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                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:lang="eng"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi1254.phi001.perseus-eng1"><div type="textpart" n="11" subtype="book"><div type="textpart" n="13" subtype="chapter"><head>XIII</head><milestone unit="section" n="13arg"/><!--<argument>--><p>What Titus Castricius thought about the wording of a sentence of Gaius Gracchus; and that he showed that it contributed nothing to the effectiveness of the sentence.</p><!--</argument>--><p><milestone unit="section" n="1"/>THE speech of Gaius Gracchus <hi rend="italic">Against Publius Popilius</hi><note><hi rend="italic">0. R. F.,</hi> p. 238, Meyer.</note>
was read before Titus Castricius, a teacher of the art of rhetoric and a man of sound and solid judgment. At the beginning of that speech the sentences were constructed with more care and regard for rhythm than was customary with the early orators. The words, arranged as I have said, are as follows: <quote>If you now reject rashly the things which all these years you have earnestly sought and longed for, it must be said either that you formerly sought them earnestly, or now have rejected them without consideration.</quote></p><p>Well then, the flow and rhythm of this well-rounded and smooth-flowing sentence pleased us to a remarkable and unparalleled degree, and still more the evidence that composition of that kind appealed even in those early days to Gaius Gracchus, a man of distinction and dignity. But when those very same words were read again and again at our request, we  <pb n="v2.p.329"/>  were admonished by Castricius to consider what the force and value of the thought was, and not to allow our ears to be charmed by the rhythm of a well-turned sentence and through mere pleasure to confuse our judgment as well.</p><p>And when by this admonition he had made us more alert, <quote>Look deeply,</quote> said he, <quote>into the meaning of these words, and tell me pray, some of you, whether there is any weight or elegance in this sentence: 'If you rashly reject the things which all these years you have earnestly sought and longed for, it must be said either that you formerly sought them earnestly or now reject them without consideration.' For to whom of all men does it not occur, that it is certainly natural that you should be said earnestly to have sought what you earnestly sought, and to have rejected without consideration what you rejected without consideration? But I think,</quote> said he, <quote>if it had been written thus: ' If you now reject what you have sought and longed for these many years, it must be said that you formerly sought it earnestly or that you now reject it without consideration'; if,</quote> said he, <quote>it were spoken thus, the sentence would be weightier and more solid and would arouse some reasonable expectation in the hearer; but as it is, these words 'earnestly' and 'without consideration,' on which the whole effect of the sentence rests, are not only spoken at the end of the sentence, but are also put earlier where they are not needed, so that what ought to arise and spring from the very conception of the subject is spoken wholly before the subject demands it. For one who says: ' If you do this, you will be said to have done it earnestly,' says something that is composed and  <pb n="v2.p.331"/>  arranged with some regard to sense; but one who says: 'If you do it earnestly, you will be said to have done it earnestly,' speaks in much the same way as if he should say: 'If you do it earnestly, you will do it earnestly.' I have warned you of this,</quote> said he, <quote>not with the idea of censuring Gaius Gracchus—may the gods give me a wiser mind! for if any fault or error can be mentioned in a man of such powerful eloquence, it is wholly excused by his authority and overlooked in view of his antiquity—but in order that you might be on your guard lest the rhythmic sound of any flowing eloquence should easily dazzle you, and that you might first balance the actual weight of the substance against the high quality of the diction; so that if any sentence was uttered that was weighty, honest and sound, then, if you thought best, you might praise also the mere flow of the language and the delivery; that if, on the contrary, thoughts that were cold, trifling and futile should be conveyed in words neatly and rhythmically arranged, they might have the same effect upon you as when men conspicuous for their deformity and their ludicrous appearance imitate actors and play the buffoon.</quote></p></div><div type="textpart" n="14" subtype="chapter"><head>XIV</head><milestone unit="section" n="14arg"/><!--<argument>--><p>The discreet and admirable reply of King Romulus as to his use of wine.</p><!--</argument>--><p><milestone unit="section" n="1"/>Lucius Piso FRUGI has shown an elegant simplicity of diction and thought in the first book of his <hi rend="italic">Annals,</hi> when writing of the life and habits of King Romulus. His words are as follows:

<note>Fr. 8, Peter.</note>
<quote>They say also of  <pb n="v2.p.333"/>  Romulus, that being invited to dinner, he drank but little there, giving the reason that he had business for the following day. They

<note>That is, his table companions.</note>
answer: ' If all men were like you, Romulus, wine would be cheaper.' ' Nay, dear,' answered Romulus, ' if each man drank as much as he wished; for I drank as much as I wished.'</quote></p></div><div type="textpart" n="15" subtype="chapter"><head>XV</head><milestone unit="section" n="15arg"/><!--<argument>--><p>On <hi rend="italic">ludibundus</hi> and <hi rend="italic">errabundus</hi> and the suffix in words of that kind; that Laberius used <hi rend="italic">amorabunda</hi> in the same way as <hi rend="italic">ludibunda</hi> and <hi rend="italic">errabunda</hi>; also that Sisenna in the case of a word of that sort made a new form.</p><!--</argument>--><p><milestone unit="section" n="1"/>LABERIUS in his <hi rend="italic">Lake Avernus</hi> spoke

<note>57, Ribbeck<hi rend="sup">3</hi>.</note>
of a woman in love as <hi rend="italic">amorabunda,</hi> coining a word in a somewhat unusual manner. Caesellius Vindex in his <hi rend="italic">Commentary on Archaic Words</hi> said that this word was used on the same principle that <hi rend="italic">ludibunda, ridibunda</hi> and <hi rend="italic">errabunda</hi> are used for <hi rend="italic">ludens, ridens</hi> and <hi rend="italic">errans.</hi> But Terentius Scaurus, a highly distinguished grammarian of the time of the deified Hadrian, among other things which he wrote <hi rend="italic">On the Mistakes of Caesellius,</hi> declared

<note>Fr. 9, Kummrow.</note>
that about this word also he was wrong in thinking that <hi rend="italic">ludens and</hi> <hi rend="italic">ludibunda, ridens</hi> and <hi rend="italic">ridibunda, errans</hi> and <hi rend="italic">errabunda</hi> were identical. <quote><hi rend="italic">For ludibunda, ridibunda,</hi> and <hi rend="italic">errabunda,</hi></quote> he says, <quote>are applied to one who plays the part of, or imitates, one who plays, laughs or wanders.</quote></p><p>But why Scaurus was led to censure Caesellius on this point, I certainly could not understand. For there is no doubt that these words, each after its  <pb n="v2.p.335"/>  own kind, have the same meaning that is indicated by the words from which they are derived. But I should prefer to seem not to understand the meaning of <quote>act the laugher</quote> or <quote>imitate the laugher</quote> rather than charge Scaurus himself with lack of knowledge. But Scaurus ought rather, in censuring the commentaries of Caesellius, to have taken him to task for what he left unsaid; namely, whether <hi rend="italic">ludibundus, ridibundus</hi> and <hi rend="italic">errabundus</hi> differ at all from <hi rend="italic">ludens, ridens and errans,</hi> and to what extent, and so with other words of the same kind; whether they differ only in some slight degree from their primitives, and what is the general force of the suffix which is added to words of that kind. For in examining a phenomenon of that nature that were a more pertinent inquiry, just as in <hi rend="italic">vinulentus, lutulentus</hi> and <hi rend="italic">turbulentus</hi> it is usual to ask whether that suffix is superfluous and without meaning, <foreign xml:lang="grc">paragwgh/,</foreign> as the Greeks say,

<note>That is, <quote>an addition to the end of a syllable.</quote></note>
or whether the suffix has some special force of its own.</p><p>However, in noting this criticism of Scaurus it occurred to me that Sisenna, in the fourth book of his <hi rend="italic">Histories,</hi> used a word of the same form. He says:

<note>Fr. 55, Peter.</note>
<quote>He came to the town, laying waste the fields (<hi rend="italic">populabundus</hi>),</quote> which of course means <quote>while he was laying waste the fields,</quote> not, as Sisenna says of similar words, <quote>when he played the part of, or imitated, one laying waste.</quote></p><p>But when I was inquiring about the signification and origin of such forms as <hi rend="italic">populabundus, errabundus, laetabundus, ludibundus,</hi> and many other words of that kind, our friend Apollinaris—very appositely by Heaven! —remarked that it seemed to him that the final syllable of such words indicated force and abundance, and as it were, an excess of the quality belonging to  <pb n="v2.p.337"/>  the primitive word. Thus <hi rend="italic">laetabundus</hi> is used of one who is excessively joyful, and <hi rend="italic">errabundus</hi> of one who has wandered long and far, and he showed that all other words of that form are so used that this addition and ending indicates a great and overflowing force and abundance

