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Updated: June 14, 2025
15 It is true that here the statute does not expressly say 'the highest value, but Sabinus rightly held that the damages must be assessed as if the words 'highest value' occurred also in this chapter; the Roman people, who enacted this statute on the proposal of Aquilius the tribune, having thought it sufficient to use them in the first chapter only.
What he discovered is translated here; but it is in a most imperfect and mutilated state. The form selected was that of a dialogue, in imitation of those of Plato; and the several conferences were supposed to have taken place during the Latin holidays, 129 B.C., in the consulship of Caius Sempronius, Tuditanus, and Marcus Aquilius.
I had already completed two books, in which I represented a conversation taking place on the Novendialia held in the consulship of Tuditanus and Aquilius, between Africanus, shortly before his death, and Lælius, Philus, Manilius, P. Rutilius, Q. Tubero, and Lælius's sons-in-law, Fannius and Scævola; a conversation which was extended to nine days and the same number of books "On the best Constitution of the State" and "On the best Citizen."
Servilius was incapable. A batch of 1,000 still remained under arms, but surrendered to Aquilius. He sent them to Rome to fight with wild beasts in the arena. They preferred to die by each other's swords there. Satyrus and one other were left last, and Satyrus after killing his comrade slew himself.
We are, some of us, it is true, a little out of this cherry-season of kissing there is a time for all things, and so there was a time for that. It is pleasant still to trifle with the subject: even the wise Socrates played with it in one of his dialogues, and so may we, innocently enough. That is not a healthy and honest purity. AQUILIUS. But these do not object to a little professional kissing.
In this manner Cato took up all that day: but on the following days by terrifying some of the citizens and gaining over others by favours and by bribes, and with armed men preventing Aquilius one of the tribunes from coming out of the senate house, and by ejecting from the Forum Cato himself, who called out that there had been thunder, and by wounding no small number, and even killing some, they forcibly carried the law, in consequence of which many persons in passion crowded together and pelted the statues of Pompeius.
The election coming on, and his colleague being dead, he left the command of the army to Manius Aquilius, and hastened to Rome, where, several eminent persons being candidates for the consulship, Lucius Saturninus, who more than any of the other tribunes swayed the populace, and of whom Marius himself was very observant, exerted his eloquence with the people, advising them to choose Marius consul.
It is certainly no lofty ambition that prompts him to accuse me, ambition such as fired Marcus Antonius to accuse Cnaeus Carbo, Caius Mucius to accuse Aulus Albucius, Publius Sulpicius to accuse Cnaeus Norbanus, Caius Furius to accuse Manius Aquilius, Caius Curio to accuse Quintus Metellus.
Pomponius was a vehement, a rousing, and a fierce and eager Speaker, and more inclined to act the part of a prosecutor, than of an advocate. But far inferior to these was L. Fufius; though his application was, in some measure, rewarded by the success of his prosecution against M. Aquilius.
My fellow candidates, to mention only those who seem certain, are Galba and Antonius and Q. Cornificius. At this I imagine you smiling or sighing. Well, to make you positively smite your forehead, there are people who actually think that Cæsonius will stand. I don't think Aquilius will, for he openly disclaims it and has alleged as an excuse his health and his leading position at the bar.
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