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[p. 397] put aside what could not be denied. For when he wished to buy a house on the Palatine, and did not have the ready money, he received a loan of 2,000,000 sesterces 1 privately from Publius Sulla, who was at the time under accusation. 2 But before he bought the house, the transaction became known and reached the ears of the people, and he was charged with having received money from an accused man for the purpose of buying a house. Then Cicero, disturbed by the unexpected reproach, said that he had not received the money and also declared that he had no intention of buying a house, adding: “Therefore, if I buy the house, let it be considered that I did receive the money.” But when later he had bought the house and was twitted in the senate with this falsehood by friends, he laughed heartily, saying as he did so: “You are men devoid of common sense, if you do not know that it is the part of a prudent and careful head of a family to get rid of rival purchasers by declaring that he does not intend to buy something that he wishes to purchase.”


XIII

[13arg] What is meant by the expression “within the Kalends,” whether it signifies “before the Kalends” or “on the Kalends,” or both; also the meaning of “within the Ocean” and “within Mount Taurus” in a speech of Marcus Tullius, and of “within the limit” in one of his letters.


WHEN I had been named by the consuls a judge extraordinary at Rome, 3 and ordered to give judgment “within the Kalends,” I asked Sulpicius Apollinaris,

1 About $100,000 or £20,000.

2 He was charged with participation in the conspiracy of Catiline.

3 From early times the examination of the evidence in cases at law was turned over by the magistrates to private persons, who acted under instruction from the magistrate. Lawsuits consisted of two parts: a preliminary hearing before the magistrate (in iure) and the proceedings in iudicio before the private judge. Gellius mentions a similar appointment by the praetors in xiv. 2. 1.

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