The Letters of Cicero, Volume 1. Marcus Cicero
when the day came for proposing the bill in accordance with the vote of the senate, a crowd of our dandies with their chin-tufts assembled, all the Catiline set, with Curio's girlish son at their head, and implored the people to reject it. Moreover, Piso the consul, who formally introduced the bill, spoke against it. Clodius's hired ruffians had filled up the entrances to the voting boxes. The voting tickets were so manipulated that no "ayes" were distributed. Hereupon imagine Cato hurrying to the rostra, delivering an admirable invective against the consul, if we can call that an "invective" which was really a speech of the utmost weight and authority, and in fact containing the most salutary advice. He is followed to the same effect by your friend Hortensius, and many loyalists besides, among whom, however, the contribution of Favonius was conspicuous. By this rally of the Optimates the comitia is dissolved, the senate summoned. On the question being put in a full house—in spite of the opposition of Piso, and in spite of Clodius throwing himself at the feet of the senators one after the other—that the consuls should exhort the people to pass the bill, about fifteen voted with Curio, who was against any decree being passed; on the other side there were fully four hundred. So the vote passed. The tribune Fufius then gave in.90 Clodius delivered some wretched speeches to the people, in which he bestowed some injurious epithets on Lucullus, Hortensius, C. Piso, and the consul Messalla; me he only charged with having "discovered" everything.91 In regard to the assignation of provinces to the prætors, the hearing legations, and other business, the senate voted that nothing should be brought before it till the bill had been brought before the people. There's the state of things at Rome for you. Yet pray listen to this one thing more which has surpassed my hopes. Messalla is a superlatively good consul, courageous, firm, painstaking; he praises, shows attachment to, and imitates me. That other one (Piso) is the less mischievous because of one vice—he is lazy, sleepy, unbusiness-like, an utter fainéant, but in intention he is so disaffected that he has begun to loathe Pompey since he made the speech in which some praise was bestowed on the senate. Accordingly, he has alienated all the loyalists to a remarkable degree. And his action is not dictated by love for Clodius more than by a taste for a profligate policy and a profligate party. But he has nobody among the magistrates like himself, with the single exception of the tribune Fufius. The tribunes are excellent, and in Cornutus we have a quasi-Cato. Can I say more?
Now to return to private matters. "Teucris" has fulfilled her promise.92 Pray execute the commission you undertook. My brother Quintus, who purchased the remaining three-fourths of the house in the Argiletum for 725 sestertia (about £5,800), is now trying to sell his Tusculan property, in order to purchase, if he can, the town house of Pacilius. Make it up with Lucceius! I see that he is all agog to stand for the consulship. I will do my best. Be careful to let me know exactly how you are, where you are, and how your business goes on.
13 February.
XX (a i, 15)
TO ATTICUS (IN EPIRUS)
Rome, 15 March
b.c. 61, æt. 45
You have heard that my dearest brother Quintus has got Asia; for I do not doubt that rumour has conveyed the news to you quicker than a letter from any of us. Now then, considering how desirous of a good reputation he and I have ever been, and how unusually Philhellenic we are and have the reputation of being, and considering how many there are whose enmity we have incurred for the sake of the Republic, "call to mind all your valour,"93 to secure us the praise and affection of all concerned. I will write at greater length to you on these points in the letter which I shall give to Quintus himself.94 Please let me know what you have done about the business I confided to you, and also in your own affair; for I have had no letter from you since you left Brundisium. I am very anxious to hear how you are.
