Cicero, Epistulae ad Familiares (English) (XML Header) [genre: prose] [word count] [lemma count] [Cic. Fam.]. | ||
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CCXXII (F VIII, 8)
M. CAELIUS RUFUS TO CICERO (IN CILICIA)
Though I have some political news for you, yet I don't think I have anything to tell you that you will be more glad to hear than this: I have to inform you that C. Sempronius Rufus—Rufus, your pet darling —has been convicted of vexatious prosecution with universal applause. You ask, in what case? Well, he indicted M. Tuccius (who had formerly prosecuted him) after the Roman games for illegal violence under the lex Plotia. His object was this: he saw that, unless some defendant were put on the list for trial whose case could take priority, he would have to stand his own trial this year. Moreover, he had no doubt what would happen to him. [Note] This prosecution was a small favour he preferred to do to his accuser more than anyone else! Accordingly, without anyone backing his indictment, he came down into the forum and indicted Tuccius. As soon as I heard of it, I hurried without waiting for a summons to the defendant's bench. I rose, and without saying a word on the merits of
the case, I showed up his whole character and career, even bringing in the matter of Vestorius, and telling the story of his having surrendered to you as a favour "whatever Vestorius held contrary to his own legal rights." [Note]
The following hotly contested case is also at present taking up the attention
of the forum.
[Note]
folly; nay, what would you have said if you had heard him conducting the case, and the admissions which he made, foolish in the extreme as far as he was himself concerned, and positively shameful as regards his father? [Note] The jury called upon to consider their verdict was the same as that which had assessed the damages in the former case. The votes having turned out to be equal, Laterensis, from imperfect acquaintance with the laws, announced the verdict of each of the decuriae separately, and finally, according to the custom of the praetors, gave the decision "for the defendant." [Note] After leaving the court, Servilius being thenceforth regarded as acquitted, Laterensis read the 101st clause of the law, which contains the words "The verdict of the majority of the jurors shall be good and decisive." He thereupon did not enter him on the records as acquitted, but only entered a statement of the verdict of the several decuriae. [Note] Upon Appius, however, applying for a new trial, he said that he had consulted L. Lollius [Note] and would record the facts. So that now, being neither acquitted nor condemned, Servilius will be at the disposal of Pilius for an action for extortion, with a reputation already damaged. For Appius, though he had already sworn that there was no collusion, did not venture to dispute the right to prosecute [Note] with Pilius, and has himself had proceedings begun against him for extortion by the Servilii, besides having been indicted for violence by a creature of his own, Sextius Tettius. [Note] They are a worthy pair!
As for political business, for many days past nothing at
all has been done, owing to the suspense as to the arrangements to be made
about the Gauls. At last, however, after frequent postponements and serious
debates, and when Pompey's wishes had been clearly seen to incline in the
direction of passing a decree for Caesar quitting his province after the 1st of
March next, a decree of the senate was passed, which I hereby send you, and
some resolutions which were reduced to writing.
Twenty-ninth of September; in the temple of Apollo; the following assisted
in drawing up the decree: L. Domitius Ahenobarbus, son of
Gnaeus, of the Fabian tribe; Q. Caecilius Metellus Pius Scipio, son of Quintus,
of the Fabian tribe; L. Villius Annalis, son of Lucius, of the Pomptinian
tribe; C. Septimius, son of Titus, of the tribe Quirina; C. Lucilius Hirrus,
son of Gaius, of the tribe Pupinia; C. Scribonius Curio, son of Gaius, of the
tribe Popilia; L. Atteius Capito, son of Lucius, of the tribe Aniensis; M
Eppius, son of Marcus, of the tribe Terentina.
Seeing that M Marcellus, the consul has made mention of the consular
provinces, on that subject the senators have voted as follows: L. Paullus,
C. Marcellus, the consuls, shall when they have entered on their office, on the
first of the month of March that is about to fall within their year of
office, bring the matter of the consular provinces before the senate, and shall
not from the first of March bring any motion before the senate in preference
thereto; nor shall anything be brought before the senate in conjunction
therewith by the consuls. And for the sake of that business they shall hold
meetings of the senate, comitial days notwithstanding; and shall draw up
decrees of the senate. And when that business is being brought before the
senate by the consuls, they may bring into the house those of the senators who
are among the three hundred and sixty jurors without incurring penalties
thereby. If on that matter it is necessary to bring any resolution before the
people or plebs, Ser. Sulpicius and M Marcellus, the consuls, the praetors, and
the tribunes of the plebs, to whichever of them it seems good, shall bring it
before the people or plebs. But if they shall fail
to bring it, whosoever are next in office shall bring it before people or
plebs.
