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Cicero · In Defense of Ligarius §17-21

Refuting the Charge of Crime and the Fate of Civil War

Passage 4 of 7 · Latin

Summary

Cicero criticizes Tubero for calling Ligarius's actions a "crime," arguing instead that it was a fatal calamity of civil war. He points out that Tubero and his family were also aligned with the same cause, highlighting their inconsistency.

§17ac primus aditus et postulatio Tuberonis haec, ut opinor, fuit, velle se de Q. Ligari scelere dicere.
And the first approach and demand of Tubero was, I think, this: that he wished to speak of the crime of Quintus Ligarius.
non dubito quin admiratus sis, vel quod nullo de alio quisquam, vel quod is qui in eadem causa fuisset, vel quidnam novi sceleris adferret.
I do not doubt that you wondered, either because no one had done so about any other person, or because he who had been in the same cause did so, or what new crime he was bringing forward.
scelus tu illud vocas, Tubero? cur? isto enim nomine illa adhuc causa caruit.
Crime, do you call that, Tubero? Why? For up to this time that cause has lacked that name.
Alii errorem appellant, alii timorem; qui durius, spem, cupiditatem, odium, pertinaciam; qui gravissime, temeritatem: scelus praeter te adhuc nemo.
Some call it error, others fear; those who speak more harshly call it hope, desire, hatred, obstinacy; those who speak most severely, rashness: but up to this time no one except you has called it a crime.
ac mihi quidem, si proprium et verum nomen nostri mali quaeritur, fatalis quaedam calamitas incidisse videtur et improvidas hominum mentis occupavisse, ut nemo mirari debeat humana consilia divina necessitate esse superata.
And to me indeed, if the proper and true name of our misfortune is sought, a certain fatal calamity seems to have fallen upon us and to have occupied the improvident minds of men, so that no one ought to wonder that human counsels have been overcome by divine necessity.
§18liceat esse miseros—quamquam hoc victore esse non possumus; sed non loquor de nobis, de illis loquor qui occiderunt—fuerint cupidi, fuerint irati, fuerint pertinaces: sceleris vero crimine, furoris, parricidi liceat Cn. Pompeio mortuo, liceat multis aliis carere.
Let us be allowed to be wretched—although under this victor we cannot be so; but I am not speaking of us, I am speaking of those who have died—let them have been greedy, let them have been angry, let them have been obstinate: but let the dead Gnaeus Pompey, let many others be allowed to be free from the charge of crime, of madness, of parricide.
quando hoc ex te quisquam, Caesar, audivit, aut tua quid aliud arma voluerunt nisi a te contumeliam propulsare? quid egit tuus invictus exercitus nisi uti suum ius tueretur et dignitatem tuam? quid? tu, cum pacem esse cupiebas, idne agebas ut tibi cum sceleratis an ut cum bonis civibus conveniret?
When did anyone, Caesar, hear this from you, or what else did your arms intend except to repel insult from you? What did your invincible army do except to protect its own right and your dignity? What? You, when you desired that there should be peace, were you striving that you should agree with criminals, or rather with good citizens?
§19mihi vero, Caesar, tua in me maxima merita tanta certe non viderentur, si me ut sceleratum a te conservatum putarem.
To me indeed, Caesar, your very great favors toward me would certainly not seem so great if I thought that I had been preserved by you as a criminal.
quo modo autem tu de re publica bene meritus esses, cum tot sceleratos incolumi dignitate esse voluisses? secessionem tu illam existimavisti, Caesar, initio, non bellum, nec hostile odium, sed civile discidium, utrisque cupientibus rem publicam salvam, sed partim consiliis, partim studiis a communi utilitate aberrantibus.
And how would you have deserved well of the republic when you had wished so many criminals to remain with their dignity unimpaired? You, Caesar, at the beginning considered that to be a secession, not a war, nor hostile hatred, but a civil dissension, with both sides wishing the republic to be safe, but deviating from the common utility partly in their plans, partly in their zeal.
principum dignitas erat paene par, non par fortasse eorum qui sequebantur; causa tum dubia, quod erat aliquid in utraque parte quod probari posset; nunc melior ea iudicanda est quam etiam di adiuverunt.
