umquam existimatus. Quid ergo est? Quum ei natura nihil melius quam vocem dedisset, pater nihil praeter libertatem reliquisset, vocem in quaestum contulit; libertate usus est quo impunius dicax esset. Quare quod socium tibi eum velles adjungere nihil erat, nisi ut in tua pecunia condisceret qui pecuniae fructus esset. Tamen inductus consuetudine ac familiaritate Quintius fecit, ut dixi, societatem earum rerum quae in Gallia comparabantur. Erat ei pecuaria res ampla et rustica sane bene culta et fructuosa. Tollitur ab atriis Liciniis atque a praeconum consessu in Galliam Naevius, et trans Alpes usque transfertur. Fit magna mutatio loci, non ingenii. Nam qui ab adolescentulo quaestum sibi instituisset sine impendio, posteaquam nescio quid impendit et in commune contulit, mediocri quaestu contentus esse non poterat. Nec mirum, si is qui vocem venalem habuerat ea quae voce quaesierat magno sibi quaestui fore putabat. Itaque hercule haud mediocriter de communi quidquid poterat ad se in privatam domum sevocabat. Qua in re ita diligens erat, quasi ii qui magna fide societatem gererent

'dicax.' Cicero is generally the best expositor of his own expressions. It was a Roman fashion to try to say good things; a privilege of freemen, however. A slave must keep his wit to himself or his companions. Cicero does not allow an orator to go beyond facetiae.' One kind of facetiae' lay in the ambiguity or double meaning of the expression; and he adds, "is qui appellatur dicax, hoc genere maxime excellit (De Or. ii. 62). But the man who would be dicax' sometimes falls into the vitium scurrile;' he becomes coarse and vulgar. Cicero's remark is good "Temporis igitur ratio, et ipsius dicacitatis moderatio et temperantia, et raritas dictorum, distinguet oratorem a scurra; et quod nos cum caussa dicimus, non ut ridiculi videamur, sed ut proficiamus aliquid, illi totum diem et sine caussa" (De Or. ii. 60). All men talk; but they talk to very different purposes.

:

The meaning of 'praeco' is explained by what follows, and by c. 15. He is a person who cries or calls out any thing aloud, either at sales or on other occasions (c. 5); a crier in a court of justice (Verr. ii. 2. c. 30).

The root of the word is 'con;' but it is doubtful what it really is. See Hor. 1 Sat. 6. v. 86. Naevius was, it seems, a crier at auctions; the man who called out the conditions of sale, and other matters; and the usual place for men of his class was the Atria Licinia (comp. Vol. I. Verr. ii. 3.

c. 62).

Klotz refers to the Tabula Heracl. (Mazochi, p. 415) to show that a praeco' could not, in a Municipium, Colonia, or Praefectura, hold the office of Decemvir, Quatuorvir, or be there a Senator or Decurio. But this Lex was made for the Municipia, Coloniae, and Praefecturae; and the terms of the Lex manifestly do not apply to Rome. Nor does the passage (Cicero, Ad Div. vi. 18), which Klotz quotes-" statim quaesivi e Balbo per codicillos"-prove any thing as to the condition of⚫ 'praecones' at Rome. Neither of these passages proves that they had political incapacities at Rome in consequence of their occupation. But there is little doubt that such an occupation was considered low and mean, though I suppose that a 'praeco' may be as good a man as a senator.

An Atrium was a court or yard surrounded by a portico; also a part of a Roman house. Auctions were held (Cic. in Rull. i. 3), and auctioneers met in places or buildings called Atria.

societas earum, &c.] See Vol. I. Verr. ii. 2. c. 70. This was a limited partnership between Quintius and Naevius; but Naevius put something into the partnership. The matter of the partnership was a farm in Gallia, and stock, sheep, and cattle. The place seems to have been just within the limits of the Roman provincia. The sheepfarming of the Romans in the provinces is discussed under the oration Pro Lege Manilia.

arbitrium pro socio condemnari solerent. Verum his de rebus non necesse habeo dicere ea quae me P. Quintius cupit commemorare; tametsi caussa postulat, tamen, quia postulat, non flagitat, praeteribo. IV. Quum annos jam complures societas esset, et quum saepe suspectus Quintio Naevius fuisset, neque ita commode posset rationem reddere earum rerum quas libidine non ratione gesserat, moritur in Gallia Quintius, quum adesset Naevius, et moritur repentino: heredem testamento reliquit hunc P. Quintium; ut, ad quem summus maeror morte sua veniebat, ad eumdem summus honos quoque perveniret. Quo mortuo, nec ita multo post in Galliam proficiscitur Quintius. Ibi cum isto Naevio familiariter vivit. Annum fere una sunt, quum et de societate inter se multa communicarent et de tota illa ratione atque re Gallicana, neque interea verbum ullum interposuit Naevius aut societatem sibi quidpiam debere aut privatim

There is no MSS. variation in the reading 'arbitrium.' Manutius proposes ad arbitrium;' others propose arbitrio,' and 'ad arbitrum.' See Pro Rosc. Com. c. 9. Graevius supposes that arbitrium' has been transferred into the text from the margin, where it was marked as a word of explanation; but it appears to be genuine.

necesse habeo, &c.] Cicero uses the infinitive in this way (Ad Att. x. 1), "eo minus habeo necesse scribere."

