Ob ejusdem, &c. Literally, "for an entering upon the con- sulship by the same individual, together with all his personal privi- leges." Obtinere gets here the meaning of "to enter upon," from its primitive import, "to hold against another," i. e. in the present case, to hold successfully against the accusation which had been preferred, and, consequently, to enter upon and enjoy.-Salute. By salus, Cicero means Murena's privileges as a Roman citizen,. since, if convicted, he would be deprived of all his civil rights and sent into exile. 9. Eaque res. "And that this agreement." The agreement of opinion here spoken of will show itself, of course, in the acquittal' of Murena, since the Roman people have already, by their suffrages, declared him worthy of the consulship. It will also bring with it peace and tranquillity to the state, since an energetic consul will be required the ensuing year, to crush what remains of the conspiracy of Catiline; and Murena will be found to be such a one. 10: Quod si illa solemnis, &c. 1 For if that solemn prayer of- fered up at the comitia, and hallowed by consular auspices, possesses in itself all' that power and religious efficacy, which the dignity of the republic has a right to expect, then, on that same occasion, I,. in fact, also prayed, that the choice which had been made might turn out auspiciously, happily, and well for those individuals like- L. MURENA. 367 Page. wise, unto whom this consulship had been granted at an assembly 96 where I presided."-This sentence is explanatory of what precedes. If the prayer offered up at the comitia, when the result of the clec- tion was made known to the assembled people, possessed a full and thorough efficacy, it must be supposed to have embraced the in- dividual welfare of the candidates, as well as the interests of the state at large, and, therefore, it is perfectly proper for Cicero now to entreat the gods in behalf of one of them. 11. Me rogante. The literal import of these words is, “I, as presiding officer, asking the people their pleasure in the premises." Compare note 16, page 10. 12. Omnis deorum, &c. "All the power of the immortal gods- in the present case."-Vestrae fidei. "To your protection."- Antea. "On a previous occasion," i. e. at the comitia. 13. Beneficium populi Romani. The favour conferred upon- him by the Roman people." Alluding to the consulship. 14. In hoc officio. "In the discharge of this duty."—Studium meue defensionis, &c. "The zeal that marks my defence of him, and even the very undertaking of his cause by me 1. Non quo mihi, &c. "Not because a vindication of the duty 97 which I am here discharging appears of more importance in my eyes, at this particular period, than a defence of the rights and privileges of this individual, but that, when once my conduct shall have been approved of by you, I may with the greater weight, &c. As regards the usage of the Latin writers in the case of non quo, consult Tur- sellinus, de part. Lat. p. 240, and Zumpt, L. G. p. 335, Kenrick's transl. 2. Honore, fama, fortunisque. It has already been stated (note- 8) in general terms, that Murena, if convicted, would be deprived of his civil rights and banished. This point may here be enlarged: upon. If an individual were found guilty upon a trial for bribery, he was deprived of the consulship, in case he had been elected to that office, and the competitor who accused him was nominated in: his place. He was also heavily fined, declared incapable of bearing any office for the time to come, or of appearing in the senate, and by the Tullian law, which Cicero brought forward and had passed, an additional penalty of ten years' exile was imposed. 3. M. Catonis The same who ended his days, by his own hands, at Utica. He was at this time one of the tribunes elect Ob serving the great corruption that had crept into the consular elec-- tions, Cato, when appointed to the tribuneship, concluded a severo charge to the people, by affirming on oath, that he would prosecute avery one who should offend in this way. Hence his coming for- 368 ORATION FOR Page. 97 ward, on the present occasion, among the accusers of Murena. (Com- pare Plut. Vit. Cat. Min. c. 21.) 4. Vitam ad certam rationis, &c. "Who regulates his life by the fixed standard of reason, and most scrupulously weighs the mo- tives to every duty." Cato belonged to the Stoic sect, and Cicero, in referring to his particular tenets, employs the word “ratio" here in the sense which the Stoic school attached to it. With the fol- lowers of Zeno, reason was the governing principle. They regarded the soul as consisting of eight distinct parts; namely, the five sen- ses, the productive faculty, the power of speech, and the ruling part, τὸ ἡγεμονικὸν, Οr reason. (Diog. Laert. 5, § 157.—Plut. plac. 4, 2. segg.) The human soul was regarded by them as an emanation from that Eternal Reason, by which all nature is animated; and their main doctrine was, that man should contemplate truth, follow nature, and imitate God, by making the eternal reason, and immutable law of the universe, the rule of his actions. Thus, to live according to nature being virtue, and virtue itself being happi- ness, the Stoic will take care to live according to a just conception of the real nature of things, choosing that which is in itself eligible, and rejecting the contrary; or, in the words of Cicero, "diligentis- sime perpendebit momenta officiorum omnium," and in endeavour- ing to accomplish this result, he will take, what he considers right reason, for his guide. 5. De officio meo. case." Concerning my own duty in the present 6. Et legis ambitus latorem. "And the author of a law against bribery." He who proposed a law to the people for their considera- tion and adoption, was called legis lator; so ferre legem, "to propose a law;" but perferre, "to carry it through."-The law alluded to by Cato was the lex Tullia. Consult note 2, towards the conclu- 66 sion, and also Legal Index. 7. Et tam severe gesto consulatu. "And one, whose own con- sulship has been exercised with so much wholesome rigour." Cato alludes to the proceedings of Cicero against Catiline, in driving him from the city. It is worthy of remark, however, that the severity, for which Cato here commends Cicero, was only but just begun ; since the present oration was delivered in the month of November, and the accomplices of Catiline, who were tampering with the am- bassadors of the Allobroges, were only arrested and punished in the early part of the ensuing month. 8. Causam L. Murenae attingere. "To have aught to do with the cause of Licinius Murena." Allingere, literally, "to touch even in a slight degree," "to meddle with in the least." Compare L. MURENA. 369 Page. the remark of Dacier, ad Paul. Diac. excerpt.: "Est autem attingere 97 leviter, quasi summis, vel pedum vel manuum, digitis tangere," p. 316. cd Lindemann. 9. Cujus reprehensio. "The censure of this individual.” Cu- jus for Hujus, as it begins a clause.-Ut rationem fucli mei probem. To explain the reasons of my conduct," i. e. to prove the grounds of my conduct to have been perfectly correct. 10. Mihi conjunctior. "More intimately connected with me." -Cui respublica, &c. "Into whose hands that republic is deliver- ed by ine individually, to be supported by him, after having been up- held by great toils and dangers of my own." The common text has una, for which we have substituted uno, a conjecture of Lambinus' which Graevius received into the text. Cicero says a me uno, as he had presided alone. 11. Quod si in iis rebus repetendis, &c." For if, when a demand is made for the recovery of those things, which have been alien- ated to another with a warranty against dispossession, that individual is bound to guaranty the risk of a decision giving this property to another, who, by the very terms of the agreement, covenanted so to do," i. e. if A. conveys property to B., and gives him at the same time a warranty that the title is sound, and if C. then comes in and claims this same property as his, A. is bound, by the very terms of the sale, to guard B. against the chances of dispossession by the verdict of a court of law in favour of C.-Among the Romans, Res mancipi (contracted for mancipii,) were those things which might be sold and alienated, or the property of them transferred from one person to another, by a certain rite or form of proceeding used among Roman citizens only, and such sale was always accompanied by a warranty of title. Hence the translation, or rather paraphrase, which we are compelled to give to the expression quae mancipi sunt, in the text. By judicium is meant a decision of a court of law, in fa- vour of the title of some third person; and by nexus, the obligation of warranty always connected with res mancipi, by the provisions of the Roman law. (Compare Heinecc. Antiq. Rom. p. 366, ed. Hau- bold.) The res mancipi were such things as farms, slaves, quadru- peds, pearls, and the rights of country-farms, called servitudes, (ser- vitutes.) The distinction between res mancipi and res nec mancipi is not recognised by the Justinian code, it having been abolished by that emperor. Bynkershoek thinks that it was founded upon the comparative value of different classes of things. et nec mancipi, p. 109.) But Meerman opposes this doctrine (Diss. de rebus manc., &c.) and maintains, that res mancipi were things connected with agriculture, and hence deemed of greater value than (De reb. mancipi 370 ORATION FOR Page. 97 others. Some lexicographers make mancipi an indeclinable term, but consult the remarks of Perizonius, ad Sanct. Min. 4, 4. n. 12, p. 46. ed. Bauer. 12. Profecto ctiam rectius, &c. "With still more justice, sure- ly, on the ial of a consul elect, will that consul in particular, who de- clared him elected to office, be bound to become unto him the guar- antee of the favour conferred by the Roman people, and his defend- er from danger." Cicero here makes a very pleasing application of the dry rule of law which he has just been citing. The consul- ship is now regarded, in a figurative sense, as one of the class of res mancipi, and Cicero as the holder. Having presided at the consular comitia, and announced the election of Murena to the assembled people, he may be said, by virtue of his office, to have transferred the consulship, in due form, to Murena, as a thing to be possessed by him in his turn, and to have bound himself to aid the latter against all who should seek to dispossess him. 13. Auctor. This term is here employed, in a figurative sense, to denote one who sells or conveys a thing to another and pledges himself for the soundness of the title. Compare the explanation of Ernesti, (Clav. Cic. s. v. auctor, § 11): “Est venditor, qui suum esse spondet, quod vendit, et ejus vendendi se potestatem hab- adeoque actione tenetur de evictione, aut periculum judicii praestat, ut in mancipio." It is from this use of the term, that the reference to selling, in the Latin term, "auctio," and the English word "auction," is derived. 14. Ac si, ut nonnullis, &c. "And if, as is wont to happen in some states, a patron should be appointed, by public authority, for the management of this cause, that individual, of all others, would be assigned as a defender to a man invested with an elevated office, who, being himself clothed with the same dignity, would bring no less authority than ability to his defence." 15. Patronus. We have retained the Roman law-term "patron," in preference to the more usual term "advocate.' For the strict distinction between the two compare the language of Asconius, ad Or. in Caccil. c. 4: " Qui defendit alterum in judicio, aut Patronus dicitur, si orator est; aut Advocatus, si aut jus suggerit, aut prae- scntiam suam commodat amico," &c. 16. Quod si e portu, &c. We have inserted the preposition e from Quintilian, 5, 11, 23. It is given also by Victorius, Lambinus, Gruter, and others. 17. Praecipere summo studio, &c. "Are accustomed to give, with the utmost earnestness, an account of the storms, and pirates, and dangerous places they have encountered." Praccipere carries L. MURENA. 371 Page. with it the idea of mentioning beforehand, as a warning or caution. 97 -By locorum are meant shoals, quicksands, &c. 18. Quod natura fert, &c. “Because a natural impulse leads us to feel an interest for those," &c. The common text has affert, for which we have given fert from Quintilian, with Lambinus, Mu- retus, Graevius, and Ernesti. 19. Qui cudem pericula, &c. It must be borne in mind that this oration was delivered before the arrest and execution of Lentulus and the other accomplices of Catiline. Cicero, therefore, imagines that the conspiracy will still give trouble during the ensuing year, under the government of the new consuls. "" 20. Quo tandem me animo, &c. By what feelings then ought I, when now almost in sight of land, after a stormy tossing on the ocean of public affairs, to be actuated towards one, by whom I see the most violent tempests are about to be encountered in his manage- ment of the republic?"-Prope jam terram, &c. It was now the month of November, and at the end of the ensuing month his con- sular authority would cease. Hence he says figuratively, that he is almost within sight of land. The land which he is soon to behold, is the haven of repose after a story consulship. 21. Maximus tempestates. Compare note 19. 22. Videre, quid agatur. "To attend to what is at present passing."-Alio loco. In the 37th chapter of this speech. 1. Quantum salutis communis, &c. Cicero says this, because 98 he expects that the conspiracy will still give trouble during the en- suing year. Compare note 19, page 97. 2. Duos consules. Silanus and Murena; and not merely one, Silanus, Murena having been condemned. Both consuls will be wanted, he thinks, to make head against the conspiracy, and the time for their entering on office will be the Calends, or first, of January. 3. Officium. "A sense of duty."-Respublica. "The interests of the republic," i. e. the danger which threatens from the conspiracy of Catiline. 4. Nam quod legem, &c. "For as to my having proposed a law concerning bribery, I certainly did it with this view, that I might not abrogate the one which I had long since proposed to my own bosom, as regarded the warding off of those dangers which might threaten my fellow-citizens.” The allusion is again to the Tullian law. Consult note 2, page 97. 5. Largitionem factam esse. "That bribery had actually been committed by Murena.”—Defenderem. This verb has here the meaning of "to allege in defence." ORATION FOR 372 Page. 98 6. Etiam si alius legem tulisset. "Even though another should have been the author of the law in question." 7. Cum vero, &c. "But now, when I maintain that nothing has been done by Murena in violation of that law, why is the mere pro- posing of it on my part to operate as a hindrance to my defence of him?" 8. Negat esse cjusdem severitatis. "Cato insists, that it is not the part of the same severity," i. e. that it is a deviation from my former severity.-Hotomannus inserts Cato in the text. 9. Verbis et paene imperio. A forcible allusion to the strenuous efforts made by Cicero in driving out Catiline, but not by any means intended as a censure of his conduct in so doing. It is merely ad- duced, by way of contrast to Cicero's now appearing for one whom Cato regards as a public offender. "And to be now pleading 10. Et nunc pro L. Murena dicere. in behalf of Licinius Murena." 11. Ego autem, &c. "I, however, have always acted with pleasure this part of gentleness and compassion, which nature her- self has taught me."-Agere partes is borrowed from the language of the stage, and denotes, not to undertake mercly, as some errone- ously render the phrase, but to go through with, a part or character. -As regards the peculiar meaning of partes here, compare the language of Ernesti (Clav. Cic. s. v. pars.): "Pars in scena est persona, quam quis suscepit agendam." 12. Docuit. This is another term borrowed from the language and movements of the stage. Docere fabulam is analagous to the Greek didácкciv dpapa. From the nature of their writing materials, διδάσκειν δρᾶμα. in ancient times, they had no facility of making frequent copies, and hence the parts were studied by means of reiterated recitation from the poet; and the chorus, too, was practised in the same way. This was called teaching a play.-The application of this figure be- comes a very striking one in the present instance. Nature herself has, by a course of reiterated instruction, taught the orator, in a manner not easy to be forgotten, the dictates of gentleness and com- passion for the great drama of life. 13. Illam vero, &c. "That other character, indeed, of rigour and severity, I have never sought for, but have supported it, when imposed upon me by the exigencies of the state, in such a way as the dignity of this empire had a right to demand, amid the imminent danger of its citizens." Cicero means, that his natural inclina- tions always lead him to the side of gentleness and mercy, and that the severe and rigid character, which he had been compelled to assume toward Catiline and his accomplices, was a duty he owed L. MURENA. 373 Page, to the state, in the discharge of which, private feelings could, of 98 course, exercise no influence. 14. Personam. By persona is literally meant the "mask,” wom by the ancient actor, in representing a character, and then the term comes, as in the present instance, to denote the character itself. The ancient masks were entire head-pieces, and of various kinds, to ex- press every age, sex, country, condition and complexion, to which they were assimilated with the greatest skill and nicety. The Greek term for one of these appendages is пpóσwлоv, (or, as it was afterward called, πρоσwлciov,) denoting something applied to the face. The Latin term "persona" is derived from the verb "persono," and refers to the peculiar construction of the mouth of the mask, which was made on the plan of a speaking-trumpet, (their large theatres requiring a great volume of sound,) and was as it were "sounded through," that is, made the avenue of transmission for a loud sound. (Com- pare Theatre of Greeks, pp. 38, and 127.-Tyrrwhitt. in. Aristot. Poet. p. 139.-Mus. Crit. vol. 2, p. 211, &c. 15. Quod si tum, &c. "And if, on that occasion, when the state of public affairs required a vigorous and rigid exercise of authority, I triumphed over the dictates of my nature," &c., i. e. I suppressed at once every feeling of lenity.-Desiderare. "To desire earnestly," "to feel the want of," "to need," require," &c. < 16. Cum omnes, &c. The cause of Murena is feelings of Cicero. 17. Naturae meae, &c. "To yield obedience to the dictates of my nature, and the force of early habit."-Naturae, because all his kindly feelings are now called into action: Consuetudini, because he is more accustomed to defend than to accuse. "When every motive prompts me," &c. one which warmly enlists all the better 18. At. The common text has Ac, which we have changed to At on the suggestion of Goerenz. (Ad Cic. Acad. 2, 2.) Lalle- mant, in order to avoid doubling the ac, reads in the second clause of the sentence, et de ratione, &c. 19. Officio defensionis meae. "The duty that has prompted my present defence."-Ratione accusationis tuae. "The reasons that have led to your accusation of him," i. e. the motives that have in- duced you to become his accuser. 20. Hominis sapientissimi atque ornatissimi, &c. "Of that very wise and accomplished man, Servius Sulpicius." The in- dividual here named was regarded as the most eminent lawyer of his day. Consult Historical Index. 21. Commovebat. The imperfect tense is here employed, 32 374 ORATION FOR Page. 98 to carry us back to the time when the complaint of Sulpicius was first uttered, namely at the period of his speech against Murena. 22. Gravissime et acerbissime ferre. Literally, "that he bore it very heavily and bitterly," i. e. that it was to him a source of the bitterest regret. 23. Familiaritatis necessitudinisque. "Of the claims of long acquaintance and intimate friendship." Familiaritas implies that we have long been acquainted with another. Necessitudo is of stronger import, and denotes the existence of some tie or bond of friendship between the two parties. It is in fact a term of very general import among the Latin writers, and always implies the existence of some strong connecting tie, which involves, as it were, a necessity for mutual esteem and regard. Compare the explanation of Ernesti: "Necessitudo est omnis conjunctio, sanguinis, affinita- tis, conjugii, collegii, amicitiae, &c., quae a causa aliqua oritur, quae nobis necessitatem amoris benevolentiaeque affert.-Cicero and Sulpicius had been friends from early youth, and had studied to- gether, when young, both at Rome, and in the island of Rhodes, under the celebrated Molo. 24. Arbitros. "As umpires." Arbiter is here used in a general sense, and is analogous to the civil-law term compromissarius. In its special acceptation, it denotes one who judged in those cases that were called bonae fidei, or arbitrary, and who was not restricted by any law or form, but determined what seemed equitable. (Hei- necc. Antiq. Rom. 4, 6, 39. p. 694, ed. Haubold.) 25. Non est negligendum. Because friendship is too sacred a thing to be even exposed to suspicion. 99 1. Ego Scr. Sulpici, &c. "I both acknowledge, Servius Sul- picius, that I owed, and think candidly that I afforded unto you, in your application for the consulship, all that zealous cooperation, and all those kind offices, which our intimate friendship demanded." 2. A mc defuit. "Was wanting on my part."-Gratioso. man of influence in the state." An influential person. ¦ "A 3. Mutata ratio est. "The aspect of affairs is changed." The change commenced with the defeat of Sulpicius, and the elevation of Murena to the consulship. 4. Sic existimo, &c. "This is now my opinion, of this I am now persuaded."-Contra honorem. "Against the advancement," i. e. clection to the consulship.-Contra salutem. Against his personal rights." Consult note 2, page 96. 5. Cum Murenam, &c. "When you are attacking Murena him- self." Peto is now employed in a gladiatorial sense, "to aim a blow (C L. MURENA. 375 Page. at another," "to make a thrust," "to attack." Petere consulatum 99 is merely to sue for the consulship." By the same rule."-Etiam alienissimos. 66 6. Eodem pacto. "Even total strangers. 29 7. In capitis dimicatione. "In a case where all his civil rights are at stake.” Compare note 2, page 96.—Capitis. The term caput is here used in its legal sense, and refers to the civil condition, liberty, personal privileges, &c., of an individual. Compare Ernesti (Clav. Cic. s. v.): "Caput dicitur pro hominis statu, libertatis et civitatis jure," &c. So, in the language of the Roman law, any loss of liberty or of the rights of citizens was called “ diminutio capitis.” 8. Non idcirco obruetur. "Shall not for this reason be over- come." Literally, "be crushed," or "overwhelmed." Compare Manutius: "Non idcirco amico nullum fructum feret."-Quod ab codem, &c. Because it was triumphed over by the same indi- vidual in a mere contest for office." In the contest for the consul- ship Cicero gave his interest to Sulpicius against Murena. 9. Quae si causa non esset, &c. "And even if this motive did not exist, still, either the high rank of the man himself, or the ele- vated nature of the office which he has obtained, would have branded me with the deepest stigma of pride and of cruelty, if I had refused to undertake the cause of one, most distinguished both for his own merits, and for the honours conferred upon him by the Roman people, when it was fraught with so much danger to his welfare."-The motive alluded to at the beginning of this sentence is his friendship with Murena. J 10. Neque est mihi integrum. "Nor is it wholly within my power."-Ut meum laborem, &c. "To refuse to impart my strenuous aid towards lightening the dangers of my fellow- men." 11. Pracmia tanta. The various offices which had been be- stowed upon him, and especially the last and highest of them, the consulship.-Pro hac industria. "For my active exertions in this behalf," i. e. in defending others. 12. Labores, per quos, &c. "To discontinue the efforts by which you have obtained these rewards, when once you have made them your own, would be the part of both a cunning and an un- grateful man.”—Astuti. Because his motive, in defending and aid- ing others, would have been the mere wish of ultimately benefiting himself by becoming popular; a motive craftily concealed, however, until his object was accomplished.-Ingrati. Because he ought to show his gratitude in fresh efforts for the good of those who have raised him to office. 376 ORATION FOR J Page. "If however."-Te auctore. (( 99 13. Quod si. By your own advice." More literally, "you being the author (i. e. advi- ser) of the step."-Nulla turpitudo. "No disgraceful imputation." 14. Improbitatem. "A total want of principle." More literally, "worthlessness."-Coarguit. Clearly argues." 15. De tuo ipsius studio. "From your own pursuits," i. e. from your own professional conduct; from your own way of acting at the bar. (C 17 16. Etiam adversariis, &c. "To give advice even to the ad- versaries of your friends, when consulting you on a point of law.' Respondere is the technical term applied to the giving of advice on the part of the Roman juris-consult. Thus, Cic. de clar. Oral. c. 30: "Rutilius magnum munus de jure respondendi sustinebat.” Hence the term responsa prudentum applied to the opinions given by the members of the Roman bar. Consult Instit. Just. 1. 1, tit. 2: "Nam cum velercs leges regiae," &c. 100 1. Et si turpe existimas, &c. "And if you think it discredita- ble to you, in such a case, for the very individual himself against whom you have now appeared, to lose his cause." Cicero, after stating that Sulpicius, in common with the other lawyers of the day, deemed it perfectly proper to give advice even to the adversaries of their friends, puts the following case : A person has a dispute with one of the friends of Sulpicius, and thereupon comes to the latter, states the nature of the controversy, and obtains his professional advice. The friend then waits upon Sulpicius, and requests him to appear as his advocate on the trial of this very point. Will not Sul- picius, on that trial, feel his self-love seriously wounded, if the op- posite party, to whom he had given advice in this very same case, and who, acting on that advice, has defended the case, be defeated and lose his cause ?-We have given the explanation of Ferratius, which seems much more in unison with the context than that of Ernesti. The latter understands alio tempore after veneris, and makes the meaning to be this: "If you deem it discreditable, when you appear for one, against whom you have plead on a previous oc- casion, that this individual should lose his cause," i. e. that you should not exert yourself now in his behalf, merely because you ap- peared against him before this. 2. Te advocato. By advocatus appears to be meant here, not one who takes part in the actual pleading of a cause, but who stands by and aids another by his advice and presence. Compare the ex- planation of Asconius, as given under note 15, page 97. 3. Causa cadere. A legal expression for losing a cause, used here in a general sense; although, in its special acceptation, it L. MURENA. 377 Page. applies rather to the loss of a case through some failure in the form 100 of proceeding; what we call in English a non-suit. Compare Cic. de Invent. 2, 19: "Ita jus civile habemus constitutum, ul causa cadat is, qui non, quemadmodum oportet, egerit.” 64 5. Tua familiaritas. 4. Tui fontes. The rich springs of your legal wisdom." Com- pare note 20, page 98.-Nostros rivulos. "That our scanty rills." My long acquaintance with you," i. e. the friendship I entertain for you. The possessive pronoun is here used in what the grammarians call its passive sense. The active meaning of tua familiaritas would be, "your long acquaintance with me," or "your friendship towards me." Consult Sanct. Minero. 2, 13, p. 331, vol. 1, ed. Bauer. 6. Ab hac causa removisset. "Had induced me to decline this cause."-Q. Hortensio, M. Crasso. These two individuals were associated with Cicero in the management of the defence.-A quib- us, &c. By whom, I well know, your esteem is highly prized," i. e. who I well know set a high value upon your friendship, and would make great sacrifices to preserve it. "" • 7. Infimo. "Even among the lowest of the people." 8. Nefarium. "A wicked man." A violator of the holy law of friendship. 9. Quod dandum est amicitiae, &c. "Whatever is to be granted to the claims of friendship, shall be liberally conceded by me; so that I will deal with you, Servius, in the same way as if my own brother, who is most dear to me, occupied the position which you now do," i. e. as if my own brother, and not you, were Murena's accuser. Cicero means, that, in the management of the present case, he will make the same allowance for the claims of friendship, on the part of Sulpicius, as if the latter were his own brother Quin- tus, to whom he was most tenderly attached. 10. Isto in loco. Literally, "in the situation in which you now are," " i. e. an accuser of Murena. The student will note the force of iste here. A want of attention to the peculiar meaning of this pronoun has led Manutius into the error of supposing, that the phrase isto in loco is here equivalent to in hac dignitate consulari. 11. Quod tribuendum est, &c. "Whatever, on the other hand, is to be yielded by me to the claims of duty, of honour, of religion, this I will regulate in such a way, as to bear in mind that I am pleading for the safety of one friend against the hot attack of another." Literally, "in behalf of the danger of one friend." 12. Religioni. Because Cicero had implored the favour of heaven towards Murena and his colleague Silanus, on the day of the comitia. Compare note 12, page 97. 32* 378 ORATION for Page. 100 13. Intelligo, judices, &c. "I perceive, judges, that there have been three heads to the entire accusation, and that one of these has been taken up with the censure of his private life, the second with contesting his claim as a fit candidate for the consulship, the third with the charge of bribery."-By dignitas is here meant personal merit or worth, and by contentio dignitatis a disputing of the claim. of Murena to the consulship, on the ground of his not possessing sufficient personal merit for that elevated station. Under this head of personal merit the question of family is also brought in. 14. Quae gravissima, &c. "Which ought to have been the weightiest," i. e. ought to have been managed in such a way as naturally to form the heaviest and gravest charge against him. 15. Ita fuit infirma el levis, &c. "Has proved so weak and frivolous a one, that some established practice on the part of accu- sers, rather than any real grounds for imputing criminality, has com- pelled them to say something about the life of Licinius Murena." -By lex accusatoria is meant, an established practice, on the part of accusers, to impute to the accused an ill-spent and dissolute life. -Maledicendi facultas. Any grounds for establishing real crimi- nality. 16. Objecta est enim Asia. "Asia namely has been made a source of reproach to him." The particle cnim is here employed in the sense of nempe, like the inchoative yàp in Greek. (Compare Hoogeveen, Part. Gracc. p. 88, ed Schütz.)—Asia. The Romans regarded Asia as the source whence all their luxury originated. Compare Livy, 39, 6: "Luxuriae enim peregrinae origo ab exer- citu Asiatico invecta in urbem est: ii primum lectos aeratos, vestem stragulam pretiosam, plagulas, et alia textilia, et, quae tum magni- ficae supellectilis habebantur, monopodia et abacos Romam advcxe- runt," &c. 17. Non ad voluptatem et luxuriam. "Not for purposes of pleasure and debauchery."-In militari labore. He was serving under his father L. Murena, who had been left by Sylla in command of the Asiatic forces. 18. Qui si adolescens, &c. Now, had he, when a young man, not performed military service, his father being at the time com- mander there." (L 19. An, cum sedere, &c. "When the sons of those commanders that triumph, who still wear the praetexta, are accustomed in par- ticular to sit on the horses which draw the car, was this one to avoid adorning the triumph of his father with his own military trophies ?"-The triumphant general's children sat with him in the car. His sons who wore the praetexta rode on the horses drawing L. MURENA. 379 Page. it, or followed on other horses. The praetexta was worn by the100 Roman youth till the age of 17, when the toga virilis, or manly gown, was assumed. 20. Huic donis militaribus, &c. The meaning of this is, was not Murena to perform military service under his father in Asia, in order that, by distinguishing himself there, he might, on his return home, grace the triumph of his parents by displaying the military rewards he himself had received? This, of course, is meant as an answer to the charge of his having been in Asia. It was the very country where he ought to have been at the time. 21. Et si habet Asia, &c. "And since Asia carries with it a certain suspicion of dissolute living, not his having never seen Asia, but his having lived temperately in Asia must be made a source of praise to him." 1. Sed aliquod aut in Asia, &c. "But some flagrant and dis- 101 graceful vice, either contracted by him in Asia, or introduced by others from that country," i. e. either some vice which he himself had contracted while living in Asia, or one of Asiatic origin, brought to Rome by some other individual, and contracted by Murena at the latter place. 2. Meruisse stipendia. "To have performed military service." The literal meaning of mercre stipendia is "to earn pay."-In eo bello. The Mithridatic war.-Virtutis. "Was a proof of his cour- age." 3. Pietatis. "Of his filial piety." Shown as well by his cheer- fulness in serving under his parent as by his that parent's glory.-Finem stipendiorum. his service." wish to contribute to "The termination of "Has pre-oc- 4. Maledicto. "For censure."-Occupavit. cupied." 5. Saltatorem. Dancing was regarded as disgraceful by the Ro- mans. It was the dancing, however, which had found its way from the stage into convivial circles that was justly condemned, and not every species. For the Romans had their sacred or religious dances, with which of course no fault was found. planation of Graevius: "Saltator hic est histrio. vis saltatio Romae turpis erat et probrosa, sed histrionica et mol- lior." With the Greeks a different usage prevailed. Consult the remarks of Cornelius Nepos, in his preface, and also the first chapter of his life of Epaminondas. Compare the ex- Non enim quac- 6. Maledictum, si vere objicitur, &c. "This, if it be truly object- ed unto him, is the charge of an angry accuser; but, if falsely, of a slanderous calumniator." In either case, therefore, Cato ought not 380 ORATION FOR Page. 101to utter this reproach against Murena, since an angry feeling is as in- consistent with the character of a sage, as a disregard for the truth. 7. Quare cum isla, &c. Wherefore, since you are a person of such weight of character, you ought not, Marcus Cato, to snatch a calumny from the lips of the rabble, or from some carousal of buffoons, and rashly to call a consul of the Roman people a dancer," i. e. since your authority carries so much influence with it, you ought to be careful what charges you bring against others, especially against those in elevated stations. 8. Ex trivio. By trivium is literally meant a place where three ways meet, and where all manner of idlers and low persons are ac- customed to congregate. It is then taken, as in the present instance, to denote this class of persons themselves, or in other words, the rabble, the lowest vulgar. 9. Scurrarum. By scurra is meant a buffoon, a scoffer, a jester, one who, for the sake of exciting merriment, cares not what he either gays or does, and who is particularly fond of raising a laugh at the expense of others, by some coarse slander. Verrius Flaccus derives the term "a sequendo,” (scurra, quasi sccurra,) and makes its prim- itive meaning to be "a parasite," or one who "follows" in the train of a rich person, to amuse him by his buffoonery. Festus ridicules this etymology very properly. (Fest. de verb. sign. p. 240, ed. Lind.) The word appears rather to be of the same family with the German LL scherzen," "to rail at," "to jeer," &c. 10. Convivio. The common text has convicio, which Lambinus first altered, on conjecture, to convivio. This latter reading is adopted by Ernesti and Scheller. 11. Neque in convivio moderato atque honesto. "Nor at a well- "Dan- regulated and becoming repast."-Tempestivi convivii, &c. cing is the last companion of the revels of the table, of a place de- voted to pleasure, of much enjoyment," i. e. is the last act in a de- bauch, in a place where every thing breathes of pleasure, &c.-By tempestivum convivium, (literally, an unseasonable banquet,") is meant an entertainment which commenced earlier than the ordinary hour, and was protracted until a much later one than usual. Com- pare note 22, page 52. "C 12. Tu mihi arripis id, &c. "You eagerly catch at that, which," &c. Mihi is here elegantly redundant, unless we render it by a species of paraphrase : in order to thwart my intended defence," or else something analogous. 13. Relinquis illa, &c. "You leave those things unnoticed," &c., i. e. you are silent about other moral blemishes.-Cicero means, that no other moral failings are spoken of by his opponents, as ex L. MURENA. 381 Page. isting in the character of Murena; whereas dancing would imply, 101 of course, an indulgence in many other excesses, and could not, in fact, exist without them. 14. Nullum turpe convivium, &c. "No disgraceful banqueting, no amours, no revelling, no lewdness, no extravagant expenditure is pointed out."—As regards comissatio consult note 11, page 16. 15. Quac voluptatis nomen habent, &c. Which bear the very name of pleasure, and are actual vices," i. e. which stand forth to the world with the name and character of reprehensible pleas- ures. 16. Umbram luxuriae. "The unbidden companion of debauch- cry." Among the Romans, an uninvited guest, who accompanied another, generally some distinguished personage, to a feast, was called his "umòra." (Compare Horat. Sat. 2, 8, 21.) The term is here forcibly applied to dancing, which is always, according to the Roman way of thinking, sure to follow, as an uninvited guest, in the train of debauchery. Compare Ernesti, (Clav. Cic. s. v.): "Umbra, comes: Muren. 6: Saltatio est umbra luxuriae.” 17. Nullum petulans dictum. "No lascivious expression." In the common text, the words in vita follow; but they are out of place here, and seem to have originated from in vitum. Ernesti re- tains them in his text, but condemns them in a note. Beck encloses them within brackets. We have rejected them with Schütz. 1. Quo constituto. "This point being established," i. e. the 102 charge against the private life of Murena, having been thus dis- proved. 2. Summam dignitatem generis, &c. "The highest degree of personal merit, founded on birth, integrity, the active exercise of talent, and all those other accomplishments, relying on which it is right for you to aspire to an application for the consulship." 3. Contempsisti. "You have treated with contempt." Referring to the manner in which Sulpicius, in the course of his remarks, had sought to depreciate the origin of Murena. 4. Quo loco, &c. "If in handling this topic you take it upon yourself to assert."-Aventinum. Cicero refers here to the first secession of the people, which, according to Piso, an earlier historian than Livy, and who is cited by the latter, (2, 32,) was made to the Aventine hill, and not to Mons Sacer. 5. Sin autem, &c. "But if, on the contrary, there are distin- guished and honourable families of plebeian origin, then both the great-grandfather," &c. This is the same as saying in our own idiom: "But there are, on the contrary, distinguished and honour- able plebeian families, for, both the great-grandfather," &c. * 382 ORATION FOR Page. 102 6. Proavus. P. Licinius Murena, who was praetor A. U. C. Of the same name with the preceding, and praetor 596.-Avus. A. U. C. 640. 7. Ex praetura. "In his praetorship." He triumphed for suc- cesses over Mithridates. 8. Patri debitus. He had gone through all the subordinate offices, and only stopped short at the consulship, for which he had the fairest claim for services rendered his country.-Filio. The Murena who was accused on the present occasion. 9. Hominibus literatis et historicis. "To literary men and historians." Sulpicius traced back his origin to Servius Sulpicius, who was consul in the tenth year after the expulsion of the kings. A. U. C. 253. Compare Cic. Brut. 16; and Sigonius, Fast. Cons. p. 23, ed. Oxon.-Populo et suffragatoribus obscurior. "Is less familiar to the people and voters at elections." Cicero means, that the intermediate Sulpicii, from the founder of the line downward, especially those of more recent times, had not signalized themselves in such a way as to be brought in a very marked manner before the notice of the people. 10. Fuit equestri loco. From this we see that a patrician might remain an eques.-Nulla illustri laude. "For no illustrious action." Laus is here put for an action deserving of praise. Compare Ernesti, (Clav. Cic. s. v.): "Laus, pro rebus laude dignis." 11. Ex annalium vetustate. Referring to the early date of that ancestor of his who was regarded as the founder of the line. Com- pare note 9. 12. Q. Pompeio. Q. Pompeius Nepos, who, though of plebeian origin, attained nevertheless to the highest honours in the state. Consult Historical Index. 13. M. Aemilio. M. Aemilius Scaurus, who was consul A. U. C. 638, and a second time A. U. C. 646. Consult Historical Index. 14. Ejusdem animi atque ingenii est. "It requires the same degree of spirit and of talent.” 15. Quam non acceperat. Plutarch says, that he was thought to have been the son of a flute-player. (Apophthegm. p. 200, vol. 6, p. 755, ed. Reiske.)—Memoriam prope intermortuam, &c. "To revive by his own merit the almost extinct remem- brance of his line. Compare Asconius, in Or. pro Scaur. 16. Meo labore esse perfectum. "That it had been brought about by my exertions," i. e. that I a man of humble origin, had proved of so much service to my country, as to cause low birth to be no longer regarded as a barrier to the consulship. L. MURENA. 383 17. Qui non modo Curiis, &c. "Who remained notwithstand-102 ing neglected, even though they recounted not only the instances of the Curii, the Catos, the Pompeii, those worthies of former days, men of the greatest valour, yet of lowly origin, but even these ex- amples of recent times, the Marii, and Didii, and Caelii," i. e. who were nevertheless excluded from the consulship, on account of their humble origin, or else discouraged from applying for it, although they could point to many bright instances in the past and present history of their country, where men of humble birth had, by reason of signal merit, been advanced to the highest office in the state. Page. 18. Curiis, Calonibus, Pompeiis. The plural is here used to give emphasis to the sentence. Curius Dentatus, Cato the censor, and Quintus Pompeius, are meant; and, in the succeeding part of the sentence, Caius Marius, T. Didius, C. Caelius Caldus.-Manu- tius makes a difficulty here by imagining that Cicero means the Quintus Pompeius, surnamed Rufus, who was consul, A. U. C. 665, during the youth of the orator, and who could not well, there- fore, be ranked among the " antiqui," when Marius, Didius and Caelius are styled "recentes ;" and he thinks that for Pompeiis we should read Appiis. Cicero, however, refers, not to Pompeius Rufus, but to Pompeius Nepos. Compare Ernesti and Schütz, ad loc. 5 1. Jacebant. As regards the peculiar force of this verb in the 103 present sentence, compare the remark of Ernesti, (Clav. Cic. s. v.): "Jacere dicuntur qui minus gratiosi sunt. Imprimis autem, qui nullam spem magistratus consequendi habent, cum candidati sint, aut, eam ipsam ob causam, quia nihil sperant, ne petunt quid- em. {{ 2. Tanto intervallo. "After so long an interval." Compare Sallust, B. C. 23: Namque antea pleraque nobilitas invidia acstuabat, et quasi pollui consulatum credebant, si cum, quamvis egregius, homo novus adeptus foret." 3. Claustra ista nobilitatis. "Those barriers of nobility," i. e. those barriers so carefully guarded by patrician pride.-Ista here denotes contempt, with a covert reference also to the prejudices of his opponent those barriers of nobility which you would again seek to make an obstacle in the path of Murena. 4. Ex familia vetere et illustri. The family of Murena, although plebeian in origin, was nevertheless an old and distinguished one.--- Ab equitis Romani filio. Compare note 15, page 43. 5. Duobus patriciis. L. Sergius Catilina and P. Sulpicius Galba. -Modestissimo atque optimo viro. "A man of the utmost modesty and probity." Asconius (Arg. Orat. contra compet.) calls him, “vir sobrius sanctusque.” 384 ORATION FOR Page. (L 103 6. Dignitate. "In personal merit."-Gratia. "In influence," i. e. in favour with the people. The allusion is to that influence which antiquity of family had hitherto claimed as its peculiar right. 7. Quod si id crimen, &c. Now, if this ought to have been alleged as a crime against a man of humble birth, undoubtedly on that occasion, neither enemies nor envious persons would have been wanting to urge it against me."-The pronoun id refers here to success in gaining the consulship; and the strong meaning to be attached to crimen derives elucidation from the language of Sallust, referred to in a previous note: "et quasi pollui consulatum crede- bant." 8. Cujus cst magna in utroque dignitas. "Of which there is a large and distinguished share in each." The Licinian family, al- though of plebeian origin, is here placed on a full equality with the line of the Sulpicii. 9. Quaesturam una petiit, &c. These words are supposed to be spoken by Sulpicius.-Cicero adverts here to another allegation on the part of the latter, namely that he was declared quaestor be- fore Murena, that is, preceded him in the order of election. "He sought the quaestorship along with me, and I was declared before him." The order of precedence among the successful candidates was regulated by the number of votes which each received; and Sulpicius seeks to make this a proof of his superiority, in point of personal merit, to Murena, because when they both were elected quaestors, the majority of Sulpicius was greater than that of the other. 10. Non est respondendum ad omnia. "There is no need of answering every objection," i. e. there is no need of going into a long discussion respecting every objection which an opponent may see fit to raise. Some objections answer themselves; and this is one of them. 11. Cum multi, &c. "That when there are many candidates equal in point of merit, and only one of them can obtain the first rank, the order of merit and of announcement is not the same," &c. i. e. in announcing the names of the successful competitors, some one of them must of course be named first, and the rest must follow in a certain order, but this is no proof of relative merit.-There is more in the argument of Sulpicius than Cicero is willing to admit. A greater number of votes given for one candidate than for another, even when both succeed to office, must be regarded as some proof of the possession of superior merit in the eyes of those who give those votes. Cicero, it is true, supposes the candidates to be all equal in point of merit, “pares dignitate," but this is begging the L. MURENA. 385 Page. question, for it is the very thing to be proved. Besides, he himself, 103 when speaking of his own case, attaches, as may well be imagined, a great deal more of importance to the fact, of his having been de- clared quaestor one of the first, first aedile, and first praetor. Compare Or. in Pis. c. 1: " Me quum quaestorem in primis, aedi- lem priorem, praetorem primum cunctis suffragiis populus Roma- nus faciebat; homini ille honorem, non generi, &c., deferebat.”. The student will observe, that it is aedilem priorem in the passage just quoted, because there were only two aediles, but in our text it is quaestor prior merely with reference to Sulpicius and Murena, because the number of quaestors at the time was quite large, and if Sulpicius had stood at the head of all, he would have been called quaestor primus. 12. Sed quaestura, &c. “But, in truth, the quaestorship allotted to each of you, was almost equally unimportant.' Literally, "the quaestorship of each was almost of equal importance in point of lot." The provinces, or duties of the quaestors, were assigned to them by lot, and Murena and Sulpicius drew two of the most insignificant. 13. Lege Titia. "Under the Titian law," i. e. by the oper- ation of this law. The Lex Titia (proposed by the tribune Titius, A. U. C. 448) ordained that the existing number of quaestors should be doubled, and that they should determine their provinces by lot. By the operation of this law, Murena obtained an unimportant province, in which he had no chance of distinguishing himself. By the operation of the same law (i. e. by being compelled to run his chance in drawing lots) Servius obtained a province equally insigni- ficant. "}} 14. Tu illam, &c. "You that one, at which, when the quaes- tors are allotted to the different provinces, a shout of ridicule is even accustomed to be raised." The unlucky quaestor who drew this province, for his sphere of operations, was exposed to the laughter of those who stood around. 