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diff --git a/11080-0.txt b/11080-0.txt new file mode 100644 index 0000000..f17c2b9 --- /dev/null +++ b/11080-0.txt @@ -0,0 +1,20707 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 11080 *** + +THE + +ORATIONS + +OF + +MARCUS TULLIUS CICERO + +LITERALLY TRANSLATED BY + +C.D. YONGE, M.A. + +FELLOW OF THE ROYAL UNIVERSITY OF IRELAND, ETC. + +VOL. IV. + +CONTAINING + +THE FOURTEEN ORATIONS AGAINST MARCUS ANTONIUS; TO WHICH ARE APPENDED +THE TREATISE ON RHETORICAL INVENTION; THE ORATOR; TOPICS; ON +RHETORICAL PARTITIONS, ETC. + + + +1903 + + +[_Reprinted from Stereotype plates_.] + + + +CONTENTS. + +The Fourteen Orations against M. Antonius, called Philippics:-- + +The First Philippic + +The Second Philippic + +The Third Philippic + +The Fourth Philippic + +The Fifth Philippic + +The Sixth Philippic + +The Seventh Philippic + +The Eighth Philippic + +The Ninth Philippic + +The Tenth Philippic + +The Eleventh Philippic + +The Twelfth Philippic + +The Thirteenth Philippic + +The Fourteenth Philippic + + * * * * * + +TREATISE ON RHETORICAL INVENTION:-- + +Book I. + +Book II. + +THE ORATOR + +TREATISE on TOPICS + +A DIALOGUE CONCERNING ORATORICAL PARTITIONS + +TREATISE ON THE BEST STYLE OF ORATORS + +THE FOURTEEN ORATIONS OF M.T. CICERO AGAINST MARCUS ANTONIUS, CALLED +PHILIPPICS. + + +THE FIRST PHILIPPIC. + + +THE ARGUMENT + + +When Julius, or, as he is usually called by Cicero Caius Caesar was +slain on the 15th of March, A.U.C. 710, B.C. 44 Marcus Antonius +was his colleague in the consulship, and he, being afraid that the +conspirators might murder him too, (and it is said that they had +debated among themselves whether they would or no) concealed himself +on that day and fortified his house, till perceiving that nothing +was intended against him, he ventured to appear in public the day +following. Lepidus was in the suburbs of Rome with a regular army, +ready to depart for the government of Spain, which had been assigned +to him with a part of Gaul. In the night, after Caesar's death he +occupied the forum with his troops and thought of making himself +master of the city, but Antonius dissuaded him from that idea and won +him over to his views by giving his daughter in marriage to Lepidus's +son, and by assisting him to seize on the office of Pontifex Maximus, +which was vacant by Caesar's death. + +To the conspirators he professed friendship, sent his son among them +as a hostage of his sincerity, and so deluded them, that Brutus supped +with Lepidus, and Cassius with Antonius. By these means he got them to +consent to his passing a decree for the confirmation of all Caesar's +acts, without describing or naming them more precisely. At last, on +the occasion of Caesar's public funeral, he contrived so to inflame the +populace against the conspirators, that Brutus and Cassius had some +difficulty in defending their houses and their lives and he gradually +alarmed them so much, and worked so cunningly on their fears that they +all quitted Rome. Cicero also left Rome, disapproving greatly of the +vacillation and want of purpose in the conspirators. On the first of +June Antonius assembled the senate to deliberate on the affairs of +the republic, and in the interval visited all parts of Italy. In the +meantime young Octavius appeared on the stage; he had been left by +Caesar, who was his uncle, the heir to his name and estate. He returned +from Apollonia, in Macedonia, to Italy as soon as he heard of his +uncle's death, and arrived at Naples on the eighteenth of April, where +he was introduced by Hirtius and Pansa to Cicero, whom he promised +to be guided in all respects by his directions. He was now between +eighteen and nineteen years of age. + +He began by the representation of public spectacles and games in +honour of Caesar's victories. In the meantime Antonius, in his progress +through Italy, was making great use of the decree confirming all +Caesar's acts, which he interpolated and forged in the most shameless +manner. Among other things he restored Deiotarus to all his dominions, +having been bribed to do so by a hundred millions of sesterces by the +king's agents, but Deiotarus himself, as soon as he heard of Caesar's +death, seized all his dominions by force. He also seized the public +treasure which Caesar had deposited in the temple of Ops, amounting to +above four millions and a half of our money, and with this he won over +Dolabella,[1] who had seized the consulship on the death of Caesar, and +the greater part of the army. + +At the end of May Cicero began to return towards Rome, in order to +arrive there in time for the meeting of the senate on the first of +June, but many of his friends dissuaded him from entering the city, +and at last he determined not to appear in the senate on that day, but +to make a tour in Greece, to assist him in which, Dolabella named +him one of his lieutenants. Antonius also gave Brutus and Cassius +commissions to buy corn in Asia and Sicily for the use of the +republic, in order to keep them out of the city. + +Meantime Sextus Pompeius, who was at the head of a considerable +army in Spain, addressed letters to the consuls proposing terms +of accommodation, which after some debate, and some important +modifications, were agreed to, and he quitted Spain, and came as far +as Marseilles on his road towards Rome. + +Cicero having started for Greece was forced to put back by contrary +winds, and returned to Velia on the seventeenth of August, where he +had a long conference with Brutus, who soon after left Italy for his +province of Macedonia, which Caesar had assigned him before his death, +though Antonius now wished to compel him to exchange it for Crete. +After this conference Cicero returned to Rome, where he was received +with unexampled joy, immense multitudes thronging out to meet him, and +to escort him into the city. He arrived in Rome on the last day of +August. The next day the senate met, to which he was particularly +summoned by Antonius, but he excused himself as not having recovered +from the fatigue of his journey. + +Antonius was greatly offended, and in his speech in the senate +threatened openly to order his house to be pulled down, the real +reason of Cicero's absenting himself from the senate being, that the +business of the day was to decree some new and extraordinary honours +to Caesar, and to order supplications to him as a divinity, which +Cicero was determined not to concur in, though he knew it would be +useless to oppose them. + +The next day also the senate met, and Antonius absented himself, but +Cicero came down and delivered the following speech, which is +the first of that celebrated series of fourteen speeches made in +opposition to Antonius and his measures, and called Philippics from +the orations of Demosthenes against Philip, to which the Romans were +in the habit of comparing them.[2] + +I. Before, O conscript fathers, I say those things concerning the +republic which I think myself bound to say at the present time, I +will explain to you briefly the cause of my departure from, and of +my return to the city. When I hoped that the republic was at last +recalled to a proper respect for your wisdom and for your authority, I +thought that it became me to remain in a sort of sentinelship, which +was imposed upon me by my position as a senator and a man of consular +rank. Nor did I depart anywhere, nor did I ever take my eyes off from +the republic, from the day on which we were summoned to meet in the +temple of Tellus,[3] in which temple, I, as far as was in my power, +laid the foundations of peace, and renewed the ancient precedent set +by the Athenians, I even used the Greek word,[4] which that city +employed in those times in allaying discords, and gave my vote that +all recollection of the existing dissensions ought to be effaced by +everlasting oblivion. + +The oration then made by Marcus Antonius was an admirable one, his +disposition, too, appeared excellent, and lastly, by his means and +by his sons', peace was ratified with the most illustrious of the +citizens, and everything else was consistent with this beginning. He +invited the chief men of the state to those deliberations which +he held at his own house concerning the state of the republic, he +referred all the most important matters to this order. Nothing was +at that time found among the papers of Caius Caesar except what was +already well known to everybody, and he gave answers to every question +that was asked of him with the greatest consistency. Were any exiles +restored? He said that one was, and only one. Were any immunities +granted? He answered, None. He wished us even to adopt the proposition +of Servius Sulpicius, that most illustrious man, that no tablet +purporting to contain any decree or grant of Caesar's should be +published after the Ides of March were expired. I pass over many +other things, all excellent--for I am hastening to come to a very +extraordinary act of virtue of Marcus Antonius. He utterly abolished +from the constitution of the republic the Dictatorship, which had by +this time attained to the authority of regal power. And that measure +was not even offered to us for discussion. He brought with him a +decree of the senate, ready drawn up, ordering what he chose to have +done: and when it had been read, we all submitted to his authority in +the matter with the greatest eagerness; and, by another resolution +of the senate, we returned him thanks in the most honourable and +complimentary language. + +II. A new light, as it were, seemed to be brought over us, now that +not only the kingly power which we had endured, but all fear of such +power for the future, was taken away from us; and a great pledge +appeared to have been given by him to the republic that he did wish +the city to be free, when he utterly abolished out of the republic the +name of dictator, which had often been a legitimate title, on account +of our late recollection of a perpetual dictatorship. A few days +afterwards the senate was delivered from the danger of bloodshed, and +a hook[5] was fixed into that runaway slave who had usurped the name +of Caius Marius. And all these things he did in concert with his +colleague. Some other things that were done were the acts of Dolabella +alone; but, if his colleague had not been absent, would, I believe, +have been done by both of them in concert. + +For when enormous evil was insinuating itself into the republic, and +was gaining more strength day by day; and when the same men were +erecting a tomb[6] in the forum, who had performed that irregular +funeral; and when abandoned men, with slaves like themselves, were +every day threatening with more and more vehemence all the houses and +temples of the city; so severe was the rigour of Dolabella, not +only towards the audacious and wicked slaves, but also towards the +profligate and unprincipled freemen, and so prompt was his overthrow +of that accursed pillar, that it seems marvellous to me that the +subsequent time has been so different from that one day. + +For behold, on the first of June, on which day they had given notice +that we were all to attend the senate, everything was changed. +Nothing was done by the senate, but many and important measures were +transacted by the agency of the people, though that people was both +absent and disapproving. The consuls elect said, that they did not +dare to come into the senate. The liberators of their country were +absent from that city from the neck of which they had removed the yoke +of slavery; though the very consuls themselves professed to praise +them in their public harangues and in all their conversation. Those +who were called Veterans, men of whose safety this order had been most +particularly careful, were instigated not to the preservation of those +things which they had, but to cherish hopes of new booty. And as I +preferred hearing of those things to seeing them, and as I had an +honorary commission as lieutenant, I went away, intending to be +present on the first of January, which appeared likely to be the first +day of assembling the senate. + +III. I have now explained to you, O conscript fathers, my design +in leaving the city. Now I will briefly set before you, also, my +intention in returning, which may perhaps appear more unaccountable. +As I had avoided Brundusium, and the ordinary route into Greece, not +without good reason, on the first of August I arrived at Syracuse, +because the passage from that city into Greece was said to be a good +one. And that city, with which I had so intimate a connexion, could +not, though it was very eager to do so, detain me more than one night. +I was afraid that my sudden arrival among my friends might cause some +suspicion if I remained there at all. But after the winds had driven +me, on my departure from Sicily, to Leucopetra, which is a promontory +of the Rhegian district, I went up the gulf from that point, with the +view of crossing over. And I had not advanced far before I was driven +back by a foul wind to the very place which I had just quitted. And as +the night was stormy, and as I had lodged that night in the villa of +Publius Valerius, my companion and intimate friend, and as I remained +all the nest day at his house waiting for a fair wind, many of the +citizens of the municipality of Rhegium came to me. And of them there +were some who had lately arrived from Rome; from them I first heard +of the harangue of Marcus Antonius, with which I was so much pleased +that, after I had read it, I began for the first time to think of +returning. And not long afterwards the edict of Brutus and Cassius is +brought to me; which (perhaps because I love those men, even more for +the sake of the republic than of my own friendship for them) appeared +to me, indeed, to be full of equity. They added besides, (for it is a +very common thing for those who are desirous of bringing good news to +invent something to make the news which they bring seem more joyful,) +that parties were coming to an agreement; that the senate was to +meet on the first of August; that Antonius having discarded all evil +counsellors, and having given up the provinces of Gaul, was about to +return to submission to the authority of the senate. + +IV. But on this I was inflamed with such eagerness to return, that no +oars or winds could be fast enough for me; not that I thought that I +should not arrive in time, but lest I should be later than I wished in +congratulating the republic; and I quickly arrived at Velia, where I +saw Brutus; how grieved I was, I cannot express. For it seemed to be +a discreditable thing for me myself, that I should venture to return +into that city from which Brutus was departing, and that I should be +willing to live safely in a place where he could not. But he himself +was not agitated in the same manner that I was; for, being elevated +with the consciousness of his great and glorious exploit, he had no +complaints to make of what had befallen him, though he lamented your +fate exceedingly. And it was from him that I first heard what had been +the language of Lucius Piso, in the senate of August; who, although +he was but little assisted (for that I heard from Brutus himself) by +those who ought to have seconded him, still according to the testimony +of Brutus, (and what evidence can be more trustworthy?) and to the +avowal of every one whom I saw afterwards, appeared to me to have +gained great credit. I hastened hither, therefore, in order that as +those who were present had not seconded him, I might do so; not with +the hope of doing any good, for I neither hoped for that, nor did I +well see how it was possible; but in order that if anything happened +to me, (and many things appeared to be threatening me out of the +regular course of nature, and even of destiny,) I might still leave +my speech on this day as a witness to the republic of my everlasting +attachment to its interests. + +Since, then, O conscript fathers, I trust that the reason of my +adopting each determination appears praiseworthy to you, before I +begin to speak of the republic, I will make a brief complaint of the +injury which Marcus Antonius did me yesterday, to whom I am friendly, +and I have at all times admitted having received some services from +him which make it my duty to be so. + +V. What reason had he then for endeavouring, with such bitter +hostility, to force me into the senate yesterday? Was I the only +person who was absent? Have you not repeatedly had thinner houses than +yesterday? Or was a matter of such importance under discussion, that +it was desirable for even sick men to be brought down? Hannibal, I +suppose, was at the gates, or there was to be a debate about peace +with Pyrrhus, on which occasion it is related that even the great +Appius, old and blind as he was, was brought down to the senate-house. +There was a motion being made about some supplications, a kind of +measure when senators are not usually wanting, for they are under the +compulsion, not of pledges, but of the influence of those men whose +honour is being complimented, and the case is the same when the motion +has reference to a triumph. The consuls are so free from anxiety at +these times, that it is almost entirely free for a senator to absent +himself if he pleases. And as the general custom of our body was well +known to me, and as I was hardly recovered from the fatigue of my +journey, and was vexed with myself, I sent a man to him, out of regard +for my friendship to him, to tell him that I should not be there. But +he, in the hearing of you all, declared that he would come with +masons to my house; this was said with too much passion and very +intemperately. For, for what crime is there such a heavy punishment +appointed as that, that any one should venture to say in this assembly +that he, with the assistance of a lot of common operatives, would pull +down a house which had been built at the public expense in accordance +with a vote of the senate? And who ever employed such compulsion +as the threat of such an injury as to a senator? or what severer +punishment has ever been he himself was unable to perform? As, in +fact, he has failed to perform many promises made to many people. And +a great many more of those promises have been found since his death, +than the number of all the services which he conferred on and did to +people during all the years that he was alive would amount to. + +But all those things I do not change, I do not meddle with. Nay, I +defend all his good acts with the greatest earnestness. Would that the +money remained in the temple of Opis! Bloodstained, indeed, it may be, +but still needful at these times, since it is not restored to those to +whom it really belongs.[7] Let that, however, be squandered too, if +it is so written in his acts. Is there anything whatever that can be +called so peculiarly the act of that man who, while clad in the robe +of peace, was yet invested with both civil and military command in +the republic, as a law of his? Ask for the acts of Gracchus, the +Sempronian laws will be brought forward; ask for those of Sylla, you +will have the Cornelian laws. What more? In what acts did the third +consulship of Cnaeus Pompeius consist? Why, in his laws. And if you +could ask Caesar himself what he had done in the city and in the garb +of peace, he would reply that he had passed many excellent laws; but +his memoranda he would either alter or not produce at all; or, if +he did produce them, he would not class them among his acts. But, +however, I allow even these things to pass for acts; at some things I +am content to wink; but I think it intolerable that the acts of Caesar +in the most important instances, that is to say, in his laws, are to +be annulled for their sake. + +VIII. What law was ever better, more advantageous, more frequently +demanded in the best ages of the republic, than the one which forbade +the praetorian provinces to be retained more than a year, and the +consular provinces more than two? If this law be abrogated, do you +think that the acts of Caesar are maintained? What? are not all the +laws of Caesar respecting judicial proceedings abrogated by the law +which has been proposed concerning the third decury? And are you the +defenders of the acts of Caesar who overturn his laws? Unless, indeed, +anything which, for the purpose of recollecting it, he entered in a +note-book, is to be counted among his acts, and defended, however +unjust or useless it may be; and that which he proposed to the people +in the comitia centuriata and carried, is not to be accounted one +of the acts of Caesar. But what is that third decury? The decury of +centurions, says he. What? was not the judicature open to that order +by the Julian law, and even before that by the Pompeian and Aurelian +laws? The income of the men, says he, was exactly defined. Certainly, +not only in the case of a centurion, but in the case, too, of a Roman +knight. Therefore, men of the highest honour and of the greatest +bravery, who have acted as centurions, are and have been judges. I am +not asking about those men, says he. Whoever has acted as centurion, +let him be a judge. But if you were to propose a law, that whoever had +served in the cavalry, which is a higher post, should be a judge, you +would not be able to induce any one to approve of that; for a man's +fortune and worth ought to be regarded in a judge. I am not asking +about those points, says he; I am going to add as judges, common +soldiers of the legion of Alaudae;[8] for our friends say, that that +is the only measure by which they can be saved. Oh what an insulting +compliment it is to those men whom you summon to act as judges though +they never expected it! For the effect of the law is, to make those +men judges in the third decury who do not dare to judge with freedom. +And in that how great, O ye immortal gods! is the error of those men +who have desired that law. For the meaner the condition of each judge +is, the greater will be the severity of judgment with which he will +seek to efface the idea of his meanness; and he will strive rather to +appear worthy of being classed in the honourable decuries, than to +have deservedly ranked in a disreputable one. + +IX. Another law was proposed, that men who had been condemned of +violence and treason may appeal to the public if they please. Is this +now a law, or rather an abrogation of all laws? For who is there at +this day to whom it is an object that that law should stand? No one is +accused under those laws; there is no one whom we think likely to be +so accused. For measures which have been carried by force of arms will +certainly never be impeached in a court of justice. But the measure is +a popular one. I wish, indeed, that you were willing to promote any +popular measure; for, at present, all the citizens agree with one +mind and one voice in their view of its bearing on the safety of the +republic. + +What is the meaning, then, of the eagerness to pass the law which +brings with it the greatest possible infamy, and no popularity at all? +For what can be more discreditable than for a man who has committed +treason against the Roman people by acts of violence, after he has +been condemned by a legal decision, to be able to return to that very +course of violence, on account of which he has been condemned? But why +do I argue any more about this law? as if the object aimed at were to +enable any one to appeal? The object is, the inevitable consequence +must be, that no one can ever be prosecuted under those laws. For +what prosecutor will be found insane enough to be willing, after the +defendant has been condemned, to expose himself to the fury of a +hired mob? or what judge will be bold enough to venture to condemn a +criminal, knowing that he will immediately be dragged before a gang of +hireling operatives? It is not, therefore, a right of appeal that is +given by that law, but two most salutary laws and modes of judicial +investigation that are abolished. And what is this but exhorting young +men to be turbulent, seditious, mischievous citizens? + +To what extent of mischief will it not be possible to instigate the +frenzy of the tribunes now that these two rights of impeachment for +violence and for treason are annulled? What more? Is not this a +substitution of a new law for the laws of Caesar, which enact that +every man who has been convicted of violence, and also every man who +has been convicted of treason, shall be interdicted from fire and +water? And, when those men have a right of appeal given them, are not +the acts of Caesar rescinded? And those acts, O conscript fathers, +I, who never approved of them, have still thought it advisable to +maintain for the sake of concord, so that I not only did not think +that the laws which Caesar had passed in his lifetime ought to be +repealed, but I did not approve of meddling with those even which +since the death of Caesar you have seen produced and published. + +X. Men have been recalled from banishment by a dead man; the freedom +of the city has been conferred, not only on individuals, but on entire +nations and provinces by a dead man; our revenues have been diminished +by the granting of countless exemptions by a dead man. Therefore, do +we defend these measures which have been brought from his house on the +authority of a single, but, I admit, a very excellent individual, and +as for the laws which he, in your presence, read, and declared, and +passed,--in the passing of which he gloried, and on which he believed +that the safety of the republic depended, especially those concerning +provinces and concerning judicial proceedings,--can we, I say, we who +defend the acts of Caesar, think that those laws deserve to be upset? + +And yet, concerning those laws which were proposed, we have, at all +events, the power of complaining, but concerning those which are +actually passed we have not even had that privilege. For they, without +any proposal of them to the people, were passed before they were +framed. Men ask, what is the reason why I, or why any one of you, O +conscript fathers, should be afraid of bad laws while we have virtuous +tribunes of the people? We have men ready to interpose their veto, +ready to defend the republic with the sanctions of religion. We ought +to be strangers to fear. What do you mean by interposing the veto? +says he, what are all these sanctions of religion which you are +talking about? Those, forsooth, on which the safety of the republic +depends. We are neglecting those things, and thinking them too +old-fashioned and foolish. The forum will be surrounded, every +entrance of it will be blocked up, armed men will be placed in +garrison, as it were, at many points. What then?--whatever is +accomplished by those means will be law. And you will order, I +suppose, all those regularly passed decrees to be engraved on brazen +tablets "The consuls consulted the people in regular form," (Is this +the way of consulting the people that we have received from our +ancestors?) "and the people voted it with due regularity" What people? +that which was excluded from the forum? Under what law did they do so? +under that which has been wholly abrogated by violence and arms? But +I am saying all this with reference to the future, because it is the +part of a friend to point out evils which may be avoided and if they +never ensue, that will be the best refutation of my speech. I am +speaking of laws which have been proposed, concerning which you have +still full power to decide either way. I am pointing out the defects, +away with them! I am denouncing violence and arms, away with them too! + +XI. You and your colleague, O Dolabella, ought not, indeed, to be +angry with me for speaking in defence of the republic. Although I do +not think that you yourself will be; I know your willingness to listen +to reason. They say that your colleague, in this fortune of his, which +he himself thinks so good, but which would seem to me more favourable +if (not to use any harsh language) he were to imitate the example set +him by the consulship of his grandfathers and of his uncle,--they say +that he has been exceedingly offended. And I see what a formidable +thing it is to have the same man angry with me and also armed; +especially at a time when men can use their swords with such impunity. +But I will propose a condition which I myself think reasonable, and +which I do not imagine Marcus Antonius will reject. If I have said +anything insulting against his way of life or against his morals, +I will not object to his being my bitterest enemy. But if I have +maintained the same habits that I have already adopted in the +republic,--that is, if I have spoken my opinions concerning the +affairs of the republic with freedom,--in the first place, I beg that +he will not be angry with me for that; but, in the next place, if I +cannot obtain my first request, I beg at least that he will show his +anger only as he legitimately may show it to a fellow-citizen. + +Let him employ arms, if it is necessary, as he says it is, for his own +defence: only let not those arms injure those men who have declared +their honest sentiments in the affairs of the republic. Now, what can +be more reasonable than this demand? But if, as has been said to me by +some of his intimate friends, every speech which is at all contrary +to his inclination is violently offensive to him, even if there be no +insult in it whatever; then we will bear with the natural disposition +of our friend. But those men, at the same time, say to me, "You will +not have the same licence granted to you who are the adversary of +Caesar as might be claimed by Piso his father-in-law." And then they +warn me of something which I must guard against; and certainly, the +excuse which sickness supplies me with, for not coming to the senate, +will not be a more valid one than that which is furnished by death. + +XII. But, in the name of the immortal gods! for while I look upon you, +O Dolabella, who are most dear to me, it is impossible for me to keep +silence respecting the error into which you are both falling; for I +believe that you, being both men of high birth, entertaining lofty +views, have been eager to acquire, not money, as some too credulous +people suspect, a thing which has at all times been scorned by every +honourable and illustrious man, nor power procured by violence and +authority such as never ought to be endured by the Roman people, but +the affection of your fellow-citizens, and glory. But glory is praise +for deeds which have been done, and the fame earned by great services +to the republic; which is approved of by the testimony borne in its +favour, not only by every virtuous man, but also by the multitude. I +would tell you, O Dolabella, what the fruit of good actions is, if I +did not see that you have already learnt it by experience beyond all +other men. + +What day can you recollect in your whole life, as ever having beamed +on you with a more joyful light than the one on which, having purified +the forum, having routed the throng of wicked men, having inflicted +due punishment on the ringleaders in wickedness, and having delivered +the city from conflagration and from fear of massacre, you returned to +your house? What order of society, what class of people, what rank of +nobles even was there who did not then show their zeal in praising and +congratulating you? Even I, too, because men thought that you had been +acting by my advice in those transactions, received the thanks and +congratulations of good men in your name. Remember, I pray you, O +Dolabella, the unanimity displayed on that day in the theatre, when +every one, forgetful of the causes on account of which they had been +previously offended with you, showed that in consequence of your +recent service they had banished all recollection of their former +indignation. Could you, O Dolabella, (it is with great concern that I +speak,)--could you, I say, forfeit this dignity with equanimity? + +XIII. And you, O Marcus Antonius, (I address myself to you, though +in your absence,) do you not prefer that day on which the senate was +assembled in the temple of Tellus, to all those months during which +some who differ greatly in opinion from me think that you have been +happy? What a noble speech was that of yours about unanimity! From +what apprehensions were the veterans, and from what anxiety was the +whole state relieved by you on that occasion! when, having laid aside +your enmity against him, you on that day first consented that your +present colleague should be your colleague, forgetting that the +auspices had been announced by yourself as augur of the Roman people; +and when your little son was sent by you to the Capitol to be a +hostage for peace. On what day was the senate ever more joyful than on +that day? or when was the Roman people more delighted? which had never +met in greater numbers in any assembly whatever. Then, at last, we did +appear to have been really delivered by brave men, because, as they +had willed it to be, peace was following liberty On the next day, on +the day after that, on the third day, and on all the following days, +you went on without intermission giving every day, as it were, some +fresh present to the republic, but the greatest of all presents was +that, when you abolished the name of the dictatorship. This was in +effect branding the name of the dead Caesar with everlasting ignominy, +and it was your doing,--yours, I say. For as, on account of the +wickedness of one Marcus Manlius, by a resolution of the Manlian +family it is unlawful that any patrician should be called Manlius, so +you, on account of the hatred excited by one dictator, have utterly +abolished the name of dictator. + +When you had done these mighty exploits for the safety of the +republic, did you repent of your fortune, or of the dignity and renown +and glory which you had acquired? Whence then is this sudden change? I +cannot be induced to suspect that you have been caught by the desire +of acquiring money; every one may say what he pleases, but we are not +bound to believe such a thing; for I never saw anything sordid or +anything mean in you. Although a man's intimate friends do sometimes +corrupt his natural disposition, still I know your firmness; and I +only wish that, as you avoid that fault, you had been able also to +escape all suspicion of it. + +XIV. What I am more afraid of is lest, being ignorant of the true path +to glory, you should think it glorious for you to have more power by +yourself than all the rest of the people put together, and lest you +should prefer being feared by your fellow-citizens to being loved by +them. And if you do think so, you are ignorant of the road to glory. +For a citizen to be dear to his fellow-citizens, to deserve well +of the republic, to be praised, to be respected, to be loved, is +glorious; but to be feared, and to be an object of hatred, is odious, +detestable; and moreover, pregnant with weakness and decay. And we see +that, even in the play, the very man who said, + + "What care I though all men should hate my name, + So long as fear accompanies their hate?" + +found that it was a mischievous principle to act upon. + +I wish, O Antonius, that you could recollect your grand father of +whom, however, you have repeatedly heard me speak. Do you think that +he would have been willing to deserve even immortality, at the price +of being feared in consequence of his licentious use of arms? What he +considered life, what he considered prosperity, was the being equal to +the rest of the citizens in freedom, and chief of them all in worth. +Therefore, to say no more of the prosperity of your grandfather, I +should prefer that most bitter day of his death to the domination of +Lucius Cinna, by whom he was most barbarously slain. + +But why should I seek to make an impression on you by my speech? For, +if the end of Caius Caesar cannot influence you to prefer being loved +to being feared, no speech of any one will do any good or have any +influence with you; and those who think him happy are themselves +miserable. No one is happy who lives on such terms that he may be put +to death not merely with impunity, but even to the great glory of his +slayer. Wherefore, change your mind, I entreat you, and look back +upon your ancestors, and govern the republic in such a way that your +fellow-citizens may rejoice that you were born; without which no one +can be happy nor illustrious. + +XV. And, indeed, you have both of you had many judgments delivered +respecting you by the Roman people, by which I am greatly concerned +that you are not sufficiently influenced. For what was the meaning +of the shouts of the innumerable crowd of citizens collected at the +gladiatorial games? or of the verses made by the people? or of the +extraordinary applause at the sight of the statue of Pompeius? and at +that sight of the two tribunes of the people who are opposed to you? +Are these things a feeble indication of the incredible unanimity of +the entire Roman people? What more? Did the applause at the games of +Apollo, or, I should rather say, testimony and judgment there given +by the Roman people, appear to you of small importance? Oh! happy are +those men who, though they themselves were unable to be present on +account of the violence of arms, still were present in spirit, and +had a place in the breasts and hearts of the Roman people. Unless, +perhaps, you think that it was Accius who was applauded on that +occasion, and who bore off the palm sixty years after his first +appearance, and not Brutus, who was absent from the games which he +himself was exhibiting, while at that most splendid spectacle the +Roman people showed their zeal in his favour though he was absent, and +soothed their own regret for their deliverer by uninterrupted applause +and clamour. + +I myself, indeed, am a man who have at all times despised that +applause which is bestowed by the vulgar crowd, but at the same time, +when it is bestowed by those of the highest, and of the middle, and of +the lowest rank, and, in short, by all ranks together, and when those +men who were previously accustomed to aim at nothing but the favour +of the people keep aloof, I then think that, not mere applause, but a +deliberate verdict. If this appears to you unimportant, which is in +reality most significant, do you also despise the fact of which you +have had experience,--namely, that the life of Aulus Hirtius is so +dear to the Roman people? For it was sufficient for him to be esteemed +by the Roman people as he is; to be popular among his friends, in +which respect he surpasses everybody; to be beloved by his own +kinsmen, who do love him beyond measure; but in whose case before +do we ever recollect such anxiety and such fear being manifested? +Certainly in no one's. + +What, then, are we to do? In the name of the immortal gods, can you +interpret these facts, and see what is their purport? What do you +think that those men think of your lives, to whom the lives of those +men who they hope will consult the welfare of the republic are so +dear? I have reaped, O conscript fathers, the reward of my return, +since I have said enough to bear testimony of my consistency whatever +event may befall me, and since I have been kindly and attentively +listened to by you. And if I have such opportunities frequently +without exposing both myself and you to danger, I shall avail myself +of them. If not, as far as I can I shall reserve myself not for +myself, but rather for the republic. I have lived long enough for the +course of human life, or for my own glory. If any additional life is +granted to me, it shall be bestowed not so much on myself as on you +and on the republic. + + + + +THE SECOND SPEECH OF M.T. CICERO AGAINST MARCUS ANTONIUS. + +CALLED ALSO THE SECOND PHILIPPIC. + + * * * * * + +THE ARGUMENT. + + +This second speech was not actually spoken at all. Antonius was +greatly enraged at the first speech, and summoned another meeting of +the senate for the nineteenth day of the month, giving Cicero especial +notice to be present, and he employed the interval in preparing an +invective against Cicero, and a reply to the first Philippic. The +senate met in the temple of Concord, but Cicero himself was persuaded +not to attend by his friends, who were afraid of Antonius proceeding +to actual violence against him, (and indeed he brought a strong guard +of armed men with him to the senate) He spoke with the greatest fury +against Cicero, charging him with having been the principal author and +contriver of Caesar's murder, hoping by this to inflame the soldiers, +whom he had posted within hearing of his harangue. + +Soon after this, Cicero removed to a villa near Naples for greater +safety, and here he composed this second Philippic, which he did not +publish immediately, but contented himself at first with sending a +copy to Brutus and Cassius, who were much pleased with it. + +I. To what destiny of mine, O conscript fathers, shall I say that it +is owing, that none for the last twenty years has been an enemy to the +republic without at the same time declaring war against me? Nor is +there any necessity for naming any particular person; you yourselves +recollect instances in proof of my statement. They have all hitherto +suffered severer punishments than I could have wished for them; but I +marvel that you, O Antonius, do not fear the end of those men whose +conduct you are imitating. And in others I was less surprised at this. +None of those men of former times was a voluntary enemy to me; all of +them were attacked by me for the sake of the republic. But you, who +have never been injured by me, not even by a word, in order to appear +more audacious than Catiline, more frantic than Clodius, have of your +own accord attacked me with abuse, and have considered that your +alienation from me would be a recommendation of you to impious +citizens. + +What am I to think? that I have been despised? I see nothing either in +my life, or in my influence in the city, or in my exploits, or even +in the moderate abilities with which I am endowed, which Antonius +can despise. Did he think that it was easiest to disparage me in the +senate? a body which has borne its testimony in favour of many most +illustrious citizens that they governed the republic well, but in +favour of me alone, of all men, that I preserved it. Or did he wish to +contend with me in a rivalry of eloquence? This, indeed, is an act of +generosity; for what could be a more fertile or richer subject for +me, than to have to speak in defence of myself, and against Antonius? +This, in fact, is the truth. He thought it impossible to prove to the +satisfaction of those men who resembled himself, that he was an enemy +to his country, if he was not also an enemy to me. And before I make +him any reply on the other topics of his speech, I will say a few +words; respecting the friendship formerly subsisting between us, which +he has accused me of violating,--for that I consider a most serious +charge. + +II. He has complained that I pleaded once against his interest. Was +I not to plead against one with whom I was quite I unconnected, in +behalf of an intimate acquaintance, of a dear friend? Was I not to +plead against interest acquired not by hopes of virtue, but by the +disgrace of youth? Was I not to plead against an injustice which that +man procured to be done by the obsequiousness of a most iniquitous +interposer of his veto, not by any law regulating the privileges of +the praetor? But I imagine that this was mentioned by you, in order +that you might recommend yourself to the citizens, if they all +recollected that you were the son-in-law of a freedman, and that your +children were the grandsons of Quintus Fadius a freedman. + +But you had entirely devoted yourself to my principles; (for this is +what you said;) you had been in the habit of coming to my house. In +truth, if you had done so, you would more have consulted your own +character and your reputation for chastity. But you did not do so, +nor, if you had wished it, would Caius Curio have ever suffered you to +do so. You have said, that you retired in my favour from the contest +for the augurship. Oh the incredible audacity! oh the monstrous +impudence of such an assertion! For, at the time when Cnaeus Pompeius +and Quintus Hortensius named me as augur, after I had been wished for +as such by the whole college, (for it was not lawful for me to be +put in nomination by more than two members of the college,) you were +notoriously insolvent, nor did you think it possible for your safety +to be secured by any other means than by the destruction of the +republic. But was it possible for you to stand for the augurship at a +time when Curio was not in Italy? or even at the time when you were +elected, could you have got the votes of one single tribe without the +aid of Curio? whose intimate friends even were convicted of violence +for having been too zealous in your favour. + +III. But I availed myself of your friendly assistance. Of what +assistance? Although the instance which you cite I have myself at +all times openly admitted. I preferred confessing that I was under +obligations to you, to letting myself appear to any foolish person not +sufficiently grateful. However, what was the kindness that you did me? +not killing me at Brundusium? Would you then have slain the man whom +the conqueror himself, who conferred on you, as you used to boast, +the chief rank among all his robbers, had desired to be safe, and had +enjoined to go to Italy? Grant that you could have slain him, is not +this, O conscript fathers, such a kindness as is done by banditti, who +are contented with being able to boast that they have granted their +lives to all those men whose lives they have not taken? and if that +were really a kindness, then these who slew that man by whom they +themselves had been saved, and whom you yourself are in the habit of +styling most illustrious men, would never have acquired such immortal +glory. But what sort of kindness is it, to have abstained from +committing nefarious wickedness? It is a case in which it ought not +to appear so delightful to me not to have been killed by you, as +miserable, that it should have been in your power to do such a thing +with impunity. However, grant that it was a kindness, since no greater +kindness could be received from a robber, still in what point can +you call me ungrateful? Ought I not to complain of the ruin of the +republic, lest I should appear ungrateful towards you? But in that +complaint, mournful indeed and miserable, but still unavoidable for a +man of that rank in which the senate and people of Rome have placed +me, what did I say that was insulting? that was otherwise than +moderate? that was otherwise than friendly? and what instance was it +not of moderation to complain of the conduct of Marcus Antonius, and +yet to abstain from any abusive expressions? especially when you had +scattered abroad all relics of the republic; when everything was on +sale at your house by the most infamous traffic; when you confessed +that those laws which had never been promulgated, had been passed with +reference to you, and by you; when you, being augur, had abolished the +auspices; being consul, had taken away the power of interposing the +veto; when you were escorted in the most shameful manner by armed +guards; when, worn out with drunkenness and debauchery, you were every +day performing all sorts of obscenities in that chaste house of yours. +But I, as if I had to contend against Marcus Crassus, with whom I have +had many severe struggles, and not with a most worthless gladiator, +while complaining in dignified language of the state of the republic, +did not say one word which could be called personal. Therefore, to-day +I will make him understand with what great kindness he was then +treated by me. + +IV. But he also read letters which he said that I had sent to him, +like a man devoid of humanity and ignorant of the common usages of +life. For who ever, who was even but slightly acquainted with the +habits of polite men, produced in an assembly and openly read letters +which had been sent to him by a friend, just because some quarrel had +arisen between them? Is not this destroying all companionship in life, +destroying the means by which absent friends converse together? How +many jests are frequently put in letters, which, if they were produced +in public, would appear stupid! How many serious opinions, which, for +all that, ought not to be published! Let this be a proof of your utter +ignorance of courtesy. Now mark, also, his incredible folly. What +have you to oppose to me, O you eloquent man, as you seem at least +to Mustela Tamisius, and to Tiro Numisius? And while these men are +standing at this very time in the sight of the senate with drawn +swords, I too will think you an eloquent man if you will show how you +would defend them if they were charged with being assassins. However +what answer would you make if I were to deny that I ever sent +those letters to you? By what evidence could you convict me? by my +handwriting? Of handwriting indeed you have a lucrative knowledge.