4. moritur repentino:] It is plain that this is intended to bring some suspicion on Naevius. It was a bad habit, as Klotz says, of the Romans, and, I suppose, we may add the Greeks, to insinuate what could not be proved. The German considers that modern practice is quite free from this blame: but he is mistaken there.

summus honos] This is a Roman expression for a Roman notion, which requires explanation. Cicero says (Pro Caecina, c. 4): "usumfructum omnium bonorum Caesenniae legat ut frueretur cum filio. Magnus honos viri jucundus mulieri fuisset, si diuturnum esse licuisset." It was considered a mark of respect to receive a testamentary gift from a kinsman, and to be passed over in his testament was a mark of

disrespect. Augustus (Sueton. 26) did not like being passed over in the testaments of his friends (citra honorem verborum'). This notion was the foundation of the action called Querela Inofficiosi (Testamenti), which might be brought by any kinsman, who in the case of the testator's intestacy, would have been one of his Heredes. The direct object of this action was to obtain a share of the Hereditas: but the ultimate object was the restoration of the injured honour of the complainant, for the omission of his name in the will was an Injuria. It is not known whether this action existed in Cicero's time, but the notion on which it was founded did exist. (Savigny, System, &c. ii. 127.)

nec ita] Neque ita,' K.: 'nec ita:' Orelli and others. Manutius compares' nec ita' with 'nec opinantem.' 'Nec' is sometimes used thus emphatically: "Maherbal cum majore robore virorum missus nec ipse eruptionem cohortium sustinuit." (Liv. xxiii. 18).

societatem sibi] The partnership was dissolved by the death of C. Quintius, according to a fundamental rule of the law of partnership (Gaius, iii. 152); and for a whole year Naevius made no claim in respect of the partnership. P. Quintius succeeded to the share of C. Quintius, whatever it was. Nothing is said as to the division of the property of the former partnership. The small amount of debt (aeris alieni aliquantulum) means debt left by C. Quintius (c. 23) which P. Quintius was bound to pay. The money was payable at Rome, and Naevius, who said that he had money at Rome, offered to

Quintium debuisse. Quum aeris alieni aliquantulum esset relictum, quibus nominibus pecuniam Romae curari oporteret, auctionem in Gallia P. hic Quintius Narbone se facturum esse proscribit earum rerum quae ipsius erant privatae. Ibi tum vir optimus Sex. Naevius hominem multis verbis deterret ne auctionetur; eum non ita commode posse eo tempore quae proscripsisset vendere; Romae sibi nummorum facultatem esse, quam, si saperet, communem existimaret pro fraterna illa necessitudine et pro ipsius affinitate. Nam P. Quintii consobrinam habet in matrimonio Naevius et ex ea liberos. Quia quod virum bonum facere oportebat, id loquebatur Naevius, credidit Quintius eum qui orationem bonorum imitaretur facta quoque imitaturum. Auctionem velle facere desistit: Romam proficiscitur: decedit ex Gallia Romam simul Naevius. Quum pecuniam C. Quintius P. Scapulae debuisset, per

accommodate P. Quintius with it, to save him the trouble of selling some property in Gallia. Some of the commentators take ' ipsius erant privatae,' to refer to C. Quintius, but it ought to mean P. Quintius. It is immaterial however which is meant: it was some property that did not belong to the partnership. It may have been the property of C. Quintius; but it was now the property of P. Quintius, as we must assume, for we are not told that P. Quintius had any property in Gallia except what came to him from his brother. He intended to sell something at Narbo, Narbonne on the Aude, a Roman colony in the Provincia of Gallia Narbonensis, and the second colony which the Romans had settled in that country (B.c. 118).

It is impossible to get a clear notion of the state of affairs between Naevius and P. Quintius from Cicero's statements. The words 'de societate inter se multa communicarent,' have been misunderstood. The partnership was dissolved by the death of C. Quintius, and Naevius and P. Quintius ought to have settled the old partnership account, and it is said that it was settled (c. 6). But it seems that they continued to hold some of the property at least in common, which they could do without any formal agreement, for partnership is one of those contracts which were said to be made 'consensu' (Gaius, iii. 135), without any formal agreement. 'Communicare' is the legal term to express the act of partners making a common stock; and the explanation of the words 'de societate, &c.' is that out of the old partnership stock they made a new partnership. It appears from c. 6

and c. 30 that there was a saltus et ager communis,' and also servi communes.'

