Dic igitur quid causidicis civilia praestent Qui venit ad dubium grandi cum codice nomen. world, they are an idle set, who care only to 106. Dic igitur quid causidicis] 'Igitur' means if they say this of the historians they cannot say it of the lawyers. How then are they paid for their services (officia)? As to causidici' see S. i. 32, n. 'Libelli' are documents on the case, which the lawyer takes with him in a great bundle into court. Nearly all the MSS. have 'praestant.' The editors have almost all taken the right form, which is 'praestent.' 108. Ipsi magna sonant,] They talk very big of their own accord (ipsi), but still more if the creditor is listening for whom they are acting; or louder still if the client is eager and nudges his 'causidicus,' being afraid of losing his money. 'Dubium nomen' is a doubtful debt. See note on Horace, Epp. ii. 1. 105: "Cautos nominibus rectis." This creditor, who the Scholiast says is an 'argentarius,' a banker, brings his books to prove the debt. Codex' (or 'caudex') is properly something of wood, and was first applied to wooden tablets, but afterwards was used for any written document or book, and particularly to bankers' books. This is in substance the Scholiast's explanation, "Cautionem habens multorum temporum (that is, a debt of long standing, see note on Hor. 1. c.) creditorem argentarium significat qui instantius debitum petit si debitor ei coeperit esse suspectus." The other interpretations that have been given I believe to be wrong. Madvig, whom Mr. Mayor follows, makes the creditor who is listening the lawyer's creditor, but the man who nudges him a 'dives litigator' come to employ him. Heinrich thinks acrior illo' is not clear, and prefers acrior ille.' I think 'ille' is better, but there is no MSS. authority for it. 111. spirant mendacia folles] The bel 110 lows are his cheeks. Compare Persius, v. Ut mavis imitare." (S. i. 4. 19, sqq.) The Scholiast says on 'conspuitur sinus,' "Propter fascinum verborum ter sibi in sinu spuunt et videntur fascinum arcere ut Persius de matertera (S. ii. 31). Vel incipiunt multa sibi promittentes in sinum spuere vel a loquendo multum spuunt." The first of these explanations Madvig adopts, that he spits to avert the bad consequences of his lying, and Mr. Mayor follows him. As far as I know they stand alone. In this sense 'despuere' would be used. Conspuitur' means that he splutters his froth all over the folds of his 'toga.' There is no 'fascinum' or omen or any thing else to avert. 112. Veram deprendere messem] If you want to know the real amount of his harvest, put on one side the fortunes of a hundred lawyers, and on the other that of Lacerna, who was a driver in the Circus, and they may be equal. Servius on Virgil (Georg. iv. 231, "duo tempora messis") quotes this line. The drivers were divided into four parties, called 'factiones,' and distinguished by the colour of their dress; there was the white (alba), red (russata), dark green (prasina), and light green (veneta). See below, S. xi. 198: "eventum viridis quo colligo panni." 'Pone' is not put them in scales,' as Ruperti says. And Ascensius' reading 'verum' is bad, though Ruperti says 'non male' to it. Many of the MSS. writers got puzzled by the words 'russati pone Lacernae,' probably from not knowing that Lacerna was a proper name, which is stated by the Scholiast: "Lacernae nomen aurigae abjecti, ex colore RUSSATUS. LACERNA sub Domitiano auriga fuit." 'Rus satipone' is a common reading, and one Scholium quoted by Jahn says gravely satipone' is the name of a country house. Si libet, hinc centum patrimonia causidicorum, Judice. Rumpe miser tensum jecur, ut tibi lasso 115. Consedere Duces:] What follows is a parody of the contest between Ajax and Ulysses for Achilles' armour in Ovid (Met. xiii. 1, sqq.), beginning "Consedere duces; et vulgi stante corona Surgit ad hos clipei dominus septemplicis Ajax." Ruperti informs us that those who are going to speak rise up, and while they are speaking they stand; but the 'judices' and 'praetor' sit and listen. 