Cicero against Catiline, in IV invective orations containing the whole manner of discovering that notorious conspiracy / done into English by Christopher Wase.

The Fourth ORATION Against CATILINE. (Book 4)

The Argument.

The Conspiracy being thus fully disco∣ver'd, a Senate is call'd on the VI. of December, with Order that a Reward be bestow'd on the Ambassa∣dors of the Allobroges and Titus Vulturcius, for giving Information of the Plot, and in the Night to avoid a Tumult of the People, the Prisoners were convey'd into the Common Gaol; but L••ntulus by divers of his Liber∣ti and Clients, spread into several Quarters, assay'd to hire Workmen and Shop-keepers to rise and rescue him.

So Cethegus animated his Fencers and stout men that were in his Crew, to make their way in to him with their Weapons. Vpon notice of which Tul∣ly calls the Senate again on the VII. and puts it to the Question what the House please should be done with the Prison••r••? Where finding them divi∣ded, and some out of tenderness to him, inclinable to a less severe Cen∣sure, he perswadeth them to be unani∣mous, and before Night pass their Sen∣tence with diligence and courage.

1. I See, my Lords, all your faces and eyes turned to∣wards me, I see you solicitous, not onely for your own and the Com∣monwealths danger, but, (al∣though that be prevented) for mine also. Your affection to me in this perplexity, I take kindly, and thankfully, amidst my grief•• but I beseech you, for the Immor∣tal Gods sake, lay that aside, and forgetting my safety, think upon

your selves and your own Chil∣dren. For my part, if this have been made the Condition of my Consulship, that I must undergo all extremities, all pains and tor∣ments, I shall endure them, not onely couragiously, but even con∣tentedly, so that by my pangs, deliverance and honour may be brought forth to you and the Ro∣man People.

2. I am that Consul, my Lords, who have never found the Plead∣ing Hall, wherein all Equity is preserved, nor the Camp conse∣crated to the Election of Consuls: nor the Senate, the supream relief of all Nations, nor my own House, the Common Refuge; nor Bed, ordained for repose; nor lastly, this Seat of Honour, the Ivory Chair, free from the danger of my Life and Plots. I have concealed much, endured much, yielded

much, have with some regret of my own in your fears, healed much. Now if the Immortal Gods are pleased to have this the issue of my Consulship, that I should rescue you, my Lords, and the Roman People from a misera∣ble Massacre, your Wives and Chil••ren and the Vestal Virgins, from most violent haling; their Temples and Oratories, and this the most noble Countrey of every one of us, from a most execrable flame; all Italy from war and de∣solation; whatever fortune shall be proposed to my single person, let it fall. For if P. Lentulus, se∣duced by Fortune-tellers, has thought his Name should be fatal to the destruction of the State; why should not I r••joyce, that my Consulship has been almost fatal to the preservation of the Com∣mon-wealth.

3. Wherefore, my Lords, look to your own interest, pro∣vide for your Countrey, pr••serve your Wives, Children, and E∣states; defend the Name and safety of the Roman People; for∣bear your tenderness for me, and to be anxious on my behalf. For first, I have grounds to hope, that all the Gods, that are Tutela•• to the City, will render unto me ac∣cording to my desert. Then, if a∣ny thing should fall out amiss, I shall be contented and ready to die: For Death can never come dishonourable to a Valiant Per∣son, nor untimely to him that is Consular, nor unfortunate to a Wise man. Neither yet am I so obdurate as not to be moved with the affliction of my most dear and loving (a) 1.1 Brother here present, and with the tears of all these you see me surrounded with. Nor,

but that (b) 1.2 my Wife dismay'd, my c 1.3 Daughter distracted with fear, and the little Babe (d) 1.4 my Son, whom the Common-wealth seems to hug as the Hostage of my Consulship, do often call my thoughts home; nor am I un∣concerned for my (e) 1.5 Son in Law•• who stands here in my sight, wait∣ing for the issue of this day. I am moved at all these things, but to that side, that they may be all preserved with you; although a∣ny violence should overwhelm me, rather than that they and we should be involved in the univers••l ruin of the State.

