Noctes Atticae

The difficult decision which the Lacedaemonian Chilo made to save a friend; and that one should consider scrupulously and anxiously whether one ought ever to do wrong in the interest of friends, with notes and quotations on that subject from the writings of Theophrastus and Marcus Cicero.

OF Chilo the Lacedaemonian, one of that famous group of sages, [*](The names of these are variously given. They generally include, in addition to Chilo: Cleobulus of Lindus in Rhodes, Periander of Corinth, Pittacus of Mitylene, Bias of Priene, Thales of Miletus, and Solon of Athens. Plato, Protag. p. 343 A, gives Myson of Chen in place of Periander.) it is written in the books of those

who have recorded the lives and deeds of distinguished men, that he, Chilo, at the close of his life, when death was already close upon him, thus addressed the friends about his bedside:

"That very little of what I have said and done in the course of a long life calls for repentance, you yourselves may perhaps know. I, at any rate, at such a time as this do not deceive myself in believing that I have done nothing that it troubles me to remember, except for just one thing; and as to that it is not even now perfectly clear to me whether I did right or wrong.

I was judge with two others, and a friend's life was at stake. The law was such that the man must be found guilty. Therefore, either my friend must suffer capital punishment or violence must be done to the law. I considered for a long time how to remedy so difficult a situation. The course which I adopted seemed, in comparison with the alternative, the less objectionable; I myself secretly voted for conviction, but I persuaded my fellow judges to vote for acquittal. Thus I myself in a matter of such moment did my duty both as a judge and as a friend. But my action torments me with the fear that there may be something of treachery and guilt in having recommended to others, in the same case, at the same time, and in a common duty, a course for them contrary to what I thought best for myself.

This Chilo, then, though a man of surpassing wisdom, was in doubt how far he ought to have gone counter to law and counter to equity for the sake of a friend, and that question distressed him even at the very end of his life. So too many subsequent students of philosophy, as appears in their works,

have inquired very carefully and very anxiously, to use their own language, ei) dei= bohqei=n tw=| fi/lw| para\ to\ di/kaion kai\ me/xri po/sou kai\ poi=a. [*](The sentence which follows translates the Greek literally, except that for to\ di/kaion what is right, we have in the Latin ius moremve, law or precedent. The Romans laid great stress on the mos maiorum, the precedent set by their forefathers.) That is to say, they inquired

whether one may sometimes act contrary to law or contrary to precedent in a friend's behalf, and under what circumstances and to what extent.

This problem has been discussed, as I have said, not only by many others, but also with extreme thoroughness by Theophrastus, the most conscientious and learned of the Peripatetic school; the discussion is found, if I remember correctly, in the first book of his treatise On Friendship. That work Cicero evidently read when he too was composing a work On Friendship. Now, the other material that Cicero thought proper to borrow from Theophrastus his talent and command of language enabled him to take and to translate with great taste and pertinence; but this particular topic which, as I have said, has been the object of much inquiry, and is the most difficult one of all, he passed over briefly and hurriedly, not reproducing the thoughtful and detailed argument of Theophrastus, but omitting his involved and as it were over-scrupulous discussion and merely calling attention in a few words to the nature of the problem. I have added Cicero's words, in case anyone should wish to verify my statement: [*](De Amicitia, 61.)

Therefore these are the limits which I think ought to be observed, namely: when the characters of friends are blameless, then there should be complete harmony of opinions and inclinations in everything without any exception;

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and, even if by some chance the wishes of a friend are not altogether honourable and require to be forwarded in matters which involve his life or reputation, we should turn aside from the straight path, provided, however, utter disgrace does not follow. For there are limits to the indulgence which can be allowed to friendship.

[*](Translation by Falconer, L. C. L.)

When it is a question,

he says,

either of a friend's life or good name, we must turn aside from the straight path, to further even his dis-honourable desire.

But he does not tell us what the nature of that deviation ought to be, how far we may go to help him, and how dis-honourable tile nature of the friend's desire may be. But what does it avail me to know that I must turn aside from the straight path in the event of such dangers to my friends, provided I commit no act of utter disgrace, unless he also informs me what he regards as utter disgrace and, once having turned from the path of rectitude, how far I ought to go?