<note>In general these words <hi rend="italic">in-bundus</hi> have the same force as the pres. participle; the intensive force in a few words comes originally from forms like <hi rend="italic">versabundus,</hi> formed from intensive verbs. See Stolz, <hi rend="italic">Hist. Lat. Gr.</hi> i, p. 570.</note>
</p></div><div type="textpart" n="16" subtype="chapter"><head>XVI</head><milestone unit="section" n="16arg"/><!--<argument>--><p>That the translation of certain Greek words into the Latin language is very difficult, for example, that which in Greek is called <foreign xml:lang="grc">polupragmosu/nh.</foreign>

<note/>
The word means <quote>being busy about many things,</quote> often with the idea of <quote>officiousness</quote> or <quote>meddling.</quote></p><!--</argument>--><p><milestone unit="section" n="1"/>WE have frequently observed not a few names of things which we cannot express in Latin by single words, as in Greek; and even if we use very many words, those ideas cannot be expressed in Latin so aptly and so clearly as the Greeks express them by single terms. Lately, when a book of Plutarch had been brought to me, and I had read its title, which was <foreign xml:lang="grc">Peri\ Polupragmosu/nhs,</foreign> a man who was unacquainted with Greek letters and words asked who the author was and what the book was about. The name of the writer I gave him at once, but I hesitated when on the point of naming the subject of the work. At first indeed, since it did not seem to me that it would be a very apt interpretation if I said that it was written <hi rend="italic">De Negotiositale</hi> or <quote>On Busyness,</quote> I began to rack my brains for something else which would render the title word for word, as the saying is. But there was absolutely nothing that  <pb n="v2.p.339"/>  I remembered to have read, or even that I could invent, that was not to a degree harsh and absurd, if I fashioned a single word out of <hi rend="italic">multitudo,</hi> or <quote>multitude,</quote> and <hi rend="italic">negotium,</hi> or <quote>business,</quote> in the same way that we say <hi rend="italic">multiiugus</hi> (<quote>manifold</quote>), <hi rend="italic">multicolorus</hi> (<quote>multicoloured</quote>) and <hi rend="italic">multiformius</hi> (<quote>multiform</quote>). But it would be no less uncouth an expression than if you should try to translate by one word <foreign xml:lang="grc">polufili/a</foreign> (abundance of friends), <foreign xml:lang="grc">polutropi/a</foreign> (versatility), or <foreign xml:lang="grc">polusarki/a</foreign> (fleshiness). Therefore, after spending a brief time in silent thought, I finally answered that in my opinion the idea could not be expressed by a single word, and accordingly I was preparing to indicate the meaning of that Greek word by a phrase.</p><p><quote>Well then,</quote> said I, <quote>undertaking many things and busying oneself with them all is called in Greek <foreign xml:lang="grc">polupragmosu/nh,</foreign> and the title shows that this is the subject of our book.</quote> Then that illiterate fellow, misled by my unfinished, rough-and-ready language and believing that <foreign xml:lang="grc">polupragmosu/nh</foreign> was a virtue, said: <quote>Doubtless this Plutarch, whoever he is, urges us to engage in business and to undertake very many enterprises with energy and dispatch, and properly enough he has written as the title of the book itself the name of this virtue about which, as you say, he is intending to speak.</quote> <quote>Not at all,</quote> said I; <quote>for that is by no means a virtue which, expressed by a Greek term, serves to indicate the subject of this book; and neither does Plutarch do what you suppose, nor do I intend to say that he did. For, as a matter of fact, it is in this book that he tries to dissuade us, so far as he can, from the haphazard, promiscuous and unnecessary planning and pursuit  <pb n="v2.p.341"/>  of such a multitude of things. But,</quote> said I, <quote>I realize that this mistake of yours is due to my imperfect command of language, since even in so many words I could not express otherwise than very obscurely what in Greek is expressed with perfect elegance and clearness by a single term.</quote></p></div><div type="textpart" n="17" subtype="chapter"><head>XVII</head><milestone unit="section" n="17arg"/><!--<argument>--><p>The meaning of the expression found in the old praetorian edicts: <quote>those who have undertaken public contracts for clearing the rivers of nets.</quote></p><!--</argument>--><p><milestone unit="section" n="1"/>As I chanced to be sitting in the library of Trajan's temple,

<note>The <hi rend="italic">Bibliotheca Ulpia</hi> in the temple in Trajan's forum. Other great public libraries at Rome were in Vespasian's temple of Peace (see v. 21. 9 and the note), in Augustus' temple of Apollo on the Palatine hill, and in the <hi rend="italic">porticus Octaniae.</hi> The first public library at Rome was founded by Asinius Pollio.</note>
looking for something else, the edicts of the early praetors fell into my hands, and I thought it worth while to read and become acquainted with them. Then I found this, written in one of the earlier edicts: <quote>If anyone of those who have taken public contracts for clearing the rivers of nets shall be brought before me, and shall be accused of not having done that which by the terms of his contract he was bound to do.</quote> Thereupon the question arose what <quote>clearing of nets</quote> meant.</p><p>Then a friend of mine who was sitting with us said that he had read in the seventh book of Gavius <hi rend="italic">On the Origin of Words</hi>

<note>Fr. 2, Fun.; <hi rend="italic">Jur. Civ.</hi> 126, Bremer.</note>
that those trees which either projected from the banks of rivers, or were found in their beds, were called <hi rend="italic">retae,</hi> and that they got their name from nets, because they impeded the course of ships and, so to speak, netted them. Therefore he thought that the custom was to farm  <pb n="v2.p.343"/>  out the rivers to be <quote>cleaned of nets,</quote> that is to say, cleaned out, in order that vessels meeting such branches might suffer neither delay nor danger.</p></div><div type="textpart" n="18" subtype="chapter"><head>XVIII</head><milestone unit="section" n="18arg"/><!--<argument>--><p>The punishment which Draco the Athenian, in the laws which he made for his fellow-citizens, inflicted upon thieves; that of Solon later; and that of our own decemvirs, who compiled the <hi rend="italic">Twelve Tables;</hi> to which it is added, that among the Egyptians thefts were permitted and lawful, while among the Lacedaemonians they were even strongly encouraged and commended as a useful exercise; also a memorable utterance of Marcus Cato about the punishment of theft.</p><!--</argument>--><p><milestone unit="section" n="1"/>DRACO the Athenian was considered a good man and of great wisdom, and he was skilled in law, human and divine. This Draco was the first of all to make laws for the use of the Athenians. In those laws he decreed and enacted that one guilty of any theft whatsoever should be punished with death, and added many other statutes that were excessively severe.</p><p>Therefore his laws, since they seemed very much too harsh, were abolished, not by order and decree, but by the tacit, unwritten consent of the Athenians. After that, they made use of other, milder laws, compiled by Solon. This Solon was one of the famous seven wise men.

<note>See note 2, vol. i. p. 11.</note>
He thought proper by his law to punish thieves, not with death, as Draco had formerly done, but by a fine of twice the value of the stolen goods.</p><p>But our decemvirs, who after the expulsion of the kings compiled laws on <hi rend="italic">Twelve Tables</hi> for the use of the Romans, did not show equal severity in <pb n="v2.p.345"/> punishing thieves of every kind, nor yet too lax leniency. For they permitted

<note>viii. 13 ff.</note>
a thief who was caught in the act to be put to death, only if it was night when he committed the theft, or if in the daytime he defended himself with a weapon when taken. But other thieves taken in the act, if they were freemen, the decemvirs ordered to be scourged and handed over

<note>To be his bondsman, until the debt was paid.</note>
to the one from whom the theft had been made, provided they had committed the theft in daylight and had not defended themselves with a weapon. Slaves taken in the act were to be scourged and hurled from the rock,

<note>That is, the Tarpeian Rock on the Capitoline Hill.</note>
but they decided that boys under age should be flogged at the discretion of the praetor and the damage which they had done made good. Those thefts also which were detected by the girdle and mask,

<note>See Paul. Festus, pp. 104—5, Lindsay. The searchers were clad only in a girdle, that they might not be suspected of bringing anything in with them and saying that it had been stolen, and they held a perforated plate before their faces, because of the presence of the women of the household.</note>
they punished as if the culprit had been caught in the act.</p><p>But to-day we have departed from that law of the decemvirs; for if anyone wishes to try a case of manifest theft by process of law, action is brought for four times the value. But <quote>manifest theft,</quote> says Masurius,

<note>Fr. 7, Huschke; <hi rend="italic">Jur. Civ.</hi> 126, Bremer (ii, p. 517).</note>
<quote>is one which is detected while it is being committed. The act is completed when the stolen object is carried to its destination.</quote> When stolen goods are found in possession of the thief (<hi rend="italic">concepti</hi>) or in that of another (<hi rend="italic">oblati</hi>), the penalty is threefold.</p><p>But one who wishes to learn what <hi rend="italic">oblatum</hi> means, and <hi rend="italic">conceptum,</hi> and many other particulars of the same kind taken from the admirable customs of our forefathers, and both useful and agreeable to know, will consult the book of Sabinus entitled <hi rend="italic">On Thefts.</hi> In this book there is also written

<note>Fr. 7, Huschke; 3–5, Bremer (ii, p. 383).</note>
a thing that is not  <pb n="v2.p.347"/>  commonly known, that thefts are committed, not only of men and movable objects which can be purloined and carried off secretly, but also of an estate and of houses; also that a farmer was found guilty of theft, because he had sold the farm which he had rented and deprived the owner of its possession. And Sabinus tells this also, which is still more surprising, that one person was convicted of having stolen a man, who, when a runaway slave chanced to pass within sight of his master, held out his gown as if he were putting it on, and so prevented the slave from being seen by his master.</p><p>Then upon all other thefts, which were called <quote>not manifest,</quote> they imposed a two-fold penalty.

