No More Learning

tit. XI.

The law is directed against those who, holding a magistracy, an embassy,
or any other office, or forming part of the attendants of these
functionaries, receive money.

They may receive money to any amount from their cousins, their still
nearer relatives, or their wives.

The law includes those who have received money: For speaking in the
Senate or any public assembly; for doing their duty or absenting
themselves from it; for refusing to obey a public order or for exceeding
it; for pronouncing judgment in a criminal or a civil case, or for not
pronouncing it; for condemning or acquitting; for awarding or
withdrawing the subject of a suit; for adjudging or taking an object in
litigation; for appointing a judge or arbitrator, changing him, ordering
him to judge, or for not appointing him or changing him, and not
ordering him to judge; for causing a man to be imprisoned, put in irons,
or set at liberty; for accusing or not accusing; for producing or
suppressing a witness; for recognising as complete an unfinished public
work; for accepting wheat for the use of the State without testing its
good quality; for taking upon himself the maintenance of the public
buildings without a certificate of their good condition; for enlisting a
soldier or discharging him.

All that has been given to the proconsul or prætor contrary to the
provisions of the present law, cannot become his by right of possession.

Sales and leases are declared null and void which have been made, for a
high or a low price, with a view to right of possession by a third.

The magistrates are to abstain from all extortion, and receive as salary
but 100 pieces of gold each year.

The action will lie equally against the heirs of the accused, but only
during the year succeeding his death.

No one who has been condemned under this law can be either judge,
accuser, or witness.

The penalties are exile, banishment to an island, or death, according to
the gravity of the offence.

[1165] Dio Cassius, XXXVIII. 8.

[1166] _De alternis consiliis rejiciendis. _ (Cicero, _Oration against
Vatinius_, 11. --_Scholiast_ of Bobbio, pp. 321, 323, edit. Orelli. )

[1167] “The citizens who, not being of your order, cannot, thanks to the
Cornelian laws, challenge more than three judges. ” (Cicero, _Second
Prosecution of Verres_, II. 31. )

[1168] Suetonius, _Cæsar_, 28.

[1169] Cicero, _Familiar Letters_, XIII. 35. “Pompeius Strabo, father of
Pompey the Great, re-peopled Comum. Some time after, Scipio established
3,000 inhabitants there; and, finally, Cæsar sent 5,000 colonists, the
most distinguished of whom were 500 Greeks. ” (Strabo, cxix. )

[1170] Cicero, _Letters to Atticus_, II. 18. --Dio Cassius, XXVIII. 8.

[1171] Dio Cassius, XXVIII. 8. --Orelli, _Index Legum_, 178.

[1172] Cicero, in his speech against Vatinius, chap. 6, while
reproaching him for having disregarded the auspices, exclaims, “I ask
you first, Did you refer the matter to the Senate, as Cæsar did? ”

“It is true that Cæsar’s acts were, for the benefit of peace, confirmed
by the Senate. ” (Cicero, _Second Philippic_, 39. )

[1173] Dio Cassius, XXXVIII. 7.

[1174] Cæsar conducted himself with discretion in his consulship. ”
(Plutarch, _Crassus_, 17. )

[1175] “Cæsar published laws that were worthy, I will not say of a
consul, but of the most reckless of tribunes. ” (Plutarch, _Cæsar_, 14. )

[1176] Cicero, _Letters to Atticus_, VI. 1. --Appian, _Civil Wars_, II.
13.

[1177] Pliny, _Natural History_, XXXIII. 5. Drumann and Mommsen, like
ourselves, refuse their belief to the assertion of Suetonius.

[1178] Plutarch, _Lucullus_, 9.

[1179] Suetonius, _Cæsar_, 22. --Plutarch, _Cæsar_, 14.

[1180] Appian, _Civil Wars_, II. 14.

[1181] Plutarch, _Crassus_, 17.

[1182] Dio Cassius, XXXVIII. 8. --Suetonius, _Cæsar_, 22.

[1183] Suetonius, _Cæsar_, 22.

[1184] Dio Cassius, XL. 34.

