him more than I do. And oh that he had been with me these last few days at Arpinum, as he had himself set his heart on being, and as I had no less done! As to Pomponia, please write and say that, when I go out of town anywhere, she is to come with me and bring the boy. I'll do wonders with him, if I get him to myself when I am at leisure: for at Rome there is no time to breathe. You know I formerly promised to do so for nothing. What do you expect with such a reward as you promise me? I now come to your letters which I received in several packets when I was at Arpinum. For I received three from you in one day, and, indeed, as it seemed, despatched by you at the same time--one of considerable length, in which your first point was that my letter to you was dated earlier than that to Cæsar. Oppius at times cannot help this: the reason is that, having settled to send letter-carriers, and having received a letter from me, he is hindered by something turning up, and obliged to despatch them later than he had intended; and I don't take the trouble to have the day altered on a letter which I have once handed to him. You write about Cæsar's extreme affection for us. This affection you must on your part keep warm, and I for mine will endeavour to increase it by every means in my power. About Pompey, I am carefully acting, and shall continue to act, as you advise. That my permission to you to stay longer is a welcome one, though I grieve at your absence and miss you exceedingly, I am yet partly glad. What you can be thinking of in sending for such people as Hippodamus and some others, I do not understand. There is not one of those fellows that won't expect a present from you equal to a suburban estate. However, there is no reason for your classing my friend Trebatius with them. I sent him to Cæsar, and Cæsar has done all I expected. If he has not done quite what _he_ expected himself, I am not bound to make it up to him, and I in like manner free and absolve you from all claims on his part. Your remark, that you are a greater favourite with Cæsar every day, is a source of undying satisfaction to me. As to Balbus, who, as you say, promotes that state of things, he is the apple of my eye. I am indeed glad that you and my friend Trebonius like each other. As to what you say about the military tribuneship, I, indeed, asked for it definitely for Curtius, and Cæsar wrote back definitely to say that there was one at Curtius's service, and chided me for my modesty in making the request. If I have asked one for anyone else--as I told Oppius to write and tell Cæsar--I shall not be at all annoyed by a refusal, since those who pester me for letters _are_ annoyed at a refusal from me. I like Curtius, as I have told him, not only because you asked me to do so, but from the character you gave of him; for from your letter I have gathered the zeal he shewed for my restoration. As for the British expedition, I conclude from your letter that we have no occasion either for fear or exultation.
As to public affairs, about which you wish Tiro to write to you, I have written to you hitherto somewhat more carelessly than usual, because I knew that all events, small or great, were reported to Cæsar. I have now answered your longest letter.
Now hear what I have to say to your small one. The first point is about Clodius's letter to Cæsar. In that matter I approve of Cæsar's policy, in not having given way to your request so far as to write a single word to that Fury. The next thing is about the speech of Calventius "Marius."[622] I am surprised at your saying that you think I ought to answer it, particularly as, while no one is likely to read that speech, unless I write an answer to it, every schoolboy learns mine against him as an exercise. My books, all of which you are expecting, I have begun, but I cannot finish them for some days yet. The speeches for Scaurus and Plancius which you clamour for I have finished. The poem to Cæsar, which I had begun, I have cut short. I will write what you ask me for, since your poetic springs are running dry, as soon as I have time.
Now for the third letter. It is very pleasant and welcome news to hear from you that Balbus is soon coming to Rome, and so well accompanied![623] and will stay with me continuously till the 15th of May. As to your exhorting me in the same letter, as in many previous ones, to ambition and labour, I shall, of course, do as you say: but when am I to enjoy any real life?
Your fourth letter reached me on the 13th of September, dated on the 10th of August from Britain. In it there was nothing new except about your _Erigona_, and if I get that from Oppius I will write and tell you what I think of it. I have no doubt I shall like it.[624] Oh yes! I had almost forgotten to remark as to the man who, you say in your letter, had written to Cæsar about the applause given to Milo--I am not unwilling that Cæsar should think that it was as warm as possible. And in point of fact it was so, and yet that applause, which is given to him, seems in a certain sense to be given to me.[625] I have also received a very old letter, but which was late in coming into my hands, in which you remind me about the temple of Tellus and the colonnade of Catulus. Both of these matters are being actively carried out. At the temple of Tellus I have even got your statue placed. So, again, as to your reminder about a suburban villa and gardens, I was never very keen for one, and now my town house has all the charm of such a pleasure-ground. On my arrival in Rome on the 18th of September I found the roof on your house finished: the part over the sitting-rooms, which you did not wish to have many gables, now slopes gracefully towards the roof of the lower colonnade. Our boy, in my absence, did not cease working with his rhetoric master. You have no reason for being anxious about his education, for you know his ability, and I see his application. Everything else I take it upon myself to guarantee, with full consciousness that I am bound to make it good.
