You would appear to have believed the man in that statement, not to have approved of his action. It appeared to all a most bitter and scandalous, and miserable Edition: current; Page: [445]business. The present Consuls, Titus Flamininus and Manius Acilius, were chosen nineteen years after his death, which took place in the Edition: current; Page: [12]consulship of Caepio and the second consulship of Philippus, when I, being sixty-five years old, with a strong voice and sound lungs, spoke in favor of the Voconian law.1 At the age of seventy years — for so many did Ennius live — he bore the two burdens which are esteemed the heaviest, poverty and old age, in such a way that he almost seemed to take delight in them. Every one, in short, shall be made aware of this fact in this cause,—that the feelings of the Sicilians are such, that if that man be not punished, they think that they must leave their habitations and their homes, and depart from Sicily, and flee to some distant land. Why did he do it so late? Livy’s story is even worse than this.

XI. Can anything be mentioned which is more notorious in the whole of Sicily? As you are on your way to take possession, O Sextus Nævius, the prætor himself openly says to you—“Take possession in such manner that Nævius may have possession at the same time with you; take possession in such a manner that no violence may be offered to Quintius.” What? What can you have more? Who can doubt why you were the first man to change the ancient custom of all your predecessors, to disregard the great advantage of having the money pass through the hands of others, and to undertake a work of such difficulty, so liable to accusation,—a task of such delicacy, inseparable from suspicion? Old age cuts one off from the management of affairs. Many men have done the same in the times of our ancestors.

This is a pun on the name of Chrysogonus, as derived from the Greek word χρυσὸς, gold; and γόνος, birth. I now beforehand give this man notice, that if you determine that this cause shall be conducted by me, his whole plan of defence must be altered, and must be altered in such a manner as to be carried on in a more honest and honourable way than he likes; that he must imitate those most illustrious men whom he himself has seen, Lucius Crassus and Marcus Antonius; who thought that they had no right to bring anything to the trials and causes in which their friends were concerned, except good faith and ability. He grows strong, cheerful, and hopeful as he writes, and in coming times of distress and peril he unrolls this little volume for his own support and consolation. In truth every year constant labour and constant expense is incurred in the hope of a result which is casual and uncertain. When they are examined, let them be bound not only by the obligation of their oath and regard for their character, but also by a common consciousness of the truth. and that those whom you had accused were not Edition: current; Page: [185]punished? That a man should have had such foresight at a time of such alarm and danger to the province!

XXX.

Up to this time there has been one man only since the first foundation of Rome, (and may the immortal gods grant that there may never be another,) to whom the republic wholly committed herself, being compelled by the necessities of the times and domestic misfortunes. Did either I, or you, O Hortensius, or any man ever give in his accounts in this manner? Listen rather to acts which are connected with those matters of which I have hitherto been speaking. Can he who reverences modesty and chastity behold with equanimity the daily adulteries, the dissolute manners of that man, the domestic pandering to his passions?

how it was stated to have happened?

And it is a thing very difficult for me to prove; for by what witnesses am I to prove it? “The man who has no heir.” Even that is not he.

what else does Marcus Lucceius say, who had a great business as a money-changer at Rhegium?

O monster to be banished to the very end of the world!

We who are Edition: current; Page: [41]pleading this cause adopt the exclamations which in other trials the accusers are in the habit of using. The faith of what man can we invoke? Ant. For Heraclius indeed had been present when the judges were appointed; but in the case of this man, who had departed before any steps had been taken in the action, before indeed there had been any open mention made of the dispute, they thought that nothing could be done. Better they than the Greeks, who called the same thing sometimes compotatio [cum and poto, drinking together], and sometimes concoenatio [con and coeno, supping together].” Compotatio and concoenatio are both Latin words. Cicero, Marcus Tullius: Laelius, or, An Essay on Friendship, trans. And yet these six hundred thousand sesterces, as to which he could not even devise a false account of whom he had paid them to, and which he said he had left at Ariminum,—these six hundred thousand sesterces which be had in hand, Carbo never touched, Sylla never saw them, nor were they ever brought into the treasury. You knew he would order it. Now, as soon as Sicily fell to him by lot as his province, immediately at Rome, while he was yet in the city, before he departed, he began to consider within himself and to deliberate Edition: current; Page: [223]with his friends, by what means he might make the greatest sum of money in that province in one year. Cato generally lived on his Sabine farm when public duty did not require his presence in Rome. King of the Numidians, and for the most part a faithful, though not a disinterested, ally of the Romans, in the Punic wars. It was allowed to the ædiles, and it was not uncommon for them, to borrow of the cities of the allies celebrated and beautiful statues, to adorn the shows in the games which they exhibited; and afterwards they were restored to their owners. v. Tabella. See Metellus’s letters. . And so, when nearly forty days have intervened, then at length they think they shall have to answer what has been said by us; and they think that, what with speeches, and what with excuses, they will easily be able to protract the cause till the period of the games of Victory.