[9] +How can you prove it in that manner? for the letters are written by +an amanuensis. By this time I envy your teacher, who for all that +payment, which I shall mention presently, has taught you to know +nothing. + +For what can be less like, I do not say an orator, but a man, than to +reproach an adversary with a thing which if he denies by one single +word, he who has reproached him cannot advance one step further? But +I do not deny it; and in this very point I convict you not only of +inhumanity but also of madness. For what expression is there in those +letters which is not full of humanity and service and benevolence? and +the whole of your charge amounts to this, that I do not express a bad +opinion of you in those letters; that in them I wrote as to a citizen, +and as to a virtuous man, not as to a wicked man and a robber. But +your letters I will not produce, although I fairly might, now that I +am thus challenged by you; letters in which you beg of me that you may +be enabled by my consent to procure the recall of some one from exile; +and you will not attempt it if I have any objection, and you prevail +on me by your entreaties. For why should I put myself in the way +of your audacity? when neither the authority of this body, nor the +opinion of the Roman people, nor any laws are able to restrain you. +However, what was the object of your addressing these entreaties to +me, if the man for whom you were entreating was already restored by a +law of Caesar's? I suppose the truth was, that he wished it to be done +by me as a favour; in which matter there could not be any favour done +even by himself, if a law was already passed for the purpose. + +V. But as, O conscript fathers, I have many things which I must say +both in my own defence and against Marcus Antonius, one thing I ask +you, that you will listen to me with kindness while I am speaking for +myself; the other I will ensure myself, namely, that you shall listen +to me with attention while speaking against him. At the same time +also, I beg this of you; that if you have been acquainted with my +moderation and modesty throughout my whole life, and especially as a +speaker, you will not, when to-day I answer this man in the spirit +in which he has attacked me, think that I have forgotten my usual +character. I will not treat him as a consul, for he did not treat me +as a man of consular rank; and although he in no respect deserves to +be considered a consul, whether we regard his way of life, or his +principle of governing the republic, or the manner in which he was +elected, I am beyond all dispute a man of consular rank. + +That, therefore, you might understand what sort of a consul he +professed to be himself, he reproached me with my consulship;--a +consulship which, O conscript fathers, was in name, indeed, mine, but +in reality yours. For what did I determine, what did I contrive, what +did I do, that was not determined, contrived, or done, by the counsel +and authority and in accordance with the sentiments of this order? And +have you, O wise man, O man not merely eloquent, dared to find fault +with these actions before the very men by whose counsel and wisdom +they were performed? But who was ever found before, except Publius +Clodius, to find fault with my consulship? And his fate indeed awaits +you, as it also awaited Caius Curio; since that is now in your house +which was fatal to each of them.[10] + +Marcus Antonius disapproves of my consulship; but it was approved of +by Publius Servilius--to name that man first of the men of consular +rank who had died most recently. It was approved of by Quintus +Catulus, whose authority will always carry weight in this republic; +it was approved of by the two Luculli, by Marcus Crassus, by Quintus +Hortensius, by Caius Curio, by Caius Piso, by Marcus Glabrio, by +Marcus Lepidus, by Lucius Volcatius, by Caius Figulus, by Decimus +Silanus and Lucius Murena, who at that time were the consuls elect; +the same consulship also which was approved of by those men of +consular rank, was approved of by Marcus Cato; who escaped many evils +by departing from this life, and especially the evil of seeing you +consul. But, above all, my consulship was approved of by Cnaeus +Pompeius, who, when he first saw me, as he was leaving Syria, +embracing me and congratulating me, said, that it was owing to my +services that he was about to see his country again. But why should I +mention individuals? It was approved of by the senate, in a very full +house, so completely, that there was no one who did not thank me as if +I had been his parent, who did not attribute to me the salvation of +his life, of his fortunes, of his children, and of the republic. + +VI. But, since the republic has been now deprived of those men whom +I have named, many and illustrious as they were, let us come to the +living, since two of the men of consular rank are still left to us: +Lucius Cotta, a man of the greatest genius and the most consummate +prudence, proposed a supplication in my honour for those very actions +with which you find fault, in the most complimentary language, and +those very men of consular rank whom I have named, and the whole +senate, adopted his proposal; an honour which has never been paid to +any one else in the garb of peace from the foundation of the city +to my time. With what eloquence, with what firm wisdom, with what +a weight of authority did Lucius Caesar your uncle, pronounce his +opinion against the husband of his own sister, your stepfather. But +you, when you ought to have taken him as your adviser and tutor in all +your designs, and in the whole conduct of your life, preferred being +like your stepfather to resembling your uncle. I, who had no connexion +with him, acted by his counsels while I was consul. Did you, who +were his sister's son, ever once consult him on the affairs of the +republic? + +But who are they whom Antonius does consult? O ye immortal gods, they +are men whose birthdays we have still to learn. To-day Antonius is not +coming down. Why? He is celebrating the birthday feast at his villa. +In whose honour? I will name no one. Suppose it is in honour of some +Phormio, or Gnatho, or even Ballio.[11] Oh the abominable profligacy +of the man! Oh how intolerable is his impudence, his debauchery, and +his lust! Can you, when you have one of the chiefs of the senate, a +citizen of singular virtue, so nearly related to you, abstain from +ever consulting him on the affairs of the republic, and consult men +who have no property whatever of their own, and are draining yours? + +VII. Yes, your consulship, forsooth, is a salutary one for the state, +mine a mischievous one. Have you so entirely lost all shame as well +as all chastity, that you could venture to say this in that temple +in which I was consulting that senate which formerly in the full +enjoyment of its honours presided over the world? And did you place +around it abandoned men armed with swords? But you have dared besides +(what is there which you would not dare?) to say that the Capitoline +Hill, when I was consul, was full of armed slaves. I was offering +violence to the senate, I suppose, in order to compel the adoption of +those infamous decrees of the senate. O wretched man, whether those +things are not known to you, (for you know nothing that is good,) or +whether they are, when you dare to speak so shamelessly before such +men! For what Roman knight was there, what youth of noble birth except +you, what man of any rank or class who recollected that he was a +citizen, who was not on the Capitoline Hill while the senate was +assembled in this temple? who was there, who did not give in his name? +Although there could not be provided checks enough, nor were the books +able to contain their names. + +In truth, when wicked men, being compelled by the revelations of the +accomplices, by their own handwriting, and by what I may almost call +the voices of their letters, were confessing that they had planned the +parricidal destruction of their country, and that they had agreed +to burn the city, to massacre the citizens, to devastate Italy, to +destroy the republic; who could have existed without being roused to +defend the common safety? especially when the senate and people of +Rome had a leader then; and if they had one now like he was then, the +same fate would befall you which did overtake them. + +He asserts that the body of his stepfather was not allowed burial by +me. But this is an assertion that was never made by Publius Clodius, +a man whom, as I was deservedly an enemy of his, I grieve now to see +surpassed by you in every sort of vice. But how could it occur to you +to recal to our recollection that you had been educated in the house +of Publius Lentulus? Were you afraid that we might think that you +could have turned out as infamous as you are by the mere force of +nature, if your natural qualities had not been strengthened by +education? + +VIII. But you are so senseless that throughout the whole of your +speech you were at variance with yourself; so that you said things +which had not only no coherence with each other but which were most +inconsistent with and contradictory to one another; so that there was +not so much opposition between you and me as there was between you and +yourself. You confessed that your stepfather had been duplicated +in that enormous wickedness, yet you complained that he had had +punishment inflicted on him. And by doing so you praised what was +peculiarly my achievement, and blamed that which was wholly the act of +the senate. For the detection and arrest of the guilty parties was my +work, their punishment was the work of the senate. But that eloquent +man does not perceive that the man against whom he is speaking is +being praised by him, and that those before whom he is speaking +are being attacked by him. But now what an act, I will not say of +audacity, (for he is anxious to be audacious,) but (and that is what +he is not desirous of) what an act of folly, in which he surpasses +all men, is it to make mention of the Capitoline Hill, at a time when +armed men are actually between our benches--when men, armed with +swords, are now stationed in this same temple of Concord, O ye +immortal gods, in which, while I was consul, opinions most salutary to +the state were delivered, owing to which it is that we are all alive +at this day. + +Accuse the senate; accuse the equestrian body, which at that time was +united with the senate; accuse every order of society, and all the +citizens, as long as you confess that this assembly at this very +moment is besieged by Ityrean[12] soldiers. It is not so much a proof +of audacity to advance these statements so impudently, as of utter +want of sense to be unable to see their contradictory nature. For +what is more insane than, after you yourself have taken up arms to do +mischief to the republic, to reproach another with having taken them +up to secure its safety? On one occasion you attempted even to be +witty. O ye good gods, how little did that attempt suit you! And yet +you are a little to be blamed for your failure in that instance, too. +For you might have got some wit from your wife, who was an actress. +"Arms to the gown must yield." Well, have they not yielded? But +afterwards the gown yielded to your arms. Let us inquire then whether +it was better for the arms of wicked men to yield to the freedom of +the Roman people, or that our liberty should yield to your arms. Nor +will I make any further reply to you about the verses. I will only +say briefly that you do not understand them, nor any other literature +whatever. That I have never at any time been wanting to the claims +that either the republic or my friends had upon me; but nevertheless +that in all the different sorts of composition on which I have +employed myself, during my leisure hours, I have always endeavoured to +make my labours and my writings such as to be some advantage to our +youth, and some credit to the Roman name. But, however, all this +has nothing to do with the present occasion. Let us consider more +important matters. + +IX. You have said that Publius Clodius was slain by my contrivance. +What would men have thought if he had been slain at the time when you +pursued him in the forum with a drawn sword, in the sight of all the +Roman people; and when you would have settled his business if he had +not thrown himself up the stairs of a bookseller's shop, and, shutting +them against you, checked your attack by that means? And I confess +that at that time I favoured you, but even you yourself do not say +that I had advised your attempt. But as for Milo, it was not possible +even for me to favour his action. For he had finished the business +before any one could suspect that he was going to do it. Oh, but I +advised it. I suppose Milo was a man of such a disposition that he was +not able to do a service to the republic if he had not some one to +advise him to do it. But I rejoiced at it. Well, suppose I did; was I +to be the only sorrowful person in the city, when every one else was +in such delight? Although that inquiry into the death of Publius +Clodius was not instituted with any great wisdom. For what was the +reason for having a new law to inquire into the conduct of the man who +had slain him, when there was a form of inquiry already established by +the laws? However, an inquiry was instituted. And have you now been +found, so many years afterwards, to say a thing which, at the time +that the affair was under discussion, no one ventured to say against +me? But as to the assertion that you have dared to make, and that at +great length too, that it was by my means that Pompeius was alienated +from his friendship with Caesar, and that on that account it was my +fault that the civil war was originated; in that you have not erred so +much in the main facts, as (and that is of the greatest importance) in +the times. + +X. When Marcus Bibulus, a most illustrious citizen, was consul, I +omitted nothing which I could possibly do or attempt to draw off +Pompeius from his union with Caesar. In which, however, Caesar was +more fortunate than I, for he himself drew off Pompeius from his +intimacy with me. But afterwards, when Pompeius joined Caesar with all +his heart, what could have been my object in attempting to separate +them then? It would have been the part of a fool to hope to do so, and +of an impudent man to advise it. However, two occasions did arise, on +which I gave Pompeius advice against Caesar. You are at liberty to +find fault with my conduct on those occasions if you can. One was when +I advised him not to continue Caesar's government for five years more. +The other, when I advised him not to permit him to be considered as +a candidate for the consulship when he was absent. And if I had been +able to prevail on him in either of these particulars, we should never +have fallen into our present miseries. + +Moreover, I also, when Pompeius had now devoted to the service of +Caesar all his own power, and all the power of the Roman people, and +had begun when it was too late to perceive all those things which I +had foreseen long before, and when I saw that a nefarious war was +about to be waged against our country, I never ceased to be the +adviser of peace, and concord, and some arrangement. And that language +of mine was well known to many people,--"I wish, O Cnaeus Pompeius, +that you had either never joined in a confederacy with Caius Caesar, +or else that you had never broken it off. The one conduct would have +become your dignity, and the other would have been suited to your +prudence." This, O Marcus Antonius, was at all times my advice both +respecting Pompeius and concerning the republic. And if it had +prevailed, the republic would still be standing, and you would have +perished through your own crimes, and indigence, and infamy. + +XI. But these are all old stories now. This charge, however, is quite +a modern one, that Caesar was slain by my contrivance. I am afraid, O +conscript fathers, lest I should appear to you to have brought up a +sham accuser against myself (which is a most disgraceful thing to do); +a man not only to distinguish me by the praises which are my due, but +to load me also with those which do not belong to me. For who ever +heard my name mentioned as an accomplice in that most glorious action? +and whose name has been concealed who was in the number of that +gallant band? Concealed, do I say? Whose name was there which was not +at once made public? I should sooner say that some men had boasted in +order to appear to have been concerned in that conspiracy, though they +had in reality known nothing of it, than that any one who had been +an accomplice in it could have wished to be concealed. Moreover, how +likely it is, that among such a number of men, some obscure, some +young men who had not the wit to conceal any one, my name could +possibly have escaped notice! Indeed, if leaders were wanted for +the purpose of delivering the country, what need was there of my +instigating the Bruti, one of whom saw every day in his house the +image of Lucius Brutus, and the other saw also the image of Ahala? +Were these the men to seek counsel from the ancestors of others rather +than from their own? and out of doors rather than at home? What? Caius +Cassius, a man of that family which could not endure, I will not say +the domination, but even the power of any individual,--he, I suppose, +was in need of me to instigate him? a man who, even without +the assistance of these other most illustrious men, would have +accomplished this same deed in Cilicia, at the mouth of the river +Cydnus, if Caesar had brought his ships to that bank of the river +which he had intended, and not to the opposite one. Was Cnaeus +Domitius spurred on to seek to recover his dignity, not by the death +of his father, a most illustrious man, nor by the death of his uncle, +nor by the deprivation of his own dignity, but by my advice and +authority? Did I persuade Caius Trebonius? a man whom I should not +have ventured even to advise. On which account the republic owes him +even a larger debt of gratitude, because he preferred the liberty +of the Roman people to the friendship of one man, and because he +preferred overthrowing arbitrary power to sharing it. Was I the +instigator whom Lucius Tillius Cimber followed? a man whom I admired +for having performed that action, rather than ever expected that he +would perform it; and I admired him on this account, that he was +unmindful of the personal kindnesses which he had received, but +mindful of his country. What shall I say of the two Servilii? Shall +I call them Cascas, or Ahalas? and do you think that those men were +instigated by my authority rather than by their affection for the +republic? It would take a long time to go through all the rest; and it +is a glorious thing for the republic that they were so numerous, and a +most honourable thing also for themselves. + +XII. But recollect, I pray you, how that clever man convicted me of +being an accomplice in the business. When Caesar was slain, says he, +Marcus Brutus immediately lifted up on high his bloody dagger, and +called on Cicero by name; and congratulated him on liberty being +recovered. Why on me above all men? Because I knew of it beforehand? +Consider rather whether this was not his reason for calling on me, +that, when he had performed an action very like those which I myself +had done, he called me above all men to witness that he had been an +imitator of my exploits. But you, O stupidest of all men, do not you +perceive, that if it is a crime to have wished that Caesar should be +slain--which you accuse me of having wished--it is a crime also to +have rejoiced at his death? For what is the difference between a man +who has advised an action, and one who has approved of it? or what +does it signify whether I wished it to be done, or rejoice that it has +been done? Is there any one then, except you yourself and those men +who wished him to become a king, who was unwilling that that deed +should be done, or who disapproved of it after it was done? All men, +therefore, are guilty as far as this goes. In truth, all good men, as +far as it depended on them, bore a part in the slaying of Caesar. Some +did not know how to contrive it, some had not courage for it, some had +no opportunity,--every one had the inclination. + +However, remark the stupidity of this fellow,--I should rather say, of +this brute beast. For thus he spoke:--"Marcus Brutus, whom I name to +do him honour, holding aloft his bloody dagger, called upon Cicero, +from which it must be understood that he was privy to the action." +Am I then called wicked by you because you suspect that I suspected +something; and is he who openly displayed his reeking dagger, named by +you that you may do him honour? Be it so. Let this stupidity exist in +your language: how much greater is it in your actions and opinions! +Arrange matters in this way at last, O consul; pronounce the cause of +the Bruti, of Caius Cassius, of Cnaeus Domitius, of Caius Trebonius +and the rest to be whatever you please to call it: sleep off that +intoxication of yours, sleep it off and take breath. Must one apply +a torch to you to waken you while you are sleeping over such an +important affair? Will you never understand that you have to decide +whether those men who performed that action are homicides or assertors +of freedom? + +XIII. For just consider a little; and for a moment think of the +business like a sober man. I who, as I myself confess, am an intimate +friend of those men, and, as you accuse me, an accomplice of theirs, +deny that there is any medium between these alternatives. I confess +that they, if they be not deliverers of the Roman people and saviours +of the republic, are worse than assassins, worse than homicides, worse +even than parricides: since it is a more atrocious thing to murder +the father of one's country, than one's own father. You wise and +considerate man, what do you say to this? If they are parricides, why +are they always named by you, both in this assembly and before the +Roman people, with a view to do them honour? Why has Marcus Brutus[13] +been, on your motion, excused from obedience to the laws, and allowed +to be absent. Why were the games of Apollo celebrated with incredible +honour to Marcus Brutus? why were provinces given to Brutus and +Cassius? why were quaestors assigned to them? why was the number of +their lieutenants augmented? And all these measures were owing to you. +They are not homicides then. It follows that in your opinion they are +deliverers of their country, since there can be no other alternative. +What is the matter? Am I embarrassing you? For perhaps you do not +quite understand propositions which are stated disjunctively. Still +this is the sum total of my conclusion; that since they are acquitted +by you of wickedness, they are at the same time pronounced most worthy +of the very most honourable rewards. + +Therefore, I will now proceed again with my oration. I will write to +them, if any one by chance should ask whether what you have imputed to +me be true, not to deny it to any one. In truth, I am afraid that it +must be considered either a not very creditable thing to them, that +they should have concealed the fact of my being an accomplice; or else +a most discreditable one to me that I was invited to be one, and that +I shirked it. For what greater exploit (I call you to witness, O +august Jupiter!) was ever achieved not only in this city, but in all +the earth? What more glorious action was ever done? What deed was ever +more deservedly recommended to the everlasting recollection of men? +Do you, then, shut me up with the other leaders in the partnership in +this design, as in the Trojan horse? I have no objection; I even thank +you for doing so, with whatever intent you do it. For the deed is so +great an one, that I cannot compare the unpopularity which you wish to +excite against me on account of it, with its real glory. + +For who can be happier than those men whom you boast of having now +expelled and driven from the city? What place is there either so +deserted or so uncivilized, as not to seem to greet and to covet the +presence of those men wherever they have arrived? What men are so +clownish as not, when they have once beheld them, to think that they +have reaped the greatest enjoyment that life can give? And what +posterity will be ever so forgetful, what literature will ever be +found so ungrateful, as not to cherish their glory with undying +recollection? Enrol me then, I beg, in the number of those men. + +XIV. But one thing I am afraid you may not approve of. For if I had +really been one of their number, I should have not only got rid of the +king, but of the kingly power also out of the republic; and if I had +been the author of the piece, as it is said, believe me, I should not +have been contented with one act, but should have finished the whole +play. Although, if it be a crime to have wished that Caesar might be +put to death, beware, I pray you, O Antonius, of what must be your own +case, as it is notorious that you, when at Narbo, formed a plan of +the same sort with Caius Trebonius; and it was on account of your +participation in that design that, when Caesar was being killed, we +saw you called aside by Trebonius. But I (see how far I am from any +horrible inclination towards,) praise you for having once in your life +had a righteous intention; I return you thanks for not having revealed +the matter; and I excuse you for not having accomplished your purpose. +That exploit required a man. + +And if any one should institute a prosecution against you, and employ +that test of old Cassius, "who reaped any advantage from it?" take +care, I advise you, lest you suit that description. Although, in +truth, that action was, as you used to say, an advantage to every one +who was not willing to be a slave, still it was so to you above all +men, who are not merely not a slave, but are actually a king; who +delivered yourself from an enormous burden of debt at the temple of +Ops; who, by your dealings with the account books, there squandered a +countless sum of money; who have had such vast treasures brought to +you from Caesar's house; at whose own house there is set up a most +lucrative manufactory of false memoranda and autographs, and a most +iniquitous market of lands, and towns, and exemptions, and revenues. +In truth, what measure except the death of Caesar could possibly have +been any relief to your indigent and insolvent condition? You appear +to be somewhat agitated. Have you any secret fear that you yourself +may appear to have had some connexion with that crime? I will release +you from all apprehension; no one will ever believe it; it is not like +you to deserve well of the republic; the most illustrious men in the +republic are the authors of that exploit; I only say that you are glad +it was done; I do not accuse you of having done it. I have replied to +your heaviest accusations, I must now also reply to the rest of them. + +XV. You have thrown in my teeth the camp of Pompeius and all my +conduct at that time. At which time, indeed, if, as I have said +before, my counsels and my authority had prevailed, you would this day +be in indigence, we should be free, and the republic would not have +lost so many generals and so many armies. For I confess that, when I +saw that these things certainly would happen, which now have happened, +I was as greatly grieved as all the other virtuous citizens would have +been if they had foreseen the same things. I did grieve, I did grieve, +O conscript fathers, that the republic which had once been saved by +your counsels and mine, was fated to perish in a short time. Nor was +I so inexperienced in and ignorant of this nature of things, as to be +disheartened on account of a fondness for life, which while it endured +would wear me out with anguish, and when brought to an end would +release me from all trouble. But I was desirous that those most +illustrious men, the lights of the republic, should live: so many +men of consular rank, so many men of praetorian rank, so many most +honourable senators; and besides them all the flower of our nobility +and of our youth; and the armies of excellent citizens. And if they +were still alive, under ever such hard conditions of peace, (for any +sort of peace with our fellow-citizens appeared to me more desirable +than civil war,) we should be still this day enjoying the republic. + +And if my opinion had prevailed, and if those men, the preservation of +whose lives was my main object, elated with the hope of victory, had +not been my chief opposers, to say nothing of other results, at all +events you would never have continued in this order, or rather in this +city. But say you, my speech alienated from me the regard of Pompeius? +Was there any one to whom he was more attached? any one with whom he +conversed or shared his counsels more frequently? It was, indeed, +a great thing that we, differing as we did respecting the general +interests of the republic, should continue in uninterrupted +friendship. But I saw clearly what his opinions and views were, and he +saw mine equally. I was for providing for the safety of the citizens +in the first place, in order that we might be able to consult their +dignity afterwards. He thought more of consulting their existing +dignity. But because each of us had a definite object to pursue, our +disagreement was the more endurable. But what that extraordinary and +almost godlike man thought of me is known to those men who pursued him +to Paphos from the battle of Pharsalia. No mention of me was ever made +by him that was not the most honourable that could be, that was not +full of the most friendly regret for me; while he confessed that I had +had the most foresight, but that he had had more sanguine hopes. And +do you dare taunt me with the name of that man whose friend you admit +that I was, and whose assassin you confess yourself? + +XVI. However, let us say no more of that war, in which you were too +fortunate. I will not reply even with those jests to which you have +said that I gave utterance in the camp. That camp was in truth full of +anxiety, but although men are in great difficulties, still, provided +they are men, they sometimes relax their minds. But the fact that the +same man finds fault with my melancholy, and also with my jokes, is a +great proof that I was very moderate in each particular. + +You have said that no inheritances come to me. Would that this +accusation of yours were a true one; I should have more of my friends +and connexions alive. But how could such a charge ever come into your +head? For I have received more than twenty millions of sesterces in +inheritances. Although in this particular I admit that you have been +more fortunate than I. No one has ever made me his heir except he was +a friend of mine, in order that my grief of mind for his loss might be +accompanied also with some gain, if it was to be considered as such. +But a man whom you never even saw, Lucius Rubrius, of Casinum, made +you his heir. And see now how much he loved you, who, though he did +not know whether you were white or black, passed over the son of his +brother, Quintus Fufius, a most honourable Roman knight, and most +attached to him, whom he had on all occasions openly declared his +heir, (he never even names him in his will,) and he makes you his heir +whom he had never seen, or at all events had never spoken to. + +I wish you would tell me, if it is not too much trouble, what sort of +countenance Lucius Turselius was of; what sort of height; from what +municipal town he came; and of what tribe he was a member. "I know +nothing," you will say, "about him, except what farms he had." +Therefore, he, disinheriting his brother, made you his heir. And +besides these instances, this man has seized on much other property +belonging to men wholly unconnected with him, to the exclusion of the +legitimate heirs, as if he himself were the heir. Although the thing +that struck me with most astonishment of all was, that you should +venture to make mention of inheritances, when you yourself had not +received the inheritance of your own father. + +XVII. And was it in order to collect all these arguments, O you +most senseless of men, that you spent so many days in practising +declamation in another man's villa? Although, indeed, (as your most +intimate friends usually say,) you are in the habit of declaiming, +not for the purpose of whetting your genius, but of working off the +effects of wine. And, indeed, you employ a master to teach you jokes, +a man appointed by your own vote and that of your boon companions; a +rhetorician, whom you have allowed to say what ever he pleased against +you, a thoroughly facetious gentleman; but there are plenty of +materials for speaking against you and against your friends. But just +see now what a difference there is between you and your grandfather. +He used with great deliberation to bring forth arguments advantageous +to the cause he was advocating; you pour forth in a hurry the +sentiments which you have been taught by another. And what wages have +you paid this rhetorician? Listen, listen, O conscript fathers, +and learn the blows which are inflicted on the republic. You have +assigned, O Antonius, two thousand acres[14] which is often translated +acre also, of land, in the Leontine district, to Sextus Clodius, the +rhetorician, and those, too, exempt from every kind of tax, for the +sake of putting the Roman people to such a vast expense that you might +learn to be a fool. Was this gift, too, O you most audacious of men, +found among Caesar's papers? But I will take another opportunity to +speak about the Leontine and the Campanian district; where he has +stolen lands from the republic to pollute them with most infamous +owners. For now, since I have sufficiently replied to all his charges, +I must say a little about our corrector and censor himself. And yet I +will not say all I could, in order that if I have often to battle +with him I may always come to the contest with fresh arms; and the +multitude of his vices and atrocities will easily enable me to do so. + +XVIII. Shall we then examine your conduct from the time when you were +a boy? I think so. Let us begin at the beginning. Do you recollect +that, while you were still clad in the praetexta, you became a +bankrupt? That was the fault of your father, you will say. I admit +that. In truth, such a defence is full of filial affection. But it +is peculiarly suited to your own audacity, that you sat among the +fourteen rows of the knights, though by the Roscian law there was a +place appointed for bankrupts, even if any one had become so. + +XIX. But let us say no more of your profligacy and debauchery. There +are things which it is not possible for me to mention with honour; but +you are all the more free for that, inasmuch as you have not scrupled +to be an actor in scenes which a modest enemy cannot bring himself to +mention. + +Mark now, O conscript fathers, the rest of his life, which I will +touch upon rapidly. For my inclination hastens to arrive at those +things which he did in the time of the civil war, amid the greatest +miseries of the republic, and at those things which he does every day. +And I beg of you, though they are far better known to you than they +are to me, still to listen attentively, as you are doing, to my +relation of them. For in such cases as this, it is not the mere +knowledge of such actions that ought to excite the mind, but the +recollection of them also. Although we must at once go into the middle +of them, lest otherwise we should be too long in coming to the end. + +He was very intimate with Clodius at the time of his tribuneship; +he, who now enumerates the kindnesses which he did me. He was the +firebrand to handle all conflagrations; and even in his house he +attempted something. He himself well knows what I allude to. From +thence he made a journey to Alexandria, in defiance of the authority +of the senate, and against the interests of the republic, and in spite +of religious obstacles; but he had Gabinius for his leader, with whom +whatever he did was sure to be right. What were the circumstances of +his return from thence? what sort of return was it? He went from Egypt +to the furthest extremity of Gaul before he returned home. And what +was his home? For at that time every man had possession of his own +house; and you had no house anywhere, O Antonius. House, do you say? +what place was there in the whole world where you could set your foot +on anything that belonged to you, except Mienum, which you farmed with +your partners, as if it had been Sisapo?