trate, or magistrate-designate, could speak, and so continue the
sitting up to nightfall, when the house stood adjourned.]

[Footnote 424: Because consul-designate. L. Racilius, one of the new
tribunes.]

[Footnote 425: The _sortitio iudicum_ was performed by the praetor
drawing out the required number of names from the urn, which contained
the names of all liable to serve. The accused could, however, challenge
a certain number, and the praetor had then to draw others.]

[Footnote 426: The formula whereby the senate declared its opinion that
so and so was guilty of treason. It had no legal force, but the
magistrates might, and sometimes did, act on it.]

[Footnote 427: C. Porcius Cato, distant relation of Cato Uticensis, one
of the new tribunes.]

[Footnote 428: _I.e._, Marcellinus (Cn. Cornelius Lentulus).]

[Footnote 429: The senators not in office only spoke when called on
(_rogati_). The consuls-designate (if there were any) were always called
first, and then the consulars in order. To be called _first_ was a
subject of ambition, and an opportunity for the presiding magistrate to
pay a compliment or the reverse.]

[Footnote 430: They went and sat or stood near the speaker they wished
to support. It was not, however, a formal division till the speeches
ended, and the presiding magistrate counted. Still, it made the division
easier.]

[Footnote 431: A platform outside the senate-house, where
representatives originally of Greek and then of other states were
placed. It was apparently possible to hear, or partly hear, the debates
from it. It was a _locus substructus_ (Varro, _L. L._ v. 155). There is
no evidence that it was a building to lodge ambassadors in, as Prof.
Tyrrell says.]

XCIII (F VII, 26)

TO M. FADIUS GALLUS (AT ROME)

TUSCULUM[432] (? DECEMBER)

[Sidenote: B.C. 57, AET. 49]

Having been suffering for nine days past from a severe disorder of the
bowels, and being unable to convince those who desired my services that
I was ill because I had no fever, I fled to my Tusculan villa, after
having, in fact, observed for two days so strict a fast as not even to
drink a drop of water. Accordingly, being thoroughly reduced by weakness
and hunger, I was more in want of your services than I thought mine
could be required by you. For myself, while shrinking from all
illnesses, I especially shrink from that in regard to which the Stoics
attack your friend Epicurus for saying that "he suffered fro