The Letters of Cicero, Volume 1. Marcus Cicero

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the defendant was overwhelmed, and with him all his advocates suffered a crushing blow. Next day my house was visited by as great a throng as that which escorted me home when I laid down the consulship. Our eminent Areopagites then exclaimed that they would not come into court unless a guard was assigned them. The question was put to the whole panel: there was only one vote against the need of a guard. The question is brought before the senate: the decree is passed in the most solemn and laudatory terms: the jurymen are complimented: the magistrates are commissioned to carry it out: no one thought that the fellow would venture on a defence. "Tell me, ye Muses, now how first the fire befell!"101 You know Bald-head, the Nanneian millionaire,102 that panegyrist of mine, whose complimentary oration I have already mentioned to you in a letter. In two days' time, by the agency of a single slave, and one, too, from a school of gladiators, he settled the whole business—he summoned them to an interview, made a promise, offered security, paid money down. Still farther, good heavens, what a scandal! even favours from certain ladies, and introductions to young men of rank, were thrown in as a kind of pourboire to some of the jurors. Accordingly, with the loyalists holding completely aloof, with the forum full of slaves, twenty-five jurors were yet found so courageous that, though at the risk of their lives, they preferred even death to producing universal ruin. There were thirty-one who were more influenced by famine than fame. On seeing one of these latter Catulus said to him, "Why did you ask us for a guard? Did you fear being robbed of the money?" There you have, as briefly as I could put it, the nature of the trial and the cause of the acquittal.

      Next you want to know the present state of public affairs and of my own. That settlement of the Republic—firmly established by my wisdom, as you thought, as I thought by God's—which seemed fixed on a sure foundation by the unanimity of all loyalists and the influence of my consulship—that I assure you, unless some God take compassion on us, has by this one verdict escaped from our grasp: if "verdict" it is to be called, when thirty of the most worthless and dissolute fellows in Rome for a paltry sum of money obliterate every principle of law and justice, and when that which every man—I had almost said every animal—knows to have taken place, a Thalna, a Plautus, and a Spongia, and other scum of that sort decide not to have taken place. However, to console you as to the state of the Republic, rascaldom is not as cheerful and exultant in its victory as the disloyal hoped after the infliction of such a wound upon the Republic. For they fully expected that when religion, morality, the honour of juries, and the prestige of the senate had sustained such a crushing fall, victorious profligacy and lawless lust would openly exact vengeance from all the best men for the mortification which the strictness of my consulship had branded in upon all the worst. And it is once more I—for I do not feel as if I were boasting vaingloriously when speaking of myself to you, especially in a letter not intended to be read by others—it was I once more, I say, who revived the fainting spirits of the loyalists, cheering and encouraging each personally. Moreover, by my denunciations and invectives against those corrupt jurors I left none of the favourers and supporters of that victory a word to say for themselves. I gave the consul Piso no rest anywhere, I got him deprived of Syria, which had been already plighted to him, I revived the fainting spirit of the senate and recalled it to its former severity. I overwhelmed Clodius in the senate to his face, both in a set speech, very weighty and serious, and also in an interchange of repartees, of which I append a specimen for your delectation. The rest lose all point and grace without the excitement of the contest, or, as you Greeks call it, the ἀγών. Well, at the meeting of the senate on the 15th of May, being called on for my opinion, I spoke at considerable length on the high interests of the Republic, and brought in the following passage by a happy inspiration: "Do not, Fathers, regard yourselves as fallen utterly, do not faint, because you have received one blow. The wound is one which I cannot disguise, but which I yet feel sure should not be regarded with extreme fear: to fear would shew us to be the greatest of cowards, to ignore it the greatest of fools. Lentulus was twice acquitted, so was Catiline, a third such criminal has now been let loose by jurors upon the Republic. You are mistaken, Clodius: it is not for the city but for the prison that the jurors have reserved you, and their intention was not to retain you in the state, but to deprive you of the privilege of exile. Wherefore, Fathers, rouse up all your courage, hold fast to your high calling. There still remains in the Republic the old unanimity of the loyalists: their feelings have been outraged, their resolution has not been weakened: no fresh mischief has been done, only what was actually existing has been discovered. In the trial of one profligate many like him have been detected."—But what am I about? I have copied almost a speech into a letter. I return to the duel of words. Up gets our dandified young gentleman, and throws in my teeth my having been at Baiæ. It wasn't true, but what did that matter to him? "It is as though you were to say," replied I, "that I had been in disguise!" "What business," quoth he, "has an Arpinate with hot baths?" "Say that to your patron," said I, "who coveted the watering-place of an Arpinate."103 For you know about the marine villa. "How long," said he, "are we to put up with this king?" "Do you mention a king," quoth I, "when Rex104 made no mention of you?" He, you know, had swallowed the inheritance of Rex in anticipation. "You have bought a house," says he. "You would think that he said," quoth I, "you have bought a jury." "They didn't trust you on your oath," said he. "Yes," said I, "twenty-five jurors did trust me, thirty-one didn't trust you, for they took care to get their money beforehand." Here he was overpowered by a burst of applause and broke down without a word to say.

      My own position is this: with the loyalists I hold the same place as when you left town, with the tagrag and bobtail of the city I hold a much better one than at your departure. For it does me no harm that my evidence appears not to have availed. Envy has been let blood without causing pain, and even more so from the fact that all the supporters of that flagitious proceeding confess that a perfectly notorious fact has been hushed up by bribing the jury. Besides, the wretched starveling mob, the blood-sucker of the treasury, imagines me to be high in the favour of Magnus—and indeed we have been mutually united by frequent pleasant intercourse to such an extent, that our friends the boon companions of the conspiracy, the young chin-tufts, speak of him in ordinary conversation as Gnæus Cicero. Accordingly, both in the circus and at the gladiatorial games, I received a remarkable ovation without a single cat-call. There is at present a lively anticipation of the elections, in which, contrary to everybody's wishes, our friend Magnus is pushing the claims of Aulus's son;105 and in that matter his weapons are neither his prestige nor his popularity, but those by which Philip said that any fortress could be taken—if only an ass laden with gold could make its way up into it. Farthermore, that precious consul, playing as it were second fiddle to Pompey,106 is said to have undertaken the business and to have bribery agents at his house, which I don't believe. But two decrees have already passed the house of an unpopular character, because they are thought to be directed against the consul on the demand of Cato and Domitius107—one that search should be allowed in magistrates' houses, and a second, that all who had bribery agents in their houses were guilty of treason. The tribune Lurco also, having entered on his office irregularly in view of the Ælian law, has been relieved from the provisions both of the Ælian and Fufian laws, in order to enable him to propose his law on bribery, which he promulgated with correct auspices though a cripple.108 Accordingly, the comitia have been postponed to the 27th of July. There is this novelty in his bill, that a man who has promised money among the tribes, but not paid it, is not liable, but, if he has paid, he is liable for life to pay 3,000 sesterces to each tribe. I remarked that P. Clodius had obeyed this law by anticipation, for he was accustomed to promise, and not pay. But observe! Don't you see that the consulship of which we thought so much, which Curio used of old to call an apotheosis, if this Afranius is elected, will become a mere farce and mockery? Therefore I think one should play the philosopher, as you in fact do, and not care a straw for your consulships!

      You say in your letter that you have decided not to go to Asia. For my part I should have preferred your going, and I fear that there may be some offence109 given in that matter. Nevertheless, I am not the man

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