<note><hi rend="italic">XII. Tab.</hi> viii. 16.</note>
I recall also that I read in the work of the jurist Aristo,

<note>Fr. 1, Huschke; ii. 2, p. 393, Bremer.</note>
a man of no slight learning, that among the ancient Egyptians, a race of men known to have been ingenious in inventions and keen in getting at the bottom of things, thefts of all kinds were lawful and went unpunished.</p><p>Among the Lacedaemonians too, those serious and vigorous men (a matter for which the evidence is not so remote as in the case of the Egyptians) many famous writers, who have composed records of their laws and customs, affirm that thieving was lawful and customary, and that it was practised by their young men, not for base gain or to furnish the means for indulgence or amassing wealth, but as an exercise and training in the art of war; for dexterity and practice in thieving made the minds of the youth keen and strong for clever ambuscades, and for endurance in watching, and for the swiftness of surprise.</p><p>Marcus Cato, however, in the speech which he  <pb n="v2.p.349"/>  wrote <hi rend="italic">On Dividing Spoils among the Soldiers,</hi> complains in strong and choice language about unpunished thievery and lawlessness. I have quoted his words, since they pleased me greatly:

<note>p. 69, 1, Jordan.</note>
<quote>Those who commit private theft pass their lives in confinement and fetters; plunderers of the public, in purple and gold.</quote></p><p>But I think I ought not to pass over the highly ethical and strict definition of theft made by the wisest men, lest anyone should consider him only a thief who privately purloins anything or secretly carries it off. The words are those of Sabinus in his second book <hi rend="italic">On Civil Law:</hi>

<note>Fr. 2, Huschke; 113, Bremer (ii, p. 513).</note>
<quote>He is guilty of theft who has touched anything belonging to another, when he has reason to know that he does so against the owner's will.</quote> Also in another chapter:

<note>Fr. 3, Huschke; 119, Bremer (ii, p. 515).</note>
<quote>He who silently carries off another's property for the sake of gain is guilty of theft, whether he knows to whom the object belongs or not.</quote></p><p>Thus has Sabinus written, in the book which I just now mentioned, about handling things for the purpose of stealing them. But we ought to remember, according to what I have written above, that a theft may be committed even without touching anything, when the mind alone and the thoughts desire that a theft be committed. Therefore Sabinus says

<note>Fr. 4, Huschke; 127, Bremer.</note>
that he has no doubt that a master should be convicted of theft who has ordered a slave of his to steal something.</p></div></div><pb n="v2.p.353"/><div type="textpart" n="12" subtype="book"><head>BOOK XII</head><div type="textpart" n="1" subtype="chapter"><head>I</head><milestone unit="section" n="1arg"/><!--<argument>--><p>A discourse of the philosopher Favorinus, in which he urged a lady of rank to feed with her own milk, and not with that of other nurses, the children whom she had borne.</p><!--</argument>--><p><milestone unit="section" n="1"/>WORD was once brought in my presence to the philosopher Favorinus that the wife of an auditor and disciple of his had been brought to bed a short time before, and that his pupil's family had been increased by the birth of a son. <quote>Let us go,</quote> said he, <quote>both to see the child and to congratulate the father.</quote>

<note>The addition of a son to his family gave the father certain privileges.</note>
</p><p>The father was of senatorial rank and of a family of high nobility. We who were present at the time went with Favorinus, attended him to the house to which he was bound, and entered it with him. Then the philosopher, having embraced and congratulated the father immediately upon entering, sat down. And when he had asked how long the labour had been and how difficult, and had learned that the young woman, overcome with fatigue and wakefulness, was sleeping, he began to talk at greater length and said: <quote>I have no doubt she will suckle her son herself!</quote> But when the young woman's mother said to him that she must spare her daughter and provide nurses for the child, in order that to the pains which she had suffered in childbirth there might not be added the wearisome and difficult task of nursing, he said: <quote>I beg you, madam, let her be wholly and  <pb n="v2.p.355"/>  entirely the mother of her own child. For what kind of unnatural, imperfect and half-motherhood is it to bear a child and at once send it away from her? to have nourished in her womb with her own blood something which she could not see, and not to feed with her own milk what she sees, now alive, now human, now calling for a mother's care? Or do you too perhaps think,</quote> said he, "that nature gave women nipples as a kind of beauty-spot, not for the purpose of nourishing their children, but as an adornment of their breast? For it is for that reason though such a thing is of course far from your thoughts) that many of those unnatural women try to dry up and check that sacred fount of the body, the nourisher of mankind, regardless of the danger of diverting and spoiling the milk, because they think it disfigures the charms of their beauty. In so doing they show the same madness as those who strive by evil devices to cause abortion of the fetus itself which they have conceived, in order that their beauty may not be spoiled by the weight of the burden they bear and by the labour of parturition. But since it is an act worthy of public detestation and general abhorrence to destroy a human being in its inception, while it is being fashioned and given life and is still in the hands of Dame Nature, how far does it differ from this to deprive a child, already perfect, already brought into the world, already a son, of the nourishment of its own familiar and kindred blood?"</p><p>"'But it makes no difference,' for so they say, 'provided it be nourished and live, by whose milk that is effected.' Why then does not he who affirms this, if he is so dull in comprehending natural <pb n="v2.p.357"/> feeling, think that it also makes no difference in whose body and from whose blood a human being is formed and fashioned? Is the blood which is now in the breasts not the same that it was in the womb, merely because it has become white from abundant air and warmth? Is not the wisdom of nature evident also in this, that as soon as the blood, the artificer, has fashioned the whole human body within its secret precincts, when the time for birth comes, it rises into the upper parts, is ready to cherish the first beginnings of life and of light, and supplies the newborn children with the familiar and accustomed food? Therefore it is believed not without reason that, just as the power and nature of the seed are able to form likenesses of body and mind, so the qualities and properties of the milk have the same effect. And this is observed not only in human beings, but in beasts also; for if kids are fed on the milk of ewes, or lambs on that of goats, it is a fact that as a rule the wool is harsher in the former and the hair softer in the latter. In trees too and grain the power and strength of the water and earth which nourish them have more effect in retarding or promoting their growth than have those of the seed itself which is sown; and you often see a strong and flourishing tree, when transplanted to another spot, die from the effect of an inferior soil. What the mischief, then, is the reason for corrupting the nobility of body and mind of a newly born human being, formed from gifted seeds, by the alien and degenerate nourishment of another's milk? Especially if she whom you employ to furnish the milk is either a slave or of servile origin and, as usually happens, of a foreign and barbarous nation, if she is dishonest, ugly,  <pb n="v2.p.359"/>  unchaste and a wine-bibber; for as a rule anyone who has milk at the time is employed and no distinction made."</p><p>"Shall we then allow this child of ours to be infected with some dangerous contagion and to draw a spirit into its mind and body from a body and mind of the worst character? This, by Heaven! is the very reason for what often excites our surprise, that some children of chaste women turn out to be like their parents neither in body nor in mind. Wisely then and skilfully did our Maro make use of these lines of Homer:

<note><hi rend="italic">Iliad</hi> xvi. 33 ff.</note>
<quote rend="blockquote"><l>The horseman Peleus never was thy sire,</l><l>Nor Thetis gave thee birth; but the gray sea</l><l>Begat thee, and the hard and flinty rocks;</l><l part="I">So savage is thy mind.</l></quote>  For he bases his charge, not upon birth alone, as did his model, but on fierce and savage nurture, for his next verse reads: <quote rend="blockquote"><l>And fierce Hyrcanian tigers gave thee suck.

