Chapter XII: Letter LXXXIX: he shews how early he had contemplated Clodius being (1)

killed by Milo (_occisum iri ab ipso Milone video_).]

LXXXIX (A IV, 1)

TO ATTICUS (IN EPIRUS)

ROME (SEPTEMBER)

[Sidenote: B.C. 57, ÆT. 49]

Directly I arrived at Rome, and there was anyone to whom I could safely intrust a letter for you, I thought the very first thing I ought to do was to congratulate you in your absence on my return. For I knew, to speak candidly, that though in giving me advice you had not been more courageous or far-seeing than myself, nor--considering my devotion to you in the past--too careful in protecting me from disaster, yet that you--though sharing in the first instance in my mistake, or rather madness, and in my groundless terror--had nevertheless been deeply grieved at our separation, and had bestowed immense pains, zeal, care, and labour in securing my return. Accordingly, I can truly assure you of this, that in the midst of supreme joy and the most gratifying congratulations, the one thing wanting to fill my cup of happiness to the brim is the sight of you, or rather your embrace; and if I ever forfeit that again, when I have once got possession of it, and if, too, I do not exact the full delights of your charming society that have fallen into arrear in the past, I shall certainly consider myself unworthy of this renewal of my good fortune.

In regard to my political position, I have resumed what I thought there would be the utmost difficulty in recovering--my brilliant standing at the bar, my influence in the senate, and a popularity with the loyalists even greater than I desired. In regard, however, to my private property--as to which you are well aware to what an extent it has been crippled, scattered, and plundered--I am in great difficulties, and stand in need, not so much of your means (which I look upon as my own), as of your advice for collecting and restoring to a sound state the fragments that remain. For the present, though I believe everything finds its way to you in the letters of your friends, or even by messengers and rumour, yet I will write briefly what I think you would like to learn from my letters above all others. On the 4th of August I started from Dyrrachium, the very day on which the law about me was carried. I arrived at Brundisium on the 5th of August. There my dear Tulliola met me on what was her own birthday, which happened also to be the name-day of the colony of Brundisium and of the temple of Safety, near your house. This coincidence was noticed and celebrated with warm congratulations by the citizens of Brundisium. On the 8th of August, while still at Brundisium, I learnt by a letter from Quintus that the law had been passed at the _comitia centuriata_ with a surprising enthusiasm on the part of all ages and ranks, and with an incredible influx of voters from Italy. I then commenced my journey, amidst the compliments of the men of highest consideration at Brundisium, and was met at every point by legates bearing congratulations. My arrival in the neighbourhood of the city was the signal for every soul of every order known to my nomenclator coming out to meet me, except those enemies who could not either dissemble or deny the fact of their being such. On my arrival at the Porta Capena, the steps of the temples were already thronged from top to bottom[378] by the populace; and while their congratulations were displayed by the loudest possible applause, a similar throng and similar applause accompanied me right up to the Capitol, and in the forum and on the Capitol itself there was again a wonderful crowd. Next day, in the senate, that is, the 5th of September, I spoke my thanks to the senators. Two days after that--there having been a very heavy rise in the price of corn, and great crowds having flocked first to the theatre and then to the senate-house, shouting out, at the instigation of Clodius, that the scarcity of corn was my doing--meetings of the senate being held on those days to discuss the corn question, and Pompey being called upon to undertake the management of its supply in the common talk not only of the plebs, but of the aristocrats also, and being himself desirous of the commission, when the people at large called upon me by name to support a decree to that effect, I did so, and gave my vote in a carefully-worded speech. The other consulars, except Messalla and Afranius, having absented themselves on the ground that they could not vote with safety to themselves, a decree of the senate was passed in the sense of my motion, namely, that Pompey should be appealed to to undertake the business, and that a law should be proposed to that effect. This decree of the senate having been publicly read, and the people having, after the senseless and new-fangled custom that now prevails, applauded the mention of my name,[379] I delivered a speech. All the magistrates present, except one prætor and two tribunes, called on me to speak.[380] Next day a full senate, including all the consulars, granted everything that Pompey asked for. Having demanded fifteen legates, he named me first in the list, and said that he should regard me in all things as a second self. The consuls drew up a law by which complete control over the corn-supply for five years throughout the whole world was given to Pompey. A second law is drawn up by Messius,[381] granting him power over all money, and adding a fleet and army, and an _imperium_ in the provinces superior to that of their governors. After that our consular law seems moderate indeed: that of Messius is quite intolerable. Pompey professes to prefer the former; his friends the latter. The consulars led by Favonius murmur: I hold my tongue, the more so that the pontifices have as yet given no answer in regard to my house.[382] If they annul the consecration I shall have a splendid site. The consuls, in accordance with a decree of the senate, will value the cost of the building that stood upon it; but if the pontifices decide otherwise, they will pull down the Clodian building, give out a contract in their own name (for a temple), and value to me the cost of a site and house. So our affairs are

"For happy though but ill, for ill not worst."[383]

In regard to money matters I am, as you know, much embarrassed. Besides, there are certain domestic troubles, which I do not intrust to writing. My brother Quintus I love as he deserves for his eminent qualities of loyalty, virtue, and good faith. I am longing to see you, and beg you to hasten your return, resolved not to allow me to be without the benefit of your advice. I am on the threshold, as it were, of a second life. Already certain persons who defended me in my absence begin to nurse a secret grudge at me now that I am here, and to make no secret of their jealousy. I want you very much.

[Footnote 378: Reading _ab infimo_.]

