Noctes Atticae

How Favorinus discoursed when I consulted hint about the duty of a judge.

AT the time when I was first chosen by the praetors to be one of the judges in charge of the suits which are called

private,

living voice,

mute counsellors.

A sum of money was claimed before me, which was said to have been paid and counted out; [*](i.e. advanced or loaned by the claimant.) but the claimant did not show this by documents or witnesses, but relied upon very slender arguments. It was clear, however, that he was a thoroughly good man, of well-known and tested integrity and of blameless life, and many striking instances of his probity and honesty were presented. On the other hand, the man upon whom the claim was made was shown to be of no substance, of base and evil life, often convicted of lying, and full of treachery and fraud. Yet lie, along with his numerous advocates, noisily protested that the payment of the money ought to be shown in the usual way, by a

receipt for payment,

book of accounts,

producing a signature,

a sealed deed,

testimony of witnesses

Thereupon some friends of mine, whom I had asked to aid me with their advice, experienced men with a reputation gained in acting as advocates and in the business of the forum, who were always inclined to act in haste because of the suits everywhere demanding attention, declared there was no need of sitting longer and that there was no doubt that the defendant ought to be acquitted, since it could not be shown in any of the usual ways that he had received the money. But when I contemplated the men, one abounding in honesty, the other in baseness and of a most shameful and degraded life, I could not by any means be argued into an acquittal. I therefore ordered a postponement and from the bench I proceeded to go to the philosopher Favorinus, with whom I associated a great deal at Rome at that time. I told him the whole story of the suit and of the men, as it had been related to me, begging that with regard both to the matter about which I was then in doubt, as well as to others which I should have to consider in my position as judge, he should make me a man of greater wisdom in such affairs.

Then Favorinus, after commending my scrupulous hesitation and my conscientiousness said:

The question which you are now considering may seem to be of a trifling and insignificant character. But if you wish me to instruct you as to the full duties of a judge, this is by no means a fit place or time; for such a discussion involves many intricate questions and requires long and anxious attention and consideration. For-to touch at once upon a few leading questions for your benefit-the first query relating to the duty of a judge is this. If a judge

v3.p.27

chance to have knowledge of a matter which is brought to trial before him, and the matter is clearly known and demonstrated to him alone from some external circumstance or event, before it has begun to be argued or brought into court, but nevertheless the same thing is not proved in the course of the trial, ought he to decide in accordance with what he knew beforehand, or according to the evidence in the case? This question also,

"Besides these questions, there is disagreement also on this point, whether it is consistent with the Practice and office of a judge by his occasional remarks so to explain and set forth the matter and he case which is being tried, that before the time of his decision, as the result of statements which at he time are made before him in a confused and doubtful form, he gives signs and indications of the motions and feelings by which he is affected on each occasion and at every time. For those judges who give the impression of being keen and quick hink that the matter in dispute cannot be examined

But,

This was the advice which Favorinus gave me at that time, as became a philosopher. But I thought that I should show more importance and presumption than became my youth and humble merit, if I appeared to sit in judgment on and condemn a man from the characters of the disputants rather than from the evidence in the case; yet I could not make up my mind to acquit the defendant, and accordingly I took oath that the matter was not clear to me and in that way I was relieved from rendering a decision. The words of the speech of Marcus Cato which

Favorinus mentioned are these:

And I have learnt this from the tradition of our ancestors: if anyone claim anything from another, and both are equally either good or bad, provided there are no witnesses to the transaction between the two, the one from whom the claim is made ought rather to be credited. Now, if Gellius had made a wager [*](See note on vi. 11. 9.) with Turio on the issue, ' Provided Gellius were not a better man than Turio,' no one, I think, would be so mad as to decide that Gellius is better than Turio; if Gellius is not better than Turio, the one from whom the claim is made ought preferably to be credited.

Whether Plato and Xenophon were rivals and not on good terms with each other.