116. bubulco Judice.] He means that ignorant rude people were likely to be among the 'judices.' They were chosen from among the senators and 'equites,' both of which orders included during the empire persons of very low birth. The 'causidicus' is supposed to be defending one whose freedom is at stake, who is claimed as a slave. Heinrich thinks 'bu bulco' may be a proper name. It was a cognomen of the Junia gens, and the only two on record who bore it were also called Brutus. If it be a proper name, it can here only be a play upon the word it is derived from. 118. scalarum gloria palmae.] Grangaeus quotes Martial (vii. 28): "Sic fora mirentur, sic te Palatia laudent Excolat et geminas plurima palma fores," with Lucan, Claudian, Ausonius, to show that these lawyers used to hang palm branches over their doors when they gained an important cause. Juvenal means by 'scalarum,' that the man lived upstairs in a 'coenaculum,' a poor man's lodging. See above, S. iii. 166. 199; and Martial, i. 1:8, "scalis habito tribus sed altis." 119. Quod vocis pretium ?] He asks what the man is to get for the use of his lungs; and adds, a small dry flitch of bacon, or a pot of little fish, or some old roots, such as the black slaves got for their rations 115 120 (epimenia), or a few jars, less than half a dozen, of bad wine, and that only after he has given his services four times. Petasunculus' is a small 'petaso,' which Forcellini describes as 66 ea pars suis quae ab is a flitch. Pliny (ix. 15), speaking of the alis incipit et costas comprehendit," which thunny fish, says that in the spring they come from the Mediterranean into the Euxine and there spawn; that the name of the young fish is 'cordyla,' but when they come with the grown fish back to the Mediterranean in the autumn they are called 'pelamides' till they are a year old, following Aristotle (Hist. An. vi. 17) Pliny gets the name from nλóg, mud. The allowance of grain or other food to slaves was served to them sometimes daily and sometimes monthly; in the former case it was called diaria,' and in the latter' menstrua,' or, after the Greek, 'epimenia.' See Horace, Epp. i. 14. 40: "Cum servis urbana diaria rodere mavis." The black slaves of Mauritania have been mentioned before, S. v. 52. The wine of the north, which he means by vinum Tiberi devectum,' was not good. The 'lagena' was the same as the 'testa,' 'cadus,' 'amphora.' 122. Si contigit aureus unus,] If he happens to meet with an unusually liberal client, and gets an 'aureus,' part of that goes to the 'pragmatici' by agreement. An aureus' of this time was of the value of 25 denarii, or 178. 8d., if the value of the denarius be taken at 8d. It is usual to place it at 74d. after the time of Augustus, but the other is perhaps right. (See Dict. Ant. Aurum,' 'Denarius.') In B. c. 204 a plebiscitum was passed, prohibiting any person from taking a fee for pleading a cause. This was called Cincia lex, after M. Cincius Alimentus, who was 'tribunus plebis' that year. This was confirmed by 'senatusconsultum' in the time of Augustus; but was relaxed in that of Clau a Inde cadunt partes ex foedere pragmaticorum.Aemilio dabitur quantum libet, et melius nos Egimus: hujus enim stat currus aeneus, alti Quadrijuges in vestibulis, atque ipse feroci Bellatore sedens curvatum hastile minatur Eminus et statua meditatur proelia lusca. Sic Pedo conturbat, Matho deficit; exitus hic est dius, after which time a man might take 10 sestertia for a fee, which would be nearly 901. (See Dict. Ant. 'Cincia Lex.') 'Pragmatici' were persons who helped the advocates with legal information in court. The name was taken from the Greeks, who employed that sort of practitioner. The Romans did not hold them in much estimation. They were called 'tabelliones' from the tablets they carried. They are spoken of slightingly by Cicero (De Orat. i. 45) and Quintilian (Inst. xii. 3). The passages are quoted by Forcellini. 124. Aemilio dabitur quantum libet,] He says that if the patronus' be a man of family, he will get as high a fee as he pleases. The legal limitation is mentioned in the last note, and if the reading of the text is right, the statement may be taken with a qualification, or he means the law would not be enforced against such a person. The MSS. vary between 'petit,' 'petet,' ' licet,' and 'libet.' The last reading appears in one Paris and a Vatican MS. Heinrich thought it the best word, but in his text petet' appears, which is in most of the old editions. 