For,

he says,

there are limits to the indulgence which can be allowed to friendship.

But that is the very point on which we most need instruction, but which the teachers make least clear, namely, how far and to what degree indulgence must be allowed to friendship. The sage Chilo, whom I mentioned above, turned from the path to save a friend. But I can see how far lie went; for he gave unsound advice to save his friend. Yet even as to that he was in doubt up to his last hour whether he deserved criticism and censure.

Against one's fatherland,

says Cicero, [*](De Amicitia, 36; Gellius does not quote verbally from Cicero.)

one must not take up arms for a friend.

That of course everybody knew, and

before The ognis was born,

as Lucilius says. [*](952 Marx, who cites for the proverb Plutarch, Cum princip. esse philos. 2, p. 777, c (C.A.F. iii, p. 495, K) and restores Lucilius' line as: hoc priusquan nasceretur Theognis omnes noveratt.) But what I ask and wish to know is this: when it is that one must act contrary to law and contrary to equity in a friend's behalf, albeit without doing violence to the public liberty and peace; and when it is necessary to turn aside from the path, as he himself puts it, in what way and how much, under what circumstances, and to what extent that ought to be done. Pericles, the great Athenian, a man of noble character and endowed with all honourable accomplishments, declared his opinion— in a single instance, it is true, but yet very clearly. For when a friend asked him to perjure himself in court for his sake, he replied in these words:

One ought to aid one's friends, but only so far as the gods allow.

[*](That is, so far as one can do so without violating the laws of the gods or breaking an oath which one has taken in the name of a god; cf. Cic. Off. iii. 44, quae salva fide facere possit.)

Theophrastus, however, in the book that I have mentioned, discusses this very question more exhaustively and with more care and precision than Cicero. But even he in his exposition does not express an opinion about separate and individual action, nor with the corroborative evidence of examples, but treats classes of actions briefly and generally, in about the following terms:

A small and trifling amount of disgrace or infamy,

he says, "should be incurred, if thereby great advantage may be gained for a friend; for the insignificant loss from impairment of honour is repaid and made good by the greater and more substantial honour gained by aiding a friend, and that slight break or rift, so to speak, in one's reputation is repaired by the buttress formed by the advantages gained for one's friend. Nor ought we," says he,

to be influenced by mere terms, because my fair fame and the advantage of a friend under accusation are not of the same class. For such things must be estimated by their immediate weight and importance, not by verbal terms and the merits of the classes to which they belong. For when the interests of a friend are put into the balance with our own honour in matters of equal importance, or nearly so, our own honour unquestionably turns the scale; but when the advantage of a friend is far greater, but our sacrifice of reputation in a matter of no great moment is insignificant, then what is advantageous to a friend gains in importance in comparison with what is honourable for us, exactly as a great weight of bronze is more valuable than a tiny shred of gold.

On this point I append Theophrastus' own words: [*](Fr. 81, Wimmer.)

If such and such a thing belongs to a more valuable class, yet it is not true that some part of it, compared with a corresponding part of something else, will be preferable. This is not the case, for example, if gold is more valuable than bronze, and a portion of gold, compared with a portion of bronze of corresponding size, is obviously of more worth; but the number and size of the portions will have some influence on our decision.

The philosopher Favorinus too, somewhat loosening and inclining the delicate balance of justice to suit the occasion, thus defined such an indulgence in favour: [*](Fr. 102, Marres.)

That which among men is called favour is the relaxing of strictness in time of need.

Later on Theophrastus again expressed himself to about this effect:

The relative importance and insignificance of things, and all these considerations

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of duty, are sometimes directed, controlled, and as it were steered by other external influences and other additional factors, so to say, arising from individuals, conditions and exigencies, as well as by the requirements of existing circumstances; and these influences, which it is difficult to reduce to rules, make them appear now justifiable and now unjustifiable.

On these and similar topics Theophrastus wrote very discreetly, scrupulously and conscientiously, yet with more attention to analysis and discussion than with the intention or hope of arriving at a decision, since undoubtedly the variations in circumstances and exigencies, and the minute distinctions and differences, do not admit of a definite and universal rule that can be applied to individual cases; and it is such a rule, as I said at the beginning of this essay, of which we are in search.