THOSE who have written most carefully and thoroughly about the life and character of Xenophon and Plato have expressed the belief that they were not free from certain secret and concealed feelings of enmity and rivalry of each other, and they have set forth some conjectural evidence of this, drawn from their writings. These are in fact of this sort: that Plato in his great number of works nowhere makes mention of Xenophon, nor, on the other hand, does Xenophon mention Plato in his writings, although both men, and in particular Plato in the dialogues which he wrote, mention many followers of Socrates. This too they thought was an indication of no sincerely friendly feeling: that Xenophon in opposition to that celebrated work of Plato, which he wrote on the best form of constitution and of governing a city-state, having barely read the two books of Plato's work which were first made public, proposed a different mode of government (to wit, a monarchy) in the work entitled Paidei/as Ku/rou, or The Education of Cyrus. They say that Plato was so disturbed by that conduct and book of his, that having made mention of king Cyrus in one of his own books, in order to criticize and belittle Xenophon's work he said [*](De Legg. 12, p. 694, c.) that Cyrus was indeed a strong and active man, but

had by no means had a fitting education

Moreover, they think that this also is added to

But when Xenophon wrote this,

The of course refers to Plato, in whose works Socrates discourses on physics, music and geometry.

That Chrysippus skilfully and vividly represented the likeness of Justice in melodious and picturesque language.

MOST worthily, by Heaven! and most elegantly did Chrysippus, in the first book of his work entitled On Beauty and Pleasure, depict the face and eyes of Justice, and her aspect, with austere and noble word-painting. For he represents the figure of Justice, and says that it was usually represented by the painters and orators of old in about the following manner:

Of maidenly form and bearing, with a stern and fearsome countenance, a keen glance of the eye, and a dignity and solemnity which was neither mean nor cruel, but awe-inspiring.

She has the title of virgin as a symbol of her purity and an indication that she has never given way to evil-doers, that she has never yielded to soothing words, to prayers and entreaties, to flattery, nor to anything of that kind. Therefore she is properly represented too as stern and dignified, with a serious expression and a keen, steadfast glance, in order that she may inspire fear in the wicked and courage in the good; to the latter, as her friends, she presents a friendly aspect, to the former a stern face.

I thought it the more necessary to quote these words of Chrysippus, in order that they might be before us for consideration and judgment, since, on hearing me read them, some philosophers who are more sentimental in their views called that a representation of Cruelty rather than of Justice.

The strife and contention of two eminent grammarians at Rome as to the vocative case of egregius.

ONCE upon a time, wearied with constant writing, I was walking in the park of Agrippa [*](The campus Agrippae, laid out by the famous minister of Augustus, was finished and dedicated by the emperor in 7 B.C. It extended from the line of the aqua Virgo on the south at least as far as the modern via S. Claudio on the north, and from the via Lata to the slope of the Quirinal hill, although its eastern boundary is quite uncertain; see Platner, Topog.,2 p. 477.) for the purpose of relieving and resting my mind. And there, as it chanced, I saw two grammarians of no small repute in the city of Rome, and was a witness of a violent dispute between them, one maintaining

The argument of the one who thought that we should say egregi was of this sort:

Whatever nouns or words,

end in the nominative singular in the syllable us preceded by i, in the vocative case terminate in the letter i, as Caelius Caeli, modius modi, tertius terti, Accius Acci, Titius Titi, and the like; so then egregious, since it ends in the syllable us in the nominative and the letter i precedes that syllable, must in the vocative singular have i for the final letter, and therefore it is correct to say egregi, not egregie. For divus and rivus and clivus do not end in the syllable us, but in that which ought to be written with two us, and in order to indicate that sound a new letter was devised, which was called the digamma.

Of what kind are the things which have the appearance of learning, but are neither entertaining nor useful; and also of changes in the names of several cities and regions.