15 March.
XXI (a i, 16)
TO ATTICUS
Rome (May)
b.c. 61, æt. 45
You ask me what has happened about the trial, the result of which was so contrary to the general expectation, and at the same time you want to know how I came to make a worse fight of it than usual. I will answer the last first, after the manner of Homer.95 The fact is that, so long as I had to defend the authority of the senate,96 I battled with such gallantry and vigour that there were shouts of applause and crowds round me in the house ringing with my praise. Nay, if you ever thought that I shewed courage in political business, you certainly would have admired my conduct in that cause. For when the culprit had betaken himself to public meetings, and had made an invidious use of my name, immortal gods! What battles! What havoc! What sallies I made upon Piso, Curio, on the whole of that set! How I fell upon the old men for their instability, on the young for their profligacy! Again and again, so help me heaven! I regretted your absence not only as the supporter of my policy, but as the spectator also of my admirable fighting. However, when Hortensius hit on the idea of a law as to the sacrilege being proposed by the tribune Fufius, in which there was no difference from the bill of the consul except as to the kind of jurymen—on that point, however, the whole question turned—and got it carried by sheer fighting, because he had persuaded himself and others that he could not get an acquittal no matter who were the jurymen, I drew in my sails, seeing the neediness of the jurors, and gave no evidence beyond what was so notorious and well attested that I could not omit it.97 Therefore, if you ask the reason of the acquittal—to return at length to the former of the two questions—it was entirely the poverty and low character of the jury. But that this was possible was entirely the result of Hortensius's policy. In his alarm lest Fufius should veto the law which was to be proposed in virtue of a senatorial decree, he failed to see that it was better that the culprit should be left under a cloud of disgrace and dishonour than that he should be trusted to the discretion of a weak jury. But in his passionate resentment he hastened to bring the case into court, saying that a leaden sword was good enough to cut his throat. But if you want to know the history of the trial, with its incredible verdict, it was such that Hortensius's policy is now blamed by other people after the event, though I disapproved of it from the first. When the rejection of jurors had taken place, amidst loud cheers and counter-cheers—the accuser like a strict censor rejecting the most worthless, the defendant like a kind-hearted trainer of gladiators all the best—as soon as the jury had taken their seats, the loyalists at once began to feel distrust. There never was a seedier lot round a table in a gambling hell. Senators under a cloud, equites out at elbows, tribunes who were not so much made of money as "collectors" of it, according to their official title.98 However, there were a few honest men in the panel, whom he had been unable to drive off it by rejection, and they took their seats among their uncongenial comrades with gloomy looks and signs of emotion, and were keenly disgusted at having to rub elbows with such rascals. Hereupon, as question after question was referred to the panel in the preliminary proceedings, the severity of the decisions passes belief: there was no disagreement in voting, the defendant carried none of his points, while the accuser got even more than he asked. He was triumphant. Need I say more? Hortensius would have it that he was the only one of us who had seen the truth. There was not a man who did not think it impossible for him to stand his trial without being condemned a thousand times over. Farther, when I was produced as a witness, I suppose you have been told how the shouts of Clodius's supporters were answered by the jury rising to their feet to gather round me, and openly to offer their throats to P. Clodius in my defence. This seemed to me a greater compliment than the well-known occasion when your fellow citizens99 stopped Xenocrates from taking an oath in the witness-box, or when, upon the accounts of Metellus Numidicus100 being as usual handed round, a Roman jury refused to look at them. The compliment paid me, I repeat, was much greater. Accordingly, as the jurymen were protecting me as the mainstay of the
Fufius, though Cicero does not say so, must have vetoed the decree, but in the face of such a majority withdrew his veto. The practice seems to have been, in case of tribunician veto, to take the vote, which remained as an
παντοίης ἀρέτης μιμνήσκεο (Hom.
The allotment of provinces had been put off (see last letter) till the affair of Clodius's trial was settled; consequently Quintus would not have much time for preparation, and would soon set out. He would cross to Dyrrachium, and proceed along the
ὕστερον πρότερον Ὁμηρικῶς.
That is, the resolution of the senate, that the consuls should endeavour to get the bill passed.
Cicero deposed to having seen Clodius in Rome three hours after he swore that he was at Interamna (ninety miles off), thus spoiling his alibi.
The difficulty of this sentence is well known. The juries were now made up of three
Q. Cæcilius Numidicus, consul b.c. 109, commanded against Iugurtha. The event referred to in the text is said to have occurred on his trial