Letter · 24 October 54 BC · Romae

Ad Quintum Fratrem 3.4

Ad Quintum Fratrem 3.4

Headnote

Cicero to Quintus, written from Rome on the ninth day before the Kalends of November (24 October 54 BC), on the day Cicero set out for Tusculum with his son for the start of the ludi. The letter’s first three sections are the running report on the maiestas trial of Gabinius, which had just ended in acquittal; §§4–5 are the literary and library postscript; §6 the closing news about Pomptinus’s contested triumph.

Gabinius’s acquittal on the maiestas charge was the bitter conclusion of a half-year campaign that the last several Q. fr. letters have tracked — the rumour of his approach, his night-entry to Rome “as into a city full of enemies,” the universal hatred at his appearance before the people, the divinatio that named L. Lentulus the elder as accuser. Cicero gave the principal witness-testimony. The acquittal followed: thirty-two votes to convict against seventy to acquit, despite the incoherence of Lentulus and his subscribers and the squalor of the jury. The decisive weight, Cicero says, was three: the intensity of effort by the defence; the prayers (preces) of Pompey, whose political stake in Gabinius’s safety was direct; and the rumour of an impending dictatorship, which the Senate “feared.” Even so the verdict carries a heavy report behind it, and Gabinius’s coming trial for extortion (where Cicero himself would in fact be conscripted to defend him in 54/53, Pro Rabirio Postumo being the surviving relict of that affair) seems certain to convict.

The candid moment at §2 is Cicero’s private accounting of why he had not prosecuted Gabinius himself: the contest would have been one with Pompey, not with the defendant, and Cicero’s standing then was such that he could not undertake to be matched (the gladiatorial metaphor) against Pacideianus’s most famous opponent for Pompey’s sake. Sallustius — the historian’s namesake, probably C. Sallustius Crispus the future historian as a young man in Cicero’s circle — had been pressing him to prosecute one of the two recent triumvirate-clients (Gabinius or Vatinius) and yield the other to Pompey; the rebuke at §3 (“a charming friend Sallustius is, to think that I ought either to have taken on dangerous enmities or undergone everlasting disgrace”) is the only known stick Cicero took to him. The defendant’s parting word — that, if he had remained in the State, he would have given Cicero satisfaction — is what Cicero recovers from the ordeal.

The closing sections are domestic and literary. The [Greek: enthousiasmos] (§4) for the poetry Quintus has been asking after is absent: the year is anxious, even if not fearful. The library notes (§5) introduce Chrysippus and Tyrannio — the freedmen and scholars who handled Cicero’s book-procurement — as the channels through which Quintus’s Greek collection in Gaul will be brought up to strength. §6 is the report on Pomptinus’s triumph: C. Pomptinus, praetor of 63 BC who had defeated the Allobroges in the year of Cicero’s consulship, had been hovering outside the city for years seeking the triumph, and would finally hold it on 3 November 54, against the threatened veto of the praetors Cato and Servilius (and Q. Scaevola the tribune of the plebs, “breathing Ares,” [Greek: Ar\=e pne\=on], in the Homeric phrase). The first private notice of P. Crassus’s death in Parthia would arrive in Cicero’s circle in the days following this letter; here it is not yet known, the rumour of a dictatorship is still the principal alarm.

