[311] If Cicero's property was confiscated, it might be held that the slaves went with it, and would be sold with it, and that his manumission of them was an evasion, which could not hold good at law. If his property was not confiscated, they were to remain in their status as slaves. See Letter CXCII.
[312] He means that had it not been for enemies in Greece and Epirus, he should not only have gone as far south as Epirus, but farther—to Athens. There is a good deal to be said for Schutz's reading, Achaiam for Athenas, but as the MS. reading can be explained, it is safer to keep it.
[313] The Clodian party at Rome. "That town" is Athens.
[314] "I have lost my chance of dying with honour; henceforth death may end my grief, but cannot heal my damaged reputation." Reliqua tempora, i.e., other opportunities of suicide.
[315] A mountain range in Illyria, over which the via Egnatia passes (mod. Elbassán).
[316] Reading ab Ilio with Madvig for ab illo.
[317] Tigranes, a son of the king of Armenia, was brought to Rome by Pompey to adorn his triumph, and put under the care of Lucius Flavius. This prince was, for a bribe, released by Clodius by a trick, and the attempt to get him away led to a scuffle in which lives were lost. Pompey regarded this as a slight upon himself, and his partisan, the consul Gabinius, attempted to prevent it. But both were hustled in the forum and treated with insults. The hope of a breach in the triumvirate arose from the supposition that Clodius had the support of Cæsar in his high-handed proceeding (Dio, xxxviii. 30; Plut. Pomp. 48; Ascon. 47).
[318] P. Plautius Hypsæus, who had been Pompey's quæstor and on intimate terms with him. He had been, it seems, interesting himself on Cicero's behalf.
[319] The gazette of public transactions and measures passed in the senate, which was sent round to the provinces. We shall hear of it again.
[320] The next letter shews that he means Hortensius. The blunder which he complains of having committed, by the advice of Hortensius, is that of having left Rome, rather than stay and brave the impeachment.
[321] Because, though a provincial governor retained his lictors till he reached Rome, he was bound to go straight home or dismiss them.
[322] I.e., suicide.
[324] Quintus was a candidate in B.C. 66 for the ædileship of the following year. The lex Aurelia, which divided the juries between the senators, equites, and tribuni ærarii, was passed in Pompey's first consulship, B.C. 70. As this was the compromise in the matter of the iudicia favoured by Pompey, Hortensius, and the like, an attack on it would be likely to give offence.
[325] I.e., to the house of Atticus at Buthrotum.
[326] Clodius was not re-elected, and Q. Cæcilius Metellus Nepos, who had as tribune (B.C. 63-62) been hostile to Cicero, now as consul supported Pompey in befriending Cicero.
[327] The speech in the senate in Curionem et Clodium, i.e., against the elder C. Curio, who had been Clodius's advocate in B.C. 61 on the charge de incesto. Fragments only of it are preserved. They are sufficiently violent. Cicero suggests repudiating the authorship, because the speech had never been delivered, and therefore was not necessarily intended for publication. There is no special reason for abusing Cicero's character on this account. If some enemy had got hold of the MS. and published it without his consent, it was not really the expression of his deliberate sentiments.
[328] Reading nunc tamen intellego for si donatam ut intellego, which is meaningless. There may be latent in si donatam some proper name, as Dodonam or Macedoniam, but it is not possible to extract it now. Istic, as usual, means "where you are," i.e., at Rome.
[329] The via Egnatia, the road across Macedonia, which was one of the great channels of communication between Rome and the East, and which terminated at Thessalonica.
[331] Reading defuit for fuit.
[332] Or, as Prof. Tyrrell suggests, "does not quote Curio to that effect." I think, however, that Cicero does not use laudo in this sense except in connexion with auctorem, auctores, and even then generally with a subsense, at least, of commendation. The speech was composed to be delivered against the elder Curio and Clodius (see p. 155), but was never delivered. Its personal tone made it dangerous now.