<note><hi rend="italic">Aen.</hi> iv. 366f.</note>
</l></quote>  And there is no doubt that in forming character the disposition of the nurse and the quality of the milk play a great part; for the milk, although imbued from the beginning with the material of the father's seed, forms the infant offspring from the body and mind of the mother as well.</p><p><quote>And in addition to all this, who can neglect or despise this consideration also, that those who desert their offspring, drive them from them, and give them to others to nurse, do sever, or at any rate loosen and relax, that bond and cementing of the mind and of affection with which nature attaches  <pb n="v2.p.361"/>  parents to their children? For when the child is given to another and removed from its mother's sight, the strength of maternal ardour is gradually and little by little extinguished, every call of impatient anxiety is silenced, and a child which has been given over to another to nurse is almost as completely forgotten as if it had been lost by death. Moreover, the child's own feelings of affection, fondness, and intimacy are centred wholly in the one by whom it is nursed, and therefore, just as happens in the case of those who are exposed at birth, it has no feeling for the mother who bore it and no regret for her loss. Therefore, when the foundations of natural affection have been destroyed and removed, however much children thus reared may seem to love their father and mother, that affection is in a great measure not natural but merely courteous and conventional.</quote>"</p><p>I heard Favorinus make this address in the Greek language. I have reproduced his sentiments, so far as I was able, for the sake of their general utility, but the elegance, copiousness and richness of his words hardly any power of Latin eloquence could equal, least of all my humble attainments.</p></div><div type="textpart" n="2" subtype="chapter"><head>II</head><milestone unit="section" n="2arg"/><!--<argument>--><p>That the judgment passed by Annaeus Seneca on Quintus Ennius and Marcus Cicero was trifling and futile.</p><!--</argument>--><p><milestone unit="section" n="1"/>SOME think of Annaeus Seneca as a writer of little value, whose works are not worth taking up, since his style seems commonplace and ordinary, while the matter and the thought are characterized, now by a foolish and empty vehemence, now by an empty and  <pb n="v2.p.363"/>  affected cleverness; and because his learning is common and plebeian, gaining neither charm nor distinction from familiarity with the earlier writers.

<note>Besides Caligula, who called Seneca's essays <quote>mere declamation exercises</quote> and his style <quote>sand without lime</quote> (Suet. <hi rend="italic">Calig.</hi> liii), there were other critics of Seneca in his own day, as well as in the following Flavian epoch.</note>
Others, on the contrary, while not denying that his diction lacks elegance, declare that he is not without learning and a knowledge of the subjects which he treats, and that he censures the vices of the times with a seriousness and dignity which are not wanting in charm. I myself do not feel called upon to criticize and pass judgment upon his talents in general, or upon his writings as a whole; but I shall select for consideration the nature of the opinions which he has expressed about Marcus Cicero, Quintus Ennius and Publius Vergilius.</p><p>For in the twenty-second book of his <hi rend="italic">Moral Epistles,</hi> which he addressed to Lucilius, he says

<note>pp. 610 f. Hense; except for these fragments, only twenty books have come down to us.</note>
that the following verses which Quintus Ennius wrote

<note><hi rend="italic">Ann.</hi> 306 ff., Vahlen<hi rend="sup">2</hi>; quoted by Cicero, <hi rend="italic">Brut.</hi> 58.</note>
about Cethegus, a man of the olden time, are absurd: <quote rend="blockquote"><l>He by his fellow citizens was called,</l><l>By every man who lived and flourished then,</l><l>The people's chosen flower, Persuasion's marrow.</l></quote>  He then wrote the following about these lines: <quote>I am surprised that men of great eloquence, devoted to Ennius, have praised those absurd verses as his best. Cicero, at any rate, includes them among examples of his good verses.</quote>

<note><hi rend="italic">Cic. Brut.</hi> 58.</note>
He then goes on to say of Cicero: <quote>I am not surprised that there existed a man who could write such verses, when there existed a man who could praise them; unless haply Cicero, that great orator, was pleading his own cause  <pb n="v2.p.365"/>  and wished his own verse to appear excellent.</quote> Later he adds this very stupid remark: <quote>In Cicero himself too you will find, even in his prose writings, some things which will show that he did not lose his labour when he read Ennius.</quote> Then he cites passages from Cicero which he criticizes as taken from Ennius; for example, when Cicero wrote as follows in his <hi rend="italic">Republic:</hi>

<note>V. 9, 11.</note>
<quote>As Menelaus, the Laconian, had a kind of sweet-speaking charm,</quote> and said in another place: <quote>he cultivates brevity of speech in his oratory.</quote> And then that trifler apologizes for what he considers Cicero's errors, saying: <quote>This was not the fault of Cicero, but of the times; it was necessary to say such things when such verses were read.</quote> Then he adds that Cicero inserted these very things in order to escape the charge of being too diffuse and ornamental in his style.</p><p>In the same place Seneca writes the following about Virgil also: <quote>Our Virgil too admitted some verses which are harsh, irregular and somewhat beyond the proper length, with no other motive than that those who were devoted to Ennius might find a flavour of antiquity in the new poem.</quote></p><p>But I am already weary of quoting Seneca; yet I shall not pass by these jokes of that foolish and tasteless man: <quote>There are some thoughts in Quintus Ennius,</quote> says he, <quote>that are of such lofty tone that though written among the unwashed,

<note>Lit., <quote>those who smell like a he-goat</quote>; cf. Hor. <hi rend="italic">Serm.</hi> i. 2. 27, pastillos Rufillus olet, Gargonius hircum; <hi rend="italic">Epod.</hi> xii. 5.</note>
they nevertheless can give pleasure among the anointed</quote>; and, after censuring the verses about Cethegus which I have quoted above, he said: <quote>It would be clear to you that those who love verses of this kind admire even the couches of Sotericus.</quote>

<note>Obviously, an unskilful workman.</note>
</p><pb n="v2.p.367"/><p>Worthy indeed would Seneca appear

<note>Ironical, of course.</note>
of the reading and study of the young, a man who has compared the dignity and beauty of early Latin with the couches of Sotericus, implying forsooth that they possessed no charm and were already obsolete and despised! Yet listen to the relation and mention of a few things which that same Seneca has well said, for example what he said of a man who was avaricious, covetous and thirsting for money: <quote>Why, what difference does it make how much you have? There is much more which you do not have.</quote> Is not that well put? Excellently well; but the character of the young is not so much benefited by what is well said, as it is injured by what is very badly put; all the more so, if the bad predominates, and if a part of the bad is uttered, not as an argument about some slight and trivial affair, but as advice in a matter requiring decision.</p></div><div type="textpart" n="3" subtype="chapter"><head>III</head><milestone unit="section" n="3arg"/><!--<argument>--><p>The meaning and origin of the word <hi rend="italic">lictor</hi> and the varying opinions of Valgius Rufus and Tullius Tiro on that subject.</p><!--</argument>--><p><milestone unit="section" n="1"/>VALGIUS RUFUS, in the second of the books which he entitled <hi rend="italic">On Matters Investigated by Letter,</hi> says

<note>p. 485, Fun.</note>
that the <hi rend="italic">lictor</hi> was so called from <hi rend="italic">ligando</hi> or <quote>binding,</quote> because when the magistrates of the Roman people had given orders that anyone should be beaten with rods, his legs and arms were always fastened and bound by an attendant, and therefore that the member of the college of attendants who had the duty of binding him was called a <hi rend="italic">lictor.</hi> And he quotes as  <pb n="v2.p.369"/>  evidence on this subject Marcus Tullius, citing these words from the speech entitled <hi rend="italic">In Defence of Gaius Rabirius:</hi>

<note>§ 13.</note>
<quote>Lictor, bind his hands.</quote> This is what Valgius says.</p><p>Now, I for my part agree with him; but Tullius Tiro, the freedman of Marcus Cicero, wrote

<note>p. 8, Lion.</note>
that the <hi rend="italic">lictor</hi> got his name from <hi rend="italic">limus</hi> or <hi rend="italic">licium.</hi> <quote>For,</quote> says he, <quote>those men who were in attendance upon the magistrates were girt across with a kind of girdle called <hi rend="italic">limus.</hi></quote></p><p>But if there is anyone who thinks that what Tiro said is more probable, because the first syllable

