15

dēbent togātī iūdicēs ā Mūsārum honōre et ā poētārum salūte abhorrere.

Atque ut id libentius faciatis, iam mē vōbīs, iūdicēs, indicābō 28 et de meō quōdam amōre glōriae nimis acrī fortasse, vērum tamen honestō vōbis cōnfitēbor. Nam, quas rēs nōs in cōnsulātū nostro vobiscum simul prō salute huius urbis atque imperii et prō vītā civium prōque universā rē pūblică gessimus, 20 attigit hic versibus atque inchoavit. Quibus audītis, quod mihi magna rēs et iucunda visa est, hunc ad perficiendum adhortatus sum. Nullam enim virtus aliam mercedem labōrum perī culōrumque desiderat praeter hanc laudis et gloriae; qua qui dem dētrāctă, iūdicēs, quid est, quod in hoc tam exiguo vitae 25 curriculō et tam brevi tantīs nōs in laboribus exerceamus? Certē, sī nihil animus praesentiret in posterum, et si quibus 29 regiōnibus vitae spatium circumscriptum est, eisdem omnēs cōgitātiōnēs termināret suās, nec tantīs sē labōribus frangeret neque tot curis vigiliisque angerētur nec totiens de ipsa vitā 30 dimicaret. Nunc insidet quaedam in optimō quoque virtus, quae noctes ac dies animum gloriae stimulis concitat atque admonet nōn cum vitae tempore esse dimittendam comme

panied him on his Aetolian campaign (cf. 9. 34), and favored Greek literature and refinement. In his censorship, in 179, he erected a temple to Hercules and the Muses, and adorned it with paintings and statues which he had brought from Greece. Martis manubias: 'the spoils of war.' armati: 'still in arms.' togati: in the garb of peace;' see on me togato, II. 13. 4.

$828-30. Archias is to celebrate Cicero's deeds in suppressing the Catilinarian conspiracy. The orator admits that this gives him a particular interest in the poet, appealing as it does to his love of glory, and then attempts to justify his desire for glory and fame.

18-20. vobis: i.e. iudicibus; Cicero addresses them as representatives of the conservative party; the knights, and others who served on juries at this time,

sympathized with him in his action against the party of Catiline. re: 'welfare.' simul: here used to strengthen cum; it sometimes is used as preposition by itself (A. 432, c, note; B. 144, 2; H. 490, 4; H.-B. 418, b). attigit: for meaning cf. the same word in 9. 6. inchoavit: 'has essayed to treat,' 'has undertaken to discuss.'

23, 24. hanc: sc. mercedem. quidem: strongly emphasizing qua; ‘and when you take this (mercedem laudis et gloriae) away.' quid est quod: see on 5. 8 and on M. L. 24. 8.

26-30. nihil praesentiret in: 'had no anticipation concerning.' regionibus: 'boundaries,' as in 10. 9. se frangeret: 'would wear itself out.' angeretur: 'would allow itself to be distressed,' 'would distress itself.' de vita: at the risk of life,' as in 10. 12.

morātiōnem nominis nostrī, sed cum omni posteritate adaequandam.

12. An vērō tam parví animī videāmur esse omnēs, qui in rẽ 30 publică atque in hīs vītae perīculis labōribusque versāmur, ut cum usque ad extremum spatium nullum tranquillum atque ōtiōsum spīritum duxerimus, nōbīscum simul moritūra omnia 5 arbitrēmur? An statuas et imāginēs, nōn animōrum simulacra, sed corporum, studiōsē multi summi hominēs reliquerunt cōnsiliōrum relinquere ac virtutum nostrārum effigiem nōnne multō malle dēbēmus summis ingeniis expressam et polītam? Ego vērō omnia, quae gerēbam, iam tum in gerendō spargere to me ac dissēmināre arbitrābar in orbis terrae memoriam sempiternam. Haec vērō sīve à meō sēnsū post mortem afutūra est sīve, ut sapientissimī hominēs putāvērunt, ad aliquam animī mei partem pertinebit, nunc quidem certe cōgitātiōne quadam spēque dēlector.

15

Quārē cōnservāte, iūdicēs, hominem pudōre eō, quem amīcō-31 rum vidētis comprobări cum dignitate, tum etiam vetustate,

Nunc: 'now as a matter of fact,' 'now as it is;' see on Nunc, I. 7. 21. virtus: 'noble feeling,' 'noble instinct.'