[15] + +XX. You came from Gaul to stand for the quaestorship. Dare to say that +you went to your own father before you came to me. I had already +received Caesar's letters, begging me to allow myself to accept of your +excuses; and therefore, I did not allow you even to mention thanks. +After that, I was treated with respect by you, and you received +attentions from me in your canvass for the quaestorship. And it was at +that time, indeed, that you endeavoured to slay Publius Clodius in the +forum, with the approbation of the Roman people; and though you made +the attempt of your own accord, and not at my instigation, still you +clearly alleged that you did not think, unless you slew him, that you +could possibly make amends to me for all the injuries which you had +done me. And this makes me wonder why you should say that Milo did +that deed at my instigation; when I never once exhorted you to do it, +who of your own accord attempted to do me the same service. Although, +if you had persisted in it, I should have preferred allowing the +action to be set down entirely to your own love of glory rather than +to my influence. + +You were elected quaestor. On this, immediately, without any resolution +of the senate authorizing such a step, without drawing lots, without +procuring any law to be passed, you hastened to Caesar. For you thought +the camp the only refuge on earth for indigence, and debt, and +profligacy,--for all men, in short, who were in a state of utter ruin. +Then, when you had recruited your resources again by his largesses and +your own robberies, (if, indeed, a person can be said to recruit, +who only acquires something which he may immediately squander,) you +hastened, being again a beggar, to the tribuneship, in order that in +that magistracy you might, if possible, behave like your friend. + +XXI. Listen now, I beseech you, O conscript fathers, not to those +things which he did indecently and profligately to his own injury and +to his own disgrace as a private individual; but to the actions which +he did impiously and wickedly against us and our fortunes,--that is to +say, against the whole republic. For it is from his wickedness that +you will find that the beginning of all these evils has arisen. + +For when, in the consulship of Lucius Lentulus and Marcus Marcellus, +you, on the first of January, were anxious to prop up the republic, +which was tottering and almost falling, and were willing to consult +the interests of Caius Caesar himself, if he would have acted like +a man in his senses, then this fellow opposed to your counsels his +tribuneship, which he had sold and handed over to the purchaser, and +exposed his own neck to that axe under which many have suffered for +smaller crimes. It was against you, O Marcus Antonius, that the +senate, while still in the possession of its rights, before so many +of its luminaries were extinguished, passed that decree which, in +accordance with the usage of our ancestors, is at times passed against +an enemy who is a citizen. And have you dared, before these conscript +fathers, to say anything against me, when I have been pronounced by +this order to be the saviour of my country, and when you have been +declared by it to be an enemy of the republic? The mention of that +wickedness of yours has been interrupted, but the recollection of it +has not been effaced. As long as the race of men, as long as the name +of the Roman people shall exist, (and that, unless it is prevented +from being so by your means, will be everlasting,) so long will that +most mischievous interposition of your veto be spoken of. What was +there that was being done by the senate either ambitiously or rashly, +when you, one single young man, forbade the whole order to pass +decrees concerning the safety of the republic? and when you did so, +not once only, but repeatedly? nor would you allow any one to plead +with you in behalf of the authority of the senate; and yet, what did +any one entreat of you, except that you would not desire the republic +to be entirely overthrown and destroyed; when neither the chief men of +the state by their entreaties, nor the elders by their warnings, nor +the senate in a full house by pleading with you, could move you from +the determination which you had already sold and as it were delivered +to the purchaser? Then it was, after having tried many other +expedients previously, that a blow was of necessity struck at you +which had been struck at only few men before you, and which none of +them had ever survived. Then it was that this order armed the consuls, +and the rest of the magistrates who were invested with either military +or civil command, against you, and you never would have escaped them, +if you had not taken refuge in the camp of Caesar. + +XXII. It was you, you, I say, O Marcus Antonius, who gave Caius Caesar, +desirous as he already was to throw everything into confusion, the +principal pretext for waging war against his country. For what other +pretence did he allege? what cause did he give for his own most +frantic resolution and action, except that the power of interposition +by the veto had been disregarded, the privileges of the tribunes taken +away, and Antonius's rights abridged by the senate? I say nothing of +how false, how trivial these pretences were; especially when there +could not possibly be any reasonable cause whatever to justify any one +in taking up arms against his country. But I have nothing to do with +Caesar. You must unquestionably allow, that the cause of that ruinous +war existed in your person. + +O miserable man if you are aware, more miserable still if you are not +aware, that this is recorded in writings, is handed down to men's +recollection, that our very latest posterity in the most distant ages +will never forget this fact, that the consuls were expelled from +Italy, and with them Cnaeus Pompeius, who was the glory and light of +the empire of the Roman people; that all the men of consular rank, +whose health would allow them to share in that disaster and that +flight, and the praetors, and men of praetorian rank, and the tribunes +of the people, and a great part of the senate, and all the flower of +the youth of the city, and, in a word, the republic itself was driven +out and expelled from its abode. As, then, there is in seeds the cause +which produces trees and plants, so of this most lamentable war you +were the seed. Do you, O conscript fathers, grieve that these armies +of the Roman people have been slain? It is Antonius who slew them. Do +you regret your most illustrious citizens? It is Antonius, again, who +has deprived you of them. The authority of this order is overthrown; +it is Antonius who has overthrown it. Everything, in short, which we +have seen since that time, (and what misfortune is there that we +have not seen?) we shall, if we argue rightly, attribute wholly to +Antonius. As Helen was to the Trojans, so has that man been to this +republic,--the cause of war, the cause of mischief, the cause of ruin. +The rest of his tribuneship was like the beginning. He did everything +which the senate had laboured to prevent, as being impossible to be +done consistently with the safety of the republic. And see, now, how +gratuitously wicked he was even in accomplishing his wickedness. + +XXIII. He restored many men who had fallen under misfortune. Among +them no mention was made of his uncle. If he was severe, why was he +not so to every one? If he was merciful, why was he not merciful to +his own relations? But I say nothing of the rest. He restored Licinius +Lenticula, a man who had been condemned for gambling, and who was a +fellow-gamester of his own. As if he could not play with a condemned +man; but in reality, in order to pay by a straining of the law in his +favour, what he had lost by the dice. What reason did you allege to +the Roman people why it was desirable that he should be restored? +I suppose you said that he was absent when the prosecution was +instituted against him; that the cause was decided without his having +been heard in his defence; that there was not by a law any judicial +proceeding established with reference to gambling; that he had been +put down by violence or by arms; or lastly, as was said in the case of +your uncle, that the tribunal had been bribed with money. Nothing of +this sort was said. Then he was a good man, and one worthy of the +republic. That, indeed, would have been nothing to the purpose, but +still, since being condemned does not go for much, I would forgive you +if that were the truth. Does not he restore to the full possession of +his former privileges the most worthless man possible,--one who would +not hesitate to play at dice even in the forum, and who had been +convicted under the law which exists respecting gambling,--does not he +declare in the most open manner his own propensities? + +Then in this same tribuneship, when Caesar while on his way into Spain +had given him Italy to trample on, what journeys did he make in every +direction! how did he visit the municipal towns! I know that I am +only speaking of matters which have been discussed in every one's +conversation, and that the things which I am saying and am going to +say are better known to every one who was in Italy at that time, than +to me, who was not. Still I mention the particulars of his conduct, +although my speech cannot possibly come up to your own personal +knowledge. When was such wickedness ever heard of as existing upon +earth? or such shamelessness? or such open infamy? + +XXIV. The tribune of the people was borne along in a chariot, lictors +crowned with laurel preceded him; among whom, on an open litter, was +carried an actress; whom honourable men, citizens of the different +municipalities, coming out from their towns under compulsion to meet +him, saluted not by the name by which she was well known on the stage, +but by that of Volumnia.[16] A car followed full of pimps; then a +lot of debauched companions; and then his mother, utterly neglected, +followed the mistress of her profligate son, as if she had been her +daughter-in-law. O the disastrous fecundity of that miserable woman! +With the marks of such wickedness as this did that fellow stamp every +municipality, and prefecture, and colony, and, in short, the whole of +Italy. + +To find fault with the rest of his actions, O conscript fathers, is +difficult, and somewhat unsafe. He was occupied in war; he glutted +himself with the slaughter of citizens who bore no resemblance to +himself. He was fortunate--if at least there can be any good fortune +in wickedness. But since we wish to show a regard for the veterans, +although the cause of the soldiers is very different from yours; they +followed their chief; you went to seek for a leader; still, (that I +may not give you any pretence for stirring up odium against me among +them,) I will say nothing of the nature of the war. + +When victorious, you returned with the legions from Thessaly to +Brundusium. There you did not put me to death. It was a great +kindness! For I confess that you could have done it. Although there +was no one of those men who were with you at that time, who did not +think that I ought to be spared. For so great is men's affection for +their country, that I was sacred even in the eyes of your legions, +because they recollected that the country had been saved by me. +However, grant that you did give me what you did not take away from +me; and that I have my life as a present from you, since it was not +taken from me by you; was it possible for me, after all your insults, +to regard that kindness of yours as I regarded it at first, especially +after you saw that you must hear this reply from me? + +XXV. You came to Brundusium, to the bosom and embraces of your +actress. What is the matter? Am I speaking falsely? How miserable is +it not to be able to deny a fact which it is disgraceful to confess! +If you had no shame before the municipal towns, had you none even +before your veteran army? For what soldier was there who did not see +her at Brundusium? who was there who did not know that she had come +so many days' journey to congratulate you? who was there who did not +grieve that he was so late in finding out how worthless a man he had +been following? + +Again you made a tour through Italy, with that same actress for your +companion. Cruel and miserable was the way in which you led your +soldiers into the towns; shameful was the pillage in every city, of +gold and silver, and above all, of wine. And besides all this, while +Caesar knew nothing about it, as he was at Alexandria, Antonius, by the +kindness of Caesar's friends, was appointed his master of the horse. +Then he thought that he could live with Hippia[17] by virtue of his +office, and that he might give horses which were the property of the +state to Sergius the buffoon. At that time he had selected for himself +to live in, not the house which he now dishonours, but that of Marcus +Piso. Why need I mention his decrees, his robberies, the possessions +of inheritances which were given him, and those too which were seized +by him? Want compelled him; he did not know where to turn. That great +inheritance from Lucius Rubrius, and that other from Lucius Turselius, +had not yet come to him. He had not yet succeeded as an unexpected +heir to the place of Cnaeus Pompeius, and of many others who were +absent. He was forced to live like a robber, having nothing beyond +what he could plunder from others. + +However, we will say nothing of these things, which are acts of a more +hardy sort of villany. Let us speak rather of his meaner descriptions +of worthlessness. You, with those jaws of yours, and those sides of +yours, and that strength of body suited to a gladiator, drank such +quantities of wine at the marriage of Hippia, that you were forced +to vomit the next day in the sight of the Roman people. O action +disgraceful not merely to see, but even to hear of! If this had +happened to you at supper amid those vast drinking cups of yours, who +would not have thought it scandalous? But in an assembly of the Roman +people, a man holding a public office, a master of the horse, to whom +it would have been disgraceful even to belch, vomiting filled his own +bosom and the whole tribunal with fragments of what he had been eating +reeking with wine. But he himself confesses this among his other +disgraceful acts. Let us proceed to his more splendid offences. + +XXVI. Caesar came back from Alexandria, fortunate, as he seemed at +least to himself; but in my opinion no one can be fortunate who is +unfortunate for the republic. The spear was set up in front of +the temple of Jupiter Stator, and the property of Cnaeus Pompeius +Magnus--(miserable that I am, for even now that my tears have ceased +to flow, my grief remains deeply implanted in my heart,)--the +property, I say, of Cnaeus Pompeius the Great was submitted to the +pitiless, voice of the auctioneer. On that one occasion the state +forgot its slavery, and groaned aloud, and though men's minds were +enslaved, as everything was kept under by fear, still the groans of +the Roman people were free. While all men were waiting to see who +would be so impious, who would be so mad, who would be so declared an +enemy to gods and to men as to dare to mix himself up with that wicked +auction, no one was found except Antonius, even though there were +plenty of men collected round that spear[18] who would have dared +anything else. One man alone was found to dare to do that which the +audacity of every one else had shrunk from and shuddered at. Were you, +then, seized with such stupidity,--or, I should rather say, with such +insanity,--as not to see that if you, being of the rank in which you +were born, acted as a broker at all, and above all as a broker in the +case of Pompeius's property, you would be execrated and hated by the +Roman people, and that all gods and all men must at once become and +for ever continue hostile to you? But with what violence did that +glutton immediately proceed to take possession of the property of that +man, to whose valour it had been owing that the Roman people had been +more terrible to foreign nations, while his justice had made it dearer +to them. + +XXVII. When, therefore, this fellow had begun to wallow in the +treasures of that great man, he began to exult like a buffoon in a +play, who has lately been a beggar, and has become suddenly rich. But, +as some poet or other says,-- + + + "Ill gotten gain comes quickly to an end." + + +It is an incredible thing, and almost a miracle, how he in a few, +not months, but days, squandered all that vast wealth. There was an +immense quantity of wine, an excessive abundance of very valuable +plate, much precious apparel, great quantities of splendid furniture, +and other magnificent things in many places, such as one was +likely to see belonging to a man who was not indeed luxurious, +but who was very wealthy. Of all this in a few days there was +nothing left. What Charybdis was ever so voracious? Charybdis, +do I say? Charybdis, if she existed at all, was only one animal. +The ocean, I swear most solemnly, appears scarcely capable of +having swallowed up such numbers of things so widely scattered, and +distributed in such different places, with such rapidity. Nothing +was shut up, nothing sealed up, no list was made of anything. Whole +storehouses were abandoned to the most worthless of men. Actors seized +on this, actresses on that, the house was crowded with gamblers, and +full of drunken men, people were drinking all day, and that too in +many places, there were added to all this expense (for this fellow was +not invariably fortunate) heavy gambling losses. You might see in +the cellars of the slaves, couches covered with the most richly +embroidered counterpanes of Cnaeus Pompeius. Wonder not, then, that all +these things were so soon consumed. Such profligacy as that could have +devoured not only the patrimony of one individual, however ample it +might have been, (as indeed his was) but whole cities and kingdoms. + +And then his houses and gardens! Oh the cruel audacity! Did you dare +to enter into that house? Did you dare to cross that most sacred +threshold? and to show your most profligate countenance to the +household gods who protect that abode? A house which for a long time +no one could behold, no one could pass by without tears! Are you not +ashamed to dwell so long in that house? one in which, stupid and +ignorant as you are, still you can see nothing which is not painful to +you. + +XXVIII. When you behold those beaks of ships in the vestibule, and +those warlike trophies, do you fancy that you are entering into a +house which belongs to you? It is impossible. Although you are devoid +of all sense and all feeling,--as in truth you are,--still you are +acquainted with yourself, and with your trophies, and with your +friends. Nor do I believe that you either waking or sleeping, can ever +act with quiet sense. It is impossible but that, were you ever so +drunk and frantic,--as in truth you are,--when the recollection of the +appearance of that illustrious man comes across you, you should be +roused from sleep by your fears, and often stirred up to madness if +awake. I pity even the walls and the roof. For what had that house +ever beheld except what was modest, except what proceeded from the +purest principles and from the most virtuous practice? For that man +was, O conscript fathers, as you yourselves know, not only illustrious +abroad, but also admirable at home; and not more praiseworthy for his +exploits in foreign countries, than for his domestic arrangements. Now +in his house every bedchamber is a brothel, and every dining-room a +cookshop. Although he denies this:--Do not, do not make inquiries. +He is become economical. He desired that mistress of his to take +possession of whatever belonged to her, according to the laws of the +Twelve Tables. He has taken his keys from her, and turned her out of +doors. What a well-tried citizen! of what proved virtue is he! the +most honourable passage in whose life is the one when he divorced +himself from this actress. + +But how constantly does he harp on the expression "the consul +Antonius!" This amounts to say "that most debauched consul," "that +most worthless of men, the consul." For what else is Antonius? For +if any dignity were implied in the name, then, I imagine, your +grandfather would sometimes have called himself "the consul Antonius." +But he never did. My colleague too, your own uncle, would have called +himself so. Unless you are the only Antonius. But I pass over those +offences which have no peculiar connexion with the part you took +in harassing the republic; I return to that in which you bore so +principal a share,--that is, to the civil war; and it is mainly owing +to you that that was originated, and brought to a head, and carried +on. + +XXIX. Though you yourself took no personal share in it, partly through +timidity, partly through profligacy, you had tasted, or rather had +sucked in, the blood of fellow-citizens: you had been in the battle +of Pharsalia as a leader; you had slain Lucius Domitius, a most +illustrious and high-born man; you had pursued and put to death in the +most barbarous manner many men who had escaped from the battle, and +whom Caesar would perhaps have saved, as he did some others. + +And after having performed these exploits, what was the reason why you +did not follow Caesar into Africa; especially when so large a portion +of the war was still remaining? And accordingly, what place did you +obtain about Caesar's person after his return from Africa? What was +your rank? He whose quaestor you had been when general, whose master of +the horse when he was dictator, to whom you had been the chief cause +of war, the chief instigator of cruelty, the sharer of his plunder, +his son, as you yourself said, by inheritance, proceeded against you +for the money which you owed for the house and gardens, and for +the other property which you had bought at that sale. At first you +answered fiercely enough, and that I may not appear prejudiced against +you in every particular, you used a tolerably just and reasonable +argument. "What, does Caius Caesar demand money of me? why should he do +so, any more than I should claim it of him? Was he victorious without +my assistance? No, and he never could have been. It was I who supplied +him with a pretext for civil war, it was I who proposed mischievous +laws, it was I who took up arms against the consuls and generals of +the Roman people, against the senate and people of Rome, against the +gods of the country, against its altars and healths, against the +country itself. Has he conquered for himself alone? Why should not +those men whose common work the achievement is, have the booty also in +common?" You were only claiming your right, but what had that to do +with it? He was the more powerful of the two. + +Therefore, stopping all your expostulations, he sent his soldiers to +you, and to your sureties, when all on a sudden out came that splendid +catalogue of yours. How men did laugh! That there should be so vast a +catalogue, that their should be such a numerous and various list of +possessions, of all of which, with the exception of a portion of +Misenum, there was nothing which the man who was putting them up to +sale could call his own. And what a miserable sight was the auction. A +little apparel of Pompeius's, and that stained, a few silver vessels +belonging to the same man, all battered, some slaves in wretched +condition, so that we grieved that there was anything remaining to be +seen of these miserable relics. This auction, however, the heirs of +Lucius Rubrius prevented from proceeding, being armed with a decree of +Caesar to that effect. The spendthrift was embarrassed. He did not know +which way to turn. It was at this very time that an assassin sent +by him was said to have been detected with a dagger in the house of +Caesar. And of this Caesar himself complained in the senate, inveighing +openly against you. Caesar departs to Spain, having granted you a few +days delay for making the payment, on account of your poverty. Even +then you do not follow him. Had so good a gladiator as you retired +from business so early? Can any one then fear a man who was as timid +as this man in upholding his party, that is, in upholding his own +fortunes? + +XXX. After some time he at last went into Spain; but, as he says, he +could not arrive there in safety. How then did Dolabella manage to +arrive there? Either, O Antonius, that cause ought never to have +been undertaken, or when you had undertaken it, it should have +been maintained to the end. Thrice did Caesar fight against his +fellow-citizens; in Thessaly, in Africa, and in Spain. Dolabella was +present at all these battles. In the battle in Spain he even received +a wound. If you ask my opinion, I wish he had not been there. But +still, if his design at first was blameable, his consistency and +firmness were praiseworthy. But what shall we say of you? In the first +place, the children of Cnaeus Pompeius sought to be restored to their +country. Well, this concerned the common interests of the whole party. +Besides that, they sought to recover their household gods, the gods of +their country, their altars, their hearths, the tutelar gods of their +family; all of which you had seized upon. And when they sought to +recover those things by force of arms which belonged to them by the +laws, who was it most natural--(although in unjust and unnatural +proceedings what can there be that is natural?)--still, who was it +most natural to expect would fight against the children of Cnaeus +Pompeius? Who? Why, you who had bought their property. Were you at +Narbo to be sick over the tables of your entertainers, while Dolabella +was fighting your battles in Spain? + +And what a return was that of yours from Narbo? He even asked why +I had returned so suddenly from my expedition. I have just briefly +explained to you, O conscript fathers, the reason of my return. I was +desirous, if I could, to be of service to the republic even before the +first of January. For, as to your question, how I had returned; in the +first place, I returned by daylight, not in the dark; in the second +place, I returned in shoes, and in my Roman gown, not in any Gallic +slippers, or barbarian mantle. And even now you keep looking at me; +and, as it seems, with great anger. Surely you would be reconciled +to me if you knew how ashamed I am of your worthlessness, which you +yourself are not ashamed of. Of all the profligate conduct of all the +world, I never saw, I never heard of any more shameful than yours. You +who fancied yourself a master of the horse, when you were standing +for, or I should rather say begging for the consulship for the +ensuing year, ran in Gallic slippers and a barbarian mantle about the +municipal towns and colonies of Gaul from which we used to demand the +consulship when the consulship was stood for and not begged for. + +XXXI. But mark now the trifling character of the fellow. When about +the tenth hour of the day he had arrived at Red Rocks, he skulked into +a little petty wine-shop, and, hiding there, kept on drinking till +evening. And from thence getting into a gig and being driven rapidly +to the city, he came to his own house with his head veiled. "Who are +you?" says the porter. "An express from Marcus." He is at once taken +to the woman for whose sake he had come; and he delivered the letter +to her. And when she had read it with tears, (for it was written in +a very amorous style, but the main subject of the letter was that he +would have nothing to do with that actress for the future; that he +had discarded all his love for her, and transferred it to his +correspondent,) when she, I say, wept plentifully, this soft-hearted +man could bear it no longer; he uncovered his head and threw himself +on her neck. Oh the worthless man! (for what else can I call him? +there is no more suitable expression for me to use,) was it for this +that you disturbed the city by nocturnal alarms, and Italy with +fears of many days' duration, in order that you might show yourself +unexpectedly, and that a woman might see you before she hoped to do +so? And he had at home a pretence of love; but out of doors a cause +more discreditable still, namely, lest Lucius Plancus should sell up +his sureties. But after you had been produced in the assembly by one +of the tribunes of the people, and had replied that you had come on +your own private business, you made even the people full of jokes +against you. But, however, we have said too much about trifles. Let us +come to more important subjects. + +XXXII. You went a great distance to meet Caesar on his return from +Spain. You went rapidly, you returned rapidly in order that we might +see that, if you were not brave, you were at least active. You again +became intimate with him; I am sure I do not know how. Caesar had this +peculiar characteristic; whoever he knew to be utterly ruined by debt, +and needy, even if he knew him also to be an audacious and worthless +man, he willingly admitted him to his intimacy. You then, being +admirably recommended to him by these circumstances, were ordered to +be appointed consul, and that too as his own colleague. I do not make +any complaint against Dolabella, who was at that time acting under +compulsion, and was cajoled and deceived. But who is there who does +not know with what great perfidy both of you treated Dolabella in that +business? Caesar induced him to stand for the consulship. After having +promised it to him, and pledged himself to aid him, he prevented +his getting it, and transferred it to himself. And you endorsed his +treachery with your own eagerness. + +The first of January arrives. We are convened in the senate. Dolabella +inveighed against him with much more fluency and premeditation than I +am doing now. And what things were they which he said in his anger, O +ye good gods! First of all, after Caesar had declared that before he +departed he would order Dolabella to be made consul, (and they deny +that he was a king who was always doing and saying something of this +sort,)--but after Caesar had said this, then this virtuous augur said +that he was invested with a pontificate of that sort that he was able, +by means of the auspices, either to hinder or to vitiate the comitia, +just as he pleased; and he declared that he would do so. And here, in +the first place, remark the incredible stupidity of the man. For what +do you mean? Could you not just as well have done what you said you +had now the power to do by the privileges with which that pontificate +had invested you, even if you were not an augur, if you were consul? +Perhaps you could even do it more easily. For we augurs have only the +power of announcing that the auspices are being observed, but the +consuls and other magistrates have the right also of observing them +whenever they choose. Be it so. You said this out of ignorance. For +one must not demand prudence from a man who is never sober. But still +remark his impudence. Many months before, he said in the senate that +he would either prevent the comitia from assembling for the election +of Dolabella by means of the auspices, or that he would do what he +actually did do. Can any one divine beforehand what defect there will +be in the auspices, except the man who has already determined to +observe the heavens? which in the first place it is forbidden by law +to do at the time of the comitia. And if any one has been observing +the heavens, he is bound to give notice of it, not after the comitia +are assembled, but before they are held. But this man's ignorance is +joined to impudence, nor does he know what an augur ought to know, nor +do what a modest man ought to do. And just recollect the whole of his +conduct during his consulship from that day up to the ides of March. +What lictor was ever so humble, so abject? He himself had no power at +all; he begged everything of others; and thrusting his head into the +hind part of his litter, he begged favours of his colleagues, to sell +them himself afterwards. + +XXXIII. Behold, the day of the comitia for the election of Dolabella +arrives. The prerogative century draws its lot. He is quiet. The vote +is declared; he is still silent. The first class is called.[19] +Its vote is declared. Then, as is the usual course, the votes are +announced. Then the second class. And all this is done faster than I +have told it. When the business is over, that excellent augur (you +would say he must be Caius Laelius,) says,--"We adjourn it to another +day." Oh the monstrous impudence of such a proceeding! What had you +seen? what had you perceived? what had you heard? For you did not say +that you had been observing the heavens, and indeed you do not say +so this day. That defect then has arisen, which you on the first of +January had already foreseen would arise, and which you had predicted +so long before. Therefore, in truth, you have made a false declaration +respecting the auspices, to your own great misfortune, I hope, rather +than to that of the republic. You laid the Roman people under the +obligations of religion; you as augur interrupted an augur; you as +consul interrupted a consul by a false declaration concerning the +auspices. + +I will say no more, lest I should seem to be pulling to pieces the +acts of Dolabella; which must inevitably sometime or other be +brought before our college. But take notice of the arrogance +and insolence of the fellow. As long as you please, Dolabella +is a consul irregularly elected; again, while you please, +he is a consul elected with all proper regard to the auspices. If it +means nothing when an augur gives this notice in those words in which +you gave notice, then confess that you, when you said,--"We adjourn +this to another day," were not sober. But if those words have any +meaning, then I, an augur, demand of my colleague to know what that +meaning is. + +But lest by any chance, while enumerating his numerous exploits, our +speech should pass over the finest action of Marcus Antonius, let us +come to the Lupercalia. + +XXXIV. He does not dissemble, O conscript fathers; it is plain that he +is agitated; he perspires; he turns pale. Let him do what he pleases, +provided he is not sick, and does not behave as he did in the Minucian +colonnade. What defence can be made for such beastly behaviour? I +wish to hear, that I may see the fruit of those high wages of that +rhetorician, of that land given in Leontini. Your colleague was +sitting in the rostra, clothed in purple robe, on a golden chair, +wearing a crown. You mount the steps; you approach his chair; (if you +were a priest of Pan, you ought to have recollected that you were +consul too;) you display a diadem. There is a groan over the whole +forum. Where did the diadem come from? For you had not picked it up +when lying on the ground, but you had brought it from home with you, +a premeditated and deliberately planned wickedness. You placed the +diadem on his head amid the groans of the people; he rejected it amid +great applause. You then alone, O wicked man, were found, both to +advise the assumption of kingly power, and to wish to have him for +your master who was your colleague; and also to try what the Roman +people might be able to bear and to endure. Moreover, you even sought +to move his pity; you threw yourself at his feet as a suppliant; +begging for what? to be a slave? You might beg it for yourself, when +you had lived in such a way from the time that you were a boy that you +could bear everything, and would find no difficulty in being a slave; +but certainly you had no commission from the Roman people to try for +such a thing for them. + +Oh how splendid was that eloquence of yours, when you harangued the +people stark naked! What could be more foul than this? more shameful +than this? more deserving of every sort of punishment? Are you waiting +for me to prick you more? This that I am saying must tear you and +bring blood enough if you have any feeling at all. I am afraid that I +may be detracting from the glory of some most eminent men. Still my +indignation shall find a voice. What can be more scandalous than for +that man to live who placed a diadem on a man's head, when every one +confesses that that man was deservedly slain who rejected it? And, +moreover, he caused it to be recorded in the annals, under the head +of Lupercalia, "That Marcus Antonius, the consul, by command of the +people, had offered the kingdom to Caius Caesar, perpetual dictator; +and that Caesar had refused to accept it." I now am not much surprised +at your seeking to disturb the general tranquillity; at your hating +not only the city but the light of day; and at your living with a pack +of abandoned robbers, disregarding the day, and yet regarding nothing +beyond the day.[20] For where can you be safe in peace? What place can +there be for you where laws and courts of justice have sway, both of +which you, as far as in you lay, destroyed by the substitution of +kingly power? Was it for this that Lucius Tarquinius was driven out; +that Spurius Cassius, and Spurius Maelius, and Marcus Manlius were +slain; that many years afterwards a king might be established at Rome +by Marcus Antonius, though the bare idea was impiety? However, let us +return to the auspices. + +XXXV. With respect to all the things which Caesar was intending to +do in the senate on the ides of March, I ask whether you have done +anything? I heard, indeed, that you had come down prepared, because +you thought that I intended to speak about your having made a false +statement respecting the auspices, though it was still necessary for +us to respect them. The fortune of the Roman people saved us from that +day. Did the death of Caesar also put an end to your opinion respecting +the auspices? But I have come to mention that occasion which must +be allowed to precede those matters which I had begun to discuss. +What a flight was that of yours! What alarm was yours on that +memorable day! How, from the consciousness of your wickedness, +did you despair of your life! How, while flying, were you enabled +secretly to get home by the kindness of those men who wished +to save you, thinking you would show more sense than you do! O +how vain have at all times been my too true predictions of the future! +I told those deliverers of ours in the Capitol, when they wished me to +go to you to exhort you to defend the republic, that as long as you +were in fear you would promise everything, but that as soon as you +had emancipated yourself from alarm you would be yourself again. +Therefore, while the rest of the men of consular rank were going +backwards and forwards to you, I adhered to my opinion, nor did I see +you at all that day, or the next; nor did I think it possible for an +alliance between virtuous citizens and a most unprincipled enemy to be +made, so as to last, by any treaty or engagement whatever. The third +day I came into the temple of Tellus, even then very much against my +will, as armed men were blockading all the approaches. What a day was +that for you, O Marcus Antonius! Although you showed yourself all on a +sudden an enemy to me; still I pity you for having envied yourself. + +XXXVI. What a man, O ye immortal gods! and how great a man might +you have been, if you had been able to preserve the inclination you +displayed that day;--we should still have peace which was made then by +the pledge of a hostage, a boy of noble birth, the grandson of Marcus +Bambalio. Although it was fear that was then making you a good +citizen, which is never a lasting teacher of duty; your own audacity, +which never departs from you as long as you are free from fear, has +made you a worthless one. Although even at that time, when they +thought you an excellent man, though I indeed differed from that +opinion, you behaved with the greatest wickedness while presiding at +the funeral of the tyrant, if that ought to be called a funeral. All +that fine panegyric was yours, that commiseration was yours, that +exhortation was yours. It was you--you, I say--who hurled those +firebrands, both those with which your friend himself was nearly +burnt, and those by which the house of Lucius Bellienus was set +on fire and destroyed. It was you who let loose those attacks of +abandoned men, slaves for the most part, which we repelled by violence +and our own personal exertions; it was you who set them on to attack +our houses. And yet you, as if you had wiped off all the soot and +smoke in the ensuing days, carried those excellent resolutions in the +Capitol, that no document conferring any exemption, or granting any +favour, should be published after the ides of March. You recollect +yourself, what you said about the exiles; you know what you said +about the exemption; but the best thing of all was, that you for ever +abolished the name of the dictatorship in the republic. Which act +appeared to show that you had conceived such a hatred of kingly power +that you took away all fear of it for the future, on account of him +who had been the last dictator. + +To other men the republic now seemed established, but it did not +appear so at all to me, as I was afraid of every sort of shipwreck, +as long as you were at the helm. Have I been deceived? or, was it +possible for that man long to continue unlike himself? While you were +all looking on, documents were fixed up over the whole Capitol, and +exemptions were being sold, not merely to individuals, but to entire +states. The freedom of the city was also being given now not to single +persons only, but to whole provinces. Therefore, if these acts are to +stand,--and stand they cannot if the republic stands too,--then, O +conscript fathers, you have lost whole provinces; and not the revenues +only, but the actual empire of the Roman people has been diminished by +a market this man held in his own house. + +XXXVII. Where are the seven hundred millions of sesterces which were +entered in the account-books which are in the temple of Ops? a sum +lamentable indeed, as to the means by which it was procured, but still +one which, if it were not restored to those to whom it belonged, might +save us from taxes. And how was it, that when you owed forty millions +of sesterces on the fifteenth of March, you had ceased to owe them +by the first of April? Those things are quite countless which were +purchased of different people, not without your knowledge; but there +was one excellent decree posted up in the Capitol affecting king +Deiotarus, a most devoted friend to the Roman people. And when that +decree was posted up, there was no one who, amid all his indignation, +could restrain his laughter. For who ever was a more bitter enemy to +another than Caesar was to Deiotarus? He was as hostile to him as he +was to this order, to the equestrian order, to the people of Massilia, +and to all men whom he knew to look on the republic of the Roman +people with attachment. But this man, who neither present nor absent +could ever obtain from him any favour or justice while he was alive, +became quite an influential man with him when he was dead. When +present with him in his house he had called for him though he was his +host, he had made him give in his accounts of his revenue, he had +exacted money from him; he had established one of his Greek retainers +in his tetrarchy, and he had taken Armenia from him, which had been +given to him by the senate. While he was alive he deprived him of all +these things; now that he is dead, he gives them back again. And in +what words? At one time he says, "that it appears to him to be just, +..." at another, "that it appears not to be unjust...." What a strange +combination of words! But while alive, (I know this, for I always +supported Deiotarus, who was at a distance,) he never said that +anything which we were asking for, for him, appeared just to him. A +bond for ten millions of sesterces was entered into in the women's +apartment, (where many things have been sold, and are still +being sold,) by his ambassadors, well-meaning men, but timid and +inexperienced in business, without my advice or that of the rest of +the hereditary friends of the monarch. And I advise you to consider +carefully what you intend to do with reference to this bond. For the +king himself, of his own accord, without waiting for any of Caesar's +memoranda, the moment that he heard of his death, recovered his own +rights by his own courage and energy. He, like a wise man, knew that +this was always the law, that those men from whom the things which +tyrants had taken away had been taken, might recover them when the +tyrants were slain. No lawyer, therefore, not even he who is your +lawyer and yours alone, and by whose advice you do all these things, +will say that anything is due to you by virtue of that bond for those +things which had been recovered before that bond was executed. For he +did not purchase them of you; but, before you undertook to sell him +his own property, he had taken possession of it. He was a man--we, +indeed, deserve to be despised, who hate the author of the actions, +but uphold the actions themselves. + +XXXVIII. Why need I mention the countless mass of papers, the +innumerable autographs which have been brought forward? writings of +which there are imitators who sell their forgeries as openly as if +they were gladiators' playbills. Therefore, there are now such heaps +of money piled up in that man's house, that it is weighed out instead +of being counted.[21] But how blind is avarice! Lately, too, a +document has been posted up by which the most wealthy cities of the +Cretans are released from tribute; and by which it is ordained that +after the expiration of the consulship of Marcus Brutus, Crete shall +cease to be a province. Are you in your senses? Ought you not to be +put in confinement? Was it possible for there really to be a decree +of Caesar's exempting Crete after the departure of Marcus Brutus, when +Brutus had no connexion whatever with Crete while Caesar was alive? But +by the sale of this decree (that you may not, O conscript fathers, +think it wholly ineffectual) you have lost the province of Crete. +There was nothing in the whole world which any one wanted to buy that +this fellow was not ready to sell. + +Caesar too, I suppose, made the law about the exiles which you have +posted up. I do not wish to press upon any one in misfortune; I only +complain, in the first place, that the return of those men has had +discredit thrown upon it, whose cause Caesar judged to be different +from that of the rest; and in the second place, I do not know why you +do not mete out the same measure to all. For there can not be more +than three or four left. Why do not they who are in similar misfortune +enjoy a similar degree of your mercy? Why do you treat them as you +treated your uncle? about whom you refused to pass a law when you +were passing one about all the rest; and whom at the same time you +encouraged to stand for the censorship, and instigated him to a +canvass, which excited the ridicule and the complaint of every one. + +But why did you not hold that comitia? Was it because a tribune of the +people announced that there had been an ill-omened flash of lightning +seen? When you have any interest of your own to serve, then auspices +are all nothing; but when it is only your friends who are concerned, +then you become scrupulous. What more? Did you not also desert him +in the matter of the septemvirate?