A FRIEND of mine, a man not without fame as a student of literature, who had passed a great part of his life among books, said to me:

I should like to aid and adorn your Nights,

grammarian

narrow passage,

I

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congratulate you, most learned sir, on this display of encyclopaedic erudition; but take back this precious volume, which does not have the slightest connection with my humble writings. For my Nights, which you wish to assist and adorn, base their inquiries especially on that one verse of Homer which Socrates said was above all other things always dear to him [*](Odyss. iv. 392.) Whate'er of good and ill has come to you at home.

That Marcus Varro presented Gnaeus Pompeius, when he was consul elect for the first time, with a commentary, which Varro himself called Ei)sagwgiko/s, [*](The word means Introductory. It was what we should call a Handbook of Parliamentary Practice.) on the method of conducting meetings of the senate.

GNAEUS POMP/EIUS was elected consul for the first time with Marcus Crassus. When he was on the point of entering upon the office, because of his long military service he was unacquainted with the method of convening and consulting the senate, and of city affairs in general. He therefore asked his friend Marcus Varro to make him a book of instructions (Ei)sagwgiko/s, as Varro himself termed it), from which he might learn what he ought to say and do when he brought a measure before the House. Varro in letters which he wrote to Op

First of all, he tells us there by what magistrates the senate was commonly convened according to the usage of our forefathers, naming these:

the dictator, consuls, praetors, tribunes of the commons, interrex, and prefect of the city.

temple.

temples

But when he says that a decree of the senate is commonly made in two ways, either by calling for opinions or by division, that does not seem to agree with what Ateius Capito has written in his Miscellanies. For in Book VIIII Capito says [*](Frag. 3, Huschke; 5, Bremer.) that Tubero asserts [*](Frag. 1, Huschke; De Off. Sen. 1, Bremer.) that no decree of the senate could be made without a division, since in all decrees of the senate, even in those which are made by calling for opinions, a division was necessary, and Capito himself declares that this is true. But I recall writing on this whole matter more fully and exactly in another place. [*](iii. 18.)

Inquiry and difference of opinion as to whether the praefect appointed for the Latin Festival has the right of convening and consulting the senate.

JUNIUS declares [*](Frag. 10, Huschke; id., Bremer.) that the praefect left in charge of the city because of the Latin Festival [*](The feriae Latinae were held on the Alban Mount in April at a date set by the consuls. Since the consuls must be present at the celebration, they appointed a prafectus urbi to take their place in Rome. Under the empire he was called praefectus urbi fcriarum Latinarum, to distinguish him from the praefectus urbi instituted by Augustus (Suet. Aug. xxxvii). Since a praefectus had the powers of the officer or officers in whose place he was appointed, Varro and Capito are right in theory; but since very young men were often appointed to the office (Suet. Nero, vii. 2; S.H.A. vita Marci, iv, etc.), Junius may have been right as to the actual practice.) may not hold a meeting of the senate, since he is neither a senator nor has he the right of expressing his opinion, because he is made praefect at an age when he is not eligible to the senate. But Marcus Varro in the fourth book of his Investigations in Epistolary Form [*](p. 196, Bipont.) and Ateius Capito in the ninth of his Miscellanies [*](Frag. 4, Huschke; id., Bremer.) assert that the praefect has the right to convene the senate, and Capito declares that Varro agrees on this point with Tubero, contrary to the view of Junius:

For the tribunes of the commons also,

had the right of convening the senate although before the bill of Atinius [*](The date of this bill is not known.) they were not senators.

That it is written in the Annals of Quintus Claudius that wood smeared with alum does not burn.

THE rhetorician Antonius Julianus, besides holding forth on many other occasions, had once declaimed with marvellous charm and felicity. For such scholastic declamations generally show the characteristics of the same man and the same eloquence, but nevertheless are not every day equally happy. We friends of his therefore thronged about him on all sides and were escorting him home, when, as we were on our way up the Cispian Hill, we saw that a block of houses, built high with many stories, had caught fire, and that now all the neighbouring buildings were burning in a mighty conflagration. Then some one of Julianus' companions said:

The income from city property is great, but the dangers are far greater. But if some remedy could be devised to prevent houses in Rome from so constantly catching fire, by Jove! I would sell my country property and buy in the city.

