miserable poet,[267] but yet he is not without some knowledge nor wholly useless. I am going to copy the book out and send it back.
[Footnote 264: M. Terentius Varro, "the most learned of the Romans," and author of very large numbers of books. He was afterwards one of Pompey's _legati_ in Spain. He survived most of the men of the revolutionary era.]
[Footnote 265: See Letter XXIV, p. 56.]
[Footnote 266: _I.e._, in biting language. _Archilochum proprio rabies [Footnote 267: The _Cosmographia_ of Alexander of Ephesus. See Letter XLVIII, p. 120.]
XLVII (A II, 21) TO ATTICUS (IN EPIRUS) ROME (JULY) Why should I write to you on the Republic in detail? It is utterly ruined; and is, so far, in a worse state than when you left it, that then a despotism seemed to be oppressing it which was popular with the multitude, and though offensive to the loyalists, yet short of actual mischief; but now all on a sudden they have become so universally hated, that I tremble to think what will be the end of it. For we have had experience of those men's resentment and violence, who have ruined everything in their anger against Cato; yet they were employing such slow poisons, that it seemed as though our end might be painless. Now, however, I fear they have been exasperated by the hisses of the crowd, the talk of the respectable classes, and the murmurs of Italy. For my part, I was in hopes, as I often used actually to say to you, that the wheel of the state chariot had made its revolution with scarcely any noise and leaving scarcely any visible rut; and it would have been so, if people could only have waited till the storm had blown over. But after sighing in secret for a long time they all began, first to groan, and at last to talk and shout. Accordingly, that friend of ours, unaccustomed to being unpopular, always used to an atmosphere of praise, and revelling in glory, now disfigured in body and broken in spirit, does not know which way to turn; sees that to go on is dangerous, to return a betrayal of vacillation; has the loyalists his enemies, the disloyal themselves not his friends. Yet see how soft-hearted I am. I could not refrain from tears when, on the 25th of July, I saw him making a speech on the edicts of Bibulus. The man who in old times had been used to bear himself in that place with the utmost confidence and dignity, surrounded by the warmest affection of the people, amidst universal favour--how humble, how cast down he was then! How ill-content with himself, to say nothing of how unpleasing to his audience! Oh, what a spectacle! No one could have liked it but Crassus--no one else in the world! Not I, for considering his headlong descent from the stars, he seemed to me to have lost his footing rather than to have been deliberately following a path; and, as Apelles, if he had seen his Venus, or Protogenes his Ialysus daubed with mud, would, I presume, have felt great sorrow, so neither could I behold without great sorrow a man, portrayed and embellished with all the colours of my art, suddenly disfigured. Although no one thought, in view of the Clodius business, that I was bound to be his friend, yet so great was my affection for him, that no amount of injury was capable of making it run dry. The result is that those Archilochian edicts of Bibulus against him are so popular, that one can't get past the place where they are put up for the crowd of readers, and so deeply annoying to himself that he is pining with vexation. To me, by Hercules, they are distressing, both because they give excessive pain to a man whom I have always loved, and because I fear lest one so impulsive and so quick to strike, and so unaccustomed to personal abuse, may, in his passionate resentment, obey the dictates of indignation and anger. I don't know what is to be the end of Bibulus.
As things stand at present he is enjoying a wonderful reputation. For on his having postponed the _comitia_ to October, as that is a measure which is always against the popular feeling, Cæsar had imagined that the assembly could be induced by a speech of his to go to Bibulus's house; but after a long harangue full of seditious suggestions, he failed to extract a word from anyone. In short, they feel that they do not possess the cordial goodwill of any section: all the more must we fear some act of violence. Clodius is hostile to us. Pompey persists in asserting that he will do nothing against me. It is risky for me to believe that, and I am preparing myself to meet his attack. I hope to have the warmest feelings of all orders on my side. I have personally a longing for you, and circumstances also demand your presence at that time. I shall feel it a very great addition to my policy, to my courage, and, in a word, to my safety, if I see you in time. Varro does all I can expect. Pompey talks like an angel. I have hopes that I shall come off with flying colours, or at any rate without being molested. Be sure and tell me how you are, how you are amusing yourself, and what settlement you have come to with the Sicyonians.