<note>The vowel is long, not merely the syllable, as Gellius goes on to say.</note>
in <hi rend="italic">lictor</hi> is long like that of <hi rend="italic">licium,</hi> but in the word <hi rend="italic">ligo</hi> is short, that has nothing to do with the case. For in <hi rend="italic">lictor</hi> from <hi rend="italic">ligando, lector</hi> from <hi rend="italic">legendo, vitor</hi> from <hi rend="italic">viendo, tutor</hi> from <hi rend="italic">tuendo,</hi> and <hi rend="italic">structor</hi> from <hi rend="italic">struendo,</hi> the vowels, which were originally short, are lengthened.</p></div><div type="textpart" n="4" subtype="chapter"><head>IV</head><milestone unit="section" n="4arg"/><!--<argument>--><p>Lines taken from the seventh book of the <hi rend="italic">Annals</hi> of Ennius, in which the courteous bearing of an inferior towards a friend of higher rank is described and defined.</p><!--</argument>--><p><milestone unit="section" n="1"/>QUINTUS ENNIUS in the seventh book of his <hi rend="italic">Annals</hi> describes and defines very vividly and skilfully in his sketch of Geminus Servilius, a man of rank, the tact, courtesy, modesty, fidelity, restraint and propriety in speech, knowledge of ancient history and of customs old and new, scrupulousness in keeping and guarding a secret; in short, the various remedies and methods of relief and solace for guarding against the <pb n="v2.p.371"/> annoyances of life, which the friend of a man who is his superior in rank and fortune ought to have. Those verses in my opinion are no less worthy of frequent, attentive perusal than the rules of the philosophers about duties. Besides this, there is such a venerable flavour of antiquity in these verses, such a sweetness, so unmixed and so removed from all affectation, that in my opinion they ought to be observed, remembered and cherished as old and sacred laws of friendship. Therefore I thought them worthy of quotation, in case there should be anyone who desired to see them at once;

<note><hi rend="italic">Ann.</hi> 234 ff., Vahlen.<hi rend="sup">2</hi></note>
<quote rend="blockquote"><l>So saying, on a friend he called, with whom</l><l>He oft times gladly shared both board and speech</l><l>And courteously informed of his affairs,</l><l>On coming wearied from the sacred House</l><l>Or Forum broad, where he all day had toiled,</l><l>Directing great affairs with wisdom; one with whom</l><l>He freely spoke of matters great and small,</l><l>Confiding to him thoughts approved or not,</l><l>If he so wished, and found him trustworthy;</l><l>With whom he took much pleasure openly</l><l>Or privily; a man to whom no thought</l><l>Suggested heedlessness or ill intent,</l><l>A cultured, loyal and a winsome man,</l><l>Contented, happy, learned, eloquent,</l><l>Speaking but little and that fittingly,</l><l>Obliging, knowing well all ancient lore,</l><l>All customs old and new, the laws of man</l><l>And of the gods, who with due prudence told</l><l>What he had heard, or kept it to himself:</l><l>Him 'mid the strife Servilius thus accosts.</l></quote></p><pb n="v2.p.373"/><p>They say that Lucius Aelius Stilo used to declare

<note>p. 51, Fun.</note>
that Quintus Ennius wrote these words about none other than himself, and that this was a description of Quintus Ennius' own character and disposition.</p></div><div type="textpart" n="5" subtype="chapter"><head>V</head><milestone unit="section" n="5arg"/><!--<argument>--><p>A discourse of the philosopher Taurus on the manner and method of enduring pain, according to the principles of the Stoics.</p><!--</argument>--><p><milestone unit="section" n="1"/>WHEN the philosopher Taurus was on his way to Delphi, to see the Pythian games and the throng that gathered there from almost all Greece, I was his companion. And when, in the course of the journey, we had come to Lebadia, which is an ancient town in the land of Boeotia, word was brought to Taurus there that a friend of his, an eminent philosopher of the Stoic sect, had been seized with illness and had taken to his bed. Then interrupting our journey, which otherwise would have called for haste, and leaving the carriages, he hastened to visit his friend, and I followed, as I usually did wherever he went. When we came to the house in which the sick man was, we saw that he was suffering anguish from pains in the stomach, such as the Greeks call <foreign xml:lang="grc">ko/los,</foreign> or <quote>colic,</quote> and at the same time from a high fever. The stifled groans that burst from him, and the heavy sighs that escaped his panting breast, revealed his suffering, and no less his struggle to overcome it.</p><p>Later, when Taurus had sent for physicians and discussed with them the means of cure, and had encouraged the patient to keep up his endurance by commending the fortitude which he was showing,  <pb n="v2.p.375"/>  we left the house. And as we were returning to the carriages, and our companions, Taurus said: <quote>You were witness of no very pleasant sight, it is true, but one which was, nevertheless, a profitable experience, in beholding the encounter and contest of a philosopher with pain. The violent character of the disorder, for its part, produced anguish and torture of body; reason and the spiritual nature, on the other hand, similarly played their part, supporting and restraining within bounds the violence of well-nigh ungovernable pain. He uttered no shrieks, no complaints, not even any unseemly outcries; yet, as you saw, there were obvious signs of a battle between soul and body for the man's possession.</quote></p><p>Then one of the disciples of Taurus, a young man not untrained in philosophy, said: <quote>If the bitterness of pain is such that it struggles against the will and judgment, forcing a man to groan involuntarily and confess the evil of his violent disorder, why is it said among the Stoics that pain is a thing indifferent and not an evil? Furthermore, why can a Stoic be compelled to do anything, or how can pain compel him, when the Stoics say that pain exerts no compulsion, and that a wise man cannot be forced to anything?</quote>

<note>iii. 168, Arn.</note>
</p><p>To this Taurus, with a face that was now somewhat more cheerful, for he seemed pleased at being lured into a discussion, replied as follows: <quote>If this friend of ours were now in better health, he would have defended such unavoidable groans against reproach and, I dare say, would have answered your question; but you know that I am no great friend of the Stoics, or rather, of the Stoa; for it is often  <pb n="v2.p.377"/>  inconsistent with itself and with us, as is shown in the book which I have written on that subject. But to oblige you, I will say 'unlearnedly and clearly,' as the adage has it, what I imagine that any Stoic now present would have said more intricately and cleverly. For you know, I suppose, that old and familiar proverb:

<note>Aristophanes, <hi rend="italic">Frogs,</hi> 1445.</note>
<quote rend="blockquote"><l>Less eruditely speak and clearer, please.</l></quote></quote></p><p>And with that preamble he discoursed as follows about the pain and groans of the ailing Stoic:

<note>iii. 181, Arn.</note>
<quote>Nature,</quote> said he, "who produced us, implanted in us and incorporated in the very elements from which we sprang a love and affection for ourselves, to such a degree that nothing whatever is dearer or of more importance to us than ourselves. And this, she thought, would be the underlying principle for assuring the perpetuation of the human race, if each one of us, as soon as he saw the light, should have a knowledge and understanding first of all of those things which the philosophers of old have called <foreign xml:lang="grc">ta\ prw=ta kata\ fu/sin,</foreign> or 'the first principles of nature'; that is, that he might delight in all that was agreeable to his body and shrink from everything disagreeable. Later, with increasing years, reason developed from its first elements, and reflection in taking counsel, and the consideration of honour and true expediency, and a wiser and more careful choice of advantages as opposed to disadvantages; and in this way the dignity of virtue and honour became so preeminent and so superior, that any disadvantage from without which prevented our holding and retaining this quality was despised. Nothing was considered truly and wholly good unless it was honourable, and  <pb n="v2.p.379"/>  nothing evil unless it is dishonourable. All other things which lay between, and were neither honourable nor dishonourable, were decided to be neither good nor evil.

<note>Cf. i. 2. 9.</note>
But <hi rend="italic">productions</hi> and <hi rend="italic">relationes,</hi> which the philosophers call <foreign xml:lang="grc">prohgme/na,</foreign> or 'things desirable,' and <foreign xml:lang="grc">a)poprohgme/na,</foreign> or 'things undesirable,' are distinguished and set apart each by their own qualities. Therefore pleasure also and pain, so far as the end of living well and happily is concerned, are regarded as indifferent and classed neither with good nor with evil. But since the newly-born child is endowed with these first sensations of pain and pleasure before the appearance of judgment and reason, and is attracted to pleasure by nature, but averted and alienated from pain, as if from some bitter enemy—therefore reason, which is given to him later, is hardly able to uproot and destroy those inclinations which were originally and deeply implanted in him. Yet he constantly struggles with them, checks and tramples them under foot when they are excessive, and compels them to obey and submit to him. Hence you saw the philosopher, relying upon the efficacy of his system, wrestling with the insolent violence of disease and pain, yielding nothing, admitting nothing; not, as sufferers commonly do, shrieking, lamenting and calling himself wretched and unhappy, but giving vent only to panting breathing and deep sighs, which are signs and indications, not that he is overcome or subdued by pain, but that he is struggling to overcome and subdue it.</p><p><quote>But very likely,</quote> said he, <quote>because of the mere fact that he struggles and groans, someone may ask, if pain is not an evil, why it is necessary to groan and struggle? It is because all things which are not  <pb n="v2.p.381"/>  evil are not also wholly lacking in annoyance, but there are very many things which, though free from any great harm or baneful effect, as not being base,

