civitatis nemini reddita. De te autem homines quid sentiant, in honore experti sumus, in salute exspectamus. Sed tamen ne me cum his principibus civitatis, qui adsunt P. Sestio, sed ut tecum, cum homine uno non solum impudentissimo * * * et mihi inimicissimo, quaero, Vatini, utrum tandem putes, huic civitati, huic rei publicae, huic urbi, his templis, aerario, curiae, viris his quos vides, horum bonis, fortunis, liberis, civibus ceteris, denique deorum immortalium delubris, auspiciis, religionibus melius fuisse et praestabilius, me civem in hac civitate nasci an te? Quum mihi hoc responderis, aut ita impudenter ut manus a te homines vix abstinere possint, aut ita dolenter ut aliquando ista quae sunt inflata rumpantur, tum memoriter respondeto ad ea quae de te ipso rogaro. V. Atque illud tenebricosissimum tempus ineuntis aetatis tuae patiar latere. Licet impune per me parietes in adolescentia perfoderis, vicinos compilaris, matrem verberaris. Habeat hoc praemii tua indignitas, ut adolescentiae turpitudo obscuritate et sordibus tuis obtegatur. is plain enough from this passage: 'the office was conferred with such good-will on the part of the Roman people on a few and on me.' Like many expressions in common use this was sometimes used with less grammatical exactness; but the meaning was understood. Caesar (B. G. i. 28) says: "quosque postea in parem juris libertatisque conditionem atque ipsi erant receperant." in honore] In his election to the quae storship (c. 5), and his rejection, when he was a candidate for the aedileship (c. 16).— in salute:' on his trial, for his prosecution by C. Licinius Calvus was already begun, says the Scholiast, whom Mommsen corrects by stating that Calvus had not commenced the prosecution, but was preparing it. tecum] sed ut tecum cum' P. 'sed ut tecum' G. The common reading issed ut cum homine.' non solum •* *] I have followed Halm here. There is something wanting in the text.-' viris his quos vides:' the judices on the trial of P. Sestius (Manutius). hoc responderis] Garatoni warns us against altering this to ad hoc,' and so making it like respondeto ad ea;' and he refers us to c. 7, "simul etiam illud volo uti respondeat," and c. 17. A man who has read carefully would never think of altering hoc responderis,' which is a common form. Garatoni compares it with the Greek τοῦτο ἀποκρίνεσθαι. Caesar says 'his respondere' and ad haec respondere.' ista quae inflata rumpantur] Lambinus 4 wrote 'ista ilia quae,' 'ilia ' being added by Giunta. Cicero means the man's arrogance and the nimius tumor animi' as the Scholiast says, and also his personal deformity, his 'strumae.' memoriter] 'fully and truly,' so as to forget nothing, as Madvig explains it Ad Cic. de Finibus, p. 74 (Halm); who also refers to what Seyffert says on this word (Cicero, Laelius, p. 9). Seyffert says that the proper signification of 'memoriter' is ex memoria,' out of a man's own recollection.' That' memor' and 'memoriter should by virtue of the context imply 'fully and truly is simple; but Seyffert is right in looking to the primary meaning, and so we should here. Cicero says, 'then out of your memory answer.' What else was he to answer from? He is told to answer as well as his memory will serve him. It is plain from the questions put to him, that he would neither answer fully nor truly, if he did answer; nor would Cicero expect an answer. But he tells him to consult his memory and do his best. What the 5. parietes.. perfoderis] Greeks named Totxwpvxɛiv, to break into houses and rob. These men the Romans called effractores.' Hermann warns us against supposing that Cicero charges Vatinius with these particular offences. If any reader feels the necessity of the warning, he has it. hoc praemii:' hoc praemium G. But the genitive is the genuine form here: Let your worthlessness get so much Quaesturam petisti cum P. Sestio, quum hic nihil loqueretur nisi quod agebat, tu de altero consulatu gerendo te diceres cogitare. Quaero abs te teneasne memoria, quum P. Sestius quaestor sit cunctis suffragiis factus, tunc te vix invitis omnibus non populi beneficio sed consulis extremum adhaesisse? In eo magistratu, quum tibi magno clamore aquaria provincia sorte obtigisset, missusne sis a me consule Puteolos, ut inde aurum exportari argentumque prohiberes? In eo negotio, quum te non custodem ad continendas, sed portitorem ad partiendas merces missum putares, quumque omnium domos, apothecas, naves furacissime scrutarere, hominesque negotii gerentes judiciis iniquissimis irretires, mercatores e navi egredientes terreres, conscendentes morarere, teneasne memoria tibi in conventu Puteolis manus esse allatas, ad me consulem querelas Puteolanorum esse delatas? Post quaesturam as this.'