[333] Cicero means that Atticus acted with the emotion spontaneously arising from his affection, but not with the caution which he would have shewn in doing a thing which he was under some obligation to do.
[334] The ancient "colleges" or "clubs" had been gradually increasing, and a decree of the senate in B.C. 64 had declared certain of them unlawful. But Clodius had overridden this decree by a lex early in B.C. 58, and many new ones were formed, which he used for his political purposes (pro Sest. § 55; Dio, xxxviii. 13).
[335] That he could do nothing against the wishes of Cæsar (Att. x. 4, § 3; cp. in Pis. § 77). According to Plutarch, Pompey avoided a personal interview (Cic. 31).
[336] The kindness has been all on the side of Atticus, who will therefore be attached to the object of it—for the benefactor loves more than the benefited.
[337] A privilegium was a law referring to a particular person, which was forbidden by the twelve tables, and if it was shewn to be unconstitutional a decree of the senate could declare it void. But Cicero seems to think that such a proceeding of the senate would give a possibility of raising the question afresh.
[338] The first bill named no one, but enacted that "anyone who had put a citizen to death uncondemned should be forbidden fire and water." The second, "that M. Tullius be forbidden fire and water." Cicero says that the former did not touch him, I suppose, because it could not be retrospective. This is in accordance with the view of Cæsar, who approved of the law, but said that old sores ought not to be ripped up—οὐ μὴν καὶ προσήκειν ἐπὶ παρεληλυθόσι τοιοῦτόν τινα νόμον συγγράφεσθει (Dio, xxxviii. 17).
[339] Because it shewed that he considered himself as coming under the new law.
[341] L. Domitius Ahenobarbus, who was a prætor this year.
[342] Though Cicero uses tantum ... quantum here, he does not mean that Atticus failed to love him enough—that would have been too unreasonable. In a certain way he means that he loved him too much. He allowed his spontaneous feelings full vent, without acting with the cool wisdom which he would have shewn in fulfilling a duty or moral obligation. It is more fully expressed above. Still, it was a difficult thing to say, and he doesn't succeed in making it very clear.
[343] Reading lætæ for lectæ.
[344] L. Livineius Regulus, whom Cicero (F. xiii. 60) calls a very intimate friend, and says that his freedman Trypho stood his friend in the hour of need. He seems to have been condemned (in B.C. 56?) for something, but he afterwards served under Iulius Cæsar (B. Afr. § 9). The freedman's full name was L. Livineius Trypho.
[345] About Appius acting as prosecutor of Quintus. He was a nephew of P. Clodius. See Letter CCXXII.
[346] Appius Claudius Pulcher, brother of P. Clodius, was prætor-designate for B.C. 57, and had allotted to him the quæstio de rebus repetundis (pro Sest. § 78). He was consul B.C. 54.
[347] Cicero gives Atticus his full name, rather playfully, as it was a new acquisition. His uncle, Q. Cæcilius, dying this year, left him heir to a large fortune, and adopted him in his will (Nep. Att. 5). He therefore, according to custom, took his uncle's prænomen and nomen, Q. Cæcilius, retaining his own nomen in an adjectival form (Pomponianus) as a cognomen, just as C. Octavius became, by his uncle's will, C. Iulius Cæsar Octavianus. His additional name of Atticus remained as before, and in ordinary life was his usual designation. See p. 15.
[348] Sestius, tribune-elect for B.C. 57, would come into office 10th December, B.C. 58. He means to bring a bill before the people for Cicero's recall, and a draft of it has been sent to Cicero, who criticises it as not entering sufficiently into details, though he had before said that a general restitutio in integrum covered everything; but perhaps this bill only repealed the Clodian law as a privilegium, without mentioning anything else.
[349] Terentia, whose half-sister was a Vestal, seems to have taken sanctuary with the Vestals, as did the mother and sister of Augustus in B.C. 43. The special indignity of which Cicero complains is that she had been forced to leave the sanctuary and appear at the bank of Valerius, but for what purpose we cannot now tell. It is suggested that it was to make some solemn declaration as to her husband's property, some of which she may be supposed to have tried to conceal. The term ducta esses is that applied to prisoners led through the streets, but we may regard it as used ad invidiam.