4. Wherefore (my Lords) ap∣ply your selves to the preservation of the Common-wealth, look

well about for the Storms, that hang over you, unless you pro∣vide against them. It is not a Tib. Gracchus, that would the second time be made Tribune of the Commons, not G. Gracchus, that endeavoured to stir up men to the Claims of Publick Lands; not ••. Saturninus, that slew C. Memmius is called in question, and brought to the Tryal of your Se∣verity: But those are in hold, who tarried at Rome for the burning of the City, the massac••ing of all of you, and letting in of Catiline. Their Letters, Seals, Hands, are produced, in a word, every ones Confession; the Allobroges are practised, Slaves raised, Catiline invited: such a Plot was laid, that all should be cut off, and none left, no not so much as to deplore the Name of the People of Rome, and lament the Calamity of so great an Empire.

5. All this Informers have de∣clared, the Criminals have con∣fessed, your selves have by many Verdicts already prejudged: first, in that yee gave me thanks in singu∣lar terms, and did declare that by my vertue and diligence the Con∣spiracy of desperate men was disco∣vered. Then in that ye obliged P. Lentulus to lay down the Praetorship. Then that you voted both him and the others, on whom you pass'd Sen∣tence to be committed; and especi∣ally in that you ordered a Thanksgi∣ving in my behalf; which honour has not been given to any in the Long Robe before me. Lastly, In ••hat yesterday, you gave most large Rewards to the Ambassadors of the Allobroges and Titus Vultur∣cius. All which things are of that nature, that those who have been put in prison by name, may, without any Controversie ap∣pear

to have been condemn'd by you.

6. But I have resolved to move the Question anew to you, both concerning the fact, what you judge of it, and concerning the punishment, what you resolve up∣on? yet I will onely premise what belongs to my place as Consul. I long since saw a great malignan∣cy working in the State, and cer∣tain new mischiefs brewing and stirring: but that, so great, so deadly a Conspiracy as this was made by Citizen••, I never dreamt. Now whatever it be to which your minds and resolutions bend, you must determine it before night. How great a Treason has been discovered, you see. If you think but few to be accessary to it, you are greatly mistaken. The mischief is spread farther than you imagine. It is diffused not

onely over all Italy, but has past beyond the Alps, and creeping se∣cretly, has already seized many Provinces. It can by no means be crushed by forbearing and delay∣ing; whatever way you think ••it, it must suddenly be punished.

7. I see as yet but two Votes, the one of D. Silanus, who resolves, that, They which endeavoured to destroy these things, should be punished with death. The other o•• C. Caesar, (a) 1.6 who ex∣cludes

the penalties of death, but takes in all Extremities of other pu∣nishments. The one and the o∣ther both according to his dignity and the Atrocity of the Fact deals with the highest severity. The one judges, That, They who en∣deavoured to deprive us all, and the Roman People of life, to ra••e the Empire, to extinguish the name of the Roman P••ople, ought not one moment to enjoy li••e and this air we breath in•• And quotes Presidents that this sort of punishment has been often used against seditious Citi∣zens in this State. The other is

of this judgement, That, Death was never appointed by the Immor∣tal Gods for a punishment, but either a natural necessity or rest from la∣bours and miseries; therefore that Wisemen n••ver unwillingly and Va∣liant Men have often cheerfully em∣braced death: but that Bonds, and those everlasting, have in truth been invented for the singular punishmen•• of unnatural wickedness. Hereupon he orders, that, They should be im∣prisoned in the several Burroughs. This thing, if you command it, seems to carry oppression with it; difficulty, if you require it; yet let it pass, if it be your will and pleasure. For I shall promise, and I hope prove the man that does not th••nk it suitable to his Office, to dispute that which you shall determine for the publick good.

〈…〉〈…〉 in Hell, because it seems they were of judgement, That if those were

removed, death it self were not to be dreaded.

