--“The Campanian law contains a provision
which compels the candidates to swear, in the assembly of the people,
that they will never propose anything contrary to the Italian
legislation upon property.
which compels the candidates to swear, in the assembly of the people,
that they will never propose anything contrary to the Italian
legislation upon property.
Napoleon - History of Julius Caesar - a
1.
[1050] Plutarch, _Cæsar_, 12. --Appian (_Civil Wars_, II. 2, § 8) speaks
of twenty-five million sestertii--_i. e. _, 4,750,000 francs [£190,000].
[1051] Suetonius, _Cæsar_, 18.
[1052] Cicero, _Letter to Atticus_, I. 14, 16.
[1053] “From his youth up he was zealous and true to his clients. ”
(Suetonius, _Cæsar_, 71. )
[1054] Suetonius, _Cæsar_, 12.
[1055] Plutarch, _Cæsar_, 12.
[1056] Plutarch, _Cæsar_, 12.
[1057] A chain of mountains in Portugal, now called _Sierra di
Estrella_, separating the basin of the Tagus from the valley of Mondego.
According to Cellarius (_Ancient Geography_, I. 60), Mount Herminium is
still called _Arminno_. The principal _oppidum_ belonging to the
population of these mountains seems to have been called Medobrega
(_Membrio_). It is mentioned in _Cæsar’s Commentaries, War of
Alexandria_, 48.
[1058] Probably in the modern province of Leyria.
[1059] A survey made, in August, 1861, by the Duc de Bellune, leaves no
doubt that the peninsula of Peniche was once an island. The local
traditions state that in ancient times the ocean advanced as far as the
town of Atoguia; but since Dio Cassius speaks of the rising tide which
swept away soldiers, we must believe that there were fords at low tide.
We give extracts from Portuguese authors who have written on this
subject.
Bernard de Brito (_Portuguese Monarchy_, I. p. 429, Lisbon, 1790)
says:--“As along the entire coast of Portugal we cannot find, at the
present time, a single island that fulfils the conditions of the one
where Cæsar sought to disembark better than the peninsula, on which
there is a locality which, taking its name from its situation, is called
_Peniche_, we shall maintain, with our countryman Resende, that it is to
this that all the authors refer. And I do not believe it possible to
find one more suitable in every way than this: because, over and above
the fact that it is the only one, and situated at but a short distance
from the mainland, we see that when the tide is low it is possible to
traverse the strait dryshod, and with still greater facility than would
have been possible in ancient times, because the sea has silted up sand
against a large portion of this coast, and brought it to pass that the
sea does not rise to so high a point upon the land. Still, it rises high
enough to make it necessary, at high tide, to use a boat to reach the
island, and that in a space of about 500 paces in width, which separates
the island from the mainland. ”
The following is the passage of Resende:--“Sed quærendum utrobique
quænam insula ista fuerit terræ contigua, ad quam sive pedibus sive
natatu profugi transire potuerint, ad quam similiter et milites
trajicere tentarint? Non fuisse Londobrin, cujus meminit Ptolomæus
(_Berligam_ modo dicimus), indicio est distantia a continente non
modica. Et quum alia juxta Lusitaniæ totius littus nulla nostra ævo
exstet, hæc de qua Dion loquitur, vel incumbenti violentius mari abrasa,
vel certe peninsula illa oppidi Peniche juxta Atonguiam, erit
intelligenda. Nam etiam nunc alveo quingentis passibus lato a continente
sejungitur, qui pedibus æstu cedente transitur, redeunte vero insula
plane fit, neque adiri vado potest. Et forte illo sæculo fuerit
aliquanto major. ” (L. André de Resende. _De Antiquitatibus Lusitaniæ
cæteraque Historica quæ exstant Opera_, Conimbricæ, 1790, I. , p. 77. )
Antonio Carvalho (_Da costa corografia Portuguesa_, II. p. 144, Lisbon,
1712) sets forth the same view.
The preceding information is confirmed by the following letter of an
English bishop who accompanied the Crusaders, at the time of the siege
of Lisbon, in the reign of Alfonso Henrique, a. d. 1147:--“Die vero quasi
decima, impositis sarcinis nostris cum episcopis velificare incepimus
iter prosperum agentes. Die vero postera ad insulam Phenicis (vulgo
_Peniche_) distantis a continente quasi octingentis passibus feliciter
applicuimus. Insula abundat cervis et maxime cuniculis: liquiricium
(_lege_ glycyrrhizum) habet. Tyrii dicunt eam Erictream. Peni Gaddis, id
est septem, ultra quam non est terra: ideo extremus noti orbis terminus
dicitur. Juxta hanc sunt duæ insulæ quæ vulgo dicuntur Berlinges, id est
Baleares lingua corrupta, in una quarum est palatium admirabilis
architecturæ et multa officinarum diversoria regi cuidam, ut aiunt,
quondam gratissimum secretale hospicium. ” (Letter of an English Crusader
on the sack of Lisbon, in _Portugalliæ Monumenta Historica, a sæculo
octavo post Christum usque ad quintum decimum, justa Academiæ
Scientiarum Olisiponensis edita_. Volumen I. , fasciculus iii. Lisbon,
1861, p. 395. )
[1060] Dio Cassius, XXXVII. 52, 53. --“Cæsar, as soon as he arrived,
defeated the Lusitanians and the inhabitants of Galicia, and advanced as
far as the outer sea. Thus he caused people who had never yet recognised
the authority of the Romans to submit to them, and returned from his
government loaded with glory and wealth, of which he gave a part to his
soldiers. ” (Zonaras, _Annales_, X. 6. )
[1061] Appian, _Civil Wars_, II. 8.
[1062] Cæsar, _Spanish War_, 42.
[1063] Plutarch, _Cæsar_, 12.
