Who could possibly enumerate, Gallus,[1145]all the advantages that attend military service when fortunate? For if I could but enter the camp with lucky omen, then may its gate welcome me, a timid and raw recruit, under the influence of some auspicious planet. For one hour of benignant Fate is of more avail than even if Venus'[1146]self should give me a letter of recommendation to Mars, or his mother Juno, that delights in Samos' sandy shore.[1147]
Let us treat, in the first place, of advantages in which all share; of which not the least important is this, that no civilian[1148]must dare to strike you. Nay, even though he be himself the party beaten,[1149]he must dissemble his wrath, and not dare to show the prætor[1150]the teeth he has had knockedout, and the black bruises on his face with its livid swellings, and all that is left of his eye, which the physician can give him no hopes of saving. If he wish to get redress for this, a Bardiac[1151]judge is assigned him—the soldier's boot, and stalwart calves that throng the capacious benches of the camp, the old martial law and the precedent of Camillus[1152]being strictly observed, "that no soldier shall be sued outside the trenches, or at a distance from the standards."
Of course, where asoldieris concerned, the decision of the centurion will needs be most equitable;[1153]nor shall I lack my just revenge, provided only the ground of the complaint I lay be just and fair.
Yet the whole cohort is your sworn enemy; and all the maniples, with wonderful unanimity, obstruct the course of justice. Full well will they take care that the redress you get shall be more grievous than the injury itself. It will be an act, therefore, worthy of even the long-tongued Vagellius' mulish heart,[1154]while you have still a pair of legs to provoke the ire of so many buskins, so many thousand hob-nails![1155]
For who can go so far from Rome? Besides, who will be such a Pylades[1156]as to venture beyond the rampart of the camp? So let us dry up our tears forthwith, and not trouble our friends, who will be sure to excuse themselves. When the judge calls on you, "Produce your witness,"[1157]let the man, whoever he may be, that saw the cuffs, have the courage to stand forth and say, "I saw[1158]the act," and I will hold him worthy of the beard,[1159]and worthy of the long hair of our ancestors. You could with greater ease suborn afalsewitness against a civilian,[1160]than one who would speak the truth against the fortune and the dignity of the man-at-arms.
Now let us observe other prizes and other solid advantages of the military life. If some rascally neighbor has defrauded me of a portion of the valley of my paternal fields, or encroached on my land, and removed the consecrated stone from the boundary that separates our estates, that stone which mypulse has yearly[1161]honored with the meal-cake derived from ancient days, or if my debtor persists in refusing repayment of the sum I lent him, asserting that the deed is invalid and the signature a forgery: I shall have to wait a whole year occupied with the causes of the whole nation, before my case comes on. But even then I must put up with a thousand tedious delays, a thousand difficulties. So many times the benches only are prepared; then, when the eloquent Cæditius[1162]is laying aside his cloak, and Fuscus must retire for a little, though all prepared, we must break up; and battle in the tediously-protracted arena of the court. But in the case of those who wear armor, and buckle on the belt, whatever time suitsthemis fixed for the hearing of their cause, nor is their fortune frittered away by the slow drag-chain[1163]of the law.
Besides, it is only to soldiers that the privilege is granted, of making their wills while their fathers are still alive.[1164]Forit has been determined that all that has been earned by the hard toil of military service should not be incorporated with that sum of which the father holds the entire disposal. And so it is, that while Coranus follows the standards and earns his daily pay, his father, though tottering on the edge of the grave, pays court to his son that he may make him his heir.
His duties regularly discharged procure the soldier advancement; and yield to every honest exertion[1165]its justly merited guerdon.[1166]For doubtless it appears to be the interest of the general himself, that he that proves himselfbraveshould also be most distinguished for good fortune, that all may glory in their trappings,[1167]all in their golden chains.
