Calpurnius Flaccus•CALPURNIUS FLACCUS DECLAMATIONES
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Love is devoid of judgment; it has no reason, no soundness; otherwise we would all love the same. Sometimes the reason for sinning is to sin incredibly. "Not always," he says, "are children born like their parents." What have you to do with that plea, unless that it may make it appear more surely that you have sinned?
We marvel that this is a law of nature, that forms pass into offspring, which, as if traced, the species preserve. Each nation even keeps its own face: the visages of Germany are reddish and their stature fair‑blond; of Hispania < . . . > Not all are tinged with the same color. On the other side, where the convex and declining world sends the neighboring east, there more luxuriant bodies are born, there more compact ones arise.
The kinds of mortals are diverse, yet no one is dissimilar to his own kind. "What then?" he says, "did I love an Ethiopian?" There is at times, judges, even in evil things their own grace; there is a certain pleasure of forms. Do you marvel if someone does not love wisely, since to begin to love is not the act of a wise man?
PARS ALTERA
Ita non maius est argumentum pudicitiae, quod parere voluit, quam impudicitiae, quod <in>feliciter peperit? Vides partum laesis fortasse visceribus excussum: multum fortunae etiam intra uterum licet. Vides sanguinis vitio perustam cutem; colorem putas: istud fortasse infantis iniuria est.
PARS ALTERA
Is not the greater argument of pudicitia, that which wished to give birth, than of impudicitia, which unhappily bore? Do you see a birth perhaps shaken out by injured viscera: much of fortune even within the uterus is permitted. Do you see the skin ruined by a vitium of the blood; you judge the colour: that perhaps is the infant’s injury.
That very thing — the bruise that stained the deeply darkened skin — a long day lessens. For snowy limbs are commonly darkened by the sun, and pallor departs from the body; although naturally shadow compels dusky limbs to grow pale. As much is permitted to time as you suppose is permitted to nature.
Too little for you are a year and prison for my torments; you fear lest your ears miss any groan of the wretched, lest paternal eyes partake of each of my tortures, lest, the bonds having been loosened, there be lacking one to tighten them. You cannot employ the right of a father against one condemned: now I have no lar, no sacrum, no father, and, lest he repent having condemned me, not even a stepmother. I see the public prison, built of huge stones, its narrow apertures receiving the thin shade of light.
They look toward this stronghold of the thing cast off and the Tullian stronghold, and, whenever the creak of iron at the bolted doors rouses the prostrate, they are struck senseless, and by awaiting another’s punishment they learn their own. The lashes resound; to those refusing food the filthy hand of the executioner thrusts victuals. The doorkeeper sits with an inexorable heart, who, while the mother weeps, keeps his eyes dry.
PARS ALTERA
Egone secretum isti conscientiae dabo et ibi te patiar includi, ubi non erubescas? Dignus es, parricida, dignus es videre patrem, si tam grave putas, ut vel carcerem malis. Debeo, iudices, debeo tandem agere mitius pater, si tam graviter sibi damnatus irascitur.
PARS ALTERA
Shall I entrust a secret to that conscience and there endure to be shut up where you do not blush? You are worthy, parricide, you are worthy to see your father, if you deem it so grievous that you would prefer even prison to evils. I must, judges, I must at last act more mildly, father, if, so grievously condemned in himself, he grows angry.
I marveled whether any man so full of wickedness would dare—who<n> could contemn the prison. He flees, he hates, he turns away and curses his father’s threshold: you certainly are ignorant of your lot, if you think you ought to look to anything other than what you do not want. Endure this light, if it is grievous; behold this day, if you hate it.
They thought that no one had been thus tortured by that man except captives. Do you reckon them traitors, whom the enemy, having punished so miserably and so cruelly, did not avenge? "They were poor," he says, "and therefore could be corrupted." Come now: who does not know that they perished for that reason, because they hated riches too much?
Above all I bring to you this of my misfortune, which I began to perceive: that the eyes of the third son return deprived of sight as spectators; those who had yielded to calamities returned by parricide. I was indeed amazed that, in the blindness of both, only the father had lost his eyes. I was commanded to look, after the third no longer had eyes as a spectator.
Do the righteous dispel necessity, who have done something from love? Cease a little while, exhausted tears; defer somewhat, wounded sight: it is fitting that the eyes be tougher, who returned with crime. There is no solace in such calamity from a wife: she had my pity then, after<quam> I began to admonish concerning the son.