[1064] “There come forward a whole army of accusers against those who
enriched themselves by usury in contempt of a law passed by Cæsar when
he was dictator, regulating the proportion to be observed between the
debts and possessions in Italy: a law which had for a long while fallen
into desuetude through the interest of individuals. ” (Tacitus, _Annals_,
vi. 16. --Suetonius, _Cæsar_, 42. )
[1065] “I will not enumerate all the marks of honour with which Cæsar
distinguished the people of this town when he was prætor in Spain; the
divisions he found means of healing among the citizens of Gades; the
laws which, with their consent, he gave them; the old barbarism of their
manners and customs, which he caused to disappear; the eagerness with
which, at the request of Balbus, he loaded them with benefits. ” (Cicero,
_Oration for Balbus_, 19. )
[1066] “From his youth he was acquainted with Cæsar, and that great man
was pleased with him. Cæsar, among the crowd of friends he had, marked
him out as one of his intimates when he was prætor: when he was consul,
he made him overseer of the manufactory of his military engines. He had
experience of his prudence; appreciated his devotion; accepted his acts
of kindness and his affection. At that time Balbus shared nearly all the
labours of Cæsar. ” (Cicero, _Oration for Balbus_, 28. )
[1067] “For this man (Cæsar) began by being prætor in Spain, and,
distrusting the loyalty of this province, he would not give its
inhabitants the chance of being subsequently more dangerous, through a
delusive peace. He chose to do what was of importance to the interests
of the Republic rather than to pass the days of his magistracy in
tranquillity; and as the Spaniards refused to surrender, he compelled
them to it by force. So he surpassed in honour those who had preceded
him in Spain; for it is a harder task to keep a conquest than to make
one. ” (Dio Cassius, XLIV. 41. )
[1068] Suetonius, _Cæsar_, 54.
[1069] “Cæsar arrives in two days. ” (_Cicero to Atticus_, II. 1, June,
694. )
[1070] Thence the name of _candidate_.
[1071] “Many candidates for the consulship had been nominated in their
absence; as, for instance, Marcellus, in 540. ” (Titus Livius, XXIV. 9. )
[1072] Plutarch, _Cato_, 36.
[1073] Florus, III. 23.
[1074] Cicero, _Letters to Atticus_, I. 18.
[1075] Cicero, _Letters to Atticus_, I. 18.
[1076] Cicero, _Letters to Atticus_, II. 1.
[1077] “It even appears that Cicero had lent the accused a million of
sestertii to purchase a mansion on the Palatine. ” (Aulus Gellius, XII.
12. )
[1078] Cicero, _Letters to Atticus_, I. 12.
[1079] Cicero, _Letters to Atticus_, I. 19.
[1080] Cicero, _Letters to Atticus_, II. 1.
[1081] Cicero, _Letters to Atticus_, I. 19.
[1082] Suetonius, _Cæsar_, 50.
[1083] Cicero, _Letters to Quintus_, I. 1, 11.
[1084] Cæsar, when consul and dictator, declared many foreign cities
free.
[1085] It will be seen in the next chapter that Cæsar recognized as
friends to the Roman people Auletes, king of Egypt, and Ariovistus, king
of the Germans.
[1086] _Duumvirs_, _decemvirs_, _vigintivirs_ were the names given to
magistrates who shared the same duties in boards of two, ten, or twenty.
In the present case, however, the object was only to bind together the
men of the greatest importance by a secret bond. Therefore the word
_triumvirate_ would be a misnomer.
[1087] “He wished me to join these three intimate consular men. ”
(Cicero, _Oration on the Consular Provinces_, 17. )
[1088] Dio Cassius, XXXVII. 57.
[1089] Cicero, _Familiar Letters_, V. 12.
[1090] Suetonius, _Cæsar_, 19. --Eutropius, VI. 14. --Plutarch, _Cæsar_,
13.
[1091] Suetonius, _Cæsar_, 19.
[1092] Plutarch, _Cato_, 26. --Suetonius, 19.
[1093] “But will you say that we can only have the knights on our side
by paying for them? What are we to do? Have we a choice of means? ”
(Cicero, _Letters to Atticus_, II. 1. )
[1094]
“Inde domum repetes toto comitante senatu,
Officium populi vix capiente domo. ”
Ovid, _Ex Ponto_, IV. Epist. 4.
[1095] Suetonius, _Cæsar_, 19.
[1096] Dio Cassius, XXXVIII. 1.
[1097] Appian, _Civil Wars_, II. 10.
[1098] Cicero, _Epistle to Atticus_, II. 3. --“When consul, he wished me
to take part in the operations of his consulship. Without approving
them, I felt nevertheless grateful to him for his deference. ” (_Oration
on the Consular Provinces_, 17. )
[1099] Plutarch, _Cæsar_, 14. --Suetonius, _Cæsar_, 21.
[1100] Plutarch, _Cæsar_, 14.
[1101] Plutarch, _Cato_, 24.
[1102] Plutarch, _Cato_, 59.
[1103] Suetonius, _Cæsar_, 20.
[1104] Titus Livius, IX. 8.
[1105] Appian, _Civil Wars_, II. 7.
[1106] Cicero, _Familiar Letters_, XIII. 4.
[1107] Dio Cassius, XXXVIII. 1.
[1108] _Epistles to Atticus_, I. 18. --In allusion to a former law, we
read as follows: “The senators who have discussed the present law shall
be held, within ten days following the plebiscitum, to swear to maintain
it before the questor, in the treasury, in open day, and taking for
witnesses Jupiter and the gods Penates. ” (_Table of Bantia_, Klenze,
_Philologische Abhandlungen_, IV. 16-24. )
[1109] Dio Cassius, XXXVIII. 1.
[1110] Dio Cassius, XXXVIII. 2.
[1111] Ateius Capito, _Treatise on the Duties of the Senator_, quoted by
Aulus Gellius, IV. 10. --Valerius Maximus, II. 10, § 7.
[1112] Dio Cassius, XXXVIII. 4.
[1113] Suetonius, _Cæsar_, 21.
[1114] Appian, _Civil Wars_, II. 11.
[1115] Dio Cassius, XXXVIII. 6.