XLVIII (A II, 22) TO ATTICUS (IN EPIRUS) ROME (JULY) How I wished you had stayed at Rome! I am sure you would have stayed if you had foreseen what was going to happen. For then we should have had no difficulty in keeping "Pulchellus" in order, or at least should have known what he was going to do. As things are, he darts about, talks like a madman, never sticks to anything: threatens now this one and now that: seems likely, in reality, to do whatever turns up. When he sees how unpopular the present state of things is, he seems to intend an attack upon the authors of it; but when he again recalls their power and armies, he transfers his hostility to the loyalists. Me personally he threatens at one time with violence, at another with impeachment. With him Pompey has remonstrated, and, as he tells me himself--for I have no other evidence--has urgently remonstrated, pointing out that he would himself lie under the extreme imputation of perfidy and unprincipled conduct, if any danger to me were created by the man whom he had himself armed by acquiescing in his becoming a plebeian: that both he and Appius[268] had pledged themselves in regard to me: if Clodius did not respect that, he should shew such annoyance that everyone would understand that he valued my friendship above everything. Having said this and much else to the same effect, he told me that the fellow at first argued against it at great length and for a long time, but eventually gave way and declared that he would do nothing against his wishes. Nevertheless, he has not ceased since then speaking of me with the greatest bitterness. But even if he had not done so, I should have felt no confidence in him, but should have been making every preparation, as in fact I am doing. As it is, I am so conducting myself that every day the affections of people towards me and the strength of my position are enhanced. I don't touch politics in any shape or way; I employ myself with the greatest assiduity in pleading causes and in my regular forensic business.[269] And this I feel is extremely gratifying, not only to those who enjoy my services, but also to the people generally. My house is crowded; I am met by processions; the memory of my consulship is renewed; men's feelings are clearly shewn: my hopes are so raised, that the struggle hanging over me seems at times one from which I need not shrink. Now is the time that I need your advice, your love and fidelity. Wherefore come post haste! Everything will be easy for me if I have you. I can carry on many negotiations through our friend Varro, which will be on firmer ground with you to back them up; a great deal can be elicited from Publius himself, and be brought to my knowledge, which cannot possibly be kept concealed from you; a great deal also--but it is absurd to enumerate particulars, when I want you for everything. I would like you to be convinced of this above all, that everything will be simplified for me if I see you: but it all turns on this coming to pass _before_ he enters on his office. I think that if you are here while Crassus is egging on Pompey--as you can get out of Clodius himself, by the agency of "Iuno,"[270] how far they are acting in good faith--we shall escape molestation, or at any rate not be left under a delusion. You don't stand in need of entreaties or urgency from me. You understand what my wish is, and what the hour and the importance of the business demand. As to politics, I can tell you nothing except that everybody entertains the greatest detestation for those who are masters of everything. There is, however, no hope of a change. But, as you easily understand, Pompey himself is discontented and extremely dissatisfied with himself. I don't see clearly what issue to expect: but certainly such a state of affairs seems likely to lead to an outbreak of some sort. Alexander's books[271]--a careless writer and a poor poet, and yet not without some useful information--I have sent back to you. I have had pleasure in admitting Numerius Numestius to my friendship, and I find him a man of character and good sense, worthy of your recommendation.
[Footnote 268: Appius Claudius Pulcher, elder brother of P. Clodius.]
[Footnote 269: The speeches known to us of this year are those for his colleague, C. Antonius, A. Thermus, and L. Flaccus. The two former are lost, but we know from his own account that he had not avoided touching on politics in the speech for Antonius, but had so offended Pompey and Cæsar that they at once carried out the adoption of Clodius (_de Domo_, § 41).]
[Footnote 270: Βοῶπις, _i.e._, Clodia. See Letters XXXV, XL. _Crasso urgente_ is difficult. Cicero must mean that while Crassus (whom he always regards as hostile to himself) is influencing Pompey, he cannot trust what Pompey says, and must look for real information elsewhere.]