[Footnote 379: As backing the decree. The phrase was _aderat scribendo M. Tullius Cicero_, etc.]

[Footnote 380: _Dederunt_, _i.e._, _contionem_; lit. gave me a meeting, _i.e._, the right of addressing the meeting, which only magistrates or those introduced by magistrates could do.]

[Footnote 381: C. Messius, a tribune of the year.]

[Footnote 382: Clodius had consecrated the site of Cicero's house for a temple of Liberty. The pontifices had to decide whether that consecration held good, or whether the site might be restored to Cicero. Hence his speech _de Domo sua ad Pontifices_.]

[Footnote 383: The origin of the Latin line is not known. The English is Milton's, _P. L._ ii. 224.]

XC (A IV, 2)

TO ATTICUS (IN EPIRUS)

ROME (OCTOBER)

[Sidenote: B.C. 57, ÆT. 49]

If by any chance you get letters less frequently from me than from others, I beg you not to put it down to my negligence, or even to my engagements; for though they are very heavy, there can be none sufficient to stop the course of our mutual affection and of the attention I owe to you. The fact is that, since my return to Rome, this is only the second time that I have been told of anyone to whom I could deliver a letter, and accordingly this is my second letter to you. In my former I described the reception I had on my return, what my political position was, and how my affairs were.

"For happy though but ill, for ill not worst."

The despatch of that letter was followed by a great controversy about my house. I delivered a speech before the pontifices on the 29th of September. I pleaded my cause with care, and if I ever was worth anything as a speaker, or even if I never was on any other occasion, on this one at any rate my indignation at the business, and the importance of it, did add a certain vigour to my style.[384] Accordingly, the rising generation must not be left without the benefit of this speech, which I shall send you all the same, even if you don't want it.[385] The decree of the pontifices was as follows: "If neither by order of the people nor vote of the plebs the party alleging that he had dedicated had been appointed by name to that function, nor by order of the people or vote of the plebs had been commanded to do so, we are of opinion that the part of the site in question may be restored to M. Tullius without violence to religion." Upon this I was at once congratulated--for no one doubted that my house was thereby adjudged to me--when all on a sudden that fellow mounts the platform to address a meeting, invited to speak by Appius,[386] and announces at once to the people that the pontifices had decided in his favour,[387] but that I was endeavouring to take forcible possession; he exhorts them to follow himself and Appius to defend their own shrine of Liberty.[388] Hereupon, when even those credulous hearers partly wondered and partly laughed at the fellow's mad folly, I resolved not to go near the place until such time as the consuls by decree of the senate had given out the contract for restoring the colonnade of Catulus.[389] On the 1st of October there was a full meeting of the senate. All the pontifices who were senators were invited to attend, and Marcellinus,[390] who is a great admirer of mine, being called on to speak first, asked them what was the purport of their decree. Then M. Lucullus, speaking for all his colleagues, answered that the pontifices were judges of a question of religion, the senate of the validity of a law: that he and his colleagues had given a decision on a point of religion; in the senate they would with the other senators decide on the law. Accordingly, each of them, when asked in their proper order for their opinion, delivered long arguments in my favour. When it came to Clodius's turn, he wished to talk out the day, and he went on endlessly; however, after he had spoken for nearly three hours, he was forced by the loud expression of the senate's disgust to finish his speech at last. On the decree in accordance with the proposal of Marcellinus passing the senate against a minority of one, Serranus interposed his veto.[391] At once both consuls referred the question of Serranus's veto to the senate. After some very resolute speeches had been delivered--"that it was the decision of the senate that the house should be restored to me": "that a contract should be given out for the colonnade of Catulus": "that the resolution of the house should be supported by all the magistrates": "that if any violence occurred, the senate would consider it to be the fault of the magistrate who vetoed the decree of the senate"--Serranus became thoroughly frightened, and Cornicinus repeated his old farce: throwing off his toga, he flung himself at his son-in-law's feet.[392] The former demanded a night for consideration. They would not grant it: for they remembered the 1st of January. It was, however, at last granted with difficulty on my interposition. Next day the decree of the senate was passed which I send you. Thereupon the consuls gave out a contract for the restoration of the colonnade of Catulus: the contractors immediately cleared that portico of his away to the satisfaction of all.[393] The buildings of my house the consuls, by the advice of their assessors, valued at 2,000,000 sesterces (about £16,000).[394] The rest was valued very stingily. My Tusculan villa at 500,000 sesterces (about £4,000): my villa at Formiæ at 250,000 sesterces (about £2,000)--an estimate loudly exclaimed against not only by all the best men, but even by the common people. You will say, "What was the reason?" They for their part say it was my modesty--because I would neither say no, nor make any violent expostulation. But that is not the real cause: for that indeed in itself would have been in my favour.[395] But, my dear Pomponius, those very same men, I tell you, of whom you are no more ignorant than myself, having clipped my wings, are unwilling that they should grow again to their old size. But, as I hope, they are already growing again. Only come to me! But this, I fear, may be retarded by the visit of your and my friend Varro. Having now heard the actual course of public business, let me inform you of what I have in my thoughts besides. I have allowed myself to be made _legatus_ to Pompey, but only on condition that nothing should stand in the way of my being entirely free either to stand, if I choose, for the censorship--if the next consuls hold a censorial election--or to assume a "votive commission" in connexion with nearly any fanes or sacred groves.[396] For this is what falls in best with our general policy and my particular occasions. But I wished the power to remain in my hands of _either_ standing for election, _or_ at the beginning of the summer of going out of town: and meanwhile I thought it not disadvantageous to keep myself before the eyes of the citizens who had treated me generously. Well, such are my plans in regard to public affairs; my domestic affairs are very intricate and difficult. My town house is being built: you know how much expense and annoyance the repair of my Formian villa occasions me, which I can neither bear to relinquish nor to look at. I have advertised my Tusculan property for sale; I don't much care for a suburban residence.[397] The liberality of friends has been exhausted in a business which brought me nothing but dishonour: and this you perceived though absent, as did others on the spot, by whose zeal and wealth I could easily have obtained all I wanted, had only my supporters allowed it.[398] In this respect I am now in serious difficulty. Other causes of anxiety are somewhat more of the _tacenda_ kind.[399] My brother and daughter treat me with affection. I am looking forward to seeing you.