Now this Chilo, with whom I began this little discussion, is the author not only of some other wise and salutary precepts, but also of the following, which has been found particularly helpful, since it confines within due limits those two most ungovernable passions, love and hatred.

So love,

said he,

as if you were possibly destined to hate; and in the same way, hate as if you might perhaps afterwards love.

[*](Cicero, De Amicitia, 59, attributes this saying to Bias, another of the seven sages, as do also Aristotle, Diogenes Laertius and Valerius Maximus. It has appeared in various forms in later times.)

Of this same Chilo the philosopher Plutarch, in the first book of his treatise On the Soul, wrote as follows: [*](vii, p. 19, Bern.)

Chilo of old, having heard a man say that he had no enemy, asked him if he had no friend, believing that enmities necessarily followed and were involved in friendships.

The care and fine taste with which Antonius Julianus examined the artful substitution of one word for another by Marcus Cicero in one of his orations.

THE rhetorician Antonius Julianus had an exceedingly noble and winning personality. He also possessed learning of a delightful and helpful sort, devoting great attention to the refinements of the writers of old and readily recalling them. Moreover, he inspected all the earlier literature with such care, weighing its merits and ferreting out its defects, that you might say that his judgment was perfect. [*](Lit., according to a rule or level.)

This Julianus expressed the following opinion of the syllogism which is found in the speech of Marcus Tullius spoken In Defence of Gnaeus Plancius [*](§68.) —but first I will quote the exact words on which he passed judgment: "And yet, a debt of money is a different thing from a debt of gratitude. For he who discharges a debt in money ceases forthwith to have that which he has paid, while one who continues in debt keeps what belongs to another. But in the case of a debt of gratitude, he who returns it has it; and he who has it returns it by the mere fact of having it. [*](The point of this passage depends on the meaning of referre grafiam, requite (pay a debt of gratitude), and habere gratiam, feel gratitude. I have followed to some extent the rendering of Watts (L.C.L.), but with some changes.) In the present instance I shall not cease to be Plancius' debtor if I pay this debt, nor should I be paying him any the less simply by feeling goodwill, if the present unfortunate situation had not occurred" [*](That is, the prosecution of Plancius, which enabled Cicero to pay his debt by defending his friend.)

Here,

said Julianus,

is to be sure a fine artistry in the way the words are marshalled, something well-rounded that charms tile ear by its mere music; but it must be read with the privilege of a slight change in the meaning of one word in order to

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preserve the truth of the proposition. Now the comparison of a debt of gratitude with a pecuniary debt demands the use of the word 'debt' in both instances. For a debt of money and a debt of gratitude will seem to be properly compared, if we may say that both money and gratitude are owed; but let us consider what happens in the owing or paying of money, and on the other hand in the owing and paying of a debt of gratitude, if we retain the word 'debt' in both instances. Now Cicero,

continued Julianus,

having said that a debt of money was a different thing from a debt of gratitude, in giving his reason for that statement applies the word 'owe' to money, but in the case of gratitude substitutes ' has' (i.e. 'feels') for ' owes'; for this is what he says: ' But in the case of a debt of gratitude, he who returns it has it; and he who has it returns it by the mere fact of having it.' But that word 'has' does not exactly fit the proposed comparison. For it is the owing, and not the having, of gratitude that is compared with money, and therefore it would have been more consistent to say: 'He who owes pays by the mere fact of owing.' But it would be absurd and quite too forced if a debt of gratitude that was not yet paid should be said to be paid by the mere fact that it was owed. Therefore,

said Julianus,

Cicero made a change and substituted a similar word for one which he had dropped, in order to seem to have kept the idea of a comparison of debts, and at the same time retained the careful balance of his period.

Thus it was that Julianus elucidated and criticized passages in the earlier literature, which a select group of young men read under his guidance.

That the orator Demosthenes was criticized because of his care for his person and attire, and taunted with foppishness; and that the orator Hortensius also, because of similar foppishness and the use of theatrical gestures when he spoke, was nicknamed Dionysia the dancing-girl.