9. Now, my Lords, I see, what it makes for my interest, if you shall follow Caesar's Vote; seeing he has stood that cou••se which is coun••ed popular in the State, perchance I shall have less reason to dread the insults of the People; he being the Author and Perswader of this Resolution. If you shall choose the other, I do not know, whether I shall have any further trouble at all. But yet let the advantage of the State prevail over the Considerations of my private dangers. For we have from C. Caesar as his own dignity and the honour of his Ancestors required, this his Vote as an Ho∣stage of his perpetual good affe∣ction to the State. It is to be discerned; what difference there is, between the vanity of Dema∣gogues

and a mind truly popular, seeking the safety of the People.

10. I see some body of those that would be counted popular, absent, that they may not pass S••n∣tence on Roman Citizens in good time. The same person both the other day committed Cethegus and P. Lentulus Roman Citizens, to prison, and voted a Thanksgiving for me, and yesterday highly re∣warded the Informers. Now, none can question what he, who has voted imprisonment to the Malefactor, thanks to the Judge, reward to the Informer, judges concerning the whole case and bu∣siness. But now C. Caesar con∣ceives, The Sempronian Act was made concerning Roman Citizens, whereas he, that is an Enemy to the State, can by no means be a Citizen. In a word, that•• The very Maker of the Sempronian Act, by Order

of the People was executed for his Treason. He too, does not think, that, Lentulus the Prodigal, an•• the great Corrupter of the People•• ha∣ving so bitterly and cruelly plotte•• th•• subversion of the State•• an•• the destruction of the City, can be called popular. Therefore like •• soft and good natured man, h•• sticks not to commit P. Lentulus to everlasting Chains and darkness•• and enacts for the future, That no one, may vaunt himself in the re∣lease ••f his punishment, and com•• to be popular to the ruin of the State•• He further adds, The Confisc••tion of their Goods, that the want a•••• begg••ry of the body may follow 〈◊〉〈◊〉 the torments of the Soul.

11. Wherefore, whether you shall conclude upon this, you will furnish ••e with a Companion to the Assembly, that is beloved and ••aking with the Roman Peo∣ple,

or, if you shall follow that other Vote of Silanus, you will easily justifie me and your selves from any aspersion of Cruelty, and I shall have it granted that that was far the gentler Cause. Al∣though, my Lords, what Cruel∣ty can there be in punishing the In∣humanity of so great Treason. Now I judge as I am sensible of the nature of the fact; for so may you and I long enjoy the quiet of the State, as my earnestness in this case does not proceed from any bitterness of spirit: (for who can be milder than I?) but from a king of singular tenderness and compas∣sion•• For me thinks I see this City, the light of the whole world, and the Cittadel of all Nations of a sudden sinking in one Con••••agration: I see in my mind my Countrey buried, heaps of Citizens, miserable and unburied,

the Look of Cethegus, and his rage swaggering in your slaughte•• passes before my eyes.

12. But when I consider Len∣tulus, upon the Throne, as himsel•• confessed, that he expected by Prophesies, this Gabinius his Cou••tier clad in Purple, Catilin•• come with his Army; then •• dread the shrieks of honest Wo∣men, and the ••light of Virgins and Boys, and the haling of Ve∣stal Priestesses; now because these things seem to me miserable an•• pitiful in the Excess; therefore I shew my self severe and earnes•• against those, who designed to accomplish them. For I put the case, if any Master of a Family having had his Children dashed i•• pieces by his Servant, his Wife kil∣led, and his House burnt should no•• in••lict a most sore punishment upon the Slave, were he to be thought

gentle and merciful•• or a most in∣humane and cruel creature? In truth I should think him hard-hearted and senseless that should not ease his own grief and torment with the grief and torment of the Malefacto•••• So we towards those men, which would murder us, ou•• Wives, and our Children, who endeavoured to raze the particular House of every one of us, and this General Seat of the E••pir••, who attempted to place the Nation of the Allobroges in the ruins of this City, and in the ashes of the Con∣sumed Empire. If we shall be most eager, we shall be accounted mer∣ciful•• if we shall be slack, we must undergo the infamy of the greatest Cruel••y•• in the destructi∣on of our Countrey and Coun∣treymen.

