trial of some assassins, took money to influence his decision so undisguisedly, that the next year Publius Scævola, being tribune of the people, made a motion before the people, that an inquiry should be made into the case. In accordance with which decree of the people, Cnæus Cæpio, the consul, was ordered by the senate to investigate the affair. Tubulus immediately went into banishment, and did not dare to make any reply to the charge, for the matter was notorious.
XVII. We are not, therefore, inquiring about a man who is merely wicked, but about one who mingles cunning with his wickedness, (as Quintus Pompeius[1] did when he repudiated the treaty of Numantia,) and yet who is not afraid of everything, but who has rather no regard for the stings of conscience, which it costs him no trouble at all to stifle; for a man who is called close and secret is so far from informing against himself, that he will even pretend to grieve at what is done wrong by another; for what else is the meaning of the word crafty (versutus)? I recollect on one occasion being present at a consultation held by Publius Sextilius Rufus, when he reported the case on which he asked advice to his friends in this manner: That he had been left heir to Quintus Fadius Gallus; in whose will it had been written that he had entreated Sextilius to take care that what he left behind him should come to his daughter. Sextilius denied that he had done so. He could deny it with impunity, for who was there to convict him? None of us believed him; and it was more likely that he should tell a lie whose interest it was to do so, than he who had set down in his will that he had made the request which he ought to have made. He added, moreover, that having sworn to comply with the Voconian[2] law, he did
- ↑ This was Quintus Pompeius, the first man who raised his family to importance at Rome. He was consul b.c. 141. Being commander in Spain, he laid siege to Numantia; and having lost great numbers of his troops through cold and disease, he proposed to the Numantines to come to terms. Publicly he required of them an unconditional surrender, but in private he only demanded the restoration of the prisoners and deserters, that they should give hostages and pay thirty talents. The Numantines agreed to this, and paid part of the money, but when Popilius Lænas arrived in Spain as his successor, he denied the treaty, though it had been witnessed by his own officers. The matter was referred to the senate, who on the evidence of Pompeius declared the treaty invalid, and the war was renewed.
- ↑ The Voconia lex was passed on the proposal of Quintus Voconius
