Cornelia, as we may conclude from a passage of Suetonius (Caesar, c. 76).

I do not accept all this even as a probable conjecture. As to the assumption that Tubero being a jurist, or a man acquainted with law, would not accuse another without having a Lex to found his charge upon, the answer is, that Tubero having failed in this matter left the business of oratory and turned jurist, and he became a distinguished lawyer (Pomponius, Dig. i. 2. 2, § 46). As to the charge of Perduellio or Majestas, there is nothing in this oration that justifies the assumption that he was tried on this charge, or that he was tried on any charge. Caesar was Dictator, and had the power of keeping his enemies out of Rome and Italy, if he liked. It must be admitted that Cicero dexterously covers over that part of Ligarius' conduct which was most offensive to Caesar, his resistance in Africa; but if Ligarius was tried, we may certainly affirm that the speech would show what he was tried for. The speech shows plainly that it was no trial, for Ligarius was not at Rome to be tried. The only matter on which the speech turns is whether Caesar will pardon Ligarius and allow him to return to Rome, not whether he will acquit him or inflict a penalty on him. Pomponius' statement is the true reason why Tubero opposed Ligarius' brothers and Cicero when they were soliciting Quintus' pardon, and Ligarius' hostility to Caesar during the African campaign was the matter which Tubero urged to show that Ligarius ought not to be pardoned and allowed to return from exile. Tubero, though a pardoned man himself, could say that he gave up the contest when he saw that Caesar had defeated his great opponent, and he could urge with some reason against Ligarius, both the treatment that he had received from him before Utica, at a time when they were both on one side, and the further fact that Ligarius remained with the partizans of Cn. Pompeius in Africa after Pompeius' death, and did all that he could against Caesar, even when victory had declared for him, and Rome and the senate had submitted. Caesar had particular reasons for being irritated against the men who fought in this African war, a campaign in which he had the greatest difficulties to encounter, and in which he showed all his great talents (Ad Div. vi. 13). It is no wonder if he felt resentment against Q. Ligarius, one of the few men of any note who survived a war which was as hazardous to Caesar as his campaign against Pompeius in Epirus and Thessaly'. Ligarius and others who still held out with the help of Juba and his Africans, might be considered as resisting the majesty of Rome, and

1 This is one of the campaigns which Guischardt has explained in the second volume of his "Mémoires militaires sur les Grecs et les Romains." La Haye, 1758.

as guilty of Majestas, by Caesar or his flatterers. But whether this stubborn resistance was so considered or not, there was no trial for Majestas or any thing else in the case of Ligarius.

This speech was delivered in B.C. 46, and before Caesar set out to Spain on his last campaign. Ligarius was pardoned, and like many others he repaid Caesar's generosity by becoming one of his assassins. It was Caesar's fortune to get the victory over all his enemies, and to perish by the hands of those whom he thought that he had made his friends. The dictator Sulla spared no enemy, and he died a natural death. Ligarius himself got his deserts, if he was one of the two brothers Ligarii who perished in the proscriptions of the Triumviri (Appian, B. C. iv. 22). Appian (iv. 23) mentions another Ligarius who perished also, but he does not describe him as a brother.

This speech belongs to that class of orations which were included under the term Deprecatio, and this is the only example of the kind. among Cicero's speeches. There is a definition of Deprecatio by the Auctor ad Herennium (i. c. 14): "Deprecatio est, quum et peccasse se et consulto fecisse reus confitetur, et tamen postulat ut sui misereantur. Hoc in judicio non fere potest usu venire, nisi &c. Ergo in judicium non venit; at in Senatum, aut ante imperatorem et in consilium talis caussa potest venire." Quintilian also (v. 13, 5) has some remarks on Deprecatio. (See also this oration, c. 10 note.)

