[725] The intercalary month was inserted between the 23rd and 24th of February. Whether it was to be inserted or not depended on the pontifices, who kept their secret jealously. If it is inserted, Cicero will be kept all the longer in town with senatorial and legal business, and so be prevented from seeing Marius, who lived near his Pompeian villa.
[726] It is to be observed that at this time Pompey is reckoned as inclined to the populares. His legislation in B.C. 70 had been somewhat in their favour; but he had not, as a fact, ever declared himself either way.
[727] C. Antonius, impeached by Cæsar for plundering Macedonia, appellavit tribunos iuravitque se forum eiurare, quod æquo iure uti non posset (Ascon. § 84). His offences in Macedonia, where he had been left by Sulla, were in B.C. 83-80; his impeachment, B.C. 76; his expulsion from the senate, B.C. 70.
[728] M. Marius Gratidianus (Ascon. § 84). These denunciations of Antonius and Catiline seem to be taken from the oration in toga candida.
[729] Cælius, consul B.C. 94 with Cn. Domitius Ahenobarbus.
[730] Cicero, of course, was now a senator, but he was the first of his family who had been so. The others who came forward for the consulship were two patricians, P. Sulpicius Galba, L. Sergius Catilina; four plebeians, C. Antonius, L. Cassius Longinus, whom Asconius calls nobiles, i.e., members of families who had held curule office; and Q. Cornificius and C. Licinius Sacerdos, whose families had only recently risen to this position, tantum non primi ex familiis suis magistratum adepti erant (Asc.)
[731] He hints, I think, at Cæsar, who supported Antonius and Catiline, and also the Luculli, who were opponents of Pompey.
[732] C. Fundanius, defended by Cicero B.C. 66, fr. p. 216. Q. Gallius, defended by Cicero on ambitus B.C. 64, fr. p. 217 (Brut. § 277). C. Cornelius, quæstor of Pompey, tr. pl. B.C. 67, defended by Cicero B.C. 65 (Ascon. § 56 seq.) C. Orchivius, Cicero's colleague in prætorship B.C. 66 (Or. § 160). We don't know on what charge Cicero defended him. The passage in pro Cluent. § 147, does not mean that he was accused of peculatus, but that he presided over trials of peculatus as prætor.
[733] Manilius, tr. pl. B.C. 66, proposed the law for appointing Pompey to supersede Lucullus in the East. After his year of office he was accused of maiestas, and later on of repetundæ, but apparently neither case came on. C. Cornelius, tr. pl. B.C. 57, was accused of maiestas in B.C. 55, and defended by Cicero. He had become alienated from the senate by its opposition to his legislation against usury in the provinces, and the case made a great sensation.
[734] From fio, according to Cicero, credamusque quia "fiat" quod dictum est, appellatam fidem (de Off. i. § 23). He is referring to his promise to emancipate Tiro on a particular day.