[1116] The consuls, prætors, and generally all those who presided at an
assembly of the people, or even who attended in quality of magistrates,
had a right of veto, founded on popular superstition. This right was
exercised by declaring that a celestial phenomenon had been _observed_
by them, and that it was no longer permitted to deliberate. _Jupiter
darting thunder or rain, all treating on affairs with the people must be
stopped_; such was the text of the law, religious or political,
published in 597. It was not necessary that it should thunder or rain,
in fact; the affirmation of a magistrate qualified to _observe the sky_
being enough. (Cicero, _Oration for Sextius_, 15. --_Oration on the
Consular Provinces_, 19. )--(Asconius, _In Piso_, p. 9, ed.
Orelli. )--(Orelli, Indices to his edition of Cicero, VIII.
126. )--(_Index Legum_, articles _Laws Ælia_ and _Fusia_. )
[1117] Valerius Maximus, III. vii. 6.
[1118] Plutarch, _Cato_, 37.
[1119] Dio Cassius, XXXVIII. 7.
--“The Campanian law contains a provision
which compels the candidates to swear, in the assembly of the people,
that they will never propose anything contrary to the Italian
legislation upon property. All have sworn, except Laterensis, who
preferred desisting from the candidature for the tribuneship to taking
the oath, and much gratitude has been shown to him for it. ” (Cicero,
_Epistles to Atticus_, II. 18. )
[1120] This appears from the words of Dio Cassius (XXXVIII. 1). Several
scholars are unwilling to admit the existence of two agrarian laws; yet
Cicero, in his letter to Atticus (II. 7), written in April, announces
that the twenty commissioners are named. In this first law (_Familiar
Letters_, XIII. 4), he mentions the _ager_ of Volaterra, which was
certainly not in Campania. In another letter of the beginning of May
(_Letters to Atticus_, II. 16), he speaks of Campania for the first
time, and says that Pompey had approved the first agrarian law. Finally,
in that written in the month of June (_Letters to Atticus_, II. 18), he
speaks of the oath taken to the agrarian laws. Suetonius (_Cæsar_, 20)
and Appian (_Civil Wars_, II. 10) mention the Julian agrarian laws in
the plural. Titus Livius (_Epitome of Book_ CIII. ) speaks of the _leges
agrariæ_ of Cæsar; and Plutarch (_Cato_, 38) says positively: “Elated
with this victory, Cæsar proposed a new law, to share among the poor and
indigent citizens nearly all the lands of Campania;” and previously, in
chapter 36, the same author had said of Cæsar, that he proposed laws for
the distribution of the lands to the poor citizens. Thus there were
positively two laws published at an interval of some months; and if the
object of the second was the distribution of the _ager Campanus_, the
first had without doubt a more general character. Dio Cassius, after
having related the proposal of the first agrarian law, in which Campania
was excepted, says similarly: “Besides, the territory of Campania was
given to those who had three children or more” (XXXVIII. 7).
[1121] Cicero, _Second Philippic_, 15.
[1122] _Liber Coloniarum_, edit. Lachmann, pp. 220, 235, 239, 259,
260. --Several of these colonies probably dated no farther back than the
dictatorship of Cæsar.
[1123] Suetonius, _Cæsar_, 20. --Velleius Paterculus, II. 44. --Appian,
_Civil Wars_, II. 10. --“Capua mura ducta colonia Julia Felix, jussu
imperatoris Cæsaris a xx. viris deducta. ” (_Liber Coloniarum_, I. p.
231, edit. Lachmann. )
[1124] Cicero, _Second Philippic_, 39.
[1125] Dio Cassius, XXXVIII. 1. --Cicero, _Epistles to Atticus_, II. 19.
[1126] Cicero, _Epistles to Atticus_, II. 7.
[1127] Cicero, _Oration on the Consular Provinces_, 17.
[1128] Cicero, _Familiar Letters_, VIII. 10.
[1129] Appian, _Civil Wars_, II. 13. --_Scholiast_ of Bobbio on
Cicero. --Cicero, _Oration for Plancus_, p. 261, edit. Orelli.
[1130] Cicero, _Oration for Plancus_, 14.
[1131] Cicero, _Letters to Atticus_, II. 1. --Suetonius, _Cæsar_, 20.
[1132] Suetonius, _Cæsar_, 20. --Dio Cassius, XXXVIII. 7. --Appian, II.
13.
[1133] Suetonius, _Cæsar_, 20.
[1134] Cicero, _Second Oration on the Agrarian Law_, 16. --_Scholiast_ of
Bobbio on Cicero’s _Oration In Rege Alexandrino_, p. 350, edit. Orelli.
This Ptolemy Alexas, or Alexander, appears to have been a natural son of
Alexander I. , younger brother of Ptolemy Lathyrus, who is also called
Ptolemy Soter II. ; in this case he would be, though illegitimate, cousin
of Ptolemy Auletes. He had succeeded Alexander II. , legitimate son of
Alexander I. , who married his step-mother, Berenice, only legitimate
daughter of Ptolemy Soter II.
[1135] Cicero, _Letters to Atticus_, II. 16. --The King of Egypt gave
nearly 6,000 talents (35 millions of francs) to Cæsar and Pompey.
(Suetonius, _Cæsar_, 14. )
[1136] Suetonius, _Cæsar_, 54. --Dio Cassius, XXXIX. 12. --Cæsar’s
expressions (_War of Alexandria_, 33, and _Civil Wars_, III. 107) show
the friendship of Ptolemy Auletes for the Romans.
[1137] Cæsar, _War in Gaul_, I. 35. --Plutarch, _Cæsar_, 35. --Dio
Cassius, XXXVIII. 34.
[1138] Suetonius, _Cæsar_, 20.