[350] In securing her husband's advocacy.
[352] Cn. Plancius, quæstor in Macedonia, whose kindness Cicero lauds highly when defending him in B.C. 54.
[353] The forces of the new governor, L. Calpurnius Piso, who was to have Macedonia after his consulship, and would be sending his troops on before him.
[354] P. Cornelius Lentulus, consul-designate for B.C. 57.
[356] The party of the triumvirs.
[358] A centurion or other officer in the army of Piso crossing to Macedonia. But the name is otherwise unknown, and some have thought that it is an intentional disguise for the name of Piso himself.
[359] Cicero's son-in-law.
[360] The greater part of this letter was evidently written at Thessalonica. Cicero appears to have put the date and place of departure to it after arriving at Dyrrachium, and then added a postscript to explain why he had come there.
[361] As a libera civitas Dyrrachium had the ius exilii, and would not be filled with Roman officials. The crowded state of the town—by which Cicero means crowded with Romans—would arise from its being the usual place of disembarkation from Rome across the north of the Greek peninsula to the East. There was doubtless always a large traffic between it and Brundisium, but at this time of year, when sailing would be, if possible, avoided, he might hope to find it somewhat less crowded.
[362] This bill for Cicero's recall would, of course, be vetoed by Clodius, and could not therefore be passed, but it would probably influence the action of the new tribunes for B.C. 57.
[363] I.e., the tribunes of B.C. 58.
[364] I.e., securing indemnity to the proposers if there is a technical breach of existing laws, something like the common clause—"all statutes to the contrary notwithstanding."
[365] The Clodian law.
[366] Because they would not be protected as the previous tribunes were by the fact of the Clodian law (which alone was contravened) having emanated from their own collegium.
[367] L. Quadratus Ninnius, tribune-elect. On the 1st of June next he brought forward the question of Cicero's restoration in the senate.
[368] Cicero's cousin, C. Visellius Varro, a learned jurisconsult (Brut. § 264; 1 Verr. § 71).
[369] The tribunes came into office on the 10th of December, nearly three weeks before the consuls, prætors, etc., who entered office on the 1st of January.
[370] Either the libera legatio or the acting legatio in Gaul, both of which Cæsar offered him.
[371] The phrase ornare provincias, ornare consules, etc., means the vote in the senate deciding the number of troops, amount of money, and other outfit that the magistrates going to their provinces were to have. The provinces to be taken by outgoing consuls were decided before the elections—in this case they were Cilicia and Spain. But the ornatio usually took place after the consuls had entered on their office, i.e., after the 1st of January. For this year, however—we don't know why—it had taken place before the 1st of December, B.C. 58. The result of this would be that the new tribunes for B.C. 57—entering on their office 10th December, B.C. 58—would have no voice in the matter, and would thus lose a great hold on the consuls. Most of these tribunes were supporters of Cicero, while he was doubtful as to one of the consuls—Q. Cæcilius Metellus Nepos. He thinks, therefore, that his cause has lost by this measure, for the tribunes will have less power of putting force on the consuls to do anything for him, and yet the same power of stopping them should they wish to do anything of their own accord. Besides, the new tribunes may be alienated by what they may think a measure derogatory to their position. These fears came to nothing; the tribunes were loyal to Cicero, and the consul Piso forwarded his recall.
[372] Because the tribunes could have vetoed any measure brought before the people, and so could have forced the consuls to come to terms.
[373] I.e., that the senate would pass no decree prior to one recalling Cicero.
[374] There is no indication in the letter as to where Atticus is. He left Rome late in B.C. 58, and apparently did not return till after Cicero's recall. The most natural explanation is that he was in Epirus, or somewhere in Greece, and that he had visited Cicero at Dyrrachium on his way. I do not quite see how this should be thought impossible in view of the last sentence of LXXXV or the next letter. Cicero asks Atticus to join him, but he might do so whether Atticus were at Buthrotum, or Rome, or anywhere else.