If you had read the nineteenth book of the Annals of Quintus Claudius, that excellent and faithful writer, you would surely have learned from Archelaus, a praefect of king Mithridates, by what method and by what skill you might prevent fires, so that no wooden building of yours

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would burn, even though caught and penetrated by the flames.

I inquired what this marvel of Quadrigarius [*](That is, Quintus Claudius Quadrigarius; see § 4.) was. He rejoined:

In that book then I found it recorded, that when Lucius Sulla attacked the Piraeus in the land of Attica, and Archelaus, praefect of king Mithridates, was defending it against him, Sulla was unable to burn a wooden tower constructed for purposes of defence, although it had been surrounded with fire on every side, because Archelaus had smeared it with alum.

When Sulla had exerted himself for a long time, he led out his troops in order to set fire to a single wooden tower which Archelaus had interposed. He came, he drew near, he put wood under it, he beat off the Greeks, he applied fire; though they tried for a considerable time, they were never able to set it on fire, so thoroughly had Archelaus covered all the wood with alum. Sulla and his soldiers were amazed at this, and failing in his attempt, the general led back his troops.

That Plato in the work which he wrote On the Laws expressed the opinion that inducements to drink more abundantly and more merrily at feasts were not without benefit.

A MAN from the island of Crete, who was living in Athens, gave out that he was a Platonic philosopher and desired to pass as one. He was, however, a man of no worth, a trifler, boastful of his command

However, Plato in the first [*](9, p. 637, A; 14, p. 647, E.) and second [*](9, p. 666, A; 12, p. 671, B.) books of his work On the Laws did not, as that fool thought, praise that shameful intoxication which is wont to undermine and weaken men's minds, although he did not disapprove of that somewhat more generous and cheerful inspiration of wine which is regulated by some temperate arbiters, so to speak, and presidents of banquets. For he thought that by the proper and moderate relaxation of drinking the mind was refreshed and renewed for resuming the duties of sobriety, and that men were gradually rendered happier and became readier to repeat their efforts. At the same time, if there were deep in their hearts any errors of inclination or desire,

And in the same place Plato says this also: that exercises of this kind [*](That is, in the moderate use of wine, explained by adversum . . . violentiam.) for the purpose of resisting the violence of wine, are not to be avoided and shunned, and that no one ever appeared to be altogether selfrestrained and temperate whose life and habits had not been tested amid the very dangers of error and in the midst of the enticements of pleasures. For when all the license and attractions of banquets are unknown, and a man is wholly unfamiliar with them, if haply inclination has led him, or chance has induced him, or necessity has compelled him, to take part in pleasures of that kind, then he is as a rule seduced and taken captive, his mind and soul fail to meet the test, but give way, as if attacked by some strange power. Therefore he thought that we ought to meet the issue and contend hand to hand, as in a kind of battle, with pleasure and indulgence in wine, in order that we may not be safe against them by flight or absence, but that by vigour of spirit, by presence of mind, and by moderate use, we may preserve our temperance and self-restraint, and at the same time by warming and refreshing the mind we may free it of whatever frigid austerity or dull bashfulness it may contain.

What Marcus Cicero thought and wrote about the prefix in the verbs aufugio and aufcro; and whether this same preposition is to be seen in the verb autumo.

I READ a book of Marcus Cicero's entitled The Orator. In that book when Cicero had said that the verbs aifugio and aufero were indeed formed of the preposition ab and the verbs fugio and fero, but that the preposition, in order that the word might be smoother in pronunciation and sound, was changed and altered into the syllable au, [*](Au is probably a different preposition from ab; see Archiv. f. lat. Lex. u. Gr., x, p. 480, and xiii, pp. 7 f.) and aufulgio and aufero began to be used for abfugio and abfero; when he had said this, I say, he afterwards in the same work wrote as follows of the same particle: [*](§ 158.)

This preposition,

will be found in no other verb save these two only.