[Footnote 271: Alexander of Ephesus. See Letter XLVI, p. 115.]
XLIX (A II, 23) TO ATTICUS (IN EPIRUS) ROME (JULY OR AUGUST) I don't think you have ever before read a letter of mine not written by my own hand. You will be able to gather from that how I am distracted with business. For as I had not a moment to spare and was obliged to take a walk in order to refresh my poor voice, I have dictated this while walking. The first thing, then, which I wish you to know is that our friend "Sampsiceramus" is exceedingly dissatisfied with his position, and desires to be restored to the place from which he has fallen; that he confides his annoyance to me, and is without disguise seeking for a remedy--which I don't think can be found. The second thing is that all on that side, whether promoters or mere hangers-on, are falling out of fashion, though no one opposes them: there never was a greater unanimity of feeling or talk everywhere. For myself (for I am sure you wish to know it) I take part in no political deliberations, and have devoted myself entirely to my forensic business and work. Thereby, as may easily be understood, I have frequent occasion to refer to my past achievements and to express my regret. But the brother of our "Iuno" is giving utterance to all kinds of alarming threats, and, while disclaiming them to "Sampsiceramus," makes an open avowal and parade of them to others. Wherefore, loving me as much as I know you do, if you are asleep, wake up; if you are standing, start walking; if you are walking, set off running; if you are running, take wings and fly. You can scarcely believe how much I confide in your advice and wisdom, and above all in your affection and fidelity. The importance of the interests involved perhaps demands a long disquisition, but the close union of our hearts is contented with brevity. It is of very great importance to me that, if you can't be at Rome at the elections, you should at least be here after his election is declared.[272] Take care of your health.
[Footnote 272: _I.e._, between the time of his election and of his entering on his office. The tribunes entered on their office on the 10th of December; the elections usually took place in July, but were postponed till October this year by Bibulus. See Letter XLVI, p. 115.]
L (A II, 24) TO ATTICUS (IN EPIRUS) ROME (JULY OR AUGUST) In the letter which I delivered to Numestius I begged you to come back, in the most urgent and vehement terms it was possible to use. To the speed which I then enjoined even add something if you possibly can. And yet do not be agitated, for I know you well, and am not ignorant of "how love is all compact of thought and fear." But the matter, I hope, is going to be less formidable in the end than it was at its beginning.
That fellow Vettius, our old informer, promised Cæsar, as far as I can make out, that he would secure young Curio being brought under some suspicion of guilt. Accordingly, he wormed his way into intimacy with the young man, and having, as is proved, often met him, at last went the length of telling him that he had resolved by the help of his slaves to make an attack upon Pompey and assassinate him. Curio reported this to his father, the latter to Pompey. The matter was reported to the senate.
Vettius, on being brought in, at first denied that he had ever had any appointment with Curio. However, he did not long stick to that, but immediately claimed the protection of the state as giving information.
There was a shout of "no" to this;[273] but he went on to state that there had been a confederacy of young men under the leadership of Curio, to which Paullus had at first belonged, and Q. Cæpio (I mean Brutus[274]) and Lentulus, son of the flamen, with the privity of his father: that afterwards C. Septimius, secretary to Bibulus, had brought him a dagger from Bibulus. That made the whole thing ridiculous, as though Vettius would have been at a loss for a dagger unless the consul had given him one; and it was all the more scouted because on the 5th of May Bibulus had told Pompey to be on his guard against plots; on which occasion Pompey had thanked him. Young Curio, being brought into the senate, spoke in answer to the allegations of Vettius; and on this particular occasion the strongest thing against Vettius was his having said that the plan of the young men was to attack Pompey in the forum, with the help of Gabinius's gladiators,[275] and that in this the ring-leader was Paullus, who was ascertained to have been in Macedonia at that time. A decree of the senate is passed that "Vettius, having confessed to having 'worn a dagger,'[276] should be cast into prison; that anyone releasing him would be guilty of treason to the state." The opinion generally held is that the whole affair had been arranged.