13. Unless perchance, (f) 1.7 L. Caesar, a most valiant and well-af∣fected Patriot might be thought the other day by any one some∣what cruel; when ••e said his Bro∣ther in Law, the Husband of his own (g) 1.8 Sister, a most vertuous Lady, when he was there presen•• and in hearing, must be put to death; when he further said, that, His Grandfather was slain by the Order of the Consul, and his young So•• Ambassador from the Father, exe∣cuted in the Prison; whose action how far short came it of this? What Plot was there laid to con∣found the Common••wealth? (h) 1.9 A corrupt humor of pro••useness

was then stirring in the State, and a kind of stickling for parties. Now at that time the Grandfather of this Lentulus, an honourable person, in Arms pursued Gracchus, and then received in his Body a sore hurt, that the Majesty of the State might in no point receive a∣batement. This here present to subvert the foundations of the State, called in the Gauls, raised the Slaves, invited Catiline, al∣lotted us to be assassinated by Ce∣thegus, the other Citizens to be murdered by Gabinius, the City to be set a fire by Cassius, all Italy to be laid wast and plundered by Ca∣tiline.

You may be timorous, I warrant you, lest in so barbarous and unnatu••al a Treason you may be thought to have passed too se∣vere a Sentence, when ye ought much rather to dread least by re∣missness of punishment you should be rather judged cruel to your Countrey, than by severity of Ex∣ecution, too vigorous towards its most bitter Enemies.

14. But, my Lords, I cannot conceal, what I hear boldly spo∣ken; for words are given out, which are come to my ears, of some as would seem to fear my ha∣ving strength enough to put in exe∣cution what you shall this day enact. All things are provided, ready, and concluded upon, my Lords, both by my great care and dili∣gence, as also by the far greater forwardness of the Roman People to retain their Empire, and pre∣serve

their common ••••rt••nes: All men of all ranks, nay of all ages are here: The Market-Place is full; all the Avenues of this House and Temple are full: For since the foundation of the City, this is the onely case has arrived, wherein all persons are of one and the same mind, excepting those who seeing themselves must perish, choose ra∣ther to pull down all than to fall alone.

15. These men I am willing to exclude and separate; for neither do I reckon them in the number of bad Citizens, but of most despe∣rate Enemies. But the rest now (Immortal Gods!) with what concourse, with what earnestness, with what courage, do they con∣spire to the common honour and safety? (i) 1.10 What do I mention

here the Roman Knights, that so render to you in supremacy of Or∣der and Counsel, as that in good affections to their Countrey, they contend with you; whom after many years dissention this day and this Cause joyns to us, having re∣duced them to an agreement and unity with our Order, which Con∣junction consummated in my Con∣sulship, if we shall hold steadily in the Common-wealth I assure you, no civil and home-bred mis∣chief shall hereafter accrue to any part of the State. I see the Com∣missioners of the Treasury, most courageous persons; and also all the Clerks have flocked hither with the like affection to defend the State, whom this day having casually drawn to the Treasury, I see to be turned from attendance upon their Lot to the Common Safety. All the multitude of

Freemen assists, even of the meanest.

16. For who is there, to whom these Temples•• the very face of the City, possession of Liberty, in a word, this very light, and this common ground of his Coun∣trey, is not both dear and also sweet and delightful? It is worth the while, my Lords, to observe the Factions of the Freedmen, who having by their industry purcha∣sed the fort••ne of the City, judge this in truth to be their own Coun∣trey. Whereas (k) 1.11 some bo•••• here, and born in the highest rank, have not judged it their Count••ey, but an Enemi••s City. But why do I mention men of this rank, whom their private fortunes, whom the Common State, whom, lastly, that liberty, which is most sweet, has raised to defend the safety of their Countrey? There is no

Slave, that is but in a tolerable condition of service, but dreads, but desires to withstand the auda∣ciousness of desperate Citizens, but contributes as much as he dares, and as much as he can, to the com∣mon endeavour after safety.