But I have found in the Commentary of Nigidius [*](Frag. 51, Swoboda.) that the verb autumo is formed from the preposition ab and the verb aestumo (estimate) and that autumo is a contracted form of abaestumo, signifying totum aestumo, on the analogy of abnumero. [*](The derivation of autumo is uncertain; some take the original meaning to be divining and connect it with avis; see T.L.L. s.v. Walde rejects that derivation in favour of the one from autem; cf. Fay, Class. Quart. i. (1907) p. 25. Here the original meaning is assumed to be repeat, assert, and in fact autumo and itero are sometimes synonymous. The development of the meanings of autuino was doubtless influenced by aestumo, which has the same suffix.) But, be it said with great respect for Publius Nigidius, a most learned man, this seems to be rather bold and clever than true. For autumo does not only mean

I think,

I say,

I am of the opinion,

I consider,

1. First bent them back (au)e/rusan), then slew and flayed the beasts;

1. Loud-shouting (au)i/axoi), noisy. [*](Or, in silence, noiseless; see L. and S. s.v.)

The story of Ventidius Bassus, a man of obscure birth, who is reported to have been the first to celebrate a triumph over the Parthians.

IT was lately remarked in the conversation of certain old and learned men that in ancient times many persons of most obscure birth, who were previously held in great contempt, had risen to the highest grade of dignity. Nothing that was said about anyone, however, excited so much wonder as the story recorded of Ventidius Bassus. He was born in Picenum in a humble station, and with his mother was taken prisoner by Pompeius Strabo,

1. Assemble, soothsayers and augurs all!
2. A portent strange has taken place of late;
3. For he who curried mules is consul now.

Suetonius Tranquillus writes [*](Frag. 210, Reiff.) that this same Bassus was put in charge of the eastern provinces by Mark Antony, and that when the Parthians invaded Syria he routed them in three battles; [*](39 and 38 B.C.) that he was the first of all to celebrate a triumph over the Parthians, and was honoured when he died with a public funeral.

That the verb profligo is used by many improperly and ignorantly.

JUST as many other words, through the ignorance and stupidity of those who speak badly what they do not understand, are diverted and turned aside from their proper and usual meaning, so too has the signification of the verb profligo been changed and perverted. For while it is taken over and derived from adfligo, in the sense of

bring to ruin and destruction,

waste

destroy,

For,

when that impudent prater had made a request in these terms: 'All the business, renowned sir, about which you said that you would take cognizance to-day, because of your diligence and promptness is done (profligata sunt); one matter only remains, to which I beg you to give attention.' Then the praetor wittily enough replied: 'Whether the affairs of which you say that I have taken cognizance are done (profligata), I do not know; but this business which has fallen into your hands is undoubtedly done for (profligatum est), whether I hear it or not.'

But to indicate what those wish to express who use profligatum in the sense of

nearly done,

We see the war nearing its end (adfectum) and, to tell the truth, all but finished.

For why should Caesar himself wish to remain longer in that province, except that he may turn over to the State, completed, the tasks which he has nearly finished (acfecta sunt)?

When indeed, as summer is already well nigh ended (adfecta), it is time for the grapes to ripen in the sun.

An evident mistake in the second book of Cicero On Glory, in the place where he has written about Hector and Ajax.

IN Cicero's second book On Glory there is an evident mistake, of no great importance-a mistake

The same poet says that Ajax, when about to engage with Hector in combat, arranges for his burial in case he should chance to be defeated, declaring that he wishes that those who pass his tomb even after many ages should thus speak: [*](Iliad vii. 89.)

1. Here lies a man of life's light long bereft,
2. Who slain by Hector's sword fell long ago.
3. This, one shall say; my glory ne'er shall die.

But the verses to this purport, which Cicero has turned into the Latin tongue, Ajax does not utter in Homer, nor is it Ajax who plans his burial, but Hector speaks the lines and arranges for burial, before he knows whether Ajax will meet him in combat.