FOOTNOTES:[1145]Gallus.Of this friend of Juvenal, as of Volusius in the last Satire, nothing is known. He is perhaps the same person whose name occurs so frequently in Martial.[1146]Veneris.For her influence over Mars, vid. Lucret., i., 32.[1147]Samia arenâ.Cf. Virg., Æn., i., 15, "Quam Juno fertur terris magis omnibus unam Posthabitâ coluisse Samo." Herod., ii., 148; iii., 60. Paus., VII., iv., 4. Athen., xiv., 655; xv., 672. The famous temple of Juno was said to have been built by the Leleges, the first inhabitants of the island: her statue, which was of wood, was the workmanship of Smilis, a contemporary of Dædalus. Juno is said to have here given birth to Mars, alone. Ov., Fast., v., 229. Samos was the native country of the peacock, hence sacred to Juno. Cf. vii., 32.[1148]Togatus.The toga, the robe of peace, as the Sagum is that of war. (So 33, "paganum.") Cf. Juv., viii., 240; x., 8, "Nocitura toga nocitura petuntur Militia." So "Cedant arma togæ."[1149]Pulsetur.Cf. iii., 300.[1150]Prætori."Tremble before the Prætor's seat to showHis livid features, swoll'n with many a blow:His eyes closed up, no sight remaining there,Left by the honest doctor in despair." Hodgson.[1151]Bardiacus.On thesenseof this passage all the commentators are agreed, though they arrive at it by different routes—"Your judge will be some coarse, brutal, uncivilized soldier; who cares nothing for the feelings of the toga'd citizen, or for the principles of justice." Marius is said to have had a body-guard of slaves, who flocked to him, chiefly Illyrian; whom he called his "Bardiæi." Pliny calls them "Vardæi," and Strabo ἀρδιαῖοι. (Cf. Plut., in vit. Mar. Plin., iii., 32. Strabo, vii., 5.) Bardiacus (or Bardaicus) may therefore be taken absolutely, or with judex, or with calceus. If taken alone, thencucullusis said to be understood, as Mart., xiv., 128, "Gallia Santonico vestit te Bardocucullo." i., Ep. liv., 5; xiv., 139; IV., iv., 5. This "cowl" was made of goats' hair. If taken with calceus, it would imply some such kind of shoe as the "Udo" in Ep. xiv., 140.[1152]Camillo.This law was passed by Camillus, while dictator, during the siege of Veii; to prevent his soldiers absenting themselves from the camp, on the plea of civil business. It led, of course, in time to the grossest abuses.[1153]Justissima."Oh! righteous court, where generals preside,And regimental rogues are justly tried!" Hodgson.[1154]Mulino.Perhaps Stapylton's is the best translation of this epithet of the declaimer in a hopeless cause. He calls him "a desperate ass." Others read "Mutinensi."[1155]Caligas.iii., 247, "Plantâ mox undique magnâ calcor, et in digito clavus mihi militis hæret" (and 322, "Adjutor gelidos veniam caligatus in agros"). This was one of thetenderrecollections Umbritius had when leaving Rome. The caliga, being a thick sole with no upper leather, bound to the foot with thongs, and studded underneath with iron nails, would be a fearful thing to encounter on one's shins or toes. (Justin says, "Antiochus' soldiers were shod with gold; treading that under foot for which men fight with iron.")[1156]Pylades."And where's the Pylades, the faithful friend,That shall thy journey to the camp attend?Be wise in time! See those tremendous shoes!Nor ask a service which e'en fools refuse." Badham.[1157]Da testem.Cf. iii., 137.[1158]Vidi.Cf. vii., 13, "Quam si dicas sub judice Vidi, quod non vidisti."[1159]Barba.Cf. ad iv., 103. Barbers were introduced from Sicily to Rome by P. Ticinius Mæna,A.U.C.454. Scipio Africanus is said to have been the first Roman who shaved daily. Cf. Plin., vii., 95. Hor., i., Od. xii., 41, "Incomptis Curium capillis." ii., Od. xv., 11, "Intonsi Catonis," Tib., II., i., 84, "Intonsis avis."[1160]Paganum.Cf. ad I., 8. It appears that under the emperors husbandmen were exempt from military service, in order that the land might not fall out of cultivation. The "paganus," therefore, is opposed to the "armatus" here, and by Pliny, Epist. x., 18, "Et milites et pagani." Epist. vii., 25, "Ut in castris, sic etiam in literis nostris (sunt), plures culto pagano quos cinctos et armatos, diligentius scrutatus invenies." Pagus is derived from the Doric παγά, because villages were originally formed round springs of water. Cf. Hooker's Eccl. Pol., lib. v., c. 80."With much more ease false witnesses you'll findTo swear away the life of some poor hind,Than get the true ones all they know to ownAgainst a soldier's fortune and renown." Hodgson.