[Footnote 384: The speech _de Domo sua ad Pontifices_. The genuineness of the existing speech has been doubted. But it may very well be said that no one but Cicero could have written it. It is not certainly one of his happiest efforts, in spite of what he says here; but he is not unaccustomed to estimate his speeches somewhat highly, and to mistake violence for vigour.]

[Footnote 385: He will send it to Atticus to get copied by his _librarii_, and published.]

[Footnote 386: Appius Claudius Pulcher, brother of P. Clodius, was a prætor this year.]

[Footnote 387: It is not clear that Clodius was wrong; the pontifices decided that for a valid consecration an order of the people was requisite, and, of course, Clodius could allege such an order. Cicero devoted the greater part of his speech, therefore, to shewing (1) that Clodius's adoption was invalid, and that he was therefore no tribune, and incapable of taking an order of the people; (2) that the law was a _privilegium_, and therefore invalid. The pontifices did not consider either of these points, which were not properly before them, or within their competence; they merely decided the religious question--that unless there had been a _iussus populi_ or _plebis scitus_ there was no valid consecration.]

[Footnote 388: Or perhaps only "statue of Liberty," as the temple was not yet completed.]

[Footnote 389: A portico or colonnade, built by Q. Catulus, the conqueror of the Cimbri, on the site of the house of M. Flaccus, who was killed with Saturninus in B.C. 100. It was close to Cicero's house, and what Clodius appears to have done was to pull down the portico, and build another, extending over part of Cicero's site, on which was to be a temple for his statue of Liberty.]

[Footnote 390: Cn. Cornelius Lentulus Marcellinus was called on first as consul designate for B.C. 56.]

[Footnote 391: Sext. Attilius Serranus, a tribune. He had been a quæstor in Cicero's consulship, but had opposed his recall.]

[Footnote 392: Cn. Oppius Cornicinus, the father-in-law of Serranus, is said in _p. red. at Quir._ § 13 to have done the same in the senate on the 1st of January, when Serranus also went through the same form of "demanding a night" for consideration.]

[Footnote 393: Prof. Tyrrell brackets _porticum_. But I do not understand his difficulty, especially as he saw none in the last letter. Cicero (_de Domo_, § 102) certainly implies that Clodius had, at any rate, partly pulled down the _porticus Catuli_, in order to build something on a larger scale, which was to take in some of Cicero's site. This was now to come down, and so leave Cicero his _area_, and, I presume, the old _porticus Catuli_ was to be restored.]

[Footnote 394: Cicero had given Crassus 3,500,000 for it (about £28,000). See Letter XVI.]

[Footnote 395: _I.e._, my modest reserve. There does not seem any reason for Tyrrell's emendation of _num_ for _nam_.]

[Footnote 396: I have translated Klotz's text. That given by Prof. Tyrrell is, to me at any rate, quite unintelligible. Cicero's _legatio_ under Pompey appears to have been, in fact, honorary, or _libera_, for he doesn't seem to have done anything. He wishes to reserve the right of resigning it to stand for the censorship (censors were elected in the following year), or of turning it into a _votiva legatio_, to visit certain sacred places on the plea of performing a vow, thus getting the opportunity, if he desired it, of retiring temporarily from Rome in a dignified manner. The force of _prope_ seems to be "almost any, I care not what." It was not likely that a man with his stormy past would do for the delicate duties of the censorship, and he would save appearances by going on a _votiva legatio_. See Letter XLIV.]

[Footnote 397: _Facile careo_, others read _non facile_, "I don't like being without a suburban residence."]

[Footnote 398: The thing which brought him "nothing but dishonour" was his quitting Rome, and the consequent expenses connected with winning over friends, or paying for Milo's bravoes to face those of Clodius. In the last part of the sentence he seems to mean that, had his supporters backed him properly, he would have got everything necessary to make good his losses from the liberality of the senate. Others explain that _defensores_ really means Pompey only.]

[Footnote 399: This and the omission of his wife in the next clause, as the similar hint at the end of the last letter, seem to point to some misunderstanding with Terentia, with whom, however, a final rupture was postponed for nearly twelve years (B.C. 46.)]