Vettius was to be caught in the forum with a dagger, and his slaves also with weapons, and he was then to offer to lay an information; and this would have been carried out, had not the Curios given Pompey previous information. Presently the decree of the senate was read in public assembly. Next day, however, Cæsar--the man who formerly as prætor had bidden Q. Catulus[277] speak on the ground below--now brought Vettius on to the rostra, and placed him on an elevation to which Bibulus, though consul, was prevented from aspiring. Here that fellow said exactly what he chose about public affairs, and, having come there primed and instructed, first struck Cæpio's name out of his speech, though he had named him most emphatically in the senate, so that it was easy to see that a night and a nocturnal intercession[278] had intervened: next he named certain men on whom he had not cast even the slightest suspicion in the senate: L. Lucullus, by whom he said that C. Fannius was usually sent to him--the man who on a former occasion had backed a prosecution of Clodius; L. Domitius, whose house had been agreed on as the headquarters of the conspirators. Me he did not _name_, but he said that "an eloquent consular, who lived near the consul, had said to him that there was need of some Servilius Ahala or Brutus being found."[279] He added at the very end, on being recalled by Vatinius after the assembly had been dismissed, that he had been told by Curio that my son-in-law Piso was privy to these proceedings, as M. Laterensis also. At present Vettius is on trial for "violence" before Crassus Dives,[280] and when condemned he intends to claim the impunity of an informer; and if he obtains that, there seem likely to be some prosecutions. I don't despise the danger, for I never despise any danger, but neither do I much fear it. People indeed shew very great affection for me, but I am quite tired of life: such a scene of misery is it all. It was only the other day that we were fearing a massacre, which the speech of that gallant old man Q. Considius prevented:[281] now this one, which we might have feared any day, has suddenly turned up. In short, nothing can be more unfortunate than I, or more fortunate than Catulus, both in the splendour of his life and in the time of his death. However, in the midst of these miseries I keep my spirit erect and undismayed, and maintain my position in a most dignified manner and with great caution.
Pompey bids me have no anxiety about Clodius, and shews the most cordial goodwill to me in everything he says. I desire to have you to suggest my policy, to be the partner in my anxieties, and to share my every thought. Therefore I have commissioned Numestius to urge you, and I now entreat you with the same or, if possible, greater earnestness, to literally fly to us. I shall breathe again when I once see you.
[Footnote 273: _Reclamatum est._ The MSS. have _haud reclamatum est_, "it was not refused."]
[Footnote 274: Marcus Iunius Brutus, the future assassin of Cæsar, adopted by his uncle, Q. Servilius Cæpio. The father of Lentulus was Paullus, consul B.C. 50.]
[Footnote 275: _Cum gladiatoribus._ Others omit _cum_, in which case the meaning will be "at the gladiatorial shows of Gabinius." As some _date_ is wanted, this is probably right.]
[Footnote 276: Under the _lex de sicariis_ of Sulla carrying a weapon with felonious intent was a capital crime, for which a man was tried [Footnote 277: Q. Lutatius Catulus, who died in the previous year, B.C.
60, had been a keen opponent of Cæsar, who tried to deprive him of the honour of dedicating the restored Capitoline temple, and beat him in the election of Pontifex Maximus.]
[Footnote 278: Servilia, mother of Brutus, was reported to be Cæsar's mistress. As Cicero is insinuating that the whole affair was got up by Cæsar to irritate Pompey with the _boni_, this allusion will be understood.]
[Footnote 279: If Vettius did say this, he at any rate successfully imitated Cicero's manner. These names are always in his mouth. See 2 of Vettius, see Appendix B.]
[Footnote 280: Probably a prætor, not the triumvir.]
[Footnote 281: Q. Considius Gallus, who, according to Plutarch (_Cæs._ 13), said in the senate that the attendance of senators was small because they feared a massacre. "What made you come, then?" said Cæsar.
"My age," he replied; "I have little left to lose."]