IT is said that Demosthenes in his dress and other personal habits was excessively spruce, elegant and studied. It was for that reason that he was taunted by his rivals and opponents with his

exquisite, pretty mantles

and

soft, pretty tunics

; [*](Aeschines, in Tim. 131.) for that reason, too, that they did not refrain from applying to him foul and shameful epithets, alleging that he was no mall and was even guilty of unnatural vice.

In like manner Quintus Hortensius, quite the most renowned orator of his time with the exception of Marcus Tullius, because he dressed with extreme foppishness, arranged the folds of his toga with great care and exactness, and in speaking used his hands to excess in lively gestures, was assailed with gibes and shameful charges; and many taunts were hurled at him, even while he was pleading in court, for appearing like an actor. But when Sulla was on trial, and Lucius Torquatus, a man of somewhat boorish and uncouth nature, with great violence and bitterness did not stop with calling Hortensius an actor in the presence of the assembled jurors, but said that he was a posturer and a Dionysia—which was the name of a notorious dancing-girl—then Hortensius replied in a soft and gentle tone:

I would rather be a Dionysia, Torquatus, yes, a Dionysia, than like you, a stranger to the Muses, to Venus and to Dionysus.

[*](Cf. Wer nicht liebt Wein, Weib und Sang, Der bleibt ein Narr sein Leben lang , falsely attributed to Luther.)

An extract from the speech delivered to the people by Metellus Numidicus when he was censor, urging them to marry; why that speech has been criticized and how on the contrary it has been defended.

A number of learned men were listening to the reading of the speech which Metellus Numidicus, [*](Metellus Numidicus was censor in 102 B.C. Livy (Periocha 59) attributes a speech on this subject to Q. Caecilius Metellus Macedonicus, censor in 131 B.C., which he says was read to the people by Augustus; cf. Suet. Aug. lxxxix. Since Suetonius, who gives the name simply as Q. Metellus, cites the speech under the title De Prole Augenda and the Periocha says that it was delivered ut co g e re nt omnes ducere uxores liberorum creandorum causa, it seems probable that it was not identical with this address of Metellus Numidicus.) an earnest and eloquent man, delivered to the people when he was censor, On Marriage, urging them to be ready to undertake its obligations. In that speech these words were written:

If we could get on without a wife, Romans, we would all avoid that annoyance; but since nature has ordained that we can neither live very comfortably with them nor at all without them, we must take thought for our lasting well-being rather than for the pleasure of the moment.

It seemed to some of the company that Quintus Metellus, whose purpose as censor was to encourage the people to take wives, ought not to have admitted the annoyance and constant inconveniences of the married state; that to do this was not so much to encourage, as to dissuade and deter them. But they said that his speech ought rather to have taken just the opposite tone, insisting that as a rule there were no annoyances in matrimony, and if after all they seemed sometimes to arise, they were slight, insignificant and easily endured, and were completely forgotten in its greater pleasures and

advantages; furthermore, that even these annoyances did not fall to the lot of all or from any fault natural to matrimony, but as the result of the misconduct and injustice of some husbands and wives. Titus Castricius, however, thought that Metellus had spoken properly and as was altogether worthy of his position.

A censor,

said he,

ought to speak in one way, an advocate in another. It is the orator's privilege to make statements that are untrue, daring, crafty, deceptive and sophistical, provided they have some semblance of truth and can by any artifice be made to insinuate themselves into the minds of the persons who are to be influenced. Furthermore,

he said,

it is disgraceful for an advocate, even though his case be a bad one, to leave anything unnoticed or undefended. But for a Metellus, a blameless man, with a reputation for dignity and sense of honour, addressing the Roman people with the prestige of such a life and course of honours, it was not becoming to say anything which was not accepted as true by himself and by all men, especially when speaking on a subject which was a matter of everyday knowledge and formed a part of the common and habitual experience of life. Accordingly, having admitted the existence of annoyances notorious with all men, and having thus established confidence in his sincerity and truthfulness, he then found it no difficult or uphill work to convince them of what was the soundest and truest of principles, that the State cannot survive without numerous marriages.