'Quibus nominibus' refers to the debts due: see Vol. I. Verr. ii. 1. c. 38. The construction is elliptical, like the following (Verr. ii. 5. c. 69): "Quam non is promulgavit quo nomine proscriptam videtis," except that the antecedent of 'quibus' is omitted, but it is contained in aeris alieni aliquantulum,' an expression equivalent to

nomina,' which explains why nominibus' is added to 'quibus.' 'Curare' is a word used in speaking of payments of money. Cicero says (Ad Att. i. 8): "L. Cincio... pro signis Megaricis.. curavi." See Vol. I. Verr. ii. 2. c. 23.

hominem] Compare Vol I. Verr. ii. 2. c. 28, 'monet hominem.' This use of 'homo merely marks a person emphatically. It is not itself either a word of approbation or disapprobation. Caesar (B. G. v. 58) has 'comprobat hominis consilium fortuna,' which, as Schneider observes, directs attention to the character of the person, whatever it may be.

auctionem] See Vol. I. Verr. ii. 2. c. 19. -proscripsisset:' Vol. I. Verr. ii. 1. c. 15. P. Scapulae] He was one of the creditors of C. Quintius, but he was dead, and the money was to be paid to his children by P. Quintius, who settled (decidit) by means of Aquillius what he should pay. Menar supposes that C. Quintius and P. Scapula had been partners in farming some part of the public revenue, and that there was a debt due from them to the Roman aerarium; and so forth. All this is nothing to the purpose. We do not know what the debt was. It was an amount due in some money

te, Aquilli, decidit P. Quintius quod liberis ejus dissolveret. Hoc eo per te agebatur, quod propter aerariam rationem non satis erat in tabulis inspexisse quantum deberetur, nisi ad Castoris quaesisset quantum solveretur. Decidis statuisque tu propter necessitudinem quae tibi cum Scapulis est, quid iis ad denarium solveretur.

V. Haec omnia Quintius agebat auctore et consuasore Naevio. Nec mirum, si ejus utebatur consilio cujus auxilium sibi paratum putabat. Non modo enim pollicitus erat in Gallia; sed Romae quotidie, simul atque sibi hic annuisset, numeraturum se

or in some thing that had to be reduced to its value in Roman money (ad denarium), and it has been generally assumed that it is the difference in Gallic and in Roman money, which is here alluded to; though there is no proof of that. But it seems that owing to some difference in money of some kind, the amount of the debt as it appeared from the written evidence (tabulae), must be ascertained in Roman denarii. Instead of 'ad Castoris' there is the reading 'ad quaestoris,' 'a quaestoribus,' and 'ad Castoris templum.' Menard followed one of these readings, which shows the reason of his explanation. Graevius cites Juvenal (xiv. 260):

-"aerata multus in arca

would be expressed by 'argentaria ratio.'
He also rejects the explanation which has
been given here, which is the common ex-
planation. He assumes it to be certain
that the words 'aeraria ratio' refer to the
Lex Valeria, by which all debts were reduced
to one fourth (Vell. ii. 4; Cicero, Pro Fon-
teio, c. 1; Sallust, Cat. c. 33). He thinks
that this explains the contrast between
'quantum deberetur' and 'quantum solve-
retur.' He then gives some arguments to
show that this reckoning in consequence of
the Lex Valeria might be a very complicated
thing. I should suppose that it would be a
very simple thing. He fails completely in
explaining' ad denarium.'

There can be little doubt that ad de

"Fiscus, et ad vigilem ponendi Castora narium solvere' means to pay in denarii, or

nummi."

The temple of Castor and Pollux was in the Forum Romanum, and near it were the bankers' counting houses. A man would deposit his money with the banker, who kept a box for each depositor, and placed these boxes for safe keeping in the temple. This is Heinrich's explanation of the passage in Juvenal. The temple was watched. The passage in Cicero then means that it was necessary to go to the banker's at Castor's to ascertain what must be paid in denarii. There are other explanations of this passage. Manutius supposes that ad denarium solvere' means to pay fully, to the last denarius, an explanation which seems to me to be contradicted by the whole passage. He also supposes aeraria ratio to allude to the variation in the value of the money, gold or silver; and he refers to the passage in Cicero (De Off. iii. 20), which speaks of the uncertainty of the value of nummus,' a passage, the exact meaning of which is not clear to me.