[1139] Plutarch, _Cato_, 38. --“It was about the sixth hour, when, in the
course of my speech in court for C. Antonius, my colleague, I deplored
certain abuses which prevailed in the State, and which seemed to me to
be closely allied to the case of my unfortunate client. Some
ill-disposed persons reported my words to certain men of high position
in different terms to those I had used; and on the same day, at the
ninth hour, the adoption of Clodius was carried. ” (Cicero, _Oration for
his House_, 16. )
[1140] Appian, _Civil Wars_, II. 14. --Dio Cassius, XXXVIII.
12. --Plutarch, _Pompey_, 50. --Cicero, 39.
[1141] Cicero, _Oration for Sestius_, _loc. cit. _
[1142] Cicero, writing to Atticus about Cæsar’s first consulship, says:
“Weak as he was then, Cæsar was stronger than the entire State. ”
(_Letters to Atticus_, VII. 9. )
[1143] “Bibulus thought to render Cæsar an object of suspicion. He made
him more powerful than before. ” (Velleius Paterculus, II. 44. )
[1144] Suetonius, _Cæsar_, 20.
[1145] Cæsar rode an extraordinary horse, whose feet were shaped almost
like those of man, the hoof being divided in such a way as to present
the appearance of fingers. He had reared this horse, which had been
foaled in his house, with great care, for the soothsayers had predicted
the empire of the world to its master. Cæsar was the first who tamed it:
before that time the animal had allowed no one to mount it. Finally, he
erected a statue to its honour in front of the Temple of Venus
Genetrix. ” (Suetonius, _Cæsar_, 61. )
[1146] “I am quite of opinion that the right of absent candidates to
solicit the offices of the priesthood may be examined by the comitia,
for there is a precedent for that. C. Marius, whilst in Cappadocia, was
elected augur by the law Domitia, and no subsequent law has forbidden
the course; for the Julian Law, the last on the subject of the
priesthood, states: ‘He who is a candidate, or he whose right to become
one has been examined. ’” (Cicero, _Letters to Brutus_, I. 5. )
[1147] Cicero, _Oration against Piso_, 37.
[1148] Cicero, _Oration on the Consular Provinces_, 4. --_Oration against
Piso_, 21.
[1149] Cicero, _Oration against Piso_, 16; _Letters to Atticus_, V. 10,
16, 21. --_First Philippic_, 8.
[1150] “You have obtained,” says he, addressing Piso, “a consular
province with no other limits than those of your cupidity, in
contravention of the law of your son-in-law. In fact, by a law of
Cæsar’s, as just as it is salutary, free nations used to enjoy a full
and entire liberty. ” (Cicero, _Oration against Piso_, 16. )
[1151] Cicero, _Oration against Piso_, 25; _Familiar Letters_, II. 17;
_Letters to Atticus_, VI. 7. --“I will add, that if the ancient right and
antique usage were still in force, I should not have had to send in my
accounts till after I had discoursed about them, and had them audited
with good humour, and the formalities that our intimacy justifies. What
I would have done in Rome according to the old fashion, I ought,
according to the Julian law, to have done in my province: send in my
accounts on the spot, and only deposit in the treasury an exact copy of
them. I was obliged to follow the provisions of the law. The accounts,
duly audited and compared, were to be deposited in two towns, and I
chose, in the terms of the law, the two most important--Laodicea and
Apamea. . . . I come to the point of the customary presents. You must know
that I had only included in my list the military tribunes, the prefects,
and the officers of my house (_contubernales_). I even made a blunder. I
thought I was allowed any latitude in point of time. Subsequently I
learnt that the request ought to be sent in during the thirty days
allowed for the settling the accounts. Happily, all is safe as far as
the centurions are concerned, and the officers of the household of the
military tribunes--for the law is silent in regard to the latter.
(Cicero, _Familiar Letters_, V. 20. )
[1152] Dio Cassius, XLIII. 25.
[1153] “I say nothing about the golden crown that has been so long a
torture to you, in your uncertainty as to whether you ought to demand it
or not. In fact, the law of your son-in-law forbad them to give it or
you to receive it, unless your triumph had been granted you. ” (Cicero,
_Oration against Piso_, 37. )
[1154] Cicero, _Oration against Piso_, 37; _Letters to Atticus_, V. 10,
16.
[1155] “Take notice, I beg you, that I paid into the hands of the
farmers of the revenues at Ephesus twenty-two millions of sestertii, a
sum to which I have a perfect right, and that Pompey laid hands on the
whole. I have made up my mind on the subject--whether wisely or unwisely
matters not. ” (Cicero, _Oration against Piso_, xxxvii. 16. )
[1156] Cicero, _Oration against Piso_, 21.
[1157] Cicero, _Oration on the Consular Provinces_, 2, 3, 4.
[1158] “Is there any position more disgraceful than that of a senator,
who goes on a mission without the slightest authorisation on the part of
the State? It was this kind of mission that I should have abolished
during my consulship, even with the consent of the Senate,
notwithstanding the apparent advantages it held out, had it not been for
the senseless opposition of a tribune. At any rate I caused its duration
to be shortened: formerly it had no limit; now I have reduced it to a
year. ” (Cicero, _On Laws_, III. 8. )
[1159] “Moreover, I think that the Julian law has defined the duration
of free embassies: nor will it be easy to extend it. ” (Cicero, _Letters
to Atticus_, XV. 11. --Orelli, _Index Legum_, p. 192. )
[1160] Cicero, _Oration for Sestius_, 64. “Liberty torn from nations and
individuals on whom it had been conferred, and whose right had been, by
virtue of the Julian law, so precisely ensured against all hostile
attacks. ” (_Oration against Piso_, xxxvii. 16. )
[1161] Cicero, _Familiar Letters_, VIII. 8. --Several of its chapters
have been preserved in the Digest, XLVIII. tit. XI. It is generally
supposed that the fragments inscribed on a tablet of brass in the Museum
of Florence belong to the same law. They have been published by Maffei,
_Museum Veronese_, p. 365, No. 4, and commented on by the celebrated
Marini, in his work on the Monuments of the Fratres Arvales, I. pp. 39,
40, note 44.
[1162] Suetonius, _Cæsar_, 42.