No one vetoed.
Twenty-ninth of September; in the temple of Apollo; the following assisted at
drawing up the decree; L. Domitius Ahenobarbus, son of Gnaeus, of the Fabian
tribe; Q. Caecilius Metellus Pius Scipio, son of Quintus of the Fabian tribe;
L. Villius Annalis, son of Lucius, of the Pomptinian tribe; C. Septimius, son
of Titus, of the tribe Quirina; C. Lucilius Hirrus, son of Gaius, of the tribe
Pupinia; C. Scribonius Curio, son of Gaius, of the tribe Popilia; L. Atteius
Capito, son of Lucius, of the tribe Aniensis; M Eppius, son of Marcus, of the
tribe Terentina.
Seeing that M Marcellus, the consul has made mention of the consular provinces,
on that subject the senators voted as follows: The senate is of opinion that
none of those who have the power of vetoing or staying proceedings ought to
offer any hindrance to a motion being brought before the house concerning the
Republic of the Roman people, the Quirites, or a decree of the senate being
made: whoso shall have so hindered or prohibited, the senate is of opinion that
he has acted against the Republic. If anyone shall veto this decree, the
senate orders that its resolution shall be committed to writing, and that the
matter shall thereupon be brought before the senate (and people).
C. Caelius, L. Vinicius, P. Cornelius, C. Vibius Pansa, tribunes, vetoed this
decree.
Ordered also by the senate concerning the soldiers now in the army of Gaius
Caesar. as to those of them who have served their full time or have pleas to
allege whereby they ought to be discharged, a motion shall be brought before
the house to take cognizance of them and to look into their cases. If anyone
vetoes this decree, ordered that the resolution be reduced to writing, and a
motion brought before this house thereon.
C. Caelius, C. Pansa, tribunes, vetoed this decree of the
senate.
Ordered also by the senate that into the province of Cilicia, into the eight
remaining provinces administered by ex-praetors
with authority of praetor, those who have been praetors and have not been to a
province with imperium, such of them as in accordance with the decree of the
senate are due to be sent into province as propraetors, shall be sent into
provinces as by lot shall be assigned. If from the category of these, thus due
to be sent into provinces, there be not sufficient in number to go into the
said provinces, then from whichever in each case is the senior college of
praetors who have not been to provinces, they shall in like manner go to
provinces by lot.- if they are not sufficient to make up the number, then the
members of the college next in order shall have their names put into the
lottery, until such time as the number is made up to such number as is due to
be sent into provinces. If anyone vetoes this decree of the senate, let the
resolution be reduced to writing.
C. Caelius, C. Pansa, tribunes, vetoed this decree of the senate.
Resolutions of the Senate.
The following observation also of Cn. Pompeius attracted attention, and gave people a very great feeling of security, when he said that he could not, without unfairness, settle anything about Caesar's provinces before the 1st of March, but that after the 1st of March he would not hesitate. When asked, what if anyone on that date vetoed it, he said that it made no difference whether Caesar refused to obey the senate, or secured some one to prevent the senate passing a decree. "What if," said some one else, "he shall determine both to be consul and to keep his army?" To which he answered—with what mildness !—"What if my son should choose to strike me with his stick?" By such words as these he has made people think that some negotiation was going on between Pompey and Caesar. And so I think Caesar is minded to adopt one of two alternatives—either to remain in his province, and not be a candidate this next year, or, if he succeeds in getting elected, to leave his province. Curio is preparing to oppose him at every point. What he can do I don't know. I clearly see this, that if Curio keeps his wits about him, even though he effects nothing, he cannot possibly come utterly to grief. Curio treats me in a very gentlemanly way, and has forced a troublesome business on me by his present. For if he had not given me those African beasts, which had been imported for him to use at his games,
the thing might have been omitted. Now, however, since give games I must, I would beg you, as I have often asked you before, to see that I have some beasts from your parts. I also commend to your attention the bond held by Sittius. I am sending my freedman Philo and the Greek Diogenes to Cilicia, to whom I have entrusted a message and a letter to you. Pray be so good as to give them, and the business on which I have sent them, your special attention. For in the letter, which I have given them for you, I have stated in detail how extremely important it is to me.
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