15. Ostiensem, &c. "The province namely of Ostia, not so much productive of influence, or conferring distinction, as full of toil and trouble.” The burdensome nature of this province appears to have arisen from the circumstance of Ostia's being a much fre quented sea-port, and also from the salt-works in its vicinity (Com pare Graevius ad loc.) Ernesti assigns a different explanation, which we cannot, of course, mention here. Consult Clav. Cic. s. v. Aquarius. 16. Consedit. "Settled down from public view," i. e. passed not the bounds of the quaestorship. 17. In quo excurrere, &c. "In which your merit might speed 33 386 ORATION FOR : Page. 103 forth and become known." A metaphor borrowed from chariot- races. 18. Reliqui temporis spatium, &c. "The period of time re- maining after this is next made a subject of comparison," i. e. the mode in which you have each passed your time since the expira- tion of your respective quaestorships. 19. Hanc urbanam militiam, &c. "This city warfare of an- swering legal questions, of drawing up writings, of protecting the interests of clients, full of perplexity and vexation." We have here, arranged under three heads, all the duties of a Roman lawyer, and the whole is pleasantly called urbana militia, in contra- distinction to the real warfare in which Murena is engaged.-Re- spondendi. Consult note 16, page 99.-Scribendi. This refers to the drawing up of contracts, articles of agreement, &c.—Cavendi. The reference here is to advice generally: how a case is to be ar- ranged, an agreement to be made, &c. Compare Ernesti, (Clav. Cic. s. v.): Caveo de jureconsultis dicitur, cum litigantibus aut aliquid contrahentibus, sive verbo sive scripto, ostendunt, quomodo lis instruenda, resque contrahenda sit, ne causa cadant, aut decipi- antur."-It must be borne in mind, that Cicero refers in the text, to the Roman lawyer or jurisconsult, in the strict sense of the term, as distinct from the orator, or pleader in the courts, Sulpicius being ranked under the former class. 20. Difficultatem exsorbuit. "He patiently encountered every difficulty." The literal meaning of this phrase is coarse, but ex pressive. "He gulped down every difficulty," and made the best of it. 104 1. In ea scientia. "In that branch of knowledge." Alluding to the civil or Roman law. His father 2. Legatus L. Lucullo fuit. In the Mithridatic war. had been a lieutenant of Sylla's in the same war.— Qua in legatione. "C During which lieutenancy." 3. Signa contulit; manum conseruit. "He engaged; he fought hand to hand with the foe." Manum conserere refers here to the personal prowess of Murena.-Signa conferre is merely "to en- gage," "to join battle," but manum conserere, "to come to close quarters," ""to fight hand to hand," &c. Compare the Greek form of expression, μιγνύναι τὰς χεῖρας. 4. Asiam istam refertam, &c. "That Asia of yours, crowded with riches, and the abode of voluptuousness." The pronoun ista has here its usual force that Asia which you make a source of re- proach to him, and about his conduct in which you are continually declaiming. L. MURENA 387 Page. 5. Sic est versatus. "He so conducted himself. "Literally, "he 104 was so employed." 6. Concessam licentiam fingendi. " "The privilege allowed us of uttering mere fictions," i. e. of exaggerating the services of Mu- rena. Publicis literis. By the despatches of that commander." 7. Summa in utroque, &c. "There is, then, in each the highest reputation, the greatest personal merit; which, if Servius shall allow me so to do, I will consider entitled to equal and similar praise. But no such thing is allowed me. He makes a brisk attack on the military art, he inveighs against," &c. 8. Esse. "Belongs as a matter of course." 9. Miki. The pronoun is here merely idiomatical, and not to be translated. Unless, indeed, we paraphrase it, as in a previous in- stance. (Note 12, page 101.) It may be then considered as some- what analogous perhaps to our ordinary expression, "Hark ye, my friend." 10. Forum non attigeris? "Did you all that while not set foot in the forum?"-Cum iis, qui in foro, &c. "Are you going to contend in point of personal merit with those who have made their very dwellings in the forum ?" 11. Positam in oculis esse gratiam. "That the favour, which my conduct had won, was constantly before the eyes of my country- men." And, therefore, they endured the more patiently my appear- ing so often before them. 12. Mei satietalem. “The satiety arising from my daily appear- ance." This, of course, is what commentators call oratorie dictum, and by no means a copy of Cicero's secret thoughts.-Magno meo labore. "By great exertions on my part.' 13. Desiderium. "Occasional absence." Literally, "the want of us," at times. 14. Ad studiorum atque artium contentionem. "To the com- parison between your respective habits and professions." Studia is here equivalent to mores. Compare Corn. Nep. Vit. Alcib. 11, 3: "Postquam inde expulsus Thebas venerit, adeo studiis eorum inservisse," &c., and Fischer, Ind. in Nep. s. v. 15. Qui. "How." Old ablative form for quo. More correctly speaking, qui is the regular ablative from quis, like miti from mitis, or tali from talis. Consult the remarks of Perizonius, ad Sanct. Min. 3, 14.-Vol. 1, p. 700, ed. Bauer. 16. Multo plus dignitatis. “A much stronger claim." Dignitas is here a claim founded upon personal worth or merit.-Vigilas tu de nocte, &c. An amusing comparison now follows between the Lawyer and the soldier, purposely to the disadvantage of the former. 388 ORATION FOR Page. 104 By the lawyer is here again meant the jurisconsult, in the strict sense of the term. 17. Gallorum. The Roman professional men rose at an early hour, to be ready for their clients and dependants who were very early in attendance. (Compare Horat. Sat. 1, 1, 9.) So the levees of the magistrates were held at an early period of the morning. Sallust B. C. c. 28. 105 1. Buccinarum. The trumpet called buccina was used for chan- ging the watches. Hence the propriety of the term, on the present occasion, to denote early rising at the commencement of the morn- ing watch, or three o'clock. The night was divided into four watches of three hours each. The first watch commenced at six o'clock in the evening, according to our enumeration of time. 2. Tu actionem instituis. "You arrange the form of proceeding in a case. Compare, as regards the meaning of actio, in this pas- sage, the explanation of Ernesti, Clav. Cic. s. v. "Actio est for- mula, qua actor utitur in intendenda reo lite, quae a jureconsultis fere petebatur." It is analagous to what we call, at the present day, the "pleadings" in a case, that is, the carrying a case on, in accordance with technical written forms, until it is ready for trial. 3. Ne tui consultores. "Lest they who ask your advice be taken in by others." Understand capiantur.-Capiantur. "Be taken by the foe." "" 4. Ille tenet et scit, &c. "He understands and well knows how the forces of the enemy, you how rains, may be prevented from doing harm." The reference, in the words aquae pluviae, is to the ancient action, “de aqua pluvia arcenda," mentioned in the Digests, (lib. 39, tit. 3. § 1, segg.): “Si cui aqua pluvia damnum dabit, actione aquae pluviae arcendae avertetur aqua." By aqua pluvia, in this species of action, the Roman lawyers meant either the water produced by heavy rains, or other water swelled by rains. Thus Ulpian remarks: "Aquam pluviam dicimus, quae de coelo cadit, atque imbre excrescit; sive per se haec coelestis noceat, ut Tubero ait, sive cum alia mixta sit." The action lay, when one, by erec- tions or works of any kind, altered the course of such water, or made it flow more rapidly, or caused it to rise by compressing it within narrower limits, from all which things danger was appre- hended by those dwelling in the neighbourhood, and the person who did this could be stopped in his movements. The action also lay when actual damage had been done: as, for example, when one constructed an embankment to keep out the waters of a neighbouring fen from his grounds, and the waters of this fen, being afterward swelled by rain, and unable to follow their old direction by reason L. MURENA. 389 Page. of the embankment, spread in an opposite course and injured the105 fields of a neighbour. (Neratius, as cited by Ulpian ad. loc.- Compare Cic. Topic. c. 9.) 5. Exercitatur. The common text has exercitatus est, but exer- citatur, which suits the context much better, is given by Quintilian (9, 3, 32) who cites the present passage from Ille tenet to regendis ; and it is also found in several MSS., and early editions. 6. In propagandis finibus. In enlarging the boundaries of our empire." Literally, "in carrying forward." 7. In regendis. "In regulating those of some field,” i. e. in an action brought about the boundary line of some piece of ground. The contrast here, between the operations of Murena and Sulpicius, is extremely amusing, and must have been most mortifying to the notions of self-importance entertained by the latter. 8. Rei militaris virtus, &c. "The excellence of the military art surpasses that of every other." 9. Et haec forensis laus, &c. "And this our reputation and assiduity, at the bar, lie sheltered beneath the protection and secu- rity which martial prowess affords." (C / 10. Simul atque increpuit, &c. "As soon as the least suspicion of any public commotion has arisen." Literally, "has sounded forth." Tumultus appears to be taken here in a somewhat more general meaning than its ordinary one. The signification which this term usually has is explained in a previous part of this volume. Compare note 9, page 25." 11. Artes nostrae. Eloquence and legal science. 12. Et, quoniam, &c. "And, since you seem to me to fondle that science of the law, as if it were a little daughter of yours.' Compare the explanation given to osculari by Ernesti, Clav. Cic. S. V.: Osculari, nimis magni facere, amare." M >> 13. Istud nescio quid. "That, I know not what," i. e. that something or other, that really very unimportant matter. Compare note 21, page 63. The reference is to dry, technical law-know- ledge. 14. Continentia, gravitate, justitia, fide. The common text has these all as genitives, continentiae, gravitatis, justitiae, fidei. We have made the alteration, with Schütz, after the suggestion of Lam- binus. In the common reading, ceteris omnibus comes in very awkwardly, to say nothing of the inelegant form of expression in virtutibus continentiae, &c. C 15. Quod quidem jus civile didicisti, &c. "As to your having learnt, indeed, the civil law, I will not say you have lost your labour in so doing." 33* 390 ORATION FOR Page. 105 16. In illa disciplina. "In that branch of knowledge." Disci- plina is here equivalent to doctrina. Compare the language of Cicero, in speaking of Archimedes (in Verr. 4, 58): "Archimedem illum, summo ingenio hominem et disciplina," i. e. a man of the greatest talent and knowledge. 17. Munitam. "Sure." By munita via is meant a path guarded from all inroad or interruption from without, and free from all obsta- cles and impediments within, i. e. a way that leads with certainty to some object. 18. El admirabilem, &c. "Both a dignity calculated to excite the admiration of others, and a utility that will call forth their warmest gratitude." 19. Quae sunt in imperio, et in statu civitatis. "That are con- nected with our empire abroad, and with the condition of our gov- ernment at home," i. e. both our foreign conquests and our civil institutions. 66 20. Consilio et periculo. By their wise counsels and the dan- gers which they encounter," i. e. by their wisdom and valour. Con- silio embraces both advice given at home, and the skilful manage- ment of operations abroad. 21. Quae. Ernesti says that the words posse consilio, &c., do not harmonize well, in point of construction, with what precedes, and he therefore thinks that quae ought to be struck out. The whole difficulty, however, is easily obviated by considering the clause from quae to deligendo as parenthetical, and we have accord- ingly inserted the marks of parenthesis.-Posse permovere, &c. "To be able, namely, to move with powerful effect," &c. 22. Tribunicios furores. "The madness of the tribunes." The tribunes of the commons, as the leaders of the popular, or demo- cratic, party, were almost constantly at variance with the patricians, and, in the heat of these collisions, often proceeded to the most extravagant lengths. It was for the consuls, as the organ of the government at large, and the representatives in feeling, most com- monly, of the aristocratic party, to curb these wild excesses. 23. Qui largitioni resistat. "To check the current of corrup- The same as homines novi. tion."-Homines non nobiles. 106 1. Plurimas gratias, &c. "The most extensive influence, the firmest friendships, the warmest feelings in our behalf.” Gratias here refers to those who are under obligations for favours received, and studia to well-wishers generally. Isto 2. In isto vestro artificio. "In that poor art of yours." here conveys a disparaging idea. Vestro refers to the whole body of jurisconsults to which Sulpicius belonged. L. MURENA. 391 Page. 3. In tam tenui scientia. "In so frivolous a science." Literally, 106 "so weak," or "feeble." 4. Res enim sunt parvae, &c. "For the subjects connected with it are insignificant in their nature, being almost wholly confined to single letters and the punctuation between words," i. e. the punctuation of sentences.-Occupatae, literally, "taken up with." Cicero refers in this passage to the technical minutiae of the legal forms of the day. The special pleading, and the technicalities of our own times, are almost precisely analogous. 5. Enuntiatis vestris mysteriis. "Now that your mysteries are divulged." This is explained immediately after: Posset agi lege, &c.-Totum est contemptum et abjectum. "Is become altogether contemned and degraded,” i. e. has fallen into utter contempt and disgrace. 6. Posset agi lege, necne. Whether they could go to law, or not." Literally, "whether it could be gone to law by them," &c. Agere lege is "to go to law, i. e. to act in accordance with the law permitting an action or suit to be brought. Compare the ex- planation of Ernesti, (Clav. Cic. s. v.): "Lege agere, i. e. ex lege permittente lege accusare vel petere."-The student will bear in mind, that the meaning in this passage is, not that few persons formerly knew whether they had a good cause of action or not, but on what day they could bring their suit, certain days being set apart, on which alone law-proceedings could take place, and these days being known only to the lawyers, who kept them purposely con- cealed, in order to make their clients entirely dependant upon them. calendar." 64 7. Fastos enim vulgo non habebant. "For they had no public Literally, no calendar common to all," i. e. which any one might consult. The Fasti, or Calendar, contained the days of each month, with a particular mark designating those on which it was lawful (fas) for the praetor to hold court. Hence these days were called dies fasti, and hence also the name fasti given to the calendar itself, since from this circumstance it originally derived all its value. The appellation always continued to be given to it, although it eventually became a record rather of sacred than of legal days.-The Pontifex Maximus and his colleague had the care of the calendar, and an acquaintance with its contents was for a long time confined to the priests and patricians, the former being all of that order. The early lawyers, being also patricians, were of course, well versed in the whole subject. 8. Tamquam a Chaldacis. The lawyers, who were consulted by people respecting the proper days for commencing lawsuits, are here humorously compared to Chaldaean astrologers, who calcula- 392 ¿ ORATION FOR Page. 106 ted nativities, and pretended to be acquainted with lucky and un- lucky days. 9. Cn. Flavius. The son of a freedman, and the scribe or clerk of Appius Claudus Caecus, a lawyer of the day. The latter had arranged in writing the days proper for commencing actions, and Flavius stole or copied the book, and published it, A. U. C. 440. In return for this favour, he was made curule aedile by the people, and afterward praetor. The book was called from him Jus Civile Flavianum. (Liv. 9, 46.-Cic. de Orat. 1, 41.-Digest. 1, 2, 2.) 10. Qui cornicum oculos confixerit. "Who is said to have trick- ed these knowing ones. Literally, "who is said to have pierced (i. c. put out) the eyes of these crows." The student will note the force of the subjunctive in confixerit. -We have here a proverbial form of expression, applied, it is said, to those who deceived very cunning persons. The crow being remarkable for keenness of sight, to put out a crow's eyes was a figurative mode of designating a superior degree of keenness and craft. (Compare Erasmus, Chil. 1, cent. 3, prov. 75, sub fin.) Camerarius, and others, however, give a different explanation of this proverb. According to them, birds of the species here denoted, in fighting with other animals, strike at their eyes; and ought therefore to be doubly careful in guarding their own. This seems rather forced. 11. Et singulis dicbus, &c. "And to have published, for the information of the people, a calendar, in which each day was marked, and which they were carefully to learn." Literally, "a calendar for each day, to be carefully learnt." This calendar contained all the days of the year, and distinguished between those on which an action could be brought, (dics fasti,) and those when no legal pro- ceedings could take place, (dies nefasti.)—In the construction of this sentence, singulis diebus is to go with fastos. << 12. Itaque irati illi. Thereupon, the poor lawyers, in great wrath."-Dierum ratione, &c. "Now that the arrangement of the days was published and known to all." 13. Notas quasdam composuerunt, &c. "Invented certain forms in legal proceedings, in order that their intervention might be ne- cessary in all cases.' These forms, called notae because purposely abbreviated, in order that none but the lawyers might understand them, met eventually with no better fate than the system of days. They were published by Sextus Aelius Catus, and his book was named Jus Aelianum.-Cicero quotes and ridicules some of these forms, in the succeeding chapter. >> 14. Cum hoc fieri, &c. In proceeding to ridicule the legal forms of the day, Cicero here imagines a controversy between two parties L. MURENA. 393 Page. respecting the title to a farm in the Sabine territory. First he sug-106 gests a simple form of proceeding, the plaintiff claiming, and the de- fendant denying his claim, and the judge then giving his decision. But this way of doing business does not please the lawyers. They must have their forms and technicalities, and Cicero then proceeds to show in a very amusing way, what these forms of proceeding are. -Render as follows: " Although the following mode might have answered perfectly well: The Sabine farm is mine: No, 'tis mine :' and then the decision of the judge: the lawyers shook their heads at this. The farm,' says the lawyer, ' which is in the country that is called the Sabine.' Verbosely enough. Well, pray, what next?" &c.-The lawyer and Cicero are here holding an imaginary dialogue, aud the former is giving the legal mode of conducting a suit, interspersed with occasional remarks from the latter. 15. Inde ibi, &c. "I summon you out of court, from that place there, to contend with me on the spot itself." Inde ibi is a legal pleonasm, retained from the old forms of the language, and refers to the place where the opposite party is supposed to be standing in court. Ernesti very unnecessarily rejects ibi with Gruter, and is followed in this by many subsequent editors.-The phrase ex jure is based on an old law-custom. In the earlier Roman law, if a question arose about a farm, a house, or the like, the praetor went with the parties to the place, and gave possession to which of them he thought just. But, from the increase of business, this soon be- came impracticable, and then the parties called one another from court (ex jure) to the spot in controversy, a farm for instance, and brought from thence a turf, or clod, and contested about it as about the whole farm. It was delivered to the person to whom the praetor adjudged possession. But this custom also was dropped, and the lawyers devised a new form of proceeding, which is the one that Cicero here ridicules. The words inde ibi, &c., as far as voco, are supposed to be uttered by the plaintiff, and they are the same with those that were used when the parties actually went to the contested spot. The language remains after the actual form has ceased. 16. Manu consertum. In this old form the supine is employed. The expression is a figurative one, and is thought by some to have originated at a time when the Romans determined their disputes with the point of their swords. Others suppose, that the two par- ties broke a rod before the praetor, in a kind of mock fight, in order that one of them might say he had been ousted, or deprived of pos- session, and might claim to be restored. (Compare Aul. Gell. 20, 10, and Heineccius, Antiq. Rom. p. 682, ed. Haubold.) 394 ORATION FOR Page. 106 17. Ille, unde petebatur. "He, of whom the claim was made," i. e. the defendant.-The plaintiff was called petitor. 18. Transit idem jureconsultus, &c. "The same lawyer now crosses over, after the manner of a Latin flute-player." The flute- players among the Romans were usually natives of Latium. Com- pare Livy, 9, 30.-Cicero alludes here to the custom that prevailed on the Roman stage. The flute-player appears to have turned from one actor to another, aiding each in turn with a cadence adapted to his voice, and the part he was performing at the time. In the same way the lawyer, after arranging the form of words which one party is to utter, passes over, and does the same kind office for the other. 19. Unde tu me, &c. "From that place there," says he, "from which you summoned me out of court to contend, I, in my turn, summon you." Unde does not here denote an actual change of place in the two parties, but only a change, as it were, in their legal position towards each other, the summoned person becoming now the summoner. The idea intended to be conveyed is best expressed by a paraphrase, "as you summoned me, so now I, in my turn, sum- mon you." 20. Pulchrum se ac beatum putaret. "Should think himself an exceedingly clever and able personage." We have rendered these words more according to their spirit than their literal meaning. Putare se pulchrum ac beatum is an idiomatic expression, and analo- gous to our English phraseology, "to have a high notion of one's self," "to entertain a happy opinion of one's own abilities," &c. 21. Atque aliquid, &c. The meaning intended to be conveyed is this, lest the praetor should think himself so clever and able a personage, as to make a speech in his own words. 22. Carmen. "A set form of words." Any set form of words, in prose or verse was called carmen.-Cum ceteris rebus, &c. "Both absurd in other respects, and particularly so in what fol- lows." In some MSS. and early editions the words nullo usu occur in place of illo, which Graevius has adopted. But then there is nothing to answer to cum ceteris rebus. 23. Suis utrisque superstitibus, &c. "Their witnesses being present for each, I order the respective parties to proceed that way. Go," i. e. in the presence of your witnesses here, I order you to go to the spot in controversy.-In note 15, we traced down the legal mode of proceeding to the bringing of a turf from the contested spot, and then stated that this custom also was dropped in course of time. The new mode is now referred to. The praetor tells the parties to go to the spot, and they make an appearance of going, headed by the lawyer to point out the way. Then, after a short L. MURENA. 395 Page. interval, the praetor says, “return,” and they come back as it were,106 and are supposed to bear a turf. If it appeared that one of the parties had been dispossessed by the other through force, the praetor de- creed according to one form; if not, according to another. The possessor being thus ascertained, then the action about the right of property commenced. The person ousted, first asked the defendant if he was the lawful possessor (Quando te in jure conspicio postulo an sies auctor, i. e. possessor.) Then he claimed his right, and in the meantime required that the possessor should give security not to do any damage on the farm, &c. 24. Superstitibus. The common text has praesentibus added after this word, but this is a manifest pleonasm, as superstes itself means a present witness. Compare Festus, "Superstites tcstes praesentes significat, &c., p. 244, ed. Lind., and Servius, ad Aen. 3, 339, who refers to this same passage, and explains superstitibus by praesentibus. 25. Praesto aderat, &c. "The sage jurisconsult was close at hand." Consult note 23.—Redite viam. Consult note 23. 26. Haec jam tum, &c. "These forms appeared even at that day, I believe, ridiculous in their nature, among those bearded per- sonages themselves," i. e. the very lawyers, who invented them, laughed I believe in secret at them.-Barbatos. A long beard was regarded by the vulgar as a type of wisdom. Hence the expres- sions, "barbati philosophi, ""barbati magistri," &c. In the early days, however, to which Cicero alludes, the wearing of beards was an ordinary custom, and hence barbatos in the text carries with it the blended idea of antiquity and pretension to superior wisdom. 1. Homines, cum recte, &c. "For persons, when they had 107 placed themselves properly enough, and in a particular spot, to be ordered to go away," &c. 2. Illa omnia, &c. "All those other forms."-In jure. "In court." Consult note 23, page 106. 3. Anne tu dicis causa vindicaveris? "Have you made this claim for mere appearance sake?" i. e. have you made it for mere appearance sake, or have you a good right ?—The plaintiff is thus interrogated by the defendant, who is desirous of ascertaining what grounds of action he may have, that he may be able to meet the claim. Such at least is the explanation of Ursinus. But the true meaning of this detached law-form is allowed by commentators to be very difficult to ascertain, although the solution given by Ursinus appears the most plausible.-Dicis causa is an old form of expres- sion, equivalent here to in speciem. Compare Ernesti, Clav. Cic. s. v. 396 ORATION FOR Page. 107 4. In manibus jactata et excussa. "Well handled and exam- ined." Excutio gets the meaning of "to examine" from its primi- tive import" to shake out the contents of any thing," and ascertain in this way what what it contains. 5. Inanissima prudentiae. any rational meaning. Totally devoid of sense," i. e. of 6. Nam cum, &c. "For although very many admirable princi- ples have been laid down by our laws."-Ingeniis. "By the inge nuity." (( 7. Infirmitatem consilii. "A natural weakness of judgment." -In tutorum potestate. "Under the control of guardians." 8. Quae potestate mulierum, &c. These appear to have been the guardians whom the woman chose ex testamento viri. (Cujas, Observ. 8, 11.) Alciatus thinks, that they had slaves of theirs made public ones, and then appointed them their guardians. These, although not exactly slaves any longer, in the full sense of the term, as regarded a private owner, were yet, on the other hand, not actually free, because the public was their master. Such persons were still, from their previous relation to the former owners, more or less under their influence and control, even after the ownership had been transferred. (Alciat. Perierg. 9, 19.) (6 9. Sacra. "The sacred rites connected with families." Among the Romans, each gens had certain sacred rites peculiar to itself, which the father, or head of each familia composing the gens, was bound to perform. These rites went with the inheritance. Com pare Cic. pro dom. 13: "Quid? sacra Clodiae gentis cur intereunt, quod in te est ?" So also, de Leg. 2, 9. Sacra privata perpetua manento," to which Cicero gives the following interpretation (c. 19): "De sacris haec sit una sententia ut conscrventur semper, et deinceps familiis prodantur, et, ut in lege posui, perpetua sint sacra. "What was called "detestatio sacrorum" took place, when it was announced to an heir or legatee, that he must adopt the sacred rites that followed the inheritance. 10. Ad coëmptiones facicndas. "To make purchases of estates encumbered by these rites." Literally, "for the purpose of making purchases." In order to remove the incumbrance of family rites, a fictitious sale of the property was made to some old and childless person, and then the same property was purchased back from him. In this way the law was completely evaded, there being no heir or devisee who was to maintain the family rites in the present case. -This custom is very neatly alluded to by Curius, one of Cicero's friends, in a letter to the orator. (Ep. ad Fam. 7, 29.) "Sum Xρíocɩ µèv tuus, kтhσeɩ dè Attici nostri : ergo fructus est tuus, man- L. MURENA. 397 Page. cipium illius; quod quidem si inter senes coēmtionales venale pro-107 scripserit, egerit non multum.” 11. In omni denique, &c. "In fine, throughout the whole com- pass of the civil law, they have abandoned the spirit, have retained the mere letter." Literally, "the mere words themselves." 12. In alicujus libris. "In the writings of some lawyer.” 13. Id nomen. Caia. According to Cicero's humorous explana- tion, they found the name Caia applied, in the works of some law- her or other, to a female who had contracted matrimony by the rite called coëmptio. Now this happened to be her true name. But they thought there was a great mystery concealed under the appel- lation, and hence, in all legal proceedings connected with the rite termed coëmptio, every female about to contract matrimony in that way was called by them Caia.-It will readily be perceived, that the ridicule here is a good deal overstrained. Caius, as applied to the male, and Caia to the female, were mere terms of convenience in the old Roman law-forms. 14. Quae coemptionem facerent. "Who contracted matrimony by the rite termed coemptio." There were three modes of contract- ing marriage among the Romans, termed respectively, confarreatio, usus, and coëmptio. By the last of these was meant a kind of mutual purchase, when a man and woman were married by deliver- ing to one another a small piece of money, and repeating certain words. What these words were is not clearly ascertained. Boe- thius (ad Cic. Top. 3) gives rather the meaning than the actual form of expression. (Heinecc. Antiq. Rom. p. 133, ed. Haubold.) It is more than probable, from the language of Cicero in the text, that one of the forms was that which is generally, though perhaps erroneously, thought to have been common to both confarreatio and coĕmptio. "Ubi tu Caius, ibi ego Caia," i. e. "Where you are master, I am mistress," * 15. Jam illud. "The following too." Compare as to the peculiar force of jam, in this clause, note 3, page 86. 16. Utrum diem tertium, &c. "Whether the expression 'third day,' or 'day after to-morrow;' 'judge' or 'arbiter,' 'action,' or 'suit,' ought to be employed." This is another unfair hit at the lawyers. In the cautious and guarded language of the ancient pleadings, as in those of modern times, two terms were frequently used to designate the same thing. Thus they would say, "Diem tertium sive perendinum :”—“ judicem arbitrumve:”—rem “sive litem." These forms were commonly given by the ancient juris- consults in an abbreviated style. Thus, I. D. T. S. P. which is the same as In diem tertium sive perendinum. T. I. A. V. P. V. D. 34 398 ORATION FOR Page. 107 equivalent to Tempore judicem arbitrumve peto ut des. And again Q. R. S. L. D. O. for Quam rem sive litem dicere oportet. (Coп- sult Brissonius, de formulis, &c.) 17. Perendinum. From perendie, "Quasi peremta die," says Charisius, that is, the day after a whole intervening day has passed. Perendinus is equivalent to tertius dies, since the Romans, in count- ing, always included the day from, and the day to which they counted. 18. Dignitas consularis. Any title to the consulship," i. e. it never has carried with it that degree of merit, which could claim the consulship as its peculiar right. 19. Ex rebus fictis commenticiisque. "Of fictions and subtle devices."-Gratiae vero multo etiam minores. "And far fewer claims still to the favour of others," i. e. far less of what might lay others under obligations to you, and in this way secure their favour and interest. "L 20. Gratum. "Calculated to gain influence," i. e. so peculiarly acceptable to either party, as to lead him to regard it in the light of a special favour done him, and to induce him to cherish friendly feelings in return. 21. Sed etiam illud, &c. "But even that form of address, which was for some time customary, May I consult you'." This form of words, Licet consulere? used to be uttered by the client, when he came to consult the lawyer; and the formal reply of the latter was "Consule." Cicero alludes in the text to this fashion being now out of date, meaning to imply, in a playful way, that the lawyers were not regarded by their clients with as much veneration and respect as formerly, and that there was now more of familiarity in addressing them. 22. In ca prudentia. "In that branch of knowledge." In that species of wisdom.-Rebus prolatis. During a vacation of the courts," i. e. when the courts of law are closed, and the aid of the lawyer is not at present needed. Rebus prolatis literally means, "when matters are put off," i. e. to the next opening of the courts. Compare as regards its general meaning, Plautus, (Captiv. 1, 1, 10): "Ubi res prolatae sunt, cum rus homines eunt.” 23. Et perpaucis, &c. "Within the compass of both a very few and by no means obscure words.' The allusion is to the writ- ten law, or jus scriptum. Compare Manutius Loquitur de jure scripto: quod cum et breve sit, et minime obscurum, cognosci ab omnibus facile possit." (4 108 1. Homini vehementer occupato. engrossed by other affairs."- MANY G (C (C Although a man completely Stomachum moveritis. There is L. MURENA. 399 Page. some humour in this. Cicero will only meddle with the civil law in108 case he is provoked to the step, since otherwise he would not take the trouble of bestowing a single thought upon it.—We must not, however, suppose that these were his real sentiments. From his own account, the civil law, at one time, occupied a large share of his attention. Compare Cic. Brut. 89: “Ego autem juris civilis studio multum operae dabam Q. Scaevolae, P. F., qui quamquam nemini se ad docendum dabat, tamen, consulentibus respondendo, studiosos audiendi docebat. 2. Etenim quae de scriplo aguntur, &c. "For all that relates to matters of writing has been reduced by this time to written forms," i. c. all the writing business of the profession is contained in certain forms already reduced to writing. 3. Tam anguste. "In terms so concise." Referring to the abbreviations so much indulged in by the Roman lawyers, and some specimens of which have been given under note 16, page 107.-—— Quo ego non possim, &c. "That I cannot tell about what it treats.” -Qua de re agitur is a law-phrase, denoting, when applied to a written form, the nature and object of that form; and when re- ferring to a suit or controversy, the point on which that controversy turns. Compare Cic. Brut. 79. 4. Quae consuluntur autem, &c. "While, on the other hand, the matters about which advice is asked, are replied to at very little risk."-The explanation which Cicero immediately subjoins is ex- tremely amusing. If you answer as you ought, you will pass for a second Servius; if otherwise, men will give you credit for a pro- found acquaintance with the controverted points of the law, which leads you thus to differ in opinion from others. 5. Etiam controversum jus, &c. "You will even appear to be well versed in the knowledge and handling of the controverted points of the law." Literally, "the controversial law." Compare Manu- tius: "Controversum jus, quod interpretationis est dubiae, et de quo disputare licet in utramque partem.” 6. Isti vestrae exercitationi. "That profession of yours." Ves- trae refers to the whole body of jurisconsults.-Ad honorem. "For advancement in the state." For the enjoyment of public honours. 7. Initio. “In the beginning of their career.”—Hoc. Eloquence. 8. Istuc potissimum sunt delapsi. "Have slid down generally speaking into that vocation of yours." where you are." Literally, "into that place 9. In Graecis artificibus. "In the case of the Greek musicians." Artifex is a general term for one who exercises an art or employ- ment of any kind. Hence artifices scenici, "players," artifex 400 ORATION FOR Page. (( 108 rhetoricus, a rhetorician;" and so, as regards its usage in the present case, we have the following in Quintus Curtius, 5, 1: “Non vates modo, sed etiam artifices cum fidibus sui generis ibant.” 10. Auloedos. Some few editions have auletas. The form citharoedos is given by Quintilian (8, 3) and most early editions.- Citharoedi. "Performers on the harp." The citharistae merely played upon the harp; the citharoedi accompanied the playing with their voice. The Greek etymology is in accordance with this: Kɩ0- αρῳδὸς from κιθάρα and αείδω. 11. Devenire. This verb appears to imply here, that they come to the study of the law, because, they cannot do any better. Com- pare the language of Ernesti, in explaining the force of devenio, (ad Or. in Verr. 5, 48.): "Devenire recte dicitur de iis, qui aliquo veni- unt perfugii causa, supplicandi causa, " &c. 12. Magnus dicendi labor, &c. "Great is the toil that qualifics for public speaking, great the art itself, great its dignity, and most great, too, the influence connected with it." 13. Salubritas quaedam. The meaning of Cicero is, that what the lawyer, or, as we would say, special pleader, does for his client, conduces to safety, whereas the orator ensures safety itself. The lawyer prepares what may have a salutary effect on the issue of the case, and may conduce to a successful defence; but the orator ac- complishes that issue, and establishes that defence. The idea then, intended to be conveyed by salubritas quaedam is best expressed by a paraphrase : "What may conduce to safety," while by salus ipsa is meant "safety itself." The language is figurative, and is borrow- ed from the condition of the human frame, at one time enjoying "a kind of health," at another "health itself." "" 14. In qua si satis profecissem. "Had I made any great prog- ress in this art," i. e. in the art of public speaking; in oratory. This, of course, is the mere language of assumed modesty. Cice- ro's secret vanity suggested far different ideas in reality. 15. Artes. "Professions."-Quae possunt locare, &c. "Which are capable of placing men in the highest degree of personal con- sideration," i. e. of raising them to the highest place in public esti- mation. By dignitas is here meant public esteem founded on private worth. 16. Ceterae tamen virtutes, &c. "The other kinds of merit it is true avail much of themselves, namely, justice, good faith," &c. Virtutes is here used in the sense, not of virtues, but meritorious qualities, for eloquence and military talent are included in the number. -Ipsae per se. "Even apart from eloquence." Compare Manu- tius: "Separatim singulae, etiam sine eloquentia.” L. MURENA. 401 Page. 17. Sed nunc disputo. “But I am now arguing.”—Insita cu-108 jusque virtute. "The innate worth of each particular individual.” Compare Manutius: "Nam neque ars imperatoris, ncque boni fa- cultas oratoris virtutes insitae sunt, sed extrinsecus assumuntur.” "To 18. Aliquis. In some editions aliqui.—Bellicum canere. sound forth the signal for war." With bellicum supply carmen. The term denotes the blast of the trumpet summoning to arms. Com- pare Livy, (35, 18.): “A Macedonia Philippum ubi primum belli- cum cani audisset, arma capturum." 19. Ingeniosus poēta et auctor valde bonus. "An ingenious poet and excellent writer." Ennius is meant, and Cicero then pro- ceeds to quote from him.-Proeliis promulgatis. "When battles are proclaimed." This expression has somewhat of a poetical tinge, and is probably imitated or altered from some lost passage of Ennius. As it stands now, it could not of course find its way into an hex- ameter line. 1. Pellitur e medio. Cicero quotes from the 8th book of the 109 Annals of Ennius. The full passage is given by Aulus Gellius, (20, 10,) and we will cite it here in order to make the references, on the part of the orator, more intelligible “Pellitur e medio sapientia; vi geritur res; Spernitur orator bonus; horridus miles amaturz Haud doctis dictis certantes, sed maledictis, Miscent inter sese, inimicitias agitantes : Non ex jure manu consertum, sed mage ferro Rem repetunt, regnumque petunt, vadunt solida vi." The words are given more according to the earlier orthography, by Hesselius, in his edition of the fragments of Ennius, p. 79, seq. In the second line, the final s in horridus is elided in scanning, be- fore the initial consonant of miles. The early Romans did not sound the final s in words, if the next word began with a consonant. The practice began to disappear, however, about the time of Cicero. The last traces of this elision are found in some parts of the poetry of Lucretius, Catullus, and Cicero himself.-So in the 5th line, some read magis in place of mage, making in the scanning the eli- sion magi'. Others read at once horridu' miles, and magi' ferro, as, for example Hesselius.--The other various readings in these lines, such as Tollitur for Pellitur, and manum for manu, need not be dwelt upon here. 2. Ista vestra, &c. "That wordy and counterfeit wisdom of yours." More literally, "that wordy counterfeiting of wisdom," &e. The allusion is to the unmeaning forms and subtleties of the law. 34* 402 ORATION FOR ¿ Page. 109 3. Non solum odiosus, &c. "Not only he who is disagreeable ·Horridus in speaking, and a mere talker, but even the good one. miles amatur. "The rough soldier is caressed."-Totum jacet. "Lies entirely neglected." Compare as to the force of jaceo here, note 1, page 103. 4. Mage. An old form for magis. Perizonius maintains, that both magis and mage were originally adjectives of the positive de- gree, like potis and pote. (Ad Sanct. Min. 2, 10.-Vol. 1, p. 280, ed. Bauer.) 5. Stilus. This was the ordinary instrument for writing. It was sharp at one end, and broad at the other. They wrote with it on tablets covered with wax. When they wished to correct any thing which they had written, they turned the stilus, and smoothed the wax with the broad end. Hence, saepe stilum vertas, “make fre- quent corrections." (Horat. Sat. 1, 10, 72.) 6. Umbra soli. "The shade of retirement to the beams of the sun," i. e. the retired life of the lawyer to the active one of the soldier. So vila umbratilis is applied to a retired, studious, or com- paratively inactive life, (Cic. Tusc. 2, 11,) and oratio umbratilis to a philosophical discourse, (Cic. Orat. 19,) as marking the contrast between the retired habits of the philosopher and the more active life of the public speaker. So in the present case the lives of the lawyer and soldier are contrasted. "First in importance."-Omnium princeps. "The 7. Prima. first of all." Alluding to the glorious results of the Roman arms. 8. Haec. "These services of Murena."-Demonstrat. "Strives to show."-Cum mulierculis. "With mere women." The term muliercula, the meaning of which we have here softened down, re- fers to the effeminate and dissolute habits of the Asiatics generally, and the enervating effects which resulted from them. 9. Neque enim, &c. "And only a few, for the merits of the cause are not contained in this." Supply before neque the words, et pauca modo, or something equivalent. 10. Cum Graecis. As the Romans, during the Mithridatic war, came in contact principally with the Asiatic Greeks, Cicero here makes mention of their other wars with the Greek nation generally. -For an account of the different individuals mentioned by the speaker, consult Historical Index. 11. Ille hostis. Referring to Mithridates. It is the same, in effect, as if he had said, "and such a foe as Mithridates." 12. Antiocho. Antiochus is here brought in as an Asiatic mon- arch, and the war that was waged with him is alluded to as an Asiatic one. L. MURENA. 403 Page. 13. L. Scipio. Consul with Laelius, A. U. C. 562, and sur-109 named Asiaticus for his success in this war.- -Partita cum Publio, &c. The allusion is to Publius Cornelius Scipio Africanus, the conqueror of Hannibal. He volunteered to serve as lieutenant under his brother, L. Scipio, in this war against Antiochus, and hence the glory of the contest is said by Cicero to have been shared between them.—We have adopted partita, the emendation of Lambinus, in place of parta, as given by the common text. There can be no doubt as to the superiority of the former, although the latter is advo- cated by Ernesti. 14. Cognomine ipso. Alluding to his surname Africanus. Pub- lius Scipio was the first Roman general who took his name from a conquered country.-Ex Asiae nomine. Alluding to the surname of Asiaticus, bestowed on L. Scipio. "As 15. M. Catonis. Cato the censor.-Ut ego mihi statuo. I imagine." The editors make a difficulty here, when none in fact exists. Beck, following some of the MSS. and early editions, reads statuam, which is only a softer way of expressing the meaning of statuo, and equivalent to ut judicem de sensu meo. Schütz, on the other hand, thinks the words ut ego mihi statuo a corruption, and suggests the following emendation for the whole clause, “quum essct in eo animi status talis, qualem in te esse video." This, however, is re-writing, not correcting. 16. Nunquam esset profectus. The common text has cum Sci- pione after nunquam, which is an historical blunder, originating very probably from some idle gloss. In the war against Antiochus, M. Cato accompanied M. Acilius Glabrio, not Scipio. Compare Livy, 36, 21. 17. Neque vero cum P. Africano, &c. "Nor would the senate, in truth, have engaged Publius Africanus to go as lieutenant to his brother." The elegance of the phraseology, egisset cum Africano ut proficisceretur, (literally, "have arranged with Africanus that he should go,") atones in some degree for its want of historical correct- ness. Scipio was not requested by the senate to accompany his brother as lieutenant; but, when a difficulty was about to arise in that body respecting the provinces of the new consuls, L. Scipio and Laelius, he declared, that if they would give his brother the province of Greece, he would go with him as his lieutenant. This, of course, settled the question. Compare Livy, 37, 1: "P. Scipio Africanus dixit, 'Si L. Scipioni, fratri suo, provinciam Graeciam decrevissent, se legatum iturum. Haec vox, magno adsensu audita, sustulit certamen.” * 1. Quid Mithridates potuerit, &c. Cicero's oration in favour of 110 the Manilian law is the best commentary on this whole passage.- C 404 ORATION FOR Page. 110Qui vir fuerit. "What kind of man he was." Qui is here ele. gantly used for qualis. 2. Pugna excitatum. "Only aroused to more vigorous efforts by the loss of a battle." Sylla had defeated Archelaus, a general of Mithridates, with great loss, at Chaeronea. (Plut. Vit. Syll. c. 16.) The true reading here is extremely doubtful. We have adopted that given by Ernesti. 3. Non rudis imperator. "No raw commander." This is what Grammarians call a litotes (rórns,) where, by a negation of the contrary, more is implied than expressed. Sylla was in fact eminent for military talents. 4. Bello invectum, &c. "After having traversed all Asia in hostile array." The common text has cum bello, but we have re- jected the preposition with Ernesti and others. J 5. Cum pace dimisit. This is mere oratorial exaggeration. Sylla granted peace to Mithridates, not because he found it impossible to conquer that monarch, but because his own presence was required in Italy, where the opposite faction had raised fresh troubles. Com- pare Ernesti, ad loc. 6. Rationes ct copias belli. "His revenues and armies."-Oce- anum cum Ponto. His object was to attack the Romans on the east, while Sertorius, in Spain, did the same on the west. Compare the Oration for the Manilian law, chapter 4. one." 7. Duobus consulibus. Lucullus and Cotta, A. U. C. 679.-Ita. "With this view."-Alter Mithridatem, &c. Alluding to Lucullus. 8. Alterius res calamitosae. "The disastrous operations of the The reference is to Cotta. This commander, thinking that he had a fair opportunity of gaining a victory before Lucullus could join him, gave battle to Mithridates, but was defeated both by sea and land, with the loss of 60 ships and all their crews, as well as 4000 land forces. (Plut. Vit. Lucull. c. 6.) 9. Nam, cum, &c. "For when the fury of the whole war had centred beneath the walls of the people of Cyzicus." Compare the Oration for the Manilian law, chapter 8. 10. Asiae. Referring to the Roman province, as appears from what follows immediately after, "tota pateret provincia." As regards the limits of the province of Asia, consult note 12, page 72. 11. Et omnes copiae, &c. Compare note 11, page 77.-Et omnes is the emendation of Graevius, from one of his MSS., in place of the common reading ut omnes. 12. Pugnam navalem, &c. Compare note 14, page 77.-Con- tento cursu, &c. "In rapid course, under the fiercest leaders."" Compare note 15, page 77. L. MURENA. 405 Page. 110 13. Novis opibus, &c. Compare note 2, page 78. 14. Sed non id agimus. "But that is not our present object." More literally, we are not now endeavouring to do that." (C 15. Senatus et populus Romanus. The senate passed a decree, relative to the declaring of war against Mithridates, and the people, with whom alone rested the power of actually declaring war, con- firmed that decree by a vote in the comitia. 