-' sordibus tuis :' here he means the meanness of his way of living. See c. 1. P. Sestio] He was the quaestor of C. Antonius, Cicero's colleague in the consulship (Pro Sestio, c. 3).- nisi quod agebat :' he spoke of nothing except the business in hand, the quaestorship, while Vatinius was talking even about a second consulship. a vote. non populi beneficio] The office conferred by the popular vote was said to be given by the beneficium' of the Pop. Rom. (Verr. ii. 1, c. 5, note; Pro Murena, c. 1.) It could not be conferred by the beneficium' of the Consul in the same sense in which it was conferred by the Populus, by It was therefore done some other way, and the plain conclusion is that of Ferratius, that it was done by fraud, by a false return. He stuck on at the end' (extremum adhaesisse). Manutius remarks that there were now twenty quaestors under a Lex enacted in Sulla's time, the number before him having been eight. (Tacit. Ann. xi. 22.) aquaria provincia] It cannot be the Ostiensis Provincia (Pro Murena, c. 8), as some suppose. The context shows that it was Baiae, a place of resort for its hot springs, whence it was sometimes called the waters (aquae) (Pro Plancio, c. 27; ad Att. xiv. 12). The people did not like this Provincia falling to the lot of Vatinius, because he would have the care of the imports, and particularly of the corn.-Puteolos it was a great emporium in Cicero's time, as Festus (Paul. Diac. p. 122, Muell. quoted by Halm) says: "Minorem Delum Puteolos esse dixerunt, quod Delos aliquando maximum emporium fuerit totius Pro Flacco, c. 28, the Jews were forbidden to export the precious metals. The Romans tried to keep the gold and silver in Italy, but they could not. The coin was wanted to pay for the imports into Italy. They had nothing else to buy them with. Vol. ii. The Province ASIA, p. 288. portitorem] The 'portitores' were those who farmed the custom-house duties; and they had the right of demanding the port duties, or taking, we may suppose, an equivalent out of the goods themselves (ad partiendas merces).-apothecas:' the warehouses which Vatinius rummaged, as Cicero says. negotii gerentes] "negotium G. corr. m. 2" (Halm). See Pro Sestio, c. 45.-'in conventu :' conventus signifies both a place in a Provincia where men met to have their disputes settled in court, and also the meeting of the people for that purpose. But Halm observes that Puteoli was a Praefectura, and that there is no evidence that the courts held in Praefecturae were ever called 'conventus.' Abrami supposed that this was a 'conventus negotiatorum,' a meeting of the merchants at Puteoli for purposes of business. Hermann supposes it to be the body of the coloni of Puteoli (consilium publicum) who met for the affairs of the colony. But the merchants who were vexed and plagued might not be Coloni; and we assume that it was in some meeting, when the merchants were assem exierisne legatus in ulteriorem Hispaniam C. Cosconio pro consule? Quum illud iter Hispaniense pedibus fere confici soleat, aut, si qui navigare velit, certa sit ratio navigandi, venerisne in Sardiniam atque inde in Africam? fuerisne, quod sine senatusconsulto tibi facere non licuit, in regno Hiempsalis? fuerisne in regno Mastanesosi? venerisne ad fretum per Mauritaniam? Quem scias umquam legatum Hispaniensem istis itineribus in illam provinciam pervenisse? Factus es tribunus pl.-quid enim te de Hispaniensibus flagitiis tuis, sordidissimisque furtis interrogem?-quaero abs te primum universe, quod genus improbitatis et sceleris in eo magistratu praetermiseris? Ac tibi jam inde praescribo, ne tuas sordes cum clarissimorum virorum splendore permisceas. Ego te quaecumque rogabo de te ipso rogabo, neque te ex amplissimi viri dignitate, sed ex tuis tenebris extraham: omniaque mea tela sic in te conjicientur, ut nemo per tuum latus, quod soles dicere, saucietur: in tuis pulmonibus ac visceribus haerebunt. VI. Et, quoniam omnium rerum magnarum ab diis immortalibus principia ducuntur, volo ut mihi respondeas, tu, qui te Pythagoreum soles dicere et bled, that violent hands were laid on Vatinius. ulteriorem Hispaniam] Spain at this time was divided into two Provinciae (Pro Fonteio, c. 7). The subdivision of Ulterior into two parts, one of which was called Lusitania, was made in Augustus' time. pro consule] C. Cosconius was praetor in Cicero's consulship, and afterwards had the Ulterior Hispania, with the title of Proconsul. Pro Sulla, c. 14. In c. 7 another C. Cosconius is mentioned, who was a colleague of Vatinius in his tribunate, and a Judex on the trial of Sestius. pedibus confici] The Romans generally went to Spain by land, through the south of France; but the shortest road to the Ulterior Provincia was by sea. However Vatinius ought to have gone direct to his province. Abrami quotes Ulpian, De Officio Proconsulis, Dig. 1. 