[1161]Puls annua.Cf. Dionys. Hal., ii., 9, θεούς τε γάρ ἡγοῦνται τοὺς τέρμονας, καὶ θύουσιν αὐτοῖς ἔτι τῶν μὲν ἐμψύχων οὐδὲν· οὐ γάρ ὅσιον αἰμάττειν τοὺς λίθους· πελάνους δὲ Δήμητρος, καὶ ἄλλας τινὰς καρπῶν ἀπαρχάς. "For they hold the boundary stones to be gods; and sacrifice to them nothing that has life, because it would be impious to stain the stones with blood; but they offer wheaten cakes, and other first-fruits of their crops." The divisions of land were maintained by investing the stones which served as landmarks with a religious character: the removal of these, therefore, added the crime of sacrilege to that of dishonesty, and brought down on the heathen the curse invoked in the purer system of theology, "Cursed be he that removeth his neighbor's landmark." Deut., xxvii., 17. To these rude stones, afterward sculptured (like the Hermæ) into the form of the god Terminus above, the rustics went in solemn procession annually, and offered the produce of the soil; flowers and fruits, and the never-failing wine, and "mola salsa." Numa is said by Plutarch to have introduced the custom into Italy, and one of his anathemas is still preserved: "Qui terminum exarasit, ipsus et boves sacrei sunto." Cf. Blunt's Vestiges, p. 204. Hom., Il., xxi., 405. Virg., Æn., xii., 896.[1162]Cæditio.xiii., 197, "Pœna sævior illis quas et Cæditius gravis invenit et Rhadamanthus." But it is very doubtful whether the same person is intended here, as also whether Fuscus is the same whose wife's drinking propensities are hinted at, xii., 45, "dignum sitiente Pholo, vel conjuge Fusci." (Pliny has an Epistle to Corn. Fuscus, vii., 9.) He is probably the Aurelius Fuscus to whom Martial wrote, vii., Ep. 28.[1163]Sufflamine."Nor are their wealth and patience worn awayBy the slow drag-chain of the law's delay." Gifford.[1164]Testandi vivo patre.Under ordinary circumstances the power of a father over his son was absolute, extending even to life and death, and terminating only at the decease of one of the parties. Hence "peculium" is put for the sum of money that a father allows a son, or a master a slave, to have at his own disposal. But even this permission was revocable. A soldier, who was sui juris, was allowed to name an heir in the presence of three or four witnesses, and if he fell, this "nuda voluntas testatoris" was valid. This privilege was extended by Julius Cæsar to those who were "in potestate patris." "Liberam testandi factionem concessit, D. Julius Cæsar: sed ea concessio temporalis erat: postea vero D. Titus dedit: post hoc Domitianus: postea Divis Nerva plenissimam indulgentiam in milites contulit: eamque et Trajanus secutus est." "Julius Cæsar granted them the free power of making a will; but this was only a temporary privilege. It was renewed by Titus and Domitian. Nerva afterward bestowed on them full powers, which were continued to them by Trajan." Vid. Ulpian, 23, § 10. The old Schol., however, says this privilege was confined to the "peculium Castrense;" but he is probably mistaken.[1165]Labor.Ruperti suggests "favor," to avoid the harshness of the phrase "laborreddit sua donalabori." Browne readsreddi.[1166]Dona.Cf. Sil., xv., 254, "Tum merita æquanturdoniset præmia Virtus sanguine parta capit: Phaleris hic pectora fulget: Hic torque aurato circumdat bellica colla."[1167]Phaleris.Cf. ad xi., 103, "Ut phaleris gauderet equus." Siccius Dentatus is said to have had 25 phaleræ, 83 torques, 18 hastæ puræ,160bracelets, 14 civic, 8 golden, 3 mural, and 1 obsidional crown. Plin., VII., xxviii., 9; xxxiii., 2.Here the Satire terminates abruptly. The conclusion is too tame to be such as Juvenal would have left it, even were the whole subject thoroughly worked up. It is probably an unfinished draught. The commentators are nearly equally balanced as to its being the work of Juvenal or not; but one or two of the touches are too masterly to be by any other hand.