This speech was circulated in writing by the copies which Atticus' Librarii made of it. Balbus and Oppius admired it, and they sent Caesar a copy when he was in Spain, B.C. 45 (Ad Att. xiii. 12 and 19). It seems that we have the speech in the form in which it was delivered, for Cicero says that he would not add any thing that might offend Tubero, who was extremely apt to take offence (Ad Att. xiii. 20). Drumann remarks that in this speech Cicero preserved the dignity and freedom of a republican, and showed also the tact and cautious reserve of a courtier. The case indeed was not easy to handle, and if Caesar had not been generous and fearless, ready to pardon a man who might still remain his enemy, like the other Ligarius whom he had punished for his baseness, the orator with all his skill might have pleaded in vain. Cicero's republican freedom however is only false appearance. It was flattery under the guise of free speaking. Drumann also observes that Wolf has not attacked the genuineness of this speech; an observation which has as little sense in it as if he had said that Wolf had not attacked the genuineness of all the speeches. This at least is safe from suspicion. It is in its kind a perfect composition.

This oration is edited by Baiter in Orelli's Cicero. The following are the abbreviations of the MSS. which he has used :

:

VOL. IV.

D d

G cod. Gemblacensis, nunc Bruxellensis n. 5345 a me collatus. Ecod. Erfurtensis, nunc Berolinensis.

S = Scholiastae Gronoviani lemmata (M. Tullii Ciceronis Scholiastae P. ii. p. 415).

There is an edition of the Pro Ligario by Halm (Ciceros Ausgewählte Reden), Leipzig, 1853, with a Preface, which I have used.

M. TULLII CICERONIS

ORATIO PRO Q. LIGARIO

AD C. CAESAREM.

I. NOVUM crimen, C. Caesar, et ante hunc diem non auditum propinquus meus ad te Q. Tubero detulit, Q. Ligarium in Africa fuisse; idque C. Pansa praestanti vir ingenio fretus fortasse familiaritate ea quae est ei tecum ausus est confiteri. Itaque quo me vertam nescio. Paratus enim veneram, quum tu id neque per te scires neque audire aliunde potuisses, ut ignoratione tua ad hominis miseri salutem abuterer. Sed quoniam diligentia inimici investigatum est [id] quod latebat, confitendum est, opinor, praesertim quum meus necessarius Pansa fecerit ut id integrum jam non esset; omissaque controversia omnis oratio ad misericordiam tuam conferenda est, qua plurimi sunt conservati, quum a te non libera

1. Novum crimen... detulit] So Quintilian (xi. 3. 108) quotes this passage; and 'novum crimen non auditum' (xi. 3. 110). G. also has 'non auditum, and Baiter. E. has 'inauditum.' There is 'ironia' at the commencement. Quintilian (iv. 1. 38), quoted by Halm, says "Imminuenda quaedam et elevanda et quasi contemnenda esse consentio ad remittendam intentionem judicis quam adversario praestat, ut fecit pro Ligario Cicero. Quid enim agebat aliud ironia illa quam ut Caesar minus se in rem tanquam non novam intenderet?" This is in the chapter in which Quintilian treats of the principium' or 'exordium' of the speech; the Greeks named it πpooiμtov. Though inauditum' and 'non auditum' may mean the same, the negative 'non' has a better effect in this passage. propinquus] The degree of kinship is not known. We can only conjecture with the old commentators that L. Tubero, the

father of Quintus, may have married some woman of the Tullia Gens. But in that case there would only be 'affinitas' between Cicero and Tubero (c. 7).—'in Africa fuisse:' nobody knew this better than Caesar, for he took Ligarius prisoner in Adrumetum, and spared his life (Introd.). The irony is continued all through the speech whenever Tubero is spoken of.