LI (A II, 25) TO ATTICUS (IN EPIRUS) ROME (JULY OR AUGUST) When I have praised any one of your friends to you I should like you tell him that I have done so. For instance, you know I lately wrote to you about Varro's kindness to me, and that you wrote me back word that the circumstance gave you the greatest delight. But I should have preferred your writing to him and saying that he was doing all I could expect--not because he was, but in order that he might do so. For he is a man of astonishing whims, as you know, "tortuous and no wise----."[282] But I stick to the rule "Follies of those in power," etc.[283] But, by Hercules, that other friend of yours, Hortalus--with what a liberal hand, with what candour, and in what ornate language has he praised me to the skies, when speaking of the prætorship of Flaccus and that incident of the Allobroges.[284] I assure you nothing could have been more affectionate, complimentary, or more lavishly expressed.
I very much wish that you would write and tell him that I sent you word of it. Yet why write? I think you are on your way and are all but here.
For I have urged you so strongly to come in my previous letters. I am expecting you with great impatience, longing for you very much; nor do I call for you more than circumstances themselves and the state of the times. Nothing can be more desperate than the position of politics, nothing more unpopular than the authors of it, I--as I think, hope, and imagine--am safe behind a rampart of goodwill of the strongest kind.
Wherefore fly to me: you will either relieve me from all annoyance or will share it. My letter is all the shorter because, as I hope, I shall be able in a very short time to talk over what I want to say face to face. Take care of your health.
[Footnote 282: ἑλικτὰ κοὐδὲν ὑγιὲς ἀλλὰ πᾶν πέριξ φρονοῦντες.
Eur. _Androm._ 448.
"With tortuous thoughts, naught honest, winding all."
] [Footnote 283: τὰς τῶν κρατούντων ἀμαθίας φέρειν χρεών.
Eur. _Phœn._ 393.
"Follies of those in power we needs must bear."
] [Footnote 284: L. Valerius Flaccus, as prætor in B.C. 63, had assisted Cicero in the Catiline conspiracy. He was now being tried for embezzlement in Asia, and was defended by the famous Q. Hortensius (Hortalus) and Cicero--the only extant speech of this year.]
LII (Q FR I, 2) TO HIS BROTHER QUINTUS (IN ASIA) ROME, 26 OCTOBER Statius arrived at my house on the 25th October. His arrival gave me uneasiness, because you said in your letter that you would be plundered by your household in his absence. However, I thought it a very happy circumstance that he anticipated the expectation of his arrival, and the company that would have assembled to meet him, if he had left the province with you, and had not appeared before. For people have exhausted their remarks, and many observations have been made and done with of the "Nay, but I looked for a mighty man"[285] kind, which I am glad to have all over before you come. But as for the motive for your sending him--that he might clear himself with me--that was not at all necessary. For, to begin with, I had never suspected him, nor in what I wrote to you about him was I expressing my own judgment; but since the interest and safety of all of us who take part in public business depends, not on truth alone, but on report also, I wrote you word of what people were saying, not what I thought myself. How prevalent and how formidable that talk was Statius ascertained himself on his arrival.
For he was present when certain persons at my house gave vent to some complaints on that very subject, and had the opportunity of perceiving that the observations of the malevolent were being directed at himself especially. But it used to annoy me most when I was told that he had greater influence with you, than your sober time of life and the wisdom of a governor required. How many people, do you suppose, have solicited me to give them a letter of introduction to Statius? How often, do you suppose, has he himself, while talking without reserve to me, made such observations as, "I never approved of that," "I told him so," "I tried to persuade him," "I warned him not to"? And even if these things shew the highest fidelity, as I believe they do, since that is your judgment, yet the mere appearance of a freedman or slave enjoying such influence cannot but lower your dignity: and the long and short of it is--for I am in duty bound not to say anything without good grounds, nor to keep back anything from motives of policy--that Statius has supplied all the material for the gossip of those who wished to decry you; that formerly all that could be made out was that certain persons were angry at your strictness; but that after his manumission the angry had something to talk about.