<note>That is, they do not involve any guilt.</note>
are none the less opposed to the gentleness and mercy of nature through a certain inexplicable and inevitable law of nature herself. These, then, a wise man can endure and put up with, but he cannot exclude them altogether from his consciousness; for <foreign xml:lang="grc">a)nalghsi/a,</foreign> or 'insensibility,' and <foreign xml:lang="grc">a)pa/qeia,</foreign> or 'lack of feeling,' not only in my judgment,</quote> said he, "but also in that of some of the wise men of that same school (such as Panaetius,

<note>Fr. 14, Fowler.</note>
a serious and learned man) are disapproved and rejected."</p><p>"But why is a Stoic philosopher, upon whom they say no compulsion can be exerted, compelled to utter groans against his will? It is true that no compulsion can be exerted upon a wise man when he has the opportunity of using his reason; but when nature compels, then reason also, the gift of nature, is compelled. Inquire also, if you please, why a man involuntarily winks when someone's hand is suddenly directed against his eyes, why when the sky is lit up by a flash of lightning he involuntarily drops his head and closes his eyes, why as the thunder grows louder he gradually becomes terrified, why he is shaken by sneezing, why he sweats in the heat of the sun or grows cold amid severe frosts. For these and many other things are not under the control of the will, the judgment, or the reason, but are decrees of nature and of necessity.</p><p><quote>Moreover, that is not fortitude which, like a giant, struggles against nature and goes beyond her bounds, either through insensibility of spirit, or  <pb n="v2.p.383"/>  savage pride, or some unhappy and compulsory practice in bearing pain—such as we heard of in a certain savage gladiator of Caesar's school, who used to laugh when his wounds were probed by the doctors—but that is true and noble fortitude which our forefathers called a knowledge of what is endurable and unendurable. From this it is evident that there are some insupportable trials, from the undergoing or endurance of which brave men may shrink.</quote></p><p>When Taurus had said this and seemed to intend to say even more, we reached our carriages and entered them.</p></div><div type="textpart" n="6" subtype="chapter"><head>VI</head><milestone unit="section" n="6arg"/><!--<argument>--><p>On the Enigma.</p><!--</argument>--><p><milestone unit="section" n="1"/>THE kind of composition which the Greeks call <quote>enigmas,</quote> some of our early writers called <hi rend="italic">scirpi,</hi> or <quote>rushes.</quote>

<note>Apparently so called from the involved pattern of plaited rushes.</note>
An example is the enigma composed of three iambic trimeters which I recently found— very old, by Jove! and very neat. I have left it unanswered, in order to excite the ingenuity of my readers in seeking for an answer. The three verses are these: <quote rend="blockquote"><l>I know not if he's minus once or twice,</l><l>Or both of these, who would not give his place,</l><l>As I once heard it said, to Jove himself.</l></quote>  He who does not wish to puzzle himself too long will find the answer

<note>The answer is Terminus. Once <hi rend="italic">minus</hi> and twice <hi rend="italic">minus</hi> = thrice (<hi rend="italic">ter</hi>) <hi rend="italic">minus.</hi> In the <hi rend="italic">cella</hi> of Jupiter on the Capitolium, or possibly in the <hi rend="italic">pronaos,</hi> there was a terminal <hi rend="italic">cippus,</hi> representing Terminus, who refused to be removed from his original site.</note>
in the second book of Varro's <hi rend="italic">Latin Language, addressed to Marcellus.</hi>

<note>Fr. 55. G. &amp; S.</note>
</p><pb n="v2.p.385"/></div><div type="textpart" n="7" subtype="chapter"><head>VII</head><milestone unit="section" n="7arg"/><!--<argument>--><p>Why Gnaeus Dolabella, the proconsul, referred to the court of the Areopagus the case of a woman charged with poisoning and admitting the fact.</p><!--</argument>--><p><milestone unit="section" n="1"/>WHEN Gnaeus Dolabella was governing the province of Asia with proconsular authority, a woman of Smyrna was brought before him. This woman had killed her husband and her son at the same time by secretly giving them poison. She confessed the crime, and said that she had reason for it, since her husband and son had treacherously done to death another son of hers by a former husband, an excellent and blameless youth; and there was no dispute about the truth of this statement. Dolabella referred the matter to his council. No member of the council ventured to render a decision in so difficult a case, since the confession of the poisoning which had resulted in the death of the husband and son seemed to call for punishment, while at the same time a just penalty had thereby been inflicted upon two wicked men. Dolabella referred the question to the Areopagites

<note>A very ancient court at Athens, so called because it held its meetings on the Areopagus, or Hill of Mars.</note>
at Athens, as judges of greater authority and experience. The Areopagites, after having heard the case, summoned the woman and her accuser to appear after a hundred years. Thus the woman's crime was not condoned, for the laws did not permit that, nor, though guilty, was she condemned and punished for a pardonable offence. The story is told in the ninth book of Valerius Maximus' work on <hi rend="italic">Memorable Occurrences and Sayings.</hi>

<note>viii. 1 amb. 2, Kempf; Gellius' reference is wrong.</note>
</p><pb n="v2.p.387"/></div><div type="textpart" n="8" subtype="chapter"><head>VIII</head><milestone unit="section" n="8arg"/><!--<argument>--><p>Noteworthy reconciliations between famous men.</p><!--</argument>--><p><milestone unit="section" n="1"/>PUBLIUS AFRICANUS the elder and Tiberius Gracchus, father of Tiberius and Gaius Gracchus, men illustrious for their great exploits, the high offices which they held, and the uprightness of their lives, often disagreed about public questions, and for that reason, or some other, were not friends. When this hostility had lasted for a long time, the feast was offered to Jupiter on the appointed day,

<note>On the 13th of September, which was also the anniversary of the founding of the Capitoline Temple. See Fowler, <hi rend="italic">.Roman Festivals,</hi> pp. 217 f.</note>
and on the occasion of that ceremony the senate banqueted in the Capitol. It chanced that the two men were placed side by side at the same table, and immediately, as if the immortal gods, acting as arbiters at the feast of Jupiter, Greatest and Best of Gods, had joined their hands, they became the best of friends. And not only did friendship spring up between them, but at the same time their families were united by a marriage; for Publius Scipio, having a daughter that was unwedded and marriageable at the time, thereupon on the spot betrothed her to Tiberius Gracchus, whom he had chosen and approved at a time when judgment is most strict; that is, while he was his personal enemy.</p><p>Aemilius Lepidus, too, and Fulvius Flaccus, men of noble birth, who had held the highest offices, and occupied an exalted place in public life, were opposed to each other in a bitter hatred and enmity of long standing. Later, the people chose them censors at the same time. Then they, as soon as their election was proclaimed by the herald, in the Campus Martius itself, before the assembly was <pb n="v2.p.389"/> dispersed, both voluntarily and with equal joy, immediately joined hands and embraced each other, and from that day, both during their censorship and afterwards, they lived in continual harmony as loyal and devoted friends.</p></div><div type="textpart" n="9" subtype="chapter"><head>IX</head><milestone unit="section" n="9arg"/><!--<argument>--><p>What is meant by <quote>ambiguous</quote> words; and that even <hi rend="italic">honos</hi> was such a word.</p><!--</argument>--><p><milestone unit="section" n="1"/>ONE may very often see and notice in the early writings many words which at present in ordinary conversation have one fixed meaning, but which then were so indifferent and general, that they could signify and include two opposite things. Some of these are well known, such as <hi rend="italic">tempestas</hi> (weather), <hi rend="italic">valitudo</hi> (health), <hi rend="italic">facinus</hi> (act), <hi rend="italic">dolus</hi> (device), <hi rend="italic">gratia</hi> (favour), <hi rend="italic">industria</hi> (activity).