[1185] “At the gladiatorial exhibition, the giver of the show and all
his attendants were received with hisses. At the games in honour of
Apollo, the tragedian Diphilus made a pointed allusion to our friend
Pompey in the lines--

‘’Tis through our woes that thou art great,’

and was called upon to repeat the words a thousand times. Further on,
the whole assembly cheered him when he said,

‘A time shall come, when thou thyself shall weep
That power of thine so deadly’--

for they are lines that one might have said were written on purpose by
an enemy of Pompey. The words

‘If nought, nor law, nor virtue, hold thee back,’

were received with a tempest of acclamation. When Cæsar arrived, he met
with a cold reception. Curio, on the other hand, who followed him, was
saluted with a thousand cheers, as Pompey used to be in the prosperous
times of the Republic. Cæsar was annoyed, and sent off a courier post
haste to Pompey, who is, they say, at Capua. ” (Cicero, _Letters to
Atticus_, II. 19. )

[1186] Suetonius, _Cæsar_, 9.

[1187] Cicero, _Letters to Atticus_, II. 19.

[1188] “Bibulus is being praised to the skies, I know not why; but he is
being extolled as the one only man who, by temporising, has restored the
State. Pompey, my idol Pompey, has been his own ruin, as I own with
tears to-day; he has no one left who takes his side from affection. I am
afraid that they will find it necessary to resort to intimidation. For
my own part, I forbear, on the one hand, to combat their views on
account of my ancient friendship with them, and, on the other, my
antecedents prevent my approving of what they are about; I preserve a
middle course. The humour of the people is best seen in the theatres. ”
(Cicero, _Letters to Atticus_, II. 19, 20, 21. )

[1189] “He keeps prudently in the background, but hopes at a safe
distance to witness their shipwreck. ” (Cicero, _Letters to Atticus_, II.
7. )

[1190] Cicero, _Letters to Atticus_, II. 13.

[1191] Cicero, _Letters to Atticus_, II. 17.

[1192] Cicero, _Letters to Atticus_, II. 20, 21.

[1193] Dio Cassius, XXXVIII. 11.

[1194] Cicero, _Letters to Atticus_, II. 24.

[1195] Cicero, _Oration against Vatinius_, II. --Dio Cassius, XXXVIII. 9.

[1196] Scholiast of Bobbio, _On Cicero’s Oration against Vatinius_, p.
330, edit. Orelli. --Appian, _Civil Wars_, II. 2 and 12.

[1197] Appian, _Civil Wars_, II. 12.

[1198] Suetonius, _Cæsar_, 20.

[1199] “He (Ariovistus) knows, by his messengers, that in causing
Cæsar’s death he would gratify a number of great persons at Rome; his
death would win to him their favour and friendship. ” (Cæsar, _War in
Gaul_, I. 44. )

[1200] Dio Cassius, XXXVIII. 12.

[1201] Cicero, _Letters to Quintus_, I. 2.

[1202] Suetonius, _Cæsar_, 23; _Nero_, 2.

[1203] Suetonius, _Cæsar_, 23. --Valerius Maximus, III. 7, 9.

[1204] “At the gates of Rome there was a general invested with authority
for many years, and at the head of a great army (_cum magno exercitu_).
Was he my enemy? I do not say he was; but I knew that when people said
so, he was silent. ” (Cicero, _Oration after his return in the Senate_,
13. )--“Oppressos, vos, inquit, tenebo _exercitu_ Cæsaris. ” (Cicero,
_Letters to Atticus_, II. 16. )--“Clodius said he would invade the curia
at the head of Cæsar’s _army_. ” (Cicero, _Oration on the Report of the
Augurs_, 22. )--“Cæsar had already gone out of Rome _with his army_. ”
(Dio Cassius, XXXVIII. 17. )

[1205] In several passages of Cicero’s letters, Cæsar is represented as
being at the gates of Rome at the head of his army; and yet we know from
his _Commentaries_ that at the beginning of the war in Gaul he had only
four legions, of which one was stationed on the banks of the Rhine, and
the three others at Aquileia, in Illyria. It is, therefore, difficult to
understand how he could have had troops at the gates of Rome, of which
no further mention is made in the course of his campaign. The only way
to reconcile the letters of Cicero with the _Commentaries_ is to allow
that Cæsar, independently of the legions which he found beyond the
frontiers of Italy, summoned to his standard the volunteers and Roman
veterans who were desirous of following him. Mustering at the gate of
Rome, they joined him subsequently in Gaul, and were merged in the
legions. This supposition is the more probable, as in 700, when the
question of re-electing Pompey and Crassus to the consulship was brought
forward, Cæsar sent to Rome a great number of soldiers to vote in the
comitia. Hence, as all the legions had been recruited in Cisalpine Gaul,
the inhabitants of which did not possess the right of Roman city, he
must have had other Roman citizens in his army. Besides, if Cæsar
appealed to the veterans, he only followed the example of nearly all the
Roman generals, and among others of Scipio, Flamininus, and Marius. In
fact, when Cornelius Scipio departed for the war against Antiochus,
there were five thousand volunteers at the gates of Rome--citizens as
well as allies--who had served in all the campaigns of his brother,
Scipio Africanus. (Titus Livius, XXXVII. 4. )--“When Flamininus left to
join the legions in Macedonia, he took with him three thousand veterans
who had fought against Hannibal and Hasdrubal. ” (Plutarch, _Flamininus_,
III. )--“Marius, before leaving for the war against Jugurtha, appealed to
all the bravest soldiers of Latium. He knew most of them for having
served under his eyes, and the rest by reputation. By force of
solicitation, he obliged even the veterans to go with him. ” (Sallust,
_War of Jugurtha_, LXXXIV. )