Now I will answer the letters delivered to me by L. Cæsius, whom, as I see you wish it, I will serve in every way I can. One of them is about Zeuxis of Blaundus, whom you say was warmly recommended to you by me though a most notorious matricide. In this matter, and on this subject generally, please listen to a short statement, lest you should by chance be surprised at my having become so conciliatory towards Greeks. Seeing, as I did, that the complaints of Greeks, because they have a genius for deceit, were allowed an excessive weight, whenever I was told of any of them making complaint of you, I appeased them by every means in my power. First, I pacified the Dionysopolitans, who were very bitter: whose chief man, Hermippus, I secured not only by my conversation, but by treating him as a friend. I did the same to Hephæstus of Apameia; the same to that most untrustworthy fellow, Megaristus of Antandrus; the same to Nicias of Smyrna; I also embraced with all the courtesy I possessed the most trumpery of men, even Nymphôn of Colophôn. And all this I did from no liking for these particular people, or the nation as a whole: I was heartily sick of their fickleness and obsequiousness, of feelings that are not affected by our kindness, but by our position.
But to return to Zeuxis. When he was telling me the same story as you mention in your letter about what M. Cascellius had said to him in conversation, I stopped him from farther talk, and admitted him to my society. I cannot, however, understand your virulence when you say that, having sewn up in the parricide's-sack two Mysians at Smyrna, you desired to display a similar example of your severity in the upper part of your province, and that, therefore, you had wished to inveigle Zeuxis into your hands by every possible means. For if he had been brought into court, he ought perhaps not to have been allowed to escape: but there was no necessity for his being hunted out and inveigled by soft words to stand a trial, as you say in your letter--especially as he is one whom I learn daily, both from his fellow citizens and from many others, to be a man of higher character than you would expect from such an obscure town as his.[286] But, you will say, it is only Greeks to whom I am indulgent. What! did not I do everything to appease L. Cæcilius? What a man! how irritable! how violent! In fact, who is there except Tuscenius,[287] whose case admitted of no cure, have I not softened? See again, I have now on my hands a shifty, mean fellow, though of equestrian rank, called Catienus: even he is going to be smoothed down.
I don't blame you for having been somewhat harsh to his father, for I am quite sure you have acted with good reason: but what need was there of a letter of the sort which you sent to the man himself? "That the man was rearing the cross for himself from which you had already pulled him off once; that you would take care to have him smoked to death, and would be applauded by the whole province for it." Again, to a man named C.
Fabius--for that letter also T. Catienus is handing round--"that you were told that the kidnapper Licinius, with his young kite of a son, was collecting taxes." And then you go on to ask Fabius to burn both father and son alive if he can; if not, to send them to you, that they may be burnt to death by legal sentence. That letter sent by you in jest to C.
Fabius, if it really is from you, exhibits to ordinary readers a violence of language very injurious to you. Now, if you will refer to the exhortations in all my letters, you will perceive that I have never found fault with you for anything except harshness and sharpness of temper, and occasionally, though rarely, for want of caution in the letters you write. In which particulars, indeed, if my influence had had greater weight with you than a somewhat excessive quickness of disposition, or a certain enjoyment in indulging temper, or a faculty for epigram and a sense of humour, we should certainly have had no cause for dissatisfaction. And don't you suppose that I feel no common vexation when I am told how Vergilius is esteemed, and your neighbour C. Octavius?[288] For if you only excel your neighbours farther up country, in Cilicia and Syria, that is a pretty thing to boast of! And that is just the sting of the matter, that though the men I have named are not more blameless than yourself, they yet outdo you in the art of winning favour, though they know nothing of Xenophon's Cyrus or Agesilaus; from which kings, in the exercise of their great office, no one ever heard an irritable word. But in giving you this advice, as I have from the first, I am well aware how much good I have done.[289] Now, however, as you are about to quit your province, pray do leave behind you--as I think you are now doing--as pleasant a memory as possible. You have a successor of very mild manners; in other respects, on his arrival, you will be much missed. In sending letters of requisition, as I have often told you, you have allowed yourself to be too easily persuaded. Destroy, if you can, all such as are inequitable, or contrary to usage, or contradictory to others. Statius told me that they were usually put before you ready written, read by himself, and that, if they were inequitable, he informed you of the fact: but that before he entered your service there had been no sifting of letters; that the result was that there were volumes containing a selection of letters, which were usually adversely criticised.[290] On this subject I am not going to give you any advice at this time of day, for it is too late; and you cannot but be aware that I have often warned you in various ways and with precision. But I have, on a hint from Theopompus, intrusted him with this message to you: do see by means of persons attached to you, which you will find no difficulty in doing, that the following classes of letters are destroyed--first, those that are inequitable; next, those that are contradictory; then those expressed in an eccentric or unusual manner; and lastly, those that contain reflexions on anyone. I don't believe all I hear about these matters, and if, in the multiplicity of your engagements, you have let certain things escape you, now is the time to look into them and weed them out.