As yet there are three parties prosecuting Gabinius: first, L. Lentulus, son of the _flamen_, who has entered a prosecution for _lèse majesté_;[626] secondly, Tib. Nero, with good names at the back of his indictment; thirdly, C. Memmius the tribune in conjunction with L.
Capito. He came to the walls of the city on the 19th of September, undignified and neglected to the last degree. But in the present state of the law courts I do not venture to be confident of anything. As Cato is unwell, he has not yet been formally indicted for extortion. Pompey is trying hard to persuade me to be reconciled to him, but as yet he has not succeeded at all, nor, if I retain a shred of liberty, will he succeed. I am very anxious for a letter from you. You say that you have been told that I was a party to the coalition of the consular candidates--it is a lie. The compacts made in that coalition, afterwards made public by Memmius, were of such a nature that no loyal man ought to have been a party to them;[627] nor at the same time was it possible for me to be a party to a coalition from which Messalla was excluded, who is thoroughly satisfied with my conduct in every particular, as also, I think, is Memmius. To Domitius himself I have rendered many services, which he desired and asked of me. I have put Scaurus under a heavy obligation by my defence of him. It is as yet very uncertain both when the elections will be and who will be consuls.
Just as I was folding up this epistle letter-carriers arrived from you and Cæsar (20th September) after a journey of twenty days. How anxious I was! How painfully I was affected by Cæsar's most kind letter![628] But the kinder it was, the more sorrow did his loss occasion me. But to turn to your letter. To begin with, I reiterate my approval of your staying on, especially as, according to your account, you have consulted Cæsar on the subject. I wonder that Oppius has anything to do with Publius, for I advised against it. Farther on in your letter you say that I am going to be made _legatus_ to Pompey on the 13th of September: I have heard nothing about it, and I wrote to Cæsar to tell him that neither Vibullius nor Oppius had delivered his message to Pompey about my remaining at home. Why, I know not. However, it was I who restrained Oppius from doing so, because it was Vibullius who should take the leading part in that matter: for with him Cæsar had communicated personally, with Oppius only by letter. I indeed can have no "second thoughts"[629] in matters connected with Cæsar. He comes next after you and our children in my regard, and not much after. I think I act in this with deliberate judgment, for I have by this time good cause for it, yet warm personal feeling no doubt does influence me also.
Just as I had written these last words--which are by my own hand--your boy came in to dine with me, as Pomponia was dining out. He gave me your letter to read, which he had received shortly before--a truly Aristophanic mixture of jest and earnest, with which I was greatly charmed.[630] He gave me also your second letter, in which you bid him cling to my side as a mentor. How delighted he was with those letters!
And so was I. Nothing could be more attractive than that boy, nothing more affectionate to me!--This, to explain its being in another handwriting, I dictated to Tiro while at dinner.
Your letter gratified Annalis very much, as shewing that you took an active interest in his concerns, and yet assisted him with exceedingly candid advice. Publius Servilius the elder, from a letter which he said he had received from Cæsar, declares himself highly obliged to you for having spoken with the greatest kindness and earnestness of his devotion to Cæsar. After my return to Rome from Arpinum I was told that Hippodamus had started to join you. I cannot say that I was surprised at his having acted so discourteously as to start to join you without a letter from me: I only say this, that I was annoyed. For I had long resolved, from an expression in your letter, that if I had anything I wished conveyed to you with more than usual care, I should give it to him: for, in truth, into a letter like this, which I send you in an ordinary way, I usually put nothing that, if it fell into certain hands, might be a source of annoyance. I reserve myself for Minucius and Salvius and Labeo. Labeo will either be starting late or will stay here altogether. Hippodamus did not even ask me whether he could do anything for me. T. Penarius sends me a kind letter about you: says that he is exceedingly charmed with your literary pursuits, conversation, and above all by your dinners. He was always a favourite of mine, and I see a good deal of his brother. Wherefore continue, as you have begun, to admit the young man to your intimacy.
