Book 5 — Surviving Fragments

SECTION 1

Chapter 1

(August. C.D. 2.21,Non. 417M)

(Ennius)On ancient customs and on men the Roman state stands firm,

and in its brevity and truth that verse seems to me an utterance he delivered as though from an oracle. For neither the men, had the state not possessed such customs, nor the customs, had such men not presided over them, could have founded or so long maintained so great a commonwealth, with so broad and far-reaching a dominion. Thus, before our time, ancestral custom itself called forth outstanding men, and excellent men preserved the old custom and their ancestors’ institutions.

SECTION 2(fr)

But our own age received the commonwealth like an exquisite painting already fading with time, and not only neglected to renew it with its original colors, but (August. C.D. 2.21, Non. 417M) did not even take care to preserve at least its shape and, so to speak, its outer outlines. For what remains of those ancient customs on which he said the Roman state stood? We see them so worn away by oblivion that they are not merely neglected, but now unknown. And what am I to say of the men? The customs themselves have perished for lack of men; for so great an evil we must not merely render an account, but must in some sense plead our case as though on trial for our lives. For through our own vices, not through any accident, we retain the commonwealth in name, but in reality have long since lost it.

SECTION 3

Chapter 2

“that nothing is so kingly as the exposition of equity, which involved interpreting the law; private citizens used to seek that law from kings. For these reasons broad and fertile tracts of arable land, orchards, and pastures were marked out to be royal property and to be cultivated without the kings’ own work or toil, so that no concern for private business might draw them away from the people’s affairs. Nor was any private citizen the judge or arbitrator of a lawsuit: everything was settled by royal judgments. Our Numa, it seems to me, adhered most closely to this ancient custom of the Greek kings. For the others, although they too performed this duty, spent much of their time waging wars and observing the laws of war. But Numa’s long peace became the mother of law and religion for this city. He even wrote laws which, as you know, still exist—a task indeed proper to the citizen we are discussing […]”

SECTION 4

Chapter 3

(Non. 497M)

but still, as a good head of a household needs some practical experience in farming, building, and accounting.

SECTION 5

[…] “will it trouble you to learn about roots and seeds?” M. “Not at all, provided the work has something to show.” S. “Do you consider that the bailiff’s field of study?” M. “Certainly not, since farming so very often runs short of hands.” S. “Then, just as the bailiff knows the nature of the soil and the steward knows his letters, but each turns from the pleasure of knowledge to its practical use, so this ruler of ours should indeed have studied law and statutes, and must certainly have examined their sources. But he must not entangle himself in endlessly answering legal questions, reading, and writing, so that he can, as it were, manage the commonwealth’s accounts and in a sense act as its bailiff. He must be thoroughly versed in the highest law, without which no one can be just, and not ignorant of civil law, but in the way a pilot knows the stars or a doctor natural science. Each uses those things for his own art, but does not let them obstruct his own task. This man, however, will see to it […]”

SECTION 6

Chapter 4

[…] states, in which the best men seek praise and honor and shun disgrace and dishonor. They are not so much deterred by fear and the punishment established by law as by modesty, which nature has given man as a kind of fear of deserved reproach. The ruler of commonwealths has strengthened this through accepted beliefs and perfected it through institutions and training, so that shame would keep citizens from wrongdoing no less than fear. These matters concern moral honor and could have been discussed at greater length and with greater fullness.

SECTION 7

Chapter 5

“For life and the practice of living, however, a plan has been laid out through lawful marriage, legitimate children, and the hallowed homes of the household gods and family Lares, so that everyone might enjoy both common advantages and his own, and so that living well would be impossible without a good commonwealth, and nothing could be happier than a well-ordered state. For this reason I am often greatly astonished at what this great […] might be”

SECTION 8

Chapter 6

(Cic. Att. 8.11.1) For just as a pilot’s goal is a successful voyage, a doctor’s health, and a general’s victory, so this director of the commonwealth has as his goal the citizens’ happy life, secure in resources, rich in wealth, splendid in glory, and honorable in virtue. I want him to bring to completion this work, the greatest and best among human endeavors.