16. 4, § 5: "Ingressum etiam hoc eum observare oportet, ut per eam partem provinciae ingrediatur, per quam ingredi moris est" &c. sine senatusconsulto] See In Pison. c. Pro Rabirio Post. c. 8. 21; Halm suspects that Vatinius was sent by C. Caesar to visit Hiempsal's kingdom; for Caesar defended (B. C. 62) at Rome an African prince Masinissa or Masintha against the claims of this Numidian king Hiempsal (Drumann, Geschichte Roms, iii. 185). Mastanesosi] Nobody knows what this is. The fretum' is the strait of Gibraltar, which Vatinius crossed to pass into Spain. jam inde] Garatoni could not understand this inde.' It refers to the very beginning of Vatinius' tribunate: 'And I give you notice now from the commencement of your tribunate not to mix up your dirty tricks with the high reputation of the most illustrious men.' The most illustrious is C. Caesar, whose tool Vatinius was in Caesar's consulship B.C. 59, the year of Vatinius' tribunate. Cicero was now on good terms with Caesar, who was pursuing his victorious career in Gallia, or he thought it prudent to pretend that he was. (B.C. 56). Cn. Pompeius too was now Caesar's son-in-law; and Pompeius had helped to Cicero's restoration. per tuum latus] Abrami quotes Livy 40, c. 9: "nec per meum latus tu petaris." He would not wound Caesar through Vatinius. 6. Pythagoreum] The Scholiast speaks of Nigidius Figulus, a Pythagorean of this time, ad quem plurimi conveniebant.' Pythagoras had a great name, and he was far enough removed from this time to have all kinds of absurdities fathered on. Cicero (De Legg. ii. 11) calls him 'doctissimus.'— 'susceperis:' 'succeperis' P. Halm, who says that Cicero perhaps used this form of hominis doctissimi nomen tuis immanibus et barbaris moribus praetendere, quae te tanta pravitas mentis tenuerit, qui tantus furor, ut, quum inaudita ac nefaria sacra susceperis, quum inferorum animas elicere, quum puerorum extis deos manes mactare soleas, auspicia, quibus haec urbs condita est, quibus omnis res publica atque imperium tenetur, contempseris, initioque tribunatus tui senatui denuntiaris, tuis actionibus augurum responsa atque ejus collegii arrogantiam impedimento non futura? Secundum ea quaero servarisne in eo fidem? num quando tibi moram attulerit quo minus concilium advocares legemque ferres, quod eo die scires de caelo esse servatum? Et quoniam hic locus est unus quem tibi cum Caesare communem esse dicas, sejungam te ab illo, non solum rei publicae caussa, verum etiam Caesaris, ne qua ex tua summa the word only in the phrase 'sacra succi- puerorum extis] Abrami observes that Pythagoras could not be charged with this, for he killed nothing that had life. Gregorius of Nazianzus and others accused Julian the emperor of doing this; which is an invention of their own. Juvenal, Sat. vi. 550, says, Armenius vel Commagenus haruspex Pectora pullorum rimabitur, exta catelli, Interdum et pueri." Ammianus (xxix. 2) tells a story of one Pollentianus, a tribunus in the time of Valens, cutting open a pregnant woman and taking the child out for the purpose of calling up the manes to know if there was to be a change in the empire. Lindenbrog in his note quotes a like story about the Emperor Maxentius from Eusebius (Hist. Eccles. viii. c. 14), and he also tells the story about Julian, giving his authorities. mactare] to appease' or 'please.'--'auspicia: Bibulus the consul, Caesar's colleague, is said 'servasse de caelo,' in order to prevent the Leges of Caesar from being carried, but Caesar and Vatinius cared not for his religious objections (Sueton. Julius, c. 20). See De Lege Agraria, 11. 12, note on auspicia.' Rome was founded under the auspicia: " 'qua gloria parta urbem auspicato condere et firmare dicitur (Romulus) primum cogitavisse rem publicam" (Cicero, de Re Publica ii. 3, and 9). Every thing was done at Rome with a religious ceremonial. The safety of the state depended on the observance of religious forms. Machiavelli (Discorsi, i. c. 12) has examined this matter and placed in contrast the Roman strict observances of religion with the neglect of their religion by the Christians, to which neglect of the Church of Rome he ascribes the ruin of Italy. fidem] He asks if he kept his promise. He means that he did.-'de caelo servatum :' see De Domo, c. 15, note.