I have read a letter said to have been written by your nomenclator Sulla himself, which I cannot approve: I have read some written in an angry spirit. But the subject of letters comes in pat: for while this sheet of paper was actually in my hands, L. Flavius, prætor-designate and a very intimate friend, came to see me. He told me that you had sent a letter to his agents, which seemed to me most inequitable, prohibiting them from taking anything from the estate of the late L. Octavius Naso, whose heir L. Flavius is, until they had paid a sum of money to C. Fundanius; and that you had sent a similar letter to the Apollonidenses, not to allow any payment on account of the estate of the late Octavius till the debt to Fundanius had been discharged. It seems to me hardly likely that you have done this; for it is quite unlike your usual good sense. The heir not to take anything? What if he disowns the debt? What if he doesn't owe it at all? Moreover, is the prætor wont to decide whether a debt is due?[291] Don't I, again, wish well to Fundanius? Am I not his friend? Am I not touched with compassion? No one more so: but in certain matters the course of law is so clear as to leave no place for personal feeling. And Flavius told me that expressions were used in the letter, which he said was yours, to the effect that you would "either thank them as friends, or make yourself disagreeable to them as enemies." In short, he was much annoyed, complained of it to me in strong terms, and begged me to write to you as seriously as I could. This I am doing, and I do strongly urge you again and again to withdraw your injunction to Flavius's agents about taking money from the estate, and not to lay any farther injunction on the Apollonidenses contrary to the rights of Flavius. Pray do everything you can for the sake of Flavius and, indeed, of Pompey also. I would not, upon my honour, have you think me liberal to him at the expense of any inequitable decision on your part: but I do entreat you to leave behind you some authority, and some memorandum of a decree or of a letter under your hand, so framed as to support the interests and cause of Flavius. For the man, who is at once very attentive to me, and tenacious of his own rights and dignity, is feeling extremely hurt that he has not prevailed with you either on the grounds of personal friendship or of legal right; and, to the best of my belief, both Pompey and Cæsar have, at one time or another, commended the interests of Flavius to you, and Flavius has written to you personally, and certainly I have. Wherefore, if there is anything which you think you ought to do at my request, let it be this. If you love me, take every care, take every trouble, and insure Flavius's cordial thanks both to yourself and myself. I cannot use greater earnestness in making any request than I use in this.
As to what you say about Hermias, it has been in truth a cause of much vexation to me. I wrote you a letter in a rather unbrotherly spirit, which I dashed off in a fit of anger and now wish to recall, having been irritated by what Lucullus's freedman told me, immediately after hearing of the bargain. For this letter, which was not expressed in a brotherly way, you ought to have brotherly feeling enough to make allowance. As to Censorinus, Antonius, the Cassii, Scævola--I am delighted to hear from you that you possess their friendship. The other contents of that same letter of yours were expressed more strongly than I could have wished, such as your "with my ship at least well trimmed"[292] and your "die once for all."[293] You will find those expressions to be unnecessarily strong. My scoldings have always been very full of affection. They mention certain things for complaint,[294] but these are not important, or rather, are quite insignificant. For my part, I should never have thought you deserving of the least blame in any respect, considering the extreme purity of your conduct, had it not been that our enemies are numerous. Whatever I have written to you in a tone of remonstrance or reproach I have written from a vigilant caution, which I maintain, and shall maintain; and I shall not cease imploring you to do the same.
Attalus of Hypæpa has begged me to intercede with you that you should not prevent his getting the money paid which has been decreed for a statue of Q. Publicius. In which matter I both ask as a favour and urge as a duty, that you should not consent to allow the honour of a man of his character, and so close a friend of mine, to be lowered or hindered