<note><hi rend="italic">Tempestas</hi> means good or bad weather; <hi rend="italic">valitudo,</hi> good or ill health, etc.</note>
For it is well-nigh a matter of general knowledge that these are ambiguous and can be used either in a good or in a bad sense.</p><p>That <hi rend="italic">periculm</hi> (trial), too, and <hi rend="italic">venenum</hi> (drug) and <hi rend="italic">contagium</hi> (contagion) were not used, as they now are, only in a bad sense, you may learn from many examples of that usage. But the use of <hi rend="italic">honor</hi> as an indifferent word, so that people even spoke of <quote>bad honour,</quote> signifying <quote>wrong</quote> or <quote>injury,</quote> is indeed very rare. However, Quintus Metellus Numidicus, in a speech which he delivered <hi rend="italic">On his Triumph,</hi> used these words:

<note><hi rend="italic">O. B. F.,</hi> p. 275, Meyer.<hi rend="sup">2</hi></note>
<quote>In this affair, by as much as the whole of you are more important than my single self, by so much he inflicts upon you greater insult and injury than on me; and by as much as honest men are more willing to suffer wrong than to  <pb n="v2.p.391"/>  do wrong to another, by so much has he shown worse honour (<hi rend="italic">peiorem honorem</hi>) to you than to me; for he wishes me to suffer injustice, Romans, and you to inflict it, so that I may be left with cause for complaint, and you may be open to reproach.</quote> He says, <quote>he has shown worse honour to you than to me,</quote> and the meaning of the expression is the same as when he himself says, just before that, <quote>he has inflicted a greater injury and insult on you than on me.</quote></p><p>In addition to the citation of this word, I thought I ought to quote the following saying from the speech of Quintus Metellus, in order to point out that it is a precept of Socrates; the saying in question is: <quote>It is worse to be unjust than to suffer injustice.</quote>

<note>Plato, <hi rend="italic">Gorgias,</hi> p. 473 A; 489 A; 508 B.</note>
</p></div><div type="textpart" n="10" subtype="chapter"><head>X</head><milestone unit="section" n="10arg"/><!--<argument>--><p>That <hi rend="italic">aeditumus</hi> is a Latin word.</p><!--</argument>--><p><milestone unit="section" n="1"/><hi rend="italic">Aeditimus</hi><note>So the MSS.; <hi rend="italic">aeditumus</hi> is a variant spelling.</note>
is a Latin word and an old one at that, formed in the same way as <hi rend="italic">finitimus</hi> and <hi rend="italic">legilimus.</hi> In place of it many to-day say <hi rend="italic">aedituus</hi> by a new and false usage, as if it were derived from guarding the temples.

<note>That is, from <hi rend="italic">aedes</hi> and <hi rend="italic">tueor.</hi></note>
This ought to be enough to say as a warning

<note>There is a lacuna in the text.</note>
. . . because of certain rude and persistent disputants, who are not to be restrained except by the citation of authorities.</p><p>Marcus Varro, in the second book of his <hi rend="italic">Latin Language addressed to Marcellus,</hi> thinks

<note>Fr. 56, G. &amp; S.</note>
that we ought to use <hi rend="italic">aedituus</hi> rather than <hi rend="italic">aedituus,</hi> because the latter is made up by a late invention, while the former is pure and of ancient origin. Laevius too,  <pb n="v2.p.393"/>  in the <hi rend="italic">Protesilaodamia</hi> I think, used <hi rend="italic">claustritumum

<note>Fr. 16, Bährens.</note>
</hi> of one who had charge of the fastenings of a door, evidently using the same formation by which he saw that <hi rend="italic">aeditumus,</hi> or <quote>one who guards the temples,</quote> is made. In the most reliable copies of Marcus Tullius' <hi rend="italic">Fourth Oration against Verres</hi> I find it written:

<note>ii. 4. 96.</note>
<quote>The custodians (<hi rend="italic">aeditumi</hi>) and guards quickly perceive it,</quote> but in the ordinary copies <hi rend="italic">aeditui</hi> is read. There is an Atellan farce of Pomponius' entitled <hi rend="italic">Aeditumus.</hi> In it is this line:

<note>v. 2, Ribbeck. <hi rend="sup">3</hi></note>
<quote rend="blockquote"><l>As soon as I attend you and keep your temple-door (<hi rend="italic">aeditumor</hi>).</l></quote>  Titus Lucretius too in his poem

<note>vi. 1273.</note>
speaks of <hi rend="italic">aedituentes,</hi> instead of <hi rend="italic">aeditui.</hi>

<note>Both <hi rend="italic">aeditumus</hi> and <hi rend="italic">aedituus</hi> are good Latin words. The former is made like <hi rend="italic">finitumus</hi> and originally meant <quote>belonging to a temple</quote>; it derived its meaning <quote>guardian of a temple</quote> from <hi rend="italic">aedituus</hi> (<hi rend="italic">aedes</hi> and <hi rend="italic">tueor</hi>).</note>
</p></div><div type="textpart" n="11" subtype="chapter"><head>XI</head><milestone unit="section" n="11arg"/><!--<argument>--><p>That those are deceived who sin in the confident hope of being undetected, since there is no permanent concealment of wrongdoing; and on that subject a discourse of the philosopher Peregrinus and a saying of the poet Sophocles.</p><!--</argument>--><p><milestone unit="section" n="1"/>WHEN I was at Athens, I met a philosopher named Peregrinus, who was later surnamed Proteus, a man of dignity and fortitude, living in a hut outside the city. And visiting him frequently, I heard him say many things that were in truth helpful and noble. Among these I particularly recall the following:</p><p>He used to say that a wise man would not commit a sin, even if he knew that neither gods nor men  <pb n="v2.p.395"/>  would know it; for he thought that one ought to refrain from sin, not through fear of punishment or disgrace, but from love of justice and honesty and from a sense of duty. If, however, there were any who were neither so endowed by nature nor so well disciplined that they could easily keep themselves from sinning by their own will power, he thought that such men would all be more inclined to sin whenever they thought that their guilt could be concealed and when they had hope of impunity because of such concealment. <quote>But,</quote> said he, <quote>if men know that nothing at all can be hidden for very long, they will sin more reluctantly and more secretly.</quote> Therefore he said that one should have on his lips these verses of Sophocles, the wisest of poets:

<note>Fr. 280 N<hi rend="sup">2</hi></note>
<quote rend="blockquote"><l>See to it lest you try aught to conceal;</l><l>Time sees and hears all, and will all reveal.</l></quote></p><p>Another one of the old poets, whose name has escaped my memory at present, called Truth the daughter of Time.</p></div><div type="textpart" n="12" subtype="chapter"><head>XII</head><milestone unit="section" n="12arg"/><!--<argument>--><p>A witty reply of Marcus Cicero, in which he strives to refute the charge of a direct falsehood.</p><!--</argument>--><p><milestone unit="section" n="1"/>THIS also is part of a rhetorical training, cunningly and cleverly to admit charges not attended with danger, so that if something base is thrown up to you which cannot be denied, you may turn it off by a jocular reply, making the thing seem deserving of laughter rather than censure. This we read that Cicero did, when by a witty and clever remark he  <pb n="v2.p.397"/>  put aside what could not be denied. For when he wished to buy a house on the Palatine, and did not have the ready money, he received a loan of 2,000,000 sesterces

<note>About $100,000 or £20,000.</note>
privately from Publius Sulla, who was at the time under accusation.

<note>He was charged with participation in the conspiracy of Catiline.</note>
But before he bought the house, the transaction became known and reached the ears of the people, and he was charged with having received money from an accused man for the purpose of buying a house. Then Cicero, disturbed by the unexpected reproach, said that he had not received the money and also declared that he had no intention of buying a house, adding: <quote>Therefore, if I buy the house, let it be considered that I did receive the money.</quote> But when later he had bought the house and was twitted in the senate with this falsehood by friends, he laughed heartily, saying as he did so: <quote>You are men devoid of common sense, if you do not know that it is the part of a prudent and careful head of a family to get rid of rival purchasers by declaring that he does not intend to buy something that he wishes to purchase.</quote></p></div><div type="textpart" n="13" subtype="chapter"><head>XIII</head><milestone unit="section" n="13arg"/><!--<argument>--><p>What is meant by the expression <quote>within the Kalends,</quote> whether it signifies <quote>before the Kalends</quote> or <quote>on the Kalends,</quote> or both; also the meaning of <quote>within the Ocean</quote> and <quote>within Mount Taurus</quote> in a speech of Marcus Tullius, and of <quote>within the limit</quote> in one of his letters.</p><!--</argument>--><p><milestone unit="section" n="1"/>WHEN I had been named by the consuls a judge extraordinary at Rome,