1. Populus Romanus. The people alone are named here, as 111 they passed the Manilian law, which gave the command to Pompey. 2. Vel acerrima mihi videtur illa, &c. This is the famous night engagement fought near the Euphrates, an account of which is given by Plutarch, Vit. Pomp. c. 32.-Compare Dio Cassius, 36, 32. -Florus, 3, 5, 23. 3. Bosporum. The Cimmerian Bosporus is meant, now the straits of Jenikali. Compare, as regards the flight of Mithridates, the account given by Plutarch, (Vit. Pomp. c. 35.) 4. Etiam extrema fortuna, &c. The eulogium passed by Cicero on the character and abilities of Mithridates is well deserved. In point of talent and resources he was certainly the most formidable monarch with whom the Romans had ever to contend. 5. Tamen tantum, &c. "Attached so much importance not- withstanding to the life of a single individual,” i. e. to the mere circumstance of Mithridates' remaining alive.-Ile. "The other." Mithridates. 6. Arbitraremur. All the MSS. have arbitraretur, in the pas- sive. But still Ciceronian. usage and latinity demand arbitraremur, which we have, consequently, not hesitated to give. Ernesti, who retains however arbitraretur, is strongly in favour of arbitraremur, observing of the common reading, "Istac sordes sunt latinae, in- dignac Cicerone, praesertim in oratione quae in foro dicta est, aut concione senatuve." Two instances, it is true, of arbitro, as all active verb, occur in Plautus, (Pseud. 4, 2, 57. - Stich. 1, 2, 87,) but this is the usage of a poet, not of a prose writer, and, it may be too, a specimen of vulgar not classical usage. At all events, the pages of a comic writer can furnish no argument either way in a question relative to Ciceronian prose. CC "We contend." 7. Defendimus. Literally, we allege," or "maintain, in his behalf." Defendere means here to bring forward in the way of defence, or as Facciolati explains it, “allegare in de- ·fensionem." "That these services of his."-Non 8. Hanc ejus operam. minus dignitatis. "No less strong a claim." Dignitas here again denotes a claim or title founded on merit or fitness. 406 ORAT ORATION FOR Page. 111 9. At enim, &c. Cicero here proceeds to answer another argu- ment advanced on the part of Sulpicius. At the comitia for the elec- tion of praetors, Sulpicius was higher on the list of successful candidates than Murena, that is, the majority of the former exceed- ed that of the latter. And this is now urged as a proof of the superior estimation in which Sulpicius was held by the people, and a sure indication that, had there been no bribery on the part of Mu- rena, the other would have defeated him at the consular clection. Cicero's answer is a very adroit one. 10. Pergitisne vos, &c. "What? do you proceed to deal with the people, as if by virtue of some written obligation?" i. e. as if they were tied down by the terms of some bond, and had no free agency left them.-We have here a very artful evasion of the argu- ment adduced on the opposite side. What? if the people have done a thing once in a particular way, are they bound to do it always in that way? the people, too, who are so notorious for their fickle and changeable character? = 11. Syngrapha. By this is meant a bond or obligation, by which a creditor got security from his debtor for the payment of a sum of money; or by which one person bound himself to another, for the performance of some particular act. It was generally signed and sealed by both parties, and a copy given to each, whence the name, συγγραφὴ from συγγράφω. The phrase agere ex syngrapha then de- notes, to exact something from another, as if it were the payment of a debt on bond, or the performance of some express written cov- enant. 12. Reliquis honoribus. "In the case of the other honours he may seek."-Debeat. Supply dare. 13. Quod enim fretum, &c. "For what strait, what Euripus, has as many changes, as violent and as varied fluctuations, as are the powerful tossings and impetuous tides which the comitia from their very nature possess?" Literally, as the the system," or, "plan of the comitia has."---We need hardly point to the beauty and justice of the allusion. The whole passage is cited by Quintilian, 8, 6, 29. (C 14. Euripum. The Euripus, or strait between Euboea and the main land of Greece, was famed in the popular belief for its frequent changes. Consult Geographical Index. 15. Totam opinionem commutat. "Produces an entire change of opinion," i. e. respecting the merits of a candidate for public favour.-Fit aliud atque existimamus, &c. (C Something is done directly contrary to what we think is to be the result, so that even the people themselves wonder," &c.' L. MURENA. 407 * Page. 16. Nihil fallacius ratione tota comitiorum. "Nothing more111 deceptive than the whole course of things at the comitia," i. e. than the issue of public elections. 1. Opera. Philippus was not only a public man, but an eminent 112 speaker, and hence his aid was often given in the forum, at trials, to his friends and others. With opera, therefore, we may supply forensi, as Gruter directs, and render the term by "application at the bar." Compare Ernesti ad loc.: "Est ea quae alias industria proprie dicitur."-Cicero alludes to the defeat of Philippus by He- rennius, in the Brutus, c. 45. 2. Q. Catulum. This was the famous colleague of Marius, in the contest with the Cimbri. Consult Historical Index.-Cn. Mallio. A man of ignoble birth. The common text has Manlio. 3. Hominem gravissimum. "A man of the greatest weight of character." The individual referred to is the celebrated M. Aemi- lius Scaurus.-Q. Maximo. Q. Fabius Maximus, surnamed Ebur- Consult Historical Index. nus. 4. Saepe certo aliquo, &c. "Are oft-times aroused by the in- fluence of some particular constellation." This was an article of fixed and popular belief on the part of the Romans.-Quintilian (8, 3, 80) remarks, that Cicero expresses himself here with almost a poetical spirit: "jam paene poetico spiritu.” 5. Saepe ila, &c. We have inserted causa after obscura, on the conjecture of Lambinus, but have not adopted his other emendation of ejus after saepe, as this seems quite unnecessary. 6. Si est reddenda ratio. "If a reason must be given," i. e. a reason for Murena's apparent want of popular favour, compared with the other successful candidates, who had received larger ma- jorities in the application for the praetorship. 7. Duae res, &c. "The want of two things was severely felt in this application for the praetorship, both of which proved of ser- vice to Murena when suing for the consular office." More literally, "two things were very greatly missed in the case of the praetor- ship," &c. Cicero's meaning is, that two circumstances were de- ficient in Murena's canvass for the praetorship, both of which after- ward occurred, and were of use to him when a candidate for the consulship. 8. Exspectatio muneris, &c. "The expectation of public shows, which had been increased as well by certain rumours, as by the zealous efforts and language of his competitors." Murena had not borne the office of aedile, and had therefore exhibited no public shows, as was customary with those who filled that station. There was no expectation consequently of his exhibiting any in case he.. 408 ORATION FOR Page. 112 were elected praetor, whereas rumour spoke loudly of what his competitors would do in the way of public exhibitions, and they themselves gave confirmation to these rumours by their conduct and language. All this, of course, would tend to lessen very materially the number of votes given for Murena, and it was no wonder, if the majorities of his competitors were larger than his own. 9. Altera. The second reason was, that the troops whom he had commanded in Asia had not yet returned home, by which cir- cumstance he lost a number of votes, as well from these persons themselves, as from others who would be influenced by their com- mendations of Murena. 10. Comitiis. This is the conjectural emendation of Hoto- mannus, which Lambinus first adopted into the text, and of which Beck, Schütz, and others approve. The common text has comes. 11. Munus amplissimum. "The very splendid shows." Murena, having obtained the office of Praetor Urbanus, was called upon to give the Ludi Apollinares, which he did with great splendour. It will be borne in mind, that the magistrates who gave, or, in other words, presided at, public exhibitions and shows, generally lavished upon them a prodigious expence, to pave the way for future prefer- ments. Compare Cic. de Off. 2, 16, where he speaks of a magnifi- centissima aedilitas, and of Pompey's magnificentissima munera in his second consulship. 12. Voluntas militum. "The good will of the soldiery."—Quae cum per se, &c. Compare note 9.-Tum vero multum auctorita- tis habet. "And also possesses great influence." 13. Verborum interpretes. "Mere interpreters of words," i. e. mere expounders of law forms and phrases. 14. Quare gravis est illa oratio. "Of great weight therefore is language like the following."-Me saucium recreavit. A soldier is supposed to be here speaking of his commander to the by-standers who are about to vote at the consular comitia. 15. Cum fortis, tum etiam felix. "As fortunate as he is brave." Literally, "both brave and also fortunate." 16. Hoc quanti putas, &c. "Of how much importance do you imagine all this is, as regards the reputation of individuals, and the favour of others ?" 17. Etenim, si tanta, &c. "For if the influence of a religious feeling is so strong at those comitia, that, even to the present day, the omen afforded by the century, which is first called, has always exerted an effect on the election, why is it surprising, that, in the case of this individual, the reputation of his good fortune, and the L. MURENA. 409 Page. language of his soldiers produced a similar result?" Valuisse, 112 literally, "prevailed." 18. Omen praerogativum. At the comitia centuriata, where the consuls were chosen, the centuries were called to give their votes by lot. The names of the centuries were thrown into a box, and the century which came out first was called praerogativa, because it was asked for its vote, that is, consulted, before the rest (prae and rogo.) Its vote was regarded as a kind of omen of the result of the election. 1. Leviora. "As of too trifling a nature to be mentioned."-113 Quae sunt gravissima. "Which are in fact of very great impor- tance." More freely," though they are," &c. 2. Et hanc urbanam, &c. "And prefer the votes of citizens here to those of the soldiery," i. e. consider them as carrying greater weight, as more worth having, &c. 3. Ludorum hujus, &c. "The clegance of the shows exhibited by this individual, and the magnificence of his scenery." Under the head of ludi are meant, not only games, but also scenic exhibi- tions, (ludi scenici.) Sometimes the latter were regular plays. Thus, the plays of Terence were acted on these occasions; at other times, what were called pegmata were exhibited. These were large stages or wooden machines, of several stories, which were raised or depressed at pleasure, and were magnificently adorned. They were intended to represent detached scenes of an interesting nature, such as a conflagration, the descent of a deity, &c. Pliny says that Murena and his brother Caius were the first who exhibited one of these, and that it was richly adorned with silver. (H. N. 33, 3.) This is very probably the argentea scena mentioned a little farther on. 4. Profuerunt. They proved of great service to him in concilia- ting the favour of the people. 5. Quamquam huic causae, &c. Although the fact itself is sufficient for the purposes of the present case," i. e. to serve as a basis for my present argument. CC 6. Negotiis. By the calls of business."-In ipsa occupatione. "In employment itself." 7. Oblectamur et ducimur. << "Are gratified and attracted."- Quid tu admirere, &c. "Why need you wonder at this, in the case of the unlearned multitude?" 8. L. Otho. Lucius Roscius Otho, who was tribune of the com- mons A. U. C. 686.—Equestri ordini, &c. The allusion is to the Roscian law, proposed by Otho, by which the fourteen seats next to those of the senators, in the theatre, were appropriated 35 410 ORATION FOR L Page. 113 to the equestrian order. Consult Legal Index.-From Cicero's employing the term restituit here, it has been inferred, that the equites had previously possessed separate seats in some conspicu- ous part of the theatre, from which they had been dislodged. Unless we suppose, what is not very probable, that the term restituit is here employed, after the manner of the Roman lawyers, in the sense of dedit or praestitit. Compare Ernesti, ad Ind. Leg. s. v. Roscia. The Roscian law is the one that occasioned the famous disturbance at Rome. Consult Historical Index, s. v. Otho. 9. Voluptatem. "The means of gratification," i. e. in beholding, with more ease and comfort, the representations of the stage. 10. Cum splendore, fructus quoque jucunditatis. "Along with the splendour of their rank, the enjoyment also of their diver- sions." 11. In mea petitione. "In my application for the consulship." 12. Nam nos quoque, &c. "For we too had, on the part of our opponent, a scene so splendid to contend against, that it actually seemed to be itself a competitor." We have here been compelled to express by a paraphrase, what the Latin gives in the compass of a few brief words. The phraseology of scenam competitricem is peculiar and forcible.-The nature of the allusion is as follows: Antonius, who was Cicero's colleague in the consulship, had been also his colleague in the aedileship, and had, while filling this latter office, exhibited in the public shows, at which he presided, a splendid piece of scenery, loaded with silver. This gained him great popu- larity, and insured him a strong vote when he applied for the con- sulship. Cicero was his competitor on that occasion, and adopts a very forcible mode of expression in the text, to show how much advantage Antonius had derived, in his opinion, from the silver scene which he exhibited. Antonius, it is well known, was elected to the consulship along with Cicero 13. Trinos ludos. "Three different kinds of solemn shows." The first in honour of Ceres and Bacchus; the second of Flora; the third of Jupiter, Juno, and Minerva. In Verr. 5, 14.) 14. Commovebar. "Was alarmed."-Casu. "From the opera- tion of lot." The practor urbanus, whose duty it was to preside at the Ludi Apollinares, was appointed by lot; that is, the two praetors, after their election, determined by casting lots, which of them should be practor urbanus, which practor peregrinus, and which should exercise the other jurisdictions. 15. Nihil adversatam. “Proved of no injury," i. e. in your ap- plication for the consulship. Cicero asks, whether Sulpicius does not think that the silver scene, which Murena exhibited when praetor, L. MURENA. 411 Page. gained the latter numerous votes, and facilitated his election to the 113 consular office. Compare note 12. sions."-Lenitate audiendi. 11 listens to all.' 16. Sit par forensis opera militari, &c. "Let the labours of the bar be equal to those of the camp, let the vote of the citizen be equal to that of the soldier." "Between your allotted duties 17. Inter tuam et istius sortem. and his." Compare note 14. 18. Hujus sors ea fuit, &c. "The sphere of duty, which fell to his lot, was, what all of us your friends wished might be yours, that of dispensing justice." Murena, as has already been remarked, ob- tained by lot the station of praetor urbanus, an office which opened up for him a path to extensive popularity. 19. Gloriam conciliat, &c. "The importance of the charge gains high consideration for the individual, and the dispensing of liberal justice, the favour of others." By aequitas is here meant a decision according to the spirit, rather than the strict letter, of the law. Compare Manutius: "Recte largitionis nomen ad aequitatem adjunxit, nam saepe quod jus negat, aequitas largitur.” CA 20. Aequabilitate decernendi. By the impartiality of his deci- "By the affability with which he 1. Ad extremum, &c. "Is terminated at last by the gratification 114 derived from public spectacles," i. e. after having received the ap- plause of others for the equity, uprightness and affability which characterize his deportment, the magistrate in question crowns all by a splendid exhibition of public shows. 2. Quid tua sors? Sulpicius drew for his lot the presiding at trials de peculatu, or embezzlement of the public money.-Besides the praetor urbanus, and practor peregrinus, there were other praetors who each presided at particular trials throughout the year; namely, one at trials concerning extortion (de repetundis); another concerning bribery (de ambitu); a third concerning crimes against the state (de majestate); a fourth about defrauding the public treasury (de peculatu); &c. ment." 3. Tristis, atrox, &c. "A gloomy, a harsh one: the trial of questions of embezzlement." Literally, "inquiry into embezzle- Quaestio is the technical term for each of the special juris- dictions mentioned in the previous note, and as these were assigned each to a particular praetor, for an entire year, they were hence termed Quaestiones perpetuae. 4. Squaloris. Referring to the squalid and neglected garb of the accused, assumed by him for the purpose of exciting commiseration. 5. Ex altera. Referring to the side of the accusers.-Plena cat- 412 ORATION FOR Page. 114 enarum atque indicum. formers." "Full of imprisonment and common in. 6. Cogendi judices inviti. "The reluctant judges to be forced to sit." The judices, called also assessores, formed the council of the praetor. Compare note 4, page 99. 7. Scriba damnatus, &c. "A scribe condemned; the whole order in consequence alienated." A scribe had been condemned by Servius for embezzlement of the public money, and this lost him the votes of the whole order in his application for the consulship. As regards the scribes, compare note 3, page 43. 66 8. Sullana gratificatio reprehensa. 'Sylla's bounty disapproved of," i. e. condemned or reversed. Several of Sylla's adherents had received from him gifts of money from the public treasury. This proceeding was now adjudged to be illegal; and regarded as pecul- atus. "Almost an entire part." Schütz makes this 9. Prope pars. the same as magna pars; and Lambinus, dimidia pars. 10. Lites severe aestimalae. Damages heavily assessed," i. e. a heavy amount of damages imposed. The allusion is to damages, or a fine awarded by the praetor, in favour of the state, against in- dividuals who had been convicted of embezzlement. As the amount of damages rested with the praetor, Servius made many enemies by imposing heavy sums. 11. Cui placet, obliviscitur. "He to whom it affords pleasure, soon forgets it." The reference is to the accuser.- Cui dolet memi- nit. "He to whom it occasions pain, long remembers the circum- stance," i. e. he that is condemned. 66 12. L. Murenae provincia. Transalpine Gaul, of which he had charge after his praetorship.—Multas bonas grutias, &c. Brought with it many opportunities of conferring important favours, together with the highest reputation to himself." 13. Dedit ei facultatem liberalitatis "Put it in his power to exercise indulgence," i e. in excusing some from military service. The state of public affairs (respublica) allowed him this opportunity. 14. Quae municipiis, &c. "Which are composed of the muni- cipal town of Umbria."-Ipsa autem in Gallia. This is the very neat emendation of Ernesti, in place of the common reading ipse autem in Gallia. The province of Gaul is here opposed to Umbria, through which he was proceeding to the former. 15. Ut nostri homines, &c. "He enabled our countrymen by his equity and application to recover sums of money which were by this time despaired of," i. e. debts considered by this time as des- perate. This result was brought about by mild and yet effectual CL L. MURENA. 413 Page. remedies on the part of Murena, so that he often made both parties, 114 and not merely the creditor, his friends. 16. Scilicet. "It is true."—Fateor. "This I am willing to allow."-Nonnullorum amicorum, &c. The zeal of such friends cools because their patrons, by refusing a province, have put out of their hands the means of being serviceable to their followers and dependants. 17. Disparem fortunam. the affairs of a province." Sulpicius declined altogether going to his. 18. Amisso jam tempore. "The occasion having now gone by." Compare Manutius : "Cum praeterierit occasio."-Re integra. "While the matter was as yet undetermined," i. e. before the elec- tion took place. 19. In iis rebus ipsis, &c. Referred to immediately after. “Primum accusandi terrores, &c. The part Sulpicius here acted was no doubt a patriotic one, and showed "a spirited senator," but it was not that of "a politic candidate." 20. Accusandi terrores el minae, &c. Referring to the language of Sulpicius, before the comitia had taken place, and while private canvassing was going on. He expressed, it seems, his firm de- termination to impeach any one of his competitors who should have recourse to bribery. Cicero says that this course showed the man of spirit, but it led the people to expect that he would fail in his election, because he acted as if he had lost all hope of success, and it made his friends, also, less zealous in his behalf. Unequal good fortune as regarded Murena held an important province. " 17. Sic statuo. "I maintain this." The literal idea of statuo, when taken in this sense, is to set or place a thing in a particular position, with the determination of keeping it there as far as we may be able. 18. Ut idem, &c. "That the same individual can, with suf- ficient diligence, prepare the materials for an impeachment, and ar- range an application for the consulship," i. e. at one and the same time.-Adornare accusationem literally means, to furnish or supply an accusation with what may be requisite for its success. 19. Unum. "The weight of merely one of these." 1. Cum te de curriculo, &c. "When you turned off from 116 the career of a candidate." Curriculum properly denotes a chariot- 416 ORATION FOR Page. 116 course, or race, and is here figuratively applied to the contest for the consulship. 2. In istam accusandi denuntiationem. "C 'Upon that announce- ment of your intention to accuse."-In ista ratione. "In that employment," i. e. in getting ready the materials for an impeachment. 3. Legem ambitus, &c. "You earnestly solicited a law against bribery; although there was one already for you," i. e. although there was a law of this nature already in existence, namely the Calpurnian. 4. Erat enim, &c. "For there was the Calpurnian, couched in terms of very great severity." Passed A. U. C. 686. Compare chapter 32, and consult Legal Index. 5. Gestus est mos. 'Regard was paid." More literally, "obe- dience was paid," i. e. a new law was passed, as you entreated. This new law against bribery was the Tullian, proposed by Cicero himself, and which inflicted, in addition to the punishments ordained by the previous laws on this subject, the penalty of ten years exile. Consult Legal Index. 6. Sed tota illa lex, &c. "Now that whole law would per- haps have armed your accusation with new terrors, if you had had an accused person to deal with, who was actually guilty as it was, however, it only served to oppose your application for the consul- ship," i. e. if you had had a real offender to impeach, and not Murena, the Tullian law might have done some good, in making your accusa- tion the more formidable, and his punishment the more severe. But, having only an innocent man like Murena to threaten with the penal- ties of that law, you merely injured your cause with the people, who regarded your conduct toward my client as the offspring of a vin- dictive spirit. 7. Gravior. He means more severe than that already prescribed by the Calpurnian and other laws.-In plebem. Referring to those of the common people, who should suffer themselves to be corrupted by any candidate. 8. Commoti animi tenuiorum. "The minds of the lower orders were alarmed." The consequence was that he lost their votes. 9. Exsilium in nostrum ordinem. "The penalty of exile was entreated by you against our own order," i. e. against those senators who should be guilty of bribery.—Concessit. The punishment of ten years exile was ordained. (C 10. Sed non libenter, &c. "But it was with reluctance that, in accordance with your suggestion, they decreed greater severity against the order at large." Literally, "they unwillingly established a harsher condition for our common fortune."- Fortunae communi L. MURENA. 417 Page. refers to the common condition of the order, and not, as some er-116 roneously explain it, to the lower classes of the people. We must supply omnium senatorum after fortunae communi, as Sylvius does. 11. Morbi excusationi, &c. "A punishment was annexed to every excuse of illness." The allusion here is extremely doubtful, and we have nothing to guide us but mere conjecture. Manutius thinks, that Servius got a law passed with the consent of the senate, ordering all persons to be present at the consular comitia, and directing, that the excuse of illness should not be received, to ac- count for a person's absence, but that he should be punished for non-attendance. Ernesti, however, gives a more reasonable inter- pretation. He thinks that the enactment in question was aimed at the judges, witnesses, and others, whose presence might be deemed of importance in a trial for bribery. These were punished if they stayed away, and the excuse of illness was not taken. The object of the law was to guard against any improper collusion, which might defeat the ends of justice. 12. Voluntas offensa multorum, &c. "The friendly feelings, which many had entertained towards you, were hurt at this, since they must either exert themselves to attend court to the detriment of their health, or else, in addition to the evil of illness, the other advantages of life must be abandoned by them," i. e. the other ad- vantages of life besides health.-From the language here employed by Cicero, Ernesti thinks, that the penalty to be inflicted on those, who gave the excuse of illness, was an exclusion from office and from the other rights and privileges of citizens. 13. Haec quis tulit? "Who proposed the law enacting all this?" Literally, "who proposed these things?" The answer of course is Cicero himself. From this passage it would appear, that all the enactments which have just been enumerated by Cicero, were contained in the provisions of the Tullian law. 14. Is qui, &c. Cicero, as consul, proposed the law in question to the people, in accordance with the direction of the senate and the wishes of Sulpicius, although he himself by no means approved of the measure. Hence we have adopted Schütz's emendation, que minime probarat, in place of the common reading cui minime prod- erant. Ernesti retains the common lection, but condemns it in his notes as incorrect. Vulgatum quidem verum non est. Ciceroni quidem ista non nocebant, aut nocere poterant." 15. Illa, quae mea summa voluntate, &c. "Think you that the following, which a crowded senate rejected to my very great satis- faction, were only moderate impediments to your application for the consulship?" Literally, "opposed you in a moderate degree." (( 418 ORATION FOR Page. 116 16. Confusionem suffragiorum. “A promiscuous intermingling of votes." The usual arrangement at the comitia centuriata, was for the centuries of the first class to give their votes in order, and then the centuries of the other classes, after them. This was favourable to bribery; for if a majority of votes had been purchased in any century, it could easily be ascertained by the vote of that century, on the day of election, whether it had fulfilled its share of the bargain or not. In order to prevent this, Servius proposed to the senate, that all the votes of all the centuries should be consider- ed as thrown into common, that is, that the old order of calling up the centuries in succession should not be observed, but that the in- dividual citizens should be called upon for their votes, in no regular order whatever, but as it were confusedly. Hence the expression confusionem suffragiorum. Two advantages would result from this new arrangement. First, it could not be ascertained how a par- ticular century voted, the different individuals composing it being scattered throughout the great body of voters; and in the next place, the vote of each citizen counted equally, which was not the case under the old system. Compare note 17, page 71.-The senate rejected the proposition. 17. Prorogationem legis Maniliae. "An extension of the Manili- an law," i. e. which amounted in fact to an extension of the provisions of the Manilian law. By prorogatio legis is meant the extending of the provisions of a law, so as to make these same provisions apply in some other case, not originally contemplated by those who passed the law in the first instance.-Servius had not asked for an exten- sion of this law, but Cicero, in order to excite some degree of odi- um against the latter, says that his proposition about blending the votes was equivalent to an extension of this statute. The Manilian law, here alluded to, was proposed by the same Manilius, who brought forward the other law of the same name, for investing Pom- pey with the charge of the Mithridatic war. The Manilian law, which we are at present considering, however, allowed freedmen to vote in all the tribes, whereas, previously to this, they voted in some one of the four city-tribes only. This law was very unpopular with the upper classes at Rome, since it made the freedmen equal with the free citizens, and the favour of the former would have to be sought as carefully at elections, by the haughty patricians, as that of the latter. (Ascon. in Or. pro Cornel.) Now the proposition made by Servius, about confounding together the votes, would have had the effect of making the votes of the lowest of the people equal to those of the highest, and in this sense Cicero says it would have been in fact an extension of the Manilian law, which made the votes L. MURENA. 419 Page. of freedmen equal to those of freemen. This is merely said, how-116 ever, to bring Sulpicius into odium with those who regarded the Manilian law itself in so unfavourable a light. 18. Aequationem gratiae, &c. "An equalizing of influence, of rank, of suffrages." Such would have been the result, according to Cicero, of the proposition of Servius; amounting, in effect, to a perfect levelling system. 19. Homines honesti. "Men of honourable standing.”—Gratiosi. "Of influence." 20. Dignitatis et gratiae. "Of rank and influence." By dig- nitas is here meant the degree of consideration in which an individ- ual would be held, who had exerted his influence in favour of any particular candidate, in case that individual were elected to office; and gratia denotes the influence so exerted. Compare Manutius, ad loc. 21. Idem editicios judices, &c. You likewise wished, that the judges should be named by the parties." The Judices, or “judges,” as the term is accustomed to be translated, were in fact a kind of jury, though far more numerous. They formed a species of council, over which the praetor presided, and were called his assessores. In ordinary cases, they were chosen by lot. But sometimes the law allowed the accuser and defendant to select them, in which case they were said judices edere, and the judges themselves were called editicii. Thus, by the Servilian law against extortion, the accuser was ordered to name 100 from the whole number of persons who were liable to be called upon as judices for that year, and from that 100 the defendant was to choose 50. By the Licinian law, de soda- litiis, the accuser was allowed to name the judices from the people at large. Whatever checks there might be on this strange practice, we should view it at the present day as one of the surest means of subverting all justice.-Servius wished, according to Cicero, this mode of selecting judices to be extended to trials of bribery, and the latter immediately after states the evil that would have resulted from such an arrangement. 22. Ut occulta odia, &c. "In order that the private animosities of citizens, which are now confined within the bounds of silent dis- like, might break forth," &c. Cicero means, that, if an accuser were to be allowed to select the judices, it would be a very easy matter for persons to accuse and effect the condemnation of illustri- ous individuals, who chanced to have incurred their hatred. << 23. Adipiscendi obsaepiebant. They obstructed that of attain- ing to the consulship." After adipiscendi supply consulatum. 24. Ex omnibus illa plaga maxima. "That greatest of all 420 ORATION FOR Page. 116 wounds," i. e. that mortal blow.-Hortensio. Hortensius and Crassus were, as has already been remarked, engaged on the same side with Cicero in this case. 25. Durior locus dicendi. "A more difficult task in speaking." 117 1. Ego in extremo, &c. "I, in closing, should not have to handle merely some particular part of the case, but to state what- ever might seem fit to me, respecting the affair at large," i. e. I, as the closing speaker, when Hortensius and Crassus have gone over the whole case with so much ability, should be compelled to follow in the same track, and not be allowed to discuss merely some par- ticular head of this cause, although the latter arrangement would be easier for me, and certainly more agreeable to you. 2. Itaque in iisdem, &c. "Wherefore, I am now occupied with almost the same topics that they were, and, as far as lies in my pow- er, I strive to facilitate the decision which you in your wisdom will make." Cicero means, that, being compelled to go over the same ground which had been travelled by his predecessors, he endeavours to do this in such a way, that it may serve as a brief recapitulation of the most important points in the cause, and thus render their task the less burdensome in coming to a decision. -Lambinus found sapictati in one of his MSS., which has been found also in another, and hence conjectured satietati, so that occurro satietati, &c., will mean, "I strive to diminish as much as I can the satiety you must necessarily feel," i. e. having to go over the same topics, I do so as briefly as possible. There is a good deal to be said in favour of this reading, although it is condemned very decidedly by Ernesti, and is followed by a very few. Ernesti, however, is wrong in the explana- tion which he gives of the whole passage, as may be seen from the remarks of Schütz.-The verb occurro, it must be remembered, is here used in the sense of juvo. 3. Quam le securim, &c. "What an axe do you think you laid," i. e. only think what an axe you laid. 4. Deposita atque abjecta petitione. "Your application for the consulship being given up, and cast aside as of no value," i. e. as quite hopeless. This retiring from the contest, on the part of Sul- picius, would cause Catiline's party to rally, and inspire them with the hope of success, and would alarm many lest that hope might be realized. These last would therefore throw the weight of their influence into the scale of Murena and Silanus. ▬ 5. Inquirere. "Collecting information."-Observationes. "Your investigations," i. e. your inquiries as to who had given and who re- ceived bribes. Compare Manutius: " Quis largiretur, quis ac- ciperet." L. MURENA. 421 Page. 6. Testificationes. "The depositions that were made.”—Se-117 ductiones testium. “The taking aside of witnesses,” i. e. the be- ing closeted with them, in order to arrange their testimony for the approaching trial. 7. Secessionem subscriptorum. "The consultations of the ac- cusers." Literally, "the going apart of the accusers." The principal accuser was called accusator, and those who joined in the accusation subscriptores, from their subscribing their names to the impeachment. << 8. Indicibus atque sicariis. By informers and assassins." Graevius finds it difficult to understand who are meant by "inform- ers" in this case. The answer is an easy one. They were false accusers and at the same time worthless persons, whom Catiline kept around him for the purpose of harassing and intimidating the good. Compare Ernesti, Clav. Cic. s. v. and Cicero's language respecting Clodius, (pro Sext. 44): Qui stipatus semper sicariis, septus armatis, munitus indicibus fuit." t 9. Collegae mei. Antonius. Compare Sallust, (B. C. 21): "Petere consulatum C. Antonium, quem sibi collegam fore spera- ret, hominem et familiarem," &c., and also, (c. 26): “Ad hoc col- legam suum Antonium," &c. 10. Arretinorum et Fesulanorum. Compare Or. in Cat. 2, 9. Quam turbam, &c. "Which crowd, most motley in its character, certain individuals, who had been sufferers by the calamities of Syl- la's times, served to diversify," i. e. one might see scattered through- out this motley group, and serving to make the contrast more con- spicuous, certain persons who had lost their all during the proscrip- tions of Sylla, and who were now, as desperate men, following a desperate leader. 11. Perculsi. The common text has percussi. But perculsi is the true reading. When speaking of the blow of calamity, where the mind and feelings are of course involved, the Roman writers use percello; when referring to mere bodily injury they employ percutio. Hence the distinction which Bentley lays down, ad Horat. Epod. 11, 2, that percutere is the weaker term, and denotes merely to strike, whereas percellere means "to stun," "to prostrate" as it were. 12. Domi conditus. "Laid up for him at home." A forcible expression. The consulship appeared to Catiline to be as fully in his possession as any article of property under his own roof, and all that remained for him to do was to put forth his hand and take it when the occasion required. 13. Accusatorem suum. Because Sulpicius had declared his 36 422 ORATION FOR Page. 117 intention to bring to trial every one who should employ improp- er means in canvassing for the consulship. 14. Reipublicae. "Of the public welfare." -Factus esset. Supply consul. 15. Percrebuissent. "Had spread abroad."-In concione domes- tica. At the house of Laeca. Or. in Cat. 1, 4. 16. Eum, qui ipse miser esset. Alluding to himself. The student will mark the use of the subjunctive here by Cicero, who is quoting the sentiments and language of Catiline. So negrasset in the previous clause. "Of those who were unin- 17. Integrorum et fortunatorum. jured and fortunate.” Meaning the upper classes and the wealthy. Integrorum is here opposed to saucios, and fortunatorum to miseros. 18. Consumpla replere. "To repair their exhausted fortunes." -Erepta. "What had been wrested from them," i. e. by the op- pression and power of the aristocracy. Compare Catiline's speech in Sallust, (B. C. c. 20): Itaque omnis gratia, potentia, honos, divitiae apud illos sunt," &c. 118 1. Referente me. "On my motion." More literally, “I re- ferring the matter to them for their consideration." Cicero, as con- sul, laid this subject before the senate. Compare, as regards the af- fair to which he alludes, note 5, page 3. 2. Catilinam excitavi. "I called upon Catiline." The literal force of excitavi, "I caused to rise," has reference to the custom that prevailed in the Roman senate of a member's always rising when he had any remark to make, and his remaining up until he had finished the observations he had to offer. "" " 3. Apertissimus. Very open in his declarations."—Indicavit atque induit. "Owned the charge and plunged into the very midst of the snare.' Indicare differs from confiteri in denoting a volun- tary and ready confession. Compare the remark of Donatus, (ad Terent. Adelph. prol. 4): "Indicat is qui de sc volens aliquid, et de aliis etiam, prodit: sed confitetur, qui de se tantum, et qui in- vitus."—With regard to induit, in this passage, it may be remarked, that it is a metaphor taken from the deer plunging into the nets set for it. Catiline plunges into the very midst of the danger, boldly and fearlessly, although he sees it full before him. Compare Or. in Verr., (4. 42); "Videte in quot se laqueos induerit, quorum ex nullo se unquam expedirct." 4. Duo corpora, &c. Compare note 5, page 3.-Unum debile, &c. The first of these denotes the senatorial party with Cicero at its head; the other the advocates for a change of affairs, who Catiline promises shall not be without a head. (C L. MURENA. 423 Page. 5. Congcmuit senatus frequens. "A crowded senate broke 118 forth into one groan of indignation." The student will note the force of the compound verb.-Pro rei indignitate. “Considering the indignity of the insult." 6. Tum erupit e senalu, &c. What the senate decreed against Catiline, on this occasion, does not appear, but most probably from the words here employed, and from his going to the Campus Martius as a candidate, no measures of any importance were taken against him. Dio Cassius, indeed, says that he did not venture to persist in his application for the consulship, being deterred by the law which had been passed against bribery, but Sallust (c. 26) merely remarks that his application proved unsuccessful. Plutarch states express- ly, that he stood for the consular office on this occasion. Cic. c. 14.) (Vit. 7. Paucis ante diebus. Sallust states that Catiline uttered the threat here alluded to on the occasion of Cicero's first oration against him. Cicero's authority, however, is of greater weight, and he gives the same account in his Orator, 37, 129. Florus and Vale- rius Maximus agree with Sallust. 8. Sed ruina. "But by ruins." Alluding to the custom of stopping the progress of a fire, when ordinary means fail, by de- molishing the buildings in the vicinity. Non quae 9. Et cum illa lata, &c. Compare note 3, page 5.———Non me tegeret. "Not that it might protect me." When Cicero says that Catiline aimed only at the head and neck of his victims, he must be understood as alluding figuratively to his cruel conduct during the proscription of Sylla, when the heads of their political antagonists were brought in by the assassins of party. Consult Historical Index, s. v. Catilina. 10. Remissiorem. "Relaxing your ardour." 11. Magna est autem, &c. This appears at first view harsh La- tinity, since two epithets are seldom if ever employed, unless one of them come in as a participle. Magna, however, is not in fact an epithet of inclinatio, but a predicate of repentina inclinatio. "Of great importance is a sudden turn of popular feeling," &c. Com- pare Ernesti ad loc. 12. Ad virum bonum. Such as Murena is.-Multis aliis adju mentis, &c. These are enumerated immediately after. 1. Modestissima. "Characterized by the utmost self-control."119 -Legatione. "His lieutenancy under Lucullus." 2. Praetura probata in jure, &c. The praetorship of Murena is here considered in its three different aspects, the dispensing of jus- tice, the exhibiting of public shows, and the province that followed. 424 ORATION FOR Page. 119 Render, "approved of as regarded the discharge of its judicial duties, acceptable for the public shows connected with it, supplied with every thing requisite as regarded the province that succeed- ed." By ornare provinciam is meant, to supply a province with every thing that may tend to give it efficiency in its several opera- tions, and consideration in the eyes of those who come under its jurisdiction. Compare the explanation of Facciolati: "Ornare pro- vinciam est, ex Senatus consullo decernere certum militum numerum, et iis stipendium, item viaticum in legatos et comitatum, terminare ipsius provinciae fines, jurisdictionis formam modumque praescri- bere, et hujusmodi alia, quae honori et ornatui erant tum provinciae ipsi, tum magistratui eam regenti." Consult also Ernesti, Clav. Cic. s. v. ornare. 3. Perpurgatus. "Fully cleared up.”—Ab iis qui ante, &c. Referring to Hortensius and Crassus. 4. Postumius. Associated in the accusation with Sulpicius and Cato. Consult Introductory remarks. 5. De divisorum indiciis, &c. Concerning the disclosures made respecting the distributors of bribes, and the sums of money that had been seized in their hands." The divisores were persons employed by the candidates to distribute bribes. This, though illegal, was often done; and was practised, on one occasion, against Caesar, with the approbation of Cato himself. 6. Ser. Sulpicio. Son of Sulpicius, the accuser, and one of the subscriptores. Compare Manutius : Compare Manutius: "Quis non intelligit, Ser. Sulpicii filium significari? qui et cum Postumio et Catone, patri, Murenam accusanti subscripserat.' "" แ 7. De equitum centuriis. These are centuries that composed the whole body of the equites. They were eighteen in number, and voted in the first class. If unanimous in their agreement with that class, the election was decided. (Compare note 17, page 71.) Hence the importance attached to their vote by the respective can- didates. L. Natta, Murena's step-son, had invited them to a ban- quet, and this was alleged to have been done with the view of se- curing their vote. "From the pursuits of ambition.". 8. A studiis ambitionis. Secuti sunt. "Have courted." 9. Neque hujus eventum fortunamque. "Nor the fate and con- dition of my friend," i. e. the hard lot which is his. 10. Unum adscendere gradum, &c. The father, the grand- father, and others of the progenitors of Murena, had held the office of praetor; but the consulship had not hitherto been attained to by any of the family. L. MURENA. 425 Page. 11. Ea quae relicta, &c. The honourable name left him by his 119 fathers. Haec quae ab ipso, &c. The honours conferred for pre- vious services rendered to his country by Murena himself, exclusive of the consulship. 12. Propter studium novac laudis. "On account of his eager pursuit of a new honour." Literally, "of a new source of praise." The reference is to the consulship. Compare note 10.-Veteris fortunae. The honours he had enjoyed previous to the consulship, and which have already been alluded to, in the words "haec quae ab ipso parta sunt.” 13. Odio inimicitiarum. Through the hatred engendered by private animosity.”—Qui studio accusandi, &c. Cicero means, that Murena's old friends have, through their ill-timed and misdirec- ted zeal for impeaching, been induced to become his accusers. 14. Non injuria L. Murenae, &c. "Not by any personal injury received from Licinius Murena, but by a contest with him for pre- ferment." • "" 15 Paternus amicus. "An hereditary friend," i. e. whose father and Murena's had been friends. The sons inherited the friend- ship of their parents.--Some commentators make Postumius him- self a friend of Murena's father, and translate paternus amicus his father's friend." This, however, cannot be correct, since Postumius was younger than Murena the son. 16. Qui necessitudinis, &c. "Who has assigned in fact very many grounds for intimate friendship between them, has been un- able to mention a single one for enmity," i. e. in all that he has said on this part of the subject, Postumius has only shown the more clearly that he and Murena were intimate friends, and consequently that he ought not to be here as his accuser. 1. Ser. Sulpicius. Son of Sulpicius the accuser.--Sodalis 120 filii. "The companion of his son," i. e. of Murena's son. The son of Sulpicius and the son of Murena the accused had been com- panions. << 2. Cujus ingenio, &c. By the exercise of whose talents all his father's friends ought only to be rendered the more safe." The reference is to the son of Sulpicius, who ought not, according to Cicero, to be here accusing, and endangering the safety of an old friend of his father's, but ought rather to exert himself in behalf of that friend. The reproof is extremely delicate. The son of Sulpicius, when he finds his father at variance with an old friend, ought to do his best in order to reconcile them to each other. 3. Alienus. Enstranged in feeling."--Multis etiam alienis- simis. "To many who were even the merest strangers to him," ** 36* 426 ORATION FOR Page. 120 i, e. of whom he knew nothing at all.—Exitio. "Detrimental." The heathen doctrine of doing our utmost to retaliate upon and in- jure our private foes, needs, of course, no comment here. (6 4. Qui, nescio quo pacto, &c. Who, I know not how it is, seems to me, being himself a candidate for the praetorship, to run full against a competitor for the consular office, just as if a vaulter on horseback should leap into a four-horse chariot."-Postumius, himself a candidate for the praetorship, desists from his own can- vass, turns off, and accuses one of the competitors for the consul- ship. This is strange enough. Why did he not rather accuse some one of his own rival candidates, and not interfere in a case where his presence was unnecessary? This is the same, remarks Cicero, as if a vaulter in the sports of the circus, who is accustomed to leap from the back of one horse to that of another, should on a sudden vault from a steed into the seat of a chariot. What has such a vaulter to do with a chariot ? And what has Postumius to do with the present impeachrnent ?With desultorius supply eques. The desultorius, or, as he was more commonly called, desultor, leapt from one horse to another as they were both proceeding at full speed. 