The dignity of the leaders was almost equal, though perhaps that of those who followed was not equal; the cause was then doubtful, because there was something on both sides which could be approved; now that cause must be judged better which even the gods have helped.
cognita vero clementia tua quis non eam victoriam probet in qua occiderit nemo nisi armatus?
And indeed, now that your clemency is known, who would not approve of that victory in which no one fell except when armed?
§20sed, ut omittam communem causam, veniamus ad nostram.
But, to pass over the common cause, let us come to our own.
utrum tandem existimas facilius fuisse, Tubero, Ligario ex Africa exire an vobis in Africam non venire? poteramusne, inquies, cum senatus censuisset? si me consulis, nullo modo; sed tamen Ligarium senatus idem legaverat.
Which, I pray, Tubero, do you think was easier: for Ligarius to depart from Africa, or for you not to come into Africa? "Could we have done otherwise," you will say, "when the senate had so decreed?" If you ask my advice, by no means; but yet the same senate had appointed Ligarius as legate.
atque ille eo tempore paruit cum parere senatui necesse erat; vos tum paruistis cum paruit nemo qui noluit.
And he obeyed at that time when it was necessary to obey the senate; you obeyed at a time when no one obeyed who did not wish to.
reprehendo igitur? minime vero.
Do I then find fault? By no means.
neque enim licuit aliter vestro generi, nomini, familiae, disciplinae.
For indeed it was not permitted to act otherwise to your lineage, name, family, and training.
sed hoc non concedo ut, quibus rebus gloriemini in vobis, easdem in aliis reprehendatis.
But this I do not allow, that you should blame in others those very things on which you pride yourselves.
§21Tuberonis sors coniecta est ex senatus consulto, cum ipse non adesset, morbo etiam impediretur: statuerat excusari.
The lot of Tubero was drawn according to the decree of the senate, when he himself was not present, being also prevented by illness: he had determined to excuse himself.
haec ego novi propter omnis necessitudines quae mihi sunt cum L. Tuberone: domi una eruditi, militiae contubernales, post adfines, in omni vita familiares; magnum etiam vinculum quod isdem studiis semper usi sumus.
I know these things on account of all the ties which I have with Lucius Tubero: educated together at home, comrades in military service, later related by marriage, intimate friends throughout all our lives; also a great bond was that we always pursued the same studies.
scio Tuberonem domi manere voluisse: sed ita quidam agebant, ita rei publicae sanctissimum nomen opponebant ut, etiam si aliter sentiret, virorum tamen ipsorum pondus sustinere non posset.
I know that Tubero wished to remain at home; but certain people so acted, and so opposed him with the most holy name of the republic, that, even if he felt otherwise, he could not bear the weight of those very men.

Notes

  1. 17vel quod nullo de alio quisquam — The first part of a tripartite parallel structure (vel quod..., vel quod..., vel quidnam...) introduced by admiratus sis. In this clause, a verb such as ita egerit ('acted in this way') or accusarit ('accused') is omitted, as suggested by the structure of the following clauses. A similar verb is to be supplied in the second quod clause as well.
  2. 18fuerint cupidi, fuerint irati, fuerint pertinaces — The perfect subjunctives (fuerint) are used as concessive subjunctives, meaning 'granted that they were greedy, granted that they were angry, granted that they were obstinate'.
  3. 20sed hoc non concedo ut — A noun ut-clause functioning as the object of concedo (or in apposition to the demonstrative pronoun hoc). The phrase quibus rebus represents a relative adjective usage where the antecedent rebus is attracted into the relative clause, corresponding to easdem [res] in the main clause.
  4. 21domi una eruditi, militiae contubernales — A juxtaposition of plural nominative nouns and participles (eruditi, contubernales, adfines, familiares) referring to Cicero and Lucius Tubero (subject nos), where the copula (such as sumus) is omitted, forming a series of nominal descriptions.

Cite this passage

Cicero, In Defense of Ligarius §17-21. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi0474.phi033.humanitext-lat2:17-21

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