f subjects suited to such theses.]

CLI (Q FR III, 4)

TO HIS BROTHER QUINTUS (IN GAUL)

ROME, 24 OCTOBER

[Sidenote: B.C. 54, AET. 52]

Gabinius has been acquitted. Nothing could be more absolutely futile
than his accuser, Lentulus, and the backers of the indictment, or more
corrupt than the jury. Yet, after all, had it not been for incredible
exertions and entreaties on Pompey's part, and even an alarming rumour
of a dictatorship, he would not have been able to answer even Lentulus;
for even as it was, with such an accuser and such a jury, he had
thirty-two votes out of seventy recorded against him. This trial is
altogether so scandalous, that he seems certain to be convicted in the
other suits, especially in that for extortion. But you must see that the
Republic, the senate, the law courts are mere cyphers, and that not one
of us has any constitutional position at all. What else should I tell
you about the jurors? Two men of praetorian rank were on the
panel--Domitius Calvinus, who voted for acquittal so openly that
everybody could see; and Cato, who, as soon as the voting tablets had
been counted, withdrew from the ring of people, and was the first to
tell Pompey the news. Some people--for instance, Sallust--say that I
ought to have been the prosecuting counsel. Was I to have exposed myself
to such a jury as this? What would have been my position, if he had
escaped when I conducted the case? But there were other considerations
which influenced me. Pompey would have looked upon it as a contest with
me, not for that man's safety, but for his own position: he would have
entered the city;[646] it would have become a downright quarrel; I
should have seemed like a Pacideianus matched with the Samnite
AEserninus[647]--he would, perhaps, have bitten off my ear,[648] and at
least he would have become reconciled to Clodius. For my part,
especially if you do not disapprove of it, I strongly approve my own
policy. That great man, though his advancement had been promoted by
unparalleled exertions on my part, and though I owed him nothing, while
he owed me all, yet could not endure that I should differ from him in
politics--to put it mildly--and, when in a less powerful position,
shewed me what he could do against me when in my zenith. At this time of
day, when I don't even care to be influential, and the Republic
certainly has no power to do anything, while he is supreme in
everything, was I to enter upon a contest