(August. epist. 104.7) And what becomes of the fact that your own writings too praise the ruler of his country who considers the people’s benefit more than their wishes?

SECTION 9

Chapter 7

(August. C.D. 5.13) that he must be nourished on glory […] that their ancestors had done many marvelous and splendid deeds from a desire for glory.

(P.Pictav. Bibl. Lugd. 22.824) that the state’s leading man must be nourished on glory, and that the commonwealth stands as long as everyone shows honor to its leader.

(Non. 233M) Then by virtue, labor, and diligence he would preserve the inborn promise of a great man, unless his all too spirited, fierce nature—him, to I know not where […]

(Non. 201M) the virtue called courage, which contains greatness of spirit and a profound contempt for death and pain.

SECTION 10

Chapter 8

(Non. 337M) Marcellus as fierce and combative, Maximus as deliberate and slow.

(Char. GL 1.139K) encompassed within the world […]

(Non. 37M) because he could give your households a share in the troubles of his old age.

SECTION 11

Chapter 9

(Gel. N.A. 12.2.6sq.) as Menelaus the Spartan possessed a certain sweet-spoken charm […] let him cultivate brevity in speaking.

(Amm. Marc. 30.4.10) “Since nothing in the commonwealth ought to be so uncorrupted as a vote or a judgment, I do not understand why a man who corrupts them with money deserves punishment, while one who does so with eloquence even wins praise. It seems to me that the man who corrupts a judge by speech does more harm than one who does so by a bribe, because no one can corrupt an honorable man with money, but he can with words.”

(Non. 521M) When Scipio had said these things, Mummius strongly approving; for he was imbued with hatred †of which rhetoricians […]

(C. anon. Verg. G. I, 2.348 Bandin.) then fine seeds had been scattered in the best of fields.

SECTION 1

Chapter 1

(August. C.D. 2.21,Non. 417M)

(Ennius)The Roman state stands on ancient customs and men,

That line, both for its brevity and for its truth, seems to me like something he spoke as an oracle. For neither the men, unless the state had had those customs, nor the customs, unless those men had led it, could have founded or held together for so long a state so great and ruling so far and wide. So before our time, our ancestors' way of life itself called on outstanding men, and outstanding men kept up the old way of life and our ancestors' institutions.

SECTION 2(fr)

But our generation inherited the state like a wonderful painting that was already fading with age. It not only failed to renew it with the same colors it had had, but (August. C.D. 2.21, Non. 417M) didn't even take care to preserve at least its shape and, so to speak, its outer outlines. What's left of the ancient customs on which he said the Roman state stood? We see they've faded so completely from memory that they're not only no longer followed; they're no longer even known. And what can I say about the men? The customs themselves died out for lack of men. For this terrible evil we must not only give an account; in a way, we must also plead our case like defendants facing the death penalty. Because of our own faults, not some accident, we keep the state in name, but in reality we've long since lost it.

SECTION 3

Chapter 2

that nothing suits a king so well as explaining what's fair, which included interpreting the law. Private citizens used to ask kings for legal rulings. For these reasons, broad, rich crop fields, orchards, and pastures were marked out as royal property to be farmed without any work or effort from the kings, so that no worries about their private business would draw them away from the people's affairs. Nor did any private citizen decide disputes or serve as an arbitrator in a lawsuit: everything was settled by royal judgments. And I think our Numa followed this old practice of the Greek kings most closely. The others, though they also carried out this duty, spent much of their time fighting wars and dealing with the laws of war. But Numa's long peace was the mother of law and religion in this city. He had also written laws, which you know still exist—something characteristic of the citizen we're talking about […]

SECTION 4

Chapter 3

(Non. 497M)

but still, just as a good head of a household needs some practical experience of farming, building, and keeping accounts.

