Page images
PDF
EPUB

and myself free from great care and anxiety if you undertake in compliment to me to resolve that they shall always enjoy your defence. I warmly and repeatedly entreat you to do So."

After writing this letter I devoted myself to my treatise,' which, however, I fear will require to be scored by your red wax 2 in a good number of places. I have been so distracted

and hindered by engrossing thoughts.

DCCLVI (A XV, 25)

TO ATTICUS (AT ROME)

TUSCULUM (28 JUNE)

Do you

As to my journey various opinions are expressed: for I have a great number of visitors. But pray throw yourself heart and soul into that question. It is a serious matter. approve of my idea of returning by the 1st of January? My mind is quite open on the subject-only provided that I do not give offence. I should like to know also the day on which the Olympic games begin. As you say in your letter, chance will decide the plan of my journey. Don't let me

3

1 The de Officiis, which he was composing for the benefit of his son. 2 Wax wafers stuck on to mark places for alteration

3 The text of these two sentences is so corrupt that it is necessary to state distinctly what reading I have adopted. Velim etiam scire quo die Olympia (sint). Ut tu scribis, casus consilium nostri itineris iudicabit. I altogether disbelieve the idea that olim piaculum (for Olympia sint) can be explained by a reference to Clodius's violation of the mysteries of the Bona Dea. That was now nearly eighteen years ago. Its importance is generally exaggerated owing to its immediate effects on Cicero, and it was well forgotten by this time after so many more startling events, and we cannot conceive its influencing the date of Cicero's return. think the mysteria scilicet grew out of a mistaken explanation of a mistaken reading and should be left out. The second reference to mysteria I think refers to the Eleusinian mysteries. Cicero was going to Athens and wished to stay till after their annual celebration (September), but did not wish to stay so late as to have to sail home in the winter if he could help it. The reason he asks about the Olympia is shewn by Att.

I

make up my mind, therefore. For a winter voyage is detestable, and it was on that account I asked you the day of the mysteries. Brutus, as you say, I imagine that I shall probably see. I think of leaving this place on the 30th.

DCCLVII (F VII, 21)

TO C. TREBATIUS TESTA (AT ROME)

(TUSCULUM, JUNE)

He has since been to

I HAVE explained Silius's case to you. see me. When I told him that in your opinion we might safely make that stipulation, “In case the prætor Q. Cæpio, in accordance with his edict, has granted me possession of Turpilia's estate,' ,"1 he remarked, that Servius's doctrine was that a will made by a party who had not the legal power of making one was no will, and Ofilius concurred. He said he had had no talk with you, and asked me to commend his cause to your care. There is no better man, my dear Testa, nor anyone more attached to me than Publius Silius, yourself however excepted.

You will therefore very much oblige me if you will go to him and volunteer your services: and if you love me, do so as soon as possible. I beg you warmly and repeatedly to do this.

xvi. 7. He didn't wish it to be thought that he was going to Greece to attend the Olympic games.

This stipulatio or sponsio was a preliminary proceeding in the case of a dispute as to the validity of a will. The prætor allowed the parties to make a bargain-the heir named in the will took formal possession of the estate, and the party who would be heir if there was no will agreed to pay down some forfeit of money if the decision was against him. The question then nominally tried was, "had the prætor given such a decision?" Of course the real question tried was the validity of the will, which in this case turned on the question whether Turpilia had satisfied all the formal requirements for enabling a woman to make a valid will.