12. 1, 2. An: for use cf. 6. 5. videamur: 'are we to appear?' For mood cf. dicam, etc., in M. L. 12. 5, and invitem, I. 9. 21. re publica: 'politics.' his: with reference to his own dangers from the Catilinarian conspiracy.

5-8. An ... politam: this really comprises two sentences in strong contrast, An... reliquerunt, and An ... politam, both of which would naturally be interrogative. The first, however, is stated as an admitted fact, making the sentence seem irregular (cf. I. 1. 17-21). multo: measure of difference after the comparative idea in malle (=magis velle). ingeniis: 'men of talent,' as in 3. 15. expressam: 'modeled;' cf. Mithridaticum bellum ab hoc expressum est, 9. 14-16.

9-13. Ego vero: 'I for my part,'

'I in my own case,' as in 6. 9. iam tum in gerendo. 'even at the time I was engaged in them,' Haec: SC. memoria. sapientissimi homines: i.e., those philosophers who believe in the immortality of the soul, Socrates and Plato for example, ad pertinebit: 'shall belong to,' be known to.' nunc quidem: 'now at least.' certe: modifying delector.

§§31-32. Peroratio, a final appeal for the acquittal of Archias on the merits of the case, on the ground of his honor, his talent and his praise of prominent Romans and consequently of the whole Roman people, as well as because poets in general are sacred.

15-20. pudore: (descriptive abl., as are ingenio, 1. 17. and causa, 1. 18), 'conscientiousness,' *sense of honor.' amicorum: limiting dignitate and vetustate, tr., 'which you see is attested by friends not only of high position but also of long standing.' convenit: its

ingeniō autem tantō, quantum id convenit existimărï. quod summōrum hominum ingeniis expetitum esse videatis, causā vērō eius modi, quae beneficiō lēgis, auctōritāte mūnicipiī, tes20 timōniō Lucullī, tabulis Metelli comprobetur. Quae cum ita sint, petimus ā vōbīs, iūdicēs, sĩ qua nōn modo hūmāna, vērum etiam dīvīna in tantis ingeniis commendatio debet esse, ut eum, qui võs, qui vestrōs imperātōrēs, qui populī Rōmānī rēs gestās semper ōrnāvit, qui etiam his recentibus nostris vestrisque 25 domesticīs periculis aeternum sẽ testimōnium laudis datūrum esse profitētur estque ex eo numerō, qui semper apud omnēs sancti sunt habiti itaque dicti, sic in vestram accipiatis fidem, ut hūmānitāte vestrā levātus potius quam acerbitāte violātus esse videatur.

30

Quae de causa prō meā cōnsuētūdine breviter simpliciterque 32 dīxī, iūdicēs, ea confidō probāta esse omnibus: quae à forēnsī aliēna iudiciālīque cōnsuētūdine et de hominis ingenio et communiter de ipsō studio locutus sum, ea, iudicēs, ā vōbīs spērō esse in bonam partem accepta; ab eō, qui iudicium exercet, 85 certō sciō.

subject is existimari; tr. as if personal, 'you are bound to consider.' summorum hominum ingeniis: 'by talented men of the highest rank;' a genitive and noun instead of a noun and adjective is quite a common usage (cf. Hac tanta celebritate famae, 'this great and widespread fame,' 3. 16, 17). causa eius modi: so expressed to parallel pudore eo and ingenio tanto; we should expect cuius causa sit eius modi. beneficio Metelli: see 4. and 5. 3.

22-27. commendatio: 'ground of recommendation,' i.e., 'excellence,' 'worth;' for the thought cf. 8. 18-21. eum: object of accipiatis, 1. 27. nostris vestrisque: -que binds the two possessives into one whole. ex eo numero =ex eorum numero; cf. 7. 12. itaque =talesque or et ita.

30-34. de causa: from a legal standpoint, as in 1. 18. communiter: 'in general.' ab eo: the presiding praetor (see note on praetorem, 2. 2).