[1145]Gallus.Of this friend of Juvenal, as of Volusius in the last Satire, nothing is known. He is perhaps the same person whose name occurs so frequently in Martial.
[1145]Gallus.Of this friend of Juvenal, as of Volusius in the last Satire, nothing is known. He is perhaps the same person whose name occurs so frequently in Martial.
[1146]Veneris.For her influence over Mars, vid. Lucret., i., 32.
[1146]Veneris.For her influence over Mars, vid. Lucret., i., 32.
[1147]Samia arenâ.Cf. Virg., Æn., i., 15, "Quam Juno fertur terris magis omnibus unam Posthabitâ coluisse Samo." Herod., ii., 148; iii., 60. Paus., VII., iv., 4. Athen., xiv., 655; xv., 672. The famous temple of Juno was said to have been built by the Leleges, the first inhabitants of the island: her statue, which was of wood, was the workmanship of Smilis, a contemporary of Dædalus. Juno is said to have here given birth to Mars, alone. Ov., Fast., v., 229. Samos was the native country of the peacock, hence sacred to Juno. Cf. vii., 32.
[1147]Samia arenâ.Cf. Virg., Æn., i., 15, "Quam Juno fertur terris magis omnibus unam Posthabitâ coluisse Samo." Herod., ii., 148; iii., 60. Paus., VII., iv., 4. Athen., xiv., 655; xv., 672. The famous temple of Juno was said to have been built by the Leleges, the first inhabitants of the island: her statue, which was of wood, was the workmanship of Smilis, a contemporary of Dædalus. Juno is said to have here given birth to Mars, alone. Ov., Fast., v., 229. Samos was the native country of the peacock, hence sacred to Juno. Cf. vii., 32.
[1148]Togatus.The toga, the robe of peace, as the Sagum is that of war. (So 33, "paganum.") Cf. Juv., viii., 240; x., 8, "Nocitura toga nocitura petuntur Militia." So "Cedant arma togæ."
[1148]Togatus.The toga, the robe of peace, as the Sagum is that of war. (So 33, "paganum.") Cf. Juv., viii., 240; x., 8, "Nocitura toga nocitura petuntur Militia." So "Cedant arma togæ."
[1149]Pulsetur.Cf. iii., 300.
[1149]Pulsetur.Cf. iii., 300.
[1150]Prætori."Tremble before the Prætor's seat to showHis livid features, swoll'n with many a blow:His eyes closed up, no sight remaining there,Left by the honest doctor in despair." Hodgson.
[1150]Prætori.
"Tremble before the Prætor's seat to showHis livid features, swoll'n with many a blow:His eyes closed up, no sight remaining there,Left by the honest doctor in despair." Hodgson.
"Tremble before the Prætor's seat to showHis livid features, swoll'n with many a blow:His eyes closed up, no sight remaining there,Left by the honest doctor in despair." Hodgson.