From the fact of this letter having been in hand during many days, owing to the delay of the letter-carriers, I have jotted down in it many various things at odd times, as, for instance, the following. Titus Anicius has mentioned to me more than once that he would not hesitate to buy a suburban property for you, if he found one. In these remarks of his I find two things surprising: first, that when you write to him about buying a suburban property, you not only don't write to me to that effect, but write even in a contrary sense; and, secondly, that in writing to him you totally forget his letters which you shewed me at Tusculum, and as totally the rule of Epicharmus, "Notice how he has treated another":[631] in fact, that you have quite forgotten, as I think, the lesson conveyed by the expression of his face, his conversation, and his spirit. But this is your concern. As to a suburban property, be sure to let me know your wishes, and at the same time take care that that fellow doesn't get you into trouble. What else have I to say? Anything? Yes, there is this: Gabinius entered the city by night on the 27th of September, and to-day, at two o'clock, when he ought to have appeared on his trial for _lèse majesté_, in accordance with the edict of C. Alfius, he was all but crushed to the earth by a great and unanimous demonstration of the popular hatred. Nothing could exceed his humiliating position. However, Piso comes next to him. So I think of introducing a marvellous episode into my second book[632]--Apollo declaring in the council of the gods what sort of return that of the two commanders was to be, one of whom had lost, and the other sold his army.
From Britain I have a letter of Cæsar's dated the 1st of September, which reached me on the 27th, satisfactory enough as far as the British expedition is concerned, in which, to prevent my wondering at not getting one from you, he tells me that you were not with him when he reached the coast. To that letter I made no reply, not even a formal congratulation, on account of his mourning. Many, many wishes, dear brother, for your health.
[Footnote 620: That is, to get them seats at the games. See Letter XXVI, p. 63.]
[Footnote 621: The _porticus_ is a kind of cloister round the [Footnote 622: Calventius is said to stand for L. Calpurnius Piso Cæsoninus, the consul of B.C. 58, against whom Cicero's speech was spoken in B.C. 55 in the senate. He calls him Calventius from his maternal grandfather, and Marius because--as he had said, in the speech, § 20--he had himself gone into exile rather than come to open fight with him; just as Q. Metellus had done in B.C. 100, when, declining to take the oath to the agrarian law of Saturninus, rather than fight Marius, who had taken the oath, he went into exile. This seems rather a roundabout explanation; but no better has been proposed, and, of course, Quintus, who had lately read the speech, would be able better to understand the allusion.]
[Footnote 623: _I.e._, with money.]
[Footnote 624: This tragedy of Quintus's never reached Cicero. It was lost in transit. Perhaps no great loss.]
[Footnote 625: Milo was ædile and had just given some splendid games.]
[Footnote 626: _Maiestas._ He would be liable to this charge, under a law of Sulla's, for having left his province to interfere in Egypt.]
[Footnote 628: Apparently referring to the death of his daughter Iulia.]
[Footnote 629: δευτέρας φροντίδας from Eurip. _Hipp._ 436, αἱ δευτέραι πως φροντίδες σοφωτέραι.]
[Footnote 630: Or, "as kindly and critical at once as Aristophanes (of Byzantium)," as though Quintus had written a Caxtonian criticism of his son's style.]
[Footnote 631: γυῶθι πῶς ἄλλω κέχρηται.]
[Footnote 632: Of his poem "On his own Times." Piso in Macedonia, where he had been unsuccessful with border tribes: Gabinius in going to Egypt to support Ptolemy. He left many of his soldiers there.]
CXLVIII (A IV, 17 AND PARTS OF 16) TO ATTICUS (ABROAD) ROME, 1 OCTOBER You think I imagine that I write more rarely to you than I used to do from having forgotten my regular habit and purpose, but the fact is that, perceiving your locality and journeys to be equally uncertain, I have never intrusted a letter to anyone--either for Epirus, or Athens, or Asia, or anywhere else--unless he was going expressly to you. For my letters are not of the sort to make their non-delivery a matter of indifference; they contain so many confidential secrets that I do not as a rule trust them even to an amanuensis, for fear of some jest leaking out in some direction or another.