It has been observed of old men, that the sixty-third year of their life is marked as a rule by troubles, by death, or by some disaster; and an example apropos of this observation is taken from a letter from the deified Augustus to his son Gaius. [*](Gaius and Lucius Caesar were sons of Agrippa and Julia, and grandsons of Augustus (see Gaium nepotem, § 3).)

IT has been observed during a long period of human recollection, and found to be true, that for almost all old men the sixty-third year of their age Both were adopted by Augustus, and on the death of the young Marcellus were made principes iuventutis, and thus designated as the successors of Augustus.

climacteric.

1. The ninth day before the Kalends of October. [*](Sept. 23.)

Greeting, my dear Gaius, my dearest little donkey, [*](A term of affection. The asellus is an attractive little beast, whatever the reputation of the asinus. The ocellus of Beroaldus and Damsté's autclus (=avicellus, birdlet; the usual form is avicula, as in ii. 29. 2) are needless changes, particularly in view of Augustus' humorous tendencies; Weiss cites vi. 16. 5, where asellus has a different, but hardly more complimentary, meaning.) whom, so help me! constantly miss whenever you are away from me. But especially on such days as to-day my eyes are eager for my Gaius, and wherever you have been to-day, I hope you have celebrated my sixty-fourth birthday in health and happiness. For, as you see, I have passed the climacteric common to all old men, the sixty-third year. And I pray the gods that whatever time is left to me I may pass with you safe and well, with our country in a flourishing condition, while you [*](The plural refers to Gaius and his brother Lucius; see note.) are playing the man and preparing to succeed to my position.

A passage from a speech of Favonius, an early orator, containing an attack which he made on luxurious entertainments, when he was advocating the Licinian law for lessening extravagance.

WHEN I was reading an old speech of Favonius, a man of no little eloquence, in which [*](The sense of the lacuna seems to be given in the chapter heading.) . . . I learned the whole of it by heart, in order to be able to remember that such extravagant living is truly hateful. These words which I have added are those of Favonius: [*](O.R.F., p. 207, Meyer2.)

The leaders in gluttony and luxury declare that an entertainment is not elegant, unless, when you are eating with the greatest relish, your plate is removed and a better, richer dainty comes from the reserves. This to-day is thought the very flower of a feast among those with whom extravagance and fastidiousness take the place of elegance; who say that the whole of no bird ought to be eaten except a fig-pecker; who think that a dinner is mean and stingy unless so many of the other birds and fatted fowl are provided, that the guests may be satisfied with the rumps and hinder parts; who believe that those who eat the upper parts of such birds and fowl have no refinement of taste. If luxury continues to increase in its present proportion, what remains but that men should bid someone to eat their dinners for them, in order that they may not fatigue themselves by feeding, when the couch is more profusely adorned with gold, silver and purple for a few mortals than for the immortal gods?

That the poet Caecilius used frons in the masculine gender, not by poetic license, but properly and by analogy.

CORRECTLY and elegantly did Caecilius write this in his Changeling: [*](ii. 79, Ribbeck3.)

1. The worst of foes are these, of aspect gay (fronte hilaro),
2. Gloomy of heart, whom we can neither grasp Nor yet let go.

What license and boldness Caecilius showed here in saying, fronte hilaro and not fronte hilara, and in not shrinking from so dreadful a solecism.

Nay,

it is rather we who are as bold and free as possible in improperly and ignorantly failing to use frons in the masculine gender, when both the principle of regularity which is called analogy [*](On analogy see ii. 25.) and the authority of earlier writers indicate that we ought to say, not hanc frontem, but hunc frontem. Indeed, Marcus Cato in the first book of his Origins wrote as follows: [*](Frag. 99, Peter2.) 'On the following day in open combat, with straight front (aequo fronte) we fought with the enemy's legions with foot, horse and wings.' Also Cato again says [*](Frag. 100, Peter2.) recto fronte in the same book.

Away with your authorities, which I think you may perhaps have, but give me a reason, which you do not

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have.