XCI (A IV, 3)

TO ATTICUS (IN EPIRUS)

ROME, 24 NOVEMBER

[Sidenote: B.C. 57, ÆT. 49]

I am very well aware that you long to know what is going on here, and also to know it from me, not because things done before the eyes of the whole world are better realized when narrated by my hand than when reported to you by the pens or lips of others, but because it is from my letters that you get what you want--a knowledge of _my_ feelings in regard to the occurrences, and what at such a juncture is the state of my mind, or, in a word, the conditions in which I am living. On the 3rd of November the workmen were driven from the site of my house by armed ruffians: the _porticus Catuli_,[400] which was being rebuilt on a contract given out by the consuls, in accordance with a decree of the senate, and had nearly reached the roof, was battered down: the house of my brother Quintus[401] was first smashed with volleys of stones thrown from my site, and then set on fire by order of Clodius, firebrands having been thrown into it in the sight of the whole town, amidst loud exclamations of indignation and sorrow, I will not say of the loyalists--for I rather think there _are_ none--but of simply every human being. That madman runs riot: thinks after this mad prank of nothing short of murdering his opponents: canvasses the city street by street: makes open offers of freedom to slaves. For the fact is that up to this time, while trying to avoid prosecution,[402] he had a case, difficult indeed to support, and obviously bad, but still a case: he might have denied the facts, he might have shifted the blame on others, he might even have pleaded that some part of his proceedings had been legal. But after such wrecking of buildings, incendiaries, and wholesale robberies as these, being abandoned by his supporters, he hardly retains on his side Decimus the marshal,[403] or Gellius; takes slaves into his confidence; sees that, even if he openly assassinates everyone he wishes to, he will not have a worse case before a court of law than he has at present. Accordingly, on the 11th of November, as I was going down the Sacred Way, he followed me with his gang. There were shouts, stone-throwing, brandishing of clubs and swords, and all this without a moment's warning. I and my party stepped aside into Tettius Damio's vestibule: those accompanying me easily prevented his roughs from getting in. He might have been killed himself.[404] But I am now on a system of cure by regimen: I am tired of surgery. The fellow, seeing that what everybody called for was not his prosecution but his instant execution, has since made all your Catilines seem models of respectability.[405] For on the 12th of November he tried to storm and set fire to Milo's house, I mean the one on Germalus:[406] and so openly was this done, that at eleven o'clock in the morning he brought men there armed with shields and with their swords drawn, and others with lighted torches. He had himself occupied the house of P. Sulla[407] as his headquarters from which to conduct the assault upon Milo's. Thereupon Q. Flaccus led out some gallant fellows from Milo's other house (the _Anniana_): killed the most notorious bravoes of all Clodius's gang: wanted to kill Clodius himself; but my gentleman took refuge in the inner part of Sulla's house. The next thing was a meeting of the senate on the 14th. Clodius stayed at home: Marcellinus[408] was splendid: all were keen. Metellus[409] talked the business out by an obstructive speech, aided by Appius, and also, by Hercules! by your friend on whose firmness you wrote me such a wonderfully true letter! Sestius[410] was fuming. Afterwards the fellow vows vengeance on the city if his election is stopped. Marcellinus's resolution having been exposed for public perusal (he had read it from a written copy, and it embraced our entire case--the prosecution was to include his violent proceedings on the site of my house, his arson, his assault on me personally, and was to take place before the elections), he put up a notice that he intended to watch the sky during all comitial days.[411] Public speeches of Metellus disorderly, of Appius hot-headed, of Publius stark mad. The upshot, however, was that, had not Milo served his notice of bad omens in the _campus_, the elections would have been held. On the 19th of November Milo arrived on the _campus_ before midnight with a large company. Clodius, though he had picked gangs of runaway slaves, did not venture into the _campus_. Milo stopped there till midday,[412] to everybody's great delight and his own infinite credit: the movement of the three brethren[413] ended in their own disgrace; their violence was crushed, their madness made ridiculous. However, Metellus demands that the obstructive notice should be served on him next day in the forum: "there was no need to come to the _campus_ before daybreak: he would be in the _comitium_ at the first hour of the day."[414] Accordingly, on the 20th Milo came to the forum before sunrise. Metellus at the first sign of dawn was stealthily hurrying to the _campus_, I had almost said by by-lanes: Milo catches our friend up "between the groves"[415] and serves his notice. The latter returned greeted with loud and insulting remarks by Q. Flaccus. The 21st was a market day.[416] For two days no public meeting. I am writing this letter on the 23rd at three o'clock in the morning. Milo is already in possession of the _campus_. The candidate Marcellus[417] is snoring so loud that I can hear him next door. I am told that Clodius's vestibule is completely deserted: there are a few ragged fellows there and a canvas lantern.[418] His party complains that I am the adviser of the whole business: they little know the courage and wisdom of that hero! His gallantry is astonishing. Some recent instances of his superhuman excellence I pass over; but the upshot is this: I don't think the election will take place. I think Publius will be brought to trial by Milo--unless he is killed first. If he once puts himself in his way in a riot, I can see that he will be killed by Milo himself. The latter has no scruple about doing it; he avows his intention; he isn't at all afraid of what happened to me, for _he_ will never listen to the advice of a jealous and faithless friend, nor trust a feeble aristocrat. In spirit, at any rate, I am as vigorous as in my zenith, or even more so; in regard to money I am crippled. However, the liberality of my brother I have, in spite of his protests, repaid (as the state of my finances compelled) by the aid of my friends, that I might not be drained quite dry myself. What line of policy to adopt in regard to my position as a whole, I cannot decide in your absence: wherefore make haste to town.

[Footnote 400: See last letter. The _porticus Catuli_ had been, at any rate, partly demolished by Clodius to make way for his larger scheme of building, which was to take in part of Cicero's "site." See _pro Cæl._ §79.]

[Footnote 401: Next door to Cicero's own house.]

[Footnote 402: He would avoid prosecution _de vi_ by getting elected to the ædileship for B.C. 56, for actual magistrates were rarely prosecuted; but he, in this case, actually avoided it by getting a consul and tribune to forbid it by edict (_pro Sest._ § 89).]