The consuls are in a blaze of infamy because Gaius Memmius, one of the candidates, read out in the senate a compact which he and his fellow candidate, Domitius Calvinus, had made with the consuls--that both were to forfeit to the consuls 40 sestertia apiece (in case they were themselves elected consuls), if they did not produce three augurs to depose that they had been present at the passing of a _lex curiata_, which, in fact, had not been passed; and two consulars to depose to having helped to draft a decree for furnishing the consular provinces, though there had not even been a meeting of the senate at all.[633] As this compact was alleged not to have been a mere verbal one, but to have been drawn up with the sums to be paid duly entered, formal orders for payment, and written attestations of many persons, it was, on the suggestion of Pompey, produced by Memmius, but with the names obliterated. It has made no difference to Appius--he had no character to lose! To the other consul it was a real knock-down blow, and he is, I assure you, a ruined man. Memmius, however, having thus dissolved the coalition, has lost all chance of election, and is by this time in a worse position than ever, because we are now informed that his revelation is strongly disapproved of by Cæsar. Our friend Messalla and his fellow candidate, Domitius Calvinus, have been very liberal to the people. Nothing can exceed their popularity. They are certain to be consuls. But the senate has passed a decree that a "trial with closed doors" should be held before the elections in respect to each of the candidates severally by the panels already allotted to them all. The candidates are in a great fright. But certain jurors--among them Opimius, Veiento, and Rantius--appealed to the tribunes to prevent their being called upon to act as jurors without an order of the people[634].
The business goes on. The _comitia_ are postponed by a decree of the senate till such time as the law for the "trial with closed doors" is carried. The day for passing the law arrived. Terentius vetoed it. The consuls, having all along conducted this business in a half-hearted kind of way, referred the matter back to the senate. Hereupon--Bedlam! my voice being heard with the rest. "Aren't you wise enough to keep quiet, after all?" you will say. Forgive me: I can hardly restrain myself. But, nevertheless, was there ever such a farce? The senate had voted that the elections should not be held till the law was passed: that, in case of a tribunician veto, the whole question should be referred to them afresh.
The law is introduced in a perfunctory manner: is vetoed, to the great relief of the proposers: the matter is referred to the senate. Upon that the senate voted that it was for the interest of the state that the elections should be held at the earliest possible time!
Scaurus, who had been acquitted a few days before,[635] after a most elaborate speech from me on his behalf--when all the days up to the 29th of September (on which I write this) had one after the other been rendered impossible for the _comitia_ by notices of ill omens put in by Scævola--paid the people what they expected at his own house, tribe by tribe. But all the same, though his liberality was more generous, it was not so acceptable as that of the two mentioned above, who had got the start of him. I could have wished to see your face when you read this;[636] for I am certain you entertain some hope that these transactions will occupy a great many weeks! But there is to be a meeting of the senate to-day, that is, the 1st of October--for day is already breaking. There no one will speak his mind except Antius and Favonius,[637] for Cato is ill. Don't be afraid about me: nevertheless, I make no promises. Is there anything else you want to know? Anything?
Yes, the trials, I think. Drusus and Scaurus[638] are believed not to have been guilty. Three candidates are thought likely to be prosecuted: Domitius Calvinus by Memmius, Messalla by Q. Pompeius Rufus, Scaurus[639] by Triarius or by L. Cæsar. "What will you be able to say for them?" quoth you. May I die if I know! In those books[640] certainly, of which you speak so highly, I find no suggestion.
[Footnote 633: The object of the existing consuls in making such a bargain was to get to their provinces without difficulty, with _imperium_, which had to be bestowed by a formal meeting of the old _comitia curiata_. But that formality could be stopped by tribunes or other magistrates "watching the sky," or declaring evil omens: and just as these means were being resorted to to put off the elections, so they were also likely to be used in this matter. If it was thus put off into the next year, Domitius and Appius, not being any longer consuls, would have still greater difficulty. Corrupt as the arrangement was, it seems not to have come under any existing law, and both escaped punishment.