My soul shudders to relate what it regrets having revealed. Nor are remedies to be sought where there is a cure for a greater punishment. "The father is to be congratulated that the son did not dream it; this ought to be heard by the mother alone, either so that she warn the son, or lest the husband grieve at the blindness." I summon my wife: "now," I say, "I long to be blind."
"Even now that which only you know lies hidden with me." Suddenly, at the sight of the dream, I was seized with fear, and, I confess, I indeed feared for the son, but I did not believe concerning the mother. There is no more impatient evil than envy combined with calamity. Who, that I might wickedly behold, did not avert his eyes but lost them to blindness; miserable, I first saw what I had last seen: he hung, extinguished, and the youth's noose held his neck tight.
Wealth to inconstant minds is, in the highest degree, ruin. < . . . > Either to wish to return to me or not to wish: if he wishes, he does not please who is retained unwillingly; if he does not wish, now I fear, because he has begun to love riches. Permitted licence’s great safety is power with moderation.
They both grew to adulthood, but the younger was the daughter, and apart from her sex much more simple than her brother. In one case you see the death of each: when the young man perished, poison was given both to the brother and to the sister. O foolish cruelty of the stepmother: had she loved, would we have supposed her complicit?
Far be it, most holy judges, that you should detract from this testimony of tyrannicide, which both the physician and the tyrant confirmed. They fabricate a will to harm, after they have lost the means of healing. Consider, then, my punishments from this, in which neither anger nor nature has ceased.
Because he felt impending destruction, hastening he demanded a physician. Whence did you prepare the poison so quickly? you say perhaps, “there came to me a greater opportunity for administering poison, which was from his own will.” This kind of native timoris is, that from an earlier sense a more cautious solicitude proceeds to all things.
The son says that by the benefaction of his parent he was nourished, and by his indulgence he gained liberty and citizenship; yet these very things the patron bestowed on his freedman which the son received from his parent. Therefore the benefaction of the inheritance is given to the son, but is returned to the patron. An addict never hopes for freedom; for he serves negligently and stubbornly who does not know how to serve.
Pity me, whose neither infamy can lie hidden nor glory! Not before the republic but before myself did I desert: and with arms and weapons I burdened my most honorable body and, which was not done without guilt, I laid aside weapons long since consecrated. I stand and fight for the laws with the fist; for otherwise I can no longer do brave deeds in this age.
The access to mercy is closed to this accused; for what can he hope from tears? The youth was also of a liberal countenance, such as no one would not wish for himself either as a son or as a son-in-law. When he sought the girl's marriage, after long petitioning and when he had already begun to hope, he hastened as a lover and — what shall I say — "rapuit" or "duxit"? The maiden, as far as she alone could, made no complaint.
"He is silent," he says; O wondrous and mute sentence! All know that tears flow from the one fountain of mercy, especially in love, for with the same eyes by which one is loved one is also wept for. Wretched that man, whom you punished with no accuser; more miserable that woman, whom you pretended to vindicate.
I hear that I was suddenly sold as a stranger, a thing neither my father nor my mother ever disclosed, nor indeed ever did any rich enemy allege. They gave me to a son now luxurious and wanton, although my father himself cared for and governed all things. I implore the aid which your ancestors have already left to slaves born (into your household).
It is not the same to be born into servitude and to be punished by loss of liberty. Immediately you believed him faithful and judged him suitable, yet even then you could have known that he was not fortunate. "My son has been slain," he says. If by injustice, accuse the murderer; if by right, the laws.
I beg you not to indulge domestic anger, since you see me repentant of a public sentence. For, just as in life it is never the lot of the fortunate to err, so it is the part of the wise to amend an error as soon as possible. That was the deliberation of parents; this now is the hesitation of parricides.
"We have fallen by age, corrected by poverty. In this place we beseech you, in which even conquered enemies did not supplicate in vain." I, that sad and savage one, when I resigned nevertheless wept, and ever since, though silent, I have sighed and longed for the opportune right of restitution. Public authority will restore to us the sons as if by another nature.
I now fear, P. C., lest that senate of the resigned seem the wiser and more cautious. I admit we are not undeservedly alarmed by the aspect of armed men; for they threaten death. As far as I can, I will recall you, dearest son, even from death, I will lay you in our ancestors’ sepulchers and, with the epitaph you desired, inscribe your name.