I have, indeed, often been a listener to complaints of men of my own age, — for, as the old proverb says, “Like best mates with like,”1 — such complaints, for instance, as those which Caius Salinator and Spurius Albinus, men of consular dignity, nearly my coevals, used to make, because they were deprived of the sensual gratifications without which life appeared to them a blank, and because they were neglected by those by whom they were wont to be held in reverence. After the death of Julius Caesar, and before the conflict with Antony, Cicero spent two years in retirement, principally at his Tusculan villa. Who has ever been more furious, more treacherous, and more cruel? Oh, unexampled impudence! c. Verr. Afterwards, indeed, he rewarded him liberally; he allowed him to seize some estates of men who had been proscribed lying in the territory of Beneventum; he loaded him with honour as a traitor; he put no confidence in him as a friend. But at that time Verres, though you well know how great his impudence is, still could not, as her husband was at Syracuse, be quite easy in his mind at keeping her with him so many days on the sea-shore. was this never done except in the prætorship of Verres? The town of Phaselis, which Publius Servilius took, had not been in former times a city of Cilicians and pirates. When Heraclius said, what all men well knew, that there was an established form of law among the Sicilians, by which causes between them were to be tried; that there was the Rupilian law, which Publius Rupilius, the consul, had enacted, with the advice of ten chosen commissioners; that every prætor and consul in Sicily had always observed this law. Why should I make any more statements or utter any further complaints about that man’s conduct? Did you out of his honour seek for punishments for those very men who had held him in honour? They were the especial arbiters of peace, of war, and of treaties. In the same manner at Agyrium, all the Corinthian vessels there were there, in accordance with his command, were transported to Syracuse by the agency of Apollodorus, whom you have heard as a witness. The tithes raised in the province of Sicily alone, with the exception of those of wine, oil, and garden produce, were not sold at Rome, but in the district of Sicily itself, according to a practice established by Hiero, (Cic.

Did Aprouius make a blunder, or rather was he mad?

According to Livy, Cato was legatus, or second in command, at this time, and it is hardly possible that an ex-consul should have served as a military tribune. if the whole of that plea has been invented by you with the most extreme dishonesty and wickedness? The papers of the prætor referring to his decrees, to the corn ordered to be supplied, and to the wheat purchased, are read. (Mark, I pray you, O judges; see how greatly fortune herself opposed that man’s insanity, and see at the same time what chance aided the cause of Sthenius;) the accuser, Marcus Pacilius, being summoned, (I know not how it came about,) did not answer, did not appear.

But, I imagine, you mean this to be the chief article of your defence, that you sold all the tenths at a high price, but the tenths of the Leontine district, which produces the most, for two hundred and sixteen thousand modii of wheat. You are in possession of the man’s wisdom, and diligence, and vigilance; and of his guardianship and defence of the province. Here that gallant general was quartered in the winter months, so securely that it was not easy to see him, I will not say out of the house, but even out of bed.

His attendant Timarchides was constantly stooping down to his ear.

Would Roscius ever have asked this of Cluvius, even if he had had a hundred millions of sesterces at stake on the issue of the trial?

XXXV.

If your poundage was called in question, if in any trifling matter you were afraid of some trick, would you not have at once run off to Caius Aquillius, or to some other counsel? He was Censor for a year in the interval between his two consulships, and in that office he chose Cato for his model, employed the utmost severity in the repression of extravagance, luxury, and licentiousness, and made some strong and bitter enemies. See now the wisdom of our ancestors, who, when they had added Sicily, so valuable an assistant both in war and peace, to the republic, were so careful to defend the Sicilians and to retain them in their allegiance, that they not only imposed no new tax upon their lands, but did not even alter the law of putting up for sale Edition: current; Page: [301]the contracts of the farmers of the tenths, or the time or place of selling them; so that they were to put them up for sale at the regular time of year, at the same place, in Sicily,—in short, in every respect as the law of Hiero directed; they permitted them still to manage their own affairs, and were not willing that their minds should be disturbed even by a new name to a law, much less by an actual new law. He was eulogized by Roman writers generally; yet with the rude strength he probably combined no little of the rude ethics of a barbarian chieftan.