'Licet' appears in P. and some other MSS. of good character, and is explained by the state of the law about fees. Ruperti and Jahn have 'licet.' I prefer 'libet.' He calls the man Aemilius because the Aemilia was one of the oldest of the patrician families. Et melius' is, and yet we conduct our cases better than he does.' (See S. xiii. 91: “Hic putat esse deos et pejerat.") He puts himself in the place of one of these 'causidici.' 125. stat currus aeneus,] This man had a triumphal chariot in his house, which had been handed down from one of his great ancestors, and an equestrian statue of himself as a stout soldier with a lance in his hand. See S. viii. 3: "stantes in curribus Aemilianos." The commentators quote Martial (ix. 69) to show that successful lawyers had statues given them by their clients: "Tam grave percussis incudibus aera resultant, 125 'Lusca' Such a thing may have happened. seems to mean here no more than blind. It is usually 'one-eyed,' and some explain it as if one of the statue's eyes were shut in the act of taking aim. I do not think a statue was ever seen with one eye shut. As to vestibulum' see i. 132, n. Hastile minatur' is, 'he poises his lance threateningly.' 'Minari' is not used elsewhere exactly in this way. The lance bends as long weapon with a light shaft would. 129. Sic Pedo conturbat,] Such being the case, Pedo and these other causidici,' men of low birth and no means, thought to get fees by pretending to be somebody, and the consequence was they became bankrupt. 'Conturbare' is an elliptical expression, ' rationes' being understood. It implies a fraudulent bankruptcy, a confusing of accounts. (See Forcellini.) Deficere' is to fail, as we say. Pedo is unknown. Matho has been mentioned before (S. i. 32, n.). Martial has an epigram upon one Tongilius (ii. 40), who was a glutton, and ordered bathing for his health; but there is no reason to suppose the same man is meant. 'Rhinocerote' means a horn vessel of oil. Martial has an epigram of two lines on such a vessel, ‘Guttus corneus' (xiv. 52) : "Gestavit modo fronte me juvencus. Verum rhinocerota me putabis." See iii. 263, n.: "pleno componit lintea gutto." This man, to show his consequence, goes to bathe with a crowd of clients, and goes through the forum in his 'lectica' with a long pole, making fine purchases. The bearers are Easterns, as in vi. 351: "Quam quae longorum vehitur cervice Syrorum." See note there and on S. i. 64,"sexta cervice feratur," and S. iii. 240, "ingenti curret super ora Liburno." Slaves from Moesia are spoken of as bearers below (ix. 143), and Lipsius thinks Moesos is the reading here (Quaest. Epp. iv. 25), because the Parthians (or Medes) were not under the power of the Romans. But their name had long been taken for all Easterns. See Hor. C. i. 21, n. As to Murrina, see Causidicum medio cum faber aptat equo." vii. 156, n. Tongilli, magno cum rhinocerote lavari 134. Spondet enim Tyrio] He says the man's purple cloak is bail for him, gets him credit. The meaning of 'stlataria' is very doubtful. 'Stlata' is said to be a small piratical craft, and from that Forcellini explains 'stlataria' as foreign, brought over the sea in ships. The Scholiast says it means 'illecebrosa,' and he quotes from Ennius, "Et melior navis quam quae stlataria portat." Heinrich, in a long note on this Scholium, adopts and supports the Scholiast's explanation. 136. amethystina:] These are other cloaks of violet colour. Martial mentions them (i. 97): “ Amethystinasque mulierum vocat vestes." 'Vendit' means 'gets him his price.' 138. Sed finem impensae] Henrich considers this verse to be spurious. It certainly seems to be out of place. Two hundred sestertii were about a guinea and a half. As to annulus' see i. 28, n. 141. an tibi servi Octo,] These 'servi' are connected with sella,' as 'comites' belong to 'togati.' The clients must know whether the lawyer has a chair behind him when he goes out and humble companions walking before him ('deducentes,' see note on Hor. S. i. 9. 