[Footnote 403: _Designatorem._ This may mean (1) an official who shewed people to their places in the theatre; (2) an undertaker's man, who marshalled funerals. To the latter office a certain _infamia_ was attached. We know nothing more of Decimus (see _pro Domo_, § 50). Gellius was an eques and a stepson of L. Marcius Philippus. He afterwards gave evidence against Sestius for _vis_ (see _pro Sest._ § 110). Cicero calls him the mover of all seditions (_in Vatin._ § 4), and one of Clodius's gang (_de Har. Resp._ § 59). See next letter.]

[Footnote 404: Perhaps by M. Antonius. See 2 _Phil._ § 21; _pro Mil._ § 40.]

[Footnote 405: Lit. "made all Catilines _Acidini_." Acidinus was the cognomen of several distinguished men. In _Leg. Agr._ ii. § 64, Cicero classes the _Acidini_ among men "respectable not only for the public offices they had held, and for their services to the state, but also for the noble way in which they had endured poverty." There does not, however, seem any very good reason known for their becoming proverbial as the antithesis to revolutionaries.]

[Footnote 406: A slope of the Palatine. Milo's other house (p. 196).]

[Footnote 407: P. Cornelius Sulla, nephew of the dictator. Cicero defended him in B.C. 62, but he had taken the part of Clodius in the time of Cicero's exile.]

[Footnote 408: Cn. Cornelius Lentulus Marcellinus, the consul-designate for the next year. In that capacity he would be called on for his _sententia_ first.]

[Footnote 409: Q. Cæcilius Metellus Nepos, the consul. Though he had not opposed Cicero's recall, he stood by his cousin, P. Clodius, in regard to the threatened prosecution. Appius is Appius Claudius, brother of P. Clodius.]

[Footnote 410: P. Sestius, the tribune favourable to Cicero, afterwards defended by him.]

[Footnote 411: Mr. Purser's reading of _nisi anteferret_ before _proscripsit_ seems to me to darken the passage. What happened was this. Marcellinus's _sententia_ was never put to the vote, because Metellus, Appius, and Hortensius (Cicero seems to mean him) talked out the sitting. Accordingly, Marcellinus published it, _i.e._, put it up outside the Curia to be read: and under it he (or some other magistrate whose name has dropped out of the text) put a notice that he was going to "watch the sky" all the _dies comitiales_, so as to prevent the election being held. But this had been rendered inoperative by Clodius's amendment of the _lex Ælia Fufia_ (see 2 _Phil._ § 81)--or at any rate of doubtful validity--and, accordingly, the only thing left was the _obnuntiatio_ by a magistrate, which Milo proceeded to make. The rule, however was that such _obnuntiatio_ must be made before the _comitia_ were begun (2 _Phil. ib._), which again could not begin till sunrise. Hence Milo's early visit to the _campus_. For the meaning of _proposita_ see Letter XLVII.]

[Footnote 412: After which the _comitia_ could not be begun.]

[Footnote 413: P. Clodius, his brother Appius, and his _cousin_ Metellus Nepos.]

[Footnote 414: Metellus means that he shall take the necessary auspices for the _comitia_ in the _comitium_, before going to the _campus_ to take the votes.]

[Footnote 415: Generally called _inter duos lucos_, the road down the Capitolium towards the Campus Martius, originally so called as being between the two heads of the mountain. It was the spot traditionally assigned to the "asylum" of Romulus.]

[Footnote 416: On the _nundinæ_ and the next day no _comitia_ and no meeting of the senate could be held.]

[Footnote 417: Candidate for the ædileship, of whom we know nothing.]

[Footnote 418: Apparently a poor lantern, whose sides were made of canvas instead of horn.]

XCII (Q FR II, 1)

TO HIS BROTHER QUINTUS (IN SARDINIA[419])

ROME (10 DECEMBER)

[Sidenote: B.C. 57, ÆT. 49]

The letter which you have already read I had sent off in the morning. But Licinius was polite enough to call on me in the evening after the senate had risen, that, in case of any business having been done there, I might, if I thought good, write an account of it to you. The senate was fuller than I had thought possible in the month of December just before the holidays. Of us consulars there were P. Servilius, M. Lucullus, Lepidus, Volcatius, Glabrio: the two consuls-designate; the prætors. We were a really full house: two hundred in all.[420] Lupus had excited some interest.[421] He raised the question of the Campanian land in considerable detail. He was listened to in profound silence. You are not unaware what material that subject affords. He omitted none of the points which I had made in this business.[422] There were some sharp thrusts at Cæsar, some denunciations of Gellius, some appeals to the absent Pompey. After concluding his speech at a late hour, he said that he would not ask for our votes lest he might burden us with a personal controversy; he quite understood the sentiments of the senate from the denunciations of past times and the silence on the present occasion. Milo spoke. Lupus begins the formula of dismissal,[423] when Marcellinus says: "Don't infer from our silence, Lupus, what we approve or disapprove of at this particular time. As far as I am concerned, and I think it is the same with the rest, I am only silent because I do not think it suitable that the case of the Campanian land should be debated in Pompey's absence." Then Lupus said that he would not detain the senate.[423] Racilius rose and began bringing before the house the case of the proposed prosecutions. He calls upon Marcellinus, of course, first;[424] who, after complaining in serious tones of the Clodian incendiaries, massacres, and stonings, proposed a resolution that "Clodius himself should, under the superintendence of the prætor urbanus, have his jury allotted to him; that the elections should be held only when the allotment of jurors[425] had been completed; that whoever stopped the trials would be acting against the interests of the state."[426] The proposal having been received with warm approval, Gaius Cato[427]--as did also Cassius--spoke against it, with very emphatic murmurs of disapprobation on the part of the senate, when he proposed to hold the elections before the trials. Philippus supported Lentulus.[428] After that Racilius called on me first of the unofficial senators for my opinion.[429] I made a long speech upon the whole story of P. Clodius's mad proceedings and murderous violence: I impeached him as though he were on his trial, amidst frequent murmurs of approbation from the whole senate. My speech was praised at considerable length, and, by Hercules! with no little oratorical skill by Antistius Vetus, who also supported the priority of the legal proceedings, and declared that he should consider it of the first importance. The senators were crossing the floor in support of this view,[430] when Clodius, being called on, began trying to talk out the sitting. He spoke in furious terms of having been attacked by Racilius in an unreasonable and discourteous manner. Then his roughs on the Græcostasis[431] and the steps of the house suddenly raised a pretty loud shout, in wrath, I suppose, against Q. Sextilius and the other friends of Milo. At this sudden alarm we broke up with loud expressions of indignation on all sides. Here are the transactions of one day for you: the rest, I think, will be put off to January. Of all the tribunes I think Racilius is by far the best: Antistius also seems likely to be friendly to me: Plancius, of course, is wholly ours. Pray, if you love me, be careful and cautious about sailing in December.

