Letter · 4 March 53 BC · Romae

Ad Familiares 7.13

Ad Familiares 7.13

Headnote

Cicero to C. Trebatius Testa in Gaul, written from Rome on 4 March 53 BC. Trebatius has evidently complained that Cicero’s correspondence had lapsed and has read the silence as pique; Cicero answers that the lapse was practical (he did not know where his friend was), then turns the complaint back on its author. The little flight of mock indignation in the first paragraph — “which is it that makes you so haughty, your purse, or that the imperator consults you?” — belongs to the running joke of the Trebatius series: Cicero pretending to take umbrage at the airs his young protégé has acquired on Caesar’s staff, and playing on the double sense of consuli, “to be consulted” as a jurist and “to be looked after” as a friend, with the extra pun on inaurari, “to be gilded.”

The second paragraph is sustained legal joking. In Gaul, Cicero says, property is not claimed by the formal civil procedure of manum consertum — the symbolic laying-on of hands at the disputed object — but by the sword; and the standard interdict against forcible entry, with its exception “provided that you have not been the first to come with armed men and force,” is no protection where the disputants are barbarians. The closing pun is on the Treveri tribe (whose territory lay near Caesar’s winter quarters) and on the old legal tag aere, argento, auro, “of bronze, silver, and gold,” from the formulae about coined metal: the Treveri, he is told, are capital fellows — meaning both deadly and, in legal parlance, liable to the capital sentence — but he would rather they were the harmless kind associated with the formula. The lawyerly wit is the whole point of the letter, and the matter-of-fact dating subscription D. IIII non. Mart. is preserved as Cicero wrote it.

Did you really think me so unjust as to be angry with you because you struck me as insufficiently steady and rather too eager to come home, and that this was the reason I had not written to you for so long? The agitation of mind which I perceived in your first letters distressed me; and there was no other cause for the lapse in my correspondence than that I plainly did not know where you were. And now you actually accuse me on top of it, and will not accept my explanation? Listen, my dear Testa: which is it that makes you so haughty — your purse, or that the imperator consults you? May I die if I do not believe, knowing your taste in glory, that you would rather be consulted by Caesar than gilded by him. But if it is both at once, who will put up with you besides me, who can put up with anything?
adeone me iniustum esse existimasti ut tibi irascerer, quod parum mihi constans et nimium cupidus decedendi viderere, ob eamque causam me arbitrarere litteras ad te iam diu non misisse? mihi perturbatio animi tui, quam primis litteris perspiciebam, molestiam attulit; neque alia ulla fuit causa intermissionis epistularum, nisi quod ubi esses plane nesciebam. hic tu me etiam insimulas nec satisfactionem meam accipis? audi, Testa mi: utrum superbiorem te pecunia facit, an quod te imperator consulit? moriar ni, quae tua gloria est, puto te malle a Caesare consuli quam inaurari. si vero utrumque est, quis te feret praeter me, qui omnia ferre possum?
But to return to the matter at hand — I am heartily glad that you are not unwilling to be out there; and just as your former mood was a trouble to me, so this one is a pleasure. My one fear is that your professional skill may be of little use to you out there; for, as I hear, in those parts they do not press claims by going to lay hand on the property in due legal form, but rather by the sword — and you are not one who is usually called in to do violence. Nor is there any reason for you to dread that famous exception in the interdict, “provided that you have not been the first to come with armed men and force”; for I know that you are not aggressive in giving provocation. But, to give you in turn a word of warning on those niceties of yours: I advise you to steer clear of the Treveri. I am told they are capital fellows; I should have preferred them to be only “of bronze, silver, and gold.” But we shall jest of these things another time. Do please write to me on all these matters as fully as you can. Dispatched the fourth day before the Nones of March.
sed ut ad rem redeam, te istic invitum non esse vehementer gaudeo et, ut illud erat molestum, sic hoc est iucundum. tantum metuo ne artificium tuum tibi parum prosit; nam, ut audio, istic non ex iure manum consertum, sed magis ferro rem repetunt, et tu soles ad vim faciundam adhiberi, neque est quod illam exceptionem in interdicto pertimescas: ’QVOD TV PRIOR vi HOMINIBVS ARMATIS NON VENERIS’; scio enim te non esse procacem in lacessendo. sed ut ego quoque te aliquid admoneam de vestris cautionibus, Treviros vites censeo. audio capitalis esse; mallem ’aere, argento, auro’ essent. sed alias iocabimur. tu ad me de istis rebus omnibus scribas velim quam diligentissime. D. IIII non. Mart

Cite this passage

Ad Familiares 7.13

Pick a format and click Copy. The permalink jumps any reader to this exact section.

Support this project

Free to read here. Buy the ebook to support the work.

Kindle