INTRODUCTION.

THIS oration, which is said to have made Caesar tremble, was pronounced a short time after the oration for Marcellus was delivered, and was similar to that in its subject. The facts, which occasioned it, are as follow: Before there was an appearance of a civil war, Quintus Ligarius went into Africa in the capacity of Lieutenant to the Proconsul Caius Considius. So satisfactory was his conduct in this station, that when Considius departed from the province, he determined to gratify the inclinations of the people, and confide its government in the hands of Ligarius. Ligarius, after long and unavailing refusal, unwillingly received it, and resigned it with pleasure, when Attius Varus came to take possession of it. In the mean time the war between Caesar and Pompey commenced; and Lucius Tubero, with his son Quintus, was sent by the Senate into Africa to obtain provisions. Although Ligarius and Varus were of Pompey's party, as well as Tubero, they would not receive him, nor suffer him to put his sick son on shore. Being driven to Macedonia, Tubero then joined Pompey, and there took arms against Caesar; but, having seen his party ruined at the battle of Pharsalia, he abandoned his unsuccessful General, united himself to Caesar, and followed the conqueror to the Alexandrine and African wars. Afterwards when the war was concluded, and when Caesar had forgiven many, who had been opposed to him, the two brothers of Ligarius. who had ever been the friends of Caesar, and many of their relations interceded for his pardon. Caesar was much offended with Ligarius, and wished to reject the petition; but when he saw Cicero, Pansa, Brocchus, and others join in the request made for his pardon, he began to be inclined to grant it. At this time Quintus Tu-. bero, son of Lucius, influenced by motives of revenge for not having been formerly received into Africa, and being therefore desirous to obstruct any favour, intended to be bestowed upon Ligarius, that he might effectually gratify his vindictive desires, brought forward an accusation against Ligarius, charging him with having prose-cuted the war in Africa against Caesar with uncommon zeal and violence. Caesar, who was greatly exasperated against those, who through aversion to him had renewed the African war, was pleased. by the accusation, and, being greatly prejudiced against the defendant, changed his former determination, and became resolved to sacrifice him to the gratification of his own revenge. Plutarch re

lates, that Caesar was so much prepossessed against Ligarius, that, when the trial came on, and he was told that Cicero intended to plead for him, he said, he saw no reason why he should attend to Irim, as it was evident that Ligarius was an enemy,, and therefore criminal. He however permitted the orator to speak.

N 2

NOVUM crimen, C. Caesar, et ante hunc diem inauditum 'propinquus meus ad te Q. Tubero detulit, Q. Ligarium in Africâ fuisse: id 3C. Pansa, praestanti vir ingenio, fretus fortasse eâ familiaritate, quae est ei tecum, ausus est confiteri. Itaque, quò me vertam, nescio; paratus enim venĕram, cum tu id neque per te scires, neque audire aliunde potuisses, ut ignoratione tuâ ad hominis miseri salutem abuterer. Sed quoniam diligentiâ inimici investigatnm est id, quod latebat, confitendum est, ut opinor, praesertim cum meus necessarius C. Pansa fecèrit, ut id jam integrum non esset: omissâque controversiâ, omnis oratio ad misericordiam tuam conferenda est, quâ plurimi sunt conservati, cum a te non liberationem culpae, sed errati veniam impetravissent. Habes igitur, Tubero, quod est accusatori maximè optandum, confitentem reum : sed tamen ita confitentem, se in eâ parte fuisse, quâ te, Tubero, quâ virum omni laude dignum, patrem tuum. Itaque priùs de vestro delicto confiteamini necesse est, quàm Ligarii ullam culpam reprehendatis. Q. igitur Ligarius, cum esset adhuc nulla belli suspicio, legatus in Africam cum proconsule C. Considio profectus est: quâ in legatione et civibus et sociis ita se probavit, ut decedens Con

1. Propinquus meus-It is unknown what connexion Tubero had with Cicero. The old scholiasts say, that he married a sister of the

orator.

2. C. Pansa-Pansa was a famous orator, and had much influ ence with Caesar. He was very serviceable to those, who, having been friends of Pompey, supplicated Caesar's forgiveness.

3. Itaque prius de vestro delicto, etc.-Tubero himself had fought against Caesar: it was impossible therefore, that he could accuse Ligarius, before be confessed his own criminality.

sidius provinciâ satisfacere hominibus non posset, si quenquam alium provinciae praefecisset. Itaque Q. Ligarius, cum diu recusans nihil profecisset, provinciam accepit invitus : cui sic praefuit in pace, ut et civibus et sociis gratissima esset ejus integritas et fides. Bellum subitò exarsit : quod, qui erant in Africâ, antè audierunt geri, quàm parari; quo audito, partìm cupiditate inconsideratâ, partìm caeco quodam timore, primò salutis, pòst etiam studii sui, quaerebant aliquem ducem: cum Ligarius domum spectans et ad suos redire cupiens, nullo se implicari negotio passus est. Interim P. Attius Varus, qui praetor Africam obtinuerat, Uticam venit: ad eum statìm concursum est; atque ille non mediocri cupiditate arripuit imperium: si illud imperium esse potuit, quod ad privatum, clamore multitudinis imperitae, nullo publico consilio deferebatur. Itaque Ligarius, qui omne tale negotium cuperet effugere, paulùm adventu Vari conquievit.