-' hic locus est unus' de auspiciis neglectis' (Halm), who says that Osiander (see Vol. iii. Index) ought to have translated 'quem.. dicas' thus, von dem du etwa behaupten könntest.' I suppose this unlucky translator missed the meaning of the subjunctive in his version. Cicero does not say 'quem dicis,' which you say,' but he says, 'this is the only matter in which you can say.' rei publicae caussa] For it would cause disturbance, says Goveanus, if the Leges of Caesar should be declared null for informality, particularly his Agraria Lex.- quod facit Caesar:' Caesar had submitted his Lex Agraria to the Senate for their approbation (Dion 38, c. 2; Sueton. Caesar, c. 23). Cicero, who did not like the Lex, had retired into the country to avoid being present. indignitate labes illius dignitati aspersa videatur. Primum quaero, num tu senatui caussam tuam permittas, quod facit Caesar? deinde, quae sit auctoritas ejus, qui se alterius facto, non suo defendat? deinde, erumpet enim aliquando ex me vera vox et dicam sine cunctatione quod sentio, si jam violentior aliqua in re C. Caesar fuisset, si eum magnitudo contentionis, studium gloriae, praestans animus, excellens nobilitas aliquo impulisset, quod in illo viro et tum ferendum esset et maximis rebus quas postea gessit oblitterandum, id tu tibi, furcifer, sumes, et Vatinii latronis ac sacrilegi vox audietur hoc postulantis, ut idem sibi concedatur quod Caesari? VII. Sic enim ex te quaero. Tribunus pl. fuisti: sejunge te a consule: collegas habuisti viros fortes novem. Ex iis tres erant, quos tu quotidie sciebas servare de caelo, quos irridebas, quos privatos esse dicebas, de quibus duos praetextatos sedentes vides, te aediliciam praetextam togam quam frustra confeceras vendidisse, tertium scis ex illo obsesso atque afflicto tribunatu consularem nobilitas] As Manutius reminds us, Caesar in his funeral oration over his aunt Julia derived his pedigree from Venus, which is certainly an antient pedigree; like that of the Antonii, who came from Anton, a son of Hercules, and thus ultimately from Jupiter (Plutarch, Antonius, c. 4). Halm has the following remark: "noblemen (viri nobiles) think they may do many things, which men of plebeian stock are not allowed to do with impunity, and then they very readily allow themselves to be hurried somewhither (aliquo), when they see that their plans are opposed." I suppose it is so, as he tells us that it is. maximis rebus] It was now the third year of Caesar's Gallic war, and he had done very great things (maximis rebus). He had slaughtered the Helvetii, driven Ariovistus and his Germans into the Rhine, broken the Belgian confederation in the bloody fight on the Sambre, and reduced all Gallia to submission (B. G. ii. 35). Cicero's argument is ludicrous and very disgraceful to him. Caesar had done many things in his consulship which Cicero disapproved, and though Caesar had submitted his Lex Agraria to the Senate, he afterwards did not trouble himself about getting their previous approbation. κἀκ τούτου οὐδ ̓ ἄλλο τι τῷ γερουσίᾳ ἐν τῇ ἀρχῇ ταύτῃ ἐπεκοινώνησεν, ἀλλ' ἐς τὸν δῆμον ἀντικους πάνθ' ὅσα ἐβούλετο ioipeper (Dion 38, c. 4). Cicero's argument is this: If such a great gentleman as C. Caesar was hurried on to some irregularities, such a dirty fellow as you must not claim the same licence. 7. tres erant] The Scholiast supposes them to be Domitius Calvinus, Q. Ancharius, and C. Fannius. See Pro Sestio, c. 36, on the intercessio' of the tribuni. Vatinius treated his colleagues as if they were private persons (privatos dicebat), who had no power servare de caelo.'-'praetextatos sedentes:' they were praetors, and Vatinius could see them, or Cicero says that he could, sitting in their dress on the Sella curulis. 6 The Scholiast in his lemma omits the word aediliciam,' and the omission is approved by Madvig, for these reasons: The words praetexta toga' ought to be referred to 'praetextatos,' and not the word 'aedilicia ;' at least ‘aedilicia' ought not to be placed first: it was not an aedilicia toga,' for Vatinius had not been elected aedile; and the adjective so placed would signify that the praetexta of all the magistratus was not the same; which, as he says, is false. Halm, who answers these objections, says they are acute. Quite the contrary, I think. All we have to do is to give some reason why the Schol. omits the word, and as Orelli observes, the Schol. often omits in the lemma that which can be omitted without any injury to the meaning. Vatinius had ordered his official dress before the election was over. One has heard of such mistakes in our own times; of a man getting a new card plate rather too soon. Cicero (Ad Fam. ii. 16) says: Togam praetextam texi Oppio puto te audisse." tertium... consularem] C. Fannius (Pro Sestio, c. 53). Fannius behaved so |