SECTION 5

“[…] will it bother you to learn about roots and seeds?” Speaker M: “Not at all, as long as there's work to show for it.” Speaker S: “Do you think that's a farm manager's field of study?” Speaker M: “Certainly not, since farming so often runs short of labor.” Speaker S: “So, just as a farm manager knows the nature of the soil and an accountant knows how to read and write, while both turn from enjoying knowledge to getting useful work done, our leader here should certainly have studied law and legislation. Above all, he should have looked closely at their sources. But he shouldn't tie himself up constantly giving legal opinions, reading, and writing. That way he can, so to speak, keep the state's accounts and, in a sense, manage its farm. He should know the highest principles of justice inside out—no one can be just without that—and know civil law too, but as a ship's pilot knows the stars and a doctor knows natural science. Both use that knowledge in their own work without letting it get in the way of their duties. But this man will see to this […]”

SECTION 6

Chapter 4

[…] states, where the best people seek praise and honor and avoid shame and disgrace. What frightens them isn't so much fear and the punishment laid down by law as the sense of shame that nature has given people—a kind of fear of criticism they deserve. That leader of states strengthened this through people's beliefs and developed it fully through institutions and education, so that shame would keep citizens from wrongdoing no less than fear. These points concern praise, and they could have been discussed more broadly and fully.

SECTION 7

Chapter 5

“As for life and the practice of living, the system has been arranged through lawful marriage, legitimate children, and the sacred homes of the household gods and family Lares. Everyone was to enjoy both shared benefits and their own. Without a good republic, people could not live well, and nothing could be happier than a well-organized state. So I often find it very strange what such a great […] could be”

SECTION 8

Chapter 6

(Cic. Att. 8.11.1) “Just as the helmsman’s goal is a successful voyage, the doctor’s health, and the commander’s victory, so the goal set for this governor of the republic is a happy life for the citizens: secure in resources, rich in supplies, great in glory, and honorable through goodness. I want him to accomplish this work, the greatest and best among human beings.

(August. epist. 104.7) “And what about the fact that your own writings praise a ruler of his country who looks after the people’s interests rather than their wishes?”

SECTION 9

Chapter 7

(August. C.D. 5.13) “that he should be sustained by glory […] that their ancestors had done many wonderful and distinguished things through their desire for glory.

(P.Pictav. Bibl. Lugd. 22.824) “that the state’s leading man should be sustained by glory, and that the republic would stand as long as everyone showed honor to its leading man.

(Non. 233M) “Then through goodness, hard work, and diligence he would maintain the character of a very great man, unless his excessively bold and headstrong nature carried him in some direction I cannot say […]

(Non. 201M) “that quality is called courage, which includes greatness of spirit and a great disregard for death and pain.”

SECTION 10

Chapter 8

(Non. 337M) “Marcellus as energetic and combative, Maximus as thoughtful and slow to act.

(Char. GL 1.139K) “contained within the world […]

(Non. 37M) “so that he could share the troubles of his old age with your families.”

SECTION 11

Chapter 9

(Gel. N.A. 12.2.6sq.) just as Menelaus the Spartan had a certain charm in his pleasant way of speaking […] he should make a habit of keeping his speeches short.

(Amm. Marc. 30.4.10) Since nothing in the state ought to be as free from corruption as a vote or a verdict, I don't understand why someone who corrupts them with money deserves punishment, while someone who does it through eloquence even wins praise. It seems to me that someone who corrupts a judge with a speech does more harm than someone who does it with money. No one can corrupt a judge who has a sense of shame with money, but they can by speaking.

(Non. 521M) When Scipio had said this, Mummius strongly approving; for he was steeped in hatred †of which orators […]

(C. anon. Verg. G. I, 2.348 Bandin.) then excellent seeds had been scattered in the best crop.