[22] "Yes, for he interfered +with me." What were you afraid of? I suppose you were afraid that +you would be able to refuse him nothing if he were restored to the +full possession of his rights. You loaded him with every species +of insult, a man whom you ought to have considered in the place +of a father to you, if you had had any piety or natural affection +at all. You put away his daughter, your own cousin, having already +looked out and provided yourself beforehand with another. That +was not enough. You accused a most chaste woman of misconduct. +What can go beyond this? Yet you were not content with this. +In a very full senate held on the first of January, while your +uncle was present, you dared to say that this was your reason for +hatred of Dolabella, that you had ascertained that he had committed +adultery with your cousin and your wife. Who can decide whether it +was more shameless of you to make such profligate and such impious +statements against that unhappy woman in the senate, or more wicked to +make them against Dolabella, or more scandalous to make them in the +presence of her father, or more cruel to make them at all? + +XXXIX. However, let us return to the subject of Caesar's written +papers. How were they verified by you? For the acts of Caesar were for +peace's sake confirmed by the senate; that is to say, the acts which +Caesar had really done, not those which Antonius said that Caesar had +done. Where do all these come from? By whom are they produced and +vouched for? If they are false, why are they ratified? If they are +true, why are they sold? But the vote which was come to enjoined you, +after the first of June, to make an examination of Caesar's acts with +the assistance of a council. What council did you consult? Whom did +you ever invite to help you? What was the first of June that you +waited for? Was it that day on which you, having travelled all +through the colonies where the veterans were settled, returned +escorted by a band of armed men? + +Oh what a splendid progress of yours was that in the months of April +and May, when you attempted even to lead a colony to Capua! How you +made your escape from thence, or rather how you barely made your +escape, we all know. And now you are still threatening that city. I +wish you would try, and we should not then be forced to say "barely." +However, what a splendid progress of yours that was! Why need +I mention your preparations for banquets, why your frantic +hard-drinking? Those things are only an injury to yourself; these are +injuries to us. We thought that a great blow was inflicted on the +republic when the Campanian district was released from the payment of +taxes, in order to be given to the soldiery; but you have divided +it among your partners in drunkenness and gambling. I tell you, O +conscript fathers, that a lot of buffoons and actresses have been +settled in the district of Campania. Why should I now complain of what +has been done in the district of Leontini? Although formerly these +lands of Campania and Leontini were considered part of the patrimony +of the Roman people, and were productive of great revenue, and very +fertile. You gave your physician three thousand acres; what would you +have done if he had cured you? and two thousand to your master of +oratory; what would you have done if he had been able to make you +eloquent? However, let us return to your progress, and to Italy. + +XL. You led a colony to Casilinum, a place to which Caesar had +previously led one. You did indeed consult me by letter about the +colony of Capua, (but I should have given you the same answer about +Casilinum,) whether you could legally lead a new colony to a place +where there was a colony already. I said that a new colony could not +be legally conducted to an existing colony, which had been established +with a due observance of the auspices, as long as it remained in a +flourishing state; but I wrote you word that new colonists might +be enrolled among the old ones. But you, elated and insolent, +disregarding all the respect due to the auspices, led a colony to +Casilinum, whither one had been previously led a few years before; in +order to erect your standard there, and to mark out the line of the +new colony with a plough. And by that plough you almost grazed the +gate of Capua, so as to diminish the territory of that flourishing +colony. After this violation of all religious observances, you hasten +off to the estate of Marcus Varro, a most conscientious and upright +man, at Casinum. By what right? with what face do you do this? By just +the same, you will say, as that by which you entered on the estates of +the heirs of Lucius Rubrius, or of the heirs of Lucius Turselius, +or on other innumerable possessions. If you got the right from any +auction, let the auction have all the force to which it is entitled; +let writings be of force, provided they are the writings of Caesar, +and not your own; writings by which you are bound, not those by which +you have released yourself from obligation. + +But who says that the estate of Varro at Casinum was ever sold at all? +who ever saw any notice of that auction? Who ever heard the voice of +the auctioneer? You say that you sent a man to Alexandria to buy it +of Caesar. It was too long to wait for Caesar himself to come! But +whoever heard (and there was no man about whose safety more people +were anxious) that any part whatever of Varro's property had been +confiscated? What? what shall we say if Caesar even wrote you that you +were to give it up? What can be said strong enough for such enormous +impudence? Remove for a while those swords which we see around us. You +shall now see that the cause of Caesar's auctions is one thing, and +that of your confidence and rashness is another. For not only shall +the owner drive you from that estate, but any one of his friends, or +neighbours, or hereditary connexions, and any agent, will have the +right to do so. + +XLI. But how many days did he spend revelling in the most scandalous +manner in that villa! From the third hour there was one scene of +drinking, gambling, and vomiting. Alas for the unhappy house itself! +how different a master from its former one has it fallen to the share +of! Although, how is he the master at all? but still by how different +a person has it been occupied! For Marcus Varro used it as a place of +retirement for his studies, not as a theatre for his lusts. What +noble discussions used to take place in that villa! what ideas were +originated there! what writings were composed there! The laws of the +Roman people, the memorials of our ancestors, the consideration of all +wisdom, and all learning, were the topics that used to be dwelt on +then;--but now, while you were the intruder there, (for I will not +call you the master,) every place was resounding with the voices of +drunken men; the pavements were floating with wine; the walls were +dripping; nobly-born boys were mixing with the basest hirelings; +prostitutes with mothers of families. Men came from Casinum, from +Aquinum, from Interamna to salute him. No one was admitted. That, +indeed, was proper. For the ordinary marks of respect were unsuited +to the most profligate of men. When going from thence to Rome he +approached Aquinum, a pretty numerous company (for it is a populous +municipality) came out to meet him. But he was carried through the +town in a covered litter, as if he had been dead. The people of +Aquinum acted foolishly, no doubt; but still they were in his road. +What did the people of Anagnia do? who, although they were out of +his line of road, came down to meet him, in order to pay him their +respects, as if he were consul. It is an incredible thing to say, but +still it was only too notorious at the time, that he returned nobody's +salutation; especially as he had two men of Anagnia with him, Mustela +and Laco; one of whom had the care of his swords, and the other of his +drinking cups. + +Why should I mention the threats and insults with which he inveighed +against the people of Teanum Sidicinum, with which he harassed the men +of Puteoli, because they had adopted Caius Cassius and the Bruti as +their patrons? a choice dictated, in truth, by great wisdom, and great +zeal, benevolence, and affection for them; not by violence and force +of arms, by which men have been compelled to choose you, and Basilus, +and others like you both,--men whom no one would choose to have for +his own clients, much less to be their client himself. + +XLII. In the mean time, while you yourself were absent, what a day was +that for your colleague when he overturned that tomb in the forum, +which you were accustomed to regard with veneration! And when that +action was announced to you, you--as is agreed upon by all who were +with you at the time--fainted away. What happened afterwards I know +not. I imagine that terror and arms got the mastery. At all events, +you dragged your colleague down from his heaven; and you rendered him, +not even now like yourself, but at all events very unlike his own +former self. + +After that what a return was that of yours to Rome! How great was the +agitation of the whole city! We recollected Cinna being too powerful; +after him we had seen Sylla with absolute authority, and we had lately +beheld Caesar acting as king. There were perhaps swords, but they were +sheathed, and they were not very numerous. But how great and how +barbaric a procession is yours! Men follow you in battle array with +drawn swords; we see whole litters full of shields borne along. And +yet by custom, O conscript fathers, we have become inured and callous +to these things. When on the first of June we wished to come to the +senate, as it had been ordained, we were suddenly frightened and +forced to flee. But he, as having no need of a senate, did not miss +any of us, and rather rejoiced at our departure, and immediately +proceeded to those marvellous exploits of his. He who had defended the +memoranda of Caesar for the sake of his own profit, overturned the laws +of Caesar--and good laws too--for the sake of being able to agitate the +republic. He increased the number of years that magistrates were +to enjoy their provinces; moreover, though he was bound to be the +defender of the acts of Caesar, he rescinded them both with reference +to public and private transactions. + +In public transactions nothing is more authoritative than law; in +private affairs the most valid of all deeds is a will. Of the laws, +some he abolished without giving the least notice; others he gave +notice of bills to abolish. Wills he annulled; though they have been +at all times held sacred even in the case of the very meanest of the +citizens. As for the statues and pictures which Caesar bequeathed to +the people, together with his gardens, those he carried away, some to +the house which belonged to Pompeius, and some to Scipio's villa. + +XLIII. And are you then diligent in doing honour to Caesar's memory? +Do you love him even now that he is dead? What greater honour had he +obtained than that of having a holy cushion, an image, a temple, and +a priest? As then Jupiter, and Mars, and Quirinus have priests, so +Marcus Antonius is the priest of the god Julius. Why then do you +delay? why are not you inaugurated? Choose a day; select some one to +inaugurate you; we are colleagues; no one will refuse O you detestable +man, whether you are the priest of a tyrant, or of a dead man! I ask +you then, whether you are ignorant what day this is? Are you ignorant +that yesterday was the fourth day of the Roman games in the Circus? +and that you yourself submitted a motion to the people, that a fifth +day should be added besides, in honour of Caesar? Why are we not all +clad in the praetexta? Why are we permitting the honour which by your +law was appointed for Caesar to be deserted? Had you no objection to so +holy a day being polluted by the addition of supplications, while you +did not choose it to be so by the addition of ceremonies connected +with a sacred cushion? Either take away religion in every case, or +preserve it in every case. + +You will ask whether I approve of his having a sacred cushion, a +temple and a priest? I approve of none of those things. But you, +who are defending the acts of Caesar, what reason can you give for +defending some, and disregarding others? unless, indeed, you choose +to admit that you measure everything by your own gain, and not by +his dignity. What will you now reply to these arguments?--(for I am +waiting to witness your eloquence; I knew your grandfather, who was +a most eloquent man, but I know you to be a more undisguised speaker +than he was; he never harangued the people naked; but we have seen +your breast, man, without disguise as you are.) Will you make any +reply to these statements? will you dare to open your mouth at all? +Can you find one single article in this long speech of mine, to which +you trust that you can make any answer? However, we will say no more +of what is past. + +XLIV. But this single day, this very day that now is, this very moment +while I am speaking, defend your conduct during this very moment, if +you can. Why has the senate been surrounded with a belt of armed men? +Why are your satellites listening to me sword in hand? Why are not the +folding-doors of the temple of Concord open? Why do you bring men of +all nations the most barbarous, Ityreans, armed with arrows, into the +forum? He says, that he does so as a guard. Is it not then better to +perish a thousand times than to be unable to live in one's own city +without a guard of armed men? But believe me, there is no protection +in that;--a man must be defended by the affection and good-will of his +fellow citizens, not by arms. The Roman people will take them from +you, will wrest them from your hands, I wish that they may do so while +we are still safe. But however you treat us, as long as you adopt +those counsels, it is impossible for you, believe me, to last long. In +truth, that wife of yours, who is so far removed from covetousness, +and whom I mention without intending any slight to her, has been too +long owing[23] her third payment to the state. The Roman people has +men to whom it can entrust the helm of the state, and wherever they +are, there is all the defence of the republic, or rather, there is +the republic itself, which as yet has only avenged, but has not +reestablished itself. Truly and surely has the republic most high born +youths ready to defend it,--though they may for a time keep in the +background from a desire for tranquillity, still they can be recalled +by the republic at any time. + +The name of peace is sweet, the thing itself is most salutary. But +between peace and slavery there is a wide difference. Peace is liberty +in tranquillity, slavery is the worst of all evils,--to be repelled, +if need be, not only by war, but even by death. But if those +deliverers of ours have taken themselves away out of our sight, still +they have left behind the example of their conduct. They have done +what no one else had done. Brutus pursued Tarquinius with war, who +was a king when it was lawful for a king to exist in Rome. Spurius +Cassius, Spurius Maelius, and Marcus Manlius were all slain because +they were suspected of aiming at regal power. These are the first men +who have ever ventured to attack, sword in hand, a man who was not +aiming at regal power, but actually reigning. And their action is not +only of itself a glorious and godlike exploit, but it is also one put +forth for our imitation, especially since by it they have acquired +such glory as appears hardly to be bounded by heaven itself. For +although in the very consciousness of a glorious action there is a +certain reward, still I do not consider immortality of glory a thing +to be despised by one who is himself mortal. + +XLV. Recollect then, O Marcus Antonius, that day on which you +abolished the dictatorship. Set before you the joy of the senate and +people of Rome, compare it with this infamous market held by you +and by your friends, and then you will understand how great is the +difference between praise and profit. But in truth, just as some +people, through some disease which has blunted the senses, have +no conception of the niceness of food, so men who are lustful, +avaricious, and criminal, have no taste for true glory. But if praise +cannot allure you to act rightly, still cannot even fear turn you away +from the most shameful actions? You are not afraid of the courts of +justice. If it is because you are innocent I praise you, if because +you trust in your power of overbearing them by violence, are you +ignorant of what that man has to fear, who on such an account as that +does not fear the courts of justice? + +But if you are not afraid of brave men and illustrious citizens, +because they are prevented from attacking you by your armed retinue, +still, believe me, your own fellows will not long endure you. And +what a life is it, day and night to be fearing danger from one's own +people! Unless, indeed, you have men who are bound to you by greater +kindnesses than some of those men by whom he was slain were bound to +Caesar, or unless there are points in which you can be compared with +him. + +In that man were combined genius, method, memory, literature, +prudence, deliberation, and industry. He had performed exploits in war +which, though calamitous for the republic, were nevertheless mighty +deeds. Having for many years aimed at being a king, he had with great +labour, and much personal danger, accomplished what he intended. He +had conciliated the ignorant multitude by presents, by monuments, by +largesses of food, and by banquets, he had bound his own party to him +by rewards, his adversaries by the appearances of clemency. Why need I +say much on such a subject? He had already brought a free city, partly +by fear, partly by patience, into a habit of slavery. + +XLVI. With him I can, indeed, compare you as to your desire to reign, +but in all other respects you are in no degree to be compared to +him. But from the many evils which by him have been burnt into the +republic, there is still this good, that the Roman people has now +learnt how much to believe every one, to whom to trust itself, and +against whom to guard. Do you never think on these things? And do you +not understand that it is enough for brave men to have learnt how +noble a thing it is as to the act, how grateful it is as to the +benefit done, how glorious as to the fame acquired, to slay a tyrant? +When men could not bear him, do you think they will bear you? Believe +me, the time will come when men will race with one another to do +this deed, and when no one will wait for the tardy arrival of an +opportunity. + +Consider, I beg you, Marcus Antonius, do some time or other consider +the republic: think of the family of which you are born, not of the +men with whom you are living. Be reconciled to the republic. However, +do you decide on your conduct. As to mine, I myself will declare what +that shall be. I defended the republic as a young man, I will not +abandon it now that I am old. I scorned the sword of Catiline, I will +not quail before yours. No, I will rather cheerfully expose my own +person, if the liberty of the city can be restored by my death. + +May the indignation of the Roman people at last bring forth what it +has been so long labouring with. In truth, if twenty years ago in this +very temple I asserted that death could not come prematurely upon a +man of consular rank, with how much more truth must I now say the same +of an old man? To me, indeed, O conscript fathers, death is now even +desirable, after all the honours which I have gained, and the deeds +which I have done. I only pray for these two things: one, that dying +I may leave the Roman people free. No greater boon than this can be +granted me by the immortal gods. The other, that every one may meet +with a fate suitable to his deserts and conduct towards the republic. + + + + +THE THIRD PHILIPPIC, OR THIRD SPEECH OF M. T. CICERO AGAINST MARCUS +ANTONIUS. + + +THE ARGUMENT. + + +After the composition of the last speech, Octavius, considering that +he had reason to be offended with Antonius, formed a plot for his +assassination by means of some slaves, which however was discovered. +In the mean time Antonius began to declare more and more openly +against the conspirators. He erected a statue in the forum to Caesar, +with the inscription, "To the most worthy Defender of his Country." +Octavius at the same time was trying to win over the soldiers of his +uncle Julius, and out-bidding Antonius in all his promises to them, so +that he soon collected a formidable army of veterans. But as he had no +public office to give him any colour for this conduct, he paid great +court to the republican party, in hopes to get his proceedings +authorized by the senate; and he kept continually pressing Cicero to +return to Rome and support him. Cicero, however, for some time kept +aloof, suspecting partly his abilities, on account of his exceeding +youth, and partly his sincerity in reconciling himself to his uncle's +murderers; however, at last he returned, after expressly stipulating +that Octavius should employ all his forces in defence of Brutus and +his accomplices. + +Antonius left Rome about the end of September, in order to engage in +his service four legions of Caesar's, which were on their return from +Macedonia. But when they arrived at Brundusium three of them refused +to follow him, on which he murdered all their centurions, to the +number of three hundred, who were all put to death in his lodgings, in +the sight of himself and Fulvia his wife, and then returned to Rome +with the one legion which he had prevailed on; while the other three +legions declared as yet for neither party. On his arrival in Rome he +published many very violent edicts, and summoned the senate to meet +on the twenty-fourth of October; then he adjourned it to the +twenty-eighth; and a day or two before it met, he heard that two out +of the three legions had declared for Octavius, and encamped at Alba. +And this news alarmed him so much, that he abandoned his intention of +proposing to the senate a decree to declare Octavius a public enemy, +and after distributing some provinces among his friends, he put on +his military robes, and left the city to take possession of Cisalpine +Gaul, which had been assigned to him by a pretended law of the people, +against the will of the senate. + +On the news of his departure Cicero returned to Rome, where he arrived +on the ninth of December. He immediately conferred with Pansa, one of +the consuls elect, (Hirtius his colleague was ill,) as to the measures +to be taken. He was again addressed with earnest solicitations by +the friends of Octavius, who, to confirm his belief in his good +intentions, allowed Casca, who had been one of the slayers of Caesar, +and had himself given him the first blow, to enter on his office as +tribune of the people on the tenth of December. + +The new tribunes convoked the senate for the nineteenth, on which +occasion Cicero had intended to be absent, but receiving the day +before the edict of Decimus Brutus, by which he forbade Antonius to +enter his province (immediately after the death of Caesar he had taken +possession of Cisalpine Gaul, which had been conferred on him by +Caesar), and declared that he would defend it against him by force and +preserve it in its duty to the senate, he thought it necessary to +procure for Brutus a resolution of the senate in his favour. He went +down therefore very early, and, in a very full house, delivered the +following speech. + +I. We have been assembled at length, O conscript fathers, altogether +later than the necessities of the republic required; but still we are +assembled, a measure which I, indeed, have been every day demanding, +inasmuch as I saw that a nefarious war against our altars and our +hearths, against our lives and our fortunes was, I will not say being +prepared, but being actually waged by a profligate and desperate man. +People are waiting for the first of January. But Antonius is not +waiting for that day, who is now attempting with an army to invade the +province of Decimus Brutus, a most illustrious and excellent man. And +when he has procured reinforcements and equipments there, he threatens +that he will come to this city. What is the use then of waiting, or +of even a delay for the very shortest time? For although the first of +January is at hand, still a short time is a long one for people who +are not prepared. For a day, or I should rather say an hour, often +brings great disasters, if no precautions are taken. And it is not +usual to wait for a fixed day for holding a council, as it is for +celebrating a festival. But if the first of January had fallen on +the day when Antonius first fled from the city, or if people had not +waited for it, we should by this time have no war at all. For we +should easily have crushed the audacity of that frantic man by the +authority of the senate and the unanimity of the Roman people. And +now, indeed, I feel confident that the consuls elect will do so, +as soon as they enter on their magistracy. For they are men of the +highest courage, of the most consummate wisdom, and they will act in +perfect harmony with each other. But my exhortations to rapid and +instant action are prompted by a desire not merely for victory, but +for speedy victory. + +For how long are we to trust to the prudence of an individual to repel +so important, so cruel, and so nefarious a war? Why is not the public +authority thrown into the scale as quickly as possible? + +II. Caius Caesar, a young man, or, I should rather say, almost a boy, +endued with an incredible and godlike degree of wisdom and valour, at +the time when the frenzy of Antonius was at its height, and when +his cruel and mischievous return from Brundusium was an object of +apprehension to all, while we neither desired him to do so, nor +thought of such a measure, nor ventured even to wish it, (because it +did not seem practicable,) collected a most trustworthy army from the +invincible body of veteran soldiers, and has spent his own patrimony +in doing so. Although I have not used the expression which I +ought,--for he has not spent it,--he has invested it in the safety of +the republic. + +And although it is not possible to requite him with all the thanks to +which he is entitled, still we ought to feel all the gratitude towards +him which our minds are capable of conceiving. For who is so ignorant +of public affairs, so entirely indifferent to all thoughts of the +republic, as not to see that, if Marcus Antonius could have come with +those forces which he made sure that he should have, from Brundusium +to Rome, as he threatened, there would have been no description of +cruelty which he would not have practised? A man who in the house of +his entertainer at Brundusium ordered so many most gallant men +and virtuous citizens to be murdered, and whose wife's face was +notoriously besprinkled with the blood of men dying at his and her +feet. Who is there of us, or what good man is there at all, whom a man +stained with this barbarity would ever have spared; especially as he +was coming hither much more angry with all virtuous men than he had +been with those whom he had massacred there? And from this calamity +Caesar has delivered the republic by his own individual prudence, (and, +indeed, there were no other means by which it could have been done.) +And if he had not been born in this republic we should, owing to the +wickedness of Antonius, now have no republic at all. + +For this is what I believe, this is my deliberate opinion, that if +that one young man had not checked the violence and inhuman projects +of that frantic man, the republic would have been utterly destroyed. +And to him we must, O conscript fathers, (for this is the first time, +met in such a condition, that, owing to his good service, we are at +liberty to say freely what we think and feel,) we must, I say, this +day give authority, so that he may be able to defend the republic, not +because that defence has been voluntarily undertaken by him but also +because it has been entrusted to him by us. + +III. Nor (since now after a long interval we are allowed to speak +concerning the republic) is it possible for us to be silent about the +Martial legion. For what single man has ever been braver, what single +man has ever been more devoted to the republic than the whole of the +Martial legion? which, as soon as it had decided that Marcus Antonius +was an enemy of the Roman people, refused to be a companion of his +insanity; deserted him though consul; which, in truth, it would not +have done if it had considered him as consul, who, as it saw, was +aiming at nothing and preparing nothing but the slaughter of the +citizens, and the destruction of the state. And that legion has +encamped at Alba. What city could it have selected either more +suitable for enabling it to act, or more faithful, or full of more +gallant men, or of citizens more devoted to the republic? + +The fourth legion, imitating the virtue of this legion, under the +leadership of Lucius Egnatuleius, the quaestor, a most virtuous and +intrepid citizen, has also acknowledged the authority and joined the +army of Caius Caesar. + +We, therefore, O conscript fathers, must take care that those things +which this most illustrious young man, this most excellent of all men +has of his own accord done, and still is doing, be sanctioned by our +authority; and the admirable unanimity of the veterans, those most +brave men, and of the Martial and of the fourth legion, in their zeal +for the reestablishment of the republic, be encouraged by our praise +and commendation. And let us pledge ourselves this day that their +advantage, and honours, and rewards shall be cared for by us as soon +as the consuls elect have entered on their magistracy. + +IV. And the things which I have said about Caesar and about his army, +are, indeed, already well known to you. For by the admirable valour +of Caesar, and by the firmness of the veteran soldiers, and by the +admirable discernment of those legions which have followed our +authority, and the liberty of the Roman people, and the valour of +Caesar, Antonius has been repelled from his attempts upon our lives. +But these things, as I have said, happened before; but this recent +edict of Decimus Brutus, which has just been issued, can certainly not +be passed over in silence. For he promises to preserve the province of +Gaul in obedience to the senate and people of Rome. O citizen, born +for the republic; mindful of the name he bears; imitator of his +ancestors! Nor, indeed, was the acquisition of liberty so much an +object of desire to our ancestors when Tarquinius was expelled, as, +now that Antonius is driven away, the preservation of it is to us. +Those men had learnt to obey kings ever since the foundation of +the city, but we from the time when the kings were driven out have +forgotten how to be slaves. And that Tarquinius, whom our ancestors +expelled, was not either considered or called cruel or impious, +but only The Proud. That vice which we have often borne in private +individuals, our ancestors could not endure even in a king. + +Lucius Brutus could not endure a proud king. Shall Decimus Brutus +submit to the kingly power of a man who is wicked and impious? What +atrocity did Tarquinius ever commit equal to the innumerable acts of +the sort which Antonius has done and is still doing? Again, the kings +were used to consult the senate; nor, as is the case when Antonius +holds a senate, were armed barbarians ever introduced into the council +of the king. The kings paid due regard to the auspices, which this +man, though consul and augur, has neglected, not only by passing laws +in opposition to the auspices, but also by making his colleague (whom +he himself had appointed irregularly, and had falsified the auspices +in order to do so) join in passing them. Again, what king was ever +so preposterously impudent as to have all the profits, and +kindnesses, and privileges of his kingdom on sale? But what immunity +is there, what rights of citizenship, what rewards that this man has +not sold to individuals, and to cities, and to entire provinces? +We have never heard of anything base or sordid being imputed to +Tarquinius. But at the house of this man gold was constantly being +weighed out in the spinning room, and money was being paid, and in +one single house every soul who had any interest in the business was +selling the whole empire of the Roman people. We have never heard of +any executions of Roman citizens by the orders of Tarquinius, but this +man both at Suessa murdered the man whom he had thrown into prison, +and at Brundusium massacred about three hundred most gallant men and +most virtuous citizens. Lastly, Tarquinius was conducting a war in +defence of the Roman people at the very time when he was expelled. +Antonius was leading an army against the Roman people at the time +when, being abandoned by the legions, he cowered at the name of Caesar +and at his army, and neglecting the regular sacrifices, he offered up +before daylight vows which he could never mean to perform, and at +this very moment he is endeavouring to invade a province of the Roman +people. The Roman people, therefore, has already received and is still +looking for greater services at the hand of Decimus Brutus than our +ancestors received from Lucius Brutus, the founder of this race and +name which we ought to be so anxious to preserve. + +V. But, while all slavery is miserable, to be slave to a man who is +profligate, unchaste, effeminate, never, not even while in fear, +sober, is surely intolerable. He, then, who keeps this man out of +Gaul, especially by his own private authority, judges, and judges most +truly, that he is not consul at all. We must take care, therefore, O +conscript fathers, to sanction the private decision of Decimus Brutus +by public authority. Nor, indeed, ought you to have thought Marcus +Antonius consul at any time since the Lupercalia. For on the day +when he, in the sight of the Roman people, harangued the mob, naked, +perfumed, and drunk, and laboured moreover to put a crown on the head +of his colleague, on that day he abdicated not only the consulship, +but also his own freedom. At all events he himself must at once have +become a slave, if Caesar had been willing to accept from him that +ensign of royalty. Can I then think him a consul, can I think him a +Roman citizen, can I think him a freeman, can I even think him a man, +who on that shameful and wicked day showed what he was willing to +endure while Caesar lived, and what he was anxious to obtain himself +after he was dead? + +Nor is it possible to pass over in silence the virtue and the firmness +and the dignity of the province of Gaul. For that is the flower of +Italy, that is the bulwark of the empire of the Roman people, that is +the chief ornament of our dignity. But so perfect is the unanimity of +the municipal towns and colonies of the province of Gaul, that all +men in that district appear to have united together to defend the +authority of this order, and the majesty of the Roman people. +Wherefore, O tribunes of the people, although you have not actually +brought any other business before us beyond the question of +protection, in order that the consuls may be able to hold the senate +with safety on the first of January, still you appear to me to have +acted with great wisdom and great prudence in giving an opportunity +of debating the general circumstances of the republic. For when you +decided that the senate could not be held with safety without some +protection or other, you at the same time asserted by that decision +that the wickedness and audacity of Antonius was still continuing its +practices within our walls. + +VI. Wherefore, I will embrace every consideration in my opinion which +I am now going to deliver, a course to which you, I feel sure, have no +objection, in order that authority may be conferred by us on admirable +generals, and that hope of reward may be held out by us to gallant +soldiers, and that a formal decision may be come to, not by words +only, but also by actions, that Antonius is not only not a consul, but +is even an enemy. For if he be consul, then the legions which have +deserted the consul deserve beating[24] to death. Caesar is wicked, +Brutus is impious, since they of their own heads have levied an army +against the consul. But if new honours are to be sought out for the +soldiers on account of their divine and immortal merits, and if it +is quite impossible to show gratitude enough to the generals, who is +there who must not think that man a public enemy, whose conduct +is such that those who are in arms against him are considered the +saviours of the republic? + +Again, how insulting is he in his edicts! how ignorant! How like a +barbarian! In the first place, how has he heaped abuse on Caesar, +in terms drawn from his recollection of his own debauchery and +profligacy. For where can we find any one who is chaster than this +young man? who is more modest? where have we among our youth a more +illustrious example of the old-fashioned strictness? Who, on the other +hand, is more profligate than the man who abuses him? He reproaches +the son of Caius Caesar with his want of noble blood, when even his +natural[25] father, if he had been alive, would have been made consul. +His mother is a woman of Aricia. You might suppose he was saying a +woman of Tralles, or of Ephesus. Just see how we all who come from the +municipal towns--that is to say, absolutely all of us--are looked down +upon; for how few of us are there who do not come from those towns? +and what municipal town is there which he does not despise who looks +with such contempt on Aricia; a town most ancient as to its antiquity; +if we regard its rights, united with us by treaty; if we regard its +vicinity, almost close to us; if we regard the high character of its +inhabitants, most honourable? It is from Aricia that we have received +the Voconian and Atinian laws; from Aricia have come many of those +magistrates who have filled our curule chairs, both in our fathers' +recollection and in our own; from Aricia have sprung many of the best +and bravest of the Roman knights. But if you disapprove of a wife from +Aricia, why do you approve of one from Tusculum? Although the father +of this most virtuous and excellent woman, Marcus Atius Balbus, a man +of the highest character, was a man of praetorian rank; but the father +of your wife,--a good woman, at all events a rich one,--a fellow of +the name of Bambalio, was a man of no account at all. Nothing could be +lower than he was, a fellow who got his surname as a sort of insult, +derived[26] from the hesitation of his speech and the stolidity of his +understanding. Oh, but your grandfather was nobly born. Yes, he was +that Tuditanus who used to put on a cloak and buskins, and then go +and scatter money from the rostra among the people. I wish he had +bequeathed his contempt of money to his descendants! You have, indeed, +a most glorious nobility of family! But how does it happen that the +son of a woman of Aricia appears to you to be ignoble, when you +are accustomed to boast of a descent on the mother's side which is +precisely the same?[27] Besides, what insanity is it for that man to +say anything about the want of noble birth in men's wives, when his +father married Numitoria of Fregellae, the daughter of a traitor, and +when he himself has begotten children of the daughter of a freedman. +However, those illustrious men Lucius Philippus, who has a wife who +came from Aricia, and Caius Marcellus, whose wife is the daughter of +an Arician, may look to this; and I am quite sure that they have no +regrets on the score of the dignity of those admirable women. + +VII. Moreover, Antonius proceeds to name Quintus Cicero, my brother's +son, in his edict; and is so mad as not to perceive that the way in +which he names him is a panegyric on him. For what could happen more +desirable for this young man, than to be known by every one to be the +partner of Caesar's counsels, and the enemy of the frenzy of Antonius? +But this gladiator has dared to put in writing that he had designed +the murder of his father and of his uncle. Oh the marvellous +impudence, and audacity, and temerity of such an assertion! to dare to +put this in writing against that young man, whom I and my brother, +on account of his amiable manners, and pure character, and splendid +abilities, vie with one another in loving, and to whom we incessantly +devote our eyes, and ears, and affections! And as to me, he does not +know whether he is injuring or praising me in those same edicts. When +he threatens the most virtuous citizens with the same punishment which +I inflicted on the most wicked and infamous of men, he seems to praise +me as if he were desirous of copying me; but when he brings up again +the memory of that most illustrious exploit, then he thinks that he is +exciting some odium against me in the breasts of men like himself. + +VIII. But what is it that he has done himself? When he had published +all these edicts, he issued another, that the senate was to meet in a +full house on the twenty-fourth of November. On that day he himself +was not present. But what were the terms of his edict? These, I +believe, are the exact words of the end of it: "If any one fails to +attend, all men will be at liberty to think him the adviser of my +destruction and of most ruinous counsels". What are ruinous counsels? +those which relate to the recovery of the liberty of the Roman people? +Of those counsels I confess that I have been and still am an adviser +and prompter to Caesar. Although he did not stand in need of any one's +advice, but still I spurned on the willing horse, as it is said. For +what good man would not have advised putting you to death, when on +your death depended the safety and life of every good man, and the +liberty and dignity of the Roman people? + +But when he had summoned us all by so severe an edict, why did he not +attend himself? Do you suppose that he was detained by any melancholy +or important occasion? He was detained drinking and feasting. If, +indeed, it deserves to be called a feast, and not rather gluttony. +He neglected to attend on the day mentioned in his edict, and he +adjourned the meeting to the twenty-eighth. He then summoned us to +attend in the Capitol, and at that temple he did arrive himself, +coming up through some mine left by the Gauls. Men came, having been +summoned, some of them indeed men of high distinction, but forgetful +of what was due to their dignity. For the day was such, the report of +the object of the meeting such, such too the man who had convened the +senate, that it was discreditable for a senate to feel no fear for the +result. And yet to those men who had assembled he did not dare to +say a single word about Caesar, though he had made up his mind[28] +to submit a motion respecting him to the senate. There was a man of +consular rank who had brought a resolution ready drawn up. Is it not +now admitting that he is himself an enemy, when he does not dare to +make a motion respecting a man who is leading an army against him +while he is consul? For it is perfectly plain that one of the two +must be an enemy, nor is it possible to come to a different decision +respecting adverse generals. If then Caius Caesar be an enemy, why does +the consul submit no motion to the senate? If he does not deserve to +be branded by the senate, then what can the consul say, who, by his +silence respecting him, has confessed that he himself is an enemy? In +his edicts he styles him Spartacus, while in the senate he does not +venture to call him even a bad citizen. + +IX. But in the most melancholy circumstances what mirth does he not +provoke? I have committed to memory some short phrases of one edict, +which he appears to think particularly clever, but I have not as yet +found any one who has understood what he intended by them. "That is no +insult which a worthy man does." Now, in the first place, what is the +meaning of "worthy?" For there are many men worthy of punishment, as +he himself is. Does he mean what a man does who is invested with any +dignity?