5. Cujus competitores, &c. "If his competitors have been guilty of no act of delinquency, he yielded to their superior merit, when he desisted from being a candidate; but if, on the contrary, some one of them has been guilty of bribery, then it seems some friend is to be sought to prosecute another's injuries rather than his own. All this is said to show that Postumius has nothing what- ever to do with the present impeachment, and ought to be away. If he yielded to his own opponents for the praetorship, because their claims to personal merit were superior to his, for the very same reason he ought not to be here accusing Murena, since the merit of the latter is equal to that of Sulpicius. If, on the other hand, he abandoned his own canvass because some one of his competitors had been guilty of bribery, and he left it to some one of his friends to prosecute this offence, when he ought to have done it in person, in this case also, he should not have taken part in the present im- peachment, because the man who cannot advocate his own rights, is a very unfit person to appear as an advocate for those of another. >> 6. Venio nunc. The replies to Postumius and the younger Sul- picius do not appear in the MSS., and their absence is indicated, in our text, by the asterisks after persequatur. It has been thought by some that they were suppressed by Cicero himself, in the copies of the speech prepared by him and published. The younger Pliny re- fers to this oration with several others, in one of his letters, (1, 20,) L. MURENA. 427 Page and remarks: “Ex his apparet illum permulta dixisse; cum ede-120 ret, omisisse."—Cicero wrote down his speeches after delivery, and does not appear to have prepared them in writing beforehand. Com- pare what he himself says, on this subject, (Tusc. 4, 25): “Jam, rebus transactis et praeteritis, orationes scribimus." 7. Quod est firmamentum, &c. "And this forms the main sup- port and strength of the whole accusation," i. e. Cato's weight of character makes Sulpicius and his friends regard this as the strong- hold of their case. 8. Qui tamen, &c. "Who, notwithstanding, is so powerful and vehement an accuser, that I fear his weight of character far more than his accusation." The peculiar force of ita is lost, however, in a literal translation. A paraphrase will convey Cicero's meaning more clearly: "Who, notwithstanding the heavy and vehement at- tacks which he has made against Murena on the present occasion, appears to me far more formidable for his general weight of charac- ter, than for any thing he has alleged against my client. 9. In quo accusatore. "In the case of this accuser," i. e. as far as this accuser is concerned.--Illius. Referring to Cato.- Expectatio tribunatus. Cato was then tribune elect. T 10. P. Africanus. The younger of this name. 11. In ipso imperio, &c. The pronoun ipso is not expressed in some MSS., and early editions. It appears, however, in the best modern editions, and imparts force to the clause. 12. L. Cottae profuisse. This prosecution is also referred to in the oration for Fonteius, c. 16, and in that against Caecilius, c. 21. Some farther details are given by Valerius Maximus, 8, 1, 11, but the same reason is assigned for his acquittal, although, to quote the words of the last-mentioned writer, "gravissimis criminibus erat confossa." 13. Cadere in judicio. Compare note 3, page 100.-Abjectus. "Borne down." Abjectus is here equivalent to dejectus or pro- stratus. Compare (Cic. in Verr. 7. 54): “ Ad tribunal ante pedes tuos, ad terram virgis et verberibus abjectum ;" and (Senec. de benef. 5. 3): “Luctator ter abjectus perdidit palmam.” 14. Ser. Galbam. Servius Sulpicius Galba was accused by L. Libo, a tribune of the commons of having slain a large number of the Lusitani, in violation of his own plighted word. He was an an- cestor of the emperor Galba. Valerius Maximus says, that, having assembled the inhabitants of three cities of Lusitania, under the pretext of conferring with them in relation to their common interests, he disarmed them, and seized nine thousand of the flower of their youth, whom he partly slew and partly sold as slaves. (Val. Max. 428 ORATION FOR Page. 1208, 6, 2.) Suetonius (Vit. Galb. 3) says, that he massacred thirty thousand, and that this was the cause of the war of Viriathus. (Compare Oros. 4, 21.) Libo applied for a bill, the object of which was to bring Galba to trial before the people, although he was not expressly named in it. Cato, then at a very advanced age, sup ported the passage of this bill, and a short time before his death pro- nounced a long oration against Galba, which he inserted in his work entitled Origines. (Cic. Brut. 23.) 15. Eripuit. In his Brutus, c. 23, Cicero ascribes the acquittal of Galba to the commiseration felt by the people at the sight of the young children of Galba, who were brought into public for this pur- pose; and he quotes Cato to the same effect: Isque se tum eripuit flumma, propter pueros misericordia populi commota, sicut idem scriptum reliquit Cato." Compare also Cic. de Orat. 1, 53, where some more details are given of this same transaction. "C Looking far into the 121 1. Multum in posterum prospicientes. future for the good of a coming age." 2. Nolo accusator, &c. "I do not like an accuser to bring with him to trial any degree of power, nor any greater force than ordinary, nor any superior weight of character, nor too extensive influence." 3. Valeant haec omnia, &c. "Let all these things have their full force for the safety of the innocent," &c., i. e. when exerted for the safety, &c. "If he had not previously 4. Nisi prius de causa judicasset. judged this cause in his own mind." 5. Judicium accusatoris, &c. "That the judgment passed by an accuser upon the accused ought to operate as a judicial precedent against him." By praejudicium is meant a judgment or sentence which affords a precedent to be afterward followed. Compare As- conius, (in Or. contra Caecil. c. 4): "Praejudicium dicitur res, quae cum statuta fuerit, affert judicaturis exemplum, quod sequantur.” 6. Tuum consilium. "Your determination in the present case," i. e. to turn accuser against Murena.-Propter singulare animi, &c. "On account of the high opinion I entertain," &c. 7. Conformare et leviter emendare. "To mould and slightly amend it." Cicero means to say, that although his high respect for Cato prevents him from blaming his conduct, still he has a little re- proach to make against him. 44 8. Non mulla peccas, &c. You do not often go wrong, says the aged preceptor in the play to a very valiant hero, but when you do, I am able to set you right." These words are thought to have been quoted by Cicero from some well-known play of En- nius or Attius, where Phoenix, the governor of Achilles is conver- -་ L. MURENA. 429 Page. sing with and imparting instruction to his pupil.-Ille senior magis- 121 ter. We have endeavoured to express the peculiar force of the pro- noun ille in this clause. Its literal meaning is "that well-known," i. e. he that is known to all from the play that we have seen so of- ten represented. 9. Ut corrigendus, &c. "As to appear to require to be made straight, rather than to be only slightly bent," i. e. as to stand in need of correction rather than gentle admonition. Corrigere is to straighten what is quite crooked; inflectere to bend back to a straight form what is only a little curved, and what therefore requires only a slight degree of inflection to restore it to its previous state. 10. Accessit istuc. The common text has accessit his tot, where tot cannot possibly be correct. One of the MSS. has istuc which Ernesti commends in one of his notes. The peculiar force of istuc, as applying to the person who is addressed, makes the correction a very plausible one. 11. Nec mitis, &c. "Nor yet at the same time mild in its character, but as appears to me a little too harsh, and more intract- able than either truth or nature allow.' >> 12. Cum, &c. "In the presence of an illiterate multitude." Scheller has doubts respecting the correctness of this use of cum, and suggests coram in place of it. In his Latin Lexicon, however, he gives this as one of the meanings of cum, and quotes the follow- ing passage from Caesar, (B. G. 7, 47): “Legionisque decimac, quacum crat concionatus." All the MSS. of Caesar confirm this reading, but the editors have thought fit to substitute for quacum erat concionatus the lection qua tum erat comitatus. The author of the Greek translation of Caesar sanctions, however, the common reading, for he has πρὸς δ αὐτὸς ἑδημηγωρήκει. 13. Imperita multitudine. It is curious to observe how Cicero sometimes adapts his language to circumstances, and to the exigen- cies of the case in hand. The very same individuals, whom he here praises for their intelligence, he actually calls an illiterate class of persons, on another occasion, when he was no longer pleading before them. Thus, in the fourth book of the treatise de Finibus, c. 27, where he is supposed to be conversing in private with Cato, about the merits of the Stoic philosophy, Cicero remarks: "Non ego te- cum jam ita loquar, ut iisdem his de rebus, quum L. Murenam, te accusante, defenderem. Apud imperitos tum illa dicta sunt ; aliquid etiam coronae datum: nunc agendum est subtilius." On another occasion again, he even makes a precept out of this docility of the imagination, and lays it down as a rule, that the first duty of an orator is to please the people. (Brut. 50.) 430 ORATION FOR Page. 121 14. Studiis humanitatis. Compare note 16, page 48. 15. Hacc bona divina et egregia. "That these divine and ad- mirable qualities." Bona literally "goods," i. e. excellences.-Quae nonnunquam requirimus. The verb requiro is here taken in the sense of reprehendo. Compare Ernesti, Clav. Cic. s. v. and Schütz, Ind. Lat. 16. Fuit enim quidam, &c. The art with which Cicero man- ages to attack, not the character and authority, but the doctrines of Cato, has often been a theme of remark. He is highly praised for it by Quintilian, (11, 1, 68.) In the treatise de Finibus, (4, 27) already alluded to in a previous note, Cicero acknowledges that he had been too severe in his remarks on the Stoic sect. 17. Zeno. Consult Historical Index.—Cujus inventorum aemuli. "The followers of whose discoveries." Aemulus is here, not a rival, but a zealous follower. Compare Liv. 1, 28: " Quem juve- num aemulantium studia coetus habuisse constat," where H. Homer, in his Gloss. Liv. explains aemulantium by sequentium. So Ta- citus, Hist. 3, 81: "Musonius Rufus, Equestris ordinis, studium philosophiae et placita Stoicorum aemulatus.” 18. Stoici. The name is derived from the porch (oroà) where Zeno was accustomed to lecture to his pupils. Hence "Stoics" are literally, according to the import of the term, "the men of the porch,” οἱ ἀπὸ τῆς στοᾶς. 19. Sententiae et praccepta. "The tenets and maxims." man. 20. Sapientem, &c. Cicero, in order to throw ridicule on the Stoic doctrines, advances here some of the extravagant assertions which the Stoics were accustomed to make respecting their wise For example, that he feels neither pain nor pleasure; that he exercises no pity; that he is free from all faults; that he is divine; that he can neither deceive nor be deceived; that he does all things well; that he alone is noble, great, ingenuous; that he alone is free; that he is a prophet, a priest, and a king; and the like. In order to conceive, however, the true notion of the Stoics concerning their wise man, it must be clearly understood, that they did not suppose such a man actually to exist, but that they framed, in their imagination, an image of perfection, towards which every man should constantly aspire. All the extravagant things which are to be met with in their writings on this subject, may be referred to their general principle of the entire sufficiency of virtue to happiness, and the consequent indifference of all external circumstances. ܕܕ 21. Gratia nunquam moveri. Because all external things are matters of indifference to him.-Nunquam cujusquam delicto ignos- cere. Because every fault, great or small is a deviation from the L. MURENA. 431 Page. strict and unerring rule of right reason, which must ever be most121 implicitly obeyed.-Neminem misericordem esse. To show pity is to let feeling triumph over reason, and external things have sway. 122 1. Solos sapientes, &c. "That the wise, even though they be most distorted in appearance, are alone beautiful; rich, though in the most abject poverty; though in the lowest degree of slavery, kings." All this follows from the Stoical premises of the indiffer- ence of external things. True beauty, riches and royalty are the beauty, riches, and royalty of reason and virtue.-Horace humor- ously ridicules these paradoxical vauntings. Sat. 1, 3, sub. fin.— Ep. 1, 1, 106. same root. 2. Si servitutem serviant. The accusative is often added to an intransitive verb, like an adverb, especially if the noun be of the The object of this construction is to impart force to the passage. Thus we have, besides the instance in the text, such forms as vivere vitam, somniare somnium, pugnare pugnam. In English, the construction is also found, "to live a life," "to dream a dream, &c. So in Greek, Biurai Bióv, &c. (Zumpt. L. G. p. 257, Ken- rick's transl.—Bultman, G. G. p. 360, Robinson's transl.) 3. Omnia peccata esse paria. According to the Stoic doctrine, every virtue being a conformity to nature, and every vice a deviation from it, all virtues and vices are equal. (6 4. Nihil opinari. "Assents to nothing without full conviction." Compare Ernesti, Clav. Cic. s. v. Opinari, h. e. rei incertae assentiri."-Sententiam mutare nunquam. This fellows of course, from his never making up his mind about any thing until the matter has become perfectly clear to him. 5. Auctoribus eruditissimis. The various writers on the Stoic doctrines, such as Zeno, Chrysippus, Cleanthes, &c.—Arripuit. "Has eagerly caught at."-Scd ita vivendi. "But of living in accordance with them." Ita literally, "in such a way" as they prescribe. 6. Petunt aliquid publicani? "Do the farmers of the revenue petition for some abatement ?" The allusion is to cases where the farmers of the public revenues have suffered in their contracts by reason of war, or any other calamity, and have requested some abate- ment in the terms of the agreement. These applications were made to the senate. It seems that such requests were very often nega- tived by that body, and that Cato's influence was very instrumental in producing such a result. The evil policy of this opposition to the wishes of the equestrian order, who were the farmers of the revenue, soon displayed itself. The equites applied to Caesar, when in power, for relief from a disadvantageous contract respecting the 432 ORATION FOR ליז Page. 122 Asiatic revenues, and that artful leader, by granting them the favour which they could not obtain from the regular authority, turned in effect the resources of the republic against itself, the disunion of the senate and equites only serving to strengthen the more his usurped power, and pave the way for the downfall of freedom. Compare Cic. de Off. 3, 22: Ego etiam cum Catone meo saepe dissensi. Nimis mihi praefractum videbatur aerarium vectigaliaque de- fendere, omnia publicanis negare, multa sociis." Consult also Heusinger, ad. loc. " 7. Cave quidquam, &c. "Take care iest favour have any weight with you." A wise man feels no favour or bias towards any indi- vidual. 8. Dixisti quippiam ? &c. "Have you said any thing? It is fixed and determined :" i. e. have you once said a thing, &c. A wise man does all things well, and whatever he once says cannot be improved. "" 9. Non re ductus, &c. "But you were influenced in what you said, not by a careful consideration of the case, but only by a casual opinion. This is supposed to be addressed to the Stoic, (repre- sented here by Cato,) in order to induce him to change his mind. The answer is, sapiens nihil opinatur. "A wise man never acts from mere opinion;" i. e. never assents to any thing uncertain in its nature, but is always guided by the unerring rules of reason. Opin- ions are liable to error, because they are based on what is merely speculative; the deductions of right reason are true and unalterable. 10. Errasti aliqua in re, &c. "You were wrong in something or other he conceives himself calumniated by the remark," i. e. does any one tell the Stoic that he has gone wrong in any particular matter? the latter is indignant at a charge which strikes at the very root of his peculiar doctrines, and he conceives himself calumniated and called a false Stoic. For a wise man can never go wrong. 11. Hac ex disciplina, &c. "From this system of philosophy we obtain the following results: I declared in the senate, says Cato, that I would impeach some consular candidate. O, but you said this, Cato, when you were angry. A wise man, replies he, is never angry." Cicero's object is to lessen the weight of Cato's charge against Murena, by showing that the former was induced to come forward as an accuser, not so much on account of any known crim- inality in Murena, as in obedience to the peculiar doctrines of his Cato accuses him, not because he had done any thing con- trary to law, but because the Stoic had declared, in the senate, that he was resolved to impeach some consular candidate. Any other person, not infected with the obstinacy of Stoicism, would, accord- sect. • L. MURENA. 433 Page. ing to Cicero's meaning, have made no scruple of owning, that he122 was angry when he said this, and therefore now chose to drop his design. But such an acknowledgment was by no means to be ex- pected from Cato, who would thereby seem to deviate from the gravity and firmness of a wise man. Murena, therefore, must be impeached, because the Stoics thought anger inconsistent with the character of a wise man, and Cato claimed that character as belong- ing to himself. 12. Dixi. On account of this form, in the present clause, Man- utius conjectures ratus dixi, in the succeeding one. But the emendation impairs the force and spirit of the passage. 13. At temporis causa. "Well then, you said it perhaps on account of the particular conjecture," i. e. this threat was uttered by you, perhaps, under particular circumstances; you were very probably engaged at the time in speaking for some friend.—The answer to this is in full accordance with the Stoic tenets: a wise man never deceives, never changes his opinion, &c. 14. Nostri autem illi. "Those masters of ours, however." Cicero here proceeds to show how directly opposite to the doctrines of the Stoics were the milder systems of philosophy from which he had culled his principles and rules of conduct. And he cites, in partic- ular, Plato, the founder of the Academic, and Aristotle the great head of the Peripatetic sect. 15. Valere aliquando. "Does sometimes exercise an influence." -Viri boni esse misereri. "That it is the part of a good man to show compassion." The substantive verb is emphatic in this and the succeeding clauses. 16. Hominem constantem. "One that is firm.' The idea in- tended to be conveyed by the clause is, that firmness of purpose is not inconsistent with clemency. 17. Saepe aliquid opinari, &c. “Oft-times hazards a mere opin- ion respecting that about which he knows nothing for certain," i. e. frequently contents himself with opinions, where he finds it impos- sible to arrive at absolute certainty. "" 1. Omnes virtutes, &c. “That all virtues are regulated by a123 certain degree of moderation," i. e. that moderation is an essential feature in the character of every virtue, meaning by moderation that barrier, beyond which we approximate to what is excessive and immoderate. This is nothing more than the well-known maxim of Horace, "Est modus in rebus," &c. There is a mean in all things. 2. Hos ad magistros, &c. "If, with those natural advantages that you possess, any lucky fortune had brought you to instructers such as these." 37 434 ORATION FOR Page. 123 3. Paullo ad lenitatem propensior. He would have had, ac- cording to Cicero, less of the austere and rigid character with which the Stoic doctrines had unfortunately invested him. 4. Pudentissimum hominem. The epithet pudentissimum, be- sides the idea of modesty, carries with it here the general one also of moral worth. (C 5. In ejusdem anni custodia. "Under the care of the same year." Cato would be tribune, and Murena consul, during the en- suing year.-Aliquo reipublicae vinculo. By some political tie.” 6. Seposuisses. "Would have put aside," i. e. would have suppressed. Instead of aut seposuisses aut Lambinus gives, on the conjecture of Hotomannus, aut si potuisses. 7. Praeceptorum. The Stoics.-Jam usus flectet, &c. "Ex- perience will one day bend, time soften down, age bring to milder views." 8. Paullo longius, quam natura vellet. It was this that made so many of the Stoics philosophers in words, rather than in actions. And hence their adversaries found so much room for satirical ridi- cule and invective against Stoical pride and hypocrisy. Nor is it surprising that this should have happened. For a system of philos- ophy, which attempts to raise men above their nature, must com- monly produce either wretched fanatics or artful hypocrites. (En- field's Hist. Phil. vol. 1. p. 322.) 9. Ut, cum ad ultimum, &c. "So that, although we should strive in thought to reach the farthest limit, we ought nevertheless to stop where it behooves us so to do," i. e. our desires should prompt us indeed to aim at the highest perfection, yet we should ever stop at the point marked out by reason.-The common text has opor- terel, for which we have substituted oportet, with Gruter and Grae- vius. 10. Nihil ignoveris. "Pardon nothing, you say." Cicero in this, and what follows, quotes several of the Stoic maxims, and subjoins his own replies. In other words, he proceeds to contrast the doctrines of Stoicism with those which he himself has pursued. The student will mark the use of the subjunctive as a softened form for the imperative. 11. Immo aliquid, non omnia. "Nay, indeed, pardon some things, not all." 12. Immo resistito, &c. "Nay indeed, resist favour, when duty and honour shall demand this," i. e. not so: resist it when it comes in contact with what duty and honour prescribe; some influence on other occasions. but allow it to have 13. Etiam; in dissolvenda severitate, &c. "Certainly; when, L. MURENA. 435 Page. for example, wholesome severity would be relaxed; but still there is 123 some praise attendant on the exercise of humanc feelings," i. e. it is certainly right, not to yield to compassion, in those cases, where, by so yielding we may relax a wholesome severity; but still, on many occasions, humanity is praiseworthy. 14. In sententia permaneto, &c. “Adhere to your opinion. True; unless some better one shall triumph over it," i. e. some more correct one, founded on a clearer view of the subject. 15. Scipio. The younger Africanus. Compare Cic. de Off. 2, 22, and Heusinger, ad loc.-Eruditissimum hominem. The Stoic Panaetius. He was not, however, a strict follower of all the doc- trines of Zeno, but seems rather to have borrowed opinions and sentiments with much freedom from philosophers of every sect. (Enfield, Hist. Phil. vol. 1, p. 360.) 16. Cujus oratione et praeceptis. "By whose converse and pre- cepts." Literally, "by whose language," &c. 17. Eadem. Not exactly, however. Consult note 15.-C. Laelio. C. Laelius, surnamed Sapiens, or "the wise," the well- known friend of the younger Scipio, as his father had been the friend of the elder. He was also a hearer of the Stoic Panaetius. 18. L. Philo. The common text has L. Philippo, but as L. Philippus was not remarkable for any great advances in learning and philosophy, Manutius conjectured L. Philo, which has been adopted by Beck, Matthiae, and Schütz. The reference will then be to L. Furius Pbilus. Compare Agr. 2, 24.-De Orat. 2, 37. (( 19. C. Gallo. C. Sulpicius Gallus. Consult Historical Index. 20. Catone. Cato the Censor.-Commodiorcm. "Milder." Compare Ernesti, (Clav. Cic. s. v) : Commodus, mitis, qui nec facile in rebus levibus, nec nimis irascitur." It has also the kin- dred meanings of "affable," "polite," obliging," &c., and appears analogous to the Greek εφάρμοστος. 99.66 21. Comiorem. "More unassuming in manners." Compare Ep. ad Fam. 4, 4.-Corn. Nep. Vit. Att. 3.-Graevius, Beck, and others give communiorem from some MSS. "More 124 1. Moderatiorem ad omnem rationem humanitatis. within due bounds as regarded all the social relations of life." 2. Te habere dixisti, "You told us that you had in him.". Est illud quidem, &c. "It is true indeed, that this example of his has been set up for you at your own home."- Naturae similitudo illius. "The resemblance of his natural endowments." 3. Comitatem et facilitatem. Unassuming and affable deport- The presence of comitatem here, as applied to Cato, is an argument in favour of the reading comiorem already referred to. ment." (C 436 ORATION for Page. 124 4. Ista. "Those qualities of yours.". Condita jucundius. 64 "More agreeably seasoned," i. e. more amiable. 5. Tolle mihi, &c. Away for me with the name of Cato from this cause: remove and pass by an authority, which either ought to have no weight at all in trials, or else ought to tend to the safety of individuals: join issue with me upon the charges themselves." The first part of this sentence is addressed to each individual who hears him, especially among the judices. The last clause, from congredere, is addressed to Cato.-Congredere, literally, action with," "enter the lists with." (C come to 6. Quid accusas. "What do you accuse him of.” guis. "What do you seek to prove?"—Non defendo. no defence to urge for such a crime," i. e. if your charge be true, I have nothing to say. But is it true? can you prove it so? 7. Me reprehendis, &c. "You blame me, for seeking to defend the very same offence which I have punished by a law," i. e. you blame me for defending bribery, when I myself proposed a law for the punishment of bribery. 8. Punivi ambitum, &c. Cicero here draws the proper distinc- tion. My law was for the punishment of the guilty, not of the in- nocent. Murena is an innocent man: therefore the law can never affect him. mere glosses. 9. Ambitum vero ipsum, &c. Cicero means, that to such a de- gree does he disapprove of bribery, as to be willing to turn an ac- cuser of it, along with Cato himself. 10. Si mercede corrupti, &c. "That if persons corrupted by a bribe should go to meet any candidate for office; if persons hired for that purpose should attend upon them; if at gladiatorial shows places had been assigned to the people gratuitously, and arranged by tribes; and also if entertainments had been given to the populace, all this seemed done in violation of the Calpurnian law." 11. Corrupti. Some of the Oxford MSS., and a few edi- tions have conducti. Both corrupti and conducti are probably 12. Locus tributim. -Quid ar- "I have Certain places might be assigned to certain individuals at the games, free of any charge. But this could not be done to the people by tribes, without incurring the suspicion of an attempt to bribe. Graevius ad loc. (C 13. Si facta sint. Only in case they have been committed." -Decernit quod nihil opus, &c. They decree what is not needed, when they comply with the wishes of the candidates them- selves." The candidates in this very election asked for this senatus-consultum. Of course, the senate could not be said to (( L. MURENA. 437 Page. have decreed against them, when it only decreed in order to please 124 them. 14. Nam factum sit, &c. "For the great question is, whether the act was committed or not. If it has been committed, then no one can doubt but that it is in violation of the law." Cicero insists, of course, that Murena has committed no act of bribery in the present case. 15. Atqui id decernitur. "Now, the decree in question is passed." We have given atqui, the conjecture of Pantagathus, as cited by Ursinus. The ordinary reading is atque. 16. Multi obviam, &c. Cicero supposes, that Cato here takes him at his word, and proceeds to show that Murena has employed bribery. The first charge is, that many persons went out to meet him, when he returned from his province to stand for the consul- ship. The reply is, that this is a very customary thing. 1. Eccui autem, &c. "For to whom do not persons go out, on 125 his returning from a province ?" 2. Quae fuit, &c. A second objection supposed to be made. "Yes, but who were that large concourse?" 3. Istam rationem reddere. that."-Quod nisi esset factum. i. e. had not numbers gone out to receive him. 4. Quod a consuetudine non abhorret. "What is not at variance with the custom of the day," i. e. what is fully sanctioned by usage. -Rogalos esse multos. "That many persons were invited to meet Murena." "To give you an explanation of "Indeed had this not been done," 5. Rogati. "On being invited so to do.”—Infimorum hominum filios: i. e. when candidates for office.-Prope de nocte. "While it is almost yet dark," i. e. even at the earliest dawn. are 6. Non esse gravatos. “Think it no trouble." Literally, not burdened," or "weighed down."-Hora tertia. Answering to our nine o'clock. The first hour commenced at six in the morning, according to our way of computing. 7. Omnes societates. "All the companies of the knights." These were the several companies or copartnerships of knights, who contracted as farmers-general of the provincial revenues. << 8. Tota nalio candidatorum. Candidates for the praetorship, aedileship, quaestorship, &c. They would all come out, in order to secure if possible the vote of so distinguished a new-comer. Hence they are said to allow no one to enter the city "without paying him some mark of respect," or in the words of the text, non honeste.' In this same sense is the epithet officiosissima applied to them. Compare note 11. (C ?? 37* 438 ORATION FOR Page. 125 9. Noster Postumius. An amusing hit. Postumius, one of the very accusers of Murena, happened to have swelled with his retinue the very crowd whose numbers are now regarded as a sure indication of bribery ! 10. Clientes. The clients of Murena are meant.-Tribules. "The members of his tribe." 11. Frequentiam in isto officio gratuitam. "That a disinterested concourse of friends, on such an occasion, has not only never been wanting to the merit, but not even to the wishes, of any individual.' -Officio. The term officium is often employed to denote any compliment paid to an individual, by going forth to meet him, es- corting him, &c. Compare the explanation of Ernesti, Clav. Cic. 8. v.: “Officium, honos qui ex more alicui, salutando, occurrendo, deducendo, sectando, &c., habctur." 12. At sectabantur multi. A new objection is here supposed to be started. "Aye, but a large concourse escorted him."- Very well," replies Cicero, "show that they did this for hire, and I will allow it to be an offence. But if this be put out of the question, with what do you find fault?" i. e. if you cannot show any bribery, why do you blame him for his numerous escort? 13. Quid opus est, inquit sectatoribus ? "What need is there of a train of followers ?" does such an escort answer? · Another objection. What good purpose 14. Quo semper usi sumus. Cicero refers not to himself par- ticularly, but to all candidates heretofore. This custom of having a train of followers had been long in general use among the Romans, and it was idle now to find fault with it. We may here quote the language of Cicero's brother, Quintus, in relation to the propriety of this usage: (( Qui autem tibi debent, ab iis plane hoc munus exige. Valde ego te volo, et ad rem pertinere arbitror, semper cum multitudine esse." 15. Homines tenues, &c. "Men of humble condition have in the aid thus lent, and in this species of attendance upon us during our applications for office, their only opportunity of conferring a favour upon our order, or of returning one already received." 16. Neque enim fieri potest, &c. The senators and equites cannot, from the press of public business and other matters, accom- pany their friends when candidates for office (suos necessarios can- didatos) during whole days together. This the lower orders can better do, and therefore there is no impropriety in their doing it. 17. A quibus si domus nostra celebratur, &c. "If our dwelling is only often visited by them, if we are occasionally escorted by them down to the forum, if we are favoured with one turn during L. MURENA. 439 Page. a walk in some basilica, we appear to be sufficiently respected and 125 honoured by them," i. e. we candidates cannot expect to have the senators and equites attending upon and escorting us all day long, as the lower orders do. It is a sufficient mark of respect and esteem on their part, and will answer precisely the same purpose, if they pay us frequent visits at our houses, &c. The inference from all this is, that they too would escort us if their affairs and engagements permitted them; and, consequently, that this same escorting carries nothing improper with it. 18. Basilicae. The Basilicae were spacious halls around the forum where the courts of justice sat, and public business was oc- casionally transacted. They were adorned with columns and por- ticoes. From the crowds usually assembled here, to take a turn or two with a friend, in one of these porticoes or piazzas, would be almost tantamount to escorting him about the streets of the capital. -The Basilicac took their name from their splendid construction, (quasi Bucidikaì croat,) and, when Christianity was introduced, many of them were converted into churches, while other churches were built after their model. Hence we find, in the early ecclesiastical writers, the term ẞuriin applied to a sacred edifice, and so basilica in Latin. Thus, "Mox, usa regni viribus, basilicam in loco Do- minicae passionis, et resurrectionis, et ascensionis constituit,” (Sulpic. Sev. 2, 2, 33,) and again, "In basilica Martyrum, extra oppidum sita." (Id. ibid. c. 38.) The term remains at the present day in the Italian language: “La basilica di San Pietro.' "The church of St. Peter." It means, in the Italian, a cathedral church, but is sometimes applied to a royal mansion, or princely palace, and is then equivalent to casa reale. "" 19. Tenuiorum et non occupatorum, &c. "That constant at- tendance belongs to well-wishers in humble life, and who are not occupied by the calls of business.” 126 1. Hunc fructum officii. "This fruit of their good offices." 2. Si nihil erit praeter, &c. If they shall have nothing to be- stow upon us except their mere vote, this is a thing of but little value; if, on the other hand, nothing except to support us by their interest, they really have none to exert." This passage is evidently corrupt. We have given Ernesti's reading as the best that offers. Schütz inserts alii after suffragentur, on conjecture, and opposes their own votes to those of others whom they might gain over, if they possessed any influence. With the second si, as we have given the passage, erit must be supplied, not nihil erit.—When Cicero says, that the mere vote of the lower orders was of little value, he alludes to the peculiar system of voting which prevailed 440 ORATION FOR Page. 126 at the comitia centuriata, where the balloting seldom reached the lower classes, and where of course their suffrages were of com- paratively little value. 3. Non dicere pro nobis, &c. "Cannot plead for us, cannot go surety for us, cannot invite us to their houses."-Spondere. Com- pare the explanation of Ernesti: " Spondere pro aliquo, est fidem suam interponere pro aliquo in re pecuniaria. Nam si quis pecuniam mutuam petebat, cui tuto credi non posse videbatur, petebat creditor ab eo, ut aliquem daret, qui solutum iri promitteret, h. e. sponderet." 4. Haec. "These services," i. e. pleading for others, &c. ܝ 5. Legi Fabiae. Very little is known about this law. Its object was to limit the number of followers that were to attend a candidate to the Campus Martius. The people, however, strenuously opposed it, and could he deterred by no penalties from this mode of expres- sing their regard for a candidate.-The distinction between the salu- tatores, deductores, and sectatores, is given by Quintus Cicero, de Pel. Cons. c. 9. 6. L. Caesare consule factum. The year previous, when L. Julius Caesar and C. Marcius Figulus were consuls. This was the year in which Cicero stood for the consulship. The practice of bribing was carried on so openly and shamefully by Antonius and Catiline, that the senate thought it necessary to give some check to it by a new and more rigorous law. But when they were proceed- ing with it, one of the tribunes, Q. Mutius Orestinus interposed. 7. Nulla est enim poena, &c. "For there is no penalty that can restrain the zeal of the lower classes from this long-established mode of testifying attachment." 8. At spectacula, &c. "But seats at the public shows were given to the people by tribes, and they were all invited to entertain- ments." We have here another objection of Murena's accusers, referred to by Cicero. 71 9. Morc el modo. "According to established usage, and in a "These investigations.' moderate manner."-Hae quaestiones. Compare Ernesti, Clan. Cic. s. v. : "Dicitur et quaestio de quali- bet inquisitione publica; Mur. 34; quaestiones in senatu habitae." 10. Punctorum. "Of votes." The Romans counted votes by points marked on a tablet. Compare pro Planc. 22: "Nonnullas tribus punctis paene totidem tulerunt." 11. Quo haec, &c. "When this, whether it be the result of ambition or of liberality, was not customary among us, namely, that a place," &c. Non fuerit, literally, "did not exist.” 12. Haec homines tenuiores, &c. A chasm occurs in the MSS., after assequebantur. The previous part of the clause is also very L. MURENA. 441 Page. probably corrupt. In the Wolfenbuttel MS., there is a vacant space 126 left for a line between the words tenuiores and qui. 13. Praefectum fabrum, &c. "That the praefect of the military artificers." This is in a great measure analogous to the modern station of "head of the engineer department," excepting that by fabri, in a military sense, the Romans meant actual artificers, rather than persons, who, like our modern engineers, planned and super- intended military works. According to Vegetius, (2, 11,) the legion contained various kinds of artificers: "Habet praeterea legio fabros lignarios, instructores, carpentarios, ferrarios, pictores, reliquosque artifices ad hibernorum aedificia fabricanda; ad machinas, turres ligneas," &c. 14. Dedisse. We may suppose this to be governed by notum cst understood. The corrupt state of the previous part of the text, as well as the lacuna in the MS., make the true government of de- disse, of course, altogether uncertain. 15. Qui tolas tabernas compararunt. "Who have prepared whole booths." These were intended as places from which the games could be seen with more advantage and convenience. 16. Haec sectatorum, &c. "All these accusations, Servius, about retinues, public spectacles, and entertainments, were ascribed by the multitude to your scrupulous exactness," i. e. all these mi- nute charges have only led people to believe that you are over-exact in finding fault. 17. Convince. "Aye, prove that," i. e. prove that, if you can, against Murena. 18. Doce. "Show me that Murena has done this." 19. Sed vulgo, passim. But indiscriminately, in every quarter. -What is indiscriminately?-All without any exception." 20. L. Natta. Already alluded to in a previous note. a member of the old Pinarian line, and Murena's step-son. 1. In equitum centuriis, &c. "Wished to become possessed 127 of influence among the centuries of equites, both with respect to this duty imposed by relationship, and with reference to the time to come." Cicero means, that L. Natta, by the entertainment which he gave to the equites, merely discharged the ordinary duty of a relative towards Murena, and sought, at the same time, to establish his own interest and popularity as regarded some future application for office. He was 2. Ejus vitrico fraudi, aut crimini. "A source of injury or of accusation unto his step-father." Fraus is here used in its old sense, as equivalent to poena or detrimentum. 3. Virgo Vestalis. Besides other privileges, the Vestal virgins 442 ORATION FOR Page. 127 had the singular one of being present at the gladiatorial combats. For this purpose, they had seats allotted them in front, in a conspic- uous place; and the charge referred to in the text was, that one of them, a relation of Murena's, gave up her seat to that individual, in order that he might bestow it on some third person, whose vote he wished to gain by this act of courtesy. Compare Ernesti, ad loc. 4. Gladiatoribus. Equivalent to cum ludi gladiatorii fierent. It would not have been correct Latinity to have said locum gladiatorium. 5. Non et illa, &c. "Did both that female not act in the way that affection demanded, and is this friend of mine not far removed from all kind of censure ?" 6. Omnia haec, &c. "All these things are merely the duties of friends, the means of gratification on the part of the lower orders, the privileges of candidates." 7. Austere et Stoice. Austerely and like a Stoic," i. e. with all the austerity of a Stoic.-Verum. Right and proper." Verum is here equivalent to aequum.-Allici benevolentiam cibo. "That favour should be conciliated by food." Benevolentiam, literally, friendly feelings," "well-wishing." 8. Judicium hominum, &c. "The decision of individuals in assigning offices of magistracy," i. e. the votes at elections. 9. Quippe, inquil, &c. "For do you, pray, asks he, seek for," &c. We have paraphrased mihi in order to adapt it to our own idiom. Compare note 9, page 104.-Fovendis sensibus. "By pam- pering the senses. << 46 10. Utrum lenocinium, &c. "Were you seeking for some im- pure gratification from a herd of effeminate youth," i. c. invited by you to an entertainment. Compare, as regards lenocinium, the remark of Ernesti, Clav. Cic. s. v. 'Lenocinia corporum, sunt res quibus corpus suaviter afficitur." 11. Horibilis oratio. "Horrid speech!" Uttered ironically.- Sed eam usus, &c. "But our usages, our mode of life, our man- ners, our political institutions themselves reject it," i. e. furnish a direct refutation. 12. Auctores istius vitae atque orationis. "The authors of that mode of living and speaking which you have adopted." The stu- dent will note the force of istius here, as applying to Cato, the person addressed.—Qui quotidianis epulis, &c. "Who, at their daily meals, sit on bare boards." The reference is to the public ineals or ovocítia of the ancient Spartans, where all ate in common, and the utmost plainness and frugality prevailed. Their seats were boards, not cushioned as the Roman couches were, nor did they recline after the Roman fashion, but sat upright. L. MURENA. 443 Page, 13. Cretes. The common meals of the Cretans were also of a127 plain and frugal nature.-Cubans. Reclining, i. e. as the Romans did. Compare note 14, page 16. 14. Melius, quam Romani homines, &c. Cicero's object is to show, that their frugal mode of life did not save the Spartans and Cretans from being subdued, and by the very nation too who were less abstemious in their diet. This is urged as a kind of argument in favour of a moderate enjoyment of the pleasures of the table, and as an answer to Cato's harsh remark just quoted, utrum lenocinium, &c. 15. Qui tempora voluptatis, &c. "Who distinguish between their moments of relaxation and serious enjoyment,” i. e. who have times set apart for both pleasure and business. 16. Quorum altcri. The Cretans.-Uno adventu nostri exercitus. If we believe the voice of history, Q. Metellus, surnamed Creticus, took three years to conquer Crete. (Eutrop. 6, 11.) Cicero there- fore exaggerates a little the facility of this conquest. As for the Lacedaemonians, they had already passed with the rest of Greece under the Roman dominion. 17. Res ipsa. "The present state of our affairs themselves," i. e. the present flourishing condition of our affairs. 18. Eodem ex studio. "Of the same school of philosophy," i. e. the Stoic. Literally, "of the same study." 19. Epulum. This term denotes a banquet connected with some solemn celebration, such as the dedication of a temple, a triumph, public games, &c. In the present case it was a funeral entertain- ment. Epulae, on the other hand, denotes an entertainment or banquet in the usual form. 20. Africani patrui, &c. "In memory of his uncle Africanus." More literally, "on account of his uncle Africanus." Nomine pa- trui is here equivalent to propter patruum, i. e. in memoriam patrui. Lucius Aemilius Paullus (more commonly known by the name of Paullus Aemilius) had two sons by his wife Papiria. One of these was adopted by Quintus Fabius Maximus, and took the name of his adoptive father. He had a son himself, who is the Quintus Maximus mentioned in the text. The other son of Paul- lus Aemilius was adopted by Publius Cornelius Scipio, son of Afri- canus Major, and was himself named Publius Comelius Scipio Aemilianus. This is the younger Africanus, the destroyer of Car- thage, and is the one also mentioned in the text. Paullus Aemilius had, by another wife, two daughters, one of whom was married to Quintus Aelius Tubero, father of the Tubero of whom Cicero here speaks. 21. Ut triclinium sterneret. "To make the requisite prepara- 1 444 ORATION FOR Page. 127 tions." : We have been compelled to resort to a paraphrase here, in order to convey more clearly the meaning of Cicero. Triclinium in its primitive acceptation, denotes a couch for reclining on at sup- per, large enough to hold three persons, (τọcîs and kλívn.) Thus we have in Varro, R. R. 3, 13: "Ibi erat locus excelsus, ubi tri- clinio posito coenabamus.” It is then taken to denote the place of entertainment itself, from the circumstance of three couches, (Tρcīs kλívaι,) each holding three guests, being used at private feasts. For Varro says, that the number of the guests ought not to exceed that of the Muses, nor be less than that of the Graces. (Aul. Gell. 13, 11.) The phrase triclinium sternere has in like manner two meanings. The first is to spread a couch, that is, to cover it with what was termed the stragula vestis, a species of covering put upon it previous to a banquet, plain and neat for ordinary entertainments, but sumptuous and highly ornamental when the feast was to be a splendid one. Compare Cic. in Verr. 5, 25: “Cum Apronius c palaestra rediisset, et in triclinio, quod in foro straverat decubuis- set." The second meaning of triclinium sternere, is to arrange the couches in a banqueting room, that is, to prepare the place for an entertainment. Thus we have in Varro, L. L. c. 4: Qui tricli- nium constrarunt, si quem lectum de tribus unum imparem posuc- rant," &c. Now, from all that has been here premised, we may ascertain, very clearly, in connexion with the context, the meaning of Cicero on the present occasion. The feast was to be a public one, and Tubero was requested to prepare accommodations for the guests, that is, not only to see that the place itself was got ready in a proper manner, but that the tables were supplied with a sufficient number of couches, and that these couches as well as the other arti- cles connected with the banquet were of such a kind as might best comport with the occasion. e " 22. Stravit pelliculis, &c. Spread low Carthaginian couches with little goat-skins, and set out vessels of Samian earthenware." The Carthaginian couches were low, small, and made of wood. The vessels also were cheap and mean. The little goat-skins were purposely substituted for the more usual and expensive couch- coverings. Seneca alludes to this same circumstance, in one of his letters, where he also speaks of the couches as being of wood, on this occasion, and the vessels of earthenware, and where his lan- guage also confirms the view we have taken, in the previous note, of the meaning of ut triclinium sterneret. Thus (Ep. 95, p. 607, ed. Lipsii,) he has the following: "Tuberonis ligneos lectulos, cum in publicum sternerentur, haedinasque pro stragulis pelles, et ante ipsius Jovis cellam proposita convivis vasa fictilia: quid aliud est, (" L. MURENA. 445 Page. paupertatem in Capitolio consecrare?" Compare Isidorus (Orig. 127 20. 11, 3): "Punicani lecti parvi et humiles, primum a Cartha- gine advecti, et inde nominati.” And in relation to the Samian vases, consult Plautus, Captiv. 2, 2, 40, and Taubmann. ad loc. 1. Hanc perversam sapientiam Tuberonis. "This ill-judged 128 wisdom of Tubero." Perversus, in its literal acceptation here, ap- proximates very closely to our plain English epithets, wrong- (6 headed," cross-grained." 2. Homo integerrimus. "This most upright man. "Referring to Tubero. Cum esset. << Although he was." As regards the relationship between Tubero and the individuals mentioned in the text, consult note 20, page 127. 3. His haedinis pelliculis, &c. "Lost the praetorship through these same little goat-skins." More literally, "was dislodged from his application for the praetorship by these same little goat-skins." The people were so offended at what they considered his parsimony, in the case of the funeral honours rendered to Scipio, that they would not vote him into the praetorship. His stoical frugality, therefore, like Cato's strictness and simplicity on the present occa- sion, was completely out of place. 4. Non amat profusas epulas, &c. "They are not fond of pro- fusion at repasts; but much less of sordidness and meanness." The term inhumanitas is well explained by Ernesti, Clav. Cic. s. v. Inhumanitas est ejus, qui facit abhorrentia a vilae humanae cultu et elegantia." C 5. Distinguit rationem, &c. They know how to distinguish be- tween the relative bearing of duties and of occasions," i. e. they know very well when a duty is urgent and imperative in its char- acter, and admits of no alternative but prompt performance, and when it is of a less binding character and may be passed by without any impropriety. So again, they know well what occasions are to be strictly attended to, and what to be regarded with less care. << 6. Hoc tu ipse, &c. "You yourself, in whom there is the highest merit, do not adhere to this."