Appius went as proconsul to Cilicia, in spite of the _lex curiata_ not being passed, but Domitius Ahenobarbus seems not to have had a province.
The object of Domitius Calvinus and Memmius in making the compact was to secure their own election, which the existing consuls had many means of assisting, but it is not clear what Memmius's object in disclosing it was. Perhaps anger on finding his hopes gone, and an idea that anything that humiliated Ahenobarbus would be pleasing to Cæsar. He also seems to have quarrelled with Calvinus. Gaius Memmius Gemellus is not to be confounded with Gaius Memmius the tribune mentioned in the next letter.]
[Footnote 634: There is considerable uncertainty as to the exact nature of _iudicium tacitum_, here rendered "a trial with closed doors," on the analogy of the _senatus consultum tacitum_ described by Capitolinus, _in Gordian_. ch. xii. It is not, I think, mentioned elsewhere (_iudiciis tacitis_ of 2 _Off._ § 24, is a general expression for "anonymous expressions of opinion"), and the passage in Plutarch (_Cato min._ 44) introduces a new difficulty, for it indicates a court in which candidates _after_ election are to purge themselves. Again, _quæ erant omnibus sortita_ is very difficult. Cicero nowhere else, I believe, uses the passive _sortitus_. But, passing that, what are the _consilia_ meant? The tense and mood shew, I think, that the words are explanatory by the writer, not part of the decree. I venture, contrary to all editors, to take _omnibus_ as dative, and to suppose that the _consilia_ meant are those of the _album iudicum_ who had been selected to try cases of _ambitus_, of which many were expected. There is no proof that the _iudices_ in a _iudicium tacitum_ had to be senators, and the names in the next sentence point the other way. The senate proposed that the law should allow this selection from the _album_ to form the _iudicium tacitum_, which would give no public verdict, but on whose report they could afterwards act.]
[Footnote 635: M. Æmilius Scaurus was acquitted on the 2nd of September on a charge of extortion in Sardinia. The trial had been hurried on lest he should use the Sardinian money in bribing for the consulship. Hence he could not begin distributing his gifts to the electors till after September 2nd, and his rivals Domitius and Messalla got the start of him. See Asconius, 131 _seq._] [Footnote 636: He means that Atticus--as a lender of money--would be glad of anything that kept the rate of interest up (see p. 286). He is, of course, joking.]
[Footnote 637: Antius is not known. Favonius was a close imitator of Cato's Stoicism. He was now opposing both Pompey and Cæsar strenuously, but on the Civil War breaking out, attached himself strongly to Pompey.
He was put to death by Augustus after the battle of Philippi (Suet.
_Aug._ 13). He had a very biting tongue. See Plut. _Pomp._ 60.]
[Footnote 638: Drusus was probably Livius Drusus, the father of Livia, wife of Augustus; he was accused by Lucretius of _prævaricatio_, "collusion."]
[Footnote 639: This time for _ambitus_.]
CXLIX (Q FR III, 2) TO HIS BROTHER QUINTUS (IN GAUL) ROME, OCTOBER In the evening of the 10th of October Salvius started on board ship for Ostia with the things you wished sent to you from home. On that same day Memmius[641] gave Gabinius such a splendid warning in public meeting that Calidius couldn't say a word for him. To-morrow (which is strictly the day after to-morrow, for I am writing before daybreak) there is a trial before Cato for the selection of his prosecutor between Memmius, Tiberius Nero, and Gaius and Lucius, sons of M. Antonius. I think the result will be in favour of Memmius, though a strong case is being made out for Nero. In short, he is in a fairly tight fix, unless our friend Pompey, to the disgust of gods and men, upsets the whole concern. Let me give you a specimen of the fellow's impudence, and extract _something_ amusing from the public disasters. Gabinius having given out wherever he came that he was demanding a triumph, and having suddenly, the excellent general! invaded the city of his enemies by night,[642] did not venture to enter the senate. Meanwhile, exactly on the tenth day, on which he was bound to report the number of the enemy and of his own soldiers who had been killed, he slunk into the house, which was very thinly attended. When he made as if to go out, he was stopped by the consuls. The _publicani_ were introduced. The fellow was assailed on every side, and my words stinging him more than all, he lost patience, and in a voice quivering with anger called me "Exile."