[375] On 1st January, B.C. 57, P. Lentulus brought the case of Cicero before the senate. The prevailing opinion was that his interdictio having been illegal, the senate could quash it. But Pompey, for the sake of security, recommended a lex. One of the tribunes, without actually vetoing the senatus consultum, demanded a night for consideration. The question was again debated in succeeding meetings of the senate, but on the 25th was not decided. Technically an auctoritas was a decree that had been vetoed by a tribune, and Cicero (pro Sest. § 74) implies that such a veto had been put in, and at any rate the noctis postulatio was equivalent to a veto.
[376] Perhaps he has just heard that the sitting of the senate on the 25th of January had been interrupted by Clodius's roughs. But other similar events happened, and there is no certain means of dating this note. The difficulty, as it stands, is that it implies Atticus's temporary return to Rome.
[377] This intentionally enigmatical sentence is meant to contain a menace against Clodius, who is hinted at in the word omnium, just as he is earlier in the letter in the word tuorum. Clodius was a connexion by marriage of Metellus (through his late brother, the husband of Clodia), and Cicero assumes that Metellus is restrained from helping him by regard for Clodius. He knows, however, by this time, that one of the new tribunes, Milo, is prepared to repel force by force, and he hints to Metellus that if he countenances Clodius's violence he may some day find that there is no Clodius to save—if that's his object. In Letter LXXXIX he shews how early he had contemplated Clodius being killed by Milo (occisum iri ab ipso Milone video).
[378] Reading ab infimo.
[379] As backing the decree. The phrase was aderat scribendo M. Tullius Cicero, etc.
[380] Dederunt, i.e., contionem; lit. gave me a meeting, i.e., the right of addressing the meeting, which only magistrates or those introduced by magistrates could do.
[381] C. Messius, a tribune of the year.
[382] Clodius had consecrated the site of Cicero's house for a temple of Liberty. The pontifices had to decide whether that consecration held good, or whether the site might be restored to Cicero. Hence his speech de Domo sua ad Pontifices.
[383] The origin of the Latin line is not known. The English is Milton's, P. L. ii. 224.
[384] The speech de Domo sua ad Pontifices. The genuineness of the existing speech has been doubted. But it may very well be said that no one but Cicero could have written it. It is not certainly one of his happiest efforts, in spite of what he says here; but he is not unaccustomed to estimate his speeches somewhat highly, and to mistake violence for vigour.
[385] He will send it to Atticus to get copied by his librarii, and published.
[386] Appius Claudius Pulcher, brother of P. Clodius, was a prætor this year.
[387] It is not clear that Clodius was wrong; the pontifices decided that for a valid consecration an order of the people was requisite, and, of course, Clodius could allege such an order. Cicero devoted the greater part of his speech, therefore, to shewing (1) that Clodius's adoption was invalid, and that he was therefore no tribune, and incapable of taking an order of the people; (2) that the law was a privilegium, and therefore invalid. The pontifices did not consider either of these points, which were not properly before them, or within their competence; they merely decided the religious question—that unless there had been a iussus populi or plebis scitus there was no valid consecration.
[388] Or perhaps only "statue of Liberty," as the temple was not yet completed.
[389] A portico or colonnade, built by Q. Catulus, the conqueror of the Cimbri, on the site of the house of M. Flaccus, who was killed with Saturninus in B.C. 100. It was close to Cicero's house, and what Clodius appears to have done was to pull down the portico, and build another, extending over part of Cicero's site, on which was to be a temple for his statue of Liberty.
[390] Cn. Cornelius Lentulus Marcellinus was called on first as consul designate for B.C. 56.
[391] Sext. Attilius Serranus, a tribune. He had been a quæstor in Cicero's consulship, but had opposed his recall.