[1151]Bardiacus.On thesenseof this passage all the commentators are agreed, though they arrive at it by different routes—"Your judge will be some coarse, brutal, uncivilized soldier; who cares nothing for the feelings of the toga'd citizen, or for the principles of justice." Marius is said to have had a body-guard of slaves, who flocked to him, chiefly Illyrian; whom he called his "Bardiæi." Pliny calls them "Vardæi," and Strabo ἀρδιαῖοι. (Cf. Plut., in vit. Mar. Plin., iii., 32. Strabo, vii., 5.) Bardiacus (or Bardaicus) may therefore be taken absolutely, or with judex, or with calceus. If taken alone, thencucullusis said to be understood, as Mart., xiv., 128, "Gallia Santonico vestit te Bardocucullo." i., Ep. liv., 5; xiv., 139; IV., iv., 5. This "cowl" was made of goats' hair. If taken with calceus, it would imply some such kind of shoe as the "Udo" in Ep. xiv., 140.
[1151]Bardiacus.On thesenseof this passage all the commentators are agreed, though they arrive at it by different routes—"Your judge will be some coarse, brutal, uncivilized soldier; who cares nothing for the feelings of the toga'd citizen, or for the principles of justice." Marius is said to have had a body-guard of slaves, who flocked to him, chiefly Illyrian; whom he called his "Bardiæi." Pliny calls them "Vardæi," and Strabo ἀρδιαῖοι. (Cf. Plut., in vit. Mar. Plin., iii., 32. Strabo, vii., 5.) Bardiacus (or Bardaicus) may therefore be taken absolutely, or with judex, or with calceus. If taken alone, thencucullusis said to be understood, as Mart., xiv., 128, "Gallia Santonico vestit te Bardocucullo." i., Ep. liv., 5; xiv., 139; IV., iv., 5. This "cowl" was made of goats' hair. If taken with calceus, it would imply some such kind of shoe as the "Udo" in Ep. xiv., 140.
[1152]Camillo.This law was passed by Camillus, while dictator, during the siege of Veii; to prevent his soldiers absenting themselves from the camp, on the plea of civil business. It led, of course, in time to the grossest abuses.
[1152]Camillo.This law was passed by Camillus, while dictator, during the siege of Veii; to prevent his soldiers absenting themselves from the camp, on the plea of civil business. It led, of course, in time to the grossest abuses.
[1153]Justissima."Oh! righteous court, where generals preside,And regimental rogues are justly tried!" Hodgson.
[1153]Justissima.
"Oh! righteous court, where generals preside,And regimental rogues are justly tried!" Hodgson.
"Oh! righteous court, where generals preside,And regimental rogues are justly tried!" Hodgson.
[1154]Mulino.Perhaps Stapylton's is the best translation of this epithet of the declaimer in a hopeless cause. He calls him "a desperate ass." Others read "Mutinensi."
[1154]Mulino.Perhaps Stapylton's is the best translation of this epithet of the declaimer in a hopeless cause. He calls him "a desperate ass." Others read "Mutinensi."
[1155]Caligas.iii., 247, "Plantâ mox undique magnâ calcor, et in digito clavus mihi militis hæret" (and 322, "Adjutor gelidos veniam caligatus in agros"). This was one of thetenderrecollections Umbritius had when leaving Rome. The caliga, being a thick sole with no upper leather, bound to the foot with thongs, and studded underneath with iron nails, would be a fearful thing to encounter on one's shins or toes. (Justin says, "Antiochus' soldiers were shod with gold; treading that under foot for which men fight with iron.")
[1155]Caligas.iii., 247, "Plantâ mox undique magnâ calcor, et in digito clavus mihi militis hæret" (and 322, "Adjutor gelidos veniam caligatus in agros"). This was one of thetenderrecollections Umbritius had when leaving Rome. The caliga, being a thick sole with no upper leather, bound to the foot with thongs, and studded underneath with iron nails, would be a fearful thing to encounter on one's shins or toes. (Justin says, "Antiochus' soldiers were shod with gold; treading that under foot for which men fight with iron.")