C. Pansa] C. Vibius Pansa, consul with A. Hirtius in B.C. 43.

scires] scire' C., which Patricius suggested in place of 'scires.'-' abuterer:'' to take advantage of.' 'Abuti' means 'to consume in the use.' See Index, Vol. i. integrum non esset] Patricius says "What if I read: ut id negare integrum non esset?'" This is the meaning, I think: 'since Pansa's conduct has not left me the power of denying,' and the notion 'negare' must be got out of 'confitendum.' Patricius explains the common text thus:

tionem culpae, sed errati veniam impetravissent. Habes igitur, Tubero, quod est accusatori maxime optandum, confitentem reum, sed tamen hoc confitentem se in ea parte fuisse, qua te, Tubero, qua virum omni laude dignum patrem tuum. Itaque prius de vestro delicto confiteamini necesse est quam Ligarii ullam culpam reprehendatis.

Quintus enim Ligarius, quum esset nulla belli suspicio, legatus in Africam cum C. Considio profectus est, qua in legatione et civibus et sociis ita se probavit ut decedens Considius provincia satis facere hominibus non posset, si quemquam alium provinciae praefecisset. Itaque Ligarius, quum diu recusans nihil profecisset, provinciam accepit invitus, cui sic praefuit in pace ut et civibus et sociis gratissima esset ejus integritas ac fides. Bellum subito exarsit, quod qui erant in Africa ante audierunt geri quam parari. Quo audito partim cupiditate inconsiderata, partim caeco quodam timore, primo salutis, post etiam studii sui, quaerebant aliquem ducem, quum Ligarius domum spectans, ad suos redire cupiens, nullo se implicari negotio passus est. Interim P. Attius

"ut mihi de hac caussa, tanquam de re integra et nondum in alteram partem praeoccupata minime liceat deliberare."

Habes igitur... reum] Quintilian (ix. 2. 51) calls this "confessio nihil nocitura," for it is an admission of a fact, but of a fact which equally affects the accuser. Quintilian (iv. 1. 67, quoted by Halm) has a good remark on this conclusion of the Exordium, where he is examining whether in the Exordium it is allowable to turn from the Judex and address the Adversarius. This figure was called aπоσтроpý, and some writers thought that it was not allowable in the Exordium. There is a plain reason for this rule. We should address those first, and those only, whom we wish to conciliate. The writers on the Artes, says Quintilian, do not forbid the use of this figure in the Exordium because it is against the rules, but because they do not think that it is prudent; and accordingly, says Quintilian, "si vincet utilitas, propter eandem caussam facere debebimus, propter quam vetamur. Et Demosthenes ad Aeschinem orationem in prooemio convertit, et Marcus Tullius, quum pro aliis quibusdam ad quos ei visum est, tum pro Ligario ad Tuberonem. Nam erat multo futura languidior, si esset aliter figurata; quod facilius cognoscet si quis illam totam partem vehementissimam, cujus haec forma est, Habes igitur. Tubero' et cetera, convertat ad judicem; tum enim vere aversa videatur oratio et languescat vis omnis

dicentibus nobis, Habet igitur Tubero... optandum.' Illo enim modo pressit atque institit; hoc tantum indicasset.'

Quintus enim] Here the Narratio begins, the nature of which Quintilian examines at length (iv. 2), and this Narratio very particularly (iv. 2. 108). He says "Argumentabimur in narratione, ut dixi, numquam : argumentum ponemus aliquando, quod facit pro Ligario Cicero, quum dicit sic eum provinciae praefuisse ut illi pacem esse expediret. Inseremus expositioni et brevem quum res poscet defensionem, et rationem factorum. Nec enim narrandum est tanquam testi, sed tanquam patrono."

qua in legatione] This is a usual Roman form of expression, the repetition of the antecedent with the relative, or the use of a word with the relative, which refers to the antecedent in substance, though not in grammatical form. It is common in Caesar, the most perspicuous and precise of all writers: "Helvetii legatos ad eum mittunt, cujus legationis Divico princeps fuit" (B. G. i. 13).

sociis] The Provinciales. Considius made Ligarius the temporary governor of the province, because the people wished it. When a governor left his province before the arrival of his successor, it was usual for him to give the temporary administration to the Quaestor, as Cicero says in several letters (Ad Div. ii. 15 and 18).

studii sui] They looked for some leader,