-Cur enim quemquam, &c. The idea intended to be conveyed by the whole passage is as follows:- If merit alone ought to influence the minds of men, in conferring public honours, why do you, who have so much merit of your own, go about and solicit votes, and not leave the result to be determined ⚫by merit alone. Perhaps you will say in reply, that you do not ask any favour of me, when soliciting my vote, but on the contrary, merely intend something for my own good; to have me place myself, namely, under your guardianship and care, in order that you may the better provide for my welfare. Do you not think, however, 38 446 ORATION FOR Page. 128 Cato, that this request would come with more force from me to you? Is it not rather my business to ask you to expose yourself to dangers and fatigues for my sake? 7. Nomenclatorem. "A nomenclator." A slave who accom- panied candidates for office, and whispered in their ears the names of the different individuals whom they met, in order that the candi- date might salute them by name, and conciliate their favour by this species of compliment, which had always great weight with the Romans. Compare note 5, page 105.-Plutarch says, that a law having been passed, ordaining that no man who solicited any office should take a nomenclator with him, Cato was the only one that obeyed it; and that in order not to need such an assistant, he made himself master of the names of all the citizens. (Vit. Cat. Min. c.) Cicero's language, however, is directly the other way, and very probably he is the more correct of the two. 8. Fallis et decipis. "You mislead and deceive." The dis- tinction between fallere and decipere appears to be as follows: Fallere implies, that we are misled by something negative or indi- rect in another's words or actions: decipere always denotes, that the person deceived is imposed upon by something positive and express in the person deceiving. (Crombie, Gymnasium, vol. 2, p. 437.) 9. Nam, si nomine, &c. Cicero's argument may be briefly stated as follows: If you employ a nomenclator, Cato, you impose upon and mislead your fellow-citizens, whether you yourself actually know their names or not. If you do not know their names but obtain them from the nomenclator, you of course deceive others, by salu- ting them after you have learnt their names, as if you had been long acquainted with them. If, on the other hand, you actually know their names, and only take a nomenclator with you because it is customary so to do, here again you are guilty of deception, for you do not merely let him whisper the name of the party into your ear as a matter of form, but you actually ask him first about the name, as if you were quite ignorant of it, although you know very well all the time what the person's appellation is. 10. Sin etiam si noris. The common text has, Sin etiam noris. We have adopted the conjectural emendation of Lambinus.-Tamen per monitorem appellandi sunt. Namely, as a matter of mere form and custom, the candidate asking and the slave whispering the name, although the former knows very well already what it is. 11. Cur ante petis quam insusurravit. "Why do you actually ask the person's name before he has whispered it into your ear?" 12. Haec omnia, &c. "If you measure all these things by the usages of the state, they are correct enough: but if you wish to L. MURENA. 447 Page. weigh them carefully by the precepts of your own philosophy, they 128 will be found to be very wicked in their nature." More freely, "if you refer all these things to the usages of the state," &c. 13. Fructus isti ludorum, &c. "That gratification which is de- rived from public shows," &c.-Comparaverunt. Prepared for them," i. e. instituted for their gratification. 14. Nec candidatis, &c. "Nor are candidates to be deprived of that exercise of friendly feelings which is a proof rather of their generosity than of a wish to corrupt." More literally, "which in- dicates generosity more than bribery." ،، 15. At enim te, &c. The particles at enim are here, as else- where, elliptical. "But all clse you will say is of comparatively trifling importance, for the interests of the republic lead you in fact to undertake this accusation," i. e. a regard for the public welfare led you," &c. 16. Credo, Cato, &c. "I easily believe, Cato, that you came here with those feelings and with that intention. But you make a slip, through want of reflection," i. e. you go wrong, you defeat your own purpose. 1. Clamo atque testor. "Loudly proclaim, and call you all to 129 witness."-Audite, audite consulem. "Hear, hear your counsel." -Usque co. "To such a degree." So far. 2. Latius patet, &c. Cicero now argues on the importance of having a person of energy and military experience in the consulship during the ensuing year. 3. Equus Trojanus. A highly figurative allusion to the seeds of the conspiracy that were still lurking at Rome. 4. Copias illius. "Those troops of his." His secret partisans, with whose movements Cicero was in a great degree acquainted.- It will be borne in mind, that Lentulus and the other accomplices had not yet been detected and punished. 5. In capite atque in cervicibus nostris. Equivalent here to in caput atque in cervices nostras, with the idea of continuance, or lasting harm, annexed. Similar examples occur in many of the an- cient writers. Consult Forcellini Lex. Tot. Lat. s. v. in, sub. init. 6. Integrum consulem. An upright consul," i. e. an honest patriotic consul, and not one contaminated by any union of principle or action with Catiline. Compare Manutius: “ Integrum consu- lem, h. e. malis consiliis non infectum." 7. Et natura, et fortuna. "In both principles and fortune," i. e. a man of correct principles and ample means. Such a person would, of course, be attached to the interests of the republic, and the exist- 448 ORATION FOR Page. 129 ing state of things, and would have no wish for any revolution or change, because not a man of needy fortune. 8. Vestris sententiis. "By your sentence," i. e. by your opin- ions as judges in the present case. For Murena is such a man as has just been described by me, and the partisans of Catiline would rejoice in having him driven from the consulship, by your sentence of condemnation. 9. In campo. Compare chapter 26, of the present speech, and Or. in Cat. 1, 5.-Domi meae. Alluding to the attempt to assas- sinate him at his own home. Or. in Cat. 1, 4. 10. Kalendis Januariis. Compare note 2, page 98. 11. Aut. A chasm occurs here in the MSS. Schütz proposes to fill it up, and re-model the whole sentence as follows: "Nolite arbitrari, Catilinam ejusque socios mediocribus consiliis, aut usitatis viis, in rempublicam grassari.” << 12. Reipublicae quaeritur. "Is sought for against the republic,' i. e. the republic is not sought to be injured by ordinary means, such as a hurtful law," or "the pernicious influence of bribery," &c. 130 1. In exitu. "Near its close." This speech was delivered in the month of November, and the new consuls would be installed on the first of January coming. "Who is to succeed me in my 2. Vicarium meae diligentiae. vigilance." 3. Tempestatem anni tui. "The storms that impend over your own year," i. e. over your magistracy as tribune. 4. Designati tribuni. The allusion here is, most probably, to Q. Metellus Nepos, the same who afterward prevented Cicero from making the customary address to the people, at the close of his con- sulship.-Ernesti thinks, that designati ought to be removed from the text, because, according to him, the new tribunes had already entered on office when this speech was delivered. He observes, that had they not entered already on office, they could not have held an assembly the day previous. But the text only speaks of an as- sembly that had been held, without specifying by whom. The ex- pression "ox perniciosa, moreover, does not necessarily imply a speech on the part of the new magistrate, it may denote a mere remark made by him, on being presented to the people by the tribunes of the current year. The chief argument, however, against Ernesti's emendation, is in the dates. The new tribunes did not enter upon office until the fourth day before the Ides of December, and every thing connected with this speech plainly shows, that it was delivered before the Nones of the same month, for on that day the conspirators arrested by Cicero were condemned. "" L. MURENA. 449 Page. 5. Tua mens. "Your own foresight."--Qui te ad tribunatus, 130 &c. "Who requested you to stand candidate for the tribuneship,' i. e. in order that you might thwart the nefarious schemes of Metel- lus and others. 6. A L. Catilina et Cn. Pisone, &c. At the close of the con- sulship of M. Lepidus and Volcatius Tullus. Compare Or. in Cat. 1, 6: "Potestne hujus vitae lux," &c. 7. Meo nomine. "On my own account." Equivalent to prop- ter me ipsum. Compare chapter 36, “ Africani patrui sui nomine.” Cicero means, that they did not seek his destruction so much out of personal hatred, as in order to remove a faithful guardian of the public welfare, 8. Et agunt et moliuntur. "They are both attempting, aye, and striving earnestly to effect."—Quantum animi, quantum in- genii. "How much courage, how much talent." 9. Consulari auctoritate et auxilio spoliatam. By the condem- nation of Murena. A p A "" 10. Ne sufficiatur consul. "Lest a new consul be substituted," i. e. in place of Murena, if condemned. Compare, as regards the force of sufficere, the explanation of Ernesti: "Sufficere, in locum alterius creare: de magistratibus, inprimis consulibus, qui in locum mortui consulis, aut de ambitu damnati, &c., creantur.” 11. Vident te in tuorum, &c. We have inserted te after vident on the conjecture of Matthiae, who thinks that it has been accident- ally omitted by the copyists. 12. Sibi objici posse. May be exposed to them," i. e. to their attacks. Silanum. Plutarch says, that after Cato had declared his intention of prosecuting every one who should have recourse to bribery, he took very good care, that Silanus, who had married his sister Servilia, should be excepted. (Vil. Cat. Min. c. 21.) This would seem to imply that Silanus in common with Murena lay open to the charge of bribery, for which we find elsewhere no authority whatever. 13. Non cupidum. "Not ambitious." Manutius understands rerum novarum, "not desirous of a change."-Fortuna constitutum, &c. Alluding to his private wealth. 14. Animo et usu, &c. "Of spirit and experience for executing whatever you may wish." 1. Hujusce rei potestas, &c. "The means of accomplishing431 this result are placed wholly in your hands." You hold, in the present case the whole republic under your care. You are its pilots," i. e. the helm is in your hands, and it is for you to guide us safely through the storm. (6 450 ORATION FOR Page. 131 2. Petunt rationes illius. "His plans demand."-Auxilio. “Of her wonted aid."-Ut minuatur, &c. "That the number of her leaders, capable of resisting his fury, be diminished.” 3. Depulso adversario. Alluding to Murena, and to the stand he would take against the conspirators, in support of the govern- ment and laws. Hence he is called the opponent of the turbulent tribunes, and hence his condemnation (depulso adversario) would leave them more at liberty to excite commotions in the state. 4. Idemne igitur delecti, &c. “Will men distinguished for in- tegrity and wisdom, men selected from the first orders of the state, come then to the same decision with that most audacious gladiator, that foe to the republic ?" The address is to the Judices, the gladiator is Catiline. 5. Apud Anienem. "At the Anio." Here, in the second Pu- nic war, Hannibal pitched his camp, at three miles' distance from Rome. Compare Livy, (26, 10): "Inter haec, Hannibal ad Ani- enem fluvium, tria millia passuum ab urbe castra admovit.” 6. Nonnemo, &c. "There are some, there are some foes even in that sanctuary of the republic, I say, in the very senate itself.” Nonnemo is here equivalent to aliquis, but our idiom requires the plural. It is well known that several of the senators were implicat- ed in the conspiracy. Consult Sallust, B. C. c. 17. 7. Faxint. The old form for fecerint. The earlier mode of conjugating this verb was facio, facsi (faxi), factum, facere. Com- pare Struve, über die Lat. Decl. und Conj. p. 171. seqq.-This old form, faxint was retained, in common with faxit and other similar ones, principally in solemn adjurations, &c. 8. Meus collega. Antonius.-Ego togatus. Compare note 8, page 23.-Hoc quod conceptum, &c. "Will dispel and crush that danger which, conceived in its bosom, the republic is now on the point of bringing forth." 9. Haec. These same dangers.-Unus erit consul, &c. If Murena be condemned, Silanus will be the only consul in office; and his time will be occupied, not by the affairs and dangers of the state, but by the election of a colleague; for the seditious tribunes will oppose him in all his movements, and in this way much valu- able time will be lost to the republic. 10. Impedituri sint. There is here another chasm in the MSS., though smaller than the one previously mentioned. Some editors insert videtis, others parati sunt, on conjecture. 11. Importuna. The common text has Catilinae after importuna. But many editors regard it as a mero gloss, and we have therefore thrown it out. L. MURENA. 451 Page. 12. Versabitur in castris furor. "Wild fury will reign in your 131 camp."-In campo exercitus. "An armed force in the Campus Martius." The allusion is to the partisans of Catiline who will come armed to the comitia, when Silanus shall convene the people to vote for a new consul in the place of Murena. 1. Si ornata suis praesidiis, &c. "If the republic shall be fur- 132 nished with other means of protection." 2. Potior. "Dearer," i. e. to exercise a more powerful sway. -Pro consulari auctoritate, &c. "I exhort you in consideration of my consular authority," i. e. by my consular office. 3. Defensoris. The common text has vel defensoris, but we have rejected vel with Ernesti and Schütz. Beck encloses it with- in brackets.—Manutius doubts whether it be correct latinity to say oro atque obsecro fidem, and Graevius inclines the same way. But we have in Plautus, (Amph. 1, 1, 217,) "obsecro tuam fidem." Compare Ernesti, að loc. 4. Corporis morbo. Murena was then labouring under severe indisposition. Recentem gratulationem. "His recent felicitations.” A thanksgiving had been decreed, in the name of Murena, for his successes against Mithridates. 5. Municipium antiquissimum. "" Lanuvium, of which Murena was a native. Consult Geographical Index. 6. Squalore sordidus. "Of squalid appearance and in neglected attire." It was customary at Rome for those accused of capital or heavy offences, to appear in public arrayed in such a manner as might be best calculated to excite compassion.—Lacrymis et moer- ore perditus. Spent with tears and sorrow." 7. Intuetur. He looks with an earnest eye to." 8. Hac re. "On that very account," i. e. the consulship to which he had been elected. Orellius suggests hac eum cum re. Schütz proposes either una cum hac eum re, or else cum hac eum Te. No change, however, is requisite. 9. Atque ita, &c. "For thus does Murena," &c., i. e. in terms such as the following.-Si nullius aures, &c. "If he has wound- ed the ears or the feelings of no individual," i. e. if moderation has always dictated his words, always regulated his conduct. 10. Modestiae locus. "An asylum for moderation."-Demissis hominibus. "For the dejected." 11. Misericordiam spoliatio consulatus, &c. "To be stripped of the consulship ought, O judges, to carry with it a strong claim to our compassion." Literally, "the being despoiled of the consulship," &c. 12. Una enim eripiuntur, &c. Cicero means to express the idea, that in losing the consulship the person referred to loses his all. 452 ORATION FOR Page. 132-Invidiam nullam. "No claims to envy," i. e. nothing worth enjoying in the office. 13. Objicitur. "The holder of it is exposed."—- -Concionibus seditiosorum. Referring to the tribunes of the commons. 14. In hoc praeclaro consulatu. "In this distinguished post of con- sul." Praeclaro is said with a tinge of irony in this distinguished post, as many call it, and take it to be. 133 1. Hunc vestris sententiis afflixeritis. "You shall dash this man in sorrow to the ground by your decision," i. e. shall condemn him. 2. Quo se miser vertet? The peroration here is extremely beau- tiful. "Locus," says Manutius, "ad commovendam misericordiam aplissimus." 3. Laureatam in sua gratulatione, &c "Decked with laurel amid his own felicitations." << S 4. Lugentem. Plunged in mourning." Cicero purposely uses this form of expression, instead of lugenti similem, for the sake of greater strength. 5. Misera. "Wretched parent." 6. Nova poena legis. The Tullian law (lex Tullia) had only re cently been passed, which added ten years' exile to the penalties be- fore inflicted by the laws upon the crime of ambitus. "Ah! but it brings with it "When invested with supreme com- 9. C. Murenam, fratrem suum. C. Licinius Murena. He was governor of Transalpine Gaul, and is the same individual of whom Sallust speaks, B. C. 42. 10. Qui hujus dolor. Qui for quis. Compare note 10, page 52. So also, qui illius moeror erit?-The student will note the distinc- tion here between hujus and illius. "What anguish on the part of the former ? What deep affliction on that of the latter?" The same remark applies here, that was made in a previous note respect- ing an apparent violation of the rule concerning hic and ille. Hu- jus refers to Murena, Cicero's client, and illius to his distant brother. 7. At habet magnum dolorem, &c. a deep pang of sorrow," &c. 8. Summo cum imperio. mand." 11. Quanta autem perturbatio, &c. "What a reverse of for- tune, what a change of language," i. e. how changed the condition of the one, how altered the language of both. 12. Conservate populi Romani beneficium. "Preserve unto him the favour which the Roman people have conferred," i. e. establish by your decision his claims to the consulship. L. MURENA. 453 Page 13. Junonis Sospitae. There was at Lanuvium, whence the 133 family of Murena came, a temple sacred to Juno Sospita. The Ro- mans had a joint right of sacrificing to this goddess, and an annual offering was made by the Roman consuls. According to Livy, (8, 14,) the people of Lanuvium were allowed by the Romans to con- tinue the worship of this goddess, on condition that the latter people shared in it along with them. Compare, as regards this same deity, Liv. 40, 19.—Ov. Fust. 6, 60.—Sil. Ital. 13, 364, and Cic. N. D. 1, 29. The last-mentioned writer describes the effigy of the god- dess, as arrayed in a goat-skin, bearing a small shield and a spear, and having on little slippers turned up at the toes. "Cum pelle cap- rina, cum hasta, cum scutulo, cum calceolis repandis." Consult also Montfaucon, Antiq. Explic. lib. 2, c.'5. fig. 10. 14. Facere. Supply rem divinam, or, what is much simpler, sacra from the previous sacris patriis. The analogy between this usage of facere, and that of the Greck pile or epdety is worth noting. HISTORICAL INDEX. } HISTORICAL INDEX. A. ABSYRTUS, Son of Aeetes, king of Colchis, and brother of Medea. His sister, when accompanying Jason, who was bearing off the golden fleece, is fabled by the poets to have put to death the young prince, and to have scattered his limbs along the route which her father would take in pursuing her. The stratagem succeeded, and Aeetes stopped to col- lect the mangled remains of his son, thus enabling his daughter and Jason to make their escape. Ovid. Trist. 3, 9.-Senec. Med. 963.-Lucan. Phars. 3, 190. AEMILIUS, Paullus. AEMILIUS, Scaurus. Vid. Paullus. Vid. Scaurus. AFRANIUS, a celebrated Roman, consul A. U. C. 694, B. C. 60, and one of Pompey's lieutenants during the civil wars. After the defeat at Pharsalia, he crossed into Africa and fought at the battle of Thapsus. Being taken prisoner along with Faustus Sylla, in the rout that ensued of the Pompeian army, he was put to death along with that individual by order of Caesar. Suet. Vit. Jul. 75.-Caes. B. Afric. 95.-Dio Cass. 43, 12.-Oros. 6, 16. AHALA, Caius Servilius, master of the horse to the dictator Cincin- natus. Spurius Melius, who had been accused of aspiring to regal power, having refused to appear before the dictator when ordered so to do, Aha- la, who bore the summons to him, slew him in the very midst of the as- sembled people whom he was endeavouring to excite in his behalf. The dictator commended the act. Ahala, though he at first incurred the resent- ment of the populace for this bold discharge of duty, was subsequently, however, raised to the consulship. Liv. 4, 14, and 30.-There is a great variation, as regards the praenomen of this individual, in the MSS. and the editions of Cicero. In the first oration against Catiline, c. 1, he is called, in the common text, Quintus, where Muretus and Pighius give the true reading Caius, which Ernesti adopts. In the oration pro domo, c. 32, he is styled, on the other hand, Marcus Servilius Ahala. In this latter passage, Cicero informs us, that he was exiled by the people for slaying Melius, though subsequently, as above stated, advanced to the consular office. name. ANTIŎCHUS, surnamed the Great, king of Syria, and the third of the He came in collision with the Romans, on attempting to reduce under his sway the cities of Asia Minor as well as the whole of Greece. 457 39 458 HISTORICAL INDEX. These cities implored the protection of the Romans, who sent deputies to Antiochus, commanding him to give up the conquests he had made in this quarter. Antiochus, urged on by Hannibal, to whom he had given an asylum in his dominions, paid no regard to these orders, and became, in consequence, involved in war with the republic. Neglecting, however, to follow the plan of operations marked out for him by Hannibal, he soon experienced the fatal effects of his error. Acilius Glabrio defeated him at Thermopylae and compelled him to flee into Asia; and Scipio Asiaticus. gained a decisive victory over him at Magnesia in the latter country. Compelled to sue for peace, he only obtained it on very hard conditions. The Romans made the range of mount Taurus the limit of his power on the side of lower Asia, and reduced to the form of provinces all the countries which he had possessed on this side of the mountains just men- tioned. They obliged him also to stipulate for the payment of an annual tribute of two thousand talents. As his treasury could not support this heavy tax, he resolved, in order to replenish his resources, to pillage the temple of Belus, in Susiano, but the inhabitants of this country, irritated at the sacrilegious attempt, slew him with his followers, B. C. 187. He had reigned 36 years. Justin. 31, 32.-Florus, 2, 1.-Liv. 34, 59. ANTONIUS, Caius, son of M. Antonius the orator, and brother of M. Antonius Creticus the father of the triumvir. He was originally in habits of very great intimacy with Catiline, and the arrangement was, that these two should stand for the consulship, and, if they succeeded, commence, while in this high office, their plans of revolution. Cicero defeated this scheine, and being elected consul, with Antonius for his colleague, succceded in detaching the other from the conspiracy, and from every other design formed against the state. He effected this de- sirable object by yielding to Antonius the rich province of Macedonia, which had fallen to his own lot. After the conspiracy was crushed, An- tonius went to his province of Macedonia, where he continued for two years; but, on his return to Rome, he was brought to trial, and banished, for having been guilty of extortion and having made war beyond the limits of his province. He was a man of very dissolute habits, and, be- fore he obtained the consulship, had been expelled by the censors from the senate for immoral conduct. Sallust, B. C. 26.-Liv. Epit. 103.— Cic. in Vat. 11.—Id. pro Coel. 31. ANTONIUS, Marcus, a celebrated Roman orator, grandfather of the triumvir. After having been praetor, and having during his praetorship, obtained a victory over the pirates of Cilicia, he was raised to the con- sulship, A. U. C. 655, B. C. 99. He is more eminent, however, in Ro- mau history, as an orator than a statesman. He was the most employed patron of his time; and, of all his contemporaries, was chiefly courted by clients, as he was ever willing to undertake any cause which was pro- posed to him. He possessed a ready memory, and a remarkable talent of introducing every thing where it could be placed with most effect. He had a frankness of manner, which precluded any suspicion of artifice, and gave to all his orations an appearance of being the unpremeditated effusions of an honest heart. But, though there was no apparent prep- aration in his speeches, he always spoke so well, that the judges were never sufficiently prepared against the effects of his cloquence. His language was not perfectly pure, nor of a constantly sustained elegance, but it was of a solid and judicious character, well adapted to his purpose. HISTORICAL INDEX. 459 His gesture, too, was appropriate; his voice strong and durable, though naturally hoarse; but even this defect he turned to advantage, by fre- quently and easily adopting a mournful and querulous tone, which, in criminal cases, excited compassion, and more readily gained the belief of his judges. He left, however, as we are informed by Cicero, hardly any orations behind him, having resolved never to publish any of his pleadings, lest he should be convicted of maintaining in one cause some- thing that was inconsistent with what he had alleged in another.-During the civil wars of Marius and Sylla, Antonius declared for the latter, and was in consequence proscribed by Marins. His place of concealment having been discovered through the indiscretion of a friend, a party of soldiers was sent to put him to death. The cloquent appeal of the orator, however, checked their murderous purpose, and drew tears from their eyes, when Amius, their leader, who had remained without, impatient at their delay, was compelled to enter the place himself, and despatch An- tonius with his own liand. Dunlop's Hist. Rom. Lit. vol. 2, p. 211.- Cic. de Orat. 2. 2.-Id. Brut. 36.—Id. de Orui. 3, 3.— Val. Max. 7, 3. ANTONIUS, Marcus, surnamed Creticus, son of Antonius the orator, and father of the triumvir. Having obtained the praetorship, A. U. C. 678, through the interest of the consul Cotta, and the faction of Cethe- gus, he was charged with the war against the pirates. He pillaged, however, the provinces which had been intrusted to his defence, and having advanced toward Crete, was defeated in an engagement off that island. The appellation of Creticus was given him from this circum- stance, as a mark of derision. He is said to have died of chagrin at his defeat. Florus, 3, 7.-Liv. Epit. 99.-Cic. in Verr. 2, 3.—Id. in Verr. 3, 91. ARCHIAS, Aulus Licinius, a Greek poet, born at Antioch in Syria, aud better known by the discourse which Cicero pronounced in his favour, than by any productions of his own. He caine to Rome at an early age, and passed the greater part of his life there, teaching the Greek language and literature, and giving instruction particularly in the department of poetical composition. Among his pupils was Cicero, who has returned the favour by transmitting the name of his preceptor to posterity. Ar- chias lived on terms of great intimacy with several distinguished Roman families, and accompanied the celebrated L. Lucullus in his expedition against Mithridates, and also in his travels through Asia, Greece, and Sicily. It was during his visit to Magna Graecia, in company with this illustrious patron, that he obtained the rights of citizenship at Heraclea in Lucania, which led subsequently to his procuring the same privilege at Rome. This latter point, however, having been contested by a cer- tain individual named Gratins, led to the delivery of the celebrated ora- tion in his favour, by his old pupil Cicero.-The works of Archias are lost, except some epigrains in the Anthology. While still quite young he composed a poein on the Cimbric war, which gained for him the favour of Marins, who was in general but little alive to the charms of poetic composition. At a later period of his life, the Mihridatic war became a theme for his Muse. In a third poem he gave a prophetic interpretation to a circumstance which had happened to the infant Roscius; and Cicero speaks also of a poem which he had commenced on the subject of his consulship. The Anthology contains thirty-five epigrams under the name of Archias, but some of them are attributed by the commentators 460 HISTORICAL INDEX. to a certain Archias of Macedonia, or another of the same name, a native of Byzantium; others again ascribe them to Archias the grammarian, or the younger. Hence, it is probable that very few if any of them are by Archias of Antioch. Cic. pro Arch.-Id. de Divin. c. 36.---Jacobs. ad Anthol. Graec. vol. 2, p. 92.-Schoell, Hist. Lit. Gr. vol. 4, p. 43. ARIOBARZĀNES, king of Cappadocia, and the first of the name. He ascended the throne under the protection of the Romans, about B. C. 91, after the expulsion of the false Ariarathes. Mithridates and Tigranes united against him, and drove him twice from his kingdom; but he was as often restored, once by Sylla, and again by Pompey, the latter of whom added to his dominions Sophene. a province of Armenia. Ario- barzanes abdicated in favour of his son, the second of the name. Justin. 38, 2.—Appian. R. S. 48.—Id. B. M. 10, seqq. ARISTOTELES, a celebrated philosopher, born at Stagyra, B. C. 384. Cicero alludes to him in the oration for Murena, as being one of those philosophers from whose writings he had imbibed principles of an oppo- site nature to those which influenced the conduct of the rigid and stoical Cato. Cicero, though particularly attached to the new Academy, was free from the exclusive spirit of sectarism, and inclined to select what- ever he found valuable in the doctrines of the different schools. Kuehner, Cic. in Phil. merita, p. 74, seqq. ATTIUS, less correctly written Accius, an early Latin tragic-poet, born A. U. C. 584. He pursued the career opened by Livius, Ennius, and Pacuvius, and the ancients give the titles of a large number of tragedies which he had composed, among which was a national piece entitled Brutus. Velleius Paterculus says, that Attius deserved to be ranked among the Grecian poets, in point of talent. Horace also ascribes to him elevation of manner, by which is probably meant sublinity both of sentiment and expression. Attius was held in high estimation by his countrymen. The few fragments, however, that we have of this poet, do not enable us to form any decisive opinion on his merits. Buchr, Gesch. Rom. Litt. p. 79.-Vell. Paterc. 1, 17.-Id. 2, 9.-Horat. Epist. 2, 1, 55. AURELIA ORESTILLA, a female of great beauty, but of very corrupt principles. Catiline offered her his hand in marriage, which she refused to accept, because he had a son by a former marriage, arrived at man's estate. To remove this obstacle Catiline put his son to death by admin- istering poison. Val. Max. 9, 1, 9.-Sallust B. C. 15. B. BRUTUS, Decimus Junius, the colleague of Africanus Minor in the consulship, A. U. C. 615. He distinguished himself in Spain, and ob- tained a triumph for his successes over the Gallaeci. Cicero speaks of his adorning the monuments and temples erected by him, with the verses of the poet Attius. Velleius Paterculus, (2, 5,) calls him Aulus, in place of Decius, but the true reading appears in later editions. Cic. pro Balb. 17.-Sigon. Fast. Cons. p. 339, ed. Oxon.-Cic. pro Arch. 9. C. CAESAR, Caius Julius, son of Caius Caesar and of Aurelia, the daughter of Cotta. He was born in the sixth consulship of Marius, B. C. 99. HISTORICAL INDEX. 461 When only in his seventeenth year he obtained the office of Flamen Dialis, or High-Priest of Jupiter. His marriage with Cornelia, the daughter of Cinna, excited against him the hatred of Sylla, whose sus- picion he had previously incurred from his aunt Julia's being the wife of Marius. He with difficulty escaped being put to death, among the num- ber of the proscribed, and it was only at the intercession of the Vestal virgins, and in consequence of the entreaties of his relations, that Sylla spared his life. The latter, however, had the discernment to behold in him, even when a mere youth, the germs of future talent and ambition, and when he was asked by his friends why he was so anxious to put a mere boy to death, his answer was, In that boy I see many Mariuses." -Of the eventful life of this eminent Roman our limits forbid even any thing like a rapid sketch. His various successes are touched upon by Cicero in the oration for Marcellus, but a full account of his numerous conflicts, and of the remarkable events which have rendered his naine so conspicuous in history, will be found in the pages of Plutarch. It will only be necessary here to speak of Caesar as connected, in a covert manner, with the conspiracy of Catiline. His principal aim, in the ac- complishinent of his ambitious schemes, was to gain the favour of the populace, and weaken the power of the nobility. This brought him at once in contact with Catiline, and, in favouring the views of that daring conspirator, his object was to destroy by these means the liberty of his country, and then to crush the conspirators themselves and make himself master of Rome. The opinion which he gave in the senate, with respect to the punishment of Lentulus, Cethegus, and the other accomplices of Catiline; the threatening conduct of the Roman equites, who guarded the temple where the senate met; and his being arraigned as an asso- ciate in the conspiracy before the senate itself, all tend to show the opinion of the public respecting his secret movements, as well as his own actual participation in the daring attempt of Catiline. Sallust, B. C. 49, seqq.-Plut. Vit. Cic. 20.-Id. Vit. Cues. 7, seqq. CAESAR, Lucius Julius, enjoyed the consulship with C. Figulus, A. U. C. 699. His sister was married to Lentulus the accomplice of Catiline, notwithstanding which relationship he gave his opinion in the senate, in favour of that individual's being put to death. He was uncle also to Mark Antony the triumvir, the latter being his sister's son by a former marriage, previous to her union with Lentulus. Cic. Or, in Cat. 4, 6.— Pro Muren. 34.-Ep. ad Fum. 10, 28. CAESAR, Lucius, a young Roman, who, though related to Julius Cae- sar, attached himself nevertheless to the party of Pompey. He was the son of Lucius Caesar, who had been one of Caesar's lieutenants in the Gallic war. Cicero calls him in one of his letters to Atticus, "not a man, but an untied broom," intending by this proverbial form of expres- sion to indicate a person of no value whatever. When Caesar was marching toward Utica after the battle of Thapsus, he surrendered him- self to that commander, and, according to the author of the commenta- ries on the African war, obtained his life by his own earnest entreaties. According to Dio Cassius, however, he was put to death. Caes. Bell, Civ. 1, 8.—Bell. Afric. 89.-Dio. Cass. 43, 12.-Sueton. Vit. Jul. 75, and Crusius ad loc. CAPITO, Publius Gabinius, a Roman of equestrian rank, whom Cicero calls Cimber. He appears to have been one of the most worthless of 39* 462 HISTORICAL INDEX. the accomplices of Catiline. He suffered capital punishment along with Lentulus and the rest. Sallust, B. C. 55. CAPITO, Publius Gabinius, a Roman praetor, A. U. C. 664, the year when Archias the poet was registered. After returning from his gov- ernment of Achaia, he was accused of extortion by Lucius Piso, and con- demned; and hence his disgraceful fall destroyed the credit of his regis- ter, which his previous corruption had greatly impaired. Cic pro Arch. 5.-In Caecil. 20. CARBO, Caius Papirius, an eminent Roman orator, contemporary with the Gracchi, and the friend of Tiberius, the elder of the two. He was concerned in some seditious movements the year that Tiberius was slain, but seems to have changed his sentiments at a subsequent period, for we find hin when consul defending L. Opimios, before the people, who had slain Caius Gracchus, the brother of his former friend. He is thought to have been concerned in the death of Publius Africanus. Be- ing accused at length by L. Crassus, consul elect, on account of the part he had taken in the sedition of Tiberius Gracchus, be destroyed himself, by swallowing cantharides, in order to escape from the impend- ing trial. He is spoken of by Cicero, in the oration for Archias, as having proposed, in conjunction with Silvanus, a new law respecting the rights of citizenship. Cic. Brut. 27, 43.-Orat. 1, 34.—In Verr. 3, 1.-Ep. ad Fam. 9, 21. www. CASSIUS, Caius, was consul with M. Terentius Varro Lucullus, and not with Gellius, as Manutius maintains (ad. Or. pro Rub. c. 7.) His consulship is to be assigned to A. U. C. 680, the first year of Verres' Sicilian praetorship. He is mentioned by Cicero as having advocated the passage of the Manilian Law. Or. pro L. Manil. 23.-Pro Cluent. 49.-In. Verr. 1, 23.-In. Verr. 3, 41. CASSIUS, Lucius, one of the accomplices of Catiline, and a competitor of Cicero's in suing for the consulship. It is uncertain whether he be the same with the one mentioned in the oration for Cluentius, c. 38.— Or. in Cat. 3, 4. + CATILINA, Lucius Sergius, a Roman of patrician rank, and the last of the gens Sergia. Of his father and grandfather little is known. The former would seem to have been in indigent circumstances, from the language of Quintus Cicero, (de Pet. Cons. c. 2,) who speaks of Catiline as having been born amid the poverty of his father. The great-grand- father, M. Sergius Silus, or Silo, distinguished himself highly in the second Punic war, and was present in the battles of Ticinus, Trebia, Trasymenus, and Cannae. Pliny speaks of his exploits in a very anima- ted strain.—The cruelty of Catiline's disposition, his undaunted resolu- tion, and the depravity of his morals, fitted him for acting a prominent part in the turbulent and bloody scenes of the period in which he lived. He embraced the interests of Sylla, in whose army he held the office of quaestor. That monster, in his victory, had in Catiline an able coadjutor, whose heart knew no sympathy, and his lewdness no bounds. He re- joiced in the carnage and plunder of the proscribed, gratifying at one time his own private resentments, by bringing his enemies to punishment, and executing at another the bloody mandates of the dictator himself. Many citizens of noble birth are said to have fallen by his hands, and according to Plutarch, he had assassinated his own brother, during the civil war, and now to screen himself from prosecution, persuaded Sylla to put him HISTORICAL INDEX. 463 down among the proscribed, as a person still alive. He murdered, too, with his own hands, his sister's husband, a Roman knight of a mild and peaceable character. One of the most horrid actions, however, of which he was guilty, would seem to have been the killing of M. Marins Grati- dianus, a near relation of the celebrated Marius. Sylla had put the name of this individual on the list of the proscribed; whereupon Catiline en- tered the dwelling of the unfortunate man, exhausted upon his person all the refinements of cruelty and insult, and having at length put an end to his existence, carried his bloody head in triumph through the streets of Roine, and brought it to Sylla, as he sat on his tribunal in the forum. When this was done, the murderer washed his hands in the lustral water at the door of Apollo's temple, which stood in the immediate vicinity.- Catiline was peculiarly dangerous and formidable, as his power of dis- simulation enabled him to throw a veil over his vices. Such was his art, that, while he was poisoning the minds of the Roman youth, he gained the friendship and esteem of the severe Catulus. The close of his career is detailed in the pages of Sallust. Being driven from the city by the eloquence of Cicero, he betook himself with a body of fol- lowers to the camp of Manlius in Etruria, and in the action which ensued with the forces of the republic, whose movements had cut him off from all communication with lower Italy, while another army prevented his passage into Cisalpine Gaul, he fell bravely fighting near the Etrurian town of Pistoria. Plin. H. N. 7, 29.-Plut. Vit. Syll. c. 32.—Id. Vit. Cic. c. 10.-Sallust, B. C. c. 56, seqq. CATO, Marcus Porcins, surnamed for distinction sake, "the Elder," and also "the Censor," was born B. C. 234, at Tusculum, of a family in no respect remarkable. After having passed his earlier years in the country, he came to Rome, through the persuasions of Valerius Flaccus, a nobleman who had an estate contiguous to Cato's. Valerius had heard of Cato through his domestics. They told him that he used to go early in the morning to the little towns in the neighbourhood, and defend the causes of such as applied to him; that thence he would return to his farm, where, in a coarse frock if it was winter, and naked if it was sum- mer, he would labour along with his domestics, and afterward sit down with them, and partake of their bread and wine. At Rome, Cato's pleadings soon procured him friends and admirers; and the interest of Valerius likewise greatly assisted him, so that he was at first appointed tribune of the soldiers, and afterward elected quaestor. Among all the more aged senators he attached himself chiefly to Fabius Maximus. He was at first quaestor in Africa, under Scipio Africanus, and afterward praetor in the island of Sardinia, which he brought under the Roman sway. Being elected to the consulship, along with his early friend and patron Valerius Flaccus, he obtained for his province the government of Hispania Citerior, where he greatly signalized himself, and for his suc- cesses in which country he was honoured with a triumph. chosen censor, with Valerius again for his colleague, B. C. 184, and discharged the duties of that high office with such inflexible severity, as to obtain from it one of the titles usually appended to his name. Cato occupies a conspicuous place in Roman history for his obstinate perse- verence in insisting on the destruction of Carthage, and is said to have ended every speech, no matter what the subject was, or with what busi- ness the senate might be engaged, by repeating the well-known phrase, He was 464 HISTORICAL INDEX. "Censeo quoque Carthaginem esse delendam," or, as it is more com. monly given," Delenda est Carthago." His advice was at last followed, but the tide of corruption that flowed in upon Rome, when the fear of her great rival was at an end, shows plainly how feeble, in this respect, were Cato's claims to political sagacity. This distinguished man ended his days B. C. 149, at the age of 85, and at the very roment when the third Punic war had broken out, which ended in the fulfilment of his long-cherished wish concerning Carthage.-As a magistrate, a general, a lawyer, and a public speaker, Cato the censor. merits a high degree of reputation. His rigour and austerity, brought to bear with no less strictuess on his own life than on that of others, obtained for him from his countrymen a degree of consideration fully equal to that which he had acquired by the exercise of his talents. He was the inveterate and sworn foe of luxury, and so keenly did he pursue it under all the various shapes which it assumed, as even to cut off the pipes by which private individuals conveyed water from the public fountains into their houses and gardens, and to demolish all the buildings that projected into the streets. He is well known also for his strenuous opposition to the intro- duction of the fine arts and the sciences into the capital of Italy, through fear lest the refinements of Greece and Asia might corrupt the principles of his countrymen. He pressed also the departure of the Greek philos- ophers who had come to Rome as ambassadors from Athens, for he dreaded lest the habit of speaking ou both sides of a question, on which Carneades one of the number particularly prided himself, might convert the Roman youth into mere sophists, and render them indifferent to glory and virtue. And yet he himself took up the study of the Greek language at an advanced period of life.-Cato, by the universal consent of his contemporaries, passed for the best farmer of his age, and was held un- rivalled for the skill and success of his agricultural operations. He is the author of a work on husbandry, entitled "De Re Rustica," which has come down to our times, though in a somewhat imperfect state, since Pliny, and other writers allude to subjects as treated of by Cato, and to opinions as delivered by him in this book, which are nowhere to be found in any part of the work as we now have it. In its present state, it resembles merely the loose and unconnected journal of a plain farmer, expressed with rude, sometimes with almost oracular, brevity. It con- sists solely of the dryest rules of agriculture, and some receipts for making various kinds of cakes and wines. The most remarkable feature in the work, however, is its total want of arrangement. Cato left also one hundred and fifty orations, which were existing in Cicero's time, though much neglected. They are now lost. Cicero admits, that, if number and cadence, and an casier turn of expression were given to his sentences, there would be few who could clain the preference to Cato. He wrote also a book on Military Discipline, a good deal of which has been incorporated into the work of Vegetius. His principal production, however, was an historical treatise in seven books, entitled De Origi- nibus." Its object was to discuss and settle the history and antiquities of the Roman people, with a view to counteract the influence of the Greck taste, introduced by the Scipios. Only fragments of it remain. He wrote also on Orators and on the Medical art. The former of these productions was a treatise addressed to his son, and entitled " De Oratore ad filium." The work on medicine would appear to have been a sin- ་ HISTORICAL INDEX. 465 gular affair; and his great object was to decry the compound drugs of the Greek physicians, whom he accuses of having formed a league to poison all the barbarians, among whom they classed the Romans. Cato finding that their patients lived, notwithstanding this detestable conspir- acy, began to regard the Greek practitioners as impious sorcerers, who counteracted the course of nature, and restored dying men to life by means of unholy charms; and he therefore advised his countrymen to remain steadfast, not only by their old Roman principles and manners, but also by the venerable unguents and salubrious balsams, which had come down to them from the wisdom of their grandmothers. Such as they were, Cato's old medical saws continued long in repute at Rome.— Aulus Gellius mentions Cato's Libri quaestionum epistolicarum,” and Cicero his Apophthegmata, (De Off. 1, 29,) which was probably the first example of that class of works which, under the appellation of Ana, be- came so fashionable and prevalent in France.-Cato wrote also a work entitled "Curmen de Moribus." This, however, was not written in verse, as might be supposed from the title. Precepts, imprecations, and prayers, or any set formula whatever, were called Carmina. Dunlop's Roman Lit. vol. 2, p. 12, seqq. * CATO, Marcus Porcius, afterward surnamed in history Uticensis, on account of his having destroyed himself at Utica, was the great-grand-, son of Cato the censor. His parents died when he was very young, and he was educated under the roof of his mother's brother, Livius Drusus. He was austere in his morals, a strict follower of the tenets of the Stoic sect, and so great a lover of what was virtuous and right, as to pursue every object of such a nature with undeviating steadiness, regardless of the difficulties which he might have to encounter, or of the dangers to which he might be exposed. Cato exerted himself, though in vain, to stem the torrent of Roman luxury and corruption, and in his own person he copied the simplicity of earlier days. He often appeared barefooted in public, and never travelled but on foot. In whatever office he was employed, he always reformed its abuses, and restored the ancient reg- ulations. To the qualities of a virtuous man, and the rectitude of a stern patriot, Cato added the intrepidity of a brave soldier and the talents of an able general. In the affair of the conspiracy of Catiline, he gave Cicero his constant and vigorous support, and it was chiefly through his efforts, in opposition to those of Caesar, that the accomplices of Catiline were capitally punished. This virtuous Roman put an end to his existence at Utica, after the defeat of Juba and Scipio by Caesar in the battle of Thapsus. Plut. Vit. Cat. Min. CATULUS, Quintus Lutatius, a noble Roman, conspicuous for both his love of country and private virtues. He was the colleague of Marius, in the consulship, when the Cimbri and Teutones came down upon the south of Europe, and he was engaged with that commander in the san- guinary conflict at the Raudii Campi, where the Cimbri were so signally defeated by the Romans. We afterward find him censor with Crassus; and, subsequently to this, opposing the attempt of Crassus to make Egypt tributary. Catulus was in politics on the aristocratic side, and was of course a warm opponent of Julius Caesar. He was competitor also with the latter for the office of pontifex, but was unsuccessful in his applica- tion. The character of Catulus stood deservedly high. A stranger to flattery and adulation, he reproved, with equal openness, the levity of the 466 HISTORICAL INDEX. multitude, and the misconduct of the senate. After a long life of hon ourable usefulness, Catulus was compelled to put an end to his days, by order of the sanguinary Marius. In order to effect this, he shut himself up in a narrow chamber, newly plastered, and suffocated himself by the va- pour produced by a large fire. Cic. pro Font. 15.—Id. pro Muren. 17.— Id. Orat. 3, 3.--Plut. Vit. Mar. 14, scqq.-Id. ibid. 44.—Id. Vit. Crass. 