Gabinius has been acquitted. Nothing on the whole more incoherent than Lentulus as accuser and his supporting counsel, nothing more squalid than that panel. But still, but for an extraordinary effort, the prayers of Pompey, and the rumour of a dictatorship — a thing full of fear — not even to Lentulus, such as he was, would he have made any answer; though with that accuser and that panel he was condemned by votes to the number of thirty-two, with seventy on the other side. The trial has on the whole left such a heavy report behind it that he seems sure to perish in the remaining trials, and most of all in the one on extortion. But you see there is no commonwealth, no senate, no courts, no dignity in any of us. What more to say of the jurors? Two ex-praetors sat: Domitius Calvinus (who voted openly to acquit, so that everyone could see), and Cato (who, when the tablets had been sorted, slipped out of the gathering and was first to take the news to Pompey). Some say — as Sallustius does — that I ought to have prosecuted.
Gabinius absolutus est. omnino nihil accusatore Lentulo subscriptoribusque eius infantius, nihil illo consilio sordidius. sed tamen nisi incredibilis contentio, preces Pompei, dictaturae etiam rumor plenus timoris fuisset, ipsi Lentulo non respondisset, qui tamen illo accusatore illoque consilio sententiis condemnatus sit xxxii cum lxx tulissent est omnino tam gravi fama hoc iudicium ut videatur reliquis iudiciis periturus et maxime de pecuniis repetundis. sed vides nullam esse rem publicam, nullum senatum, nulla iudicia, nullam in ullo nostrum dignitatem. quid plura de iudicibus? duo praetorii sederunt, Domitius Calvinus (is aperte absolvit ut omnes viderent) et Cato (is diribitis tabellis de circulo se subduxit et Pompeio primus nuntiavit). aiunt non nulli ut Sallustius me oportuisse accusare.
Was I to entrust myself to these jurors? What would I have been, if with me conducting the case he had slipped away? But other things moved me. Pompey would have judged that with me his contest was not about Gabinius’s safety but about his own dignity; he would have entered the city; the matter would have come to enmity; I should have looked like Pacideianus matched against Aeserninus the Samnite; he might have bitten off an ear, perhaps; with Clodius at any rate he would certainly have come back into favour. As for myself, I strongly approve of my own counsel, especially since you do not disapprove. He had been honoured by me with my singular zeal; and though I owed him nothing and he owed me everything, still in public life he could not bear me dissenting from him (I will say no more), and at that time, when he was less powerful, he showed what he could do against me in my prime. Now, when I do not even take much trouble to be powerful, and the commonwealth certainly can do nothing, and he alone can do everything — was I to wrestle with him in person? For that is what it would have come to. I do not think that you suppose I ought to have taken that on.
his ego iudicibus committerem? quid essem, si me agente esset elapsus? sed me alia moverunt non putasset sibi Pompeius de illius salute sed de sua dignitate mecum esse certamen; in urbem introisset; ad inimicitias res venisset; cum Aesernino Samnite Pacideianus comparatus viderer; auriculam fortasse mordicus abstulisset, cum Clodio quidem certe redisset in gratiam. ego vero meum consilium, si praesertim tu non improbas, vehementer adprobo. ille cum a me singularibus meis studiis ornatus esset cumque ego illi nihil deberem, ille mihi omnia, tamen in re publica me a se dissentientem non tulit (nihil dicam gravius) et minus potens eo tempore quid in me florentem posset ostendit; nunc cum ego ne curem quidem multum posse, res publica certe nihil possit, unus ille omnia possit, cum illo ipso contenderem? sic enim faciendum fuisset. non existimo, te putare id mihi suscipiendum fuisse.
“You should have defended one or the other,” says the same Sallustius, “and yielded the point to Pompey’s pressure; for he begged hard.” A charming friend Sallustius is, to think that I ought either to have taken on dangerous enmities or undergone everlasting disgrace! For my part I am delighted with this middle course; and I find it agreeable that, when I had given evidence very weightily on my faith and conscience, the defendant said that, if it had been possible for him to remain in the State, he would have given me satisfaction, and asked me no question at all.
’ alterutrum,’ inquit idem Sallustius, ’defendisses idque Pompeio contendenti dedisses; etenim vehementer orabat.’ Lepidum is amicum Sallustium, qui mihi aut inimicitias putet periculosas subeundas fuisse aut infamiam sempiternam! ego vero hac mediocritate delector, ac mihi illud iucundum est quod, cum testimonium secundum fidem et religionem gravissime dixissem, reus dixit, si in civitate licuisset sibi esse, mihi se satis facturum, neque me quicquam interrogavit.
As to the verses you want me to write for you — I lack, indeed, the leisure, which requires not only time but also a mind empty of every care; but enthousiasmos (inspiration) is also absent, for we are by no means free of anxiety about the coming year, even though we are without fear. And at the same time this too (and I speak, by Hercules, without any irony): in writings of that kind I award the first place to you rather than to myself.
de versibus quos tibi a me scribi vis, deest mihi quidem opera, quae non modo tempus sed etiam animum vacuum ab omni cura desiderat; sed abest etiam ἐνθουσιασμόσ, non enim sumus omnino sine cura venientis anni, etsi sumus sine timore. simul et illud (sine ulla me hercule ironia loquor): tibi istius generis in scribendo priores partis tribuo quam mihi.
On filling out your Greek library, exchanging books, and procuring the Latin ones, I should very much like those things to be done, especially since they look to my use as well. But I myself have no one through whom I can manage it; for the books worth having are not on sale, and they cannot be procured except through a man both expert and diligent. Still, I will charge Chrysippus and speak with Tyrannio. About what Scipio has done in the matter of the treasury I will inquire; what seems right I will see to. About Ascanio you will do what you like; I do not interpose in any way. That you are not hurrying about the suburban place I praise; that you should have one, I urge.
de bibliotheca tua Graeca supplenda, libris commutandis, Latinis comparandis valde velim ista confici, praesertim cum ad meum quoque usum spectent. sed ego mihi ipsi ista per quem agam non habeo; neque enim venalia sunt quae quidem placeant, et confici nisi per hominem et peritum et diligentem non possunt. Chrysippo tamen imperabo et cum Tyrannione loquar. de fisco quid egerit Scipio quaeram; quod videbitur rectum esse curabo. de Ascanione tu vero quod voles facies; me nihil interpono. de suburbano quod non properas laudo; ut habeas hortor.
I have written this on the ninth day before the Kalends of November [24 October], on which day the games were starting, as I was setting out for Tusculum and taking my Cicero with me — to a school for learning, not for playing. The reason I am not going further, as I should wish, is that I want to be present for Pomptinus’s triumph on the third day before the Nones of November [3 November]. For there will be some little fuss; for Cato and Servilius as praetors threaten to forbid it, and I do not know what they can do (since Pomptinus will have with him the consul Appius and praetors and tribunes of the plebs); but they threaten all the same, and Q. Scaevola first of all, Arē pneōn (breathing Ares). Take care, my sweetest and dearest brother, to keep well.
haec scripsi a. d. viiii K. Novembr., quo die ludi committebantur, in Tusculanum proficiscens ducensque mecum Ciceronem meum in ludum discendi, non lusionis, ea re non longius quom vellem, quod Pomptino ad triumphum a. d. iii Nonas Novembr. volebam adesse. etenim erit nescio quid negotioli; nam Cato et Servilius praetores prohibituros se minantur nec quid possint scio (ille enim et Appium consulem secum habebit et praetores et tribunos pl.), sed minantur tamen in primisque Ἄρη πνέων Q. Scaevola. cura, mi suavissime et carissime frater, ut valeas.

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Ad Quintum Fratrem 3.4

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