[1163] Cicero, _Oration for Rabirimus Postumus_, 4, 5.
[1164] Fragments of the Julian law, _De Repetundis_, preserved in the
_Digest_, XLVIII. 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.
[1050] Plutarch, _Cæsar_, 12. --Appian (_Civil Wars_, II. 2, § 8) speaks
of twenty-five million sestertii--_i. e. _, 4,750,000 francs [£190,000].
[1051] Suetonius, _Cæsar_, 18.
[1052] Cicero, _Letter to Atticus_, I. 14, 16.
[1053] “From his youth up he was zealous and true to his clients. ”
(Suetonius, _Cæsar_, 71. )
[1054] Suetonius, _Cæsar_, 12.
[1055] Plutarch, _Cæsar_, 12.
[1056] Plutarch, _Cæsar_, 12.
[1057] A chain of mountains in Portugal, now called _Sierra di
Estrella_, separating the basin of the Tagus from the valley of Mondego.
According to Cellarius (_Ancient Geography_, I. 60), Mount Herminium is
still called _Arminno_. The principal _oppidum_ belonging to the
population of these mountains seems to have been called Medobrega
(_Membrio_). It is mentioned in _Cæsar’s Commentaries, War of
Alexandria_, 48.
[1058] Probably in the modern province of Leyria.
[1059] A survey made, in August, 1861, by the Duc de Bellune, leaves no
doubt that the peninsula of Peniche was once an island. The local
traditions state that in ancient times the ocean advanced as far as the
town of Atoguia; but since Dio Cassius speaks of the rising tide which
swept away soldiers, we must believe that there were fords at low tide.
We give extracts from Portuguese authors who have written on this
subject.
Bernard de Brito (_Portuguese Monarchy_, I. p. 429, Lisbon, 1790)
says:--“As along the entire coast of Portugal we cannot find, at the
present time, a single island that fulfils the conditions of the one
where Cæsar sought to disembark better than the peninsula, on which
there is a locality which, taking its name from its situation, is called
_Peniche_, we shall maintain, with our countryman Resende, that it is to
this that all the authors refer. And I do not believe it possible to
find one more suitable in every way than this: because, over and above
the fact that it is the only one, and situated at but a short distance
from the mainland, we see that when the tide is low it is possible to
traverse the strait dryshod, and with still greater facility than would
have been possible in ancient times, because the sea has silted up sand
against a large portion of this coast, and brought it to pass that the
sea does not rise to so high a point upon the land. Still, it rises high
enough to make it necessary, at high tide, to use a boat to reach the
island, and that in a space of about 500 paces in width, which separates
the island from the mainland. ”
The following is the passage of Resende:--“Sed quærendum utrobique
quænam insula ista fuerit terræ contigua, ad quam sive pedibus sive
natatu profugi transire potuerint, ad quam similiter et milites
trajicere tentarint? Non fuisse Londobrin, cujus meminit Ptolomæus
(_Berligam_ modo dicimus), indicio est distantia a continente non
modica. Et quum alia juxta Lusitaniæ totius littus nulla nostra ævo
exstet, hæc de qua Dion loquitur, vel incumbenti violentius mari abrasa,
vel certe peninsula illa oppidi Peniche juxta Atonguiam, erit
intelligenda. Nam etiam nunc alveo quingentis passibus lato a continente
sejungitur, qui pedibus æstu cedente transitur, redeunte vero insula
plane fit, neque adiri vado potest. Et forte illo sæculo fuerit
aliquanto major. ” (L. André de Resende. _De Antiquitatibus Lusitaniæ
cæteraque Historica quæ exstant Opera_, Conimbricæ, 1790, I. , p. 77. )
Antonio Carvalho (_Da costa corografia Portuguesa_, II. p. 144, Lisbon,
1712) sets forth the same view.
The preceding information is confirmed by the following letter of an
English bishop who accompanied the Crusaders, at the time of the siege
of Lisbon, in the reign of Alfonso Henrique, a. d. 1147:--“Die vero quasi
decima, impositis sarcinis nostris cum episcopis velificare incepimus
iter prosperum agentes. Die vero postera ad insulam Phenicis (vulgo
_Peniche_) distantis a continente quasi octingentis passibus feliciter
applicuimus. Insula abundat cervis et maxime cuniculis: liquiricium
(_lege_ glycyrrhizum) habet. Tyrii dicunt eam Erictream. Peni Gaddis, id
est septem, ultra quam non est terra: ideo extremus noti orbis terminus
dicitur. Juxta hanc sunt duæ insulæ quæ vulgo dicuntur Berlinges, id est
Baleares lingua corrupta, in una quarum est palatium admirabilis
architecturæ et multa officinarum diversoria regi cuidam, ut aiunt,
quondam gratissimum secretale hospicium. ” (Letter of an English Crusader
on the sack of Lisbon, in _Portugalliæ Monumenta Historica, a sæculo
octavo post Christum usque ad quintum decimum, justa Academiæ
Scientiarum Olisiponensis edita_. Volumen I. , fasciculus iii. Lisbon,
1861, p. 395. )
[1060] Dio Cassius, XXXVII. 52, 53. --“Cæsar, as soon as he arrived,
defeated the Lusitanians and the inhabitants of Galicia, and advanced as
far as the outer sea. Thus he caused people who had never yet recognised
the authority of the Romans to submit to them, and returned from his
government loaded with glory and wealth, of which he gave a part to his
soldiers. ” (Zonaras, _Annales_, X. 6. )
[1061] Appian, _Civil Wars_, II. 8.
[1062] Cæsar, _Spanish War_, 42.
[1063] Plutarch, _Cæsar_, 12.