Niebuhr rejects the explanation of Manutius, to which he objects among other things that aeraria ratio' can have no reference to the value of money, which

Roman silver coin; and the difficulty is in the words aeraria ratio.' But as 'aes' is a general name for money, including even gold, as Ulpian says, there is no reason why 'aeraria ratio' may not mean the same as argentaria ratio;' and besides this, I find no evidence that 'argentaria ratio' was used in the sense that Niebuhr supposes. It meant something else. The debt of C. Quintius to the heredes of Scapula was payable at Rome (Romae curari oporteret). This is all that we know about the debt. The amount was known from the books or papers (tabulae); but the 'aeraria ratio' made it necessary to ascertain what was to be paid ad denarium.' There seems to be a plain connexion between 'aeraria ratio' and 'ad denarium,' by which I mean that the amount of the debt was to be ascertained in denarii; and this implies that it did not appear from the books what it was in denarii. It might be in some other coin, or even not in money. (Dig. 46. 3. 50, 57.)

5. annuisset,] Lambinus would write innuisset,' because annuere,' he says, means to express assent by a nod. If annuisset' is right, it means as soon as he signified that he wanted the money.

dicebat. Quintius porro istum posse facere videbat; debere intelligebat: mentiri, quia caussa cur mentiretur non erat, non putabat: quasi domi nummos haberet, ita constituit Scapulis se daturum. Naevium certiorem facit: rogat ut curet quod dixisset. Tum iste vir optimus, (vereor ne se derideri putet, quod iterum jam dico, optimus,) qui hunc in summas angustias adductum putaret, ut eum suis conditionibus in ipso articulo temporis astringeret, assem sese negat daturum, nisi prius de rebus rationibusque societatis omnibus decidisset, et scisset sibi cum Quintio controversiae nihil futurum. Posterius, inquit, ista videbimus, Quintius; nunc hoc velim cures, si tibi videtur, quod dixisti. Negat se alia ratione facturum quod promisisset; non plus sua referre, quam si, quum auctionem venderet, domini jussu quidpiam promisisset. Destitutione illa perculsus Quintius a Scapulis paucos dies aufert: in Galliam mittit, ut ea quae proscripserat venirent: deteriore tempore absens auctionatur: Scapulis difficiliore conditione dissolvit. Tunc appellat ultro Naevium ut, quoniam suspicaretur aliqua de re fore controversiam, videret ut quam primum et quam minima cum molestia tota res transigeretur. Dat iste amicum M. Trebellium: nos communem necessarium, qui istius domi erat

constituit] This is a technical term, which signifies the promise to pay an existing debt. The money was due to the Scapulae, and Quintius named a time for payment. See Dig. 13, tit. 5, De pecunia constituta.' Ulpian (Dig. 13. 5. 5) says: "Eum qui Ephesi promisit se soluturum, si constituat alio loco se soluturum, teneri constat." The words of the edict show what constituere' is: 'Qui pecuniam debitam constituit.' Cicero uses the word 'constituere' elsewhere (Ad Att. i. 7). The constitutum gave a new right of action, Constitutoria Actio, in which however the acknowledgment of the prior obligation was implied.

facturum quod promisisset;] Lambinus, who has been followed by all the editors, I believe, except Keller, points it thus: "facturum; quod promisisset, non plus &c."auctionem vendere :' this expression does not occur elsewhere; and several MSS. have auctione vendere.' Turnebus compares auctionem vendere' with Caesar's expression (B. G. iii. 33), 'sectionem ejus oppidi universam Caesar vendidit.'

Naevius says that his promise did not concern him any more than if, when he was acting as auctioneer, he said or promised any thing according to the instructions of

VOL. II.

the vendor (dominus). Keller observes on this passage: "Jus autem hujus loci pessime Klotzius interpretatus est.' Naevius was not bound by his promise to Quintius: it did not make an Obligatio. I don't see what more is meant.

aufert:] He gets a few days,' as we say. Cicero often uses auferre' in this or a like sense. "Ita Pamphilus scyphos optimos aufert" (Verr. ii. 4, c. 14), Pamphilus saves his precious cups.' See also c. 9.

4

appellat ultro] "Then Quintius on his part calls on Naevius.' He does not wait for Naevius to apply to him. Or it may mean, 'After settling with the Scapulae, he proceeds to deal with Naevius.' See Vol. I. Verr. ii. 2. c. 2, and ii. 3. c. 98. Ovid (Met. iii. 457), has explained ultro' in the story of Narcissus :

"Spem mihi nescio quam vultu promittis amico,

Cumque ego porrexi tibi brachia, porrigis ultro."

transigeretur.] See Vol. i. Verr. ii. 2. c. 32. Ulpian (Dig. 2. 15. 1) explains the term: "Qui transigit, quasi de re dubia et lite incerta neque finita transigit; qui vero paciscitur, donationis caussa rem certam et indubitatam liberalitate remittit."

C