demum provectus consurgere ac perorare, declamare autem genere1 vario: modo splendide atque adornate, tum, ne usque quaque scholasticus existimaretur, circumcise ac sordide et tantum non 2 trivialibus verbis. Egit et causas, verum rarius, dum amplissimam quamque sectatur, nec alium in ulla locum quam perorandi. Postea renuntiavit Foro partim pudore, partim metu; nam cum in lite quadam centumvirali, adversario, quem ut impium erga parentes incessebat, ius iurandum quasi per figuram sic optulisset: " Iura per patris matrisque cineres, qui inconditi iacent!" et alia in hunc modum, arripiente eo condicionem, nec iudicibus aspernantibus, non sine magna sui invidia negotium afflixit. Et rursus in cognitione caedis Mediolani apud L. Pisonem proconsulem defendens reum, cum cohiberent lictores nimias laudantium voces, et ita excanduisset, ut deplorato Italiae statu, quasi iterum in formam provinciae redigeretur, M. insuper Brutum, cuius statua in conspectu erat, invocaret legum ac libertatis aucto

1 autem genere, Stephanus; aut gemere, mss.

2 tantum non, VO; tamen non, L; tantum modo, NGI. 3 et, added by Roth.

a See note on Aug. xxxvi.

The story is told in more detail in Seneca, Controv. 7, Praef. 7. The defendant wished to settle the case by taking oath to the truth of his contention, which was permitted, provided the opposing counsel gave his consent. Albucius said,

up, to rise and make his peroration on his feet. He declaimed, too, in various manners, now in a brilliant and ornate style, and at another time, not to be thought invariably academic, speaking briefly, in everyday language and all but that of the streets. He also pleaded causes, but rather seldom, taking part only in those of greatest importance, and even then confining himself to summing them up. Later he withdrew from the Forum, partly through shame and partly through fear. For in a case before the Hundred he had offered his opponent, whom he was inveighing against as undutiful towards his parents, the privilege of taking oath but merely as a figure of speech, using the following language: "Swear by the ashes of your father and mother, who lie unburied"; and made other remarks in the same vein. His opponent accepted the challenge; and since the judges made no objection, Albucius lost his case to his great humiliation. Again, when he was defending a client in a murder trial at Mediolanum before the proconsul Lucius Piso, and the lictors tried to suppress the immoderate applause,c he grew so angry, that lamenting the condition of Italy and saying that "it was being reduced once more to the form of a province," he called besides upon Marcus Brutus, whose statue was in sight, as "the founder and defender of our laws and liberties"; and for that he narrowly escaped

"I consent, provided I may dictate the oath." But when he challenged his opponent to swear by the ashes of his father and mother who lay unburied, and the latter accepted the condition, Albucius declared that he was speaking figuratively, and had not intended to give his consent.

с

c Pliny complains of this nuisance in Epist. 2. 14. 10 ff.

rem et vindicem, paene poenas luit. Iam autem senior ob vitium vomicae Noyariam rediit, convocataque plebe causis, propter quas mori destinasset, diu ac more contionantis redditis, abstinuit cibo.

punishment. When already well on in years, he returned to Novara because he was suffering from a tumour, called the people together and explained in a long set speech the reasons which led him to take his life, and then starved himself to death.

VOL. II.

G G

DE POETIS

The following Index has been compiled from Hieronymus: L. Livius Andronicus, Cn. Naevius, T. Maccius Plautus, Q. Ennius, Statius Caecilius, P. Terentius Afer, M. Pacuvius, L. Accius, Sex. Turpilius, C. Lucilius, P. Quintius Atta, L. Afranius, L. Pomponius, T. Lucretius Carus, M. Furius Bibaculus, C. Valerius Catullus, P. Terentius Varro, D. Laberius, P. Publilius Lochius, Cornificius, M. Bavius, C. Cornelius Gallus, Aemilius Macer, Quintilius Varus, P. Vergilius Maro, Albius Tibullus, Sex. Propertius, Q. Horatius Flaccus, L. Varius Rufus, P. Ovidius Naso, Philistio, A. Persius Flaccus, M. Annaeus Lucanus.

The following Sigla are used :—

=

For Terence: A cod. Parisinus, 7920, eleventh century; B = cod. Parisinus, 7921; C = cod. Leidensis Vossianus, 186; = cod. Dresdensis Elect. 539, Reg. D. 101; E = cod. Urbinas, 354; F = cod. Reginensis, 1496; G = cod. Neapolitanus, Mus. Borbon. 411 (all of the fifteenth century); Z = editio princeps of Donatus, Rome, 1472; Ald. Aldine ed. of 1517; St. ed. of Stephanus, Paris, 1529; Dz. Dziatzko; Reiff. Reifferscheid.

=

=

=

=

For Vergil B = cod. Bernensis, 172, ninth or tenth century; G = cod. Sangallensis, 862, tenth