[1156]Pylades."And where's the Pylades, the faithful friend,That shall thy journey to the camp attend?Be wise in time! See those tremendous shoes!Nor ask a service which e'en fools refuse." Badham.
[1156]Pylades.
"And where's the Pylades, the faithful friend,That shall thy journey to the camp attend?Be wise in time! See those tremendous shoes!Nor ask a service which e'en fools refuse." Badham.
"And where's the Pylades, the faithful friend,That shall thy journey to the camp attend?Be wise in time! See those tremendous shoes!Nor ask a service which e'en fools refuse." Badham.
[1157]Da testem.Cf. iii., 137.
[1157]Da testem.Cf. iii., 137.
[1158]Vidi.Cf. vii., 13, "Quam si dicas sub judice Vidi, quod non vidisti."
[1158]Vidi.Cf. vii., 13, "Quam si dicas sub judice Vidi, quod non vidisti."
[1159]Barba.Cf. ad iv., 103. Barbers were introduced from Sicily to Rome by P. Ticinius Mæna,A.U.C.454. Scipio Africanus is said to have been the first Roman who shaved daily. Cf. Plin., vii., 95. Hor., i., Od. xii., 41, "Incomptis Curium capillis." ii., Od. xv., 11, "Intonsi Catonis," Tib., II., i., 84, "Intonsis avis."
[1159]Barba.Cf. ad iv., 103. Barbers were introduced from Sicily to Rome by P. Ticinius Mæna,A.U.C.454. Scipio Africanus is said to have been the first Roman who shaved daily. Cf. Plin., vii., 95. Hor., i., Od. xii., 41, "Incomptis Curium capillis." ii., Od. xv., 11, "Intonsi Catonis," Tib., II., i., 84, "Intonsis avis."
[1160]Paganum.Cf. ad I., 8. It appears that under the emperors husbandmen were exempt from military service, in order that the land might not fall out of cultivation. The "paganus," therefore, is opposed to the "armatus" here, and by Pliny, Epist. x., 18, "Et milites et pagani." Epist. vii., 25, "Ut in castris, sic etiam in literis nostris (sunt), plures culto pagano quos cinctos et armatos, diligentius scrutatus invenies." Pagus is derived from the Doric παγά, because villages were originally formed round springs of water. Cf. Hooker's Eccl. Pol., lib. v., c. 80."With much more ease false witnesses you'll findTo swear away the life of some poor hind,Than get the true ones all they know to ownAgainst a soldier's fortune and renown." Hodgson.
[1160]Paganum.Cf. ad I., 8. It appears that under the emperors husbandmen were exempt from military service, in order that the land might not fall out of cultivation. The "paganus," therefore, is opposed to the "armatus" here, and by Pliny, Epist. x., 18, "Et milites et pagani." Epist. vii., 25, "Ut in castris, sic etiam in literis nostris (sunt), plures culto pagano quos cinctos et armatos, diligentius scrutatus invenies." Pagus is derived from the Doric παγά, because villages were originally formed round springs of water. Cf. Hooker's Eccl. Pol., lib. v., c. 80.
"With much more ease false witnesses you'll findTo swear away the life of some poor hind,Than get the true ones all they know to ownAgainst a soldier's fortune and renown." Hodgson.
"With much more ease false witnesses you'll findTo swear away the life of some poor hind,Than get the true ones all they know to ownAgainst a soldier's fortune and renown." Hodgson.