DCCLVIII (F VII, 22)

TO C. TREBATIUS TESTA (AT ROME)

(? TUSCULUM, JUNE)

You jeered at me yesterday amidst our cups, for having said that it was a disputed point whether an heir could lawfully prosecute on an embezzlement which had been committed before he became the owner. Accordingly, though I returned home full of wine and late in the evening, I marked the section in which that question is treated and caused it to be copied out and sent to you. I wanted to convince you that the doctrine which you said was held by no one was maintained by Sextus Ælius, Manius Manilius, Marcus Brutus.1 Nevertheless, I concur with Scævola and Testa.2

DCCLIX (F XI, 29)

TO GAIUS OPPIUS (AT ROME)

(ANAGNIA, JULY)

WHEN I was hesitating-as my friend Atticus knows-about the entire idea of my journey, because many considerations on both sides kept occurring to my mind, your judgment and advice had great weight in clearing away all feeling of hesitation for not only did your letter express your opinion frankly, but Atticus also conveyed to me what you had said by word of mouth. It has ever been my opinion that nothing could exceed your wisdom in conceiving or your honesty in imparting advice. I had a supreme instance of this when I

:

All famous jurisconsults.

* That is, yourself and Q. Mucius Scævola, the great jurisconsult.

wrote to consult you at the beginning of the civil war as to what you thought I ought to do-go to Pompey, or stay in Italy. You advised me to consider what was due to my position.1 That told me plainly what your opinion was; and I admired your honesty and conscientiousness in giving advice. For though you thought that your dearest friend would wish it to be otherwise, your duty to me was of superior importance in your eyes to his wishes. For my part, even before that time I was attached to you, and always felt that you were attached to me. And when I was abroad and in the midst of great dangers, I remember that both I myself in my absence and my family who were at home enjoyed your attentions and protection. Again, after my return I can call all who usually observe such things to witness on what intimate terms you have been with me, and what feelings I have both entertained and avowed in regard to you. But the weightiest expression of your judgment as to my honour and consistency was given by you when, after Cæsar's death, you devoted yourself heart and soul to my friendship. If I fail to justify that judgment by displaying the warmest affection for you and serving you in every possible way, I shall regard myself as a monster of ingratitude. Pray, my dear Oppius, maintain your love for me-though, after all, I say this more because it is usual to say it, than from an idea that you need to be reminded-and continue to protect all my interests. As to what they are I have charged Atticus to enlighten you. As soon as I have secured a little leisure you may expect a longer letter from me. Take good care to keep well; you cannot oblige me more than by doing that.

1 He seems to be referring, though not with very great precision, to the joint letter from Oppius and Balbus in March, B.C. 49. See vol. ii., p. 308 (Fam. ix. 7 a).

DCCLX (A XV, 26)

TO ATTICUS (AT ROME)

ARPINUM, 2 JULY

I SEE that you have done all you can about Quintus's business. For his part, he is hesitating whether to oblige Lepta or to damage his son's credit. I have heard it whispered that Lucius Piso wants to go abroad as a legate in virtue of a forged decree of the senate." I should like to know the truth. That letter-carrier, whom I told you that I sent to Brutus, returned to me at Anagnia on the night of the 30th of June, and brought me a letter, which contained that same request-as unlike as could possibly be conceived to his usually conspicuous good sense-that I should be present at his games.3 I wrote back of course to say, first, that I have already started on my journey, so that it is no longer in my power to do so: and secondly, that it would be the strangest paradox that, while I have not set foot in Rome since this arming began—and that, not so much from consideration of my personal danger as of my self-respectI should suddenly come to the games. For to be giving games at such a crisis is honourable enough for him, because he can't help it; but for me to attend them, as it is not necessary, so neither is it honourable. Of course I eagerly desire them to be largely attended and as popular as possible, and I feel sure they will be so; and I bargain with

1 The younger Quintus seems to have raised money from Lepta, referring him to his father for payment, and the elder Quintus is deliberating whether to honour the draft.

Cicero charges Antony with various forgeries of decrees and other documents (2 Phil. §97, sq.). Cicero has before this period complained of such bogus senatus consulta. See vol. iii., p. 107.

3 The games of Apollo (11th-12th July) which Brutus as prætor urbanus was going to give, though Gaius Antonius as prætor was to preside at them in his absence.

* The enrolling of the six thousand veterans as a guard, and Antony's summons to the legions in Macedonia. See p. 48.

« PreviousContinue »