[38] Cato afterwards made it a charge against M. Fulvius Nobilior that he had taken Ennius with him on a campaign (Tusc. 1, 3). But Cato used Ennius as soldier while Nobilior employed him as poet. [39] It is difficult, however, to fix the date of this enactment. Some authorities place it after Cato's return from Spain. [40] Livy 34, cc. 1-8. [41] See Livy, 34, 18. [42] _i.e._ he was _legatus consularis_. It was at the time a common thing for ex-consuls to take service under their successors. So Liv. 36, 17, 1, but Cic. Cat. M. c 10 says _tribunus militaris_. [43] Cicero's statements throughout the treatise concerning the relations between Cato and Africanus the elder, particularly in § 77 where Cato calls his enemy _amicissimus_, are audaciously inexact. [44] See Cato M. § 42. [45] We possess the titles of 26 speeches delivered during or concerning his censorship. [46] He is said to have undergone 44 prosecutions, and to have been prosecutor as often. [47] See Lael. 9; Cat. M. 12 and 84. [48] Cf. Livy, 39, 40. [49] The common view is that Cato said nothing of Roman history from 509-266 B.C. [50] Cf. Cic. pro Arch. 7, 16. [51] See Coulanges, 'Ancient City', Bk. II. Ch. 4. [52] See §§ 12, 41 etc. [53] De Or. 2, 170; Fam. 9, 21, 3; Qu. Fr. 2, 3, 3. [54] In _De Re Publica_ 2, 1 Cicero makes Scipio talk extravagantly of Cato. [55] See Introduction to the Laelius, pp. vi, vii. [56] A. = Allen and Greenough's Grammar, Revised Ed.; G. = Gildersleeve's Grammar; H. = Harkness's Grammar, Rev. Ed. of 1881. In quoting from the works of Cicero reference is made to sections, not to chapters. End of Project Gutenberg's Cato Maior de Senectute, by Marcus Tullius Cicero