[1206] “At the present moment he (Clodius) is agitating and raging; he
knows not what he wants; he makes hostile demonstrations on this side
and on that, and seems to intend to leave to chance where he shall
strike. When he gives a thought to the unpopularity of the present state
of things, you would say he was going to fly at the authors of it; but
when he sees on which side are the means of action and the armed force,
he turns round against us. ” (Cicero, _Letters to Atticus_, II. 22. )

[1207] These clubs (_collegia compitalitia_) had an organisation which
was almost military, divided into districts, and composed exclusively of
the proletaries. (See Mommsen, _Roman History_, III. 290. )--“The slaves
enrolled under pretence of forming corporations. ” (Cicero, _Oration
after his return in the Senate_, 13. )

[1208] An exception, however, was made in 690, in favour of the
corporations of artisans. (Asconius, _In Pisone_, IV. p. 7; _In
Corneliana_, p. 75, edit. Orelli. )

[1209] Cicero, _Oration against Piso_, 4. --Asconius, _On the Oration of
Cicero against Piso_, pp. 7, 8, edit. Orelli. --Dio Cassius, XXXVIII. 13.

[1210] Dio Cassius, XXXVIII. 13.

[1211] Dio Cassius, XXXVIII. 17.

[1212] “I receive from Cæsar the most flattering invitations, asking me
to join him as lieutenant. ” (Cicero, _Letters to Atticus_, II. 17. )--“He
has got my enemy (Clodius) transferred to the plebeian order: either
because he was irritated to see that even his kindness could not
persuade me to join his side, or because he yielded to the urgency of
others. My refusal could not have been regarded as an insult, for
subsequently to it he advised me, nay, even entreated me, to serve him
as lieutenant. I did not accept this office, not because I thought it
beneath me, but because I was far from suspecting that the State could
possibly have, after Cæsar, any consuls so infamous as these (Piso and
Gabinius). ” (Cicero, _Oration about the Consular Provinces_, 17. )

[1213] “Thanks to the pains I take, my popularity and my strength
increase daily. I do not meddle with politics in any way--not the least.
My house is crowded; my friends gather round me when I go abroad; my
consulate seems to be beginning afresh. It rains protestations of
attachment; and my confidence is such that at times I long for the
strife, which I ought always to dread. ” (Cicero, _Letters to Atticus_,
II. 22. )--“Let Clodius bring his accusation. Italy will rise as one
man. ” (Cicero, _Letters to Quintus_, I. 2. )

[1214] Cicero, _Oration against Vatinius_, 16.

[1215] Plutarch, _Pompey_, 48.

[1216] Plutarch, _Cicero_, 41.

[1217] Velleius Paterculus, II. 45.

[1218] Suetonius, XXIII.

[1219] “The rumours which preceded Pompey had caused great consternation
there, because it had been said that he meant to enter the city with his
army. ” (Plutarch, _Pompey_, 45. )--“However, every one dreaded Pompey in
the greatest degree; no one knew whether he would disband his army or
not. ” (Dio Cassius, XXXVII. 44. )

* * * * *

Typographical errors corrected by the etext transcriber:

considererable=> considerable {pg 109}

acquiaed=> acquired {pg 118}

in Alterthum=> im Alterthum {pg 169 fn. 508}

There was, as we have seen, two peoples=> There were, as we have seen,
two peoples {pg 227}

Titus Livis=> Titus Livius {pg 256 fn.
691}

astembly=> assembly {pg 427}

ensreaties=> entreaties {pg 427}






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