13. CATULUS, Quintus Lutatius, son of the preceding. He obtained the consulship along with Lepidus, B. C. 78, and opposed the views of his colleague who was in favour of rescinding the acts of Sylla. He dedi- cated the new capitol, the old one having been destroyed by fire. Ca- tulus was the first that pronounced Cicero" the father of his country," and it was he who accused Caesar of participation in the conspiracy of Catiline. This is also the Catulus that opposed the passage of the Ma- nilian Law, and of whom Plutarch relates the anecdote which we have mentioned under note 17, page 90. His character for patriotism and integrity stood as high as his father's had. Cic. Or. in Cut. 3, 10.—Id. in Verr. 4, 31.-I. pro Manil. Leg. 17, seqq.-Tucit. Hist. 3, 72.- Vell. Puterc. 2, 31. CETHEGUS, Caius Cornelius, a Roman of corrupt morals and turbulent character. He filled at one time the office of tribune, and was also a warın partisan of Sylla, after having originally sided with Marius. Sub- sequently, however, losing the influence which he had possessed, he joined in the conspiracy of Catiline. Cicero informs us, that, in rash- ness and daring, he surpassed Catiline himself, and almost equalled him in strength of body, love of arms, and dignity of birth. In arranging the details of the plot, the conspirators assigned to Cethegus the task of posting himself at the door of Cicero's house, and, after he had forced an entrance, of murdering that illustrious Roman. The vigilance of Cicero frustrated this design. Cethegus was apprehended along with Lentulus and the rest, and strangled in prison.-Sallust. B. C. 43.—Id. ibid. 45. -Cic. Or. in Cut. 3, 3. CICERO, Quintus Tullius, brother of the orator. He attained to the dignity of praetor, A. U. C. 693, and afterward held a government in Asia, as pro-praetor, for four years. Quintus returned to Rome at the moment wher his brother was driven into exile; and for some time after was chiefly employed in exerting himself to obtain his recall. Subse- quently to this, we find him serving as one of Caesar's lieutenants in Gaul, and displaying much courage and ability on many trying and im- portant occasions. During the civil war, however, he abandoned the sido of Caesar, and espoused the party of Pompey. But, after the battle of Pharsalia, he followed Caesar into Asia, in order to obtain a pardon, and that he might the more easily accomplish this, he throw all the blame of his defection upon his brother the orator. For this purpose, he made it a point in all his letters and remarks to Caesar's friends, to rail at the orator in a most unfeeling and disgraceful manner At a subsequent period he was proscribed by the triumviratc, and concealed himself at Rome, but was discovered and put to death together vith his son.-We have remaining, at the present day, the correspondence of Cicero, the orator, with his brother Quintus. The first letter in the collection is one of the noblest productions of the kind that has ever been penned. It is addressed to Quintus on occasion of his governinent in Asia being pro- longed for a third year. Availing himself of the rights of an elder brother, HISTORICAL INDEX. 467 as well as of the authority derived from his superior dignity and talents, Cicero counsels and exhorts his brother concerning the due administra- tion of his province, particularly with regard to the choice of his subor- dinate officers, and the degree of trust to be reposed in thein. He earnestly reproves him, but with much fraternal tenderness and affection, for his proneness to resentment; and he concludes with a beautiful ex- hortation, to strive in all respects to merit the praise of his contempo- raries, and bequeath to posterity an untainted name.-Along with Cicero's letters to Quintus there is usually printed an epistle or memoir, which the latter addressed to his brother when he stood candidate for the con- sulship, and which is entitled De Petitione Consulatus." It gives advice with regard to the measures he should pursue to attain his object, particularly inculcating the best means to gain private friends and acquire general popularity. But though professedly drawn up merely for the use of his brother Marcus, it appears to have been intended by the author as a guide or manual, for all who might be placed in similar circumstances. It is written with considerable elegance, and great purity of style, and forms an important docun.ent for the history of the Roman republic, as it affords us a clearer insight, than we can derive from any other work now extant, into the intrigues resorted to by the heads of parties to gain the suffrages of the people. We have also remaining a small poem by Quintus Cicero, in twenty-one verses, on the signs of the zodiac, and two epigrams preserved in Burmann's Anthology. He is said to have composed tragedies, which are now lost. Cic. Ep. ad Att. 5, 3.-Id. ibid. 11, 8.-Id. ibid. 11, 9.-Dio Cassius, 47. 10.-Appian. B. C. 4, 20.-Bähr. Gesch. Röm. Lit. p. 85.-Schöll. Hist. Lit. Rom. vol. 2, p. 141.-Dunlop. Rom. Lit. vol. 2, թ. 493. 66 CINNA, Lucius Cornelius, a Roman nobleman of considerable influence and personal bravery. He was consul with Cn. Octavius, B. C. 91, but was deprived by his colleague of his consular authority, and driven by him out of the city, because he had by force procured the enactment of several injurious laws. Obtaining possession of the army of Appius Claudius, he declared war on the government, and called to his assistance Marius and other exiles from Africa. Cinna and Marius eventually tri- umphed, Rome opened her gates, and the most cruel excesses were cominitted by the victors. All the leading men of the party of Sylla were put to death, and their property confiscated. Cinna and Marius then declared themselves consuls, and the latter died on the very first day of his entering upon office. L. Valerius Flaccus succeeded him. In his third and fourth consulships, Cinna had Cn. Papirius Carbo for his colleague, with whom he made preparations for a war against Sylla, who was then engaged in the operations against Mithridates. During the fourth consulship of Cinna, Julius Caesar married his daughter Cor- nelia. Cinna eventually, after raising a powerful armament against Sylla, was slain by a centurion of his own army, a rumour having been spread among his soldiers that he had put Pompey, then quite a young man, to death. Haughty, violent, always eager for vengeance, addicted to debauchery, precipitate in his designs, but nevertheless pursuing them with courage, Cinna had passions that caused him to aspire to tyranny, and but few of those talents that would otherwise have led to it. Florus. 3, 21.-Vell. Paterc. 2, 20.-Appian. B. C. 1, 64, seqq.-Plut. Vit. Syll. 10.-Id. Vit. Mar. 41. 468 HISTORICAL INDEX. CLAUDIUS, Appius, called for distinction sake "Minor," or "the younger," having a brother of the same name, who was called, for a similar reason, Mujor," or "the elder." He was praetor in the year when Archias was registered, and afterward consul with P. Servilius Isauricus. Cic. pro Arch. 5.-Pro Planc. 21. 44 CLODIUS, Publius, a Roman of noble birth, but infamous for the cor- ruption of his morals. Among other offences, he is said to have violated the mysteries of the Bona Dea, by penetrating into the house of Caesar, during their celebration, disguised in female attire. He was led to the commission of this act by a guilty attachment for Pompeia, Caesar's wife. Being tried for this impiety, he managed to escape by corrupting the judges. Clodius caused himself to be adopted into a plebeian family, for the purpose of being elected tribune of the coinions, and while hold- ing this office had a number of laws passed, favourable to the people, but contrary to the principles of the Roman constitution. He caused the command of an expedition against Ptolemny, king of Cyprus, to be given to Cato, whom he detested, in the hope that he might fail in this enter- prise, and lose in consequence the credit and influence which he enjoyed at Rome. He cherished also a bitter hatred against Cicero, and pro- cured his banishment from Italy, on the ground that he had violated the laws in the punishment inflicted upon the accomplices of Catiline. He even caused his house to be demolished, and put up his effects at auction, but no one would purchase them. Clodius was eventually assassinated by the retinue of Milo, on an accidental rencontre having taken place between the two, as Milo was journeying towards Lanuviuin, his native place, and Clodius was on his way to Rome. Cic. Or. post red. in Sen. -Id. pro Dom. -Il. de Har. resp.-Id. pro Milone.-Id. Ep. ad Att. 1, 12.—Id. ibid. 1, 18. COEPARIUS, Quintus, a native of Terracina, and accomplice in the conspiracy of Catiline. He was preparing to set out for Apulia, to rouse and arm the slaves against the state, at the time the conspiracy was dis- covered. Having learnt that the plot was detected, he fled from Rome, before the officers, sent by the consuls to apprehend him, arrived at his house, but was afterward taken and strangled in prison. Sallust. B. C. 46.-Id. ibid. 55. COTTA, Lucius, the colleague of Lucius Torquatus in the consulship. During his magistracy the capitol was struck by lightning, A. U. Č. 688. Cic. de Div. 1, 12.-ld. Or. in Cut. 3, 8. CRASSUS, Lucius Licinius, a celebrated Roman orator, highly com- mended by Cicero, who has made him one of the principal interlocutors, in his dialogues de Oratore. He commenced his oratorical career at the early age of nineteen, when he acquired much reputation by his accusa- tion of Caius Carbo; and he not long afterward, greatly heightened his fame, by his defence of the virgin Licinia. Another of the best speeches of Crassus, was that addressed to the people in favour of the law of Servilius Caepio, restoring in part the judicial power to the senate, of which they had recently been deprived, in order to vest it solely in the equites. But the most splendid of all the appearances of Crassus was the immediate cause of his death, which happened A. U. C. 662, a short time before the commencement of the civil wars of Marius and Sylla; and a few days after the period in which he is supposed to have borne a part in the dialogue De Oratore. The consul Philippus had declared, HISTORICAL INDEX. 469 in one of the assemblies of the people, that some other advice must be resorted to, since, with such a senate as then existed, he could no longer direct the affairs of the government. A full senate-house being imme- diately summoned, Crassus arraigned, in terms of the most glowing eloquence, the conduct of the consul, who, instead of acting as the polit- ical parent and guardian of the senate, sought to deprive its members of their ancient inheritance of respect and dignity. Being farther irritated by an attempt on the part of Philippus to force him into compliance with his designs, he exerted, on this occasion, the utmost effort of his genius and strength; but he returned home with a pleuritic fever, of which he died seven days after. This oration of Crassus, followed as it was by his almost immediate death, made a deep impression on his countrymen; who, long afterward, were wont to repair to the senate-house, for the purpose of viewing the spot where he had last stood, and where he fell, as it may be said, in defence of the privileges of his order -Crassus left hardly any orations behind him, and he died while Cicero was still in his boyhood; yet that author, having collected the opinions of those who had heard him, speaks with a minute, and apparently perfect intelligence of his mode of oratory. He was what may be called the most orna- mental speaker that had hitherto appeared in the Forum. He was master of the most pure and accurate language, and of perfect eloquence of ex- pression, without any affectation, or unpleasant appearance of previous study. Great clearness of exposition distinguished all his harangues, and while descanting on topics of law or equity, he possessed an inexhausti- ble fund of argument and illustration. In speaking he showed an un- common modesty, which went even the length of bashfulness. This diffidence never entirely forsook him; and, after the practice of a long life at the bar, he was frequently so much intimidated in the exordium of his discourse, that he was observed to grow pale, and to tremble in every part of his frame. Some persons considered Crassus, as only equal to Antonius; others preferred him as the more perfect and accom- plished orator. Crassus possessed a greater acquaintance with literature, and showed off his information to the most advantage. His language was indisputably preferable to that of Antony; but the action and gesture of Antony were as incontestably superior to those of Crassus. Dun- lop's Roman Literature, vol. 2, p. 215, Lond. ed. CRASSUS, M. Licinius, a celebrated Roman, surnamed "the Rich," on account of his great opulence. At first he was very circumscribed in his circumstances, but by educating slaves, and selling them for a high price, he soon enriched himself. Crassus distinguished himself in the war against Spartacus, after which he was chosen consul with Pompey, and on laying down the consulship obtained after a short interval the office of censor. His supposed participation in the conspiracy of Cati- line was probably without any foundation in truth. What purpose could Crassus, in fact, propose to himself, by entering into a plot to burn a city, in which his own property was so considerable? The enmity which arose between Cicero and Crassus, in consequence of the alleged guilt of the latter, was so bitter, that, according to Plutarch, it would have shown itself by some act of violence on the part of Crassus, had not his son Publius, who was very intimate with Cicero, prevented him. He even prevailed on his father, eventually, to become reconciled to the orator. Crassus became afterward a member of the first triumvirate ; 40 470 HISTORICAL INDEX. and, obtaining Syria for his province, marched against the Parthians, by whom he was defeated and slain. Plut. Vit. Crass. CRASSUS, P. Licinius, held the consulship with Cn. Lentulus Clodi- anus, A. U. C. 656. He was afterward censor, A. U. C. 664, along with L. Julius Caesar, and during his censorship no part of the people were rated. This Crassus was father of the preceding. In an ancient inscription his praenomen is given as Marcus. Or. pro Arch. 5.—Er- nesti, Ind. Hist. s. v. CURIUS, Quintus, a Roman of good family, whose disgraceful and im- moral conduct had caused his expulsion from the senate by the censors. He was connected with the conspiracy of Catiline, but divulged the secret to Fulvia, a fernale of high rank but corrupt principles, with whom he was intimate. Fulvia communicated the danger which threatened the state and the lives of the citizens; and the alarm which this occasioned caused the election of Cicero to the consulship. Cicero subsequently prevailed upon Curius, through the means of Fulvia, to discover to him all the movements of Catiline, and was thus enabled to baffle the schemes of that daring conspirator. In return for these services, rewards were voted him froin the public treasury; but Caesar, whom Curius had named among the conspirators, exerted himself against the fulfilment of the public promise, and the rewards were not given. Sallust. B. C. 23.— Plut. Vit. Cic. 11. a D. DIDIUS, Titus, a Roman, who although of lowly origin, rose notwith- standing to the highest offices in the state. In his praetorship he tri- umphed over the Scordisci. He was afterward consul, along with Q. Metellus, A. U. C. 655. Cic. Or. pro Planc. 25.-Id. in Pis. 25. DIOGENES, a celebrated philosopher of the Cynic sect, born in the third year of the ninety-first Olympiad, at Sinope, a city of Pontus. He was a pupil of Antisthenes, and perfectly adopted the principles and character of his master. Renouncing every other object of ambition, he deter- mined to distinguish himself by his contempt of riches and honours, and by his indignation against luxury. He wore a coarse cloak; carried a wallet and a staff; made the porticoes and other public places his habi- tation, and depended upon casual contributions for his daily bread. He practised the most rigid self-control, and the strictest abstinence, expo- sing himself to the utmost extremes of heat and cold, and living upon the simplest diet. He died in the 90th year of his age. Diogenes left be- hind him no system of philosophy. After the example of his master, he was more attentive to practical than theoretical wisdom. Enfield's Hist. Phil. vol. 1, p. 305, seqq. DRUSUS, Marcus Livius, a Roman tribune of the commons, A. U. C. 662, who, among other ordinances, proposed a law that the allied states of Italy should be admitted to the freedom of the city. Drusus was a man of great eloquence, and of the most upright intentions; but endea- vouring to reconcile those whose interests were diametrically opposite, he was crushed in the attempt, being assassinated at his own house, by Quintus Varius, as was thought, and as Cicero expressly states, although other writers omit the name. The states of Italy considered his death as the signal of a revolt, and endeavoured to extort by force, what they HISTORICAL INDEX. 471 could not obtain voluntarily. In other words, the Social war aroso. Vell. Paterc. 2, 13, seqq.-Liv. Epit. 70.-Cic. N. D. 3, 33. E. ENNIUS, a native of Rudiae, in Calabria, who lived from A. U. C. 515 to 585. He has generally received the glorious appellation of the Father of Roman song. In his early youth he went to Sardinia; and, if Silius Italicus may be believed, he served in the Calabrian levies, which, in the year 538, followed Titus Manlius to the war which he waged in that island, against the favourers of the Carthaginian cause. After the termination of the campaign, he continued to live for twelve years in Sardinia. He was at length brought to Rome by Cato, the censor, who, in 550, visited Sardinia, on returning as quaestor from Africa. At Rome, he instructed the patrician youth in Greek, and acquired the friendship of many of the most illustrious men in the state. Being distinguished in arms as well as in letters, he followed M. Fulvius Nobilior, during his expedition to Aetolia in 564; and in 569 he obtained the freedom of the city, through the favour of Quintus Fulvius Nobilior, the son of his for- mer patron, Marcus. He was also protected by the elder Africanus. He is said to have been intemperate in drinking, which brought on the disease called Morbus Articularis, a disorder resembling the gout, of which he died at the age of 70. A bust of the poet was placed on the family tomb of the Scipios.-To judge by the fragments of his works that reinain, Ennius greatly surpassed his predecessors not only in poeti- cal genius but in the art of versification. By his time, indeed, the best models of Greek composition had begun to be studied at Rome. We find, accordingly, in the works of Ennius, innumerable imitations of the Iliad and Odyssey. It is, however, the Greek tragic writers whom he has chiefly imitated; and indeed it appears from the fragments which remain, that all his plays were rather translations from the dramas of Sophocles, on the same subjects which he has chosen, than original trage- dies. Ennius was also a satirical writer, and the first who introduced this species of composition into Rome. His satires, however, appear to have been merely a kind of cento, made up from passages of various poeins, which by slight alterations, were humorously or satirically applied, and chiefly to the delineation of character. It is much to be regretted, that we possess such scanty fragments of these satires, which would have been curious as the first attempts at a species of composition, which was carried to such perfection by succeeding Latin poets, and which has been regarded as almost peculiar to the Romans. But the great work of Eunius, and of which we have still considerable remains, was his An- nals, or metrical chronicles, devoted to the celebration of Roman exploits, from the earliest periods to the conclusion of the Istrian war. These annals were written by him in his old age; at least Aulus Gellius informs us, on the authority of Varro, that the 12th book was finished by him in his 67th year. We have fragments also of some other works of his. On the whole, the productions of Ennius are rather pleasing and inter- esting, as the early blossoms of that poetry, which afterward opened to such perfection, than estimable from their intrinsic beauty. Dunlop's Rom. Lit. vol. 1, p. 84, seqq. 472 HISTORICAL INDEX. F. FALCIDIUS, Caius, a tribune of the commons, who is mentioned in the oration for the Manilian law, as having been appointed to a lieutenancy the year after he had filled the tribuneship. Or. pro M. L. 19. . FLACCUS, Lucius, was one of the praetors during the consulship of Cicero, and arrested, by order of the latter, in conjunction with Caius Pomptinus, the retinue of the Allobroges, at the Mulvian bridge. He was also military tribune, under P. Servilius, in Cilicia, and quaestor with M. Piso in Spain. We have an oration remaining, which Cicero delivered in his behalf, when he was accused of extortion in his govern- ment of Asia, by D. Laelius. He had obtained this government after going through the quaestorship at home. Or. in Cat. 3, 2.-Pro Flace. 1, &c. FLACCUS, Marcus Fulvius, a man of consular rank, who was charged with the execution of the Agrarian law, proposed by the Gracchi, and who seconded the efforts of Tiberius Gracchus, to procure for all the Italians the rights of Roman citizenship. Having been sent against the Gauls, he defeated them and obtained the honours of a triumph. Four years after this, he was cited by the consul Opimius, along with Tiberius Gracchus, to render an account of his conduct. Flaccus refused to answer the summons, but seized on mount Aventine. Opimius attacked him here, and having put to flight his followers, forced him to take refuge in an old and neglected public bath, where he was slain with his eldest Vell. Paterc. 2, 7.-Plut. Vil. c. Gracch. son. FLAMININUS, Titus Quintius, a celebrated Roman commander, who obtained the consulship A. U. C. 556, before he was thirty years old. Macedonia and the war with Philip fell to his lot. He defeated the enemy on the banks of the Aous, detached the Achaean league from the party of Philip, and crowned his successes by the victory at Cynosce- phalae, after which the king of Macedon found himself compelled to give freedom to the Greek cities in Europe and Asia. Flamininus announced this intelligence, kept secret till then, to the multitude assembled at the Isthmian games, and it was received with the loudest acclamations. Flamininus respected the laws, and adopted the usages and manners of the Greeks, and by this wise course of conduct merited the name of their father and liberator. He was afterward sent as ambassador to the court of Prusias, king of Bithynia, where Hannibal had taken refuge, with a demand that the latter should be put to death, and his prudence and ad- dress contributed not a little to remove from existence a man who had so long been a terror to the Romans. After having held the consular office a second time, Flamininus was found dead in his bed. Plut. Vit. Flam. FLAVIUS, Cneius, the son of a freedman, but an artful and eloquent man. Livy calls him Caius Flavius, and makes his father's naine to have been Cneius, but Caius is given as the true praenomen by Draken- borch (ad Liv. 9, 46.) He was scribe to Appius Caecus, the acdile, and published, for the use of the people, an account of the dies fasti, or days on which legal proceedings could be had, which was called from him Jus Flavianum. The people in return made him curule aedile. The mode which he adopted of making the days in question known to all, was to hang up to public view, round the forum, the calendar on white tablets. HISTORICAL INDEX. 473 His elevation was, of course, extremely unpalatable to the patricians, nor did his own behaviour toward them at all tend to diminish this feeling. To the great displeasure of the nobles, he performed the dedication of the temple of Concord, and the Pontifex Maximus was compelled to dic- tate to him the form of words, although he affirmed, that. consistently with the practice of antiquity, no other than a consul, or commander in chief, could dedicate a temple. Livy says, that Flavius owed his ap- pointment to the aedileship to a faction composed of the lowest of the people, which had gathered strength during the censorship of Appius Claudius; for Appius was the first who degraded the senate, by electing into it the sons of freedmen; and when he found that no one allowed that election to be valid, and that his conduct in the senate-house had not procured him the influence in the city, which it had been his principal object to attain, he distributed men of the meanest order among the dif ferent tribes, and thus corrupted the assemblies both of the forum and campus Martius. To these men Flavius owed his preferment. 9, 46. Liv. FULVIA, a Roman female of high rank, but corrupt principles, who gave Cicero secret information of all the movements of Catiline's party. Her informant was Curius. Sallust. B. C. 23. Id. ibid. 26. FULVIUS, Marcus. Vid. Nobilior. FURIUS, Lucius, was consul A. U. C. 617, along with Sextus Atilius Serranus. He was distinguished in some degree by a taste for literature, and Cicero remarks of him, "perbene Latine locutus est, et literatius Brut. 28. quam ceteri." FURIUS, Publius, one of the accomplices of Catiline, remarkable for his active and daring spirit. He is supposed to be the one to whom Sallust alludes under the epithet Fesulanus. He fell fighting among the foremost, at the battle of Pistoria, where Catiline was defeated by the forces of the republic. Sallust. B. C. 60. G. GABINIUS, Aulus, a tribune of the commons, who proposed the law by which Pompey was invested with supreme command in the war against the pirates. He appears to have been a man of very corrupt and proffi- gate character. For an account of the provisions of this law, consult note 14, page 82; and for some remarks respecting the private character of Gabinius, note 20, page 89. Cicero states, that Gabinius was the only one to whoin a supplicatio" had not been allowed. Philipp. 14, 8. GABINIUS, Publius, a Roman of equestrian rank, whom Cicero calls Cimber. This individual appears to have been one of the most worthless among the accomplices of Catiline. He suffered capital punishment with Lentulus and the rest. Or. in Cat. 3, 3.-Sallust. B. C. 55. (6 GABINIUS, Publius, or, as he is sometimes called, Publius Gabinius Capito, was praetor A. U. C. 664. After returning from his govern- ment of Achaia, he was accused of extortion by Lucius Piso and con- demned. His disgraceful fall destroyed the credit of his register, which his previous corruption had already impaired. Or. pro Arch. 5.—In. Caecil. 20. GALBA, Publius Sulpicius, a Roman senator, who held also at one time the office of Pontifex Maximus. He was a competitor of Cicero's 40* 474 HISTORICAL INDEX. for the consulship, but did not succeed. Or. in Verr. 7.-De Har. Resp. 6.-Ep. ad Att. 1, 1.—Or. pro Muren. 8. GALBA, Servius Sulpicius, was consul along with Marcus Aemilius Scaurus. Cicero speaks highly of his power, as an orator, in arousing and swaying the feelings of his auditors. He was accused by L. Libo, a tribune of the commons, of having cruelly slain a large number of the Lusitani, in his government of Spain, contrary to his own plighted word, and was only acquitted by exciting in his behalf the commiseration of the people. (Consult note 14, p. 120.) He was an ancestor of the emperor Galba. Cic. de Or. 2, 65.-Pro Rabir. 7.-Brut. 21.-Or. 1, 53.- Pro Muren. 28.—Suclon. Galb. 3. GALLUS, Caius Acilius, an eminent lawyer, highly praised by Cicero. Brut. 23.-Top. 12.-Pro Muren. 37. GELLIUS, Lucius, held the censorship, A. U. C. 683, along with Cn. Lentulus, who had also been his colleague in the consulship 681. It was he who declared that a civic crown ought to be voted to Cicero, for his preservation of the republic. Cic. pro Cluent. 42.—Ad Quir. post red 7.-In Pis. 3. GLABRIO, Manius Acilius, held the consulship A. U. C. 684. He was named as the successor of Lucullus, in the government of Bithynia and Pontus, and in the management of the Mithridatic war, but was soon after superseded by Pompey. He appears to have been a person of very little military talent, and not very upright in the discharge of his duties as commander. Or. pro. Man. Leg. 9.-Brut. 68. GLAUCIA, Caius, a seditious and profligate individual, put to death while holding the praetorship, when Marius and Valerius were consuls. The senate had passed the usual decrec, directing the consuls to see that the republic sustained no injury. Saturninus and Glaucia, who were acting in concert, fled into the capitol, with a number of their followers. Here they were besieged, and at last forced to yield for want of water, the pipes being cut off. When they could hold out no longer, they called for Marius, and surrendered themselves to him upon the public faith. Marius tried every art to save them, but nothing would avail. They no sooner came down into the forum, than they were all put to the sword. Such, at least, is the account of Plutarch. Florus, however, says that the people despatched them with clubs and stones. Cicero indulges in some degree of oratorical exaggeration, when he makes Glaucia to have been put to death by the immediate act of Marius. Plut. Vit. Mar. 30. -Cic. Or. in Cat. 3, 6.-Pro Rab. 7.-Fior. 3, 16. GRACCHUS, Tiberius Sempronius, father of Tiberius and Caius Grac- chus. He was twice consul, and once censor, aud was distinguished as well for his integrity, as his prudence and superior ability, either in the senate or at the head of armies. He carried on military operations in Gaul and Spain, and met with much success in the latter country. He married Cornelia, daughter of the elder Africanus, by whom he had the Gracchi. Plut. Vit. Gracchorum.—Cic. Brut. 20.--Prov. Cons. 8. GRACCHI. There were two brothers of this name, Tiberius Gracchus, and Caius Gracchus, sons of Tiberius Sempronius Gracchus, and of Cornelia, the daughter of Scipio Africanus Major. Tiberius, the elder, was of a mild and unruffled temper, but Caius, violent and irascible. The object of the two brothers, in succession, was to have the public lands divided among the citizens. Appian says, that the nobles and rich men, HISTORICAL INDEX. 475 partly by getting possession of the public lands, partly by buying up the shares of indigent owners, had made themselves masters of all the lands in Italy, and had thus, by degrees, accomplished the removal of the com- mon people from their possessions. This abuse stimulated Tiberius Gracchus to revive the Licinian law, by which no one could hold more than 500 jugera, or about 350 acres of land. The owners, however, were to be indemnified for the land they had thus lost. The attempts of the Gracchi cost them their lives. Tiberius was slain in a collision be- tween his adherents and the party of the nobility headed by Scipio Nasica. Caius was slain some years afterward by the consul Opimius and his party. Plut. Vit. Gracch. GRATIUS, the accuser of Archias, probably some obscure individual. The earlier reading was Gracchus, which induced Ilgen to think that Numerius Quinctius Gracchus was meant, who was tribune of the com- mons, A. U. C. 697, but consult note 25, page 50. H. HERENNIUS, Marcus, a public speaker of only moderate ability, who nevertheless triumphed over L. Philippus, in a contest for the consul- ship, A. U. C. 660.-Brut. 45.-Pro Muren. 17. HORTENSIUS, Quintus, an orator and statesman, whose name has been handed down to us by Cicero, with great commendation. He filled in succession the offices of praetor and consul, and died B. C. 50, in the 63d year of his age. His first appearance at the bar was at the early age of 19, and his excellence, says Cicero, was immediately acknow- ledged. The imminent perils of the Social war, which broke out in 663, that is about four years after his first appearance, interrupted, in a great measure, the business of the forum, and hence we find Hortensius serv- ing in this alarming contest for one year as a volunteer, and in the fol- lowing season as military tribune. When, on the re-establishment of peace in Italy, in 666, he returned to Rome, and resumed the more peaceful avocations to which he had been destined from his youth, he found himself without a rival. Crassus died in 662, before the troubles of Marius and Sylla; Antonius, with other orators of inferior note, perished in 666, during the temporary and last ascendancy of Marius, in the absence of Sylla. Sulpicius was put to death the same year, and Cotta driven into banishment, from which he was not recalled until the return of Sylla to Rome, and his elevation to the dictatorship in 670. Hortensius was thus left, for some years, without a competitor; and, after 670, with none of eminence but Cotta, whom also he soon outshone. His splendid, warm, and animated manner, was preferred to the calm and easy elegance of his rival. Accordingly, when engaged in a cause on the same side, Cotta, though ten years his senior, was employed to open the case, while the more important parts were left to the manage- ment of Hortensius. He continued the undisputed sovereign of the forum, till Cicero returned from his quaestorship in Sicily, in 679, when the talents of that orator first displayed themselves in full perfection and maturity. Hortensius was thus, from 666 till 679, a space of thirteen years, at the head of the Roman bar; and being, in consequence, eu- gaged, during that long period, on one side or other, in every cause of importance, he soon amassed a prodigious fortune. He lived, too, with 476 HISTORICAL INDEX. a magnificence corresponding to his wealth. His house at Rome, which was splendidly furnished, formed the centre of the chief imperial palace, which increased from the time of Augustus to that of Nero, till it nearly covered the whole Palatine mount, and branched over other hills. Be- sides his mansion in the capital, he possessed sumptuous villas at Tuscu- lum, Bauli and Laurentum, where he was accustomed to give the most elegant and expensive entertainments.-Hortensius was praetor in 682, and consul two years afterward. The wealth and dignities he had ob- tained, and the want of competition, made him gradually relax from that assiduity by which they had been acquired, till the increasing fame of Cicero, and particularly the glory of his consulship, stimulated him to renew his exertions. But his habit of labour had been in some degree lost, and he never again recovered his former reputation. Cicero partly accounts for his decline from the peculiar nature and genius of his elo- quence. It was of that showy species called Asiatic, which flourished in the Greek colonies of Asia Minor, and was infinitely more florid and ornamental than the oratory of Athens, or even Rhodes, being full of brilliant thoughts and sparkling expressions. This glowing style of rhetoric, though deficient in solidity and weight, was not unsuitable in a young man; and being farther recommended by a beautiful cadence of periods, met with the utmost applause. But Hortensius, as he advanced in life, did not correct this exuberance, nor adopt a chaster eloquence; and this luxury and glitter of phraeseology, being totally inconsistent with his advanced age and consular dignity, caused his reputation to diminish with the increase of years. His elocution, too, became event- ually much impaired by a constant tooth-ache, and swellings in his jaws, and this complaint became at length so severe as to accelerate his end. The speeches of Hortensius suffered greatly by being transferred to writing, his chief excellence consisting in action and delivery. None of his speeches have come down to us. Dunlop, Rom. Lit. vol. 2, p. 222. I. JULIUS. Vid. L. Julius Caesar. JULIA, a Roman female, of the house of the Caesars, but of a different branch from that whence sprang Julia, the aunt of Julius Caesar, and wife of Marius. She was first married to M. Antonius Creticus, by whom she had Antony the triumvir; and, after the death of Creticus, she was united to Lentulus, the accomplice of Catiline. The punish- ment of her second husband was the origin, according to Plutarch, of the enmity that prevailed between Mark Antony and Cicero. Plut. Vit. Anton. c. 2. L. LAECA, Marcus Porcius, an accomplice of Catiline's, who, in the dead of night, convened the leading members of the conspiracy at his own house, just before the discovery of the plot. He was a descendant of M. Porcius Laeca, tribune of the commons, who had a law passed pro- hibiting magistrates from punishing a Roman citizen with death, and substituting for capital punishment, banishment and confiscation of property. Sallust. B. C. 27. LAELIUS, Caius, a Roman, celebrated for his intimate friendship with HISTORICAL INDEX. 477 the elder Africanus, and which commenced in early life. He followed that eminent commander in all his campaigns, and was the confidant of all his secrets. Laelius commanded the Roman fleet which blockaded the port of Carthage, while Scipio pressed the siege by land; and after the capture of the place he was presented by Scipio with a golden crown and thirty oxen, besides receiving the highest encomiums for his signal services. He was afterward elected aedile, and finally attained to the consulship, B. C. 190. Liv. 26, 42.-Id. 27, 7.-Id. 28, 23, &c. LAELIUS, Caius, surnamed Sapiens, or "the Wise," was the son, or, according to some, the grandson of the preceding, and equally celebrated for his friendship with the younger Africanus. While praetor, he suc- cessfully prosecuted the war against Viriathus, B. C. 146, and subse- quently, B. C. 140, was chosen to the consulship. Laelius was more eminent, however, for private virtues and intellectual endowments thar military abilities; and it is to him that Cicero assigns the eulogium on Friendship, in his dialogue "de Amicitia." Scipio and Laelius were reported. though without any truth, to have aided Terence in the compo- sition of his dramatic pieces. Cic. de Inv. 1, 7.—Id. de Off. 2, 11.— Id. Tusc. Disp. 5, 19. LENTULUS, Cneius Cornelius, was consul with L. Gellius, A. U. C. 681, and afterward censor with the same. He is described by Cicero as producing considerable effect, in public speaking, by the management of his tones and look, but by no means a solid or fluent speaker. in Verr. 5, 7.—Pro Cluent. 42.—Brut. 66.—Or. pro Man. L. 23. LENTULUS, Cneins, was tribune of the commons, and the next year enjoyed a lieutenancy. Or: pro Man. L. 19. Cic. LENTULUS, Lucius, was praetor, when P. Gabinius was condemned for extortion. Or. pro Arch. 5. Lentulus, Publius Cornelius, was consul A. U. C. 591, and subse- quently princeps senatus. He was the grandfather of Lentulus the accomplice of Catiline, and is highly commended by Cicero for his patriotism. Or. in Caecil. 21.-In Cat. 3, 5. LENTULUS, Publius Cornelius, surnamed Sura, a Roman nobleman, possessed of some share of talent, but extremely corrupt in his private character. The interest of his family, and the affability of his manners, proceeding from a love of popularity, raised him through the usual gra- dation of public honours to the office of consul, which he obtained B. C. 73, in conjunction with Cn. Aufidius Orestis. Expelled from the senate on account of his iminoral conduct, he had procured the praetorship, the usual step for being again restored to that body, when Catiline formed his design for subverting the government. Poverty, the natural conse- quence of excessive dissipation, added to immoderate vanity and extrav- agant ambition, induced him to join in the conspiracy. The soothsayers easily persuaded him, that he was the third one of the gens Cornelia destined by the fates to enjoy the supreme power at Rome. L. Corne- lius Sylla, and L. Cornelius Cinna, had both attained to that elevation. His schemes, however, all proved abortive, and he was strangled in prison with the other conspirators who had been arrested. Plutarch informs us, that he received the name of Sura, in consequence of his having wasted a large sum of public money, in his quaestorship, under Sylla, who, enraged at his conduct, demanded a statement of his accounts, in the senate, when Lentulus, with the utmost indifference, declared he 478 HISTORICAL INDEX. had no accounts to produce, and contemptuously presented to him the calf of his leg, (sura.) Among the Romans, particularly among the boys, the player at tennis, who missed his stroke, presented the calf of his leg to receive as a punishment a certain number of blows upon it. Lentulus, in allusion to that game, acted in the manner just described, which accounts for the surname, or rather nickname, of Sura. Such is the account of Plutarch; but it may be doubted whether the explanation be correct, as regards the conspirator Lentulus, the name as appears from Livy (22, 31,) being one of carlier date. Plut. Vit. Cic. c. 17.- Sullust. B. C. c. 55. LEPIDUS, Manius, was consul with L. Volcatius Tullus, A. U. C. 687. Consult note 6, page 6. LEPIDUS, Marcus, was consul with Catulus, A. U. C. 675. Consult note 12, page 34. LUCULLUS, Lucius Licinius, a Roman noble, celebrated both for his munificence and military talents. He distinguished himself at first by his rapid progress in literary pursuits, and particularly in eloquence and philosophy. His first campaigns were made in the war with the Marsi, where he acquired considerable reputation by his valour. He conciliated the favour of Sylla by his agreeable disposition, and by his constancy in friendship. This new connexion procured for him in succession the offices of quaestor in Asia, and praetor in Africa. In this latter province he won two naval victories over Hamilcar, and gained the affections of all by his justice, moderation, and humanity. Raised to the consul- ship, B. C. 74, and charged with the prosecution of the war against Mithridates, he commenced by delivering his colleague Cotta, who was besieged in Chalcedon. This success was followed by a great victory, gained over the forces of Mithridates, on the banks of the Granicus, and by the reduction of Bithynia. Similar success attended the Roman arms by sea, and Mithridates stripped of his former power, was compelled to fly for refuge to his son-in-law Tigranes, king of Armenia. Lucullus, on ascertaining his flight, hastened to cross the Euphrates, gave battle to a numerous army of the Armenian monarch, and gained a signal victory, although his own forces were far inferior in point of number to those of the foe. The capture of Tigranocerta, and the seizure of the royal treasures contained in it, were the fruits of this brilliant success. The following year was marked by the capture of Nisibis. The pride and severity of Lucullus, however, alienated from him the affections of his soldiers, and proved injurious to his interests at home. The defeat of Triarius, his lieutenant, furnished a pretext for the attacks of the malev- olent, and Pompey was appointed to succeed him in the command, and to continue the war against Mithridates. Their common friends brought Lucullus and Pompey to an interview. They met at first upon polite. terms, but soon broke out into open variance, and parted greater enemies than ever. Lucullus upon this set out for Rome, with but 1600 men, which were all that Pompey allowed him to take home with him, in order to attend his triumph, and even the triumph itself he obtained with diffi- culty, such was the coldness with which he was received in the capital. The days of his glory terminated with this ceremony; and he lived after this in complete retirement, without taking any part in those civil disor- ders, which soon after took their rise at Rome, and in which, if he had been possessed of a little more ambition, he might have taken a very HISTORICAL INDEX. 479 prominent place. He devoted the remainder of his days to literary pur- suits, and to the society of his intimate friends, and had a large and val- uable library, to which he took pleasure in admitting the wise and learned of the day. He himself wrote with equal excellence in both Greek and Latin, and composed a history of the Marsic war, in which he had served. Lucullus was remarkable for his lavish and expensive style of living, the means of supporting which he had obtained in abundance from his Asiatic campaigns. He died at the age of 67 or 68 years. The people render- ing tardy justice to his merits, insisted on burying him in the Campus Martius, and it was with great difficulty his brother obtained leave to inter hin, in accordance with his own wish, on his estate at Tusculum. Plut. Vit. Lucull. M. MAELIUS, Spurius, a Roman of equestrian rank, A. U. C. 315, who was possessed of extraordinary wealth for the times in which he lived, and strove to make it the means of attaining to sovereign power. Having, through his connexions and dependants, bought up a large quantity of corn from Etruria, which very step, most probably, obstructed the endeavours of the magistrates to lower the price of provisions, he began the practice of bestowing largesses of corn; and having gained the favour of the commons by this munificence, he became the object of general attention. Assuming thence a degree of consequence, be- yond what belonged to a private citizen, he drew the people after him in crowds wherever he went; and they, by the attachment which they ex- pressed towards him, encouraged him to look up to the consulship with a certain prospect of success. He was disappointed, however, in his application for this office, and T. Quintius Cincinnatus and Agrippa Menenius were elected. The designs of Maelius becoming gradually known, he was denounced to the senate, by Minucius, president of the market, who stated that arms were getting collected in the dwelling of Maelius, that he held assemblies in his house, and that there remained not a doubt of his having formed a design to possess himself of absolute power. On this information being received, Lucius Quintius Cincin- natus was appointed dictator, and the latter named Caius Servilius Ahala his master of the horse. The next day, after fixing proper guards, the dictator went down to the forum, and despatched Ahala with a summons for Maelius to appear before him. Maelius declined obeying the man- date, and endeavoured to excite the bystanders in his behalf, who actually rescued him from a lictor sent by the master of the horse to seize him. Betaking himself thereupon to flight, he was pursued and slain by Ahala in person, and the deed was highly applauded by the dictator, who de- clared to Ahala, that he had preserved the commonwealth. Liv. 4, 13, seqq. MANLIUS, Caius, one of the accomplices of Catiline, whom the latter sent into Etruria to levy troops, and adopt whatever measures he might deem necessary for the success of the plot. He commanded the right wing of Catiline's army in the final encounter, and fell fighting with the most desperate valour. Manlius had held a commission in the army of Sylla, under whom he had acquired considerable experience as an officer, and had accumulated great wealth, which, however, he soon squandered 480 HISTORICAL INDEX. away. He engaged in the conspiracy to retrieve his ruined fortunes. Sallust. B. C. 27.-Id. ibid. 59.-Cic. Or. in Cat. 1, 3. MANLIUS, Cneius, a man of humble origin, who is alluded to by Ci- cero as having triumphed over Catulus in an application for office. The orator describes him, as not only a person of ignoble birth, but also with- out merit, without talents, and sordid and contemptible in private life. He was defeated by the Cimbri, along with his colleague Caepio, and was defended by Antonius when accused on this account by Sulpicius. Cic. Or. pro Muren. 17.-Pro Planc. 5.-Or. 2, 28 -Vell. Patcrc. 2, 12.-Drakenborch. ad Liv. Epit. 67.-Ernesti ad Tuc. Germ. 38. MARCELLUS, Caius, the brother of Marcus Marcellus whom Caesar pardoned. He was consul with Cn. Lentulus, at the beginning of the civil war, and is not to be confounded with the Marcellus who held the consulship along with Lucius Paullus. Cic. Or. pro Marcell. 4.-Ma- nut. ad Ep. ad Fam. 15, 7. MARCELLUS, Marcus, an accomplice and intimate friend of Catiline's. Or. in Cat. 1, 8. MARCELLUS, Marcus Claudius, held the consulship with Servius Sul- picius, B. C. 51. He was remarkable for his attachment to republican principles, and his uncompromising hostility towards Caesar; and it was he who proposed to the senate to recall that commander from his province in Gaul. After the battle of Pharsalia, Marcellus went into voluntary exile, and was not pardoned by Caesar until some considerable interval had elapsed, and then only at the earnest intercession of the senate. It was on this occasion that Cicero delivered his speech of thanks to Cae- Marcellus, however, did not long survive to enjoy the pardon thus obtained, having been assassinated by an adherent of his, P. Magius Cilo. Consult the concluding note to the oration for Marcellus, page 76. Cic. pro Marc.-Ep. ad Fam. 4, 12.-Ep. ad Att. 13, 10.—Val. Max. 9, 11. sar. MARCELLUS, Marcus Claudius, the celebrated opponent of Hannibal mentioned incidentally in the oration for the Manilian law, c 16. He is famous for the check which he gave Hannibal at Nola, for the capture of Syracuse, and for his subsequent successes against the Carthaginians in southern Italy. He lost his life, by being entrapped into an ambus- cade, at the age of 70, and in his fifth consulship. Marcellus was no less celebrated for his private than his public virtues. Liv. 22, 35.- Id. 23, 14.-Id. 24, 9.