17. Wherefore, if what hath been said, do chance to weigh with any of you, that a certain Pimp of Lentulus's, bustles about the Shops, hoping that the minds of indigent and simple men may be wrought upon with mo∣ney; such a thing indeed was set on foot, and attempted; but there were none found so much ei∣ther in fortune miserable, or in Principles debauched, but desired that very (l) 1.12 place of his Stall and work and daily earnings, (m) 1.13 but his bare lodging and bed; (n) 1.14 nay, but the very idle course of their life, to be in safety: yea far the

greatest part of Shop-keepers, or in truth (for it should rather be so said) that whole Rank is very fond of peace; for all their Tools, all their day-labour and gain is sup∣ported by the populousness of the Towns, and cherished by peace; whose gain, if it be impaired at the Shutting up of their Shops, what would become of it, at the burning of them?

18. Which things being so, my Lords, you do not want the Guards of the Roman People, look to it, that ye be not thought wanting to the People of Rome. You have a Consul reserved from many dangers and plots, and from the midst of death; not for his own life, but for your safety: All ••anks do conspire in mind, affe∣ction, endeavour, courage and voice, to preserve the State: The common Countrey, beset

with Fire-brands, and the Wea∣pons of the unnatural Conspiracy, humbly holds forth her hand to you: To you comments her self, to you the life of all her Citizens, to you the Tower and Capitol, to you the Altars of the Houshold Gods, to you the continual and everlasting Fire of (o) 1.15 Vesta; to you all the Tem∣ples and Oratories of the Gods; to you the Battlements and Houses of the City. Besides, this day you must pass judgment upon your own Lives, the Breath of your Wives and Children, the For∣tunes of all, your Houses and Healths.

11. You have a Lead••r, re∣garding you, forgetting himself, an opportunity not alwayes given. You have all Ranks, all Men, ••ll the Roman People, which in a Civil Case we now first behold in one and the same mind. Consi∣der,

how one Night has almost confounded an Empire, founded with what Labours? A liberty e∣stablished upon what Valour? Fortunes improved and raised, by what bounty of the Gods? That such a thing may never herea••ter be not onely effected, but contri∣ved; you must this day provide. Nor have I spoken all this to press you, who in your affections do almost out-run me: but that my voice, which ought to be leading in the Government, may appear to have discharged the du∣ty of a Consul.

20. Now before I come home to my Vote, I'll premise a word concerning my sel••. I see that I have drawn upon my self so great a multitude of Enemies as is the Party of the Conspirators, which you perceive to be very great; but I judge to be base and weak, con∣temptible

and lost. But if in any time to come that Party, headed by the fury and treachery of any person, shall come to be more prevalent than your Honour and that of the State; yet I shall never repent, my Lords, of my Actions and Counsels: For Death, with which perchance they menace m••, is appointed for all; but so great a praise of life, as you by your Acts have honoured me with, no one has attained to: For, ye have vo∣ted to all others alwayes Thanks for having well-served; but to me alone, for having preserv'd the State.

21. Let that Scipio be renown∣ed, by whose Conduct and Va∣lour Hannibal was obliged to face about into Africa and quit Italy•• Let the other Africanus be adorn∣ed with excellent praise, who ra∣zed two Cities most incensed a∣gainst

this Empire, Carthage and Numantia: Let Lu. Pa••lu•• be ac∣counted an extraordinary person, whose Chariot, the once most pu∣iss••nt and noble King Perses ho∣noured: Let M••rius be in eternal renown, who freed Italy ••rom Siege and the fear of Bondage: Let Pompey be advanced beyond them all, whose actions and gal∣lantries are contained in ••he ••ame Coun••r••ys and Bounds, as the course of the Sun. There will be in truth amidst the praises of these persons, some room for our Glory; unless perchance it (p) 1.16 be more to open us Provinces, whi∣ther we may escape; than to look that they that are absent, may have a place, whi••her they may return victorious.