[1064] “There come forward a whole army of accusers against those who
enriched themselves by usury in contempt of a law passed by Cæsar when
he was dictator, regulating the proportion to be observed between the
debts and possessions in Italy: a law which had for a long while fallen
into desuetude through the interest of individuals. ” (Tacitus, _Annals_,
vi. 16. --Suetonius, _Cæsar_, 42. )
[1065] “I will not enumerate all the marks of honour with which Cæsar
distinguished the people of this town when he was prætor in Spain; the
divisions he found means of healing among the citizens of Gades; the
laws which, with their consent, he gave them; the old barbarism of their
manners and customs, which he caused to disappear; the eagerness with
which, at the request of Balbus, he loaded them with benefits. ” (Cicero,
_Oration for Balbus_, 19. )
[1066] “From his youth he was acquainted with Cæsar, and that great man
was pleased with him. Cæsar, among the crowd of friends he had, marked
him out as one of his intimates when he was prætor: when he was consul,
he made him overseer of the manufactory of his military engines. He had
experience of his prudence; appreciated his devotion; accepted his acts
of kindness and his affection. At that time Balbus shared nearly all the
labours of Cæsar. ” (Cicero, _Oration for Balbus_, 28. )
[1067] “For this man (Cæsar) began by being prætor in Spain, and,
distrusting the loyalty of this province, he would not give its
inhabitants the chance of being subsequently more dangerous, through a
delusive peace. He chose to do what was of importance to the interests
of the Republic rather than to pass the days of his magistracy in
tranquillity; and as the Spaniards refused to surrender, he compelled
them to it by force. So he surpassed in honour those who had preceded
him in Spain; for it is a harder task to keep a conquest than to make
one. ” (Dio Cassius, XLIV. 41. )
[1068] Suetonius, _Cæsar_, 54.
[1069] “Cæsar arrives in two days. ” (_Cicero to Atticus_, II. 1, June,
694. )
[1070] Thence the name of _candidate_.
[1071] “Many candidates for the consulship had been nominated in their
absence; as, for instance, Marcellus, in 540. ” (Titus Livius, XXIV. 9. )
[1072] Plutarch, _Cato_, 36.
[1073] Florus, III. 23.
[1074] Cicero, _Letters to Atticus_, I. 18.
[1075] Cicero, _Letters to Atticus_, I. 18.
[1076] Cicero, _Letters to Atticus_, II. 1.
[1077] “It even appears that Cicero had lent the accused a million of
sestertii to purchase a mansion on the Palatine. ” (Aulus Gellius, XII.
12. )
[1078] Cicero, _Letters to Atticus_, I. 12.
[1079] Cicero, _Letters to Atticus_, I. 19.
[1080] Cicero, _Letters to Atticus_, II. 1.
[1081] Cicero, _Letters to Atticus_, I. 19.
[1082] Suetonius, _Cæsar_, 50.
[1083] Cicero, _Letters to Quintus_, I. 1, 11.
[1084] Cæsar, when consul and dictator, declared many foreign cities
free.
[1085] It will be seen in the next chapter that Cæsar recognized as
friends to the Roman people Auletes, king of Egypt, and Ariovistus, king
of the Germans.
[1086] _Duumvirs_, _decemvirs_, _vigintivirs_ were the names given to
magistrates who shared the same duties in boards of two, ten, or twenty.
In the present case, however, the object was only to bind together the
men of the greatest importance by a secret bond. Therefore the word
_triumvirate_ would be a misnomer.
[1087] “He wished me to join these three intimate consular men. ”
(Cicero, _Oration on the Consular Provinces_, 17. )
[1088] Dio Cassius, XXXVII. 57.
[1089] Cicero, _Familiar Letters_, V. 12.
[1090] Suetonius, _Cæsar_, 19. --Eutropius, VI. 14. --Plutarch, _Cæsar_,
13.
[1091] Suetonius, _Cæsar_, 19.
[1092] Plutarch, _Cato_, 26. --Suetonius, 19.
[1093] “But will you say that we can only have the knights on our side
by paying for them? What are we to do? Have we a choice of means? ”
(Cicero, _Letters to Atticus_, II. 1. )
[1094]
“Inde domum repetes toto comitante senatu,
Officium populi vix capiente domo. ”
Ovid, _Ex Ponto_, IV. Epist. 4.
[1095] Suetonius, _Cæsar_, 19.
[1096] Dio Cassius, XXXVIII. 1.
[1097] Appian, _Civil Wars_, II. 10.
[1098] Cicero, _Epistle to Atticus_, II. 3. --“When consul, he wished me
to take part in the operations of his consulship. Without approving
them, I felt nevertheless grateful to him for his deference. ” (_Oration
on the Consular Provinces_, 17. )
[1099] Plutarch, _Cæsar_, 14. --Suetonius, _Cæsar_, 21.
[1100] Plutarch, _Cæsar_, 14.
[1101] Plutarch, _Cato_, 24.
[1102] Plutarch, _Cato_, 59.
[1103] Suetonius, _Cæsar_, 20.
[1104] Titus Livius, IX. 8.
[1105] Appian, _Civil Wars_, II. 7.
[1106] Cicero, _Familiar Letters_, XIII. 4.
[1107] Dio Cassius, XXXVIII. 1.
[1108] _Epistles to Atticus_, I. 18. --In allusion to a former law, we
read as follows: “The senators who have discussed the present law shall
be held, within ten days following the plebiscitum, to swear to maintain
it before the questor, in the treasury, in open day, and taking for
witnesses Jupiter and the gods Penates. ” (_Table of Bantia_, Klenze,
_Philologische Abhandlungen_, IV. 16-24. )
[1109] Dio Cassius, XXXVIII. 1.
[1110] Dio Cassius, XXXVIII. 2.
[1111] Ateius Capito, _Treatise on the Duties of the Senator_, quoted by
Aulus Gellius, IV. 10. --Valerius Maximus, II. 10, § 7.
[1112] Dio Cassius, XXXVIII. 4.
[1113] Suetonius, _Cæsar_, 21.
[1114] Appian, _Civil Wars_, II. 11.
[1115] Dio Cassius, XXXVIII. 6.