[Footnote 419: Quintus Cicero was in Sardinia as Pompey's _legatus_ as superintendent of the corn-supply, to which office he had been appointed in August. The letter is written not earlier than the 10th of December, for the new tribunes for B.C. 56 have come into office, and not later than the 16th, because on the 17th the Saturnalia began. Perhaps as the senate is summoned and presided over by Lupus, it is on the 10th, the day of his entrance upon office.]

[Footnote 420: "Full," that is, for the time of year. A "full house" is elsewhere mentioned as between three and four hundred.]

[Footnote 421: P. Rutilius Lupus, one of the new tribunes.]

[Footnote 422: This refers to Cicero's attempts to exempt the _ager publicus_ in Campania from being divided (see Letter XXIV, p. 55); and not only to his speeches against Rullus. It was because Cæsar disregarded the ancient exception of this land from such distribution that Cicero opposed his bill, and refused to serve on the commission.]

[Footnote 423: _Nihil vos moramur_ were the words used by the presiding magistrate, indicating that he had no more business to bring before the senate. If no one said anything, the senate was dismissed; but any magistrate, or magistrate-designate, could speak, and so continue the sitting up to nightfall, when the house stood adjourned.]

[Footnote 424: Because consul-designate. L. Racilius, one of the new tribunes.]

[Footnote 425: The _sortitio iudicum_ was performed by the prætor drawing out the required number of names from the urn, which contained the names of all liable to serve. The accused could, however, challenge a certain number, and the prætor had then to draw others.]

[Footnote 426: The formula whereby the senate declared its opinion that so and so was guilty of treason. It had no legal force, but the magistrates might, and sometimes did, act on it.]

[Footnote 427: C. Porcius Cato, distant relation of Cato Uticensis, one of the new tribunes.]

[Footnote 428: _I.e._, Marcellinus (Cn. Cornelius Lentulus).]

[Footnote 429: The senators not in office only spoke when called on (_rogati_). The consuls-designate (if there were any) were always called first, and then the consulars in order. To be called _first_ was a subject of ambition, and an opportunity for the presiding magistrate to pay a compliment or the reverse.]

[Footnote 430: They went and sat or stood near the speaker they wished to support. It was not, however, a formal division till the speeches ended, and the presiding magistrate counted. Still, it made the division easier.]

[Footnote 431: A platform outside the senate-house, where representatives originally of Greek and then of other states were placed. It was apparently possible to hear, or partly hear, the debates from it. It was a _locus substructus_ (Varro, _L. L._ v. 155). There is no evidence that it was a building to lodge ambassadors in, as Prof. Tyrrell says.]

XCIII (F VII, 26)

TO M. FADIUS GALLUS (AT ROME)

TUSCULUM[432] (? DECEMBER)

[Sidenote: B.C. 57, ÆT. 49]

Having been suffering for nine days past from a severe disorder of the bowels, and being unable to convince those who desired my services that I was ill because I had no fever, I fled to my Tusculan villa, after having, in fact, observed for two days so strict a fast as not even to drink a drop of water. Accordingly, being thoroughly reduced by weakness and hunger, I was more in want of your services than I thought mine could be required by you. For myself, while shrinking from all illnesses, I especially shrink from that in regard to which the Stoics attack your friend Epicurus for saying that "he suffered from strangury and pains in the bowels"--the latter of which complaints they attribute to gluttony, the former to a still graver indulgence. I had been really much afraid of dysentery. But either the change of residence, or the mere relaxation of anxiety, or perhaps the natural abatement of the complaint from lapse of time, seems to me to have done me good. However, to prevent your wondering how this came about, or in what manner I let myself in for it, I must tell you that the sumptuary law, supposed to have introduced plain living, was the origin of my misfortune. For whilst your epicures wish to bring into fashion the products of the earth, which are not forbidden by the law, they flavour mushrooms, _petits choux_, and every kind of pot-herb so as to make them the most tempting dishes possible.[433] Having fallen a victim to these in the augural banquet at the house of Lentulus, I was seized with a violent diarrhœa, which, I think, has been checked to-day for the first time. And so I, who abstain from oysters and lampreys without any difficulty, have been beguiled by beet and mallows. Henceforth, therefore, I shall be more cautious. Yet, having heard of it from Anicius[434]--for he saw me turning sick--you had every reason not only for sending to inquire, but even for coming to see me. I am thinking of remaining here till I am thoroughly restored, for I have lost both strength and flesh. However, if I can once get completely rid of my complaint, I shall, I hope, easily recover these.