[1161]Puls annua.Cf. Dionys. Hal., ii., 9, θεούς τε γάρ ἡγοῦνται τοὺς τέρμονας, καὶ θύουσιν αὐτοῖς ἔτι τῶν μὲν ἐμψύχων οὐδὲν· οὐ γάρ ὅσιον αἰμάττειν τοὺς λίθους· πελάνους δὲ Δήμητρος, καὶ ἄλλας τινὰς καρπῶν ἀπαρχάς. "For they hold the boundary stones to be gods; and sacrifice to them nothing that has life, because it would be impious to stain the stones with blood; but they offer wheaten cakes, and other first-fruits of their crops." The divisions of land were maintained by investing the stones which served as landmarks with a religious character: the removal of these, therefore, added the crime of sacrilege to that of dishonesty, and brought down on the heathen the curse invoked in the purer system of theology, "Cursed be he that removeth his neighbor's landmark." Deut., xxvii., 17. To these rude stones, afterward sculptured (like the Hermæ) into the form of the god Terminus above, the rustics went in solemn procession annually, and offered the produce of the soil; flowers and fruits, and the never-failing wine, and "mola salsa." Numa is said by Plutarch to have introduced the custom into Italy, and one of his anathemas is still preserved: "Qui terminum exarasit, ipsus et boves sacrei sunto." Cf. Blunt's Vestiges, p. 204. Hom., Il., xxi., 405. Virg., Æn., xii., 896.
[1161]Puls annua.Cf. Dionys. Hal., ii., 9, θεούς τε γάρ ἡγοῦνται τοὺς τέρμονας, καὶ θύουσιν αὐτοῖς ἔτι τῶν μὲν ἐμψύχων οὐδὲν· οὐ γάρ ὅσιον αἰμάττειν τοὺς λίθους· πελάνους δὲ Δήμητρος, καὶ ἄλλας τινὰς καρπῶν ἀπαρχάς. "For they hold the boundary stones to be gods; and sacrifice to them nothing that has life, because it would be impious to stain the stones with blood; but they offer wheaten cakes, and other first-fruits of their crops." The divisions of land were maintained by investing the stones which served as landmarks with a religious character: the removal of these, therefore, added the crime of sacrilege to that of dishonesty, and brought down on the heathen the curse invoked in the purer system of theology, "Cursed be he that removeth his neighbor's landmark." Deut., xxvii., 17. To these rude stones, afterward sculptured (like the Hermæ) into the form of the god Terminus above, the rustics went in solemn procession annually, and offered the produce of the soil; flowers and fruits, and the never-failing wine, and "mola salsa." Numa is said by Plutarch to have introduced the custom into Italy, and one of his anathemas is still preserved: "Qui terminum exarasit, ipsus et boves sacrei sunto." Cf. Blunt's Vestiges, p. 204. Hom., Il., xxi., 405. Virg., Æn., xii., 896.
[1162]Cæditio.xiii., 197, "Pœna sævior illis quas et Cæditius gravis invenit et Rhadamanthus." But it is very doubtful whether the same person is intended here, as also whether Fuscus is the same whose wife's drinking propensities are hinted at, xii., 45, "dignum sitiente Pholo, vel conjuge Fusci." (Pliny has an Epistle to Corn. Fuscus, vii., 9.) He is probably the Aurelius Fuscus to whom Martial wrote, vii., Ep. 28.
[1162]Cæditio.xiii., 197, "Pœna sævior illis quas et Cæditius gravis invenit et Rhadamanthus." But it is very doubtful whether the same person is intended here, as also whether Fuscus is the same whose wife's drinking propensities are hinted at, xii., 45, "dignum sitiente Pholo, vel conjuge Fusci." (Pliny has an Epistle to Corn. Fuscus, vii., 9.) He is probably the Aurelius Fuscus to whom Martial wrote, vii., Ep. 28.
[1163]Sufflamine."Nor are their wealth and patience worn awayBy the slow drag-chain of the law's delay." Gifford.
[1163]Sufflamine.
"Nor are their wealth and patience worn awayBy the slow drag-chain of the law's delay." Gifford.
"Nor are their wealth and patience worn awayBy the slow drag-chain of the law's delay." Gifford.
