CLI (Q FR III, 4)
TO HIS BROTHER QUINTUS (IN GAUL)
ROME, 24 OCTOBER
Gabinius has been acquitted. Nothing could be
more absolutely futile than his accuser, Lentulus,
and the backers of the indictment, or more corrupt
than the jury. Yet, after all, had it not been for
incredible exertions and entreaties on Pompey's
part, and even an alarming rumour of a
dictatorship, he would not have been able to
answer even Lentulus; for even as it was, with
such an accuser and such a jury, he had thirty-two
votes out of seventy recorded against him. This
trial is altogether so scandalous, that he seems
certain to be convicted in the other suits,
especially in that for extortion. But you must see
that the Republic, the senate, the law courts are
mere ciphers, and that not one of us has any
constitutional position at all. What else should I
tell you about the jurors? Two men of praetorian
rank were on the panel—Domitius
Calvinus, who voted for acquittal so openly that
everybody could see; and Cato, who, as soon as the
voting tablets had been counted,
withdrew from the ring of people, and was the
first to tell Pompey the news. Some
people—for instance,
Sallust—say that I ought to have been
the prosecuting counsel. Was I to have exposed
myself to such a jury as this? What would have
been my position, if he had escaped when I
conducted the case? But there were other
considerations which influenced me. Pompey would
have looked upon it as a contest with me, not for
that man's safety, but for his own position: he
would have entered the city; 1 it would have become
a downright quarrel; I should have seemed like a
Pacideianus matched with the Samnite Aeserninus
2
—he would, perhaps, have bitten off my
ear, 3 and
at least he would have become reconciled to
Clodius. For my part, especially if you do not
disapprove of it, I strongly approve my own
policy. That great man, though his advancement had
been promoted by unparalleled exertions on my
part, and though I owed him nothing, while he owed
me all, yet could not endure that I should differ
from him in politics—to put it
mildly—and, when in a less powerful
position, shewed me what he could do against me
when in my zenith. At this time of day, when I
don't even care to be influential, and the
Republic certainly has no power to do anything,
while he is supreme in everything, was I to enter
upon a contest with him? For that is what I should
have had to have done. I do not think that you
hold me bound to have undertaken it. "Then, as an
alternative," says the grave Sallust, "you should
have defended him, and have made that concession
to Pompey's earnest wish, for he begged you very
hard to do so." An ingenious friend is Sallust, to
give me the alternative of a dangerous quarrel or
undying infamy! I, however, am quite pleased with
the middle course which I have steered; and
another gratifying circumstance is that, when I
had given my evidence with the utmost solemnity,
in accordance with my honour and oath, the
defendant said that, if he retained his right to
remain in the city, he would repay me, and did not
attempt to cross-question me. As to the verses which you wish me to
compose, it is true that I am
deficient in industry in regard to them, which
requires not only time, but also a mind free from
all anxiety, but I am also wanting in inspiration.
For I am not altogether without anxiety as to the
coming year, though without fear. At the same
time, and, upon my word, I speak without irony, I
consider you a greater master of that style of
writing than myself. As to filling up your Greek
library, effecting interchanges of books, and
purchasing Latin books, I should be very glad that
your wishes should be carried out, especially as
they would be very useful to me. But I have no one
to employ for myself in such a business: for such
books as are really worth getting are not for
sale, and purchases cannot be effected except by
an agent who is both well-informed and active.
However, I will give orders to Chrysippus and
speak to Tyrannio. I will inquire what Scipio has
done about the treasury. I will see that what
seems to be the right thing is done. As to
Ascanio, do what you like: I shall not interfere.
As to a suburban property, I commend your not
being in a hurry, but I advise your having one. I
write this on the 24th of October, the day of the
opening of the games, on the point of starting for
my Tusculan villa, and taking my dear young Cicero
with me as though to school (a school not for
sport, but for learning), since I did not wish to
be at any greater distance from town, because I
purposed supporting Pomptinus's 4 claim of a triumph on the 3rd of
November. For there will be, in fact, some little
difficulty; as the praetors, Cato and Servilius,
5 threaten to forbid it, though I don't know
what they can do. For he will have on his side
Appius the consul, some praetors and tribunes.
Still, they do threaten—and among the
foremost Q. Scaevola, "breathing war." 6 Most delightful and dearest of brothers,
take good care of your health.
ROME, 24 OCTOBER