Why must a modest man, pray, speak those things concerning my germane brother which I hold so precious that I cannot see them perish? You know us, P. C.; for indeed we are known to more people than both our age and our modesty would demand. My brother has been carried off with the worst and most perditious companions.
"Yield to your brother, yield even to your father; you will be victor, trust me, if you yield." I learned that, with the laws preserved, parricide can be committed. The rest now are not to be narrated, they must be painted. It is a vain and inept dread to see that which you cannot undo, and to fear a color worse than blood.
Let this deed be represented not only in color, but in bronze, if possible, and in stone, and in whatever matter of our bodies or of art is a rival. How, then, can things that have been done be undone? They are not, to be sure, yet painted, but they are carved in every breast, in the eyes, in the minds, and, finally, in your very hands.
He contends with his own parent; as it seems to me the stepson is still the better than the son. This stepson also began to hold me in such contempt, that he who rejoices that he has shown a benefit to his stepmother does not deign to accept (anything) from me. I confess that I was the first to err in my house, when, being old, I took a wife, although a son was already in the house, and indeed a young man.
My wife is being carried off — who are you? My bed is being deserted — what concern is that sorrow of yours? "I," he says, "have yielded for a prize." Therefore you cannot recall what you have given, nor reproach the woman whom a little before you praised. Beware, lest, if defeated — for the uncertainties of trials are such — you will have spoken, and be declared in judgment likewise to have yielded as if for a prize.
Peregrinus cruciarius
CIVITATEM PEREGRINUS USURPANS VENEAT. LICEAT IN MATRIBUS
adulteria vindicare et de iniusto supplicio tribunos appellare.Qui videbatur de civibus natus, cum absente patre eam, quae mater videbatur, in adulterio deprehensam insequeretur armatus, ait illa "non es meus". Perseveravit et occidit. Postea iudicio peregrinus pronuntiatus emptus est ab interfectae patre.
Peregrinus cruciarius
CIVITATEM PEREGRINUS USURPANS VENEAT. LICEAT IN MATRIBUS
let a foreigner usurping citizenship be sold. let it be lawful for mothers
to vindicate adulteries and to call on the tribunes concerning unjust punishment. One who was thought to have been born of citizens, when with his father absent he, armed, pursued her who seemed to be his mother caught in adultery, she said, "non es meus." He persisted and killed her. Afterwards, at the trial, the foreigner, having been pronounced, was bought by the slain woman's father.
From the same man he is led to the cross. The man who seemed to be the father, returned from abroad, calls upon the tribunes concerning the unjust punishment. Hardly had he returned to the fatherland — if indeed they concede this to be the country of my adversary or of mine — I was preparing, tribunes, having learned the case of my son, to appeal to you about the unjust punishment of servitude.
But insofar as the father‑in‑law rages, so that he wishes to acknowledge neither the son‑in‑law nor the grandson, let him also grant me pardon of my pain, if I have not failed my son in speaking well of myself, nor, deservedly, spoken ill of the laws, since he himself seeks to exact vengeance for his daughter or for the guilty. By these laws I took a daughter in marriage; we both saw her pregnant together and counted 10 months of the womb, and we received the child born of her as a pledge. But when the necessity of foreign travel carried me away, I entrusted my son to his grandfather.
I bade the young man to discharge the duties in the house of <patris>, and, that I might impose more necessity upon him, I inflicted the sentence of your law. I finally warned that his act would be a crime if he did not obey his father and the law. He put the adulteress to death—she who, stung by insane lust and by the goads of so great a fury, had been kindled to the point that she no longer recognized her own kinsfolk.
She herself, after so great a fury, was no longer her own. She said “he is not mine,” but I say “he is mine.” The mother feared the armed man, but the father acknowledged the servant, which is the greater. Having been indemnified, and refusing the executioner whom the Law of the Indemnified prescribed to be put to death, the father handed his son over to the executioner.
he desires to be killed by his father's hand. The father himself, who had been offended, voluntarily confesses that he was not able to do what he had begun. How well-mannered this old man had fashioned his son for himself, I will not name another proof than that, so as not to wound his father<m>, nor did he refuse death[t]. Ordered to die, the young man, especially still in his early years, at that time when life is most dear and death bitter, did not seek life.
If he can, let him strike the victim which he vowed to the household gods; let him make satisfaction with my blood, nay even with his own, so long as the law of pietas be not darkened by a base hand; for the reason of law does not permit that an executioner be employed against one for whom there was no judge. Let him put an end to life who made its beginning. My dissent is not about death with the father but about the kind of death [of the father].