[29] if so, what insult can be greater? Moreover, what is the +meaning of "doing an insult?" Who ever uses such an expression? Then +comes, "Nor any fear which an enemy threatens" What then? is fear +usually threatened by a friend? Then came many similar sentences. Is +it not better to be dumb, than to say what no one can understand? Now +see why his tutor, exchanging pleas for ploughs, has had given to him +in the public domain of the Roman people two thousand acres of land in +the Leontine district, exempt from all taxes, for making a stupid man +still stupider at the public expense. + +However, these perhaps are trifling matters. I ask now, why all on a +sudden he became so gentle in the senate, after having been so fierce +in his edicts? For what was the object of threatening Lucius Cassius, +a most fearless tribune of the people, and a most virtuous and loyal +citizen, with death if he came to the Senate? of expelling Decimus +Caifulenus, a man thoroughly attached to the republic, from the senate +by violence and threats of death? of interdicting Titus Canutius, by +whom he had been repeatedly and deservedly harassed by most legitimate +attacks, not only from the temple itself but from all approach to it? +What was the resolution of the senate which he was afraid that they +would stop by the interposition of their veto? That, I suppose, +respecting the supplication in honour of Marcus Lepidus, a most +illustrious man! Certainly there was a great danger of our hindering +an ordinary compliment to a man on whom we were every day thinking +of conferring some extraordinary honour. However, that he might not +appear to have had no reason at all for ordering the senate to +meet, he was on the point of bringing forward some motion about the +republic, when the news about the fourth legion came; which entirely +bewildered him, and hastening to flee away, he took a division on the +resolution for decreeing this supplication, though such a proceeding +had never been heard of before.[30] + +X. But what a setting out was his after this! what a journey when he +was in his robe as a general! How did he shun all eyes, and the light +of day, and the city, and the forum! How miserable was his flight! how +shameful! how infamous! Splendid, too, were the decrees of the senate +passed on the evening of that very day; very religiously solemn +was the allotment of the provinces; and heavenly indeed was the +opportunity, when everyone got exactly what he thought most desirable. +You are acting admirably, therefore, O tribunes of the people, in +bringing forward a motion about the protection of the senate and +consuls, and most deservedly are we all bound to feel and to prove to +you the greatest gratitude for your conduct. For how can we be free +from fear and danger while menaced by such covetousness and audacity? +And as for that ruined and desperate man, what more hostile decision +can be passed upon him than has already been passed by his own +friends? His most intimate friend, a man connected with me too, Lucius +Lentulus, and also Publius Naso, a man destitute of covetousness, have +shown that they think that they have no provinces assigned them, and +that the allotments of Antonius are invalid. Lucius Philippus, a man +thoroughly worthy of his father and grandfather and ancestors, has +done the same. The same is the opinion of Marcus Turanius, a man of +the greatest integrity and purity of life. The same is the conduct +of Publius Oppius; and those very men,--who, influenced by their +friendship for Marcus Antonius, have attributed to him more power than +they would perhaps really approve of,--Marcus Piso, my own connexion, +a most admirable man and virtuous citizen, and Marcus Vehilius, a man +of equal respectability, have both declared that they would obey the +authority of the senate. Why should I speak of Lucius Cinna? whose +extraordinary integrity, proved under many trying circumstances, makes +the glory of his present admirable conduct less remarkable; he has +altogether disregarded the province assigned to him; and so has Caius +Cestius, a man of great and firm mind. + +Who are there left then to be delighted with this heavensent +allotment? Lucius Antonius and Marcus Antonius! O happy pair! for +there is nothing that they wished for more. Caius Antonius has +Macedonia. Happy, too, is he! For he was constantly talking about this +province. Caius Calvisius has Africa. Nothing could be more fortunate, +for he had only just departed from Africa, and, as if he had divined +that he should return, he left two lieutenants at Utica. Then Marcus +Iccius has Sicily, and Quintus Cassius Spain. I do not know what to +suspect. I fancy the lots which assigned these two provinces, were not +quite so carefully attended to by the gods. + +XI. O Caius Caesar, (I am speaking of the young man,) what safety have +you brought to the republic! How unforeseen has it been! how sudden! +for if he did these things when flying, what would he have done when +he was pursuing? In truth, he had said in a harangue that he would be +the guardian of the city; and that he would keep his army at the +gates of the city till the first of May. What a fine guardian (as the +proverb goes) is the wolf of the sheep! Would Antonius have been a +guardian of the city, or its plunderer and destroyer? And he said too +that he would come into the city and go out as he pleased. What more +need I say? Did he not say, in the hearing of all the people, while +sitting in front of the temple of Castor, that no one should remain +alive but the conqueror? + +On this day, O conscript fathers, for the first time after a long +interval do we plant our foot and take possession of liberty. Liberty, +of which, as long as I could be, I was not only the defender, but even +the saviour. But when I could not be so, I rested; and I bore the +misfortunes and misery of that period without abjectness, and not +without some dignity. But as for this most foul monster, who could +endure him, or how could any one endure him? What is there in Antonius +except lust, and cruelty, and wantonness, and audacity? Of these +materials he is wholly made up. There is in him nothing ingenuous, +nothing moderate, nothing modest, nothing virtuous. Wherefore, since +the matter has come to such a crisis that the question is whether he +is to make atonement to the republic for his crimes, or we are to +become slaves, let us at last, I beseech you, by the immortal gods, +O conscript fathers, adopt our fathers' courage, and our fathers' +virtue, so as either to recover the liberty belonging to the Roman +name and race, or else to prefer death to slavery. We have borne and +endured many things which ought not to be endured in a free city, some +of us out of a hope of recovering our freedom, some from too great a +fondness for life. But if we have submitted to these things, which +necessity and a sort of force which may seem almost to have been put +on us by destiny have compelled us to endure, though, in point of +fact, we have not endured them, are we also to bear with the most +shameful and inhuman tyranny of this profligate robber? + +XII. What will he do in his passion, if ever he has the power, who, +when he is not able to show his anger against any one, has been the +enemy of all good men? What will he not dare to do when victorious, +who, without having gained any victory, has committed such crimes as +these since the death of Caesar? has emptied his well filled house? has +pillaged his gardens? has transferred to his own mansion all their +ornaments? has sought to make his death a pretext for slaughter and +conflagration? who, while he has carried two or three resolutions of +the senate which have been advantageous to the republic, has made +everything else subservient to his own acquisition of gain and +plunder? who has put up exemptions and annuities to sale? who has +released cities from obligations? who has removed whole provinces +from subjection to the Roman empire? who has restored exiles? who has +passed forged laws in the name of Caesar, and has continued to have +forged decrees engraved on brass and fixed up in the Capitol, and has +set up in his own house a domestic market for all things of that sort? +who has imposed laws on the Roman people? and who, with armed troops +and guards, has excluded both the people and the magistrates from the +forum? who has filled the senate with armed men? and has introduced +armed men into the temple of Concord when he was holding a senate +there? who ran down to Brundusium to meet the legions, and then +murdered all the centurions in them who were well affected to the +republic? who endeavoured to come to Rome with his army to accomplish +our massacre and the utter destruction of the city? + +And he, now that he has been prevented from succeeding in this attempt +by the wisdom and forces of Caesar, and the unanimity of the veterans, +and the valour of the legions, even now that his fortunes are +desperate, does not diminish his audacity, nor, mad that he is, does +he cease proceeding in his headlong career of fury. He is leading his +mutilated army into Gaul, with one legion, and that too wavering in +its fidelity to him, he is waiting for his brother Lucius, as he +cannot find any one more nearly like himself than him. But now what +slaughter is this man, who has thus become a captain instead of a +matador, a general instead of a gladiator, making, wherever he sets +his foot! He destroys stores, he slays the flocks and herds, and all +the cattle, wherever he finds them, his soldiers revel in their spoil, +and he himself, in order to imitate his brother, drowns himself in +wine. Fields are laid waste, villas are plundered, matrons, virgins, +well born boys are carried off and given up to the soldiery, and +Marcus Antonius has done exactly the same wherever he has led his +army. + +XIII. Will you open your gates to these most infamous brothers? will +you ever admit them into the city? will you not rather, now that the +opportunity is offered to you, now that you have generals ready, and +the minds of the soldiers eager for the service, and all the Roman +people unanimous, and all Italy excited with the desire to recover its +liberty,--will you not, I say, avail yourself of the kindness of the +immortal gods? You will never have an opportunity if you neglect this +one. He will be hemmed in in the rear, in the front, and in flank, if +he once enters Gaul. Nor must he be attacked by arms alone, but by +our decrees also. Mighty is the authority, mighty is the name of +the senate when all its members are inspired by one and the same +resolution. Do you not see how the forum is crowded? how the Roman +people is on tiptoe with the hope of recovering its liberty? which +now, beholding us, after a long interval, meeting here in numbers, +hopes too that we are also met in freedom. It was in expectation of +this day that I avoided the wicked army of Marcus Antonius, at a +time when he, while inveighing against me, was not aware for what an +occasion I was reserving myself and my strength. If at that time I had +chosen to reply to him, while he was seeking to begin the massacre +with me, I should not now be able to consult the welfare of the +republic. But now that I have this opportunity, I will never, O +conscript fathers, neither by day nor by night, cease considering what +ought to be thought concerning the liberty of the Roman people, and +concerning your dignity. And whatever ought to be planned or done, I +not only will never shrink from, but I will offer myself for, and beg +to have entrusted to me. This is what I did before while it was in my +power; when it was no longer in my power to do so, I did nothing. But +now it is not only in my power, but it is absolutely necessary for me, +unless we prefer being slaves to fighting with all our strength and +courage to avoid being slaves. The immortal gods have given us these +protectors, Caesar for the city, Brutus for Gaul. For if he had been +able to oppress the city we must have become slaves at once; if he had +been able to get possession of Gaul, then it would not have been long +before every good man must have perished and all the rest have been +enslaved. + +XIV. Now then that this opportunity is afforded to you, O conscript +fathers, I entreat you in the name of the immortal gods, seize upon +it; and recollect at last that you are the chief men of the most +honourable council on the whole face of the earth. Give a token to the +Roman people that your wisdom shall not fail the republic, since that +too professes that its valour shall never desert it either. There +is no need for my warning you: there is no one so foolish as not to +perceive that if we go to sleep over this opportunity we shall have to +endure a tyranny which will be not only cruel and haughty, but also +ignominious and flagitious. You know the insolence of Antonius; you +know his friends; you know his whole household. To be slaves to +lustful, wanton, debauched, profligate, drunken gamblers, is the +extremity of misery combined with the extremity of infamy. And if now +(but may the immortal gods avert the omen!) that worst of fates shall +befall the republic, then, as brave gladiators take care to perish +with honour, let us too, who are the chief men of all countries and +nations, take care to fall with dignity rather than to live as slaves +with ignominy. + +There is nothing more detestable than disgrace; nothing more shameful +than slavery. We have been born to glory and to liberty; let us either +preserve them or die with dignity. Too long have we concealed what we +have felt: now at length it is revealed: every one has plainly shown +what are his feelings to both sides, and what are his inclinations. +There are impious citizens, measured by the love I bear my country, +too many; but in proportion to the multitude of well-affected ones, +very few; and the immortal gods have given the republic an incredible +opportunity and chance for destroying them. For, in addition to the +defences which we already have, there will soon be added consuls +of consummate prudence, and virtue, and concord, who have already +deliberated and pondered for many months on the freedom of the Roman +people. With these men for our advisers and leaders, with the gods +assisting us, with ourselves using all vigilance and taking great +precautions for the future, and with the Roman people acting +with unanimity, we shall indeed be free in a short time, and the +recollection of our present slavery will make liberty sweeter. + +XV. Moved by these considerations, since the tribunes of the people +have brought forward a motion to ensure that the senate shall be able +to meet in safety on the first of January, and that we may be able +to deliver our sentiments on the general welfare of the state with +freedom, I give my vote that Caius Pansa and Aulus Hirtius, the +consuls elect, do take care that the senate be enabled to meet in +safety on the first of January; and, as an edict has been published +by Decimus Brutus, imperator and consul elect, I vote that the senate +thinks that Decimus Brutus, imperator and consul, deserves excellently +well of the republic, inasmuch as he is upholding the authority of the +senate, and the freedom and empire of the Roman people; and as he is +also retaining the province of Gallia Citerior, a province full of +most virtuous and brave men, and of citizens most devoted to the +republic, and his army, in obedience to the senate, I vote that the +senate judges that he, and his army, and the municipalities and +colonies of the province of Gaul, have acted and are acting properly, +and regularly, and in a manner advantageous to the republic. And +the senate thinks that it will be for the general interests of the +republic that the provinces which are at present occupied by Decimus +Brutus and by Lucius Plancus, both imperators, and consuls elect, and +also by the officers who are in command of provinces, shall continue +to be held by them in accordance with the provisions of the Julian +law, until each of these officers has a successor appointed by a +resolution of the senate; and that they shall take care to maintain +those provinces and armies in obedience to the senate and people of +Rome, and as a defence to the republic. And since, by the exertions +and valour and wisdom of Caius Caesar, and by the admirable unanimity +of the veteran soldiers, who, obeying his authority, have been and are +a protection to the republic, the Roman people has been defended, and +is at this present time being defended, from the most serious dangers. +And as the Martial legion has encamped at Alba, in a municipal town +of the greatest loyalty and courage, and has devoted itself to the +support of the authority of the senate, and of the freedom of the +Roman people; and as the fourth legion, behaving with equal wisdom +and with the same virtue, under the command of Lucius Egnatuleius the +quaestor, an illustrious citizen, has defended and is still defending +the authority of the senate and the freedom of the Roman people; I +give my vote, That it is and shall be an object of anxious care to the +senate to pay due honour and to show due gratitude to them for their +exceeding services to the republic: and that the senate hereby orders +that when Caius Pausa and Aulus Hirtius, the consuls elect, have +entered on their office, they take the earliest opportunity of +consulting this body on these matters, as shall seem to them expedient +for the republic, and worthy of their own integrity and loyalty. + + + + +THE FOURTH ORATION OF M.T. CICERO AGAINST MARCUS ANTONIUS. + +CALLED ALSO THE FOURTH PHILIPPIC. + + * * * * * + +THE ARGUMENT. + + +After delivering the preceding speech in the senate, Cicero proceeded +to the forum, where he delivered the following speech to the people, +to give them information of what had been done. + +I. The great numbers in which you are here met this day, O Romans, and +this assembly, greater than, it seems to me, I ever remember, inspires +me with both an exceeding eagerness to defend the republic, and with a +great hope of reestablishing it. Although my courage indeed has never +failed; what has been unfavourable is the time; and the moment that +that has appeared to show any dawn of light, I at once have been the +leader in the defence of your liberty. And if I had attempted to have +done so before, I should not be able to do so now. For this day, O +Romans, (that you may not think it is but a trifling business in which +we have been engaged,) the foundations have been laid for future +actions. For the senate has no longer been content with styling +Antonius an enemy in words, but it has shown by actions that it thinks +him one. And now I am much more elated still, because you too with +such great unanimity and with such a clamour have sanctioned our +declaration that he is an enemy. + +And indeed, O Romans, it is impossible but that either the men must +be impious who have levied armies against the consul, or else that he +must be an enemy against whom they have rightly taken arms. And this +doubt the senate has this day removed--not indeed that there really +was any; but it has prevented the possibility of there being any. +Caius Caesar, who has upheld and who is still upholding the republic +and your freedom by his seal and wisdom, and at the expense of his +patrimonial estate, has been complimented with the highest praises of +the senate. I praise you,--yes, I praise you greatly, O Romans, +when you follow with the most grateful minds the name of that +most illustrious youth, or rather boy; for his actions belong to +immortality, the name of youth only to his age. I can recollect many +things; I have heard of many things; I have read of many things; but +in the whole history of the whole world I have never known anything +like this. For, when we were weighed down with slavery, when the evil +was daily increasing, when we had no defence, while we were in dread +of the pernicious and fatal return of Marcus Antonius from Brundusium, +this young man adopted the design which none of us had ventured to +hope for, which beyond all question none of us were acquainted with, +of raising an invincible army of his father's soldiers, and so +hindering the frenzy of Antonius, spurred on as it was by the most +inhuman counsels, from the power of doing mischief to the republic. + +II. For who is there who does not see clearly that, if Caesar had not +prepared an army, the return of Antonius must have been accompanied by +our destruction? For, in truth, he returned in such a state of mind, +burning with hatred of you all, stained with the blood of the Roman +citizens, whom he had murdered at Suessa and at Brundusium, that he +thought of nothing but the utter destruction of the republic. And what +protection could have been found for your safety and for your liberty +if the army of Caius Caesar had not been composed of the bravest of his +father's soldiers? And with respect to his praises and honours,--and +he is entitled to divine and everlasting honours for his godlike and +undying services,--the senate has just consented to my proposals, and +has decreed that a motion be submitted to it at the very earliest +opportunity. + +Now who is there who does not see that by this decree Antonius has +been adjudged to be an enemy? For what else can we call him, when the +senate decides that extraordinary honours are to be devised for those +men who are leading armies against him? What? did not the Martial +legion (which appears to me by some divine permission to have derived +its name from that god from whom we have heard that the Roman people +descended) decide by its resolutions that Antonius was an enemy before +the senate had come to any resolution? For if he be not an enemy, we +must inevitably decide that those men who have deserted the consul are +enemies. Admirably and seasonably, O Romans, have you by your cries +sanctioned the noble conduct of the men of the Martial legion, who +have come over to the authority of the senate, to your liberty, and +to the whole republic; and have abandoned that enemy and robber and +parricide of his country. Nor did they display only their spirit +and courage in doing this, but their caution and wisdom also. They +encamped at Alba, in a city convenient, fortified, near, full of brave +men and loyal and virtuous citizens. The fourth legion imitating +the virtue of this Martial legion, under the leadership of Lucius +Egnatuleius, whom the senate deservedly praised a little while ago, +has also joined the army of Caius Caesar. + +III. What more adverse decisions, O Marcus Antonius, can you want? +Caesar, who has levied an army against you, is extolled to the skies. +The legions are praised in the most complimentary language, which have +abandoned you, which were sent for into Italy by you; and which, +if you had chosen to be a consul rather than an enemy, were wholly +devoted to you. And the fearless and honest decision of those legions +is confirmed by the senate, is approved of by the whole Roman +people,--unless, indeed, you to-day, O Romans, decide that Antonius is +a consul and not an enemy. I thought, O Romans, that you did think as +you show you do. What? do you suppose that the municipal towns, and +the colonies, and the prefectures have any other opinion? All men are +agreed with one mind; so that every one who wishes the state to be +saved must take up every sort of arms against that pestilence. What? +does, I should like to know, does the opinion of Decimus Brutus, +O Romans, which you can gather from his edict, which has this day +reached us, appear to any one deserving of being lightly esteemed? +Rightly and truly do you say No, O Romans. For the family and name +of Brutus has been by some especial kindness and liberality of the +immortal gods given to the republic, for the purpose of at one time +establishing, and at another of recovering, the liberty of the Roman +people. What then has been the opinion which Decimus Brutus has formed +of Marcus Antonius? He excludes him from his province. He opposes him +with his army. He rouses all Gaul to war, which is already used of its +own accord, and in consequence of the judgment which it has itself +formed. If Antonius be consul, Brutus is an enemy. Can we then doubt +which of these alternatives is the fact? + +IV. And just as you now with one mind and one voice affirm that you +entertain no doubt, so did the senate just now decree that Decimus +Brutus deserved excellently well of the republic, inasmuch as he was +defending the authority of the senate and the liberty and empire of +the Roman people. Defending it against whom? Why, against an enemy. +For what other sort of defence deserves praise? In the next place the +province of Gaul is praised, and is deservedly complimented in most +honourable language by the senate for resisting Antonius. But if that +province considered him the consul, and still refused to receive him, +it would be guilty of great wickedness. For all the provinces belong +to the consul of right, and are bound to obey him. Decimus Brutus, +imperator and consul elect, a citizen born for the republic, denies +that he is consul; Gaul denies it; all Italy denies it; the senate +denies it; you deny it. Who then think that he is consul except a few +robbers? Although even they themselves do not believe what they say; +nor is it possible that they should differ from the judgment of all +men, impious and desperate men though they be. But the hope of plunder +and booty blinds their minds; men whom no gifts of money, no allotment +of land, nor even that interminable auction has satisfied; who have +proposed to themselves the city, the properties and fortunes of all +the citizens as their booty; and who, as long as there is something +for them to seize and carry off, think that nothing will be wanting to +them; among whom Marcus Antonius (O ye immortal gods, avert, I pray +you, and efface this omen,) has promised to divide this city. May +things rather happen, O Romans, as you pray that they should, and may +the chastisement of this frenzy fall on him and on his friend. And, +indeed, I feel sure that it will be so. For I think that at present +not only men but the immortal gods have all united together to +preserve this republic. For if the immortal gods foreshow us the +future, by means of portents and prodigies, then it has been openly +revealed to us that punishment is near at hand to him, and liberty to +us. Or if it was impossible for such unanimity on the part of all men +to exist without the inspiration of the gods, in either case how can +we doubt as to the inclinations of the heavenly deities? It only +remains, O Romans, for you to persevere in the sentiments which you at +present display. + +V. I will act, therefore, as commanders are in the habit of doing when +their army is ready for battle, who, although they see their soldiers +ready to engage, still address an exhortation to them; and in like +manner I will exhort you who are already eager and burning to recover +your liberty. You have not--you have not, indeed, O Romans, to war +against an enemy with whom it is possible to make peace on any terms +whatever. For he does not now desire your slavery, as he did before, +but he is angry now and thirsts for your blood. No sport appears more +delightful to him than bloodshed, and slaughter, and the massacre +of citizens before his eyes. You have not, O Romans, to deal with a +wicked and profligate man, but with an unnatural and savage beast. +And, since he has fallen into a well, let him be buried in it. For if +he escapes out of it, there will be no inhumanity of torture which it +will be possible to avoid. But he is at present hemmed in, pressed, +and besieged by those troops which we already have, and will soon be +still more so by those which in a few days the new consuls will levy. +Apply yourselves then to this business, as you are doing. Never have +you shown greater unanimity in any cause; never have you been so +cordially united with the senate. And no wonder. For the question now +is not in what condition we are to live, but whether we are to live at +all, or to perish with torture and ignominy. + +Although nature, indeed, has appointed death for all men: but valour +is accustomed to ward off any cruelty or disgrace in death. And that +is an inalienable possession of the Roman race and name. Preserve, I +beseech you, O Romans, this attribute which your ancestors have left +you as a sort of inheritance. Although all other things are uncertain, +fleeting, transitory; virtue alone is planted firm with very deep +roots; it cannot be undermined by any violence; it can never be moved +from its position. By it your ancestors first subdued the whole of +Italy; then destroyed Carthage, overthrew Numantia, and reduced the +most mighty kings and most warlike nations under the dominion of this +empire. + +VI. And your ancestors, O Romans, had to deal with an enemy who had +also a republic, a senate-house, a treasury, harmonious and united +citizens, and with whom, if fortune had so willed it, there might have +been peace and treaties on settled principles. But this enemy of yours +is attacking your republic, but has none himself; is eager to destroy +the senate, that is to say, the council of the whole world, but has no +public council himself; he has exhausted your treasury, and has none +of his own. For how can a man be supported by the unanimity of his +citizens, who has no city at all? And what principles of peace +can there be with that man who is full of incredible cruelty, and +destitute of faith? + +The whole then of the contest, O Romans, which is now before the Roman +people, the conqueror of all nations, is with an assassin, a robber, a +Spartacus.[31] For as to his habitual boast of being like Catilina, he +is equal to him in wickedness, but inferior in energy. He, though he +had no army, rapidly levied one. This man has lost that very army +which he had. As, therefore, by my diligence, and the authority of the +senate, and your own zeal and valour, you crushed Catilina, so you +will very soon hear that this infamous piratical enterprise of +Antonius has been put down by your own perfect and unexampled harmony +with the senate, and by the good fortune and valour of your armies and +generals. I, for my part, as far as I am able to labour, and to effect +anything by my care, and exertions, and vigilance, and authority, +and counsel, will omit nothing which I may think serviceable to your +liberty. Nor could I omit it without wickedness after all your most +ample and honourable kindness to me. However, on this day, encouraged +by the motion of a most gallant man, and one most firmly attached to +you, Marcus Servilius, whom you see before you, and his colleagues +also, most distinguished men, and most virtuous citizens; and partly, +too, by my advice and my example, we have, for the first time after a +long interval, fired up again with a hope of liberty. + + + + +THE FIFTH ORATION OF M.T. CICERO AGAINST MARCUS ANTONIUS. + +OTHERWISE CALLED THE FIFTH PHILIPPIC. + + * * * * * + +THE ARGUMENT. + + +The new consuls Hirtius and Pansa were much attached to Cicero, had +consulted him a great deal, and professed great respect for his +opinion; but they were also under great obligations to Julius Caesar +and, consequently, connected to some extent with his party and with +Antonius, on which account they wished, if possible, to employ +moderate measures only against him. + +As soon as they had entered on their office, they convoked the senate +to meet for the purpose of deliberating on the general welfare of the +republic. They both spoke themselves with great firmness, promising to +be the leaders in defending the liberties of Rome, and exhorting the +senate to act with courage. And then they called on Quintus Fufius +Calenus, who had been consul A.U.C. 707, and who was Pansa's +father-in-law, to deliver his opinion first. He was known to be a firm +friend of Antonius. Cicero wished to declare Antonius a public enemy +at once, but Calenus proposed that before they proceeded to acts of +open hostility against him, they should send an embassy to him to +admonish him to desist from his attempts upon Gaul, and to submit to +the authority of the senate. Piso and others supported this motion, +on the ground that it was cruel and unjust to condemn a man without +giving him a fair chance of submitting, and without hearing what he +had to say. It was in opposition to Calenus's motion that Cicero made +the following speech, substituting for his proposition one to declare +Antonius an enemy, and to offer pardon to those of his army who +returned to their duty by the first of February, to thank Decimus +Brutus for his conduct in Gaul, to decree a statue to Marcus +Lepidus[32] for his services to the republic and his loyalty, to +thank Caius Caesar (Octavius) and to grant him a special commission +as general, to make him a senator and propraetor and to enable him to +stand for any subsequent magistracy as if he had been quaestor, to +thank Lucius Egnatuleius, and to vote thanks and promise rewards to +the Martial and the fourth legion. + +I. Nothing, O conscript fathers, has ever seemed to me longer than +these calends of January, and I think that for the last few days you +have all been feeling the same thing. For those who are waging war +against the republic have not waited for this day. But we, while it +would have been most especially proper for us to come to the aid of +the general safety with our counsel, were not summoned to the senate. +However, the speech just addressed to us by the consuls has removed +our complaints as to what is past, for they have spoken in such a +manner that the calends of January seem to have been long wished for +rather than really to have arrived late. + +And while the speeches of the consuls have encouraged my mind, and +have given me a hope, not only of preserving our safety, but even of +recovering our former dignity, on the other hand, the opinion of the +man who has been asked for his opinion first would have disturbed me, +if I had not confidence in your virtue and firmness. For this day, O +conscript fathers, has dawned upon you, and this opportunity has been +afforded you of proving to the Roman people how much virtue, how much +firmness and how much dignity exists in the counsels of this order. +Recollect what a day it was thirteen days ago, how great was then your +unanimity, and virtue, and firmness, and what great praise, what great +glory, and what great gratitude you gained from the Roman people. +And on that day, O conscript fathers, you resolved that no other +alternative was in your power, except either an honourable peace, or a +necessary war. + +Is Marcus Antonius desirous of peace? Let him lay down his arms, let +him implore our pardon, let him deprecate our vengeance; he will find +no one more reasonable than me, though, while seeking to recommend +himself to impious citizens, he has chosen to be an enemy instead of +a friend to me. There is, in truth, nothing which can be given to him +while waging war, there will perhaps be something which may be granted +to him if he comes before us as a suppliant. + +II. But to send ambassadors to a man respecting whom you passed a most +dignified and severe decision only thirteen days ago, is not an act of +lenity, but, if I am to speak my real opinion, of downright madness. +In the first place, you praised those generals who, of their own head, +had undertaken war against him, in the next place, you praised the +veterans who, though they had been settled in those colonies by +Antonius, preferred the liberty of the Roman people to the obligations +which they were under to him. Is it not so? Why was the Martial +legion? why was the fourth legion praised? For if they have deserted +the consul, they ought to be blamed; if they have abandoned an enemy +to the republic, then they are deservedly praised. + +But as at that time you had not yet got any consuls, you passed a +decree that a motion concerning the rewards for the soldiers and the +honours to be conferred on the generals should be submitted to you at +the earliest opportunity. Are you then going now to arrange rewards +for those men who have taken arms against Antonius, and to send +ambassadors to Antonius? so as to deserve to be ashamed that the +legions should have come to more honourable resolutions than the +senate if, indeed, the legions have resolved to defend the senate +against Antonius, but the senate decrees to send ambassadors to +Antonius. Is this encouraging the spirit of the soldiers, or damping +their virtue? + +This is what we have gained in the last twelve days, that the man +whom no single person except Cotyla was then found to defend, has now +advocates even of consular rank. Would that they had all been asked +their opinion before me, (although I have my suspicions as to what +some of those men who will be asked after me, are intending to say) I +should find it easier to speak against them if any argument appeared +to have been advanced. + +For there is an opinion in some quarters that some one intends to +propose to decree Antonius that further Gaul, which Plancus is at +present in possession of. What else is that but supplying an enemy +with all the arms necessary for civil war; first of all with the +sinews of war, money in abundance, of which he is at present +destitute, and secondly, with as much cavalry as he pleases? Cavalry +do I say? He is a likely man to hesitate, I suppose, to bring with him +the barbarian nations,--a man who does not see this is senseless, he +who does see it, and still advocates such a measure, is impious. Will +you furnish a wicked and desperate citizen with an army of Gauls and +Germans, with money, and infantry, and cavalry, and all sorts of +resources? All these excuses are no excuse at all.--"He is a friend of +mine." Let him first be a friend of his country.--"He is a relation of +mine." Can any relationship be nearer than that of one's country, in +which even one's parents are comprised? "He has given me money:"--I +should like to see the man who will dare to say that. But when I have +explained what is the real object aimed at, it will be easy for you to +decide which opinion you ought to agree with and adopt. + +III. The matter at issue is, whether power is to be given to Marcus +Antonius of oppressing the republic, of massacring the virtuous +citizens, of plundering the city, of distributing the lands among his +robbers, of overwhelming the Roman people in slavery; or, whether he +is not to be allowed to do all this. Do you doubt what you are to do? +"Oh, but all this does not apply to Antonius." Even Cotyla would not +venture to say that. For what does not apply to him? A man who, while +he says that he is defending the acts of another, perverts all those +laws of his which we might most properly praise. Caesar wished to drain +the marshes: this man has given all Italy to that moderate man Lucius +Antonius to distribute.--What? has the Roman people adopted this +law?