Letter · 46 BC · Romae

Ad Familiares 13.26

Ad Familiares 13.26

Headnote

Cicero to Servius Sulpicius Rufus, proconsul of Achaia, written from Rome in 46 BC (the manuscript dateline: Scr. Romae, ut videtur, a. 708 (46)). The longest of the five Servius-recommendations in this sub-sequence, and the most substantively legal. The principal is L. Mescinius Rufus, who had been Cicero’s quaestor in Cilicia in 51–50 BC — the quaestoria necessitudo between proconsul and quaestor being one of the formal Roman bonds that followed both men for life. Mescinius has come into an inheritance, in Achaia, from his late brother M. Mindius, a Roman trader at Elis; certain heirs or creditors are likely to resist, and Cicero is asking Servius to use both his judicial power and his personal weight to unravel the business.

The letter is a small masterpiece of provincial-legal recommendation, and the non-vulgaris register-shift is visible. Three moves are worth noting. First, Cicero pre-loads the request by attaching a covering letter from M. Lepidus (the consul of 46), explicitly described as not a directive — "not such as enjoin anything upon you (for we do not consider that to be consistent with your standing), but, so to say, in the manner of letters of recommendation" — a finely calibrated face-saving formula for asking the governor to do something while denying that he is being asked. Second, Cicero offers Servius a Roman-forum escape: any party who proves recalcitrant may be remitted to Rome on the ground that the case involves a senator. Third, the close fuses the two motives Cicero typically separates — the welfare of the friend and the visible standing of the recommender — by stating both with equal weight. The piece is professional commendation business done at its high tier.

L. Mescinius is bound to me by the tie that he was my quaestor; and this tie, which — as I have received it from our ancestors — I have always reckoned to weigh heavily, he has by his own character and humanity made even more rightly so. And thus I am on such terms with him that I am on more familiar terms with no one, and on no terms more gladly. He seemed to be confident that on his account you would gladly do what you honourably could; but he hoped, even so, that a letter of mine too would carry great weight with you. He so judged the matter for himself, and besides, on the strength of our intimacy, he had often heard me say how agreeable our friendship was, and how close.
L. Mescinius ea mecum necessitudine coniunctus est, quod mihi quaestor fuit; sed hanc causam, quam ego, ut a maioribus accepi, semper gravem duxi, fecit virtute et humanitate sua iustiorem. itaque eo sic utor ut nec familiarius ullo nec libentius. is quamquam confidere videbatur te sua causa quae honeste posses libenter esse facturum, magnum esse tamen speravit apud te meas quoque litteras pondus habituras. id cum ipse ita iudicabat tum pro familiari consuetudine saepe ex me audierat quam suavis esset inter nos et quanta coniunctio.
I therefore ask of you — with that earnestness, naturally, with which you can see that I ought to ask on behalf of a man so closely bound and so intimate to me — that you unravel and dispatch his business in Achaia, which has come to him as heir of his brother M. Mindius (who carried on trade at Elis), with both the law and the authority you possess, and also with your own personal weight and judgement. For we have laid it down to the men to whom we have entrusted that business that in all matters which come into any dispute they should employ you as arbiter and, where it could be done at your convenience, as adjudicator. I beg you, again and again and most earnestly, that you take this on for my honour’s sake.
peto igitur a te tanto scilicet studio, quanto intellegis debere me petere pro homine tam mihi necessario et tam familiari, ut eius negotia, quae sunt in Achaia ex eo quod heres est M. Mindio, fratri suo, qui Elide negotiatus est, explices et expedias cum iure et potestate, quam habes, tum etiam auctoritate et consilio tuo. sic enim praescripsimus iis, quibus ea negotia mandavimus, ut omnibus in rebus, quae in aliquam controversiam vocarentur, te arbitro et, quod commodo tuo fieri posset, te disceptatore uterentur. id ut honoris mei causa suscipias, vehementer te etiam atque etiam rogo.
There is this further request: if you do not think it inconsistent with your standing, you will do me a most welcome service if — where certain parties prove more obstinate, and unwilling that the business be settled without litigation — you remit them, since the case is with a senator, to Rome. So that you may do this with the less hesitation, we have procured letters to you from M. Lepidus the consul, not such as enjoin anything upon you (for we do not consider that to be consistent with your standing), but, so to say, in the manner of letters of recommendation.
illud praeterea, si non alienum tua dignitate putabis a esse, feceris mihi pergratum, si qui difficiliores erunt, ut rem sine controversia confici nolint, si eos, quoniam cum senatore res est, Romam reieceris. quod quo minore dubitatione facere possis, litteras ad te a M. Lepido consule, non quae te aliquid iuberent (neque enim id tuae dignitatis esse arbitramur) sed quodam modo quasi commendaticias sumpsimus.
I should write to you how well placed this kindness will be where Mescinius is concerned, were I not confident both that you know this and that I am asking it for myself. For I should like you to consider this — that I am no less anxious over his affair than he is over his own. But while I am eager for him to come into his own as easily as possible, I am no less anxious that he reckon himself to have gained no small thing by this recommendation of mine.
scriberem quam id beneficium bene apud Mescinium positurus esses, nisi et te scire confiderem et mihi peterem. sic enim velim existimes, non minus me de illius re laborare quam ipsum de sua. sed cum illum studeo quam facillime ad suum pervenire tum illud laboro ut non minimum hac mea commendatibne se consecutum arbitretur.

Cite this passage

Ad Familiares 13.26

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