Thereupon--Heavens! I never had such a compliment paid me in all my life!--the senate rose up to a man with a loud shout and made a menacing movement in his direction: the _publicani_ made an equal noise and a similar movement. In fine, they all behaved exactly as you would have done. It is the leading topic of conversation out of the house. However, I refrain from prosecuting, with difficulty, by Hercules! yet refrain I do: either because I don't want to quarrel with Pompey--the impending question of Milo is enough in that direction--or because we have no jurors worthy of the name. I fear a fiasco: besides, there is the ill-will of certain persons to me, and I am afraid my conducting the prosecution might give him some advantage: besides, I do not despair of the thing being done both without me and yet partly through my assistance. All the candidates for the consulships have had prosecutions for bribery lodged against them: Domitius Calvinus by Memmius (the tribune), Memmius (the candidate) by Q. Acutius, an excellent young man and a good lawyer, Messalla by Q. Pompeius, Scaurus by Triarius. The affair causes great commotion, because it is a plain alternative between shipwreck for the men concerned or for the laws. Pressure is being applied to prevent the trials taking place. It looks like an _interregnum_ again. The consuls desire to hold the _comitia_: the accused don't wish it, and especially Memmius, because he hopes that Cæsar's approach[643] may secure him the consulship. But he is at a very low ebb. Domitius, with Messalla as his colleague, I think is a certainty. Scaurus has lost his chance. Appius declares that he will relieve Lentulus even without a curiate law,[644] and, indeed, he distinguished himself amazingly that day (I almost forgot to mention it) in an attack upon Gabinius. He accused him of _lèse majesté_, and gave the names of his witnesses without Gabinius answering a word. That is all the public news. At home all is well: your house itself is being proceeded with by the contractors with fair expedition.
[Footnote 641: C. Memmius, a tribune of this year, not the same as the C. Memmius Gemellus of the last letter.]
[Footnote 642: Referring to the fact that Gabinius, on his arrival outside Rome, without the usual procession of friends which met a returning proconsul, skulked about till nightfall, not venturing to enter Rome (the city of his enemies!) in daylight. By entering Rome he gave up his _imperium_ and could no longer ask a triumph.]
[Footnote 643: Cæsar was accustomed to come to North Italy (Gallia Cisalpina) for the winter to Ravenna or Luca, and there he could be communicated with and exercise great influence.]
[Footnote 644: That is, he would go to his province of Cilicia on the strength of his nomination or allotment by the senate. There was some doubt as to the question whether such allotment did not give _imperium_ even without a _lex curiata_. Besides, the consul had already _imperium_, and he might consider it to be uninterrupted if he left Rome immediately. However, as there was always an interval between the end of the consulship and the quitting Rome _paludatus_, the _lex curiata_ had generally been considered necessary (Cæs. _B. C._ i. 6). After B.C. 52 the _lex Pompeia_ enacted a five years' interval, when, of course, a law would be necessary.]
CL (Q FR III, 3) TO HIS BROTHER QUINTUS (IN GAUL) ROME (OCTOBER) The writing of an amanuensis must shew you the amount of my engagements.
I assure you that no day passes without my appearing for the defence of some one. Accordingly, all composition or reflexion I reserve for the hour of my walk. So stands my business: matters at home, however, are everything I could wish. Our boys are well, diligent in their studies, and affectionate to me and each other. The decoration of both of our houses is still in hand: but your rural works at Arcanum and Laterium are now completed. For the rest, as to the water and the road, I went into the case thoroughly, in a certain letter of mine, without omitting anything. But, in truth, the anxiety which is now giving me great uneasiness and pain is that for a period of fifty days I have heard nothing from you or from Cæsar--nothing has found its way from those parts, either in the shape of a letter, or even of a rumour. Moreover, both the sea and land out there make me uneasy, and I never cease imagining, as one does when one's affections are deeply involved, all that I least desire. Wherefore I do not, indeed, for the present ask you to write me an account of yourself and your doings, for that you never omit doing when possible, but I wish you to know this--that I have scarcely ever been so anxious for anything as at the moment of writing I am for a letter from you. Now for what is going on in politics. One day after another for the _comitia_ is struck out by notices of bad omens, to the great satisfaction of all the loyalists: so great is the scandal in which the consuls are involved, owing to the suspicion of their having bargained for a bribe from the candidates. The four candidates for the consulship are all arraigned: their cases are difficult of defence, but I shall do my best to secure the safety of our friend Messalla--and that is inseparable from the acquittal of the others.