--What? could it be passed with a proper regard for the auspices? +But this conscientious augur acts in reference to the auspices +without his colleagues. Although those auspices do not require any +interpretation;--for who is there who is ignorant that it is impious +to submit any motion to the people while it is thundering? The +tribunes of the people carried laws respecting the provinces in +opposition to the acts of Caesar; Caesar had extended the provisions of +his law over two years; Antonius over six years. Has then the Roman +people adopted this law? What? was it ever regularly promulgated? +What? was it not passed before it was even drawn up? Did we not see +the deed done before we even suspected that it was going to be done? +Where is the Caecilian and Didian law? What is become of the law that +such bills should be published on three market days? What is become of +the penalty appointed by the recent Junian and Licinian law? Can these +laws be ratified without the destruction of all other laws? Has any +one had a right of entering the forum? Moreover, what thunder, and +what a storm that was! so that even if the consideration of the +auspices had no weight with Marcus Antonius, it would seem strange +that he could endure and bear such exceeding violence of tempest, and +rain, and whirlwind. When therefore he, as augur, says that he carried +a law while Jupiter was not only thundering, but almost uttering an +express prohibition of it by his clamour from heaven, will he hesitate +to confess that it was carried in violation of the auspices? What? +does the virtuous augur think that it has nothing to do with the +auspices, that he carried the law with the aid of that colleague whose +election he himself vitiated by giving notice of the auspices? + +IV. But perhaps we, who are his colleagues, may be the interpreters +of the auspices? Do we also want interpreters of arms? In the first +place, all the approaches to the forum were so fenced round, that even +if no armed men were standing in the way, still it would have been +impossible to enter the forum except by tearing down the barricades. +But the guards were arranged in such a manner, that, as the access of +an enemy to a city is prevented, so you might in this instance see the +burgesses and the tribunes of the people cut off by forts and works +from all entrance to the forum. On which account I give my vote that +those laws which Marcus Antonius is said to have carried were all +carried by violence, and in violation of the auspices; and that the +people is not bound by them. If Marcus Antonius is said to have +carried any law about confirming the acts of Caesar and abolishing the +dictatorship for ever, and of leading colonies into any lands, then I +vote that those laws be passed over again, with a due regard to the +auspices, so that they may bind the people. For although they may be +good measures which he passed irregularly and by violence, still they +are not to be accounted laws, and the whole audacity of this frantic +gladiator must be repudiated by our authority. But that squandering +of the public money cannot possibly be endured by which he got rid of +seven hundred millions of sesterces by forged entries and deeds of +gifts, so that it seems an absolute miracle that so vast a sum of +money belonging to the Roman people can have disappeared in so short +a time. What? are those enormous profits to be endured which the +household of Marcus Antonius has swallowed up? He was continually +selling forged decrees; ordering the names of kingdoms and states, and +grants of exemptions to be engraved on brass, having received bribes +for such orders. And his statement always was, that he was doing these +things in obedience to the memoranda of Caesar, of which he himself was +the author. In the interior of his house there was going on a brisk +market of the whole republic. His wife, more fortunate for herself +than for her husband, was holding an auction of kingdoms and +provinces: exiles were restored without any law, as if by law: and +unless all these acts are rescinded by the authority of the senate, +now that we have again arrived at a hope of recovering the republic, +there will be no likeness of a free city left to us. + +Nor is it only by the sale of forged memoranda and autographs that a +countless sum of money was collected together in that house, while +Antonius, whatever he sold, said that he was acting in obedience to +the papers of Caesar; but he even took bribes to make false entries +of the resolutions of the senate; to seal forged contracts; and +resolutions of the senate that had never been passed were entered +on the records of that treasury. Of all this baseness even foreign +nations were witnesses. In the meantime treaties were made; kingdoms +given away; nations and provinces released from the burdens of the +state; and false memorials of all these transactions were fixed up +all over the Capitol, amid the groans of the Roman people. And by all +these proceedings so vast a sum of money was collected in one house, +that if it were all made available, the Roman people would never want +money again. + +V. Moreover, he passed a law to regulate judicial proceedings, this +chaste and upright man, this upholder of the tribunals and the law. +And in this he deceived us. He used to say that he appointed men from +the front ranks of the army, common soldiers, men of the Alauda,[33] +as judges. But he has in reality selected gamesters; he has selected +exiles; he has selected Greeks. Oh the fine bench of judges! Oh the +admirable dignity of that council! I do long to plead in behalf of +some defendant before that tribunal--Cyda of Crete; a prodigy even in +that island; the most audacious and abandoned of men. But even suppose +he were not so. Does he understand Latin? Is he qualified by birth and +station to be a judge? Does he--which is most important--does he know +anything about our laws and manners? Is he even acquainted with any of +the citizens? Why, Crete is better known to you than Rome is to Cyda. +In fact, the selection and appointment of the judges has usually been +confined to our own citizens. But who ever knew, or could possibly +have known this Gortynian judge? For Lysiades, the Athenian, we most +of us do know. For he is the son of Phaedrus, an eminent philosopher. +And, besides, he is a witty man, so that he will be able to get on +very well with Marcus Curius, who will be one of his colleagues, and +with whom he is in the habit of playing. I ask if Lysiades, when +summoned as a judge, should not answer to his name, and should have an +excuse alleged for him that he is an Areopagite, and that he is not +bound to act as a judge at both Rome and Athens at the same time, will +the man who presides over the investigation admit the excuse of this +Greekling judge, at one time a Greek, and at another a Roman? Or will +he disregard the most ancient laws of the Athenians? + +And what a bench will it be, O ye good gods! A Cretan judge, and he +the most worthless of men. Whom can a defendant employ to propitiate +him? How is he to get at him? He comes of a hard nation. But the +Athenians are merciful. I dare say that Curius, too, is not cruel, +inasmuch as he is a man who is himself at the mercy of fortune every +day. There are besides other chosen judges who will perhaps be +excused. For they have a legitimate excuse, that they have left their +country in banishment, and that they have not been restored since. +And would that madman have chosen these men as judges, would he have +entered their names as such in the treasury, would he have trusted a +great portion of the republic to them, if he had intended to leave the +least semblance of a republic? + +VI. And I have been speaking of those judges who are known. Those whom +you are less acquainted with I have been unwilling to name. Know then +that dancers, harp-players, the whole troop, in fact, of Antonius's +revellers, have all been pitchforked into the third decury of judges. +Now you see the object of passing so splendid and admirable a law, +amid excessive rain, storm, wind, tempest, and whirlwind, amid thunder +and lightning; it was that we might have those men for our judges +whom no one would like to have for guests. It is the enormity of his +wickedness, the consciousness of his crimes, the plunder of that money +of which the account was kept in the temple of Ops, which have been +the real inventors of this third decury. And infamous judges were not +sought for, till all hope of safety for the guilty was despaired of, +if they came before respectable ones. But what must have been the +impudence, what must have been the iniquity of a man who dared to +select those men as judges, by the selection of whom a double disgrace +was stamped on the republic: one, because the judges were so infamous; +the other, because by this step it was revealed and published to the +world how many infamous citizens we had in the republic? These then, +and all other similar laws, I should vote ought to be annulled, even +if they had been passed without violence, and with all proper respect +for the auspices. But now why need I vote that they ought to be +annulled, when I do not consider that they were ever legally passed? + +Is not this, too, to be marked with the deepest ignominy, and with the +severest animadversion of this order, so as to be recollected by all +posterity, that Marcus Antonius (the first man who has ever done so +since the foundation of the city) has openly taken armed men about +with him in this city? A thing which the kings never did, nor those +men who, since the kings have been banished, have endeavoured to seize +on kingly power. I can recollect Cinna; I have seen Sylla; and lately +Caesar. For these three men are the only ones since the city was +delivered by Lucius Brutus, who have had more power than the entire +republic. I cannot assert that no man in their trains had weapons. +This I do say, that they had not many, and that they concealed them. +But this pest was attended by an army of armed men. Classitius, +Mustela, and Tiro, openly displaying their swords, led troops of +fellows like themselves through the forum. Barbarian archers occupied +their regular place in the army. And when they arrived at the temple +of Concord, the steps were crowded, the litters full of shields were +arranged; not because he wished the shields to be concealed, but that +his friends might not be fatigued by carrying the shields themselves. + +VII. And what was most infamous not only to see, but even to hear of, +armed men, robbers, assassins were stationed in the temple of Concord; +the temple was turned into a prison; the doors of the temple were +closed, and the conscript fathers delivered their opinions while +robbers were standing among the benches of the senators. And if I +did not come to a senate-house in this state, he, on the first of +September, said that he would send carpenters and pull down my house. +It was an important affair, I suppose, that was to be discussed. He +made some motion about a supplication. I attended the day after. He +himself did not come. I delivered my opinion about the republic, not +indeed with quite so much freedom as usual, but still with more than +the threats of personal danger to myself made perhaps advisable. But +that violent and furious man (for Lucius Piso had done the same thing +with great credit thirty days before) threatened me with his enmity, +and ordered me to attend the senate on the nineteenth of September. In +the meantime he spent the whole of the intervening seventeen days in +the villa of Scipio, at Tibur, declaiming against me to make himself +thirsty. For this is his usual object in declaiming. When the day +arrived on which he had ordered me to attend, then he came with a +regular army in battle array to the temple of Concord, and out of his +impure mouth vomited forth an oration against me in my absence. On +which day, if my friends had not prevented me from attending the +senate as I was anxious to do, he would have begun a massacre by the +slaughter of me. For that was what he had resolved to do. And when +once he had dyed his sword in blood, nothing would have made him +leave off but pure fatigue and satiety. In truth, his brother, Lucius +Antonius, was present, an Asiatic gladiator, who had fought as a +Mirmillo,[34] at Mylasa; he was thirsting for my blood, and had shed +much of his own in that gladiatorial combat. He was now valuing our +property in his mind, taking notice of our possessions in the city +and in the country; his indigence united with his covetousness was +threatening all our fortunes; he was distributing our lands to +whomsoever and in whatever shares he pleased; no private individual +could get access to him, or find any means to propitiate him, and +induce him to act with justice. Every former proprietor had just so +much property as Antonius left him after the division of his estate. +And although all these proceedings cannot be ratified, if you annul +his laws, still I think that they ought all to be separately taken +note of, article by article; and that we ought formally to decide that +the appointment of septemvirs was null and void; and that nothing is +ratified which is said to have been done by them. + +VIII. But who is there who can consider Marcus Antonius a citizen, +rather than a most foul and barbarous enemy, who, while sitting in +front of the temple of Castor, in the hearing of the Roman people, +said that no one should survive except those who were victorious? Do +you suppose, O conscript fathers, that he spoke with more violence +than he would act? And what are we to think of his having ventured to +say that, after he had given up his magistracy, he should still be at +the city with his army? that he should enter the city as often as he +pleased? What else was this but threatening the Roman people with +slavery? And what was the object of his journey to Brundusium? and of +that great haste? What was his hope, except to lead that vast army +to the city, or rather into the city? What a proceeding was that +selection of the centurions! What unbridled fury of an intemperate +mind! For when those gallant legions had raised an outcry against his +promises, he ordered those centurions to come to him to his house, +whom he perceived to be loyally attached to the republic, and then he +had them all murdered before his own eyes and those of his wife, whom +this noble commander had taken with him to the army. What disposition +do you suppose that this man will display towards us whom he hates, +when he was so cruel to those men whom he had never seen? And how +covetous will he be with respect to the money of rich men, when he +thirsted for even the blood of poor men? whose property, such as it +was, he immediately divided among his satellites and boon companions. + +And he in a fury was now moving his hostile standards against his +country from Brundusium, when Caius Caesar, by the kind inspiration of +the immortal gods, by the greatness of his own heavenly courage, and +wisdom, and genius, of his own accord, indeed, and prompted by his own +admirable virtue, but still with the approbation of my authority, went +down to the colonies which had been founded by his father; convoked +the veteran soldiery; in a few days raised an army; and checked the +furious advance of this bandit. But after the Martial legion saw this +admirable leader, it had no other thoughts but those of securing our +liberty. And the fourth legion followed its example. + +IX. And Antonius, on hearing of this news, after he had summoned the +senate, and provided a man of consular rank to declare his opinion +that Caius Caesar was an enemy of his country, immediately fainted +away. And afterwards, without either performing the usual sacrifices, +or offering the customary vows, he, I will not say went forth, but +took to flight in his robe as a general. But which way did he flee? To +the province of our most resolute and bravest citizens; men who could +never have endured him if he had not come bringing war in his train, +an intemperate, passionate, insolent, proud man, always making +demands, always plundering, always drunk. But he, whose worthlessness +even when quiet was more than any one could endure, has declared war +upon the province of Gaul; he is besieging Mutina, a valiant and +splendid colony of the Roman people; he is blockading Decimus Brutus, +the general, the consul elect, a citizen born not for himself, but for +us and the republic. Was then Hannibal an enemy, and is Antonius a +citizen? What did the one do like an enemy, that the other has not +done, or is not doing, or planning, and thinking of? What was there +in the whole of the journey of the Antonii; except depopulation, +devastation, slaughter, and rapine? Actions which Hannibal never did, +because he was reserving many things for his own use, these men do, +as men who live merely for the present hour; they never have given a +thought not only to the fortunes and welfare of the citizens, but not +even to their own advantage. + +Are we then, O ye good gods, to resolve to send ambassadors to this +man? Are those men who propose this acquainted with the constitution +of the republic, with the laws of war, with the precedents of our +ancestors? Do they give a thought to what the majesty of the Roman +people and the severity of the senate requires? Do you resolve to send +ambassadors? If to beg his mercy, he will despise you; if to declare +your commands he will not listen to them; and last of all, however +severe the message may be which we give the ambassadors, the very name +of ambassadors will extinguish this ardour of the Roman people which +we see at present, and break the spirit of the municipal towns and of +Italy. To say nothing of these arguments, though they are weighty, at +all events that sending of an embassy will cause delay and slowness to +the war. Although those who propose it should say, as I hear that some +intend to say,--"Let the ambassadors go, but let war be prepared for +all the same." Still the very name of ambassadors will damp men's +courage, and delay the rapidity of the war. + +X. The most important events, O conscript fathers, are often +determined by very trivial moving influences in every circumstance +that can happen in the republic, and also in war, and especially in +civil war, which is usually governed a great deal by men's opinions +and by reports. No one will ask what is the commission with which we +have sent the ambassadors; the mere name of an embassy, and that sent +by us of our own accord, will appear an indication of fear. Let him +depart from Mutina; let him cease to attack Brutus; let him retire +from Gaul. He must not be begged in words to do so; he must be +compelled by arms. For we are not sending to Hannibal to desire him to +retire from before Saguntum; to whom the senate formerly sent Publius +Valerius Flaccus and Quintus Baebius Tampilus; who, if Hannibal did not +comply, were ordered to proceed to Carthage. Whither do we order our +ambassadors to proceed, if Antonius does not comply? Are we sending an +embassy to our own citizen, to beg him not to attack a general and a +colony of the Roman people? Is it so? Is it becoming to us to beg this +by means of ambassadors? What is the difference, in the name of the +immortal gods, whether he attacks this city itself, or whether he +attacks an outpost of this city, a colony of the Roman people, +established for the sake of its being a bulwark and protection to us? +The siege of Saguntum was the cause of the second Punic war, which +Hannibal carried on against our ancestors. It was quite right to send +ambassadors to him. They were sent to a Carthaginian, they were sent +on behalf of those who were the enemies of Hannibal, and our allies. +What is there resembling that case here? We are sending to one of our +own citizens to beg him not to blockade a general of the Roman army, +not to attack our army and our colony,--in short, not to be an enemy +of ours. Come; suppose he obeys, shall we either be inclined, or shall +we be able by any possibility, to treat him as one of our citizens? + +XI. On the nineteenth of December, you overwhelmed him with your +decrees; you ordained that this motion should be submitted to you on +the first of January, which you see is submitted now, respecting the +honours and rewards to be conferred on those who have deserved or do +deserve well of the republic. And the chief of those men you have +adjudged to be the man who really has done so, Caius Caesar, who had +diverted the nefarious attacks of Marcus Antonius against this city, +and compelled him to direct them against Gaul; and next to him you +consider the veteran soldiers who first followed Caesar; then those +excellent and heavenly-minded legions the Martial and the fourth, +to whom you have promised honours and rewards, for having not only +abandoned their consul, but for having even declared war against him. +And on the same day, having a decree brought before you and published +on purpose, you praised the conduct of Decimus Brutus, a most +excellent citizen, and sanctioned with your public authority this war +which he had undertaken of his own head. + +What else, then, did you do on that day except pronounce Antonius a +public enemy? After these decrees of yours, will it be possible for +him to look upon you with equanimity, or for you to behold him without +the most excessive indignation? He has been excluded and cut off and +wholly separated from the republic, not merely by his own wickedness, +as it seems to me, but by some especial good fortune of the republic. +And if he should comply with the demands of the ambassadors and return +to Rome, do you suppose that abandoned citizens will ever be in need +of a standard around which to rally? But this is not what I am so much +afraid of. There are other things which I am more apprehensive of +and more alarmed at. He never will comply with the demands of the +ambassadors. I know the man's insanity and arrogance; I know the +desperate counsels of his friends, to which he is wholly given up. +Lucius his brother, as being a man who has fought abroad, leads on +his household. Even suppose him to be in his senses himself, which he +never will be; still he will not be allowed by these men to act as if +he were so. In the mean time, time will be wasted. The preparations +for war will cool. How is it that the war has been protracted as long +as this, if it be not by procrastination and delay? + +From the very first moment after the departure, or rather after the +hopeless flight of that bandit, that the senate could have met in +freedom, I have always been demanding that we should be called +together. The first day that we were called together, when the consuls +elect were not present, I laid, in my opinion, amid the greatest +unanimity on your part, the foundations of the republic, later, +indeed, than they should have been laid, for I could not do so before, +but still if no time had been lost after that day, we should have no +war at all now. Every evil is easily crushed at its birth, when it has +become of long standing, it usually gets stronger. But then everybody +was waiting for the first of January, perhaps not very wisely. + +XII However, let us say no more of what is past. Are we still to allow +any further delay while the ambassadors are on their road to him? and +while they are coming back again? and the time spent in waiting for +them will make men doubt about the war. And while the fact of the war +is in doubt, how can men possibly be zealous about the levies for the +army? + +Wherefore, O conscript fathers, I give my vote that there should be no +mention made of ambassadors I think that the business that is to be +done must be done without any delay, and instantly. I say that it is +necessary that we should decree that there is sedition abroad, that we +should suspend the regular courts of justice, order all men to wear +the garb of war, and enlist men in all quarters, suspending all +exemptions from military service in the city and in all Italy, except +in Gaul. And if this be done, the general opinion and report of your +severity will overwhelm the insanity of that wicked gladiator. He +will feel that he has undertaken a war against the republic, he will +experience the sinews and vigour of a unanimous senate For at present +he is constantly saying that it is a mere struggle between parties. +Between what parties? One party is defeated, the other is the heart +of Caius Caesar's party. Unless, indeed, we believe that the party +of Caesar is attacked by Pansa and Hirtius the consuls, and by Caius +Caesar's son. But this war has been kindled, not by a struggle between +parties, but by the nefarious hopes of the most abandoned citizens, by +whom all our estates and properties have been marked down, and already +distributed according as every one has thought them desirable. + +I have read the letter of Antonius which he sent to one of the +septemviri, a thoroughpaced scoundrel, a colleague of his own, "Look +out, and see what you take a fancy to, what you do fancy you shall +certainly have". See to what a man we are sending ambassadors, against +what a man we are delaying to make war, a man who does not even let us +draw lots for our fortunes, but hands us over to each man's caprice in +such a way, that he has not left even himself anything untouched, or +which has not been promised to somebody. With this man, O conscript +fathers, we must wage war,--war, I say, and that instantly. We must +reject the slow proceedings of ambassadors. + +Therefore, that we may not have a number of decrees to pass every day, +I give my vote that the whole republic should be committed to the +consuls, and that they should have a charge given them to defend the +republic, and to take care "that the republic suffer no injury." And +I give my vote that those men who are in the army of Antonius be not +visited with blame, if they leave him before the first of February. + +If you adopt these proposals of mine, O conscript fathers, you will +in a short time recover the liberty of the Roman people and our own +authority. But if you act with more mildness, still you will pass +those resolutions, but perhaps you will pass them too late. As to +the general welfare of the republic, on which you, O consuls, have +consulted us, I think that I have proposed what is sufficient. + +XIII. The next question is about honours. And to this point I perceive +that I must speak next. But I will preserve the same order in paying +respect to brave men, that is usually preserved in asking their +opinions. + +Let us, therefore, according to the usages of our ancestors, begin +with Brutus, the consul elect, and, to say nothing of his former +conduct,--which has indeed been most admirable, but still such as has +been praised by the individual judgments of men, rather than by public +authority,--what words can we find adequate to his praise at this very +time? For such great virtue requires no reward except this one of +praise and glory; and even if it were not to receive that, still it +would be content with itself, and would rejoice at being laid up in +the recollection of grateful citizens, as if it were placed in the +full light. The praise then of our deliberate opinion, and of our +testimony in his favour, must be given to Brutus. Therefore, O +conscript fathers, I give my vote that a resolution of the senate be +passed in these words: + +"As Decimus Brutus, imperator, consul elect is maintaining the +province of Gaul in obedience to the senate and people of Rome, and as +he has enlisted and collected in so short a time a very numerous army, +being aided by the admirable zeal of the municipal towns and colonies +of the province of Gaul, which has deserved and still does deserve +admirably well of the republic, he has acted rightly and virtuously, +and greatly for the advantage of the republic. And that most excellent +service done by Decimus Brutus to the republic, is and always will be +grateful to the senate and people of Rome. Therefore, the senate and +the Roman people is of opinion that the exertions, and prudence, +and virtue of Decimus Brutus, imperator and consul elect, and the +incredible zeal and unanimity of the province of Gaul, have been a +great assistance to the republic, at a most critical time." + +What honour, O conscript fathers, can be too great to be due to such a +mighty service as this of Brutus, and to such important aid as he +has afforded the republic? For if Gaul had been open to Marcus +Antonius--if after having overwhelmed the municipal towns and colonies +unprepared to resist him, he had been able to penetrate into that +further Gaul--what great danger would have hung over the republic! +That most insane of men, that man so headlong and furious in all his +courses, would have been likely, I suppose, to hesitate at waging war +against us, not only with his own army, but with all the savage troops +of barbarism, so that even the wall of the Alps would not have enabled +us to check his frenzy. These thanks then will be deservedly paid +to Decimus Brutus, who, before any authority of yours had been +interposed, acting on his own judgment and responsibility, refused to +receive him as consul, but repelled him from Gaul as an enemy, and +preferred to be besieged himself rather than to allow this city to be +so. Let him therefore have, by your decree, an everlasting testimony +to this most important and glorious action, and let Gaul,[35] which +always is and has been a protection to this empire and to the general +liberty, be deservedly and truly praised for not having surrendered +herself and her power to Antonius, but for having opposed him with +them. + +XIV. And, furthermore, I give my vote that the most ample honours be +decreed to Marcus Lepidus, as a reward for his eminent services to the +republic. He has at all times wished the Roman people to be free, and +he gave the greatest proof of his inclination and opinion on that day, +when, while Antonius was placing the diadem on Caesar's head, he turned +his face away, and by his groans and sorrow showed plainly what a +hatred of slavery he had, how desirous he was for the Roman people to +be free, and how he had endured those things which he had endured more +because of the necessity of the times, than because they harmonised +with his sentiments. And who of us can forget with what great +moderation he behaved during that crisis of the city which ensued +after the death of Caesar? These are great merits, but I hasten to +speak of greater still. For, (O ye immortal gods!) what could happen +more to be admired by foreign nations or more to be desired by the +Roman people, than, at a time when there was a most important civil +war, the result of which we were all dreading, that it should be +extinguished by prudence rather than that arms and violence should be +able to put everything to the hazard of a battle? And if Caesar had +been guided by the same principles in that odious and miserable war, +we should have--to say nothing of their father--the two sons of Cnaeus +Pompeius, that most illustrious and virtuous man, safe among us, men +whose piety and filial affection certainly ought not to have been +their ruin. Would that Marcus Lepidus had been able to save them all! +He showed that he would have done so, by his conduct in cases where he +had the power, when he restored Sextus Pompeius to the state, a great +ornament to the republic, and a most illustrious monument of his +clemency. Sad was that picture, melancholy was the destiny then of the +Roman people. For after Pompeius the father was dead, he who was +the light of the Roman people, the son too, who was wholly like his +father, was also slain. But all these calamities appear to me to have +been effaced by the kindness of the immortal gods, Sextus Pompeius +being preserved to the republic. + +XV. For which cause, reasonable and important as it is and because +Marcus Lepidus, by his humanity and wisdom, has changed a most +dangerous and extensive civil war into peace and concord, I give my +vote, that a resolution of the senate be drawn up in these words: + +"Since the affairs of the republic have repeatedly been well and +prosperously conducted by Marcus Lepidus, imperator, and Pontifex +Maximus, and since the Roman people is fully aware that kingly power +is very displeasing to him; and since by his exertions, and virtue, +and prudence, and singular clemency and humanity, a most bitter civil +war has been extinguished; and Sextus Pompeius Magnus, the son of +Cnaeus, having submitted to the authority of this order and laid down +his arms, and, in accordance with the perfect good-will of the senate +and people of Rome, has been restored to the state by Marcus Lepidus, +imperator, and Pontifex Maximus; the senate and people of Rome, in +return for the important and numerous services of Marcus Lepidus +to the republic, declares that it places great hopes of future +tranquillity and peace and concord, in his virtue, authority, and good +fortune; and the senate and people of Rome will ever remember his +services to the republic; and it is decreed by the vote of this order, +That a gilt equestrian statue be erected to him in the Rostra, or in +whatever other place in the forum he pleases." + +And this honour, O conscript fathers, appears to me a very great one, +in the first place, because it is just;--for it is not merely given +on account of our hopes of the future, but it is paid, as it were, +in requital of his ample services already done. Nor are we able to +mention any instance of this honour having been conferred on any one +by the senate by their own free and voluntary judgment before. + +XVI. I come now to Caius Caesar, O conscript fathers; if he had not +existed, which of us could have been alive now? That most intemperate +of men, Antonius, was flying from Brundusium to the city, burning with +hatred, with a disposition hostile to all good men, with an army. What +was there to oppose to his audacity and wickedness? We had not as yet +any generals, or any forces. There was no public council, no liberty; +our necks were at the mercy of his nefarious cruelty; we were all +preparing to have recourse to flight, though flight itself had no +escape for us. Who was it--what god was it, who at that time gave to +the Roman people this godlike young man, who, while every means +for completing our destruction seemed open to that most pernicious +citizen, rising up on a sudden, beyond every one's hope, completed +an army fit to oppose to the fury of Marcus Antonius before any one +suspected that he was thinking of any such step? Great honours were +paid to Cnaeus Pompeius when he was a young man, and deservedly; for he +came to the assistance of the republic; but he was of a more vigorous +age, and more calculated to meet the eager requirements of soldiers +seeking a general. He had also been already trained in other kinds +of war. For the cause of Sylla was not agreeable to all men. The +multitude of the proscribed, and the enormous calamities that fell on +so many municipal towns, show this plainly. But Caesar, though many +years younger, armed veterans who were now eager to rest; he has +embraced that cause which was most agreeable to the senate, to the +people, to all Italy,--in short, to gods and men. And Pompeius came as +a reinforcement to the extensive command and victorious army of Lucius +Sylla; Caesar had no one to join himself to. He, of his own accord, was +the author and executor of his plan of levying an army, and arraying +a defence for us. Pompeius found the whole Picene district hostile to +the party of his adversaries; but Caesar has levied an army against +Antonius from men who were Antonius's own friends, but still greater +friends to liberty. It was owing to the influence of Pompeius that +Sylla was enabled to act like a king. It is by the protection afforded +us by Caesar that the tyranny of Antonius has been put down. + +Let us then confer on Caesar a regular military command, without which +the military affairs cannot be directed, the army cannot be held +together, war cannot be waged. Let him be made proprietor with all the +privileges which have ever been attached to that appointment. That +honour, although it is a great one for a man of his age, still is +not merely of influence as giving dignity, but it confers powers +calculated to meet the present emergency. Therefore, let us seek for +honours for him which we shall not easily find at the present day. + +XVII. But I hope that we and the Roman people shall often have an +opportunity of complimenting and honouring this young man. But at the +present moment I give my vote that we should pass a decree in this +form: + +"As Caius Caesar, the son of Caius, Pontiff and Propraetor, has at a +most critical period of the republic exhorted the veteran soldiers to +defend the liberty of the Roman people, and has enlisted them in his +army, and as the Martial legion and the fourth legion, with great zeal +for the republic, and with admirable unanimity, under the guidance and +authority of Caius Caesar, have defended and are defending the republic +and the liberty of the Roman people, and as Caius Caesar, propraetor, +has gone with his army as a reinforcement to the province of Gaul, has +made cavalry, and archers, and elephants, obedient to himself and to +the Roman people, and has, at a most critical time for the republic, +come to the aid of the safety and dignity of the Roman people,--on +these accounts, it seems good to the senate that Caius Caesar, the son +of Caius, pontiff and propraetor, shall be a senator, and shall deliver +his opinions from the bench occupied by men of praetorian rank, and +that, on occasion of his offering himself for any magistracy, he shall +be considered of the same legal standing and qualification as if he +had been quaestor the preceding year." + +For what reason can there be, O conscript fathers, why we should +not wish him to arrive at the highest honours at as early an age as +possible? For when, by the laws fixing the age at which men might be +appointed to the different magistracies our ancestors fixed a more +mature age for the consulship, they were influenced by fears of the +precipitation of youth, Caius Caesar, at his first entrance into life, +has shown us that, in the case of his eminent and unparalleled virtue, +we have no need to wait for the progress of age. Therefore our +ancestors, those old men, in the most ancient times, had no laws +regulating the age for the different offices, it was ambition which +caused them to be passed many years afterwards, in order that there +might be among men of the same age different steps for arriving at +honours. And it has often happened that a disposition of great natural +virtue has been lost before it had any opportunity of benefiting the +republic. + +But among the ancients, the Rulii, the Decii, the Corvim, and many +others, and in more modern times the elder Africanus and Titus +Flaminius were made consuls very young, and performed such exploits as +greatly to extend the empire of the Roman people, and to embellish its +name. What more? Did not the Macedonian Alexander, having begun to +perform mighty deeds from his earliest youth, die when he was only in +his thirty-third year? And that age is ten years less than that fixed +by our laws for a man to be eligible for the consulship. From which it +may be plainly seen that the progress of virtue is often swifter than +that of age. + +XVIII. For as to the fear which those men, who are enemies of Caesar, +pretend to entertain, there is not the slightest reason to apprehend +that he will be unable to restrain and govern himself, or that he will +be so elated by the honours which he receives from us as to use his +power with out moderation. It is only natural, O conscript fathers, +that the man who has learnt to appreciate real glory, and who feels +that he is considered by the senate and by the Roman knights and the +whole Roman people a citizen who is dear to, and a blessing to the +republic, should think nothing whatever deserving of being compared to +this glory. Would that it had happened to Caius Caesar--the father, +I mean--when he was a young man, to be beloved by the senate and by +every virtuous citizen, but, having neglected to aim at that, he +wasted all the power of genius which he had in a most brilliant +degree, in a capricious pursuit of popular favour. Therefore, as he +had not sufficient respect for the senate and the virtuous part of the +citizens, he opened for himself that path for the extension of his +power, which the virtue of a free people was unable to bear. + +But the principles of his son are widely different; who is not only +beloved by every one, but in the greatest degree by the most virtuous +men. In him is placed all our hope of liberty, from him already has +our safety been received, for him the highest honours are sought out +and prepared. While therefore we are admiring his singular prudence, +can we at the same time fear his folly? For what can be more foolish +than to prefer useless power, such influence as brings envy in +its train, and a rash and slippery ambition of reigning, to real, +dignified, solid glory? Has he seen this truth as a boy, and when he +has advanced in age will he cease to see it? "But he is an enemy to +some most illustrious and excellent citizens." That circumstance ought +not to cause any fear Caesar has sacrificed all those enmities to the +republic; he had made the republic his judge; he has made her the +directress of all his counsels and actions. For he is come to the +service of the republic in order to strengthen her, not to overturn +her. I am well acquainted with all the feelings of the young man: +there is nothing dearer to him than the republic, nothing which he +considers of more weight than your authority; nothing which he desires +more than the approbation of virtuous men; nothing which he accounts +sweeter than genuine glory. + +Wherefore you not only ought not to fear anything from him, but you +ought to expect greater and better things still. Nor ought you to +apprehend with respect to a man who has already gone forward to +release Decimus Brutus from a siege, that the recollection of his +domestic injury will dwell in his bosom, and have more weight with +him than the safety of the city. I will venture even to pledge my own +faith, O conscript fathers, to you, and to the Roman people, and to +the republic, which in truth, if no necessity compelled me to do so, +I would not venture to do, and in doing which on slight grounds, I +should be afraid of giving rise to a dangerous opinion of my rashness +in a most important business; but I do promise, and pledge myself, and +undertake, O conscript fathers, that Caius Caesar will always be such +a citizen as he is this day, and as we ought above all things to wish +and desire that he may turn out. + +XIX. And as this is the case, I shall consider that I have said enough +at present about Caesar. + +Nor do I think that we ought to pass over Lucius Egnatuleius, a most +gallant and wise and firm citizen, and one thoroughly attached to the +republic, in silence; but that we ought to give him our testimony to +his admirable virtue, because it was he who led the fourth legion to +Caesar, to be a protection to the consuls, and senate, and people of +Rome, and the republic. And for these acts I give my vote: + +"That it be made lawful for Lucius Egnatuleius to stand for, and be +elected to, and discharge the duties of any magistracy, three years +before the legitimate time." + +And by this motion, O conscript fathers, Lucius Egnatuleius does not +get so much actual advantage as honour. For in a case like this it is +quite sufficient to be honourably mentioned. + +But concerning the army of Caius Caesar, I give my vote for the passing +of a decree in this form: + +"The senate decrees that the veteran soldiers who have defended and +are defending [lacuna] of Caesar, pontiff [lacuna] and the authority of +this order, should, and their children after them, have an exemption +from military service. And that Caius Pansa and Aulus Hirtius the +consuls, one or both of them, as they think fit, shall inquire what +land there is in those colonies in which the veteran soldiers have +been settled, which is occupied in defiance of the provisions of the +Julian law, in order that that may be divided among these veterans. +That they shall institute a separate inquiry about the Campanian +district, and devise a plan for increasing the advantages enjoyed by +these veteran soldiers; and with respect to the Martial legion, and +to the fourth legion, and to those soldiers of the second and +thirty-fifth legions who have come over to Caius Pansa and Aulus +Hirtius the consuls, and have given in their names, because the +authority of the senate and the liberty of the Roman people is and +always has been most dear to them, the senate decrees that they and +their children shall have exemption from military service, except in +the case of any Gallic and Italian sedition; and decrees further, that +those legions shall have their discharge when this war is terminated; +and that whatever sum of money Caius Caesar, pontiff and propraetor, has +promised to the soldiers of those legions individually, shall be paid +to them. And that Caius Pansa and Aulus Hirtius the consuls, one or +both of them, as it seems good to them, shall make an estimate of the +land which can be distributed without injury to private individuals; +and that land shall be given and assigned to the soldiers of the +Martial legion and of the fourth legion, in the largest shares in +which land has ever been given and assigned to soldiers." + +I have now spoken, O consuls, on every point concerning which you have +submitted a motion to us; and if the resolutions which I have proposed +be decreed without delay, and seasonably, you will the more easily +prepare those measures which the present time and emergency demand. +But instant action is necessary. And if we had adopted that earlier, +we should, as I have often said, now have no war at all. + + + + +THE SIXTH ORATION OF M. T CICERO AGAINST MARCUS ANTONIUS CALLED ALSO +THE SIXTH PHILIPPIC. ADDRESSED TO THE PEOPLE. + +THE ARGUMENT + + +In respect of the honours proposed by Cicero in the last speech the +senate agreed with him, voting to Octavius honours beyond any that +Cicero had proposed. But they were much divided about the question +of sending an embassy to Antonius, and the consuls, seeing that a +majority agreed with Cicero, adjourned the debate till the next day. +The discussion lasted three days, and the senate would at last have +adopted all Cicero's measures if one of the tribunes, Salvius, had not +put his veto on them. So that at last the embassy was ordered to +be sent, and Servius Sulpicius, Lucius Piso, and Lucius Philippus, +appointed as the ambassadors, but they were charged merely to +order Antonius to abandon the siege of Mutina, and to desist from +hostilities against the province of Gaul, and further, to proceed to +Decimus Brutus in Mutina, and to give him and his army the thanks of +the senate and people. + +The length of the debates roused the curiosity of the people, who, +being assembled in the forum to learn the result, called on Cicero to +come forth and give them an account of what had been done--on which he +went to the rostra, accompanied by Publius Appuleius the tribune, and +related to them all that had passed in the following speech: + +I. I imagine that you have heard, O Romans, what has been done in the +senate, and what has been the opinion delivered by each individual. +For the matter which has been in discussion ever since the first of +January, has been just brought to a conclusion, with less severity +indeed than it ought to have been, but still in a manner not +altogether unbecoming. The war has been subjected to a delay, but +the cause has not been removed. Wherefore, as to the question which +Publius Appuleius--a man united to me by many kind offices and by the +closest intimacy, and firmly attached to your interests--has asked me, +I will answer in such a manner that you may be acquainted with the +transactions at which you were not present. + +The cause which prompted our most fearless and excellent consuls to +submit a motion on the first of