[Footnote 432: The year of this letter has been inferred from the mention of Lentulus's augural banquet. For P. Cornelius Lentulus Spinther, son of the consul of B.C. 57, was in this year elected into the college of augurs. Yet as we know that Cicero's Tusculan villa was dismantled by Clodius, and was advertised for sale (though not sold), it seems rather extraordinary that Cicero should have gone there for his health. The _Fadii Galli_ were a family of Cicero's native place, Arpinum.]

[Footnote 433: There were several sumptuary laws. Those which may possibly be referred to here are (1) the _lex Licinia_ (? B.C. 103), which defined certain foods as illegal at banquets, but excepted _quod ex terra vite arbore ve sit natum_ (Macrobius, _Sat._ iii. 17, 9; Gell. ii. 24, 7); (2) the _lex Æmilia_ (B.C. 68), which also defined both the quantity and quality of food allowable at banquets (Gell. ii. 24, 12).]

[Footnote 434: C. Anicius, a senator and intimate friend of Cicero's.]

XCIV (F I, I)

[Sidenote: B.C. 56. Coss., Cn. Cornelius Lentulus Marcellinus, L. Marcius Philippus.]

In the year B.C. 56 the growing differences between the triumvirs
were temporarily composed at the meeting at Luca, and Cicero made
up his mind that the only course for him to pursue was to attach
himself to them, as the party of the _boni_ had not, as he hoped,
taken advantage of those differences to attach Pompey to themselves
as a leader against Cæsar. His recantation is indicated in the
speeches _de Provinciis Consularibus_ and _pro Balbo_, in which he
practically supports part, at least, of the arrangements of Luca.

TO P. LENTULUS SPINTHER[435] (IN CILICIA)

ROME, 13 JANUARY

[Sidenote: B.C. 56, ÆT. 50]

Whatever attention or affection I may shew you, though it may seem sufficient in the eyes of others, can never seem sufficient in my own. For such has been the magnitude of your services to me that, inasmuch as you never rested till my affair was brought to a conclusion, while I cannot effect the same in your cause,[436] I regard my life as a burden. The difficulties are these. The king's agent, Hammonius, is openly attacking us by bribery. The business is being carried out by means of the same money-lenders as it was when you were in town. Such people as wish it done for the king's sake--and they are few--are all for intrusting the business to Pompey. The senate supports the trumped-up religious scruple, not from any respect to religion, but from ill-feeling towards him, and disgust at the king's outrageous bribery. I never cease advising and instigating Pompey--even frankly finding fault with and admonishing him--to avoid what would be a most discreditable imputation.[437] But he really leaves no room for either entreaties or admonitions from me. For, whether in everyday conversation or in the senate, no one could support your cause with greater eloquence, seriousness, zeal, and energy than he has done, testifying in the highest terms to your services to himself and his affection for you. Marcellinus, you know, is incensed with his flute-playing majesty.[438] In everything, saving and excepting this case of the king, he professes the intention of being your champion. We take what he gives: nothing can move him from his motion as to the religious difficulty, which he made up his mind to bring, and has, in fact, brought several times before the senate. The debate up to the Ides (for I am writing early in the morning of the Ides[439]) has been as follows: Hortensius and I and Lucullus voted for yielding to the religious scruple as far as concerned the army,[440] for otherwise there was no possibility of getting the matter through, but, in accordance with the decree already passed on your own motion, were for directing you to restore the king, "so far as you may do so without detriment to the state": so that while the religious difficulty prohibits the employment of an army, the senate might still retain you as the person authorized. Crassus votes for sending three legates, not excluding Pompey: for he would allow them to be selected even from such as are at present in possession of _imperium_.[441] Bibulus is for three legates selected from men without _imperium_. The other consulars agree with the latter, except Servilius, who says that he ought not to be restored at all: and Volcatius, who on the motion of Lupus votes for giving the business to Pompey: and Afranius, who agrees with Volcatius. This last fact increases the suspicion as to Pompey's wishes: for it was noticed that Pompey's intimates agreed with Volcatius. We are in a very great difficulty: the day seems going against us. The notorious colloguing and eagerness of Libo and Hypsæus, and the earnestness displayed by Pompey's intimates, have produced an impression that Pompey desires it; and those who don't want him to have it are at the same time annoyed with your having put power into his hands.[442] I have the less influence in the case because I am under an obligation to you. Moreover, whatever influence I might have had is extinguished by the idea people entertain as to Pompey's wishes, for they think they are gratifying him. We are in much the same position as we were long before your departure: now, as then, the sore has been fomented secretly by the king himself and by the friends and intimates of Pompey, and then openly irritated by the consulars, till the popular prejudice has been excited to the highest pitch. All the world shall recognize my loyalty, and your friends on the spot shall see my affection for you though you are absent. If there were any good faith in those most bound to shew it, we should be in no difficulty at all.

[Footnote 435: Consul of B.C. 57, who had gone at the end of his consulship to be governor of Cilicia.]