59), and whether his chair is carried by the largest number of bearers, which was eight. So I believe doctors who keep their carriage are counted cleverer than 130 135 140 145 those who do not, and they who drive two horses better than those who drive one. As to 'togati' see S. i. 96; viii. 49: and as to sella' see i. 64, n. He 143. Paullus agebat Sardonyche,] hired a valuable ring to plead in, to get himself the reputation of being rich. And he succeeded, it appears, while the more honest men did not. The names are unknown. P. and some MSS. and old editions have Gallus for Cossus. Jahn has that name. There is a Basilus below, x. 222. Mothers, wives, sisters, and children used to be brought forward as a means of softening the hearts of the 'judices.' (See Cic. Pro Flacco, c. 42, Long's note) The custom was common among the Greeks, and persons so introduced into court were called TapákηTot. Most MSS. have deducere,' but 'producere' is the only right word. P. has it. 148. Gallia vel potius] Juvenal says if he thinks himself eloquent, he had better go to Gaul, or to Africa the nursing mother of lawyers, if he has put a price upon his tongue, that is, if he wants to make money. Juvenal says in another place, "Gallia causidicos docuit facunda Britannos" (xv. 111). The commentators say that the provinces Gallia and Africa (Libya) were prone to litigation. If so it was probably through the introduction of these lawyers 150 Africa, si placuit mercedem imponere linguae. Quis color et quod sit causae genus atque ubi summa 155 Nosse velint omnes, mercedem solvere nemo. that they became so, as the natives of India have become more litigious since the supreme courts were established. Two of the most celebrated orators of the imperial times, Domitius Afer and Julius Africanus, were natives of Gaul. 150. Declamare doces ?] He goes on to speak of those who taught rhetoric, one of the usual elements of a Roman's education, and admires the patience and iron nerves of these teachers in listening to the declamations of their classes. Vettius Valens was celebrated as a physician, as one of the paramours of the Empress Messalina, and the founder of a new school of rhetoricians, according to Pliny (H. N. xxix. 1). This may be the man whose name is taken for the class. The destruction of tyrants and the praises of those who had killed them appear to have been common subjects for declamation. 152. Nam quaecunque sedens] The class read their declamations sitting, and standing up repeat them again from beginning to end. This is the meaning of ' perferet,' as in S. vi. 392: "dictataque verba Pertulit, ut mos est." They learnt to read as well as to declaim, and made a drawling business of both. 'Versus' applies to the lines in prose as well as poetry (see Forcell.). 154. crambe repetita] xoáμẞn is cabbage; and to be helped twice to cabbage, according to a proverb given by the Scholiast, was fatal : δις κράμβη θάνατος. 155. Quis color et quod sit] He says all want to learn the art of rhetoric, but no one wants to pay the teacher. 'Color' means the arguments or oratorical tricks used to give a colouring to a bad case. The word is used above, vi. 280: "Dic aliquem sodes hic, Quintiliane, colorem." 'Causae genus' means the class to which the case belongs. Aristotle (Rhet. i. 3, init.) distinguishes speeches by three forms (idn), according to the quality of the hearers, for, says he, 66 the riλoç (or end) of the speech is the hearer; and the hearer must be either a mere auditor or a judge, and judges sit either in a judicial or a deliberative character. Hence he calls the three kinds of speeches συμβουλευτικόν (deliberative), dikavikóv (forensic), and ¿midtiktikóv (for display). Cicero adopted this distinction and the grounds of it. He says in his dialogue de Partitione Oratoria, c. 3: Quid habes igitur de causa dicere? Auditorum eam genere distingui. Nam aut auscultator est modo qui audit, aut disceptator, id est rei sententiaeque moderator, ita ut aut delectetur aut statuat aliquid. Statuit autem de praeteritis ut judex; aut de futuris ut senatus. Sic tria sunt genera, judicii, deliberationis, exorationis, quae quia in laudationes maxime confertur proprium habet jam ex eo nomen." The third class came to be called by the Romans 'encomiastic' or 'laudatory.' V. Quint. iii. 3: "Partes enim rhetorices esse dicebant laudativam, deliberativam, judicialem; quae si partes sunt, materiae sunt potius quam artis. Itaque quidam genera tria rhetorices dicere maluerunt: optime autem ii quos secutus est Cicero genera causarum." 'Summa quaestio' is the principal question at issue. Sagittae' are the adversary's arguments. The MSS. have 'volunt,' except P., which has 'velunt,' from which the editor of that MS. (Pithoeus) got the true reading 'velint.' |