January, concerning the general state +of the republic, arose from the decree which the senate passed by my +advice on the nineteenth of December. On that day, O Romans, were +the foundations of the republic first laid. For then, after a long +interval, the senate was free in such a manner that you too might +become free. On which day, indeed,--even if it had been to bring to me +the end of my life,--I received a sufficient reward for my exertions, +when you all with one heart and one voice cried out together, that +the republic had been a second time saved by me. Stimulated by so +important and so splendid a decision of yours in my favour, I came +into the senate on the first of January, with the feeling that I was +bound to show my recollection of the character which you had imposed +upon me, and which I had to sustain. + +Therefore, when I saw that a nefarious war was waged against the +republic, I thought that no delay ought to be interposed to our +pursuit of Marcus Antonius; and I gave my vote that we ought to pursue +with war that most audacious man, who, having committed many atrocious +crimes before, was at this moment attacking a general of the Roman +people, and besieging your most faithful and gallant colony; and that +a state of civil war ought to be proclaimed; and I said further, that +my opinion was that a suspension of the ordinary forms of justice +should be declared, and that the garb of war should be assumed by +the citizens, in order that all men might apply themselves with more +activity and energy to avenging the injuries of the republic, if they +saw that all the emblems of a regular war had been adopted by the +senate. Therefore, this opinion of mine, O Romans, prevailed so much +for three days, that although no division was come to, still all, +except a very few, appeared inclined to agree with me. But to-day--I +know not owing to what circumstance--the senate was more indulgent. +For the majority decided on our making experiment, by means of +ambassadors, how much influence the authority of the senate and your +unanimity will have upon Antonius. + +II. I am well aware, O Romans, that this decision is disapproved of by +you; and reasonably too. For to whom are we sending ambassadors? Is +it not to him who, after having dissipated and squandered the public +money, and imposed laws on the Roman people by violence and in +violation of the auspices,--after having put the assembly of the +people to flight and besieged the senate, sent for the legions from +Brundusium to oppress the republic? who, when deserted by them, has +invaded Gaul with a troop of banditti? who is attacking Brutus? who is +besieging Mutina? How can you offer conditions to, or expect equity +from, or send an embassy to, or, in short, have anything in common +with, this gladiator? although, O Romans, it is not an embassy, but a +denunciation of war if he does not obey. For the decree has been drawn +up as if ambassadors were being sent to Hannibal. For men are sent to +order him not to attack the consul elect, not to besiege Mutina, not +to lay waste the province, not to enlist troops, but to submit himself +to the power of the senate and people of Rome. No doubt he is a +likely man to obey this injunction, and to submit to the power of the +conscript fathers and to yours, who has never even had any mastery +over himself. For what has he ever done that showed any discretion, +being always led away wherever his lust, or his levity, or his frenzy, +or his drunkenness has hurried him? He has always been under the +dominion of two very dissimilar classes of men, pimps and robbers; he +is so fond of domestic adulteries and forensic murders, that he would +rather obey a most covetous woman than the senate and people of Rome. + +III. Therefore, I will do now before you what I have just done in the +senate. I call you to witness, I give notice, I predict beforehand, +that Marcus Antonius will do nothing whatever of those things which +the ambassadors are commissioned to command him to do; but that he +will lay waste the lands, and besiege Mutina and enlist soldiers, +wherever he can. For he is a man who has at all times despised the +judgment and authority of the senate, and your inclinations and power. +Will he do what it has been just now decreed that he shall do,--lead +his army back across the Rubicon, which is the frontier of Gaul, and +yet at the same time not come nearer Rome than two hundred miles? will +he obey this notice? will he allow himself to be confined by the river +Rubicon and by the limit of two hundred miles? Antonius is not that +sort of man. For if he had been, he would never have allowed matters +to come to such a pass, as for the senate to give him notice, as +it did to Hannibal at the beginning of the Punic war not to attack +Saguntum. But what ignominy it is to be called away from Mutina, and +at the same time to be forbidden to approach the city as if he were +some fatal conflagration! what an opinion is this for the senate +to have of a man! What? As to the commission which is given to the +ambassadors to visit Decimus Brutus and his soldiers, and to inform +them that their excellent zeal in behalf of, and services done to the +republic, are acceptable to the senate and people of Rome, and that +that conduct shall tend to their great glory and to their great +honour; do you think that Antonius will permit the ambassadors to +enter Mutina? and to depart from thence in safety? He never will allow +it, believe me. I know the violence of the man, I know his impudence, +I know his audacity. + +Nor, indeed, ought we to think of him as of a human being, but as of a +most ill-omened beast. And as this is the case, the decree which +the senate has passed is not wholly improper. The embassy has some +severity in it; I only wish it had no delay. For as in the conduct of +almost every affair slowness and procrastination are hateful, so above +all things does this war require promptness of action. We must assist +Decimus Brutus; we must collect all our forces from all quarters; +we cannot lose a single hour in effecting the deliverance of such +a citizen without wickedness. Was it not in his power, if he had +considered Antonius a consul, and Gaul the province of Antonius, to +have given over the legions and the province to Antonius? and to +return home himself? and to celebrate a triumph? and to be the first +man in this body to deliver his opinion, until he entered on his +magistracy? What was the difficulty of doing that? But as he +remembered that he was Brutus, and that he was born for your freedom, +not for his own tranquillity, what else did he do but--as I may almost +say--put his own body in the way to prevent Antonius from entering +Gaul? Ought we then to send ambassadors to this man, or legions? +However, we will say nothing of what is past. Let the ambassadors +hasten, as I see that they are about to do. Do you prepare your +robes of war. For it has been decreed, that, if he does not obey +the authority of the senate, we are all to betake our selves to our +military dress. And we shall have to do so. He will never obey. And we +shall lament that we have lost so many days, when we might have been +doing something. + +IV I have no fear, O Romans, that when Antonius hears that I have +asserted, both in the senate and in the assembly of the people, that +he never will submit himself to the power of the senate, he will, for +the sake of disproving my words, and making me to appeal to have had +no foresight, alter his behaviour and obey the senate. He will never +do so. He will not grudge me this part of my reputation, he will +prefer letting me be thought wise by you to being thought modest +himself. Need I say more? Even if he were willing to do so himself, +do you think that his brother Lucius would permit him? It has been +reported that lately at Tibur, when Marcus Antonius appeared to him to +be wavering, he, Lucius, threatened his brother with death. And do +we suppose that the orders of the senate, and the words of the +ambassadors, will be listened to by this Asiatic gladiator? It will be +impossible for him to be separated from a brother, especially from one +of so much authority. For he is another Africanus among them. He is +considered of more influence than Lucius Trebellius, of more than +Titus Plancus [lacuna] a noble young man. As for Plancus, who, having +been condemned by the unanimous vote of every one, amid the +overpowering applause of you yourselves, somehow or other got mixed up +in this crowd, and returned with a countenance so sorrowful, that he +appeared to have been dragged back rather than to have returned, he +despises him to such degree, as if he were interdicted from fire and +water. At times he says that that man who set the senate house on fire +has no right to a place in the senate house. For at this moment he is +exceedingly in love with Trebellius. He hated him some time ago, when +he was opposing an abolition of debts, but now he delights in him, +ever since he has seen that Trebellius himself cannot continue in +safety without an abolition of debts. For I think that you have heard, +O Romans, what indeed you may possibly have seen, that the sureties +and creditors of Lucius Trebellius meet every day. Oh confidence! for +I imagine that Trebellius has taken this surname, what can be greater +confidence than defrauding one's creditors? than flying from one's +house? than, because of one's debts, being forced to go to war? What +has become of the applauses which he received on the occasion of +Caesar's triumph, and often at the games? Where is the aedileship that +was conferred on him by the zealous efforts of all good men? who is +there who does not now think that he acted virtuously by accident? + + * * * * * + +V However, I return to your love and especial delight, Lucius +Antonius, who has admitted you all to swear allegiance to him. Do +you deny it? is there any one of you who does not belong to a tribe? +Certainly not. But thirty five tribes have adopted him for their +patron. Do you again cry out against my statement? Look at that gilt +statue of him on the left what is the inscription upon it? "The thirty +five tribes to their patron." Is then Lucius Antonius the patron of +the Roman people? Plague take him! For I fully assent to your outcry. +I won't speak of this bandit whom no one would choose to have for +a client, but was there ever a man possessed of such influence, or +illustrious for mighty deeds, as to dare to call himself the patron of +the whole Roman people, the conqueror and master of all nations? We +see in the forum a statue of Lucius Antonius, just as we see one of +Quintus Tremulus, who conquered the Hernici, before the temple of +Castor. Oh the incredible impudence of the man! Has he assumed all +this credit to himself, because as a mumillo at Mylasa he slew the +Thracian, his friend? How should we be able to endure him, if he had +fought in this forum before the eyes of you all? But, however, this +is but one statue. He has another erected by the Roman knights who +received horses from the state,[36] and they too inscribe on that, +"To their patron". Who was ever before adopted by that order as its +patron? If it ever adopted any one as such, it ought to have adopted +me. What censor was ever so honoured? what imperator? "But he +distributed land among them". Shame on their sordid natures for +accepting it! shame on his dishonesty for giving it! + +Moreover, the military tribunes who were in the army of Caesar have +erected him a statue. What order is that? There have been plenty of +tribunes in our numerous legions in so many years. Among them he has +distributed the lands of Semurium. The Campus Martius was all that was +left, if he had not first fled with his brother. But this allotment +of lands was put an end to a little while ago, O Romans, by the +declaration of his opinion by Lucius Caesar a most illustrious man and +a most admirable senator. For we all agreed with him and annulled the +acts of the septemvirs. So all the kindness of Nucula[37] goes for +nothing, and the patron Antonius is at a discount. For those who had +taken possession will depart with more equanimity. They had not been +at any expense, they had not yet furnished or stocked their domains, +partly because they did not feel sure of their title, and partly +because they had no money. + +But as for that splendid statue, concerning which, if the times were +better, I could not speak without laughing, "To Lucius Antonius, +patron of the middle of Janus"[38] Is it so? Is the middle of Janus a +client of Lucius Antonius? Who ever was found in that Janus who would +have lent Lucius Antonius a thousand sesterces? + +VI. However, we have been spending too much time in trifles. Let us +return to our subject and to the war. Although it was not wholly +foreign to the subject for some characters to be thoroughly +appreciated by you, in order that you might in silence think over who +they were against whom you were to wage war. + +But I exhort you, O Romans, though perhaps other measures might have +been wiser, still now to wait with calmness for the return of the +ambassadors. Promptness of action has been taken from our side, but +still some good has accrued to it. For when the ambassadors have +reported what they certainly will report, that Antonius will not +submit to you nor to the senate, who then will be so worthless a +citizen as to think him deserving of being accounted a citizen? For at +present there are men, few indeed, but still more than there ought to +be, or than the republic deserves that there should be, who speak in +this way,--"Shall we not even wait for the return of the ambassadors?" +Certainly the republic itself will force them to abandon that +expression and that pretence of clemency. On which account, to confess +the truth to you, O Romans, I have less striven to day, and laboured +all the less to day, to induce the senate to agree with me in +decreeing the existence of a seditious war, and ordering the apparel +of war to be assumed. I preferred having my sentiments applauded by +every one in twenty days' time, to having it blamed to day by a few. +Wherefore, O Romans, wait now for the return of the ambassadors, and +devour your annoyance for a few days. And when they do return, if +they bring back peace, believe me that I have been desirous that they +should, if they bring back war, then allow me the praise of foresight. +Ought I not to be provident for the welfare of my fellow-citizens? +Ought I not day and night to think of your freedom and of the safety +of the republic? For what do I not owe to you, O Romans, since you +have preferred for all the honours of the state a man who is his own +father to the most nobly born men in the republic? Am I ungrateful? +Who is less so? I, who, after I had obtained those honours, have +constantly laboured in the forum with the same exertions as I used +while striving for them. Am I inexperienced in state affairs? Who has +had more practice than I, who have now for twenty years been waging +war against impious citizens? + +VII Wherefore, O Romans, with all the prudence of which I am master, +and with almost more exertion than I am capable of, will I put forth +my vigilance and watchfulness in your behalf In truth, what citizen +is there, especially in this rank in which you have placed me, so +forgetful of your kindness, so unmindful of his country, so hostile to +his own dignity, as not to be roused and stimulated by your wonderful +unanimity? I, as consul, have held many assemblies of the people, +I have been present at many others, I have never once seen one so +numerous as this one of yours now is. You have all one feeling, you +have all one desire, that of averting the attempts of Marcus Antonius +from the republic, of extinguishing his frenzy and crushing his +audacity. All orders have the same wish. The municipal towns, the +colonies, and all Italy are labouring for the same end. Therefore you +have made the senate, which was already pretty firm of its own accord, +firmer still by your authority. The time has come, O Romans, later +altogether than for the honour of the Roman people it should have +been, but still so that the things are now so ripe that they do not +admit of a moment's delay. There has been a sort of fatality, if I +may say so, which we have borne as it was necessary to bear it. But +hereafter if any disaster happens to us it will be of our own seeking. +It is impossible for the Roman people to be slaves, that people whom +the immortal gods have ordained should rule over all nations. Matters +are now come to a crisis. We are fighting for our freedom. Either you +must conquer, O Romans, which indeed you will do if you continue to +act with such piety and such unanimity, or you must do anything rather +than become slaves. Other nations can endure slavery. Liberty is the +inalienable possession of the Roman people. + + + + +THE SEVENTH ORATION OF M. T. CICERO AGAINST MARCUS ANTONIUS CALLED +ALSO THE SEVENTH PHILIPPIC. + + +THE ARGUMENT + + +After the senate had decided on sending them, the ambassadors +immediately set out, though Servius Sulpicius was in a very bad state +of health. In the meantime the partisans of Antonius in the city, with +Calenus at their head were endeavouring to gain over the rest of the +citizens, by representing him as eager for an accommodation and they +kept up a correspondence with him, and published such of his letters +as they thought favourable for their views. Matters being in this +state, Cicero, at an ordinary meeting of the senate, made the +following speech to counteract the machinations of this party, and to +warn the citizens generally of the danger of being deluded by them. + +I. We are consulted to-day about matters of small importance, but +still perhaps necessary, O conscript fathers. The consul submits a +motion to us about the Appian road, and about the coinage, the tribune +of the people one about the Luperci. And although it seems easy to +settle such matters as those, still my mind cannot fix itself on such +subjects, being anxious about more important matters. For our affairs, +O conscript fathers, are come to a crisis, and are in a state of +almost extreme danger. It is not without reason that I have always +feared and never approved of that sending of ambassadors. And what +their return is to bring us I know not, but who is there who does not +see with how much languor the expectation of it infects our minds? For +those men put no restraint on themselves who grieve that the senate +has revived so as to entertain hopes of its former authority, and +that the Roman people is united to this our order, that all Italy is +animated by one common feeling, that armies are prepared, and generals +ready for the armies, even already they are inventing replies for +Antonius, and defending them. Some pretend that his demand is that all +the armies be disbanded. I suppose then we sent ambassadors to him, +not that he should submit and obey this our body, but that he should +offer us conditions, impose laws upon us, order us to open Italy to +foreign nations, especially while we were to leave him in safety from +whom there is more danger to be feared than from any nation whatever. +Others say that he is willing to give up the nearer Gaul to us, and +that he will be satisfied with the further Gaul. Very kind of him! in +order that from thence he may endeavour to bring not merely legions, +but even nations against this city. Others say that he makes no +demands now but such as are quite moderate. Macedonia he calls +absolutely his own, since it was from thence that his brother Caius +was recalled. But what province is there in which that firebrand may +not kindle a conflagration? Therefore those same men, like provident +citizens and diligent senators, say that I have sounded the charge, +and they undertake the advocacy of peace. Is not this the way in +which they argue? "Antonius ought not to have been irritated, he is +a reckless and a bold man, there are many bad men besides him." (No +doubt, and they may begin and count themselves first). And they warn +us to be on our guard against them. Which conduct then is it which +shows the more prudent caution chastising wicked citizens when one is +able to do so, or fearing them? + +II. And these men speak in this way, who on account of their trifling +disposition used to be considered friends of the people. From which +it may be understood that they in their hearts have at all times been +disinclined to a good constitution of the state, and they were not +friends of the people from inclination. For how comes it to pass that +those men who were anxious to gratify the people in evil things, now, +on an occasion which above all others concerns the people's interests, +because the same thing would be also salutary for the republic, now +prefer being wicked to being friends of the people? This noble cause +of which I am the advocate has made me popular, a man who (as you +know) have always opposed the rashness of the people. And those men +are called, or rather they call themselves, consulars; though no man +is worthy of that name except those who can support so high an honour. +Will you favour an enemy? Will you let him send you letters about his +hopes of success? Will you be glad to produce them? to read them? Will +you even give them to wicked citizens to take copies of? Will you thus +raise their courage? Will you thus damp the hopes and valour of the +good? And then will you think yourself a consular, or a senator, or +even a citizen? Caius Pansa, a most fearless and virtuous consul, will +take what I say in good part. For I will speak with a disposition +most friendly to him; but I should not consider him himself a consul, +though a man with whom I am most intimate, unless he was such a consul +as to devote all his vigilance, and cares, and thoughts to the safety +of the republic. + +Although long acquaintance, and habit, and a fellowship and +resemblance in the most honourable pursuits, has bound us together +from his first entrance into life; and his incredible diligence, +proved at the time of the most formidable dangers of the civil war, +showed that he was a favourer not only of my safety, but also of my +dignity; still, as I said before, if he were not such a consul as I +have described, I should venture to deny that he was a consul at all. +But now I call him not only a consul, but the most excellent and +virtuous consul within my recollection; not but that there have been +others of equal virtue and equal inclination, but still they have not +had an equal opportunity of displaying that virtue and inclination. +But the opportunity of a time of most formidable change has been +afforded to his magnanimity, and dignity, and wisdom. And that is the +time when the consulship is displayed to the greatest advantage, when +it governs the republic during a time which, if not desirable, is at +all events critical and momentous. And a more critical time than the +present, O conscript fathers, never was. + +III. Therefore I, who have been at all times an adviser of peace, +and who, though all good men always considered peace, and especially +internal peace, desirable, have desired it more than all of them;--for +the whole of the career of my industry has been passed in the forum +and in the senate-house, and in warding off dangers from my friends; +it is by this course that I have arrived at the highest honours, at +moderate wealth, and at any dignity which we may be thought to have: I +therefore, a nursling of peace, as I may call myself, I who, whatever +I am, (for I arrogate nothing to myself,) should undoubtedly not have +been such without internal peace: I am speaking in peril: I shudder to +think how you will receive it, O conscript fathers: but still, out of +regard for my unceasing desire to support and increase your dignity, I +beg and entreat you, O conscript fathers, although it may be a bitter +thing to hear, or an incredible thing that it should be said by Marcus +Cicero, still to receive at first, without offence, what I am going +to say, and not to reject it before I have fully explained what it +is;--I, who, I will say so over and over again, have always been a +panegyrist, have always been an adviser of peace, do not wish to have +peace with Marcus Antonius. I approach the rest of my speech with +great hope, O conscript fathers, since I have now passed by that +perilous point amid your silence. + +Why then do I not wish for peace? Because it would be shameful; +because it would be dangerous; because it cannot possibly be real. And +while I explain these three points to you, I beg of you, O conscript +fathers, to listen to my words with the same kindness which you +usually show to me. + +What is more shameful than inconsistency, fickleness, and levity, both +to individuals, and also to the entire senate? Moreover, what can be +more inconsistent than on a sudden to be willing to be united in peace +with a man whom you have lately adjudged to be an enemy, not by words, +but by actions and by many formal decrees? Unless, indeed, when you +were decreeing honours to Caius Caesar, well-deserved indeed by and +fairly due to him, but still unprecedented and never to be forgotten, +for one single reason,--because he had levied an army against Marcus +Antonius,--you were not judging Marcus Antonius to be an enemy; and +unless Antonius was not pronounced an enemy by you, when the veteran +soldiers were praised by your authority, for having followed Caesar; +and unless you did not declare Antonius an enemy when you promised +exemptions and money and lands to those brave legions, because they +had deserted him who was consul while he was an enemy. + +IV. What? when you distinguished with the highest praises Brutus, a +man born under some omen, as it were, of his race and name, for the +deliverance of the republic, and his army, which was waging war +against Antonius on behalf of the liberty of the Roman people, and the +most loyal and admirable province of Gaul, did you not then pronounce +Antonius an enemy? What? when you decreed that the consuls, one or +both of them, should go to the war, what war was there if Antonius was +not an enemy? Why then was it that most gallant man, my own colleague +and intimate friend, Aulus Hirtius the consul, has set out? And in +what delicate health he is; how wasted away! But the weak state of his +body could not repress the vigour of his mind. He thought it fair, I +suppose, to expose to danger in defence of the Roman people that life +which had been preserved to him by their prayers. What? when you +ordered levies of troops to be made throughout all Italy, when you +suspended all exemptions from service, was he not by those steps +declared to be an enemy? You see manufactories of arms in the city; +soldiers, sword in hand, are following the consul; they are in +appearance a guard to the consul, but in fact and reality to us; all +men are giving in their names, not only without any shirking, but +with the greatest eagerness; they are acting in obedience to your +authority. Has not Antonius been declared an enemy by such acts? + +"Oh, but we have sent ambassadors to him." Alas, wretched that I am! +why am I compelled to find fault with the senate whom I have always +praised? Why? Do you think, O conscript fathers, that you have induced +the Roman people to approve of the sending ambassadors? Do you not +perceive, do you not hear, that the adoption of my opinion is demanded +by them? that opinion which you, in a full house, agreed to the day +before, though the day after you allowed yourselves to be brought down +to a groundless hope of peace. Moreover, how shameful it is for the +legions to send out ambassadors to the senate, and the senate to +Antonius! Although that is not an embassy; it is a denunciation that +destruction is prepared for him if he do not submit to this order. +What is the difference? At all events, men's opinions are unfavourable +to the measure; for all men see that ambassadors have been sent, but +it is not all who are acquainted with the terms of your decree. + +V. You must, therefore, preserve your consistency, your wisdom, your +firmness, your perseverance. You must go back to the old-fashioned +severity, if at least the authority of the senate is anxious to +establish its credit, its honour, its renown, and its dignity, things +which this order has been too long deprived of. But there was some +time ago some excuse for it, as being oppressed; a miserable excuse +indeed, but still a fair one; now there is none. We appeared to have +been delivered from kingly tyranny; and afterwards we were oppressed +much more severely by domestic enemies. We did indeed turn their arms +aside; we must now wrest them from their hands. And if we cannot do +so, (I will say what it becomes one who is both a senator and a Roman +to say,) let us die. For how just will be the shame, how great will be +the disgrace, how great the infamy to the republic, if Marcus Antonius +can deliver his opinion in this assembly from the consular bench. For, +to say nothing of the countless acts of wickedness committed by him +while consul in the city, during which time he has squandered a vast +amount of public money, restored exiles without any law, sold our +revenues to all sorts of people, removed provinces from the empire of +the Roman people, given men kingdoms for bribes, imposed laws on the +city by violence, besieged the senate, and, at other times, excluded +it from the senate-house by force of arms;--to say nothing, I say, of +all this, do you not consider this, that he who has attacked Mutina, a +most powerful colony of the Roman people--who has besieged a general +of the Roman people, who is consul elect--who has laid waste the +lands,--do you not consider, I say, how shameful and iniquitous a +thing it would be for that man to be received into this order, by +which he has been so repeatedly pronounced an enemy for these very +reasons? + +I have said enough of the shamefulness of such a proceeding; I will +now speak next, as I proposed, of the danger of it; which, although it +is not so important to avoid as shame, still offends the minds of the +greater part of mankind even more. + +VI. Will it then be possible for you to rely on the certainty of any +peace, when you see Antonius, or rather the Antonii, in the city? +Unless, indeed, you despise Lucius: I do not despise even Caius. But, +as I think, Lucius will be the dominant spirit,--for he is the patron +of the five-and-thirty tribes, whose votes he took away by his law, by +which he divided the magistracies in conjunction with Caius Caesar. +He is the patron of the centuries of the Roman knights, which also he +thought fit to deprive of the suffrages: he is the patron of the men +who have been military tribunes; he is the patron of the middle of +Janus. O ye gods! who will be able to support this man's power? +especially when he has brought all his dependants into the lands. Who +ever was the patron of all the tribes? and of the Roman knights? and +of the military tribunes? Do you think that the power of even the +Gracchi was greater than that of this gladiator will be? whom I have +called gladiator, not in the sense in which sometimes Marcus Antonius +too is called gladiator, but as men call him who are speaking plain +Latin. He has fought in Asia as a mirmillo. After having equipped his +own companion and intimate friend in the armour of a Thracian, he slew +the miserable man as he was flying; but he himself received a palpable +wound, as the scar proves. + +What will the man who murdered his friend in this way, when he has an +opportunity, do to an enemy? and if he did such a thing as this for +the fun of the thing, what do you think he will do when tempted by the +hope of plunder? Will he not again meet wicked men in the decuries? +will he not again tamper with those men who have received lands? will +he not again seek those who have been banished? will he not, in short, +be Marcus Antonius; to whom, on the occasion of every commotion, there +will be a rush of all profligate citizens? Even if there be no one +else except those who are with him now, and these who in this body +now openly speak in his favour, will they be too small in number? +especially when all the protection which we might have had from good +men is lost, and when those men are prepared to obey his nod? But I +am afraid, if at this time we fail to adopt wise counsels, that that +party will in a short time appear too numerous for us. Nor have I any +dislike to peace; only I do dread war disguised under the name of +peace. Wherefore, if we wish to enjoy peace we must first wage war. If +we shrink from war, peace we shall never have. + +VII. But it becomes your prudence, O conscript fathers, to provide as +far forward as possible for posterity. That is the object for which we +were placed in this garrison, and as it were on this watch-tower; that +by our vigilance and foresight we might keep the Roman people free +from fear. It would be a shameful thing, especially in so clear a case +as this, for it to be notorious that wisdom was wanting to the chief +council of the whole world. We have such consuls, there is such +eagerness on the part of the Roman people, we have such an unanimous +feeling of all Italy in our favour, such generals, and such armies, +that the republic cannot possibly suffer any disaster without the +senate being in fault. I, for my part, will not be wanting. I will +warn you, I will forewarn you, I will give you notice, I will call +gods and men to witness what I do really believe. Nor will I display +my good faith alone, which perhaps may seem to be enough, but which in +a chief citizen is not enough; I will exert all my care, and prudence, +and vigilance. + +I have spoken about the danger. I will now proceed to prove to you +that it is not possible for peace to be firmly cemented; for of the +propositions which I promised to establish this is the last. + +VIII. What peace can there be between Marcus Antonius and (in the +first place) the senate? with what face will he be able to look upon +you, and with what eyes will you, in turn, look upon him? Which of you +does not hate him? which of you does not he hate? Come, are you the +only people who hate him; and whom he hates? What? what do you think +of those men who are besieging Mutina, who are levying troops in Gaul, +who are threatening your fortunes? will they ever be friends to you, +or you to them? Will he embrace the Roman knights? For, suppose their +inclinations respecting, and their opinions of Antonius were very much +concealed, when they stood in crowds on the steps of the temple +of Concord, when they stimulated you to endeavour to recover your +liberty, when they demanded arms, the robe of war, and war, and who, +with the Roman people, invited me to meet in the assembly of the +people, will these men ever become friends to Antonius? will Antonius +ever maintain peace with them? For why should I speak of the whole +Roman people? which, in a full and crowded forum, twice, with one +heart and one voice, summoned me into the assembly, and plainly showed +their excessive eagerness for the recovery of their liberty. So, +desirable as it was before to have the Roman people for our comrade, +we now have it for our leader. + +What hope then is there that there ever can be peace between the Roman +people and the men who are besieging Mutina and attacking a general +and army of the Roman people? Will there be peace with the municipal +towns, whose great zeal is shown by the decrees which they pass, by +the soldiers whom they furnish, by the sums which they promise, so +that in each town there is such a spirit as leaves no one room to wish +for a senate of the Roman people? The men of Firmium deserve to be +praised by a resolution of our order, who set the first example of +promising money; we ought to return a complimentary answer to the +Marrucini, who have passed a vote that all who evade military service +are to be branded with infamy. These measures are adopted all over +Italy. There is great peace between Antonius and these men, and +between them and him! What greater discord can there possibly be? And +in discord civil peace cannot by any possibility exist. To say nothing +of the mob, look at Lucius Nasidius, a Roman knight, a man of the very +highest accomplishments and honour, a citizen always eminent, whose +watchfulness and exertions for the protection of my life I felt in my +consulship; who not only exhorted his neighbours to become soldiers, +but also assisted them from his own resources; will it be possible +ever to reconcile Antonius to such a man as this, a man whom we ought +to praise by a formal resolution of the senate? What? will it be +possible to reconcile him to Caius Caesar, who prevented him from +entering the city, or to Decimus Brutus, who has refused him entrance +into Gaul? Moreover, will he reconcile himself to, or look mercifully +on the province of Gaul, by which he has been excluded and rejected? +You will see everything, O conscript fathers, if you do not take care, +full of hatred and full of discord, from which civil wars arise. Do +not then desire that which is impossible: and beware, I entreat you by +the immortal gods, O conscript fathers, that out of hope of present +peace you do not lose perpetual peace. + +What now is the object of this oration? For we do not yet know what +the ambassadors have done. But still we ought to be awake, erect, +prepared, armed in our minds, so as not to be deceived by any civil +or supplicatory language, or by any pretence of justice. He must have +complied with all the prohibitions and all the commands which we have +sent him, before he can demand anything. He must have desisted from +attacking Brutus and his army, and from plundering the cities and +lands of the province of Gaul; he must have permitted the ambassadors +to go to Brutus, and led his army back on this side of the Rubicon, +and yet not come within two hundred miles of this city. He must have +submitted himself to the power of the senate and of the Roman people. +If he does this, then we shall have an opportunity of deliberating +without any decision being forced upon us either way. If he does not +obey the senate, then it will not be the senate that declares war +against him, but he who will have declared it against the senate. + +But I warn you, O conscript fathers, the liberty of the Roman people, +which is entrusted to you, is at stake. The life and fortune of +every virtuous man is at stake, against which Antonius has long been +directing his insatiable covetousness, united to his savage cruelty. +Your authority is at stake, which you will wholly lose if you do not +maintain it now. Beware how you let that foul and deadly beast escape +now that you have got him confined and chained. You too, Pansa, I +warn, (although you do not need counsel, for you have plenty of wisdom +yourself: but still, even the most skilful pilots receive often +warnings from the passengers in terrible storms,) not to allow this +vast and noble preparation which you have made to fall away to +nothing. You have such an opportunity as no one ever had. It is in +your power so to avail yourself of this wise firmness of the senate, +of this zeal of the equestrian order, of this ardour of the Roman +people, as to release the Roman people from fear and danger for ever. +As to the matters to which your motion before the senate refers, I +agree with Publius Servilius. + + * * * * * + + + + +THE EIGHTH ORATION OF M T CICERO AGAINST MARCUS ANTONIUS CALLED ALSO +THE EIGHTH PHILIPPIC + + * * * * * + +THE ARGUMENT + + +After the embassy to Antonius had left Rome the consuls zealously +exerted themselves in preparing for war, in case he should reject the +demands of the ambassador. Hirtius, though in bad health, left Rome +first, at the head of an army containing, among others, the Martial +and the fourth legions, intending to join Octavius and hoping with his +assistance to prevent his gaining any advantage over Brutus till Pansa +could join them. And he gained some advantages over Antonius at once. + +About the beginning of February the two remaining ambassadors (for +Servius Sulpicius had died just as they arrived at Antonius's camp) +returned, bringing word that Antonius would comply with none of the +commands of the senate, nor allow them to proceed to Decimus Brutus, +and bringing also (contrary to their duty) demands from him, of which +the principal were, that his troops were to be rewarded, all the acts +of himself and Dolabella to be ratified as also all that he had done +respecting Caesar's papers, that no account was to be required of him +of the money; in the temple of Ops and that he should have the further +Gaul with an army of six legions. + +Pansa summoned the senate to receive the report of the ambassador, +when Cicero made a severe speech, proposing very vigorous measures +against Antonius, which, however, Galenus and his party were still +numerous enough to mitigate very greatly; and even Pansa voted against +him and in favour of the milder measures though they could not prevail +against Cicero to have a second embassy sent to Antonius, and though +Cicero carried his point of ordering the citizens to assume the +_sagum_, or robe of war which he also (waving his privilege as a +man of consular rank) wore himself. The next day the senate met again, +to draw upon form the decrees on which they had resolved the +day before, when Cicero addressed the following speech to them, +expostulating with them for their wavering the day before. + +I. Matters were carried on yesterday, O Caius Pansa, in a more +irregular manner than the beginning of your consulship required. You +did not appear to me to make sufficient resistance to those men, to +whom you are not in the habit of yielding. For while the virtue of the +senate was such as it usually is, and while all men saw that there was +war in reality, and some thought that the name ought to be kept back, +on the division, your inclination inclined to lenity. The course which +we proposed therefore was defeated, at your instigation, on account +of the harshness of the word war. That urged by Lucius Caesar, a +most honourable man, prevailed, which, taking away that one harsh +expression, was gentler in its language than in its real intention. +Although he, indeed, before he delivered his opinion at all, pleaded +his relationship to Antonius in excuse for it. He had done the same in +my consulship, in respect of his sister's husband, as he did now in +respect of his sister's son, so that he was moved by the grief of his +sister, and at the same time he wished to provide for the safety of +the republic. + +And yet Caesar himself in some degree recommended you, O conscript +fathers, not to agree with him, when he said that he should have +expressed quite different sentiments, worthy both of himself and of +the republic, if he had not been hampered by his relationship to +Antonius. He, then, is his uncle, are you his uncles too, you who +voted with him? + +But on what did the dispute turn? Some men, in delivering their +opinion, did not choose to insert the word "war". They preferred +calling it "tumult," being ignorant not only of the state of affairs, +but also of the meaning of words. For there can be a "war" without a +"tumult," but there cannot be a "tumult" without a "war." For what is +a "tumult," but such a violent disturbance that an unusual alarm is +engendered by it? from which indeed the name "tumult"[39] is derived. +Therefore, our ancestors spoke of the Italian "tumult," which was a +domestic one, of the Gallic "tumult," which was on the frontier of +Italy, but they never spoke of any other. And that a "tumult" is a +more serious thing than a "war" may be seen from this, that during a +war exemptions from military service are valid, but in a tumult they +are not. So that it is the fact, as I have said, that war can exist +without a tumult, but a tumult cannot exist without a war. In truth, +as there is no medium between war and peace, it is quite plain that a +tumult, if it be not a sort of war, must be a sort of peace; and what +more absurd can be said or