22. Although in one point the Condition of a Foreign Victory is better than that o•• a Domestical one; because Ou••landish Enemies either are subdued and brought into bondage, or reconciled, and judge themselves obliged by that favour. But they which from the Rank of Citizens, depraved by some false Principle, are on••e turned Enemies to their Coun∣••rey, when you have put ••hem by their mischievous intentions, you can neither by Force restrain, nor by any kindness reconcile: Where∣fore I see I have entred into an im∣plac••ble quarrel with revol••ed Ci∣tizens, which yet I have good con∣fidence may be by your and all honest mens assistance, and tho∣row the memory of those grea•• dangers, which shall alwayes stick not onely in this people, which has been preserved, but also in

the discourses and minds of all Na∣tions, fairly beaten off from me and mine. Nor indeed shall there ever be found any so great power which can infringe and shake the Union that is between you and the Roman Knights, and such an harmony of all ••he well-affected.

23. Which things being so, my Lords, instead of a Generalship of an Army, of a Government, which I have neglected; Instead of a Triumph and other Badges of Pra••se, which have been slighted by me, in rega••d of the Cities and your preservation: Instead of Cli∣ents and Provincial Friendships, which yet with my Estate in Town, I do with no less labour support than purchase: Instead therefore of all these things, and in reward of my singular affections towards you, and for this diligence, which ye behold in preserving the State,

I require nothing more of you, but the remembrance of this time and my whole Consulship, which, while it shall continue fixed in your minds, I shall judge my self incircled with a most impenetrable wall. But if the (p) 1.17 violence of of the ill-affected, shall deceive and over-match my expectation, I commend to you my little (q) 1.18 Son, who assuredly shall have guard e∣nough, not onely for preservati∣on, but also for honour, if ye shall remember, that he is his Son, who has alone at his own peril pre∣served the whole State.

24. Wherefore, My Lords, Resolve cautiously, as ye have be∣gun, and stoutly, concerning your

own and the Roman Peoples Being, that lies at Stake, concerning, your Wives and Children, concerning your Temples and Religious Places, concerning the Houses and Mansions of the whole City, concerning Em∣pire and Liberty, concerning the safety of Italy, and concerning the whole Common-wealth; for ye have a Consul, who shall never dispute to follow your Orders, and is able, whatsoever you shall decree, as long as he shall live, to defend and by his own interest maintain.

FINIS.

Notes

• (a) 1.1

  Q. Cicero.
• (b) 1.2

  Terrentia.
• c 1.3

  Tullia.
• (d) 1.4

  M. Tullius the younger.
• (e) 1.5

  Crassipes was the first husband of Tullia, after, she married Dolabel∣la (here present) and last of all 〈◊〉〈◊〉. Piso.

  Here is to be noted the decorum which was obser¦ved, that his Brother and Son-in-Law wore at seve∣ral distances present, to move compassion, the Wo∣men and little Child kept at home.
• (a) 1.6

  In 〈◊〉〈◊〉 Roman D••∣mocracy ••e∣lonies and Mu••ders ••er•• not p••∣nishable by Death nor ••o••fe••ture of Estate, but the Par∣ty convict was banish'd and lost his Freedom, which wa•• all that they imply'd in the common acceptance of what the•• te••med a Capital Offence or Punishment. Th•• in∣stance•• of those that under colour of High Treason were put to dea••h, have been in all the Ages of that State but rare a••d numerable; such as seem to have much of violence upon je••∣lousies of a prevailing party; for ought app••ars in Histo••y no•• v••ry 〈◊〉〈◊〉 grounded, rather than any crimes du••y proved, ••s suspicions of desiring th•• A••••••r••tion of St••te or affecta••••∣on of usurping a Kingly Power, upon an interpret••tion of some Actio•••• that might alike flow from men of Publick Spirits, but othe••wise the Priviledge or ind••ed Prerogative of the Citizen and Fre••man of Rome•• was no•• grown almost un∣••ounded. The Valerian, th•• Porcian, the Sempronian Law•• ha•• so fenced the Persons of that Imperial P••ople from suffer∣ing, and wer•• so largely interpr••t••d in their favour by Po••u∣lar Governours, that it was made a Question, 〈◊〉〈◊〉 h••re, whe∣the•• D••••th o•• ••n•• other Corporal Punishm••nt, migh•• in any case be i••••••ict••d by ••he M••gistrate upon a Roman Citiz••n•• T••e N••gative of which Caesar maintain••. To which absur∣dity the G••ver••ment of a Fr••e Stat•• naturally reduces it self; for wher•• the Majesty is in ••ll, ther•• the P••rsons of all ar•• ••acr••d, and thi•• is ••ota libert••••, or the very dissolution of Government, and alike demonstrates the Perfe••tion of Mo∣narchy, where Law ha•••• the largest extent and Authority the high••st ••a••ction.
• (f) 1.7