This other passage also from the same address of Metellus in my opinion deserves constant reading, not less by Heaven! than the writings of the

greatest philosophers. His words are these:

The immortal gods have mighty power, but they are not expected to be more indulgent to us than our parents. But parents, if their children persist in wrong-doing, disinherit them. What different application of justice then are we to look for from the immortal gods, unless we put an end to our evil ways? Those alone may fairly claim the favour of the gods who are not their own worst enemies. [*](Sibi is taken by some as referring to dii, but see Lane, Lat. Gr. 2343.) The immortal gods ought to support, not supply, virtue.

In these words of Cicero, from his fifth oration Against Verres, hanc sibi rem praesidio sperant futurum, there is no error in writing or grammar but those are wrong who do violence to good copies by writing futuram; and in that connection mention is also made of another word of Cicero's which, though correct, is wrongly changed; with a few incidental remarks on the melody and cadence of periods for which Cicero earnestly strove.

IN the fifth oration of Cicero Against Verres,[*](ii. 5. 167. ) in a copy of unimpeachable fidelity, since it was the result of Tiro's [*](Cicero's favourite freedman, who not only aided him in his literary work, but also, after the orator's death, collected, arranged, and published his patron's writings, in particular his correspondence.) careful scholarship, is this passage:

Men of low degree and humble birth sail the seas; they come to places which they had never before visited. They are neither known to those to whom they have come nor can they always find acquaintances to vouch for them, yet because of this mere faith in their citizenship they believe that they will be safe, not only before our magistrates, who are constrained by fear of the

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laws and public opinion, and not only among Roman citizens, who are united by the common bond of language, rights, and many interests, but wherever they may come, they hope that this possession will protect them.

It seemed to many that there was an error in the last word. For they thought that futuram should be written instead of futurum, and they were sure that the book ought to be corrected, lest like the adulterer in the comedy of Plautus [*](Bacch. 918.) —for so they jested about the error which they thought they had found—this solecism in an oration of Cicero's should be

caught in the act.

There chanced to be present there a friend of mine, who had become an expert from wide reading and to whom almost all the older literature had been the object of study, meditation and wakeful nights. He, on examining the book, declared that there was no mistake in writing or grammar in that word, but that Cicero had written correctly and in accordance with early usage.

For futurum is not,

said he, " to be taken with rem, as hasty and careless readers think, nor is it used as a participle. It is an infinitive, the kind of word which the Greeks call a)pare/mfatos or 'indeterminate,' affected neither by number nor gender, but altogether free and independent, such a word as Gaius Gracchus used in the speech entitled On Publius Popilius, delivered in the places of assembly, [*](Gracchus delivered two speeches against Popilius, one in the Forum at Rome (pro rostris), the other circum conciliabula, in the market-places of various towns of Latium; see Meyer, O. R. F,2 p. 239.) in which we read: 'I suppose that my enemies will say this.' He said dicturum, not dicturos; and is it not clear that dicturum in Gracchus is used according to the same principle as futurum in Cicero? Just as in the Greek language, without any suspicion of error, words such as e)rei=n, poih/sein, e)/sesqai, and the like, are used in all genders and all numbers without distinction." He added that in the third book of the Annals of Claudius Quadrigarius are these words: [*](Fr. 43, Peter.)

While they were being cut to pieces, the forces of the enemy would be busy there (copias . . . futurum)

; and at the beginning of the eighteenth book of the same Quadrigarius: [*](Fr. 79, Peter.)

If you enjoy health proportionate to your own merit and our good-will, we have reason to hope that the gods will bless the good (deos . . . facturum)

; that similarly Valerius Antias also in his twenty-fourth book wrote:

If those religious rites should be performed, and the omens should be wholly favourable, the soothsayers declared that everything would proceed as they desired (omnia . . .processurum esse).

[*](Fr. 59, Peter.)