—Id. 25, 3, &c. MARIUS, Caius, a native of Arpinum, remarkable for his military tal- ents, but still more for his cruel and vindictive disposition. Having pre- served the state by his bravery, he afterward brought it to the brink of ruin by his reckless and uncompromising violence. In early life he was a ploughman, and wrought for hire. Quitting that employment, he entered the ranks of the army, and distinguished himself under Scipio at the siege and capture of Numantia. From the condition of a common soldier, he gradually rose to the command of the Roman forces, and the office of consul. After bringing the war with Jugurtha to a close, he defeated in two terrible encounters the Teutones and Cimbri, slaying an immense number, and taking a vast multitude prisoners. After these signal victories, his ambitious feelings brought him into collision with Sylla, and a desolating civil war was the consequence. To crush the power of his rival, Sylla marched the troops, which he had raised to carry HISTORICAL INDEX. 481 on the war against Mithridates, to the Roman capital, and Marius was obliged to flee. In his banishment he underwent uncommon hardships, from which he was in the end released by Cinna's embracing his inter- ests. He then returned to Rome to satiate his inhuman resentment, and butchered many thousands of the citizens. Tired at last with mur- der and assassination, he and Cinna appointed themselves consuls. But Marius, worn out by infirmities, age, and excessive intoxication, to which he probably had recourse in order to blunt the stings of a guilty con- science, died on the first day of his being invested with the consulship for the seventh time. Plut. Vit. Mar.-Sallust. B. J. 63, &c. MAXIMUS, Quintus Fabius, an illustrious Roman, the well-known op- ponent of Hannibal, and styled Cunctator, from having saved his country by his wise delay, and cautious operations. He is incidentally alluded to by Cicero in the oration for the Manilian law, c. 16. Plut. Vit. Fab. Max. METELLUS, Quintus Caecilius, surnamed Numidicus, enjoyed the con- sulship with M. Junius Silanus, B. C. 111. He obtained Numidia as his province, and had nearly brought the war against Jugurtha to a close, by his military talents and incorruptible integrity, when he was removed from the command by the intrigues of Marius. For defeating Jugurtha and desolating Numidia, Metellus received the surname of Numidicus, and according to Eutropius, (4, 27,) a triumph. Sometime after, he was summoned to trial by Saturninus, a tribune, for having refused to swear to observe the Agrarian law, which this individual had carried by force; and, although all the good citizens supported him, he went, in order to prevent any commotion, into voluntary exile at Rhodes. Marius pro- nounced sentence of banishment against him, B. C. 104; two years after which, however, he was honourably recalled. Sallust. B. J. 30, seqq.-Vell. Patcrc. 2, 9.-Aul. Gell. 17, 2.—Val. Max. 13, 8.—Cic. pro Arch. 3, &c. METELLUS, Quintus, surnamed Pius, was the son of Metellus Numi- dicus. He served under his father in Numidia, and is alluded to by Sallust in his history of the Jugurthine war. He obtained the consul- ship, B. C. 80, and was sent against Sertorius in Spain. The latter, however, proved far superior to him in talents and activity, though Me- tellus occasionally gained some advantages over him. The surname of Pius was given him on account of the sorrow he testified at the exile of his father, and his eager efforts to have him recalled. Plut. Vit. Sert. 22. Vell. Paterc. 2, 1, &c.—Sallust. B. J. 44. METELLUS, Quintus, surnamed Creticus, was consul B. C. 70, along with Q. Hortensius. On the expiration of his consulship, he obtained, as pro-consul, the island of Crete for his province, and reduced it be- neath the Roman sway, for which he obtained the surname above men- tioned. He was honoured besides this with a triumph, notwithstanding the opposition of Pompey. Consult note 2, page 83. Sallust. B. C. 17. Vell. Paterc. 2, 34.-Cic. Or. in Verr. 1, 9.-Pro Flacc. 13.- Ep. ad Att. 1, 19. MITHRIDATES, a celebrated king of Pontus, in Asia Minor, surnamed Eupator, and the seventh in succession. He was distinguished for his personal bravery and military talents, and for the long resistance which he made to the armies of Rome. At last, however, being deserted by his allies, betrayed by his son Pharnaces, and frequently defeated by the A Sk 41 482 HISTORICAL INDEX. Romans, he was, at his own request, slain by a Gaul, that he might not fall into the hands of his enemies. The constitution of this monarch was so fortified by antidotes, of many of which he is said to have been the inventor, that the strongest and most active poisons had no effect upon him. The true form of the name appears to be Mithradates, the root being the appellation of the solar deity among the Persians, i. e. Mithras or Mithra. Custom, however, has sanctioned the other form. Appian. Bell. Mithrid.-Plut. Vit. Lucull.-Id Vit. Syll., &c. MUMMIUS, Lucius, surnamed Achaicus, from his overthrow of the Achaean league, and reduction of Southern Greece, was consul, B. C. 146. He was sent into the Peloponnesus, against the Acheans, defeated their general Diaeus, put an end to the famous league which bore their name, took and burnt Corinth, and reduced the whole of Southern Greece to a Roman province under the name of Achaia. He received the honours of a triumph, and the surname above mentioned. Mummius is celebrated for his disinterestedness, and his ignorance of the fine arts. He would not enrich himself with the spoils of Corinth; while so little acquainted was he with the value of paintings and statues and other masterpieces of art obtained from the captured city, as to enjoin upon those who were to convey them to Rome, that they should supply their places by others at their own expense, in case these were lost. Flor. 2, 6.-Vell. Paterc. 1, 13.—Plin. H. N. 34, 7.—Id. ibid. 37, 1.— Pausan. 7, 24. MUNATIUS, Titus, one of the associates of Catiline, described by Cicero as of dissolute habits, and deeply involved in debt. Or. in Cat. 2, 2. MURENA, Lucius Licinius, an eminent Roman general, who com- manded one of the wings of the army of Sylla, in the battle with Arche- laus, general of Mithridates, near Chaeronea, B. C. 87. Sylla, shortly after this, having made an armistice with Mithridates, returned to Rome, leaving Murena in command of the Asiatic forces. This officer, pretend- ing ignorance of the treaty, which had only been orally made between Sylla and Mithridates, invaded the territory of that monarch, and took and plundered Comana; but was subsequently defeated by Mithridates, and compelled to retire into Phrygia. These contests form in history what is termed the second Mithridatic war. Murena subsequently obtained a triumph at Rome, which, in the opinion of historians, was granted him by Sylla for no other reason than to match it against the trophies raised by Mithridates. His movements in Asia certainly do not appear to have entitled him to one. Appian. B. M. 63, seqq. MURENA, Lucius Licinius, son of the preceding, was one of the lieutenants of Lucullus in Asia, and distinguished himself in the war against Mithridates. Not long after he stood candidate for the consul- ship, and was successful in his application, but was accused of bribery. Cicero defended him, and succeeded in procuring his acquittal. Or. pro Muren. MURENA, Caius Licinius, brother of the Murena whom Cicero defended. He was governor of Transalpine Gaul when Catiline's conspiracy broke out, and secured a number of the malcontents, who were endeavouring to excite commotions in his province. Sallust. B. C. 42. HISTORICAL INDEX. 483 N. NATTA, Lucius, a member of the old Pinarian line, and step-son to Murena. He is praised by Cicero, in his oration for that individual; but far different language is used by the orator concerning him, in one of his letters to Atticus. Natta, it seems, subsequently to the period of Cicero's pleading for Murena, was Pontifex Maximus, and dictated the form of words, when Clodius consecrated, for the erection of a temple, the ground on which Cicero's house had stood. Or. pro Muren. 35.—Ep. ad Alt. 4, 8. NAEVIUS, Cnaeus, a native of Campania, and the first imitator of the regular dramatic works which had been produced by Livius Andronicus. He served in the first Punic war, and his earliest plays were represented at Rome A. U. C. 519. The names of his tragedies are still preserved, and a few fragments of the pieces themselves. He was accounted, however, a better comic than tragic poet. Naevius, unfortunately, indulged, in the course of his productions, in personal and offensive sarcasms against some of the most distinguished patricians of the day. The Metelli, in particular, were the objects of his satire and retaliated upon the poet by having him thrown into prison. Here he wrote some comedies, which were intended, in some measure, as a recantation of his former invectives, and he was accordingly liberated. But relapsing soon after into his former courses, and continuing to persecute the nobility in his dramas and satires with implacable dislike, he was at length driven from Rome by their influence, and having retired to Utica, died there, according to Cicero in the year 550; but Varro fixes his death somewhat later. Besides his comedies, Naevius was also author of the Cyprian Iliad, a translation from a Greek poem, called the Cyprian Epic. He likewise wrote a metrical chronicle, relating chiefly to the events of the first Punic war. Dunlop, Rom. Lit. vol. 1, p. 74, seqq. NICOMEDES, king of Bithynia, and the third of the name, succeeded his father, Nicomedes 2d, B. C. 92. He was at first dethroned by Socrates, his brother, and then by Mithridates, who protected Socrates. The Romans, however, re-established him in his dominions. Having in his turn attacked the king of Pontus, he was defeated, and driven once more from his dominions, but was replaced upon the throne by Sylla. He governed for the space of ten years after this, and then died without issue, leaving the Roman people his heirs. Appian. B. M.-Florus. 3, 5.-Justin. 38, 3.—Sueton. Vit. Jul. 2.-Vell. Paterc. 2, 4. NOBILIOR, Marcus Fulvius, was praetor in Spain, A. U. C. 558, and carried his arms as far as the Tagus, making himself master of Toletum, until then regarded as impregnable. Being appointed to the consulship in the year 565, he was intrusted with the war in Greece. Having with the aid of the Epirots taken the city of Ambracia, considered as the key of the neighbouring country of Aetolia, he compelled the Aetolians to sue for peace, which was only granted them on condition of their giving up to the Romans all the cities and territories, which they had conquered since the consulship of Flamininus; of paying the expenses of the war; of sending forty hostages, and of engaging to have no other friends and enemies than those of Rome. Two years after this, he was accused before the senate of having inflicted injuries on the allies of the Roman people, but his only reply to the charge was to demand a supplicatio and 484 HISTORICAL INDEX. triumph, which were actually awarded him. He was appointed censor, A. U. C. 575, with Aemilius Lepidus, his mortal enemy, and consented for the good of the state to become reconciled to him. Liv. 33, 42.— Id. 35, 7.-Id. 37, 3, &c. 0. OCTAVIUS, Cneius, a partisan of Sylla's, who held the consulship A. U. C. 667, and drove out his colleage Cinna from the city. Consult note 8, page 34. OPIMIUS, Lucius, a Roman nobleman, who held the consulship with C. Fabius Maximus Allobrogicus, and who, while in that office, over- powered Caius Gracchus, the advocate of the Agrarian law. No fewer than three thousand persons were slain on this occasion, according to Plutarch, and along with Gracchus perished M. Fulvius Flaccus, a man of consular dignity. Opimius subsequently allowed himself to be bribed by Jugurtha, and being brought to trial for this offence, was condemned, and went into banishment at Dyrrhachium, where he died in great pov- erty. The name of this individual has also descended to later times in another way. The wine made during his consulship was remarkable for having attained to a very great age, and was called Vinum Opimianum. There appears to have been an uncommon vintage during the year in which he was consul. Cicero states that he tasted some Opimian wine seventy-five years after; and Pliny informs us, that it was still to be found when he wrote, at the distance of two hundred years, and that it had the appearance of candied honey. Cic. pro Planc. 69.—Pro Sext. 122.-Sallust. B. J. 12.-Vell. Paterc. 2, 6.-Plut. Vit. Gracch. 17. -Plin. H. N. 14, 4.-Henderson's Hist. Anct. and Mod wines, p. 69, seqq. OTHо, Lucius Roscius, was tribune of the commons during the con- sulship of Cicero, and had a law passed by which seats were set apart for the equites at the public spectacles. On his appearance in the thea- tre, after this ordinance had been made, a serious disturbance ensued, the knights applauding, and the people hissing him: Cicero, on being informed of the tumult, hastened to the spot, and, calling out the people to the temple of Bellona, he so calmed them by the magic of his elo- quence, that, returning immediately to the theatre, they clapped their hands in honour of Otho, and vied with the knights in giving him demon- strations of respect. Plut. Vit. Cic.-Dunlop. Rom. Lit. vol. 2, p. 332. P. PAULLUS, Lucius Aemilius, more commonly called Paullus Aemilius, a celebrated Roman commander, was the son of L. Aemilius Paullus, who was slain at Cannae. He rendered himself famous by his victories, and was surnamed Macedonicus, from his conquest of Macedonia. He distinguished himself, from early youth, by his zeal for military discipline, and it was to his valour and skill that the Romans owed the great suc- cess which attended their arms in Spain, during his praetorship, B. C. 190, when he was employed in reducing some of the revolted tribes of that country. Being elected consul, B. C. 182, he reduced the Ligu- rians, and obtained a triumph. Having failed, however, in a second application for the consulship, he for a long time renounced public affairs HISTORICAL INDEX. 485 entirely, and turned his attention to the education of his children. But in the year 168, B. C., he was, almost in spite of himself, elected consul a second time, and was sent agains Perses, king of Macedonia. Al- though now sixty years of age, he nevertheless prosecuted the war with the greatest vigour, and, at the decisive battle of Pydna, destroyed the power of Perses, and overthrew the empire of Macedon. His triumph, at Rome, was a most brilliant one, and not the least remarkable object in it was Perses himself, led along as a prisoner, and accompanied by the inembers of his family. The conquest of Macedonia enriched the Roman treasury to such a degree, that the people were exempted from taxation, and continued so until the consulship of Hirtius and Pansa. Paullus Aemilius alone remained poor in the midst of so much wealth, having merely appropriated to his own use the library of the fallen mon- arch. Elevated some time after to the dignity of censor, he conducted himself in that office with the greatest moderation. His death, which happened B. C. 158, was the signal for general mourning, not only among the Romans, but the inhabitants also of the countries which he had con- quered. Paullus Aemilius had by his first wife Papiria, whom he sub- sequently repudiated, two sons, one of whom was adopted into the Fabian family, and the other by the son of Africanus Major. By his second wife he had two other sons, the sudden death of whom gave the Romans a strong proof of the firmness of his character. He saw the elder one expire five days before his triumph, and the younger three days after. Plut. Vit. Paul. Aemil.-Liv. 34, 45.-Id. 35, 10.-Id. 37, 46. -Id. 39, 32, &c. PAULLUS, Lucius, mentioned in the oration for Murena, c. 14, the same with the preceding. PERPENNA, Marcus, a Roman proscribed by Sylla. He passed, upon this into Spain, and became one of the lieutenants of Sertorius, but be- coming jealous of the glory of that commander, and irritated at playing only a secondary part himself, he conspired against him and assassinated him at a banquet. Being taken prisoner after this, he was put to death by Pompey. Plut. Vit. Sert.-Vell. Paterc. 2, 30. PERSES, king of Macedonia. He was the son of Philip V., by a con- cubine, and therefore inferior to Demetrius, the legitimate son of that monarch. By a false accusation, however, he induced the monarch to put Demetrius to death. Philip, on being informed of the truth, re- solved to disinherit Perses, and secure the crown to his younger son Antigonus; but his own death, which happened soon after, frustrated his design. One of the first acts of Perses, on coming to the throne, was to put Antigonus to death, both because he had been intended as successor to Philip, and because it was through him that the innocence of Demetrius was made known. Becoming involved, however, in war with the Romans, he was conquered, and stripped of his kingdom by Paullus Aemilius, who led him in triumph through the streets of Rome. He was afterward sent as prisoner to Alba, where he ended his days. The Romans treated him with more kindness than he deserved, allowing him to retain his attendants, money, &c. With Perses fell the Mace- donian empire. He was the twentieth monarch, reckoning in succession from Caranus, the first king of the country. Liv. 31, 28.—Id. 38, 5.— Id. 39, 23.-Justin. 32, 2.-Id. 33, 12.-Vell. Paterc. 1, 9, seqq.- Tacit. Ann. 4, 55.-Florus. 2, 12.-Plut. Vit. Paull. Aemil. M 41* 486 HISTORICAL INDEX. PHILIPPUS, Lucius, a distinguished Roman orator, considered the best of his time after Crassus and Antonius. In applying for the consulship, he was defeated by M. Herennius, a man of low origin and inferior char- acter. He afterward, however, obtained the consulate in conjunction with Sextus Julius Caesar. In his consulship, he opposed the proceed- ings of the tribune Drusus, and sided with the equites. Mention has already been made, under the article Crassus, of his having inveighed against the senate, and been replied to with great power and eloquence, by that orator. Cic. Brut. 30.—Pro Rabir. 7.—Or. 1, 7.—Or. 3, 1.— Pro Manil. L. 21, &c. PHILIPPUS, the 5th of the name, king of Macedonia, became embroiled in a war with the Romans, by allying himself to Hannibal, who was then in Italy. The consul Laevinus was charged with the war against him. and having surprised him near Apollonia, caused him to flee, and de- stroyed his fleet by fire. This defeat was followed by a peace of but short continuance. The Romans having learnt that Philip had furnished succours to Hannibal, declared war anew against him, a contest which is known in history as the second Macedonian war, the previous one hav- ing been the first. Philip lost successively the battles of Astacus, Aous, and Cynoscephalae, the last of which was decisive in its nature, and compelled him to sue for peace. This was only granted him on the most humiliating conditions. Domestic sorrows came to increase the chagrin occasioned by these disasters. The merits of Demetrius, one of his sons, excited the jealousy of Perses, his eldest offspring, but ille- gitimate in origin. Perses accused the young prince to his father of having designs on the crown. Philippus lent a credulous ear to the charge, and destroyed Demetrius by poison. But he soon became cou- vinced of the treachery of Perses, and to punish him, resolved to bestow the crown on Antigonus, his younger son, when a sudden death carried him off, and frustrated his well-meant intention. He ended his days, B. C. 179, in the 42d year of his reign, and was succeeded by Perses. Liv. 22, 33.-Id. 24, 40.—Id. 26, 22.—Id. 27, 30, &c.—Val, Max. 4, 8.-Justin. 23, 3.—Id. 29, 1, &c.-Plut. Vit. Flamin.-Pausan. 7, 8. -Oros. 4, 20. - PHILUS, Lucius Furius, a Roman distinguished for the advances he had made in learning and philosophy. Consult note 18, page 123, and compare Cic. de Am. 4, 7, 19. Piso, Caius Calpurnius, Cicero's son-in-law. He neglected the quaestorship of Pontus and Bithynia, in order to have more time to de- vote to the interests and safety of his father-in-law. He is praised as a good speaker, in the Brutus, 78. Compare Or. ad Quir. post red. 3.— In Senat. 15. Piso, Cneius, a Roman of good family, but profligate and needy. The urgency of his wants, uniting with the depravity of his disposition, insti- gated him to any measures, which had for their object the convulsion of the state, as the only remedy which could free him from his difficulties and embarrassments. He readily entered into the conspiracy of Cati- line, and, in the execution of the plot, he was to be at the head of an army to hold the Spaniards in subjection. The design transpired, and necessarily prevented its execution. Soon after, although only quaestor, he obtained the government of Hither Spain, with the authority of pro- praetor, by the interest of Crassus, who wished to set him up in opposi- HISTORICAL INDEX. 487 tion to Pompey. The senate assented, in order to have so dangerous a citizen at a distance from the seat of government. Some of the Spanish cavalry, however, who formed part of his train, assassinated him soon. after his arrival in that country. Sallust. B. C. 18, seqq. PLOTIUS, Lucius, a Roman poet, contemporary with Marius, whose praises he sang. He is supposed by some to be the same with the Plo- tius, who was born at Lugdunum, and who was the first that taught rhetoric at Rome in the Latin language. In this he was very success- ful, and had Cicero among his hearers. Or. pro Arch. 9.-Sueton. Clar. Rhet. 2.-Quintil. 2. 4, 42.-Id. 9, 3, 143. POMPEIUS, Cneius, son of Cn. Pompeius Strabo, and the well-known opponent of Caesar. His earlier movements, down to the period of the Mithridatic war, have been so fully detailed in the notes to the oration on the Manilian war, as not to need recapitulation here. A sketch of his character will be found in the dialogue on the life and writings of Cicero. POMPEIUS, Quintus, surnamed Nepos, an individual of humble origin, the son, according to Plutarch, of a flute-player. He attained, however, to the highest honours of the state, and was consul, A. U. C. 612, and afterward censor with Metellus Macedonicus. Or. pro Muren. 7.—In Verr. 5, 70.—de Off. 3, 30.-Brut. 76.—Plutarch. Apophth. p. 200.- (Op. ed. Reiske, vol. 6, p. 755.) POMPTINUS, Caius, a praetor during Cicero's consulship. He was one of the officers appointed by the latter to arrest the Allobrogian ambassa- dors and their retinue. On the expiration of his praetorship, Pomptinus obtained the government of Gallia Narbonensis, defeated the Allobroges, who had revolted, and reduced their country to tranquillity, for which he was honoured with a triumph. Cicero employed him as one of his lieu- tenants in the government of Cilicia, where he distinguished himself by his bravery. Sallust. B. C. 45.-Cic. Or. in Cat. 3, 2.-Pro Flacc. 40.-de prov. Cons. 13.-Dio Cassius, 37, 47.—Id. 39, 65.—Ep. ad Fam. 15, 4, &c. POSTUMIUS, Cneius, one of the assistant accusers (subscriptores) against Murena, and an unsuccessful applicant for the praetorship in the consulate of Cicero. Or. pro Muren. 27. PUBLICIUS, one of the dissolute companions of Catiline. Or. in Cat. 2, 2. R. ROSCIUS. Vid. Otho. Roscius, Quintus, a celebrated Roman actor, from his surname Gallus supposed to have been a native of Gaul, north of the Po, although edu- cated in the vicinity of Lanuvium and Aricia. His acting is highly com- mended by Cicero, who, according to Plutarch, studied the art of gestic- ulation under him. Valerius Maximus informs us, that Roscius prac- tised with the utmost care the most trifling gesture which he was to make in public, and Cicero relates, that, though the house of this actor was a kind of school where good performers were trained, yet Roscius declared that he never had a pupil with whom he was completely satis- fied. Roscius died about 62 B. C. Cic. pro Q. Rosc. 7.-N. D. 1, 28 -Divin. 1, 36.-Pro Arch. 8.-Val. Max. 8, 7.-Macrob. 2, 10. * 488 HISTORICAL INDEX. S. SATURNINUS, Lucius, a tribune of the commons, and violent partisan of Marius, who abetted him in his numerous misdeeds. It was Satur- ninus who proposed the agrarian law, for refusing to take the oath pre- scribed by which, Metellus was sentenced to banishment. He it was also that hired assassins to take away the life of Caius Meinmius, when the latter was seeking the consulship B. C. 102. Memmius fell under repeated strokes by the bludgeons of these miscreants, in open assembly; and the motive of Saturninus in causing the deed to be perpetrated was an apprehension lest Memmius wonld oppose him in his evil career. At last, however, strong measures were taken against him. He was driven into the capitol with his adherents (vid. Glaucia) where he was com- pelled to surrender. On coming down into the forum he was put to death. Plut. Vit. Mar. 30.-Or. in Cat. 4, 2.-Or. in Cat. 1, 2. SCAURUS, Marcus Aemilius, a Roman nobleman, of great ability, who held the consulship with M. Caecilius Metellus, B. C. 116. He tri- umphed over the Carni; and made the road from Placentia to Parma, hence called the Aemilian Way. He had the honour of being appointed Princeps Senatus, and would have ranked in history with the very first characters of the Roman state, had not his splendid talents been tarnished by cupidity. Pliny agrees with Sallust in giving the unfavourable side of the picture. On the other hand, Cicero highly extols his virtues, abilities, and achievements. It is more than probable, that Sallust endeavours to depreciate the merits of Scaurus, because the latter was a member, and strong advocate for the power, of the nobility; while Cicero, on the other hand, strives for this same reason to exalt his character. The truth undoubtedly lies between either extreme. Scaurus afterward held the office of censor, and the consulship a second time. His name often occurs in the writings of Cicero, who speaks in great praise of a work of his, in three books, recording the principal occurrences and transactions of his life. The orator considers it equal to Xenophon's Cyropaedia. Sallust. B. J. 15.—Cic. de Of. 1, 22.—Brut. 29.—Plin. H. N. 33, 1.—Quintil. 5, 12.—Val. Max. 3, 7, 8.-Cic. pro Muren. 7. SCIPIO, Publius Cornelius, surnamed Africanus Major, the celebrated conqueror of Hannibal, in the battle of Zama. He is only alluded to incidentally by Cicero, in the course of this volume. SCIPIO, Publius Cornelius, surnamed Acmilianus from having been the son of Paullus Aemilius, adopted into the Scipio line. He is also known by the additional agnomen of Africanus Minor, from his having destroyed the city of Carthage, which ended the third Punic war. was likewise the conqueror of Numantia. He SCIPIO NASĪCA, Publius Cornelius, son of Scipio Nasica, surnamed Corculum, and grandson of the Nasica, who was pronounced the most virtuous man in Rome. He held the consulship with D. Brutus, A. U. C. 615, and had a very stormy period, having come into collision with the tribunes of the commons, and been imprisoned by them along with his colleague. His private character stood so high in the estimation of the people, that he was the first and probably the only Roman ever chosen Pontifex Maximus without being present at the time of election. While holding this latter dignity, he took an active part against the operations of the Gracchi, and headed the body of the nobility by whom Tiberius. HISTORICAL INDEX. 489 was slain. Some even ascribed the death of the latter to Nasica's own hand. The partisans of the aristocracy exalted the deed, while their opponents regarded it as nothing else but an act of open murder. So highly was the fury of the multitude excited, that Nasica could no longer appear in public without being exposed to their invectives and even menaces. A public prosecution was threatened, and as sovereign pontif also he was regarded by his enemies as having been guilty of sacrilege. The senate, justly alarmed for a man, whom they considered a benefactor to the state, found themselves obliged to remove him from Italy. This again was a violation of the pontifical duties, since no pontifex maximus could ever leave Italy. Nasica was sent, however, into Asia, under the pretext of appeasing some troubles which had been excited in Pergamus by Aristonicus. He did not live long in this honourable exile, but died of chagrin A. U. C. 622. Cicero bestows on him the highest eulogiums, and declares that the best citizens regarded him as the deliverer of his country. Velleius Paterculus also praises him for having preferred the interests of his country to the ties of consanguinity, Tiberius having been his own cousin. Cic. Brut. 22.-Or. in Cat. 1, 1.-Pro Dom. 34.— De Am. 12.-De Of. 1, 22.-Pro Flacc. 31.-Liv. Epit. 55.-Plin. H. N. 7, 12.-Val. Max. 9, 14, 3.- Vell. Paterc. 2, 3, 1. SCIPIO, Lucius Cornelius, surnamed Asiaticus, elder brother of Afri- canus Major, enjoyed during life a degree of glory, which appears to have been in reality but little more than a reflection from the brilliant character of the conqueror of Hannibal. According to Polybius, Lucius Scipio was not a favourite with the people, but the historian is silent respecting the cause. He served under his brother in Spain, and the tender union which existed between them, does more honour perhaps even to the elder than the younger brother, since it shows how little susceptible the heart of Lucius was of any feeling of jealousy, toward one so far his superior although younger in years. After distinguishing himself in Spain, he obtained the praetorship A. U. C. 561, (B. C. 194,) and the consulate A. U C. 564. In this latter magistracy he was sent against Antiochus, the senate having given him the charge of this war, on his brother Afri- canus promising to go with him as his lieutenant. Africanus, however, soon after his arrival in Asia, was taken ill; or more probably, being desirous not to rob his brother of any share in the glory which he per- ceived was to be easily won against the present enemy, he affected indis- position, and remained at a distance from the camp. Lucius, thus left alone to command the Roman army, advanced against the king, attacked him in the post he had chosen, and in a decisive victory, dispersed his numerous forces. This battle ended the war, and Lucius on his return was honoured with a triumph and the surname of Asiaticus. After the death of Africanus, he was violently assailed by some of the tribunes of the commons, particularly Cato and Petilius, and charged with having extorted, or else received, for his own private benefit, large sums of money from Antiochus and his subjects. In vain he protested his inno- cence; he was fined four millions of sesterces, ordered to be led to prison, and was now in the act of being conducted thither, when Sempronius Gracchus, the father of the Gracchi, who was then tribune, interposed his authority, and obtained his release. His effects, however, were sold, but the comparatively small sum obtained from them was a triumphant answer to the charge made against him. After this, the conqueror of 490 HISTORICAL INDEX. Antiochus passed into the obscurity of private life, until at last he was sent as arbitrator to settle a difference which had arisen between Eume- nes and Seleucus. On his return, the people, ashamed of their former severity, bestowed such recompenses upon him, that he was enabled, at his own expense, to celebrate games in honour of his victory over Antio- chus. The year of his death is unknown. Or. pro Muren. 14.-De prov. cons. 8.-Brut. 47.-Phil. 11, 7.-Plin. H. N. 33, 11.—Liv. 37, 58.-Id. 38, 55.-Id. 39. 44. SERTORIUS, Quintus, a celebrated Roman commander. He distin- guished himself at first at the bar, but soon quitted this profession to follow the career of arms. Sertorius made his first campaign under Caepio, against the Cimbri and Teutones, and acted against the same enemy, under Marius. Entering Rome, at a subsequent period, with this latter commander, he could not but condemn his conduct, when he saw him fill the city with carnage and desolation. The acts of Sylla, in like manner, met with his severest censure. Proscribed by this latter indi- vidual, he fled to Spain, about 78 B. C., and maintained his authority for a long time in that country by his valour and address. Here he soon found himself surrounded by a numerous body of Romans, whom the cruelty of Sylla had driven from home. In imitation of the government established at Rome, he formed a senate out of these illustrious exiles, and presided over it in capacity of consul. Every effort was also made by him to civilize the native tribes, public schools were established, and the young Spaniards of the higher class of families were instructed in all the arts of Greece and Rome. In order to strengthen bis ascendancy over the lower orders, he called in the aid of superstition, and pretended to have, in a white fawn, which he said had been given him by Diana, a sure means of communication with the gods, and the organ of their will. The Romans, alarmed at the progress made by Sertorius, exerted their utmost endeavours to overthrow his power. Four armies, however, in succession against him, were defeated, and even Pompey himself had but little of which to boast. Metellus also, who had been despatched to co-operate with Pompey found himself foiled and baffled, and though after uniting their forces, they succeeded in defeating Sertorius at Sagun- tum, yet a short time after, he was as powerful and active an opponent as ever. Mithridates, of Pontus, now formed a league with Sertorius, by which he engaged to supply him with 3000 talents and forty galleys, and to cede to him Bithynia and Cappadocia. Their plan was to attack the empire simultaneously on the east and west. This treaty inspired the Romans with fresh alarm, and the most vigorous efforts were made to crush the enemy in Spain. Private treachery, however, was more successful than their arms, and the assassination of Sertorius by the hand of Perpenna, one of his own officers, delivered Rome from one of her most formidable foes. Sertorius merits the greatest praises for his dis- interestedness and love of justice, and in military talents deserves to be ranked above all his contemporaries. Vell. Paterc. 2, 29, seq.-Flor. 3, 21.-Val. Max. 1, 2.-Plut. Vit. Sert., &c. sent SERVILIUS, Caius, Vid. Ahala. SERVILIUS, Publius, surnamed Isauricus, from his conquest of Isauria, held the consulship B. C. 79. He was one of the advocates of the Manilian law. Or. pro Manil. L. 23.-In Verr. 1, 21.-Agr. 2, 19. SEXTIUS, Publius, was quaestor to the consul Antonius in Macedonia. HISTORICAL INDEX. 491 Sextius also filled the office of tribune, and while acting in this capacity, was very instrumental in procuring Cicero's recall from banishment. An accusation was afterward brought against him, which was in fact a con- sequence of his interposition in favour of the illustrious exile; for, when about to propose his recall to the people, he was violently attacked by the Clodian faction, and left for dead in the street. His enemies, how- ever, though obviously the aggressors, accused him of violence and of exciting a tumult. Against this charge he was defended by Cicero in one of the longest and most elaborate of his harangues; which has moreover come down to our times. Or. in Cat. 1, 8.-Ep. ad Fam. 1, 9. Or. pro Sext. M SILĀNUS, Decimus Junius, held the office of consul with Licinius Murena, B. C. 64. They succeeded Cicero and Antonius. Being con- suls elect, when the case of Catiline and his associates came before the senate, Silanus was asked his opinion first, respecting the punishment of those who had been arrested, and was in favour of their being put to death. Subsequently, however, he embraced the opinion of Tiberius Nero, who was for strengthening the guards and adjourning over the debate to another day. Sallust. B. C. 50. SILVANUS, the author of the Plautian law. Vid. Legal Index. STATILIUS, Lucius, one of the accomplices of Catiline. Or. in Cat. 3, 3. SYLLA, Lucius Cornelius, a Roman nobleman, who served at first under Marius. His activity and address contributed greatly to bring the Jugurthine war to a successful termination. Marius became, at last, jeal- ous of Sylla's merit, and hence originated that quarrel between them which was productive of the most enormous cruelties, and contributed to the final extinction of Roman liberty. Being sent to Asia, to restrain the power of Mithridates, though under a different pretext, he proved him- self both a brave soldier and an able general. On his return, he dis- played his military talents to great advantage in the Social war. So strongly were his soldiers attached to him, that when two tribunes were sent to take command of his army, and give it to Marius, they stoned them to death. Marius, in revenge, put Sylla's friends in the city to the sword, upon which the latter marched to Rome, and compelled Marius to flee. The horrid proscription now began. A price was set upon the head of Marius, but he effected his escape. Sylla then set out against Mithridates, defeated his armies under different generals, and concluded a peace with him on very advantageous terms. Marius and Cinna hay- ing butchered many of Sylla's friends at Rome, he returned to Italy to avenge their deaths. On his arrival, his conduct was marked by clem- ency and moderation; but no sooner were his enemies wholly within his power, than he committed the most enormous and barbarous acts of cruelty. To aggrandise himself, to exalt the patricians, and to glut his desire of revenge upon his enemies, induced Sylla to assume the reins of absolute government. He corrected the abuses introduced by popular and unprincipled demagogues, restored the ancient laws, and enacted many that were salutary and beneficial. Still, tyranny marked his whole conduct, and rendered his administration a scene of terror, by his per- sonal enmities and insufferable despotism. Desire of revenge was a stronger passion in the mind of Sylla than love of power. After glutting his vengeance with the blood of thousands, and governing with despotic 492 HISTORICAL INDEX. authority for three years, he resigned the reins of power, and lived un- disturbed as a private citizen. He died in great torment of the morbus pedicularis, in the 60th year of his age, about 78, B. C. The perpetual intoxication to which he had recourse, to avoid the horrors of a guilty conscience, contributed to hasten his death. Plut. Vit. Syll. SYLLA, Cornelius Faustus, son of the preceding, followed the party of Pompey, joined Cato in Africa after the battle of Pharsalia, and was put to death by Caesar after the battle of Thapsus. Liv. Epit. 114.- Cic. in Vat. 23.-Plin. H. N. 19, 1. SULPICIUS, Caius, held the praetorship while Cicero was consul. Or. in Cat. 3, 3. Jagadis SULPICIUS, Servius, an eminent Roman lawyer, the accuser of Mu- rena, and his competitor in suing for the consulship. He was afterward consul with M. Marcellus, and on laying down this office obtained the government of Achaia. In the civil contest he sided with Caesar. We have an elegant epistle of his remaining, in which he seeks to console Cicero for the loss of his daughter Tullia. Or. pro Muren. 3.-Ep. ad Fam. 8, 6.-Ibid. 4, 3, seq.-Ep. ad Att. 9, 19, &c. SULPICIUS, Servius, son of the preceding, and one of the assistant accusers of Murena. He was tribune of the commons, A. U. C. 706. Or. pro Muren. T. THEOPHANES, a Greek historian, a native of Mitylene, very intimate with Pompey, whose life he wrote, and who on his account granted great privileges to the Mityleneans. It was in accordance with the advice of Theophanes, that Pompey betook himself to Egypt, after the battle of Pharsalia. Or. pro Arch. 10.- Vell. Paterc. 2, 18.-Plut. Vit. Pomp. -Tacit. Ann. 6, 18. TIGRANES, king of Armenia, B. C. 95-60, of the family of Artaxia, and son-in-law of Mithridates the Great. He was defeated by Lucullus, and his capital taken. Tigranes subsequently obtained peace from Pom- pey on the most humiliating terms. Or. pro Manil. L. 2.-Val. Max. 5, 1.-Vell. Paterc. 2, 33.-Justin. 40, 1.-Plut. Vit. Lucull.-Id. Vit. Pomp. TONGILIUS, one of the dissolute accomplices of Catiline. Or. in Cat. 2, 2. TORQUATUS, Lucius, was consul with Cotta. A. U. C. 689. He ob- tained the province of Macedonia, through the aid of Cicero, and was honoured by the senate with the title of Imperator. Or. in Cat. 3, 8. Agr. 2, 17.-In Pis. 19, &c. plan de in TRIARIUS, one of the lieutenants of Lucullus, in the Mithridatic war. Being informed, on one occasion, of the approach of Lucullus, and being desirous of seizing the victory which he thought perfectly secure, he hazarded and lost a great battle. Above seven thousand Romans were killed, among whom were a hundred and fifty centurions and twenty-four tribunes. Mithridates likewise took his camp. Plut. Vit. Lucull. 35 TUBERO, Quintus Aelius, nephew on the half-sister's side to Africanus the younger. He was attached to the doctrines of the Stoic sect, and displayed his firmness on one occasion, in deciding against Africanus, when a case in which that illustrious individual was a party, had come HISTORICAL INDEX. 493 Or. pro before him as judge. He signalized himself also by his zeal against Caius Gracchus, and prepared some harangues against him. Muren. 36.-Consult note 20, page 127, and note 3, page 128. U. UMBRĒNUS, Publius, a freedman, who engaged in the conspiracy of Catiline, and endeavoured to prevail upon the ambassadors of the Allo- broges to take part in that affair. He was committed to prison on the discovery of the plot, and most probably punished with death. Sallust. B. C. 40. V. VOLTURCIUS, Lucius, one of the accomplices of Catiline, who under- took, along with C. Cornelius, to murder Cicero at his own house. The consul was apprised of his danger by Curius, through Fulvia, and they were refused admittance. Sallust calls Vargunteius a senator, whereas Cicero says they were both knights. Vargunteius, probably, though a senator, was of equestrian origin. Sallust. B. C. 28.-Or. in Cat. 1, 4. Z. (C ZENO, the famous founder of the Stoic sect, was born at Citium, in Cyprus. He came to Athens when about thirty years of age, and first attended the lectures of Crates the Cynic. He afterward passed to the schools of Xenocrates and Diodorus Chronus, and finally to that of Po- lemo. Having made himself master of the tenets of others, Zeno deter- mined to become the founder of a new sect. The place which he made choice of for his school, was called the Poecile, (Îoikiλ) or “Painted Porch," a public portico so called from the pictures of Polygnotus and other eminent painters with which it was adorned. This portico, which was the most famous in Athens, was called, by way of excellence, Eroù, or the Porch," and hence the followers of Zeno were called Stoics, i. e. 44 men of the porch." Zeno lived to the extreme age of ninety- eight, and at last, in consequence of an accident, voluntarily put an end to his life. As he was walking out of his school, he fell down, and broke one of his fingers; upon which he was so much affected with a conscious- ness of infirmity, that, striking the earth, he said, "Why am I thus im- portuned? I obey thy summons ;" and immediately went home and strangled himself. He died B. C. 264.-The Stoic philosophy was as it were of heterogeneous origin, its founder having attended upon many eminent preceptors, and having compiled his system out of their various tenets. Cicero says, that Zeno was not so much an inventor of new opinions, as of new terms. Enfield. Hist. Philos. vol. 1, p. 315, seqq. 42 GEOGRAPHICAL INDEX. ร GEOGRAPHICAL INDEX. A. ACHAIA, I. A country of the Peloponnesus, lying along the Sinus Corinthiacus, to the north of Elis and Arcadia. It gave name to the famous Achaean league, of later Grecian history.-II. A Roman prov- ince, embracing, besides Achaia proper, all the rest of the Peloponnesus, together with all the country north of the isthmus of Corinth, excepting Thessaly, Epirus and Macedonia. This province was formed after the fall of Corinth and the destruction of the Achaean league. AEGAEUM MARE, that part of the Mediterranean which lay between Greece and Asia Minor; now the Archipelago. The modern name appears to be formed from Egio Pelago, which is itself a corruption of Αἰγαῖον πέλαγος. AETOLIA, a country of Greece, to the east of Acarnania. Aetolia first began to acquire a degree of importance among the other states of Greece, after having repelled the formidable Gallic irruption, when these barbarians had penetrated into its territories. It is rarely, however, that history has to record achievements, or acts of policy, honourable to the Aetolians. Unjust, rapacious, and without faith or religion, they attached themselves to whatever side the hope of gain and plunder allured them. The Aetolians are memorable in Grecian history for having afforded the Romans, by their alliance, the first opportunity of interfering in the affairs of Greece. They perceived their error when it was too late, and fell with the rest of their countrymen under the yoke of Rome. ALLOBROGES, a people of Gaul, between the Isara, or Isere, and the Rhodanus, or Rhone, in the country answering to Dauphine, Piedmont, and Savoy. Their chief city was Vienna, now Vienne, on the left bank of the Rhodanus, thirteen miles below Lugdunum, or Lyons. They were reduced beneath the Roman sway by Fabius Maximus, who was hence honoured with the surname of Allobrogicus. Their name is said to mean "Highlanders," from Al, "high," and Broga, "land." (Thierry, Hist. des Gaulois, vol. 2, p. 168, seqq.-Adelung, Mithridates, vol. 2, p. 50.) AMĪSUS, a city of Pontus, on the coast of the Euxine, northwest from the mouth of the river Iris. It was founded by a colony of Milesians, was the largest city in Pontas next to Sinope and was made by Phar naces the metropolis of his kingdom. It is now called Samsoun, 497 42* 498 GEOGRAPHICAL INDEX. ANTIOCHIA, a celebrated city of Syria, built by Seleucus Nicator, in memory of his father Antiochus, and deriving its name from him. It was situate on the river Orontes, about twenty miles from its mouth, and was equidistant from Constantinople and Alexandria, being about 700 miles from each. It is now Antakia, and has suffered severely in modern times from earthquakes. APENNINI, a large chain of mountains, branching off from the mari- time Alps, in the neighbourhood of Genoa, running diagonally from the Ligurian gulf (Gulf of Genoa) to the Adriatic, in the vicinity of Ancona, thence continuing nearly parallel with the latter gulf, as far as the pro- montory of Garganus, and again inclining to the Mare Inferum, till it finally terminates in the promontory of Leucopetra at Rhegium. The Apennines may be equal in length to 670 miles. APPII FORUM, Vid. Forum Appii. APPIA VIA, the most celebrated of the Roman roads, both on account of its length, and the difficulties which it was necessary to overcome in its construction. It was hence called the "Queen of the Roman Ways," Regina Viarum, (Stat. Sylv. 2, 2.) According to Livy (9, 29) it was made by the censor Appius Caecus, and at first was only laid down as far as Capua, a distance of about a hundred and twenty-five miles. From Capua it was subsequently carried on to Beneventum, and finally to Brundisium, when this port became the great place of resort for those who were desirous of crossing over into Greece and Asia Minor. This latter part of the Appian way is supposed to have been constructed by the consul Appius Claudius Pulcher, grandson of Caecus, A. U. C. 504, and to have been completed by another consul, of the same family, thirty- six years after. According to Eustace, such parts of the Appian Way, as have escaped destruction, show few traces of wear and decay after a a duration of two thousand years and upward. The same writer states. the average breadth of the road in question at from 18 to 22 feet. (Eustace, Class. Tour. vol. 3, p. 177.) ARMENIA, a large country of Asia, answering nearly to the modern Turcomania; lying southeast of mount Caucasus, and comprehending the Turkish pachalics of Erze Roum, Kars, and Van, and also the Per- sian province of Iran or Erivan. It was a rough, mountainous country, having Caucasus in part for its northern boundary, and being traversed by branches of mount Taurus. The climate was cold, the soil only moderately fertile, and better fitted for grazing than for agriculture. Armenia Minor was on the other side of the Euphrates, and formed origi- nally part of Cappadocia. ASIA, one of the divisions of the ancient world. The name was ap- plied by Homer, and Herodotus, to a district of Lydia watered by the Cayster. As their geographical knowledge of the continent increased, the Greeks extended the appellation to the whole of Asia Minor, and eventually to the other extensive countries of the east. When the Ro- man writers refer to Asia, specially, they mean the Roman province in Asia Minor, containing Mysia, Lydia, Caria, and Phrygia. AURELIA VIA, a Roman road, which followed the whole length of the Etrurian and Ligurian coasts, and led into Gaul by the Alpes Maritimae. It was made by the consul Aurelius, about 605 A. U. C., and from him was called Via Aurelia. It seems to have been laid down in the first instance from Rome to Pisa, from which point it was subsequently con- GEOGRAPHICAL INDEX. 