[1116] The consuls, prætors, and generally all those who presided at an
assembly of the people, or even who attended in quality of magistrates,
had a right of veto, founded on popular superstition. This right was
exercised by declaring that a celestial phenomenon had been _observed_
by them, and that it was no longer permitted to deliberate. _Jupiter
darting thunder or rain, all treating on affairs with the people must be
stopped_; such was the text of the law, religious or political,
published in 597. It was not necessary that it should thunder or rain,
in fact; the affirmation of a magistrate qualified to _observe the sky_
being enough. (Cicero, _Oration for Sextius_, 15. --_Oration on the
Consular Provinces_, 19. )--(Asconius, _In Piso_, p. 9, ed.
Orelli. )--(Orelli, Indices to his edition of Cicero, VIII.
126. )--(_Index Legum_, articles _Laws Ælia_ and _Fusia_. )
[1117] Valerius Maximus, III. vii. 6.
[1118] Plutarch, _Cato_, 37.
[1119] Dio Cassius, XXXVIII. 7.
--“The Campanian law contains a provision
which compels the candidates to swear, in the assembly of the people,
that they will never propose anything contrary to the Italian
legislation upon property. All have sworn, except Laterensis, who
preferred desisting from the candidature for the tribuneship to taking
the oath, and much gratitude has been shown to him for it. ” (Cicero,
_Epistles to Atticus_, II. 18. )
[1120] This appears from the words of Dio Cassius (XXXVIII. 1). Several
scholars are unwilling to admit the existence of two agrarian laws; yet
Cicero, in his letter to Atticus (II. 7), written in April, announces
that the twenty commissioners are named. In this first law (_Familiar
Letters_, XIII. 4), he mentions the _ager_ of Volaterra, which was
certainly not in Campania. In another letter of the beginning of May
(_Letters to Atticus_, II. 16), he speaks of Campania for the first
time, and says that Pompey had approved the first agrarian law. Finally,
in that written in the month of June (_Letters to Atticus_, II. 18), he
speaks of the oath taken to the agrarian laws. Suetonius (_Cæsar_, 20)
and Appian (_Civil Wars_, II. 10) mention the Julian agrarian laws in
the plural. Titus Livius (_Epitome of Book_ CIII. ) speaks of the _leges
agrariæ_ of Cæsar; and Plutarch (_Cato_, 38) says positively: “Elated
with this victory, Cæsar proposed a new law, to share among the poor and
indigent citizens nearly all the lands of Campania;” and previously, in
chapter 36, the same author had said of Cæsar, that he proposed laws for
the distribution of the lands to the poor citizens. Thus there were
positively two laws published at an interval of some months; and if the
object of the second was the distribution of the _ager Campanus_, the
first had without doubt a more general character. Dio Cassius, after
having related the proposal of the first agrarian law, in which Campania
was excepted, says similarly: “Besides, the territory of Campania was
given to those who had three children or more” (XXXVIII. 7).
[1121] Cicero, _Second Philippic_, 15.
[1122] _Liber Coloniarum_, edit. Lachmann, pp. 220, 235, 239, 259,
260. --Several of these colonies probably dated no farther back than the
dictatorship of Cæsar.
[1123] Suetonius, _Cæsar_, 20. --Velleius Paterculus, II. 44. --Appian,
_Civil Wars_, II. 10. --“Capua mura ducta colonia Julia Felix, jussu
imperatoris Cæsaris a xx. viris deducta. ” (_Liber Coloniarum_, I. p.
231, edit. Lachmann. )
[1124] Cicero, _Second Philippic_, 39.
[1125] Dio Cassius, XXXVIII. 1. --Cicero, _Epistles to Atticus_, II. 19.
[1126] Cicero, _Epistles to Atticus_, II. 7.
[1127] Cicero, _Oration on the Consular Provinces_, 17.
[1128] Cicero, _Familiar Letters_, VIII. 10.
[1129] Appian, _Civil Wars_, II. 13. --_Scholiast_ of Bobbio on
Cicero. --Cicero, _Oration for Plancus_, p. 261, edit. Orelli.
[1130] Cicero, _Oration for Plancus_, 14.
[1131] Cicero, _Letters to Atticus_, II. 1. --Suetonius, _Cæsar_, 20.
[1132] Suetonius, _Cæsar_, 20. --Dio Cassius, XXXVIII. 7. --Appian, II.
13.
[1133] Suetonius, _Cæsar_, 20.
[1134] Cicero, _Second Oration on the Agrarian Law_, 16. --_Scholiast_ of
Bobbio on Cicero’s _Oration In Rege Alexandrino_, p. 350, edit. Orelli.
This Ptolemy Alexas, or Alexander, appears to have been a natural son of
Alexander I. , younger brother of Ptolemy Lathyrus, who is also called
Ptolemy Soter II. ; in this case he would be, though illegitimate, cousin
of Ptolemy Auletes. He had succeeded Alexander II. , legitimate son of
Alexander I. , who married his step-mother, Berenice, only legitimate
daughter of Ptolemy Soter II.
[1135] Cicero, _Letters to Atticus_, II. 16. --The King of Egypt gave
nearly 6,000 talents (35 millions of francs) to Cæsar and Pompey.
(Suetonius, _Cæsar_, 14. )
[1136] Suetonius, _Cæsar_, 54. --Dio Cassius, XXXIX. 12. --Cæsar’s
expressions (_War of Alexandria_, 33, and _Civil Wars_, III. 107) show
the friendship of Ptolemy Auletes for the Romans.
[1137] Cæsar, _War in Gaul_, I. 35. --Plutarch, _Cæsar_, 35. --Dio
Cassius, XXXVIII. 34.
[1138] Suetonius, _Cæsar_, 20.
[1139] Plutarch, _Cato_, 38. --“It was about the sixth hour, when, in the
course of my speech in court for C. Antonius, my colleague, I deplored
certain abuses which prevailed in the State, and which seemed to me to
be closely allied to the case of my unfortunate client. Some
ill-disposed persons reported my words to certain men of high position
in different terms to those I had used; and on the same day, at the
ninth hour, the adoption of Clodius was carried. ” (Cicero, _Oration for
his House_, 16. )
[1140] Appian, _Civil Wars_, II. 14. --Dio Cassius, XXXVIII.