<note>From early times the examination of the evidence in cases at law was turned over by the magistrates to private persons, who acted under instruction from the magistrate. Lawsuits consisted of two parts: a preliminary hearing before the magistrate (<hi rend="italic">in iure</hi>) and the proceedings <hi rend="italic">in iudicio</hi> before the private judge. Gellius mentions a similar appointment by the praetors in xiv. 2. 1.</note>
and ordered to give judgment <quote>within the Kalends,</quote> I asked Sulpicius Apollinaris,  <pb n="v2.p.399"/>  a learned man, whether the phrase <quote>within the Kalends</quote> included the Kalends themselves; and I told him that I had been duly appointed, that the Kalends had been set as the limit, and that I was to give judgment <quote>within</quote> that day. <quote>Why,</quote> said he, <quote>do you make this inquiry of me rather than of some one of those who are students of the law and learned in it, whom you are accustomed to take into your counsel when about to act as judge?</quote> Then I answered him as follows: <quote>If I needed information about some ancient point of law that had been established, one that was contested and ambiguous, or one that was newly ratified, I should naturally have gone to inquire of those whom you mention. But when the meaning, use and nature of Latin words is to be investigated, I should indeed be stupid and mentally blind, if, having the opportunity of consulting you, I had gone to another rather than to you.</quote> <quote>Hear then,</quote> said he, <quote>my opinion about the meaning of the word,

<note>That is, <hi rend="italic">intra,</hi></note>
but be it understood that you will not act according to what I shall say about its nature, but according to what you shall learn to be the interpretation agreed upon by all, or by very many, men; for not only are the true and proper significations of common words changed by long usage, but even the provisions of the laws themselves become a dead letter by tacit consent.</quote></p><p>Then he proceeded to discourse, in my hearing and that of several others, in about this fashion: <quote>When the time,</quote> said he, "is so defined that the judge is to render a decision 'within the Kalends, everyone at once jumps to the conclusion that there is no doubt that the verdict may lawfully be rendered before the Kalends, and I observe that the only  <pb n="v2.p.401"/>  question is the one which you raise, namely, whether the decision may lawfully be rendered also on the Kalends. But undoubtedly the word itself is of such origin and such a nature that when the expression 'within the Kalends' is used, no other day ought to be meant than the Kalends alone. For those three words <hi rend="italic">intra, citra, ultra</hi> (within, this side, beyond), by which definite boundaries of places are indicated, among the early writers were expressed by monosyllables, <hi rend="italic">in, cis, uls.</hi> Then, since these particles had a somewhat obscure utterance because of their brief and slight sound, the same syllable was added to all three words, and what was formerly <hi rend="italic">cis Tiberim</hi> (on this side of the Tiber) and <hi rend="italic">uls Tiberim</hi> (beyond the Tiber) began to be called <hi rend="italic">citra Tiberim</hi> and <hi rend="italic">ultra Tiberim;</hi> and <hi rend="italic">in</hi> also became <hi rend="italic">intra</hi> by the addition of the same syllable. Therefore all these expressions are, so to speak, related, being united by common terminations: <hi rend="italic">intra oppidum, ultra oppidum, citra oppidum,</hi> of which <hi rend="italic">intra,</hi> as I have said, is equivalent to <hi rend="italic">in;</hi> for one who says <hi rend="italic">intra oppidum, intra cubiculum, intra ferias</hi> means nothing else than <hi rend="italic">in oppido</hi> (in the town), <hi rend="italic">in cubiculo</hi> (in the room), <hi rend="italic">in feriis</hi> (during the festival)."</p><p><quote>'Within the Kalends,' then, is not 'before the Kalends,' but 'on the Kalends'; that is, on the very day on which the Kalends fall. Therefore, according to the meaning of the word itself, one who is ordered to give judgment 'within the Kalends,' unless he do so on the Kalends, acts contrary to the order contained in the phrase; for if he does so earlier, he renders a decision not ' within' but ' before the Kalends.' But somehow or other the utterly absurd interpretation has been generally adopted,  <pb n="v2.p.403"/>  that ' within the Kalends' evidently means also ' on this side of the Kalends' or 'before the Kalends'; for these are nearly the same thing. And, besides, it is doubted whether a decision may be rendered on the Kalends also, since it must be rendered neither beyond nor before that date, but 'within the Kalends,' a time which lies between these; that is to say, ' on the Kalends.' But no doubt usage has gained the victory, the mistress not only of all things, but particularly of language.</quote></p><p>After this very learned and clear discussion of the subject by Apollinaris, I then spoke as follows: <quote>It occurred to me,</quote> said I, <quote>before coming to you, to inquire and investigate how our ancestors used the particle in question. Accordingly, I found that Tullius in his <hi rend="italic">Third Oration against Verres</hi> wrote thus:

<note>ii. 3. 207.</note>
'There is no place within the ocean (<hi rend="italic">intra oceanum</hi>) either so distant or so hidden, that the licentiousness and injustice of our countrymen has not penetrated it.' He uses 'within the ocean' contrary to your reasoning; for he does not, I think, wish to say 'in the ocean,' but he indicates all the lands which are surrounded by the ocean and to which our countrymen have access; and these are 'this side the ocean,' not 'in the ocean.' For he cannot be supposed to mean some islands or other, which are spoken of as far within the waters of the ocean itself.</quote></p><p>Then with a smile Sulpicius Apollinaris replied: <quote>Keenly and cleverly, by Heaven! have you confronted me with this Ciceronian passage; but Cicero said ' within the ocean,' not, as you interpret it, ' this side ocean.' What pray can be said to be 'on this side of the ocean,' when the ocean surrounds and  <pb n="v2.p.405"/>  encircles all lands on every side?

<note>The Greeks of early times regarded the ocean as a great river encircling the earth.</note>
For that which is 'on this side' of a thing, is outside of that thing; but how can that be said to be ' within' which is without? But if the ocean were only on one side of the world, then the land in that part might be said to be 'this side the ocean,' or 'before the ocean.' But since the ocean surrounds all lands completely and everywhere, nothing is on this side of it, but, all lands being walled in by the embrace of its waters, everything which is included within its shore is in its midst, just as in truth the sun moves, not on this side of the heavens, but within and in them.</quote></p><p>At the time, what Sulpicius Apollinaris said seemed to be learned and acute. But later, in a volume of <hi rend="italic">Letters to Servius Sulpicius</hi> by Marcus Tullius, I found <quote>within moderation</quote> (<hi rend="italic">intra modum</hi>) used in the same sense that those give to <quote>within the Kalends</quote> who mean to say <quote>this side of the Kalends.</quote> These are the words of Cicero, which I quote:

<note><hi rend="italic">Ad Fam. IV.</hi> 4. 4.</note>
<quote>But yet since I have avoided the displeasure of Caesar, who would perhaps think that I did not regard the present government as constitutional if I kept silence altogether, I shall do this

<note><hi rend="italic">i.e.,</hi> take part in politics.</note>
moderately, or even less than moderately (<hi rend="italic">intra modum</hi>), so as to consult both his wishes and my own desires.</quote> He first said <quote>I shall do this moderately,</quote> that is, to a fair and temperate degree; then, as if this expression did not please him and he wished to correct it, he added <quote>or even within moderation,</quote> thus indicating that he would do it to a less extent than might be considered moderate; that is, not up to the very limit, but somewhat short of, or <quote>on this side of</quote> the limit.</p><pb n="v2.p.407"/><p>Also in the speech which he wrote <hi rend="italic">In Defence of Publius Sestius</hi> Cicero says <quote>within Mount Taurus</quote> in such a way as to mean, not <quote>on Mount Taurus,</quote> but <quote>as far as the mountain and including the mountain itself.</quote> These are Cicero's own words in the speech which I have mentioned:

<note>§ 58</note>
<quote>Our forbears, having overcome Antiochus the Great after a mighty struggle on land and sea, ordered him to confine his realm 'within Mount Taurus.' Asia, which they had taken from him, they gave to Attalus, to be his kingdom.</quote> Cicero says: <quote>They ordered him to confine his realm within Mount Taurus,</quote> which is not the same as when we say <quote>within the room,</quote> unless <quote>within the mountain</quote> may appear to mean what is within the regions which are separated by the interposition of Mount Taurus.

<note>This is the usage of the Greek geographers, such as Strabo, who uses <foreign xml:lang="grc">e)/sw tou= i)sqmou=</foreign> and <foreign xml:lang="grc">e)/sw tou= Tau/rou</foreign> in the sense of <quote>south of the isthmus</quote> and <quote>south of Taurus.</quote> </note>
For just as one who is <quote>within a room</quote> is not in the walls of the room, but is within the walls by which the room is enclosed, which walls themselves are yet equally in the room, just so one who rules <quote>within Mount Taurus,</quote> not only rules on Mount Taurus but also in those regions which are bounded by Mount Taurus.</p><p>According therefore to the analogy of the words of Marcus Tullius may not one who is bidden to make a decision <quote>within the Kalends</quote> lawfully make it before the Kalends and on the Kalends themselves? And this results, not from a sort of privilege conceded to ignorant usage, but from an accurate regard for reason, since all time which is embraced by the day of the Kalends is correctly said to be <quote>within the Kalends.</quote></p><pb n="v2.p.409"/></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>