  L. ••••••∣sar be••or•• 〈◊〉〈◊〉 gave his Vote against Len••ul••s•• made a Pre∣face to excuse his Alliance, and shew h•• was not un∣se••sible of his Sisters calamity, though bound in duty to tender the publick s••fe∣ty.
• (g) 1.8

  Julia the Aunt of C. Caesar and Relict of M. An••o••ius Criticus, the son of M. Antony the Orator and father of M. Antony the Tri••mvir, afterwards married P. Lentulus•• Plutarch notes that the execution of him was th•• ground of that deep g••udge which was in M•• Antony ever af∣ter, and at last cost ••ully his life.
• (h) 1.9

  C. G••acchus his Laws were to give the Souldiers Cloaths over and above Pay, to distribute ••••rn amongs•• th•• Poor by ••ickets constantly, to divide Lands of Conquest by way of Plantations. To give the Italians equal Voices with the Romans in choice of Magistrates, to appoint an equal num∣••er of Knights to be Iudges, as was before of Senators one∣ly. To make•• it punishable if any Magistrate should put a Roman Citizen to death uncondemn'd, that is, without a particular Order from the general Assembly of the People•• and a seventh to limit the Age of being press'd to the Wars to 17 years and upward.
• (i) 1.10

  There had been a long contest from the times of the Gracchi bet∣ween the Senate and Knights a∣bout being Iudges. The Sempronian Law admit∣ted the Knights, this continu'd some 50 years, L Sul∣la settled it on the Sena∣tors onely. These prov'd very corrupt; afterwards the Aurelian Law made by Aur. Cotta, divided the power equal∣ly bet••een the Senators, the Knights, and the Commissioners of the Treasury at Wars.
• (k) 1.11

  T••e Se∣n••tors were omitted in the begin∣ing of this Enumerati∣on, as being there present, to and before whom h•• spoke, and so unnecessa∣ry to be men∣tion'd. Yet the Fact on that secretly f••vor•••• ••••∣tiline, was so great in the House, that he sorely taxes them, though ob∣liquely, in this passage.
• (l) 1.12

  Trades∣men and Shop-keep∣••rs.
• (m) 1.13

  Iourneymen and Labourers.
• (n) 1.14

  Loy••∣ter••••s and Beggars.
• (o) 1.15

  There was no Image of Vesta, but a fire burn∣ing constant∣ly on the Al∣tar, and k••pt by Vir∣gins. A Cu∣s••ome that s••ems to have been derived from the Chaldaeans, ••ho worship•• Fire.
• (p) 1.16

  A plain Allusion to the Comple∣ment that Pompey put upon Cicero coming to congratulate him at his return from the over∣throw of Mi∣thridates; when in the hearing of many he said he should have lost his labour in bringing up •• Third Tri∣umph, had not Tully oblig'd the State by preserving a place wherein he might Triumph; for it might be suppos'd that ••h••s: ••rati••n was finish'd afterwards, when pu••lish'd by Tully.
• (p) 1.17

  Two ye••rs afte•• Tully was banish'd up∣on the score of this h••∣ving execu∣ted the Con∣spirators, by P. Clodiu••; and eighteen years after had his Head and Hands cut off by the Son in ••a•• of P. Len∣tulus, M. An∣tony.
• (q) 1.18

  Octa∣vius Augu∣s••us accord∣ingly in pro∣cess of time took M. ••ullius, Cicero's Son, to be his Col∣league in the Consulship, and gratifi'd him with liberty to throw down a••l the Statues of M. Anton••, and to enact that none of the Family of the An••onies should ever af••er be nam'd Mark.