[392] Cn. Oppius Cornicinus, the father-in-law of Serranus, is said in p. red. at Quir. § 13 to have done the same in the senate on the 1st of January, when Serranus also went through the same form of "demanding a night" for consideration.
[393] Prof. Tyrrell brackets porticum. But I do not understand his difficulty, especially as he saw none in the last letter. Cicero (de Domo, § 102) certainly implies that Clodius had, at any rate, partly pulled down the porticus Catuli, in order to build something on a larger scale, which was to take in some of Cicero's site. This was now to come down, and so leave Cicero his area, and, I presume, the old porticus Catuli was to be restored.
[395] I.e., my modest reserve. There does not seem any reason for Tyrrell's emendation of num for nam.
[396] I have translated Klotz's text. That given by Prof. Tyrrell is, to me at any rate, quite unintelligible. Cicero's legatio under Pompey appears to have been, in fact, honorary, or libera, for he doesn't seem to have done anything. He wishes to reserve the right of resigning it to stand for the censorship (censors were elected in the following year), or of turning it into a votiva legatio, to visit certain sacred places on the plea of performing a vow, thus getting the opportunity, if he desired it, of retiring temporarily from Rome in a dignified manner. The force of prope seems to be "almost any, I care not what." It was not likely that a man with his stormy past would do for the delicate duties of the censorship, and he would save appearances by going on a votiva legatio. See Letter XLIV.
[397] Facile careo, others read non facile, "I don't like being without a suburban residence."
[398] The thing which brought him "nothing but dishonour" was his quitting Rome, and the consequent expenses connected with winning over friends, or paying for Milo's bravoes to face those of Clodius. In the last part of the sentence he seems to mean that, had his supporters backed him properly, he would have got everything necessary to make good his losses from the liberality of the senate. Others explain that defensores really means Pompey only.
[399] This and the omission of his wife in the next clause, as the similar hint at the end of the last letter, seem to point to some misunderstanding with Terentia, with whom, however, a final rupture was postponed for nearly twelve years (B.C. 46.)
[400] See last letter. The porticus Catuli had been, at any rate, partly demolished by Clodius to make way for his larger scheme of building, which was to take in part of Cicero's "site." See pro Cæl. §79.
[401] Next door to Cicero's own house.
[402] He would avoid prosecution de vi by getting elected to the ædileship for B.C. 56, for actual magistrates were rarely prosecuted; but he, in this case, actually avoided it by getting a consul and tribune to forbid it by edict (pro Sest. § 89).
[403] Designatorem. This may mean (1) an official who shewed people to their places in the theatre; (2) an undertaker's man, who marshalled funerals. To the latter office a certain infamia was attached. We know nothing more of Decimus (see pro Domo, § 50). Gellius was an eques and a stepson of L. Marcius Philippus. He afterwards gave evidence against Sestius for vis (see pro Sest. § 110). Cicero calls him the mover of all seditions (in Vatin. § 4), and one of Clodius's gang (de Har. Resp. § 59). See next letter.
[404] Perhaps by M. Antonius. See 2 Phil. § 21; pro Mil. § 40.
[405] Lit. "made all Catilines Acidini." Acidinus was the cognomen of several distinguished men. In Leg. Agr. ii. § 64, Cicero classes the Acidini among men "respectable not only for the public offices they had held, and for their services to the state, but also for the noble way in which they had endured poverty." There does not, however, seem any very good reason known for their becoming proverbial as the antithesis to revolutionaries.
[407] P. Cornelius Sulla, nephew of the dictator. Cicero defended him in B.C. 62, but he had taken the part of Clodius in the time of Cicero's exile.
[408] Cn. Cornelius Lentulus Marcellinus, the consul-designate for the next year. In that capacity he would be called on for his sententia first.
[409] Q. Cæcilius Metellus Nepos, the consul. Though he had not opposed Cicero's recall, he stood by his cousin, P. Clodius, in regard to the threatened prosecution. Appius is Appius Claudius, brother of P. Clodius.
[410] P. Sestius, the tribune favourable to Cicero, afterwards defended by him.