II. Adhuc, C. Caesar, Q. Ligarius omni culpâ vacat: domo est egressus, non modò nullum ad bellum, sed ne ad minimam quidem suspicionem belli : legatus in pace profectus, in provinciâ pacatissimâ ita se gessit, ut ei pacem esse expediret. Profectio cer tè animum tuum non debet offendere; num igitur re

4. P. Attius Varus-Varus was the first, who took possession of Africa on the part of the republick; but, being afterwards defeated by Caesar, he fled with Sextus Pompeius into Spain, and was killed in the battle of Munda.

5. Si illud imperium, etc.-By a law of the people, the power of a magistrate must be conferred upon private persons by a decree of the Senate: Cicero therefore seems to doubt, whether the authority conferred by Considius upon Ligarius could with propriety be called imperium.

mansio? multò minùs :

nam profectio voluntatem habuit non turpem, remansio etiam necessitatem honestam. Ergo haec duo tempora carent crimine: unum, cum est legatus profectus; alterum, cum efflagitatus a provinciâ, praepositus Africae est. Tertium est tempus, quo post adventum Vari in Africâ restitit; quod si est criminosum, necessitatis crimen est, non voluntatis. An ille, si potuisset illinc ullo modo evadere, Uticae potiùs quàm Romae ; cum P. Attio, quàm cum concordissimis fratribus; cum alienis esse, quàm cum suis maluisset? cum ipsa legatio plena desiderii ac solicitudinis fuisset, propter incredibilem quendam fratrum amorem, hic aequo animo esse potuit, belli dissidio distractus a fratribus? Nullum igitur habes, Caesar, adhuc in Q. Ligario signum alienae a te voluntatis; cujus ego causam,. animadverte, quaeso, quâ fide defendam, cum prodo meam. O clementiam admirabilem atque omni laude, praedicatione, literis, monumentisque decorandam! M. Cicero apud te defendit, alium in eâ voluntate non fuisse, in quâ se ipsum confitetur fuisse ;. nec tuas tacitas cogitationes extimescit ; nec, quid tibi de alio audienti de seipso occurrat,, reformidat.

III. Vide, quàm non reformidem: vide, quanta lux liberalitatis et sapientiae tuae mihi apud te dicenti oboriatur; quantum potero, voce contendam, ut

6. Necessitatem honestam-The command of the Proconsul Considius, and the importunate solicitations of the people imposed upon Ligarius a kind of necessity to remain in Africa.

7. In quâ se ipsum-It has been before mentioned, that Cicero had chosen the party of Pompey, because he thought it less dangerous to the republick, and that, notwithstanding his political principles, Caesar had pardoned him.

hoc populus Romanus exaudiat.

Suscepto bello,

Caesar, gesto etiam ex magnâ parte, nullâ vi coactus, 'judicio meo ac voluntate ad ea arma profectus sum, quae erant sumpta contra te. Apud quem igitur hoc dico? nempè apud eum, qui cum hoc sciret, tamen me, antequam vidit, reipublicae reddidit: qui ad me ex Aegypto literas misit, ut essem idem, qui fuissem: qui, cum ipse imperator in toto imperio populi Romani unus esset, esse me alterum passus est: a quo, hoc ipso C. Pansâ mihi nuncium perferente, concessos fasces laureatos tenui, quoad tenendos putavi : qui mihi tum denique se salutem putavit reddere, si eam nullis spoliatam ornamentis redderet. Vide, quaeso, Tubero, ut qui de meo facto non dubitem dicere, de Ligarii non audeam confiteri. Atque haec propterea

8. Judicio meo-The success, which attended Cicero's oration for Marcellus, induced him now to be more frank in declaring his motives for joining Pompey. Knowing Caesar's clemency, he forgets the ties of gratitude, and the friendly, not political principles, which, he once said, induced him to unite himself to the antagonist of Caesar, and hesitates not to declare publickly and in the very presence of the conqueror, that he voluntarily and with mature deliberation "(judicio meo) attached himself to that party, which fought for the republick. As Cicero was an amiable man, we regret he did not remember, that insincerity doubles our calamities.

9. Ad me literas misit-After the battle of Pharsalia, Caesar went to Egypt, where he remained some months. While he was there, he wrote to Cicero, expressing his good will toward him; but, before the reception of the letter, Cicero had written to his friend Atticus to request Balbus, Hircius, and Pansa to intercede with Caesar in his favour. The address of Caesar's letter was Caesar Imperator M. Tullio Ciceroni Imperatori salutem.

1. Me alterum passus est-Cicero, as has been before related, was sent Proconsul into Cilicia in the Consulship of Servius Sulpicius and Marcus Marcellus, where he defeated the Armenians and took the city Findenissus, He also declared war against the robbers upon mount Amanus, and for his success against them was saluted with the title of Imperator by his soldiers. The next year he returned to Italy, where a civil war had commenced; but he still retained his power and remained Proconsul, by not going into Rome; for, as we are told by Ulpian, the Roman Commanders retained their authority, till they had entered the city.