ROMAN CRIMINAL TRIALS

I. All criminal cases were tried by the standing courts (quaestiones §1 perpetuae), as remodeled by Sulla. We know of six of these, de repetundis (misgovernment), de sicariis et veneficis (murder), de ambitu (illegal canvassing), de peculatu (embezzlement), de maiestate (treason). de falso (forgery), but there were probably others. Cases submitted to these courts 2 were tried by judge and jury. The official title of the judge was quaesitor; the jury as a body was termed consilium, while the individuals composing it were called iudices. Whenever, therefore, the plural iudices occurs in a phrase relating to a criminal trial it must be translated 'jurors' or 'jury,' never 'judges.'

II. The praetors, eight in number, were the Roman judges but as two 3 of these, the praetor urbanus and praetor peregrinus, were engaged with civil cases, six only were free to preside over the criminal courts, and to these six were assigned by lot the six courts mentioned by name above. Over 4 the remaining courts presided specially appointed officers (usually exaediles), who had the special title iudex quaestionis as well as the general one quaesitor. The duty of the judge was merely that of a presiding officer. He was bound to see that the provisions of the law were strictly complied with, but was not allowed to direct or control the decision, which rested entirely with the iudices.

III. The jurors were Roman citizens living in the city itself, or in its 5 immediate vicinity, and serving without pay. No one was eligible for jury duty who was invested with any of the higher offices of state, or who had ever been convicted of any offense affecting his standing as a citizen of full rights civis optimo iure, p. 47, § 2). A list of men eligible for jury duty (album iudicum) was made up by the praetor urbanus at the beginning of his term, and was valid for the year. Of the jurors one-third had to be 6 senators and two-thirds equestrians: of the latter class, one-half (i. e., onethird of the whole number) had to be tribuni aerarii, district presidents. Not much is known about these, but, as they were elected by the tribes, one-third of the jury was, indirectly, at least, elective.

IV. A suit was begun by the accuser making application to the judge 7 of the proper court for leave to bring the charge. As two or more persons might desire to prosecute the same man on the same charge, it was sometimes necessary for the judge to decide who should be the chief accuser

(accusator), and who the supporters (subscriptores). When this had been determined by due inquiry (divinatio), the chief accuser made the formal charge (nomen detulit); and the judge, having first notified the accused (reus), and made sure that the accuser was a Roman citizen, duly registered the case (nomen recepit) upon his docket. He then fixed the day of trial, usually at an interval of ten days, and had the accused arrested and held for trial, or admitted him to bail.

V. On the day of trial the proper number (unknown to us) of jurors 8 was chosen by lot from those not already engaged in other trials, but both accuser and accused had the privilege of challenging (reiectio) a certain number without assigning any cause. Those remaining (consilium iudicum) were sworn, and the trial commenced. If it was not finished on the first day the court adjourned to the next but one (perendie), and so on until the arguments of the counsel (altercatio) were finished and the evidence was all in. The judge then called upon the jurors for their verdict, and 9 apparently renewed their oaths. Each juror wrote his decision (sententia) secretly upon a tablet in one of three forms: A. (absolvo), ‘not guilty;' C. (condemno), 'guilty;' or N. L. (non liquet), 'not proven.' The verdict was determined by a majority of votes, or, if there was a tie, the verdict was given in favor of the defendant. If the majority voted N. L. the case was tried again; otherwise there was no appeal from the judgment of a quaestio. VI. It will be noticed immediately that this procedure differs widely 10 from ours. There was no professionally trained judge to sift the evidence and sum it up for the jury. The quaesitores were changed from year to year, and the praetors at least were more apt to be skillful politicians than learned jurists. There was no class of professional advocates taking fees and 11 living by their profession. Any citizen might accuse or defend any other, and, as a high reputation as a successful pleader helped a man to political distinction, many did so. Thus the relations of counsel to clients rested more than now upon the grounds of personal feeling. Again it not infre- 12 quently happened that collusion existed between the accuser and the accused. The former frequently played into the hands of the latter by suppressing evidence and conducting the case without energy (praevaricatio), and hence the chief security for an honest prosecution lay in the personal hostility of the two. Then no bounds were set to the matter of 13 an advocate's speech. The time might be limited by the judge or by agreement, but the only measure of relevancy was the patience of the jury. It is safe to say that a modern judge would not allow half of any of Cicero's speeches to reach the ears of the jury. Lord Brougham declares that not one-sixth of the oration for Archias would be admissible in an English court. Great importance was therefore attached to an advocate's skill