Plautus also in the Casina, [*](v. 691.) speaking of a girl, used occisurum, not occisuram in the following passage: Has Casina a sword?—Yes, two of them.— Why two?—With one she'd fain the bailiff slay, With t'other you. So too Laberius in The Twins wrote: [*](v. 51, Ribbeck.3) I thought not she would do (facturum) it. Now, all those men were not unaware of the nature of a solecism, but Gracchus used dicturum, Quadrigarius futurum and facturum, Antias processurum, Plautus occisurum and Laberius facturum, in the infinitive mood, a mood which is not inflected for mood or number or person or tense or gender,

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but expresses them all by one and the same form, just as Marcus Cicero did not use fiturum in the masculine or neuter gender—for that would clearly be a solecism—but employed a form which is independent of any influence of gender.

[*](Cellius' friend was partly right. Such forms as dicturum were derived from the second supine dictu + *erom (earlier *esom), the infinitive of sum. Later, the resulting form dicturum was looked upon as a participle and declined. In the early writers such infinitives did not change their form, and did not add the tautological esse.)

Furthermore, that same friend of mine used to say that in the oration of that same Marcus Tullius On Pompey's Military Command [*](§ 33.) Cicero wrote the following, and so my friend always read it:

Since you know that your harbours, and those harbours from which you draw the breath of life, were in tile power of the pirates.

And he declared that in potestatem fuisse [*](That is, for in potestate.) was not a solecism, as the half-educated vulgar think, but he maintained that it was used in accordance with a definite and correct principle, one which the Greeks also followed; and Plautus, who is most choice in his Latinity, said in the Amphitruo: [*](v. 180. Leo reads num número mi in mentém fruit it hasn't just occurred to me, has it?)

1. Número mihi in mentém fuit,

not in mente, as we commonly say.

But besides Plautus, whom my friend used as an example in this instance, I myself have come upon a great abundance of such expressions in the early writers, and I have jotted them down here and there in these notes of mine. But quite apart from that rule and those authorities, the very sound and order of the words make it quite clear that it is more in accordance with the careful attention to diction and the rhythmical style of Marcus Tullius that, either

being good Latin, he should prefer to say potestatem rather than potestate. For the former construction is more agreeable to the ear and better rounded, the latter harsher and less finished, provided always that a man has an ear attuned to such distinctions, not one that is dull and sluggish; it is for the same reason indeed that he preferred to say explicavit rather than explicuit, which was already coming to be the commoner form.

These are his own words from the speech which he delivered On Pomnpey's Military Command: [*](§ 30.)

Sicily is a witness, which, begirt on all sides by many dangers, he freed (explicavit), not by the threat of war, but by his promptness in decision.

But if lie had said explicuit, the sentence would halt with weak and imperfect rhythm. [*](The cadence _u_u was a favourite one with Cicero at the end of a sentence.)

An anecdote found in the works of the philosopher Sotion about the courtesan Lais and the orator Demosthenes.

SOTION was a man of the Peripatetic school, far from unknown. He wrote a book filled with wide and varied information and called it Ke/ras )Amalqei/as,[*](The Horn of Amantheia; see Greek Index.) which is about equivalent to The Horn of Plenty.

In that book is found the following anecdote about the orator Demosthenes and the courtesan Lais:

Lais of Corinth,

he says,

used to gain a great deal of money by the grace and charm of her beauty, and was frequently visited by wealthy men from all over Greece; but no one was received who did not give what she demanded, and her

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demands were extravagant enough.

He says that this was the origin of the proverb common among the Greeks:

1. Not every man may fare to Corinth town, [*](Cf. Horace, Epist. i. 17. 36.)

for in vain would any man go to Corinth to visit Lais who could not pay her price.

The great Demosthenes approached her secretly and asked for her favours. But Lais demanded ten thousand drachmas

—a sum equivalent in our money to ten thousand denarii. [*](The drachma and the denarius (about 8d. or 16 cents) was the average wage of a day-labourer.)

Amazed and shocked at the woman's great impudence and the vast sum of money demanded, Demosthenes turned away, remarking as he left her: 'I will not buy regret at such a price.'

But the Greek words which he is said to have used are neater; he said: Ou)k w)nou=mai muri/wn draxmw=n metame/leian. [*](I will not buy regret for ten thousand drachmas.) .