§1novum crimen, C. Caesar, et ante hunc diem non auditum propinquus meus ad te Q. Tubero detulit, Q. Ligarium in Africa fuisse, idque C. Pansa, praestanti vir ingenio, fretus fortasse familiaritate ea quae est ei tecum ausus est confiteri.
A new charge, Gaius Caesar, and one unheard of before this day, my relative Quintus Tubero has brought before you, namely, that Quintus Ligarius was in Africa; and Gaius Pansa, a man of outstanding talent, relying perhaps on that intimacy which he has with you, has dared to confess this.
itaque quo me vertam nescio.
And so, I know not where to turn.
paratus enim veneram, cum tu id neque per te scires neque audire aliunde potuisses, ut ignoratione tua ad hominis miseri salutem abuterer.
For I had come prepared, since you could neither have known this of yourself nor have heard it from elsewhere, to take advantage of your ignorance for the safety of an unhappy man.
sed quoniam diligentia inimici investigatum est quod latebat, confitendum est, opinor, praesertim cum meus necessarius Pansa fecerit ut id integrum iam non esset, omissaque controversia omnis oratio ad misericordiam tuam conferenda est, qua plurimi sunt conservati, cum a te non liberationem culpae, sed errati veniam impetravissent.
But since, by the diligence of an enemy, what was hidden has been brought to light, we must, I think, confess it, especially since my close friend Pansa has made it so that the matter is no longer untouched; and, all controversy being abandoned, our entire speech must be directed to your mercy, by which very many have been preserved, when they had obtained from you not a release from guilt, but a pardon for their error.
§2habes igitur, Tubero, quod est accusatori maxime optandum, confitentem reum, sed tamen hoc confitentem, se in ea parte fuisse qua te, qua virum omni laude dignum, patrem tuum.
You have, therefore, Tubero, what is most to be desired by an accuser, a defendant who confesses; but yet one who confesses this: that he was on the same side as you, and as your father, a man worthy of all praise.
itaque prius de vestro delicto confiteamini necesse est quam Ligari ullam culpam reprehendatis.
Therefore, it is necessary that you confess your own fault before you censure any blame in Ligarius.
Q. enim Ligarius, cum esset nulla belli suspicio, legatus in Africam C. Considio profectus est, qua in legatione et civibus et sociis ita se probavit ut decedens Considius provincia satis facere hominibus non posset, si quemquam alium provinciae praefecisset.
For Quintus Ligarius, when there was no suspicion of war, set out as a legate to Africa with Gaius Considius; in which legation he so approved himself both to the citizens and to the allies that Considius, when departing from the province, could not satisfy the people if he had put any other person in charge of the province.
itaque Ligarius, cum diu recusans nihil profecisset, provinciam accepit invitus; cui sic praefuit in pace ut et civibus et sociis gratissima esset eius integritas et fides.
Therefore, Ligarius, having gained nothing by refusing for a long time, accepted the province against his will; which he governed in peace in such a manner that his integrity and good faith were most acceptable both to the citizens and to the allies.
§3bellum subito exarsit, quod qui erant in Africa ante audierunt geri quam parari.
A war suddenly blazed forth, which those who were in Africa heard was being waged before they heard it was being prepared.
quo audito partim cupiditate inconsiderata, partim caeco quodam timore primo salutis, post etiam studi sui quaerebant aliquem ducem, cum Ligarius domum spectans, ad suos redire cupiens, nullo se implicari negotio passus est.
Upon hearing this, partly from inconsiderate desire, partly from a certain blind fear first for their safety, and afterwards also from their own partisan zeal, they sought some leader; while Ligarius, looking toward home and desiring to return to his own people, did not allow himself to be involved in any business.
interim P. Attius Varus, qui tum praetor Africam obtinuerat, Vticam venit.
In the meantime, Publius Attius Varus, who as praetor had then obtained Africa, came to Utica.
ad eum statim concursum est.
Immediately there was a rush to him.
atque ille non mediocri cupiditate adripuit imperium, si illud imperium esse potuit quod ad privatum clamore multitudinis imperitae, nullo publico consilio deferebatur.
And he seized the command with no ordinary desire, if indeed that could be called command which was conferred upon a private citizen by the clamor of an ignorant multitude, without any public deliberation.
§4itaque Ligarius, qui omne tale negotium fugeret, paulum adventu Vari conquievit.
Therefore, Ligarius, who fled from all such business, remained quiet for a little while upon the arrival of Varus.
adhuc, C. Caesar, Q. Ligarius omni culpa vacat.
Up to this point, Gaius Caesar, Quintus Ligarius is free from all blame.
domo est egressus non modo nullum ad bellum sed ne ad minimam quidem suspicionem belli; legatus in pace profectus in provincia pacatissima ita se gessit ut ei pacem esse expediret.
He left home not only for no war, but not even for the slightest suspicion of war; having set out as a legate in time of peace, he behaved himself in a most peaceful province in such a way that it was to his interest that there should be peace.
profectio certe animum tuum non debet offendere: num igitur remansio? multo minus.
His departure certainly ought not to offend your mind; is it then his remaining? Much less.
nam profectio voluntatem habuit non turpem, remansio necessitatem etiam honestam.
For his departure had a purpose that was not disgraceful, and his remaining had a necessity that was even honorable.
ergo haec duo tempora carent crimine: unum cum est legatus profectus, alterum cum efflagitatus a provincia praepositus Africae est.
Therefore, these two periods are free from blame: one when he set out as a legate, the other when, having been earnestly requested by the province, he was placed in charge of Africa.
§5tertium tempus quod post adventum Vari in Africa restitit, si est criminosum, necessitatis crimen est, non voluntatis.
The third period, in which he remained in Africa after the arrival of Varus, if it is blameworthy, is a crime of necessity, not of will.
an ille, si potuisset illinc ullo modo evadere, Vticae quam Romae, cum P. Attio quam cum concordissimis fratribus, cum alienis esse quam cum suis maluisset? cum ipsa legatio plena desideri ac sollicitudinis fuisset propter incredibilem quendam fratrum amorem, hic aequo animo esse potuit belli discidio distractus a fratribus?
Would he, if he could have escaped from there by any means, have preferred to be at Utica rather than at Rome, with Publius Attius rather than with his most harmonious brothers, with strangers rather than with his own family? When his very legation itself had been full of longing and anxiety because of a certain incredible love for his brothers, could he have been of easy mind here, torn from his brothers by the division of war?