499 tinued under the name of the Via Aemilia, by the consul Aemilius Scaurus, as far as Vada Sabata: here it left the coast, and led as far as Dertona, now Tortona. At a later period, however, it was carried along the coast to the Maritime Alps, and even beyond them into Gaul as far as Arelate, now Arles; when the name of Via Aurelia, as we find from the Itinerary of Antoninus, was commonly used to designate the route between that city and Rome. Cramer's Anc. Italy, vol. 1, p. 35, seqq. ---Compare Gell's Rome and its Vicinity, vol. 2, p. 68. B. BITHYNIA, a country of Asia Minor, bounded on the north by the Euxine, on the south by Phrygia, on the east by Paphlagonia and part of Galatia, and on the west by the Propontis and Mysia. It was a well- watered and fruitful country. The earlier name was Bebrycia; the Bithyni, from Thrace, gave it the appellation of Bithynia. BOSPORUS, a name given in ancient geography to two straits, known as the Thracian Bosporus, and Cimmerian Bosporus. The former of these is now the straits of Constantinople; and the latter the straits of Jenicali. The name is thought to indicate the passage of agricultural knowledge from east to west, (Booòs Topos, i. e. "the passage of the ox.") rúpos, BRUNDISIUM, a celebrated city on the coast of Apulia, in the territory of the Calabri. By the Greeks it was called Boevréotov, a word which in the Messapian language signified a stag's head, from the resemblance which its different harbours and creeks bore to the antlers of that animal. The advantageous situation of its harbour, for communicating with the opposite coast of Greece, naturally rendered Brundisium a place of great resort, and it soon became a formidable rival to Tarentum. In Roman times it was the usual place of embarkation for Greece and Asia. Here the Appian Way ended. The modern name of the place is Brindisi. C. CAIETA, a town and harbour of Latium, southeast of the promontory of Circeii. The Roman poets fabled that Caieta, nurse of Aeneas, was buried here, whence the name of the place. According to Strabo, how- ever, it comes from a Laconian term, xatárra, denoting a hollow or cav- ity, in allusion perhaps to a receding of the shore in this quarter. It is now Gacta. The harbour of Caieta was considered one of the finest and most commodious in Italy. CAMPUS MARTIUS, a large plain without the city of Rome, where martial sports and exercises were performed, and assemblies of the people often held. At the present day it forms the principal situation of modern. Rome, and according to modern authorities lies at the foot of the Pin- cian, Quirinal, and Capitoline hills. Burgess, Antiquities of Rome, vol. 1, p. 59. CAPPADOCIA, a country of Asia Minor, bounded on the north by Ga- latia and Pontus, east by the Euphrates, south by Cilicia, and west by Phrygia. Its eastern part was called Armenia Minor. The Cappado- cians were regarded as of a dull and submissive disposition, and their moral character did not rank very highly. CARTHAGO, a celebrated commercial city of Africa, and the rival, for 500 GEOGRAPHICAL INDEX. a long period, of the Roman power. It was founded by a colony from Tyre, according to the common account, B. C. 878. The Greeks called it Καρχηδὼν, and the inhabitants Καρχηδόνιοι. The name of the city in Punic was Carthada, or Cartha Hadath, i. e. "the new city," in con- tra-distinction perhaps to the old or parent city of Tyre. Carthage was situate on a peninsula, in the recess of a spacious bay, formed by the promontory Hermaeum, now Cape Bon, on the east, and that of Apollo, Cape Zibb, on the west. The river Bagradas flows into the bay, be- tween the remains of Utica and the peninsula. The modern name of this river is the Meierda. Being an inundating stream, like the Nile, it has caused many changes in the bay. The circuit of Carthage was 23 miles, and when it was set on fire by the Romans, at the close of the third Punic war, it burnt for seventeen days. Julius Caesar planted a small colony on the ruins of Carthage. Augustus sent three thousand men thither, and built a city at a small distance from the spot on which the ancient place had stood, thus avoiding the ill effects of the imprecations, which had been pronounced by the Romans, according to custom, at the time of its destruction, against those who should rebuild it. This later Carthage was taken by Genseric, A. D. 439, and it was for more than a century the seat of the Vandal power in Africa. It was at last destroyed by the Saracens, during the caliphate of Abdel Melek, towards the end of the seventh century, and but very few traces of it now remain. CHI, the natives of the island of Chios, now Scio. It was situate in the Aegean sea, between Lesbos and Samos, off the coast of Asia Minor, and was probably once connected with the main land, from which it is separated by a strait only three leagues wide. The wine of this island was held in high esteem by the ancients; its marble also was in much repute. Modern Scio, until the late dreadful ravages of the Turks, con- tained 115,000 inhabitants, nearly all Greeks, and was the best cultivated and most flourishing island in the Archipelago. CILICIA, a country of Asia Minor, on the seacoast, south of Cappa- docia and Lycaonia. It was surrounded inland by steep and rugged mountains, so that a few inen might defend it against a whole army, there being but three narrow passes leading into it. The country was divided into rugged and level Cilicia, (Trachea and Campestris.) The former was subsequently considered as a termination of Isauria. The latter was one of the most fruitful provinces of Asia, excepting the western part, which, however, though barren, was famed for its horses. Cilicia was the main seat of the formidable piratical power, which was finally crushed by Pompey, after having afforded so much trouble to the Ro- mans and been the occasion of so much disgrace to them. CIMBRI, a German nation, supposed to have been descended from the Asiatic Cimmerians, and occupying what was called Chersonesus Cim- brica, now Jutland. About 113, B. C., the Cimbri, leaving their terri- tories, which were both narrow and barren, and being joined by the Teutones, or rather by several German nations, under this general name, moved through the intervening countries, entered and overran Gaul, and defeated four Roman armies in succession. Marius at last, in his second consulship, was chosen to carry on the war. He met the Teutones at Aquae Sextiae, in Gaul, and after a bloody engagement, left 20,000 of the enemy dead on the field of battle, and took 90,000 prisoners. The Cimbri, who had formed another army, had already penetrated into Italy GEOGRAPHICAL INDEX. 501 where they were met at the river Athesis, by Marius and his colleague Catulus, a year after. An engagement ensued, and, if we believe an- cient accounts, 140,000 were slain. Those who escaped the sword of Marius settled in that part of the Alps called Sette Commune, where their descendants still retain the Teutonic language, and a traditional account of their origin. They keep themselves quite separate from the surround- ing states, by which means they have preserved the language of their ancestors, in a great degree, uncorrupted. The late king of Denmark visited these Alpine Cimbrians, and readily conversed with them when both parties, speaking their native language understood each other. COLCHIS, a country of Asia, along the eastern shore of the Mediter- ranean. It is now in part Mingrelia. According to Strabo, it was a productive country. Its linen manufacture was in high repute. Colchis was famous for the expedition of the Argonauts, and for having been the native country of Medea. COLOPHONII, the inhabitants of Colophon, a city of Ionia, near the sea, northwest of Ephesus. The Colophonians were famed for their cavalry, and so excellent in fact were they, that they generally turned the scale on the side on which they fought, and hence the proverb, Kolopŵva iñi- rivéval, “to add a Colophonian," i. e. to put the finishing hand to an affair. This was one of the places that claimed to have given birth to Homer. COMANA, a town of Pontus, on the Iris, south east of Amasea, now Almons. There was another place of the same name in Cappadocia, on the Sarus, now El Bostan. Both were famous for temples of Bellona, but especially the latter of the two. Strabo makes the goddess wor- shipped at these places to have been Venus; and Procopius, the Tauric Diana. The temple of the Cappadocian Comana, which was famed for its riches, was plundered by Mark Antony. Each place is said to have had 6000 ministers, of both sexes, and the high priest was next in au- thority to the monarch of the land, and was generally a member of the royal family. CORINTHUS, a celebrated city of Greece, situate on the isthmus of the same name. Commanding by its position the Ionian and Aegean seas, and holding as it were the keys of the Poloponnesus, Corinth, from the pre-eminent advantages of its situation, was already the seat of opulence and the arts while the rest of Greece was sunk in comparative obscurity and barbarism. The arts of painting and sculpture attained to the high- est perfection here, and rendered this city the ornament of Greece, until it was stripped by the rapacity of its Roman conquerors. After its over- throw by Mummius, Corinth remained for many years in ruins, until Julius Caesar, not long before his death, sent a numerous colony thither, by which it was once more raised from its fallen state. It became sub- sequently once more a large and flourishing city.-Corinth was famed for its harbours, of which it had three, Lechaeum on the Corinthian gulf, and Cenchreae and Schoenus on the Saronic.-This city was celebrated for what was termed the "Corinthian brass," a metallic mixture nearly resembling aurichalcum. The common account is, that when Corinth was destroyed by the Romans, all the metals that were in the city melted and mixed together during the conflagration, and formed the composition in question. Klaproth and others very properly reject the whole account as fabulous. 502 GEOGRAPHICAL INDEX. CORDUBA, now Cordova, a city of Hispania Baetica, on the river Baetis. It was the native place of both the Senecas and of Lucan. CRETA, now Candia, one of the largest islands of the Mediterranean, lying to the south of all the Cyclades. Crete was famous for its code of laws, the gift of Minos, from which the institutions of Lycurgus were closely copied. The private character of the Cretans, however, was any thing but fair, and they were chargeable with the grossest immorality and the most hateful vices. Cyzicus, a city of Mysia, situate on an island, or according to others the neck of a peninsula. It was a very flourishing commercial place, and is called by Florus the Rome of Asia. The coinage of this city was very famous, and the kvinvoì orarñpes were so beautifully executed that they were deemed a miracle of art. Cyzicus is famous for its siege by Mithridates, which Lucullus compelled him to raise. It continued a place of importance until a late period; now, however, it is only a heap of uninhabited ruins. D. DELOS, a celebrated island in the Aegean sea, nearly in the centre of the Cyclades, and the natal place of Apollo and Diana. It was fabled to have been originally a floating island, moving to and fro beneath the surface of the sea, until Neptune ordered it to appear above the waves, and remain firmly fixed, in order to receive the offspring of Latona who was about to become a mother. Hence the name Delos, from dñλos, "manifest." The fable evidently points to a volcanic origin for the island. After the Persian war, the Athenians established at Delos the treasury of the Greeks, and ordered that all meetings relative to the con- federacy should be held there. An order, however, that was not long acted upon. In the tenth year of the Peloponnesian war, not being satis- fied with the purifications which the island had previously undergone, in obedience to an oracle, in the earlier part of the contest, the same power removed the entire population to Adramythium, where they obtained a settlement from the Persian satrap Pharnaces. They were restored to their homes, however, after the battle of Amphipolis, as the Athenians ascribed their ill success in the war to the anger of the god, on account of their treatment of the Delians. This island became a place of great commercial importance after the destruction of Corinth, as the merchants who had frequented that city then withdrew to this island, which afforded great facilities for carrying on trade, on account of the convenience of its port, its advantageous situation with respect to the coasts of Greece and Asia Minor, as well as from the great concourse of people who resorted thither during the period of the stated festivals. It fell in im- portance and prosperity, however, during the Mithridatic war, for, on the occupation of Athens by the generals of Mithridates, they sent troops to Delos, and committed the greatest devastations, in consequence of the inhabitants having gone over to the Romans. After this calamity it remained in an impoverished and deserted state. The town of Delos was situate in a plain, watered by the little river Inopus. The island is now called Delo or Sdille, and is so covered with ruins as to admit of little or no culture. GEOGRAPHICAL INDEX. 503 E. ECBATANA, the ancient capital of Media, now Hammedan. The editions of Cicero had (pro Manil. L. 4,) Ecbatanis, until Matthiae, Orellius, and others substituted ac literas. Consult note 23, page 73. ETRURIA, a large country of Italy, lying north and west of the Tiber. The origin of the Etrurian nation is unknown, although many erroneously suppose the basis of the population to have been Celtic. Their civiliza- tion came in with the Tyrrheni, who appear to have been a branch of the Pelasgic race, and to have migrated from the shores of Lydia, whence, according to Müller, they were driven out by the great Ionic migration. The Etrurians appear to have been quite distinct from the Greeks in both language and religion. They excelled in the knowledge of augury and sacrificial rites and ceremonies, and the Romans, in these respects, did little more than borrow from them. Etruria was divided into twelve states, each independent of the other, though united in a common con- federacy, but as this union was far from being a strong one, the want of a closer bond contributed very materially to their final subjugation by the Romans. EURIPUS, a narrow strait dividing Euboea from the main land of Greece, and remarkable for the fluctuation of its waters. Several of the ancient writers have reported that the tide in this strait ebbed and flowed seven times in the day, and such too was the popular belief. From this rapid movement of the current, the Euripus derived its ancient name, (tu, bene, and pírrw, jacio.) Livy's account, however, is the more rational. "A more dangerous station for a fleet," observes this writer, "can hardly be found; besides that the winds rush down suddenly and with great fury from the high mountains on either side, the strait itself of the Euripus does not ebb and flow seven times a day, at stated hours; but the current changing irregularly, like the wind, from one point to another, is hurried along like a torrent tumbling from a steep mountain, so that, night or day, ships can never lie quiet." (Liv. 28, 6.) This strait is now called, by a corruption of the ancient name, the straits of Negroponte, through the modern Greek mode of pronunciation, (Evripo, Egripo, Negroponte,) at least such is the common opinion. The last change from Egripo to Negroponte appears to owe its origin to a nautical source, just as mariners sometimes call the Archipelago the "Arches," and Corunna in Spain, "the Groin."-Hobhouse who visited the Euri- pus, compares it to a mill-race. F. FESULAE OF FAESULAE, now Fiesoli, a town of Italy, in Etruria, south- east of Pistoria. Here Catiline raised the standard of rebellion. The Goths, when they entered Italy, under the consulate of Stilico and Au- relian, were destroyed in the vicinity of this place. In modern times it is rather a village than a town. FORUM APPI, a town of Latium, on the Appian Way, about 23 miles from Aricia, and 16 from Tres Tabernae. It is mentioned by St. Paul in the account of his journey to Rome, (Acts 28, 15,) and is also well known as Horace's second resting place in his journey to Brundisium. D'Anville places the site at the modern Borgo Lungo near Treponti. 504 GEOGRAPHICAL INDEX. FORUM AURELII, or AURELIUM, a town of Etruria, above Tarquinii, on the Aurelian way, now Montallo. G. GALLIA, an extensive country of Europe, lying between the Rhine, the Alps, the Mediterranean, the Pyrenees and the ocean. It was more ex- tensive, therefore, to the north and east than modern France. The name Galli, given to the inhabitants by the Roman writers, is the Celtic term Gael, Latinized. The Greeks called them Kéλrai, and their country Κελτικὴ and Γαλατία. GALLIA CITERIOR, called also Gallia Cisalpina, a name given by the Romans to that part of Italy, which lay between the Alps, and the rivers Rubicon and Macra. It was occupied by various Gallic tribes, which had poured over the Alps into this extensive tract of country. Livy assigns to these migrations the date of 600 B. C.; but in all probability they were much earlier. GALLIA TRANSALPINA, Gaul beyond the Alps, or Gaul Proper. GALLICUS AGER, a name applied by Cicero to Cisalpine Gaul, espe- cially that part of it from which the Galli Senones had been driven out. H. HERACLEA, a city of Lucania, in lower Italy, situate between the Aciris and Siris. It was founded by a colony of Tarentines, after the destruction of the ancient city of Siris, which stood at the mouth of the latter river, (B. C. 428.) This city is rendered remarkable in history, as having been the seat of the general council of the Greek states. An- tiquaries seem to agree in fixing its site at Policoro. HISPANIA, an extensive country, forming a kind of peninsula, in the southwestern part of Europe. It was divided into Hispania Cilerior and Ulterior. Hispania Citerior was also called Tarraconensis, from Tar- raco, now Tarragona, its capital, and extended from the foot of the Pyrenees to the mouth of the Durius, (now Douro,) on the Atlantic shore, comprehending all the north of Spain, together with the south, as far as a line drawn below Carthago Nova (now Carthagena) and con- tinued in an oblique direction to the river Durius, passing by Salamantica, now Salamanca. Hispania Ulterior was divided into two provinces. Baetica, in the south of Spain, between the Anas, (now the Guadiana,) and Citerior; and above it Lusitania, corresponding in a great measure, to modern Portugal. Baetica answers to modern Andalusia. I. ILLYRICUM MARE, that part of the Adriatic which washes the shores of Illyricum. ISAURIA, a country of Asia Minor, north of, and adjacent to Pisidia. The inhabitants were a rude mountaineer race, remarkable for the vio- lence and rapine which they exercised against their neighbours. P. Servilius derived, from his reduction of this people, the surname of Isau- ricus. A conformity in the aspect of the country, which was rough and mountainous, caused Cilicia Trachea, in a subsequent age, to have the GEOGRAPHICAL INDEX. 505 name of Isauria extended to it, and it is thus denominated in the notices of the eastern empire. L. LANUVIUM, a town of Latium, about 16 miles from Rome, situate, according to Strabo, to the right of the Appian Way, and on a hill com- manding an extensive prospect towards Antium and the sea. Lanuvium seems to have been treated with more moderation than the other Latin towns, when it fell into the hands of the Romans; for, instead of being punished, the inhabitants were made Roman citizens, and their privileges and sacred rights were preserved, on condition that the temple and wor- ship of Juno Sospita, which were held in great veneration in their city, should be common to the Romans also. Lanuvium then became a mu- nicipium, and it remained ever faithful to the Romans, particularly in the second Punic war. Murena was a native of this place, and so also was Milo, the antagonist of Clodius. The famous comedian Roscius was also born, or, according to others educated, near it. The ruins of La- nuvium still bear the name of Civita Lavinia, or Città della Vigna. LOCRI, a city of Magna Graecia, or Southern Italy, near the Zephy- rian promontory, at the lower extremity of Bruttium, and founded by a colony of Locrians from Greece. This city was mainly indebted for its prosperity and fame to the institutions of its great legislator Zaleucus. His laws, which, according to the assertion of Demosthenes, continued in full force for the space of 200 years, are said to have been a judicious se- lection from the Cretan, Lacedaemonian, and Areopagitic codes, to which however, were added several original enactments. From its greater proximity to Sicily, Locri appears to have been involved in the politics of that country at a more early period than the other Italian cities, and at one time fell under the tyrannical sway of the younger Dionysius, who gave loose here to all the vicious propensities of his nature. It suffered severely also from Pyrrhus, whose cause it had deserted for that of the Romans; but the heaviest blow it received was in the time of the second Punic war. Having followed the example of the other Greek colonies in siding with Hannibal, it again fell into the hands of the Romans, who left in it a garrison under the command of Q. Pleminius. The conduct of this officer and his troops towards the inhabitants of Locri, seems to have far surpassed in licentiousness and wanton cruelty all that the rage of an enemy could have inflicted on a conquered city. He was at length recalled, and ended his days in prison. M. MASSILIA, a celebrated colony of the Phoceans, on the Mediterranean coast of Gaul, now Marseilles. It became at an early period a powerful and flourishing city, and was famed for its extensive commerce. The most prosperous period in its history would seem to have been the inter- val from the fall of Carthage, with which city it had frequent collisions, to the commencement of the contest between Caesar and Pompey. This city was always the firm ally of Rome. It suffered severely in the civil wars from its attachment to the party of Pompey, being compelled to sustain a severe siege, in which its fleet was destroyed; and, after sur- 43 506 GEOGRAPHICAL INDEX. rendering, to pay a heavy exaction. Massilia became afterward, in the days of Augustus, famous as a seat of science, and the rival of Athens. MISENUM, a town and harbour of Campania, on the promontory of the same name. In the reign of Augustus it became one of the first naval stations of the Roman empire, being intended to guard the coasts of the Tuscan sea. Pliny the elder was stationed here, as commander of the fleet at the time of the great eruption of Vesuvius, in which he perished. MONS SACER, a low range of sandstone hills, extending along the right bank of the Anio, and about three miles distant from Rome. It is cele- brated in history for the secession that was made to it by the Roman people. MULVIUS PONS, now Ponte Molle, one of the bridges over the Tiber. It was built by M. Aemilius Scaurus, from a corruption of whose nomen (Aemilius,) the appellation Mulvius is thought to have originated. At this bridge commenced the Via Flaminia, which led from Rome to Ariminum. Situated at a little distance from the city, surrounded by villas, and places of public resort, it became the rendezvous of nightly revellers and debauchees in the licentious age of Nero. The battle be- tween Constantine and Maxentius, which decided the fate of Rome and the empire, was also fought in this quarter.-The Ponte Molle is reared upon four arches of Travertine stone, and is about 350 feet in length. It was so entirely rebuilt (A. D. 1450) by Pope Nicholas V., that it cannot be said any thing ancient now remains to be seen; indeed, the old bridge was probably a few paces farther up the river, and some vestiges of the foundations may be discovered when the waters are very low. Burgess, Topography and Antiquities of Rome, vol. 2, p. 227. N. NEAPOLIS, a celebrated city of Campania, on the Sinus Crater, now Naples, or, in Italian, Napoli. Its earlier name is said to have been Parthenope, from a siren who was cast upon the shore in this quarter; and the appellation of Neapolis appears to have been given to it when a colony of Cumaeans settled here, and so changed the aspect of the city as to give rise to the name Neapolis, i. e. New City. Many, however, think that the Cumaeans founded it in the first instance. Neapolis was famed for the beauty of its situation, and its inhabitants were marked by all the indolence and luxury of Grecian manners. NUMANTIA, a town of Spain, near the sources of the river Durius, cel- ebrated for the brave resistance which it made against the Romans for the space of 14 years. It was built upon an eminence of no great height, between two branches of the Durius, and surrounded by a very thick wood on three sides. One path alone led down into the plain, and this was defended by ditches and palisades. The great length of time it withstood the Romans, may be easily accounted for, by its difficult situ- ation, and the circumstance of its circuit being so large, that within it were even pastures for cattle. This place was at last reduced by Scipio Africanus Minor, the conqueror of Carthage. The remains of Numantia may be still seen near Puente de Garay. GEOGRAPHICAL INDEX. 507 NUMIDIA, a country of Africa, east of Mauretania, and corresponding, in a great measure, to the modern Algiers. 0. OSTĬA, a celebrated town and harbour, at the mouth of the Tiber. It was the port of Rome, and its name even now remains unchanged, though few vestiges are left of its former importance. All historians agree in ascribing its foundation to Ancus Martius. When the Romans began to have ships of war, Ostia became a place of great importance, and a fleet was constantly stationed there to guard the mouth of the Tiber. The place, however, was taken by the pirates during their ascen- dancy in the Mediterranean, and Cicero alludes to the circumstance with great indignation in his oration for the Manilian law. Ostia was thirteen miles from Rome. Great changes, however, have taken place since ancient times, and the port of Ostia is now two miles, or nearly so, from the sea. The cause of this, in a great measure, seems to be, that the extreme flatness of the land does not allow the Tiber to carry off the great quantities of earth and mud brought down by its turbid waters, and the more that is deposited, the more sluggishly it flows, and thus the shore rises, the sea recedes, and the marshes extend. P. PALATINUS MONS, a celebrated hill, the largest of the seven on which Rome was built. It was upon It was upon this that Romulus laid the first foundation of the capital of Italy, in a quadrangular form, and here also in a later age dwelt Augustus and the succeeding emperors. On this same hill too stood the famous Palatine library. The Palatium was secured, on account of its importance, by a nightly guard during the alarm attendant upon the first rumours of Catiline's conspiracy. PAMPHYLIA, a province of Asia Minor, lying along the sea from Lycia to Cilicia, and having Pisidia to the north. The inhabitants are said to have been an intermixture of the mountaineer races of the interior with Phoenicians and Greeks, and the latter are reported to have settled here after the overthrow of Troy, under the guidance of Amphilochus and Calchas. Under the Syrian dynasty, this country made part of the king- dom of Syria; it then became a part of the kingdom of Pergamus; and was finally absorbed in the Roman empire. The pirates had several castles along the coast, which were all destroyed by Pompey. PICĒNUS AGER, another name for Picenum, a district of Italy, east and southeast of Umbria. The inhabitants were of Sabine origin. Their country was considered one of the most fertile parts of Italy, and the produce of its fruit-trees was particularly esteemed. PONS MULVIUS, Vid. Mulvius Pons. PONTUS, a country of Asia Minor, bounded on the north by the Eux- ine, on the south by Cappadocia, on the west by Galatia and Paphla- gonia, and on the east by Armenia. This country was originally a part of Cappadocia, and a satrapy of the Persian empire. A son of Darius Hystaspis, Artabazes, held this satrapy as a vassal, with the right to transmit it as an inheritance to posterity. Its rulers, however, eventually made themselves independent of any foreign control, and under Mithri- 508 GEOGRAPHICAL INDEX. dates VI., surnamed Eupator, Pontus attained to a high degree of glory, and extended its arms far and wide over lower Asia and Greece, until reduced by the Roman arms. PRAENESTE, now Palestrina, an ancient city of Latium, southeast of Rome. Strabo makes the intervening distance twenty-five miles (200 stadia ;) but the Itineraries give more correctly twenty-three miles. Its citadel is described by Strabo as remarkable for its strength of position, and Catiline therefore attempted to seize upon it, but was frustrated by Cicero. Praeneste was famed for its temple of Fortune. R. REATE, an old Sabine town, on the river Velinus, a branch of the Nar. Its modern name is Rieti. Reate was only a praefecture in Cicero's time. In the days of Suetonius, however, it held the rank of a munici- pium. It was famed for its breed of mules. The valley of the Velinus, in which this place was situated, was so delightful as to merit the appel- lation of Tempe, in imitation of the beautiful vale, of the same name, in Thessaly. RHEGIUM, One of the most celebrated and flourishing cities of Magna Graecia, at the extremity of the peninsula, and in the territory of the Bruttii. It is supposed to have been founded nearly 700 B. C., by a party of Zancleans from Sicily, together with some Chalcidians from Euboea, and Messenians from the Peloponnesus. Its name is supposed to allude to the great catastrophe by which Sicily was broken off, in early days, from Italy. ('Pńyιov a дñyvvμ frango.) Some, however, consider the name of the place as of Oscan origin. The modern appellation is Reggio. RHOETEUM, a promontory of Troas, on the shore of the Hellespont, in a northeast direction nearly from Sigaeum. On the sloping side of it the body of Ajax was said to have been buried, and the tumulus that stands there was thought to mark the spot. Between this promontory and that of Sigaeum was the position of the Graecian camp. According to Leake, Palaeo Castro, near the Turkish village of It-gelmes marks the probable site of Rhoeteum. RUDIAE, a city of Italy, in the territory of the Calabri, and below Brundisium. It was rendered famous by being the birthplace of Ennius. The remains of this place are still known by the name of Ruge. S. SALAMINII, the inhabitants of the island of Salamis, who are mentioned by Cicero as among the number of those that claimed to have had Homer born among them. Salamis lay in the Sinus Saronicus, opposite Eleusis in Attica, and the intervening strait was famous for the naval conflict be- tween the Greeks and the Persians. It is now called Colouri, which is also the name of its principal town. SAMOS, an island in the Aegean sea, off the lower part of the coast of Ionia, and nearly opposite the Trogilian promontory. The intervening strait was about seven stadia. Samos was the most important and pow- erful island of the Ionians. It was the birthplace of Pythagoras, and claimed also to be the natal place of Homer. GEOGRAPHICAL INDEX. 509 SICILIA, a well-known island in the Mediterranean, separated from Italy by the Fretum Siculum, or straits of Messina. Its triangular shape gave it the name of Trinacria and Triquetra, (тpeîs-ǎkpai, and rpeîs-ĉopai.) The promontory nearest Italy was called Pelorum, now Cape Faro. The one to the south of this was Pachynum, now Passaro; and the remain- ing one, Lilybaeum, now Boeo. This last, however, is in truth, not a mountain-promontory, but a low, flat point of land, rendered dangerous to vessels by its sand-banks and concealed rocks. Sicilia derived its name from the ancient Siculi, who came into this island from Latium. SIGAEUM, a celebrated promontory of Troas, near the mouth of the Scamander. The modern name is Cape Jenischehr, or, as it is more commonly pronounced, Cape Janissary. The promontories of Sigaeum and Rhoeteum formed the limits, on either side, of the station of the Grecian fleet. Achilles, Patroclus, and Antilochus were buried on Si- gaeum, and three large tumuli, or mounds of earth, are supposed to mark their tombs; though, from a passage of Homer (Od. 24, 75, seqq.) it would seem that one mound or tomb covered the ashes of all three. SINOPE, a city of Paphlagonia, on the eastern coast, and a little below its northern extremity. It was the most important city, in a commercial point of view, on the shores of the Euxine, and was founded by a Mile- sian colony at a very early period, even prior it is said to the rise of the Persian empire. The situation of Sinope was extremely well chosen. It was built on the neck of a peninsula; and as this peninsula was se- cured from any hostile landing along its outer shores by high cliffs, the city only needed defending on the narrow isthmus connecting it with the main land, while at the same time it had two convenient harbours on either side. Sinope soon increased in wealth and power, and became possessed of a dependant territory, which reached as far as the Halys. Its flourishing condition of course excited envy, and it was frequently besieged by the neighbouring satraps of Paphlagonia and Cappadocia. It was at last reduced by Pharnaces, and became the residence of the mon- archs of Pontus, until Lucullus took it from the last Mithridates. It suffered severely on this occasion, and the Roman commander stripped it of many fine statues, and valuable works of art. Sinope was the birth- place of the Cynic Diogenes. Its modern name is Sinub, and it is still one of the most important cities along this coast. T. TARENTUM, (in Greek Tápas-avros,) now Taranto, a celebrated city of Lower Italy, situate in the northeastern angle of the Sinus Tarentinus, and in the territory of Messapia or Iapygia. Placed in the centre, as it were, it obtained the whole commerce of the Adriatic, Ionian, and Tus- can seas. The adjacent country was fertile in grain, and fruit, the pas- tures were excellent, and the flocks afforded a very fine wool. Its navy also was superior to that of any other Italian colony. Luxury, however, the sure concomitant of wealth, eventually undermined all this fabric of power and greatness, and Tarentum passed, after a long struggle, under the yoke of the Romans, although upheld for a time by the talents and energies of Pyrrhus, king of Epirus. TENEDOS, a small but fertile island of the Aegean, opposite the coast of Troas, at the distance of about 12 miles from Sigaeum, and 56 miles 43* 510 GEOGRAPHICAL INDEX. north from Lesbos. It was here that the Grecian fleet were said to have concealed themselves, the more effectually to make the Trojans believe that they had returned home without finishing the war. Tenedos de- clined in power after the fall of Troy, and became subject to the city of Alexandrea Troas, on the continent. The position of Tenedos, so near the mouth of the Hellespont, has always rendered it a place of impor- tance in both ancient and modern times. TIGRANOCERTA, the capital of Armenia, built by Tigranes. It was situate to the east of the Tigris, on the river Nicephorius, and, according to Tacitus, stood on a hill surrounded by that river. Lucullus took it during the Mithridatic war, and found in it immense riches. The mod- ern Sered on the Chabur, indicates the ancient site. TEUTONES, Vid. Cimbri. LEGAL INDEX. LEGAL INDEX. A. Lex AEBUTIA, proposed by the tribune Aebutius, but at what time is uncertain. It prohibited the proposer of a law concerning any charge or power, from conferring that charge or power on himself, his colleagues, or relations. Agr. 2, 8. Leges AGRARIAE, Vid. Lex SEMPRONIA. Leges ANNALES, laws fixing the ages for enjoying different offices. A law was passed for this purpose, A. U. C. 573, which had been proposed by L. Villius, a tribune of the commons, whence he obtained the sur- name of Annalis, which descended to his family. (Liv. 40, 44.-Ma- nut. de leg. c. 6.) There seems, indeed, to have been some regulation on the subject, even before the Villian law, (Liv. 25, 2,) but the partic- ular ages for particular offices were not designated, as in this law; it was only settled how old a person must be before he could begin to be an applicant for office generally. (Duker, ad Liv. 1. c.) The years fixed by the Villian law were as follows: for the quaestorship, 31; for the aedileship, 37; for the practorship, 40; and for the consulship, 43. This estimate is founded upon Cicero's movements, who obtained these offices at the periods just mentioned, and, as he himself informs us, each in its proper year, (suo anno,) i. e. as soon as it could be obtained by law. Another Lex Annalis was introduced by M. Pinarius Rusca, a tribune of the commons, (Cic. de Orat. 2, 65,) but nothing is known of its provisions. These laws are also called Leges Annariae by Festus, and Lampridius. Vit. Comm. c. 2. Lex AURELIA, (judiciaria) by L. Aurelius Cotta, praetor, A. U. C. 683. It ordained that judices, or what we would call jurymen, should be chosen from the senators, equites, and tribuni aerarii. These last were officers chosen from the plebeians, who kept and gave out the money for defraying the expenses of the army.-The history of this law is as follows: The Judices at first were chosen from the senators, until, on account of the corruption of that order, Caius Gracchus brought in a law (Vid. Lex SEMPRONIA,) by which the right of acting as judices was taken from the senators and given to the equites. The latter, however, in- dulged in great harshness and actual unfairness, towards the members of the senate who happened to be accused before them, especially if they had opposed, either in the senate, or during some provincial magistracy, any of the unreasonable demands of the publicani of the day. (Cic. in 513 1 514 LEGAL İNDEX. Verr. 1, 13.) In every other respect, however, they judged with great impartiality. The Livian and Plautian laws were therefore enacted, by which it was ordained that judices should be chosen in common from among both senators and equites. But these statutes were found ineſ- fectual to remedy the evil, and Sylla, therefore, by one of the Leges Corneliae, took away the right of judging from the equestrian order and restored it to the senate. Not even after this, however, was there com- plete fairness in judging. The lower orders complained of the existing state of things, and therefore, through fear lest some seditious tribune might make this matter a handle for exciting sedition, Cotta proposed the Aurelian law. Compare Cic. Phil. 1, 8.—Agr. 1, 2. C. Lex CALPURNIA, by C. Calpurnius Piso, A. U. C. 686, when he and M'. Acilius Glabrio were consuls. It was aimed against bribery in su- ing for office, which had become very marked and open. Some idea of its provisions may be obtained from the language of Cicero, in the oration for Murena, (c. 32)" Si mercede corrupti obviam candidatis issent," &c. The reference to be sure is to a senatus-consultum, but Cicero adds a little farther on, "Si factum sit, (sc. hujusmodi quid,) quin contra legem sit, dubitare nemo potest.-This law is sometimes called Lex Acilia-Cal- purnia, from the names of both consuls, but Cicero merely styles it Lex Calpurnia. It was subsequently abrogated by a senatus-consultum (Pro Corn. fragm. 1, p. 631.—Ascon. ad loc.) It is alluded to by Sal- lust. B. C. 18. Compare Dio Cass. 36, and Vid. Lex TULLIA. Lex CARBONIS et SILVANI, Vid. Lex PLAUTIA. Lex CORNELIA, (judiciaria) by L. Cornelius Sylla. It took away from the equites the right of being judices, and restored it to the senate. Consult remarks under Lex AURELIA. Lex CORNELIA, (de veneficiis,) by the same. It was aimed in the first instance at those guilty of secret assassination, and then at those who took away the life of another by poison, false accusation, &c. The law ordained that these should be regarded as quaestiones capitales,” and the punishment was to be banishment and confiscation of property. Consult Cic. pro Cluent, 56, and Sigonius, de Judiciis, 2, 31. 66 Lex CORNELIA, (testamentaria) by the same, against those who forged or altered wills. As it, however, contained other provisions against various kinds of false and dishonest conduct, it is sometimes called Lex Cornelia de falso. For example it was aimed also at those who debased or counterfeited the public coin. J. Paulli. recept. sententiarum L. V. Tit. 25. Lex CORNELIA, (de libertinorum suffragiis,) by Cornelius a tribune of the commons. This law was the same with the Manilian. (Vid. Lex MANILIA de suffragiorum confusione.) In other words, the accuser of Cornelius alleged, that the Manilian law had been passed by the joint op- eration and efforts of him and Manilius. F. Lex FABIA, (de numero sectatorum) limiting the number of sectatores that attended candidates, when canvassing for any office. A large attend- LEGAL INDEX. 515 ance was forbidden by this law, as coming under the head of "ambitus." It was never a popular statute, for the people could be deterred by no penalties from this mode of expressing their regard for a candidate.- The sectatores, who always attended candidates, were distinguished from the salutatores, who only waited on them at their houses in the morning, and then went away; and from the deductores, who also went down with them to the forum and Campus Martius. G. Lex GABINIA, by Aulus Gabinius, about conferring on Pompey the management of the war against the pirates. For an account of its pro- visions, consult note 14, page 82. →→ M J. Lex JULIA, (de maritandis ordinibus,) this was the famous law of Au- gustus, for the encouragement of matrimony, offering rewards to those who should enter the married state, and imposing a penalty on those who should remain in a life of celibacy. It met with great opposition, accord- ing to Suetonius, (Oct. 34,) and Augustus was compelled to soften down its most obnoxious features, and then allow an exemption from its pro- visions for three years. At the expiration of this period, a still farther exemption of two years was granted, and at length the law went into full operation A. U. C. 757. It was re-modelled, however, into the Lex PAPIA-POPPAEA, A. U. C. 762. Sueton. Oct. 89.—Liv. Epit. 59.-Horat. Carm. Saec. 17, seqq.—Propert. 2, 6, 1.—Dio Cass. 56, 10. Consult remarks under Lex PAPIA-POPPAEA. L. Lex LAETORIA, (contra circumscriptores adolescentum,) against the defrauding of minors, passed A. U. C. 490. It ordained that no one under 25 years of age could make a legal bargain, fixing therefore the limit of minority at that period of life. Hence it was also called Lex QUINAVICENNARIA. (Plaut. Pseud. 1, 3, 68.) It was proposed by M. Laetorius Plancianus, tribune of the commons. Cic. de Off. 3, 15.—Id. N. D. 3, 39.-Sueton. Lib. Praet. ap. Prisc. lib. 18.-Heinecc. Ant. Rom. 1, 23, 6, p. 198, ed. Haubold. Lex LICINIA, by L. Licinius Crassus, the orator, similar in its provis- ions to the Aebutian law. Agr. 2, 8.-Pro Dom. 20. M. Lex LICINIA, (de ambitu et de sodalitiis,) passed in the consulship of Cn. Pompeius and M. Licinius Crassus, A. U. C. 698. It was enacted against bribery and the assembling of societies or companies for the purpose of canvassing for office. In a trial for this crime the accuser was allowed to name the jurymen from the people in general. Or. pro Planc. 15.-Id. ibid. 17.-Sigonius, de Judiciis, 2, 30, p. 650, et 658. Lex MANILIA, (de libertinorum suffragiis,) proposed by C. Manilius the tribune, who also introduced the law giving Pompey charge of the 516 LEGAL INDEX. war against Mithridates. An account of the provisions of this statute respecting the votes of freedmen will be found under note 17, page 116. Lex MANILIA, by the same Manilius, giving the charge of the Mithri- datic war to Pompey. (Or. pro Man. L. 29.) The Manilian law, according to Plutarch, gave Pompey all the provinces and forces under Lucullus, and added likewise Bithynia, which was at that time governed by Glabrio. It directed him to carry on the war against Mithridates and Tigranes, for which purpose he was also to retain his naval command. This was subjecting, at once, the whole Roman empire to one man. For the provinces, which the Gabinian law did not give him, viz., Phrygia, Lycaonia, Galatia, Cappadocia, Cilicia, the upper Colchis, and Armenia, were granted by this; together with all the forces which, under Lucullus, had defeated Mithridates and Tigranes. Plut. Vit. Pomp. 30. P. LEX PAPIA-POPPAEA, (de maritandis ordinibus,) proposed by the con- suls Papius and Poppaeus, at the desire of Augustus, A. U. C. 762. Its object was to enforce and enlarge the Julian law, and to promote popu- lation, and repair the desolation occasioned by the civil wars. This statute, like the Julian ordinance, proposed certain rewards for marriage, and penalties against celibacy. Whoever in the city had three children, in the other parts of Italy four, and in the provinces five, was entitled to certain privileges and immunities. Hence the famous jus trium libero- rum, so often mentioned by Pliny, Martial, and other ancient writers. The privileges of having three children were, an exemption from the trouble of guardianship, a priority in bearing offices, and a treble propor- tion of corn. Those who lived in celibacy could not succeed to an inher- itance, except of their nearest relations, unless they married within 100 days after the death of the testator; nor receive an entire legacy. And what they were thus deprived of fell as an escheat to the exchequer or prince's private purse. (Heinecc. Antiq. Rom. 1, 25, 7, seqq.) Lex PAPIA, by C. Papius, tribune of the commons, A. U. C. 688. It ordained that all foreigners should be expelled from Rome, and that the allies of the Latin name should return to their respective cities. (Cic. pro Arch. 5.-Pro Balb. 23.—Ep. ad Att. 4, 14.-De Off. 3, 11.) Lex PAPIRIA, the same with the Lex PLAUTIA. Lex PLAUTIA, or PLOTIA, (judiciaria,) proposed by M. Plautius Sil- vanus, and C. Papirius Carbo, both tribunes of the commons at the time. The provisions of this law are given in the oration for Archias, (c. 4.) It was passed A. U. C. 664. Lex PORCIA, by M. Porcius Laeca, tribune of the commons, A. U. C. 556, that no one should bind, scourge or kill a Roman citizen, but that the alternative of exile be allowed him. Manutius errs in assigning this law to M. Porcius Cato, the censor. Q. QUAESTIONES. The praetor urbanus and praetor peregrinus dispensed justice only in private or less important causes. But in public cases and those of any magnitude, the people either judged themselves, or appointed persons, one or more, to preside at the trial, who were called quaesitores, or quaestores, and whose authority lasted only till the trial was over. LEGAL INDEX. 517 But A. U. C. 604, it was determined, that the praetor urbanus and prae- tor peregrinus should continue to exercise their usual jurisdictions; and that the four other practors should, during their magistracy, also remain in the city, and preside at public trials; one at trials concerning extor- tion; another concerning bribery; a third concerning crimes committed against the state; and a fourth about defrauding the public treasury. These were called Quaestiones Perpetuae, because they were annually assigned to particular praetors, who always conducted them for the whole year, according to a certain form prescribed by law; so that there was no need, as formerly, of making a new law, or of appointing extraordi- nary inquisitors to preside at them, who should resign their authority when the trial was ended. But still, when any thing unusual or atro- cious happened, the people or senate judged about the matter themselves, or appointed inquisitors to preside at the trial; and then they were said extra ordinem quaerere: as in the case of Clodius, for violating the sacred rites of the Bona Dea; and of Milo, for the murder of Clodius.—Sylla increased the number of the quaestiones perpetuae, by adding those de falso, concerning forgers of wills, &c., and coiners of base money; de sicariis et veneficis, about such as killed with a weapon or poison; and de parricidis; on which account he created two additional praetors. R. Lex Roscia, (theatralis,) by L. Roscius Otho, determining the fortune of the equites, and appointing them certain seats in the theatre. By this law fourteen rows of seats, immediately behind the senators, were appro- priated to the knights. This ordinance excited a great tumult in the theatre on the first appearance of its proposer after the law had been passed. Consult Historical Index, s. v. Otho. S. Lex SEMPRONIA, (Agraria,) by Tiberius Gracchus, A. U. C. 620, that no one should possess more than 500 acres (jugera) of land; and that three commissioners should be appointed to divide among the poorer people what any one had above that extent. This is the famous Agra- rian law, which cost its proposer his life. It was in fact little more than a revival of the Licinian law of Stolo. This ordinance was passed, but never carried into effect. (Plut. Vit. Gracch.-Vell. Paterc. 2, 2.- Liv. Epit. 58.) Lex SEMPRONIA, (judiciaria,) by Caius Gracchus, that the judices should be chosen from among the equites, and not from the senators, as formerly. Consult remarks under Lex AURELIA. Lex SEMPRONIA, (de libertate civium,) by the same, that sentence should not be passed on the life of a Roman citizen, without the order of the people. This was merely declaratory of one of the laws of the twelve tables. (Pro Rab. c. 4.-In Verr. 5, 63.-In Cat. 1, 11.) T. Lex TITIA, (de quaestoribus,) by C. Titius, tribune of the commons, A. U. C. 448, about doubling the number of quaestors, and that they should determine their provinces by lot. (Or. pro Muren. 8.) 44 518 LEGAL INDEX. Lex TULLIA, (de ambitu,) by M. Tullius Cicero, A. U. C. 690, adding to the former punishments against bribery. 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