§3.23.1A. d. v Kal. Decembr. tris epistulas a te accepi, unam datam a.
On the 27th of November, I received three letters from you.
d. viii Kal. Novembris in qua me hortaris ut forti animo mensem Ianuarium exspectem, eaque quae ad spem putas pertinere de Lentuli studio, de Metelli voluntate, de tota Pompei ratione perscribis.
One was dated the 25th of October, in which you encourage me to wait for the month of January with a brave heart, and you write fully on those matters which you think pertain to hope, concerning Lentulus's zeal, Metellus's goodwill, and Pompey's entire policy.
in altera epistula praeter consuetudinem tuam diem non adscribis sed satis significas tempus; lege enim ab octo tribunis pl. promulgata scribis te eas litteras eo ipso die dedisse, id est a. d. iiii Kal. Novembris, et quid putes utilitatis eam promulgationem attulisse perscribis.
In the second letter, contrary to your usual habit, you do not add the date, but you sufficiently indicate the time; for you write that you sent that letter on the very day the law was proposed by the eight tribunes of the plebs, that is, on the 29th of October, and you write fully what benefit you think that proposal has brought.
in quo si iam nostra salus cum hac lege desperata erit, velim pro tuo in me amore hanc inanem meam diligentiam miserabilem potius quam ineptam putes, sin est aliquid spei, des operam ut maiore diligentia posthac a nostris magistratibus defendamur.
In regard to this, if our safety is already despaired of along with this law, I would wish, out of your love for me, that you consider this useless diligence of mine pitiable rather than foolish; but if there is any hope, take care that we are defended hereafter by our magistrates with greater diligence.
§3.23.2nam ea veterum tribunorum pl. rogatio tria capita habuit; unum de reditu meo scriptum incaute; nihil enim restituitur praeter civitatem et ordinem, quod mihi pro meo casu satis est; sed quae cavenda fuerint et quo modo te non fugit.
For that proposal of the old tribunes of the plebs had three clauses; one, concerning my return, written incautiously; for nothing is restored except my citizenship and rank, which indeed is enough for me in my misfortune; but what ought to have been guarded against, and in what way, does not escape you.
alterum caput est tralaticium de impunitate, si quid contra alias leges eius legis ergo factum sit.
The second clause is the customary one about impunity, if anything should be done against other laws for the sake of that law.
tertium caput, mi Pomponi, quo consilio et a quo sit inculcatum vide.
Look, my Pomponius, at the third clause—with what design and by whom it was inserted.
scis enim Clodium sanxisse ut vix aut ut omnino non posset nec per senatum nec per populum infirmari sua lex.
For you know that Clodius ordained that his law could scarcely, or rather not at all, be invalidated either by the senate or by the people.
sed vides numquam esse observatas sanctiones earum legum; quae abrogarentur. nam si id esset, nulla fere abrogari posset; neque enim ulla est quae non ipsa se saepiat difficultate abrogationis.
But you see that the sanctions of those laws which were to be repealed have never been observed; for if that were so, almost no law could be repealed, since there is none which does not fence itself in with the difficulty of repeal.
sed cum lex abrogatur, illud ipsum abrogatur quo modo eam abrogari oporteat.
But when a law is repealed, that very clause is repealed by which it is prescribed how it ought to be repealed.
§3.23.3hoc quom et re vera ita sit et quom semper ita habitum observatumque sit, octo nostri tribuni pl. caput posuerunt hoc: si quid in hac rogatione scriptum est quod per leges plebisve scita, hoc est quod per legem Clodiam, promulgare, abrogare, derogare, obrogare sine fraude sua non liceat, non licuerit, quodve ei, qui promulgavit, abrogavit, derogavit, obrogavit, ob eam rem poenae multaeve sit, E. H. L. N. R. §3.23.4atque hoc in illis tribunis pl. non laedebat; lege enim collegi sui non tenebantur.
Although this is indeed the case in fact and has always been so held and observed, our eight tribunes of the plebs inserted this clause: "If there is anything written in this proposal which by the laws or plebiscites—that is, by the Clodian law—it is not permitted, or was not permitted, to propose, repeal, partially repeal, or restrict without indemnity to oneself, or if for him who has proposed, repealed, partially repealed, or restricted, there is a penalty or fine on that account, nothing is proposed in this law concerning it." And this did not hurt those tribunes; for they were not bound by the law of their colleague.
quo maior est suspicio malitiae aliquoius, cum id quod ad ipsos nihil pertinebat erat autem contra me scripserunt, ut novi tribuni pl. si essent timidiores multo magis sibi eo capite utendum putarent.