Kill, if you can; confess, <if> you cannot. No one ever made the magistracy a vicarius, nor served as a soldier in another, nor corrupted the sacra gentilicia implanted in the stock. My life is taken from me, but a paternal hand is due. You cannot, father, by the same law both impose punishment and deny solace.
Nor may the gods permit that, with justice overturned, the seized woman be held in place of the ravisher. Sometimes it is preferable, for the sake of glory, not to contend than to win. I, unless by the very facts themselves I show that I loved (her), confess that I have done an injustice in that I carried her off.
For this reason, too trustful in the auxiliaries of the gods I led the boys, still tender, into the battle-line, whose father was found so young that he could both serve as a soldier and win. I deny to the bereaved their right, whether by law or by blood. Life is sweet to all, and the enjoyment of this light is pleasant even to the wretched, and I find not who could be a vicarius except a son.
He seeks as a prize the death of the man who had contradicted him. the other C. D. I indeed, about to speak when another’s peril was at stake, lately kept silent in my own danger, since he sought an unjust prize, who by the laws could not yet seek even a just one. He preys upon so many innocent heads: he lets this one go, he seizes that one; he punishes this one with fear, that one with death.
A grandson taken in from a courtesan. He had sons, frugal and luxurious, <luxurious> — on account of his love<m> for the courtesan he disinherited them. Having been disinherited, he betook himself to the courtesan. There, when he began to fall ill, he sent to his father and commended to him the son taken from the courtesan, begging that he receive him into the family, and he died.
I ask you, judges, whether he is sound who both disinherits his own and adopts another’s. Adoption is a holy thing, why not, which imitates the benefits of nature and of law. Regarding that boy I do not know which is more disgraceful: whether the father’s origin, which is doubtful, or the mother’s origin, which is certain.
An old saying, judges, runs that as gold is wont to be tried by fire, so innocence is wont to be tried by judgment. It is better to benefit your father by the proof (argumento) of your virtues than by a reward. The lover of a prostitute’s mistress — the prostitute herself — drives her own slave, loving him, to the cross.
Raptam pater vinculis tenens
RAPTA RAPTORIS MORTEM AUT INDOTATAS NUPTIAS PETAT.
Raptam pater vinculis continet, raptor duci ad magistratus desiderat. Nihil equidem leges clementius paraverunt, quam quod de lege raptarum non licet alii iudicare.
Holding the seized woman in chains
RAPTURED WOMAN SHALL SEEK THE RAPTOR’S DEATH OR DOWRYLESS NUPTIALS.
The father holds the seized woman in chains; the abductor desires that she be led to the magistrates. Indeed the laws have provided nothing more clement than that, concerning the law of the abducted, it is not permitted for others to judge.
The pain of losing children is heightened by the consciousness of the crime, and, if it is grievous to lose sons, far more grievous is it to have killed them. Does she not say this: "I alone will rule, when this one has perished by my poison and that one by my mendacity"? You judged, father, who both acquitted the repudiated woman by not accusing her and condemned the new wife by not defending her.
<Im>the torments are not equal for us in love: first, that love, whether you will or not, is colder in old age. He was accused of madness by three sons. Of the three sons, two accused their father of madness and, having been overpowered, were punished according to the law. The third undertook to accuse.
She answered, "she will die before she marries him." The father betrothed the same young man to her and set a day for the wedding. Within the day the girl died, with dubious signs of cruelty and poisoning. When the father made inquiry among the household, one of the maidservants confessed that she had brought about an adulterous affair between that young man and the mother.
It is late for me, most holy judges, to be disowned: for the right has recourse to this, to compel excuse, not that I did not endure the extremes, but that I endured those earlier things. He who seeks capital penalties from his own brother for a beloved wife shows what he himself has merited. I cannot impute to him a charge prior to this, for the brother forgave.
The emperor imposes upon you a soldier, whose service you judged not necessary to the republic by failing to redeem him recently. I ask pardon from you, judges, because I speak in court as a disgraced gladiator. I erred, judges, I confess, I erred — I who always believed that immortality consists in dying for the republic, since even the fame of the living grows old: it was not a pirate but the fatherland that made me a gladiator.
Both are lies: for nothing is more degrading in the common view than the gladiatorial condition, nor is there anything more noble by my name in the arena. "It was Fortune's," he says. How long shall we make Fortune the defendant of human affairs? Be it so, Fortune made it that I was taken: who made it that no one ransomed me?