[Footnote 436: When Ptolemy Auletes first appealed to the senate (B.C. 57) to restore him to the throne of Egypt, it appears that a resolution was passed authorizing the proconsul of Cilicia to do so; but as Pompey wished to have the business, the senate found itself in a difficulty, not wishing to put him in military command, or daring to offend him by an open refusal (Dio, xxxix. 12). The tribune C. Cato found up a Sibylline oracle forbidding the employment of an army for the purpose, which served the senate as a decent excuse. The commission to Lentulus was eventually withdrawn by an _auctoritas senatus_, and Lentulus did not venture to do it. Ptolemy, finding that he could not succeed in getting Pompey commissioned, retired to Ephesus, and afterwards succeeded by an enormous bribe in inducing Gabinius, the proconsul of Syria, to do it (B.C. 55).]

[Footnote 437: Of having been induced by greed or ambition to undertake the restoration of Ptolemy.]

[Footnote 438: Reading _tibicini_ for the unmeaning _tibi_. It is not certain, but it makes good sense. Ptolemy was called _Auletes_ (flute-player), of which the Latin _tibicen_ is a translation, meant, no doubt, somewhat jocosely.]

[Footnote 439: _I.e._, before going to the senate on the Ides of January (13th). See next letter.]

[Footnote 440: The Sibylline oracle forbade restoring the king "with a multitude."]

[Footnote 441: Pompey had at this time _imperium_ as _curator annonæ_.]

[Footnote 442: Because it was on Lentulus's motion that Pompey had been made _curator annonæ_, and so in possession of _imperium_ with naval and military forces.]

XCV (F I, 2)

TO P. LENTULUS SPINTHER (IN CILICIA)

ROME, 15 JANUARY

[Sidenote: B.C. 56, ÆT. 50]

Nothing was done on the 13th of January in the senate, because the day was to a great extent spent in an altercation between the consul Lentulus and the tribune Caninius. On that day I also spoke at considerable length, and thought that I made a very great impression on the senate by dwelling on your affection for the house. Accordingly, next day we resolved that we would deliver our opinions briefly: for it appeared to us that the feelings of the senate had been softened towards us--the result not only of my speech, but of my personal appeal and application to individual senators. Accordingly, the first proposition, that of Bibulus, having been delivered, that three legates should restore the king: the second, that of Hortensius, that you should restore him without an army: the third, that of Volcatius, that Pompey should do it, a demand was made that the proposal of Bibulus should be taken in two parts.[443] As far as he dealt with the religious difficulty--a point which was now past being opposed--his motion was carried; his proposition as to three legates was defeated by a large majority. The next was the proposition of Hortensius. Thereupon the tribune Lupus, on the ground that he had himself made a proposal about Pompey, starts the contention that he ought to divide the house before the consuls. His speech was received on all sides by loud cries of "No": for it was both unfair and unprecedented. The consuls would not give in, and yet did not oppose with any vigour. Their object was to waste the day, and in that they succeeded:[444] for they saw very well that many times the number would vote for the proposal of Hortensius, although they openly professed their agreement with Volcatius. Large numbers were called upon for their opinion, and that, too, with the assent of the consuls: for they wanted the proposal of Bibulus carried. This dispute was protracted till nightfall, and the senate was dismissed. I happened to be dining with Pompey on that day, and I seized the opportunity--the best I have ever had, for since your departure I have never occupied a more honourable position in the senate than I had on that day--of talking to him in such a way, that I think I induced him to give up every other idea and resolve to support your claims. And, indeed, when I actually hear him talk, I acquit him entirely of all suspicion of personal ambition: but when I regard his intimates of every rank, I perceive, what is no secret to anybody, that this whole business has been long ago corruptly manipulated by a certain coterie, not without the king's own consent and that of his advisers.

I write this on the 15th of January, before daybreak. To-day there is to be a meeting of the senate. We shall maintain, as I hope, our position in the senate as far as it is possible to do so in such an age of perfidy and unfair dealing. As to an appeal to the people on the subject, we have, I think, secured that no proposition can be brought before them without neglect of the auspices or breach of the laws, or, in fine, without downright violence.[445] The day before my writing these words a resolution of the senate on these matters of the most serious character was passed, and though Cato and Caninius vetoed it, it was nevertheless written out.[446] I suppose it has been sent to you. On all other matters I will write and tell you what has been done, whatever it is, and I will see that everything is carried out with the most scrupulous fairness as far as my caution, labour, attention to details, and influence can secure it.

[Footnote 443: The proposal of Bibulus to send "three legates" implied a concession to the Sibylline verse, in not sending "an army." It was therefore to be voted on as two questions--(1) Shall the Sibylline verse be obeyed, and an army not sent? (2) Shall three legates be sent?]

[Footnote 444: That is, the debate went off on the side issue as to who had the prior right of dividing the house. Lupus said _he_ had, because the proposal of Volcatius was really made before the others, _i.e._, in the previous day's debate (see last letter). The consuls were only too glad thus to avoid having the main question brought to a vote, and let this technical point be spun out in a languid debate.]

[Footnote 445: Because they had magistrates ready to stop the _comitia_ by declaring bad omens, and tribunes ready to veto any proposal.]

[Footnote 446: A _senatus consultum_ vetoed by a tribune was written out, with the names of its proposers and backers, and a statement at the end as to the tribunes vetoing it. It was thus on record as an _auctoritas senatus_, "resolution of the senate," not a _senatus consultum_. A perfect specimen is given in Letter CCXXIII. This _auctoritas_ was to the effect that no one was to undertake the restoration. See Letter CXIII.]

XCVI (F I, 3)

TO P. LENTULUS SPINTHER (IN CILICIA)

ROME (? JANUARY)

_M. Cicero presents his compliments to P. Lentulus, proconsul._

[Sidenote: B.C. 56, ÆT. 50]