Publius Sulla has accused Gabinius of bribery--his stepson Memmius, his cousin Cæcilius, and his son Sulla backing the indictment. L. Torquatus put in his claim to the conduct of the prosecution, and, to everybody's satisfaction, failed to establish it. You ask, "What will become of Gabinius?" We shall know in three days' time about the charge of _lèse majesté_. In that case he is at a disadvantage from the hatred entertained by all classes for him; witnesses against him as damaging as can be: accusers in the highest degree inefficient: the panel of jurors of varied character: the president a man of weight and decision--Alfius: Pompey active in soliciting the jurors on his behalf. What the result will be I don't know; I don't see, however, how he can maintain a position in the state. I shew no rancour in promoting his destruction, and await the result with the utmost good temper. That is nearly all the news. I will add this one item: your boy (who is mine also) is exceedingly devoted to his rhetoric master Pæonius, a man, I think, of great experience in his profession, and of very good character. But you are aware that my method of instruction aims at a somewhat more scholarly and philosophical style.[645] Accordingly I, for my part, am unwilling that his course of training should be interrupted, and the boy himself seems to be more drawn to that declamatory style, and to like it better; and as that was the style in which I was myself initiated, let us allow him to follow in my path, for I feel sure it will eventually bring him to the same point; nevertheless, if I take him with me somewhere in the country, I shall guide him to the adoption of my system and practice. For you have held out before me a great reward, which it certainly shall not be my fault if I fail to fully obtain. I hope you will write and tell me most carefully in what district you are going to pass the winter, and what your prospects are.
[Footnote 645: θετικώτερον. From θέσις, a philosophical proposition or thesis. In _Paradox. præf._ he uses θετικά of subjects suited to such theses.]
CLI (Q FR III, 4) TO HIS BROTHER QUINTUS (IN GAUL) ROME, 24 OCTOBER Gabinius has been acquitted. Nothing could be more absolutely futile than his accuser, Lentulus, and the backers of the indictment, or more corrupt than the jury. Yet, after all, had it not been for incredible exertions and entreaties on Pompey's part, and even an alarming rumour of a dictatorship, he would not have been able to answer even Lentulus; for even as it was, with such an accuser and such a jury, he had thirty-two votes out of seventy recorded against him. This trial is altogether so scandalous, that he seems certain to be convicted in the other suits, especially in that for extortion. But you must see that the Republic, the senate, the law courts are mere cyphers, and that not one of us has any constitutional position at all. What else should I tell you about the jurors? Two men of prætorian rank were on the panel--Domitius Calvinus, who voted for acquittal so openly that everybody could see; and Cato, who, as soon as the voting tablets had been counted, withdrew from the ring of people, and was the first to tell Pompey the news. Some people--for instance, Sallust--say that I ought to have been the prosecuting counsel. Was I to have exposed myself to such a jury as this? What would have been my position, if he had escaped when I conducted the case? But there were other considerations which influenced me. Pompey would have looked upon it as a contest with me, not for that man's safety, but for his own position: he would have entered the city;[646] it would have become a downright quarrel; I should have seemed like a Pacideianus matched with the Samnite Æserninus[647]--he would, perhaps, have bitten off my ear,[648] and at least he would have become reconciled to Clodius. For my part, especially if you do not disapprove of it, I strongly approve my own policy. That great man, though his advancement had been promoted by unparalleled exertions on my part, and though I owed him nothing, while he owed me all, yet could not endure that I should differ from him in politics--to put it mildly--and, when in a less powerful position, shewed me what he could do against me when in my zenith. At this time of day, when I don't even care to be influential, and the Republic certainly has no power to do anything, while he is supreme in everything, was I to enter upon a contest with him? For that is what I should have had to have done. I do not think that you hold me bound to have undertaken it. "Then, as an alternative," says the grave Sallust, "you should have defended him, and have made that concession to Pompey's earnest wish, for he begged you very hard to do so." An ingenious friend