Letter · December 57 BC · Romae

Ad Quintum Fratrem 2.1

Ad Quintum Fratrem 2.1

Headnote

Cicero to his brother Quintus, written from Rome in December 57 BC, opening Q.fr. book 2. A second dispatch added the same evening to a morning letter, on the day’s Senate — densely packed for December on the eve of the feast-days. The tribune Lupus had brought up the matter of the Campanian land (the heart of Caesar’s first consular legislation of 59 BC, which the optimate consulars under Cicero’s lead were beginning to test); the senators sat in pointed silence, which Marcellinus afterwards explained: with Pompey absent, they would not move on it. The other tribune Racilius then referred about the law-courts and the proceedings against Clodius for the November violence; Marcellinus moved that the praetor draw the panel of jurors by lot before the consular elections. Cicero, called first among the private members, accused Clodius from the floor as if at a trial. Clodius spoke long enough to use up the day; his hirelings raised a riot; the Senate broke up under threat of violence. The closing line is the brother’s: “See, if you love me, that you sail with consideration and care in the month of December.” Quintus is on his way back from Sardinia, where Pompey had sent him as legate.

The letter you have read I had given in the morning. But Licinius did me a kindness in coming to me late in the evening, after the Senate had been dismissed, so that, if anything had been done, I might write it out to you, if it should seem fit to me. The Senate was more crowded than we had thought it could be in the month of December, on the eve of the feast-days. We consulars were there — and the two consuls-elect, P. Servilius, M. Lucullus, Lepidus, Volcacius, Glabrio. Of praetors there was a good number of us; in all about two hundred. Lupus had stirred up expectation; he pleaded the case of the Campanian land with great care. He was heard in great silence. You know the matter of the case. He passed over none of our proceedings. There were certain barbs against Caesar, abuse of Gellius, complaints against Pompey in his absence. The case at last finished, he said he would not call for opinions, lest he lay a burden of quarrel upon us. From the railings of earlier times and from the present silence, he said he understood what the Senate felt. He began to dismiss the house. Then Marcellinus said, “Do not, Lupus, judge by our silence what we are at this time approving or disapproving. I, for my part — and I think the rest are the same — am silent for this reason: because I do not think it fitting that, with Pompey absent, the case of the Campanian land should be moved.” Then Lupus said he would not detain the Senate.
epistulam quam legisti mane dederam sed fecit i humaniter Licinius quod ad me misso senatu vesperi venit, ut si quid esset actum ad te, si mihi videretur, perscriberem. senatus fuit frequentior quam putabamus esse posse mense Decembri sub dies festos. consulares nos fuimus et duo consules designati, P. Servilius, M. Lucullus, Lepidus, Volcacius, Glabrio, praetores sane frequentes fuimus, omnino ad Cc. commorat exspectationem Lupus; egit causam agri Campani sane accurate. auditus est magno silentio. materiam rei non ignoras. nihil ex nostris actionibus praetermisit. fuerunt non nulli aculei in Caesarem, contumeliae in Gellium, expostulationes cum absente Pompeio. causa sero perorata sententias se rogaturum negavit, ne quod onus simultatis nobis imponeret; ex superiorum temporum conviciis et ex praesenti silentio quid senatus sentiret se intellegere dixit Milo. coepit dimittere. tum Marcellinus ’ noli,’ inquit, ’ex taciturnitate nostra, Lupe, quid aut probemus hoc tempore aut improbemus iudicare. ego, quod ad me attinet, itemque arbitror ceteros, idcirco taceo quod non existimo, cum Pompeius absit, causam agri Campani agi convenire.’ tum ille se senatum negavit tenere.
Racilius rose, and began to refer about the courts. Marcellinus he asked first. When that man had complained gravely of the Clodian fires, slaughters, stonings, he gave the opinion that he himself should draw the judges by lot through the urban praetor; that, with the lot of the judges drawn, the elections might be held; that whoever should impede the courts would be acting against the commonwealth. The opinion was greatly approved. C. Cato spoke against, and C. Cassius, with the largest applause of the Senate, since they preferred the elections to the courts. Philippus assented to Lentulus. Afterwards Racilius asked me first among the private members.
Racilius surrexit et de iudiciis referre coepit. Marcellinum quidem primum rogavit. is cum graviter de Clodianis incendiis, trucidationibus, lapidationibus questus esset, sententiam dixit, ut ipse iudices per praetorem urbanum sortiretur, iudicum sortitione facta comitia haberentur; qui iudicia impedisset, eum contra rem publicam esse facturum. adprobata valde sententia C. Cato contra dixit et C. Cassius maxima acclamatione senatus, cum comitia iudiciis anteferrent. Philippus adsensit Lentulo. postea Racilius de privatis me primum sententiam rogavit.
I made many words about the whole madness and banditry of P. Clodius; I accused him as a defendant, with many and favourable murmurings of the whole Senate. Old Antistius praised my speech with many words and, by Hercules, not without eloquence; he took up the cause of the courts and said he would treat them as the most ancient. Things were going for that opinion. Then Clodius, when asked, began by speaking to use up the day; he was furious that he had been harassed by Racilius in a stubborn yet polished way. Then his hired ruffians, suddenly, from the Graecostasis and the steps raised a great enough shout — stirred up, I take it, against Q. Sextilius and Milo’s friends. With that fear thrown in, suddenly, with the great complaint of all, we left. There you have the proceedings of one day; the rest, I take it, will be put off into the month of January. Of the tribunes of the plebs, by far the best we have is Racilius. Antistius too looks like he will be our friend; for Plancius is wholly ours. See, if you love me, that you sail with consideration and care in the month of December.
multa feci verba de toto furore latrocinioque P. Clodi; tamquam reum accusavi multis et secundis admurmurationibus cuncti senatus. orationem meam conlaudavit satis multis verbis non me hercule indiserte vetus Antistius, isque iudiciorum causam suscepit antiquissimamque se habiturum dixit. Ibatur in eam sententiam. tum Clodius rogatus diem dicendo eximere coepit; furebat a Racilio se contumaciter urbaneque vexatum. deinde eius operae repente a Graecostasi et gradibus clamorem satis magnum sustulerunt, opinor, in Q. Sextilium et amicos Milonis incitatae. eo metu iniecto repente magna querimonia omnium discessimus. habes acta unius diei; reliqua, ut arbitror, in mensem Ianuarium reicientur. de tribunis pl. longe optimum Racilium habemus. videtur etiam Antistius amicus nobis fore; nam Plancius totus noster est. fac, si me amas, ut considerate diligenterque naviges de mense Decembri.

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