[1164]Testandi vivo patre.Under ordinary circumstances the power of a father over his son was absolute, extending even to life and death, and terminating only at the decease of one of the parties. Hence "peculium" is put for the sum of money that a father allows a son, or a master a slave, to have at his own disposal. But even this permission was revocable. A soldier, who was sui juris, was allowed to name an heir in the presence of three or four witnesses, and if he fell, this "nuda voluntas testatoris" was valid. This privilege was extended by Julius Cæsar to those who were "in potestate patris." "Liberam testandi factionem concessit, D. Julius Cæsar: sed ea concessio temporalis erat: postea vero D. Titus dedit: post hoc Domitianus: postea Divis Nerva plenissimam indulgentiam in milites contulit: eamque et Trajanus secutus est." "Julius Cæsar granted them the free power of making a will; but this was only a temporary privilege. It was renewed by Titus and Domitian. Nerva afterward bestowed on them full powers, which were continued to them by Trajan." Vid. Ulpian, 23, § 10. The old Schol., however, says this privilege was confined to the "peculium Castrense;" but he is probably mistaken.
[1164]Testandi vivo patre.Under ordinary circumstances the power of a father over his son was absolute, extending even to life and death, and terminating only at the decease of one of the parties. Hence "peculium" is put for the sum of money that a father allows a son, or a master a slave, to have at his own disposal. But even this permission was revocable. A soldier, who was sui juris, was allowed to name an heir in the presence of three or four witnesses, and if he fell, this "nuda voluntas testatoris" was valid. This privilege was extended by Julius Cæsar to those who were "in potestate patris." "Liberam testandi factionem concessit, D. Julius Cæsar: sed ea concessio temporalis erat: postea vero D. Titus dedit: post hoc Domitianus: postea Divis Nerva plenissimam indulgentiam in milites contulit: eamque et Trajanus secutus est." "Julius Cæsar granted them the free power of making a will; but this was only a temporary privilege. It was renewed by Titus and Domitian. Nerva afterward bestowed on them full powers, which were continued to them by Trajan." Vid. Ulpian, 23, § 10. The old Schol., however, says this privilege was confined to the "peculium Castrense;" but he is probably mistaken.
[1165]Labor.Ruperti suggests "favor," to avoid the harshness of the phrase "laborreddit sua donalabori." Browne readsreddi.
[1165]Labor.Ruperti suggests "favor," to avoid the harshness of the phrase "laborreddit sua donalabori." Browne readsreddi.
[1166]Dona.Cf. Sil., xv., 254, "Tum merita æquanturdoniset præmia Virtus sanguine parta capit: Phaleris hic pectora fulget: Hic torque aurato circumdat bellica colla."
[1166]Dona.Cf. Sil., xv., 254, "Tum merita æquanturdoniset præmia Virtus sanguine parta capit: Phaleris hic pectora fulget: Hic torque aurato circumdat bellica colla."
[1167]Phaleris.Cf. ad xi., 103, "Ut phaleris gauderet equus." Siccius Dentatus is said to have had 25 phaleræ, 83 torques, 18 hastæ puræ,160bracelets, 14 civic, 8 golden, 3 mural, and 1 obsidional crown. Plin., VII., xxviii., 9; xxxiii., 2.Here the Satire terminates abruptly. The conclusion is too tame to be such as Juvenal would have left it, even were the whole subject thoroughly worked up. It is probably an unfinished draught. The commentators are nearly equally balanced as to its being the work of Juvenal or not; but one or two of the touches are too masterly to be by any other hand.
[1167]Phaleris.Cf. ad xi., 103, "Ut phaleris gauderet equus." Siccius Dentatus is said to have had 25 phaleræ, 83 torques, 18 hastæ puræ,160bracelets, 14 civic, 8 golden, 3 mural, and 1 obsidional crown. Plin., VII., xxviii., 9; xxxiii., 2.
Here the Satire terminates abruptly. The conclusion is too tame to be such as Juvenal would have left it, even were the whole subject thoroughly worked up. It is probably an unfinished draught. The commentators are nearly equally balanced as to its being the work of Juvenal or not; but one or two of the touches are too masterly to be by any other hand.