Wherefore the suspicion of someone's malice is all the greater, since they wrote what in no way pertained to themselves, but was against me, so that the new tribunes of the plebs, if they should be more timid, would think they ought to use that clause much more.
neque id a Clodio praetermissum est; dixit enim in contione a. d. III Nonas Novembris hoc capite designatis tribunis pl. praescriptum esse quid liceret.
Nor was this overlooked by Clodius; for he said in a public meeting on the 3rd of November that by this clause it was prescribed to the tribunes-elect what was permitted.
tamen in lege nulla esse eius modi caput te non fallit, quod si opus esset, omnes in abrogando uterentur.
Yet that there is no clause of this kind in any law does not escape you; which, if it were necessary, all would use in repealing.
ut Ninnium aut ceteros fugerit investiges velim et quis attulerit et qua re octo tribuni pl. ad senatum de me referre non dubitarint, sive sive quod observandum illud caput non putabant, eidem in abrogando tam cauti fuerint ut id metuerent soluti cum essent, quod ne iis quidem qui lege tenentur est curandum.
I would wish you to investigate how it escaped Ninnius or the others, and who brought it, and why the eight tribunes of the plebs did not hesitate to refer my case to the senate, whether [lacuna] or because they did not think that clause ought to be observed, yet were so cautious in repealing that they feared, though they were free from it, what not even those who are bound by the law need care about.
id caput sane nolim novos tribunos pl. ferre; sed perferant modo quidlibet; uno capite quo revocabor, modo res conficiatur, ero contentus.
I would certainly not wish the new tribunes of the plebs to propose that clause; but let them carry through whatever they please; if only the matter is accomplished, I shall be content with the single clause by which I shall be recalled.
iam dudum pudet tam multa scribere; vereor enim ne re iam desperata legas, ut haec mea diligentia miserabilis tibi, aliis inridenda videatur.
For a long time now I have been ashamed to write so much; for I fear lest you may read this when the matter is already despaired of, so that this diligence of mine may seem pitiable to you and ridiculous to others.
sed si est aliquid in spe, vide legem quam T. Fadio scripsit Visellius.
But if there is any ground for hope, look at the law which Visellius wrote for T. Fadius.
ea mihi perplacet; nam Sesti nostri quam tu tibi probari scribis mihi non placet.
It pleases me very much; for that of our Sestius, which you write is approved by you, does not please me.
§3.23.5tertia est epistula pridie Idus Novembr. data, in qua exponis prudenter et diligenter quae sint quae rem distinere videantur, de Crasso, de Pompeio, de ceteris.
The third letter was dated the 12th of November, in which you explain wisely and diligently what those things are which seem to delay the matter, concerning Crassus, Pompey, and the rest.
qua re oro te ut, si qua spes erit posse studiis bonorum, auctoritate, multitudine comparata rem confici, des operam ut uno impetu perfringantur, in eam rem incumbas ceterosque excites.
Wherefore I entreat you, if there is any hope that the matter can be accomplished by the zeal of good men, by authority, and by a gathered multitude, take care that they are broken through by one assault, apply yourself to that matter, and arouse the others.
sin, ut ego perspicio cum tua coniectura tum etiam mea, spei nihil est, oro obtestorque te ut Quintum fratrem ames quem ego miserum misere perdidi neve quid eum patiare gravius consulere de se quam expediat sororis tuae filio, meum Ciceronem quoi nihil misello relinquo praeter invidiam et ignominiam nominis mei tueare quoad poteris, Terentiam, unam omnium aerumnosissimam, sustentes tuis officiis.
But if, as I perceive both from your conjecture and also from my own, there is no hope, I pray and beseech you to love my brother Quintus, whom I have miserably brought to ruin, and not to allow him to take any harder resolution concerning himself than is expedient for your sister's son, and to protect my little Cicero, to whom, poor child, I leave nothing but the unpopularity and disgrace of my name, as far as you can, and to support Terentia, the most wretched of all women, by your kind offices.
ego in Epirum proficiscar quom primorum dierum nuntios excepero.
I shall set out for Epirus when I have received the news of the first few days.
tu ad me velim proximis litteris ut se initia dederint perscribas.
I would wish you to write to me in your next letter how the beginnings have turned out.
data pridie Kal. Decembr.
Given on the 30th of November.