Listen,

my dear sir, to a reason that may be false, but which you cannot prove to be false. All words,

ending in the three letters in which frons ends are of the masculine gender, if they end in the same syllable in the genitive case also, as mons, fons, pons, frons.

Hear, young scholar, several other similar words which are not of the masculine gender.

Go now and take thirty days to hunt one up; when you have found it, meet us again.

About the strange suicides of the maids of Miletus.

PLUTARCH in the first book of his work On the Soul, [*](vii. p. 20, Bern.) discussing disorders which affect the human mind, has told us that almost all the maidens of the Milesian nation suddenly without any apparent cause conceived a desire to die, and thereupon many of them hanged themselves. When this happened more frequently every day, and no remedy had any effect on their resolve to die, the Milesians passed a decree that all those maidens who committed suicide

The words of a decree of the senate on expelling philosophers from the city of Rome; also the words of the edict of the censors by which those were rebuked and restrained who had begun to establish and practise the art of rhetoric at Rome.

IN the consulship of Gaius Fannius Strabo and Marcus Valerius Messala [*](161 B.C.) the following decree of the senate was passed regarding Latin speaking philosophers and rhetoricians: [*](Fontes Iuris Rom., p. 157; cf. Suetonius, De Rhet. 1 (ii. p. 434, L.C.L.).)

(The praetor Marcus Pomponius laid a proposition before the senate. As the result of a discussion about philosophers and rhetoricians, the senate decreed that Marcus Pomponius, the praetor, should take heed and provide, in whatever way seemed to him in accord with the interests of the State and his oath of office, that they should not remain in Rome.

Then some years [*](92 B.C.) after that decree of the senate Gnaeus Domitius Ahenobarbus and Lucius Licinius Crassus the censors issued the following edict for restraining the Latin rhetoricians: [*](F.I.R., p. 215; Suetonius ii, p. 434 f. L.C.L.)

It has been reported to us that there be men who have introduced a new kind of training, and that our young men frequent their schools; that these men have assumed the title of Latin rhetoricians, and that

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young men spend whole days with them in idleness. Our forefathers determined what they wished their children to learn and what schools they desired them to attend. These innovations in the customs and principles of our forefathers neither please us nor seem proper. Therefore it seems necessary to make our opinion known, both to those who have such schools and to those who are in the habit of attending them, that they are displeasing to us.

And it was not only in those times, which were somewhat rude and not yet refined by Greek training, that philosophers were driven from the city of Rome, but even in the reign of Domitian [*](A.D. 89.) by a decree of the senate they were driven from the city and forbidden Italy. And it was at that time that the philosopher Epictetus also withdrew from Rome to Nicopolis because of that senatorial decree.

A highly memorable passage from a speech of Gracchus, regarding his frugality and continence.

WHEN Gaius Gracchus [*](The celebrated tribune of 123 and 122 B.C. He was famous as an orator; cf. i. 11. 10 ff.) returned from Sardinia, he delivered a speech to an assembly of the people in the following words: [*](O.R.F., p. 231, Meyer2.)

I conducted myself in my province,

as I thought would be to your advantage, not as I believed would contribute to my own ambitions. There was no tavern at my establishment, nor did slaves of conspicuous beauty wait upon me, and at an entertainment of mine your sons were treated with more modesty than at their

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general's tent.

I so conducted myself in my province that no one could truly say that I received a penny, or more than that, [*](One is reminded of the story of the politician who declared that he had never received a penny in bribes, but that it was as well to say nothing about thousand dollar bills.) by way of present, or that anyone was put to expense on my account. I spent two years in my province; if any courtesan entered my house or anyone's slave was bribed on my account, consider me the lowest and basest of mankind. Since I conducted myself so continently towards their slaves, you may judge from that on what terms I lived with your sons.

Accordingly, fellow citizens, when I left for Rome, I brought back empty from the province the purses which I took there full of money. Others have brought home overflowing with money the jars which they took to their province filled with wine.