12. --Plutarch, _Pompey_, 50. --Cicero, 39.
[1141] Cicero, _Oration for Sestius_, _loc. cit. _
[1142] Cicero, writing to Atticus about Cæsar’s first consulship, says:
“Weak as he was then, Cæsar was stronger than the entire State. ”
(_Letters to Atticus_, VII. 9. )
[1143] “Bibulus thought to render Cæsar an object of suspicion. He made
him more powerful than before. ” (Velleius Paterculus, II. 44. )
[1144] Suetonius, _Cæsar_, 20.
[1145] Cæsar rode an extraordinary horse, whose feet were shaped almost
like those of man, the hoof being divided in such a way as to present
the appearance of fingers. He had reared this horse, which had been
foaled in his house, with great care, for the soothsayers had predicted
the empire of the world to its master. Cæsar was the first who tamed it:
before that time the animal had allowed no one to mount it. Finally, he
erected a statue to its honour in front of the Temple of Venus
Genetrix. ” (Suetonius, _Cæsar_, 61. )
[1146] “I am quite of opinion that the right of absent candidates to
solicit the offices of the priesthood may be examined by the comitia,
for there is a precedent for that. C. Marius, whilst in Cappadocia, was
elected augur by the law Domitia, and no subsequent law has forbidden
the course; for the Julian Law, the last on the subject of the
priesthood, states: ‘He who is a candidate, or he whose right to become
one has been examined. ’” (Cicero, _Letters to Brutus_, I. 5. )
[1147] Cicero, _Oration against Piso_, 37.
[1148] Cicero, _Oration on the Consular Provinces_, 4. --_Oration against
Piso_, 21.
[1149] Cicero, _Oration against Piso_, 16; _Letters to Atticus_, V. 10,
16, 21. --_First Philippic_, 8.
[1150] “You have obtained,” says he, addressing Piso, “a consular
province with no other limits than those of your cupidity, in
contravention of the law of your son-in-law. In fact, by a law of
Cæsar’s, as just as it is salutary, free nations used to enjoy a full
and entire liberty. ” (Cicero, _Oration against Piso_, 16. )
[1151] Cicero, _Oration against Piso_, 25; _Familiar Letters_, II. 17;
_Letters to Atticus_, VI. 7. --“I will add, that if the ancient right and
antique usage were still in force, I should not have had to send in my
accounts till after I had discoursed about them, and had them audited
with good humour, and the formalities that our intimacy justifies. What
I would have done in Rome according to the old fashion, I ought,
according to the Julian law, to have done in my province: send in my
accounts on the spot, and only deposit in the treasury an exact copy of
them. I was obliged to follow the provisions of the law. The accounts,
duly audited and compared, were to be deposited in two towns, and I
chose, in the terms of the law, the two most important--Laodicea and
Apamea. . . . I come to the point of the customary presents. You must know
that I had only included in my list the military tribunes, the prefects,
and the officers of my house (_contubernales_). I even made a blunder. I
thought I was allowed any latitude in point of time. Subsequently I
learnt that the request ought to be sent in during the thirty days
allowed for the settling the accounts. Happily, all is safe as far as
the centurions are concerned, and the officers of the household of the
military tribunes--for the law is silent in regard to the latter.
(Cicero, _Familiar Letters_, V. 20. )
[1152] Dio Cassius, XLIII. 25.
[1153] “I say nothing about the golden crown that has been so long a
torture to you, in your uncertainty as to whether you ought to demand it
or not. In fact, the law of your son-in-law forbad them to give it or
you to receive it, unless your triumph had been granted you. ” (Cicero,
_Oration against Piso_, 37. )
[1154] Cicero, _Oration against Piso_, 37; _Letters to Atticus_, V. 10,
16.
[1155] “Take notice, I beg you, that I paid into the hands of the
farmers of the revenues at Ephesus twenty-two millions of sestertii, a
sum to which I have a perfect right, and that Pompey laid hands on the
whole. I have made up my mind on the subject--whether wisely or unwisely
matters not. ” (Cicero, _Oration against Piso_, xxxvii. 16. )
[1156] Cicero, _Oration against Piso_, 21.
[1157] Cicero, _Oration on the Consular Provinces_, 2, 3, 4.
[1158] “Is there any position more disgraceful than that of a senator,
who goes on a mission without the slightest authorisation on the part of
the State? It was this kind of mission that I should have abolished
during my consulship, even with the consent of the Senate,
notwithstanding the apparent advantages it held out, had it not been for
the senseless opposition of a tribune. At any rate I caused its duration
to be shortened: formerly it had no limit; now I have reduced it to a
year. ” (Cicero, _On Laws_, III. 8. )
[1159] “Moreover, I think that the Julian law has defined the duration
of free embassies: nor will it be easy to extend it. ” (Cicero, _Letters
to Atticus_, XV. 11. --Orelli, _Index Legum_, p. 192. )
[1160] Cicero, _Oration for Sestius_, 64. “Liberty torn from nations and
individuals on whom it had been conferred, and whose right had been, by
virtue of the Julian law, so precisely ensured against all hostile
attacks. ” (_Oration against Piso_, xxxvii. 16. )
[1161] Cicero, _Familiar Letters_, VIII. 8. --Several of its chapters
have been preserved in the Digest, XLVIII. tit. XI. It is generally
supposed that the fragments inscribed on a tablet of brass in the Museum
of Florence belong to the same law. They have been published by Maffei,
_Museum Veronese_, p. 365, No. 4, and commented on by the celebrated
Marini, in his work on the Monuments of the Fratres Arvales, I. pp. 39,
40, note 44.
[1162] Suetonius, _Cæsar_, 42.
[1163] Cicero, _Oration for Rabirimus Postumus_, 4, 5.
[1164] Fragments of the Julian law, _De Repetundis_, preserved in the
_Digest_, XLVIII. 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.