imagined? However, we have said too much +about a word; let us rather look to the facts, O conscript fathers, +the appreciation of which, I know, is at times injured by too much +attention being paid to words. + +II. We are unwilling that this should appear to be a war. What is +the object, then, of our giving authority to the municipal towns +and colonies to exclude Antonius? of our authorizing soldiers to be +enlisted without any force, without the terror of any fine, of their +own inclination and eagerness? of permitting them to promise money for +the assistance of the republic? For if the name of war be taken away, +the zeal of the municipal towns will be taken away too. And the +unanimous feeling of the Roman people which at present pours itself +into our cause, if we cool upon it, must inevitably be damped. + +But why need I say more? Decimus Brutus is attacked. Is not that war? +Mutina is besieged. Is not even that war? Gaul is laid waste. What +peace can be more assured than this? Who can think of calling that +war? We have sent forth a consul, a most gallant man, with an army, +who, though he was in a weak state from a long and serious illness, +still thought he ought not to make any excuse when he was summoned to +the protection of the republic. Caius Caesar, indeed, did not wait for +our decrees; especially as that conduct of his was not unsuited to his +age. He undertook war against Antonius of his own accord; for there +was not yet time to pass a decree; and he saw that, if he let slip the +opportunity of waging war, when the republic was crushed it would be +impossible to pass any decrees at all. They and their arms, then, are +now at peace. He is not an enemy whose garrison Hirtius has driven +from Claterna; he is not an enemy who is in arms resisting a consul, +and attacking a consul elect; and those are not the words of an enemy, +nor is that warlike language, which Pansa read just now out of his +colleague's letters: "I drove out the garrison." "I got possession of +Claterna." "The cavalry were routed." "A battle was fought." "A good +many men were slain." What peace can be greater than this? Levies of +troops are ordered throughout all Italy; all exemptions from service +are suspended; the robe of war is to be assumed to-morrow, the consul +has said that he shall come down to the senate house with an armed +guard. + +Is not this war? Ay, it is such a war as has never been. For in all +other wars, and most especially in civil wars, it was a difference as +to the political state of the republic which gave rise to the contest. +Sylla contended against Sulpicius about the force of laws which Sylla +said had been passed by violence. Cinna warred against Octavius +because of the votes of the new citizens. Again, Sylla was at variance +with Cinna and Marius, in order to prevent unworthy men from attaining +power, and to avenge the cruel death of most illustrious men. The +causes of all these wars arose from the zeal of different parties, for +what they considered the interest of the republic. Of the last civil +war I cannot bear to speak. I do not understand the cause of it, I +detest the result. + +III. This is the fifth civil war, (and all of them have fallen upon +our times,) the first which has not only not brought dissensions +and discord among the citizens, but which has been signalised by +extraordinary unanimity and incredible concord. All of them have the +same wish, all defend the same objects, all are inspired with the same +sentiments. When I say all, I except those whom no one thinks worthy +of being citizens at all. What, then, is the cause of war, and what +is the object aimed at? We are defending the temples of the immortal +gods, we are defending the walls of the city, we are defending the +homes and habitations of the Roman people, the household gods, the +altars, the hearths and the sepulchres of our forefathers, we are +defending our laws, our courts of justice, our freedom, our wives, our +children, and our country. On the other hand, Marcus Antonius labours +and fights in order to throw into confusion and overturn all these +things, and hopes to have reason to think the plunder of the republic +sufficient cause for the war, while he squanders part of our fortunes, +and distributes the rest among his parricidal followers. + +While, then, the motives for war are so different, a most miserable +circumstance is what that fellow promises to his band of robbers. In +the first place our houses, for he declares that he will divide the +city among them, and after that he will lead them out at whatever gate +and settle them on whatever lands they please. All the Caphons,[40] +all the Saxas, and the other plagues which attend Antonius, are +marking out for themselves in their own minds most beautiful houses, +and gardens, and villas, at Tusculum and Alba; and those clownish +men--if indeed they are men, and not rather brute beasts--are borne on +in their empty hopes as far as the waters and Puteoli. So Antonius +has something to promise to his followers. What can we do? Have we +anything of the sort? May the gods grant us a better fate! for our +express object is to prevent any one at all from hereafter making +similar promises. I say this against my will, still I must say +it;--the auction sanctioned by Caesar, O conscript fathers, gives +many wicked men both hope and audacity. For they saw some men become +suddenly rich from having been beggars. Therefore, those men who are +hanging over our property, and to whom Antonius promises everything, +are always longing to see an auction. What can we do? What do we +promise our soldiers? Things much better and more honourable. For +promises to be earned by wicked actions are pernicious both to those +who expect them, and to those who promise them. We promise to our +soldiers freedom, rights, laws, justice, the empire of the world, +dignity, peace, tranquillity. The promises then of Antonius are +bloody, polluted, wicked, odious to gods and men, neither lasting nor +salutary; ours, on the other hand, are honourable, upright, glorious, +full of happiness, and full of piety. + +IV. Here also Quintus Fufius, a brave and energetic man, and a friend +of mine, reminds me of the advantages of peace. As if, if it were +necessary to praise peace, I could not do it myself quite as well as +he. For is it once only that I have defended peace? Have I not at all +times laboured for tranquillity? which is desirable for all good +men, but especially for me. For what course could my industry pursue +without forensic causes, without laws, without courts of justice? and +these things can have no existence when civil peace is taken away. But +I want to know what you mean, O Calenus? Do you call slavery peace? +Our ancestors used to take up arms not merely to secure their freedom, +but also to acquire empire; you think that we ought to throw away our +arms, in order to become slaves. What juster cause is there for waging +war than the wish to repel slavery? in which, even if one's master be +not tyrannical, yet it is a most miserable thing that he should be +able to be so if he chooses. In truth, other causes are just, this is +a necessary one. Unless, perhaps, you think that this does not apply +to you, because you expect that you will be a partner in the dominion +of Antonius. And there you make a two-fold mistake: first of all, in +preferring your own to the general interest; and in the next place, in +thinking that there is anything either stable or pleasant in kingly +power. Even if it has before now been advantageous to you, it will not +always be so. Moreover, you used to complain of that former master, +who was a man; what do you think you will do when your master is a +beast? And you say that you are a man who have always been desirous +of peace, and have always wished for the preservation of all the +citizens. Very honest language; that is, if you mean all citizens who +are virtuous, and useful, and serviceable to the republic; but if you +wish those who are by nature citizens, but by inclination enemies, to +be saved, what difference is there between you and them? Your father, +indeed, with whom I as a youth was acquainted, when he was an old man, +--a man of rigid virtue and wisdom,--used to give the greatest praise +of all citizens who had ever lived to Publius Nasica, who slew +Tiberius Gracchus. By his valour, and wisdom, and magnanimity he +thought that the republic had been saved. What am I to say? Have +we received any other doctrine from our fathers? Therefore, that +citizen--if you had lived in those times--would not have been approved +of by you, because he did not wish all the citizens to be safe. +"Because Lucius Opimius the consul has made a speech concerning the +republic, the senators have thus decided on that matter, that Opimius +the consul shall defend the republic." The senate adopted these +measures in words, Opimius followed them up by his arms. Should you +then, if you had lived in those times, have thought him a hasty or a +cruel citizen? or should you have thought Quintus Metellus one, whose +four sons were all men of consular rank? or Publius Lentulus the chief +of the senate, and many other admirable men, who, with Lucius Opimius +the consul, took arms, and pursued Gracchus to the Aventine? and in +the battle which ensued, Lentulus received a severe wound, Gracchus +was plain, and so was Marcus Fulvius, a man of consular rank, and his +two youthful sons. Those men, therefore, are to be blamed; for they +did not wish all the citizens to be safe. + +V. Let us come to instances nearer our own time. The senate entrusted +the defence of the republic to Caius Marius and Lucius Valerius, the +consuls; Lucius Saturninus, a tribune of the people, and Caius Glaucia +the praetor, were slain. On that day, all the Scauri, and Metelli, and +Claudii, and Catuli, and Scaevolae, and Crassi took arms. Do you think +either those consuls or those other most illustrious men deserving of +blame? I myself wished Catiline to perish. Did you who wish every one +to be safe, wish Catiline to be safe? There is this difference, O +Calenus, between my opinion and yours. I wish no citizen to commit +such crimes as deserve to be punished with death. You think that, even +if he has committed them, still he ought to be saved. If there is +anything in our own body which is injurious to the rest of the body, +we allow that to be burnt and cut out, in order that a limb may be +lost in preference to the whole body. And so in the body of the +republic, whatever is rotten must be cut off in order that the whole +may be saved. Harsh language! This is much more harsh, "Let the +worthless, and wicked and impious be saved, let the innocent, the +honourable, the virtuous, the whole republic be destroyed." In the +case of one individual, O Quintus Fufius, I confess that you saw more +than I did. I thought Publius Clodius a mischievous, wicked, lustful, +impious, audacious, criminal citizen. You, on the other hand, called +him religious, temperate, innocent, modest; a citizen to be preserved +and desired. In this one particular I admit that you had great +discernment, and that I made a great mistake. For as for your saying +that I am in the habit of arguing against you with ill-temper, that +is not the case. I confess that I argue with vehemence, but not with +ill-temper. I am not in the habit of getting angry with my friends +every now and then, not even if they deserve it. Therefore, I can +differ from you without using any insulting language, though not +without feeling the greatest grief of mind. For is the dissension +between you and me a trifling one, or on a trifling subject? Is it +merely a case of my favouring this man, and you that man? Yes; I +indeed favour Decimus Brutus, you favour Marcus Antonius; I wish a +colony of the Roman people to be preserved, you are anxious that it +should be stormed and destroyed. + +VI. Can you deny this, when you interpose every sort of delay +calculated to weaken Brutus, and to improve the position of Antonius? +For how long will you keep on saying that you are desirous of peace? +Matters are progressing rapidly; the works have been carried on; +severe battles are taking place. We sent three chief men of the city +to interpose. Antonius has despised, rejected, and repudiated them. +And still you continue a persevering defender of Antonius. And +Calenus, indeed, in order that he may appear a more conscientious +senator, says that he ought not to be a friend to him; since, though +Antonius was under great obligations to him, he still had acted +against him. See how great is his affection for his country. Though he +is angry with the individual, still he defends Antonius for the sake +of his country. + +When you are so bitter, O Quintus Fufius, against the people of +Marseilles, I cannot listen to you with calmness. For how long are you +going to attack Marseilles? Does not even a triumph put an end to +the war? in which was carried an image of that city, without whose +assistance our forefathers never triumphed over the Transalpine +nations. Then, indeed, did the Roman people groan. Although they had +their own private griefs because of their own affairs, still there +was no citizen who thought the miseries of this most loyal city +unconnected with himself. Caesar himself, who had been the most +angry of all men with them, still, on account of the unusually high +character and loyalty of that city, was every day relaxing something +of his displeasure. And is there no extent of calamity by which so +faithful a city can satiate you? Again, perhaps, you will say that I +am losing my temper. But I am speaking without passion, as I always +do, though not without great indignation. I think that no man can be +an enemy to that city, who is a friend to this one. What your object +is, O Calenus, I cannot imagine. Formerly we were unable to deter you +from devoting yourself to the gratification of the people; now we are +unable to prevail on you to show any regard for their interests. I +have argued long enough with Fufius, saying everything without hatred, +but nothing without indignation. But I suppose that a man who can bear +the complaint of his son in law with indifference, will bear that of +his friend with great equanimity. + +VII. I come now to the rest of the men of consular rank of whom there +is no one, (I say this on my own responsibility,) who is not connected +with me in some way or other by kindnesses conferred or received, some +in a great, some in a moderate degree, but everyone to some extent or +other. What a disgraceful day was yesterday to us! to us consulars, I +mean. Are we to send ambassadors again? What? would he make a truce? +Before the very face and eyes of the ambassadors he battered Mutina +with his engines. He displayed his works and his defences to the +ambassadors. The siege was not allowed one moment's breathing time, +not even while the ambassadors should be present. Send ambassadors to +this man! What for? in order to have great fears for their return? +In truth, though on the previous occasion I had voted against +the ambassadors being decreed, still I consoled myself with this +reflection, that, when they had returned from Antonius despised and +rejected, and had reported to the senate not merely that he had not +withdrawn from Gaul, as we had voted that he should, but that he had +not even retired from before Mutma, and that they had not been allowed +to proceed on to Decimus Brutus, all men would be inflamed with hatred +and stimulated by indignation, so that we should reinforce Decimus +Brutus with arms, and horses, and men. But we have become even more +languid since we have become acquainted with, not only the audacity +and wickedness of Antonius, but also with his indolence and pride. +Would that Lucius Caesar were in health, that Servius Sulpicius were +alive. This cause would be pleaded much better by these men, than it +is now by me single handed. What I am going to say I say with grief, +rather than by way of insult. We have been deserted--we have, I say, +been deserted, O conscript fathers, by our chiefs. But, as I have +often said before, all those who in a time of such danger have +proper and courageous sentiments shall be men of consular rank. The +ambassadors ought to have brought us back courage, they have brought +us back fear. Not, indeed, that they have caused me any fear--let them +have as high an opinion as they please of the man to whom they were +sent; from whom they have even brought back commands to us. + +VIII. O ye immortal gods! where are the habits and virtues of our +forefathers? Caius Popillius, in the time of our ancestors, when he +had been sent as ambassador to Antiochus the king, and had given him +notice, in the words of the senate, to depart from Alexandria, which +he was besieging, on the kings seeking to delay giving his answer, +drew a line round him where he was standing with his rod, and stated +that he should report him to the senate if he did not answer him as +to what he intended to do before he moved out of that line which +surrounded him. He did well for he had brought with him the +countenance of the senate and the authority of the Roman people, and +if a man does not obey that, we are not to receive commands from him +in return, but he is to be utterly rejected. Am I to receive commands +from a man who despises the commands of the senate? Or am I to think +that he has anything in common with the senate, who besieges a general +of the Roman people in spite of the prohibition of the senate? But +what commands they are! With what arrogance, with what stupidity, +with what insolence are they conceived! But what made him charge our +ambassadors with them when he was sending Cotyla to us, the ornament +and bulwark of his friends, a man of aedilitian rank? if, indeed, he +really was an aedile at the time when the public slaves flogged him +with thongs at a banquet by command of Antonius. + +But what modest commands they are! We must be non-hearted men, +O conscript fathers, to deny anything to this man! "I give up both +provinces," says he, "I disband my army, I am willing to become a +private individual." For these are his very words. He seems to +be coming to himself. "I am willing to forget everything, to be +reconciled to everybody." But what does he add? "If you give booty and +land to my six legions, to my cavalry, and to my praetorian cohort." +He even demands rewards for those men for whom, if he were to demand +pardon, he would be thought the most impudent of men. He adds further, +"Those men to whom the lands have been given which he himself and +Dolabella distributed, are to retain them." This is the Campanian +and Leontine district, both which our ancestors considered a certain +resource in times of scarcity. + +IX. He is protecting the interests of his buffoons and gamesters and +pimps. He is protecting Capho's and Sasu's interests too, pugnacious +and muscular centurions, whom he placed among his troops of male and +female buffoons. Besides all this, he demands "that the decrees of +himself and his colleague concerning Caesar's writings and memoranda +are to stand." Why is he so anxious that every one should have what he +has bought, if he who sold it all has the price which he received for +it? "And that his accounts of the money in the temple of Ops are not +to be meddled with." That is to say, that those seven hundred millions +of sesterces are not to be recovered from him. "That the septemviri +are to be exempt from blame or from prosecution for what they have +done." It was Nucula, I imagine, who put him in mind of that, he was +afraid, perhaps, of losing so many clients. He also wishes to make +stipulations in favour of "those men who are with him who may have +done anything against the laws." He is here taking care of Mustela and +Tiro, he is not anxious about himself. For what has he done? has he +ever touched the public money, or murdered a man, or had armed men +about him? But what reason has he for taking so much trouble about +them? For he demands, "that his own judiciary law be not abrogated." +And if he obtains that, what is there that he can fear? can he be +afraid that any one of his friends may be convicted by Cydas, or +Lysiades, or Curius? However, he does not press us with many more +demands. "I give up," says he, "Gallia Togata; I demand Gallia +Comata"[41]--he evidently wishes to be quite at his ease--'with six +legions, and those made up to their full complement out of the army +of Decimus Brutus,--not only out of the troops whom he has enlisted +himself; "and he is to keep possession of it as long as Marcus Brutus +and Carus Cassius, as consuls, or as proconsuls, keep possession of +their provinces." In the comitia held by him, his brother Carus (for +it is his year) has already been repulsed. "And I myself," says he, +"am to retain possession of my province five years." But that is +expressly forbidden by the law of Caesar, and you defend the acts of +Caesar. + +X. Were you, O Lucius Piso, and you, O Lucius Philippus, you chiefs +of the city, able, I will not say to endure in your minds but even to +listen with your ears to these commands of his? But, I suspect there +was some alarm at work, nor, while in his power, could you feel as +ambassadors, or as men of consular rank, nor could you maintain our +own dignity, or that of the republic. And nevertheless, somehow or +other, owing to some philosophy, I suppose, you did what I could not +have done,--you returned without any very angry feelings. Marcus +Antonius paid you no respect, though you were most illustrious men, +ambassadors of the Roman people. As for us, what concessions did not +we make to Cotyla the ambassador of Marcus Antonius? though it was +against the law for even the gates of the city to be opened to him, +yet even this temple was opened to him. He was allowed to enter the +senate, here yesterday he was taking down our opinions and every word +we said in his note books, and men who had been preferred to the +highest honours sold themselves to him in utter disregard of their own +dignity. + +O ye immortal gods! how great an enterprise is it to uphold the +character of a leader in the republic, for it requires one to be +influenced not merely by the thoughts but also by the eyes of the +citizens. To take to one's house the ambassador of an enemy, to admit +him to one's chamber, even to confer apart with him, is the act of a +man who thinks nothing of his dignity, and too much of his danger. But +what is danger? For if one is engaged in a contest where everything is +at stake, either liberty is assured to one if victorious, or death +if defeated, the former of which alternatives is desirable, and the +latter some time or other inevitable. But a base flight from death +is worse than any imaginable death. For I will never be induced to +believe that there are men who envy the consistency or diligence of +others, and who are indignant at the unceasing desire to assist the +republic being approved by the senate and people of Rome. That is what +we were all bound to do, and that was not only in the time of our +ancestors, but even lately, the highest praise of men of consular +rank, to be vigilant, to be anxious, to be always either thinking, or +doing, or saying something to promote the interests of the republic. + +I, O conscript fathers, recollect that Quintus Scaevola the augur, in +the Marsic war, when he was a man of extreme old age, and quite broken +down in constitution, every day, as soon as it was daylight, used to +give every one an opportunity of consulting him, nor, throughout all +that war, did any one ever see him in bed, and, though old and weak, +he was the first man to come into the senate house. I wish, above all +things, that those who ought to do so would imitate his industry, +and, next to that, I wish that they would not envy the exertions of +another. + +XI. In truth, O conscript fathers, now we have begun to entertain +hopes of liberty again, after a period of six years, during which we +have been deprived of it, having endured slavery longer than prudent +and industrious prisoners usually do, what watchfulness, what anxiety, +what exertions ought we to shrink from, for the sake of delivering the +Roman people? In truth, O conscript fathers, though men who have had +the honours conferred on them that we have, usually wear their gowns, +while the rest of the city is in the robe of war, still I decided that +at such a momentous crisis, and when the whole republic was in so +disturbed a state, we would not differ in our dress from you and the +rest of the citizens. For we men of consular rank are not in this war +conducting ourselves in such a manner that the Roman people will be +likely to look with equanimity on the ensigns of our honour, when some +of us are so cowardly as to have cast away all recollection of the +kindnesses which they have received from the Roman people, some are so +disaffected to the republic that they openly allege that they favour +this enemy, and easily bear having our ambassadors despised and +insulted by Antonius, while they wish to support the ambassador sent +by Antonius. For they said that he ought not to be prevented +from returning to Antonius, and they proposed an amendment to my +proposition of not receiving him. Well, I will submit to them. Let +Varius return to his general, but on condition that he never returns +to Rome. And as to the others, if they abandon their errors and return +to their duty to the republic, I think they may be pardoned and left +unpunished. + +Therefore, I give my vote, "That of those men who are with Marcus +Antonius, those who abandon his army, and come over either to Caius +Pansa or Aulus Hirtius the consuls; or to Decimus Brutus, imperator +and consul elect, or to Caius Caesar, propraetor, before the first of +March next, shall not be liable to prosecution for having been with +Antonius. That, if any one of those men who are now with Antonius +shall do anything which appears entitled to honour or to reward, Caius +Pansa and Aulus Hirtius the consuls, one or both of them, shall, if +they think fit, make a motion to the senate respecting that man's +honour or reward, at the earliest opportunity. That, if, after this +resolution of the senate, any one shall go to Antonius except Lucius +Varius, the senate will consider that that man has acted as an enemy +to the republic." + + * * * * * + + + + +THE NINTH ORATION OF M.T. CICERO AGAINST MARCUS ANTONIUS. CALLED ALSO +THE NINTH PHILIPPIO. + + +THE ARGUMENT. + + +Servius Sulpicius, as has been already said, had died on his embassy +to Marcus Antonius, before Mutina; and the day after the delivery +of the preceding speech, Pansa again called the senate together +to deliberate on the honours to be paid to his memory. He himself +proposed a public funeral, a sepulchre, and a statue. Servilius +opposed the statue, as due only to those who had been slain by +violence while in discharge of their duties as ambassadors. Cicero +delivered the following oration in support of Pansa's proposition, +which was carried.[42] + +I. I wish, O conscript fathers, that the immortal gods had granted to +us to return thanks to Servius Sulpicius while alive, rather than thus +to devise honours for him now that he is dead. Nor have I any doubt, +but that if that man had been able himself to give us his report of +the proceedings of his embassy, his return would have been acceptable +to you and salutary to the republic. Not that either Lucius Piso or +Lucius Philippus have been deficient in either zeal or care in the +performance of so important a duty and so grave a commission; but, as +Servius Sulpicius was superior in age to them, and in wisdom to every +one, he, being suddenly taken from the business, left the whole +embassy crippled and enfeebled. + +But if deserved honours have been paid to any ambassador after death, +there is no one by whom they can be found to have been ever more fully +deserved than by Servius Sulpicius. The rest of those men who have +died while engaged on an embassy, have gone forth, subject indeed to +the usual uncertainties of life, but without any especial danger or +fear of death. Servius Sulpicius set out with some hope indeed of +reaching Antonius, but with none of returning. But though he was so +very ill that if any exertion were added to his bad state of health, +he would have no hope of himself, still he did not refuse to try, +even while at his last gasp, to be of some service to the republic. +Therefore neither the severity of the winter, nor the snow, nor the +length of the journey, nor the badness of the roads, nor his daily +increasing illness, delayed him. And when he had arrived where he +might meet and confer with the man to whom he had been sent, he +departed this life in the midst of his care and consideration as to +how he might best discharge the duty which he had undertaken. + +As therefore, O Caius Pansa, you have done well in other respects, so +you have acted admirably in exhorting us this day to pay honour to +Servius Sulpicius, and in yourself making an eloquent oration in his +praise. And after the speech which we have heard from you, I should +have been content to say nothing beyond barely giving my vote, if I +did not think it necessary to reply to Publius Servilius, who has +declared his opinion that this honour of a statue ought to be +granted to no one who has not been actually slain with a sword while +performing the duties of his embassy. But I, O conscript fathers, +consider that this was the feeling of our ancestors, that they +considered that it was the cause of death, and not the manner of it, +which was a proper subject for inquiry. In fact, they thought fit that +a monument should be erected to any man whose death was caused by an +embassy, in order to tempt men in perilous wars to be the more bold +in undertaking the office of an ambassador. What we ought to do, +therefore, is, not to scrutinise the precedents afforded by our +ancestors, but to explain their intentions from which the precedents +themselves arose. + +II. Lar Tolumnius, the king of Veii, slew four ambassadors of the +Roman people, at Fidenae, whose statues were standing in the rostra +till within my recollection. The honour was well deserved. For our +ancestors gave those men who had encountered death in the cause of the +republic an imperishable memory in exchange for this transitory life. +We see in the rostra the statue of Cnaeus Octavius, an illustrious and +great man, the first man who brought the consulship into that family, +which afterwards abounded in illustrious men. There was no one then +who envied him, because he was a new man; there was no one who did not +honour his virtue. But yet the embassy of Octavius was one in which +there was no suspicion of danger. For having been sent by the senate +to investigate the dispositions of kings and of free nations, and +especially to forbid the grandson of king Antiochus, the one who had +carried on war against our forefathers, to maintain fleets and to keep +elephants, he was slain at Laodicea, in the gymnasium, by a man of the +name of Leptines. On this a statue was given to him by our ancestors +as a recompense for his life, which might ennoble his progeny for many +years, and which is now the only memorial left of so illustrious a +family. But in his case, and in that of Tullus Cluvius,[43] and Lucius +Roseius, and Spurius Antius, and Caius Fulcinius, who were slain by +the king of Veii, it was not the blood that was shed at their death, +but the death itself which was encountered in the service of the +republic, which was the cause of their being thus honoured. + +III. Therefore, O conscript fathers, if it had been chance which had +caused the death of Servius Sulpicius, I should sorrow indeed over +such a loss to the republic, but I should consider him deserving of +the honour, not of a monument, but of a public mourning. But, as it +is, who is there who doubts that it was the embassy itself which +caused his death? For he took death away with him; though, if he +had remained among us, his own care, and the attention of his most +excellent son and his most faithful wife, might have warded it off. +But he, as he saw that, if he did not obey your authority, he should +not be acting like himself; but that if he did obey, then that duty, +undertaken, for the welfare of the republic, would be the end of his +life; preferred dying at a most critical period of the republic, to +appearing to have done less service to the republic than he might have +done. + +He had an opportunity of recruiting his strength and taking care of +himself in many cities through which his journey lay. He was met by +the liberal invitation of many entertainers as his dignity deserved, +and the men too who were sent with him exhorted him to take rest, and +to think of his own health. But he, refusing all delay, hastening +on eager to perform your commands, persevered in this his constant +purpose, in spite of the hindrances of his illness And as Antonius was +above all things disturbed by his arrival, because the commands which +were laid upon him by your orders had been drawn up by the authority +and wisdom of Servius Sulpicius, he showed plainly how he hated the +senate by the evident joy which he displaced at the death of the +adviser of the senate. + +Leptines then did not kill Octavius, nor did the king of Veii slay +those whom I have just named, more clearly than Antonius killed +Servius Sulpicius. Surely he brought the man death, who was the cause +of his death. Wherefore, I think it of consequence, in order that +posterity may recollect it, that there should be a record of what the +judgment of the senate was concerning this war. For the statue itself +will be a witness that the war was so serious an one, that the death +of an ambassador in it gained the honour of an imperishable memorial. + +IV. But if, O conscript fathers, you would only recollect the excuses +alleged by Servius Sulpicius why he should not be appointed to this +embassy, then no doubt will be left on your minds that we ought to +repair by the honour paid to the dead the injury which we did to him +while living. For it is you, O conscript fathers (it is a grave charge +to make, but it must be uttered,) it is you, I say, who have deprived +Servius Sulpicius of life. For when you saw him pleading his illness +as an excuse more by the truth of the fact than by any laboured plea +of words, you were not indeed cruel, (for what can be more impossible +for this order to be guilty of than that,) but as you hoped that +there was nothing that could not be accomplished by his authority and +wisdom, you opposed his excuse with great earnestness, and compelled +the man, who had always thought your decisions of the greatest weight, +to abandon his own opinion. But when there was added the exhortation +of Pansa, the consul, delivered with more weight than the ears of +Servius Sulpicius had learnt to resist, then at last he led me and his +own son aside, and said that he was bound to prefer your authority to +his own life. And we, admiring his virtue, did not dare to oppose +his determination. His son was moved with extraordinary piety and +affection, and my own grief did not fall far short of his agitation, +but each of us was compelled to yield to his greatness of mind, and to +the dignity of his language, when he, indeed, amid the loud praises +and congratulations of you all, promised to do whatever you wished, +and not to avoid the danger which might be inclined by the adoption of +the opinion of which he himself had been the author. And we the next +day escorted him early in the morning as he hastened forth to execute +your commands. And he, in truth, when departing, spoke with me in such +a manner that his language seemed like an omen of his fate. + +V. Restore then, O conscript fathers, life to him from whom you have +taken it. For the life of the dead consists in the recollection +cherished of them by the living. Take ye care that he, whom you +without intending it sent to his death, shall from you receive +immortality. And if you by your decree erect a statue to him in the +rostia, no forgetfulness of posterity will ever obscure the memory of +his embassy. For the remainder of the life of Servius Sulpicius will +be recommended to the eternal recollection of all men by many and +splendid memorials. The praise of all mortals will for ever celebrate +his wisdom, his firmness, his loyalty, his admirable vigilance and +prudence in upholding the interests of the public. Nor will that +admirable, and incredible, and almost godlike skill of his in +interpreting the laws and explaining the principles of equity be +buried in silence. If all the men of all ages, who have ever had any +acquaintance with the law in this city, were got together into one +place, they would not deserve to be compared to Servius Sulpicius. +Nor was he more skilful in explaining the law than in laying down the +principles of justice. Those maxims which were derived from laws and +from the common law, he constantly referred to the original principles +of kindness and equity. Nor was he more fond of arranging the conduct +of law-suits than of preventing disputes altogether. Therefore he is +not in want of this memorial which a statue will provide; he has +other and better ones. For this statue will be only a witness of his +honourable death; those actions will be the memorial of his glorious +life. So that this will be rather a monument of the gratitude of the +senate, than of the glory of the man. + +The affection of the son, too, will appear to have great influence in +moving us to honour the father; for although, being overwhelmed with +grief, he is not present, still you ought to be animated with the same +feelings as if he were present. But he is in such distress, that no +father ever sorrowed more over the loss of an only son than he grieves +for the death of his father. Indeed, I think that it concerns also the +fame of Servius Sulpicius the son, that he should appear to have paid +all due respect to his father. Although Servius Sulpicius could leave +no nobler monument behind him than his son, the image of his own +manners, and virtues, and wisdom, and piety, and genius; whose grief +can either be alleviated by this honour paid to his father by you, or +by no consolation at all. + +VI. But when I recollect the many conversations which in the days of +our intimacy on earth I have had with Servius Sulpicius, it appears +to me, that if there be any feeling in the dead, a brazen statue, and +that too a pedestrian one, will be more acceptable to him than a gilt +equestrian one, such as was first erected to Lucius Sylla. For Servius +was wonderfully attached to the moderation of our forefathers, and was +accustomed to reprove the insolence of this age. As if, therefore, I +were able to consult himself as to what he would wish, so I give my +vote for a pedestrian statue of brass, as if I were speaking by his +authority and inclination; which by the honour of the memorial +will diminish and mitigate the great grief and regret of his +fellow-citizens. And it is certain that this my opinion, O conscript +fathers, will be approved of by the opinion of Publius Servilius, who +has given his vote that a sepulchre be publicly decreed to Servius +Sulpicius, but has voted against the statue. For if the death of +an ambassador happening without bloodshed and violence requires no +honour, why does he vote for the honour of a public funeral, which is +the greatest honour that can be paid to a dead man! If he grants that +to Servius Sulpicius which was not given to Cnaeus Octavius, why does +he think that we ought not to give to the former what was given to the +latter? Our ancestors, indeed, decreed statues to many men; public +sepulchres to few. But statues perish by weather, by violence, by +lapse of time; but the sanctity of the sepulchres is in the soil +itself, which can neither be moved nor destroyed by any violence; and +while other things are extinguished, so sepulchres become holier by +age. + +Let, then, that man be distinguished by that honour also, a man to +whom no honour can be given which is not deserved. Let us be grateful +in paying respect in death to him to whom we can now show no other +gratitude. And by that same step let the audacity of Marcus Antonius, +waging a nefarious war, be branded with infamy. For when these honours +have been paid to Servius Sulpicius, the evidence of his embassy +having been insulted and rejected by Antonius will remain for +everlasting. + +VII. On which account I give my vote for a decree in this form: 'As +Servius Sulpicius Rufus, the son of Quintus, of the Lemonian tribe, +at a most critical period of the republic, and being ill with a very +serious and dangerous disease, preferred the authority of the senate +and the safety of the republic to his own life, and struggled against +the violence and severity of his illness, in order to arrive at the +camp of Antonius, to which the senate had sent him; and as he when he +had almost arrived at the camp, being overwhelmed by the violence of +the disease, has lost his life in discharging a most important office +of the republic; and as his death has been in strict correspondence to +a life passed with the greatest integrity and honour, during which he, +Servius Sulpicius, has often been of great service to the republic, +both as a private individual and in the discharge of various +magistracies; and as he, being such a man, has encountered death on +behalf of the republic while employed on an embassy;--the senate +decrees that a brazen pedestrian statue of Servius Sulpicius be +erected in the rostra in compliance with the resolution of this order, +and that his children and posterity shall have a place round this +statue of five feet in every direction, from which to behold the +games and gladiatorial combats, because he died in the cause of the +republic; and that this reason be inscribed on the pedestal of the +statue; and that Carus Pansa and Aulus Hirtius the consuls, one or +both of them, if it seem good to them, shall command the quaestors +of the city to let out a contract for making that pedestal and that +statue, and erecting them in the rostra; and that whatever price they +contract for, they shall take care the amount is given and paid to the +contractor, and as in old times the senate has exerted its authority +with respect to the obsequies of, and honours paid to brave men, it +now decrees that he shall be carried to the tomb on the day of his +funeral with the greatest possible solemnity. And as Servius Sulpicius +Rufus, the son of Quintus of the Lemonian tribe, has deserved so well +of the republic as to be entitled to be complimented with all those +distinctions, the senate is of opinion, and thinks it for the +advantage of the republic, that the consule aedile should suspend the +edict which usually prevails with respect to funerals in the case of +the funeral of Servius Sulpicius Rufus, the son of Quintus of the +Lemonian tribe, and that Carus Pansa, the consul, shall assign him a +place for a tomb in the Esquiline plain, or in whatever place shall +seem good to him extending thirty feet in every direction, where +Servius Sulpicius may be buried, and that that shall be his tomb, +and that of his children and posterity, as having been a tomb most +deservedly given to them by the public authority. + + + + +THE TENTH ORATION OF M.T. CICERO AGAINST MARCUS ANTONIUS. CALLED ALSO +THE TENTH PHILIPPIC. + + +THE ARGUMENT + + +Soon after the delivery of the last speech, despatches were received +from Brutus by the consuls, giving an account of his success against +Carus Antonius in Macedonia, stating that he had secured Macedonia, +Illyricum, and Greece with the armies in those countries, that Carus +Antonius had retired to Apollonia with seven cohorts, that a legion +under Lucius Piso had surrendered to young Cicero, who was commanding +his cavalry, that Dolabella's cavalry had deserted to him, and that +Vatinius had surrendered Dyrrachium and its garrison to him. He +likewise praised Quintus Hortensius, the proconsul of Macedonia, as +having assisted him in gaining over the Grecian provinces and the +armies in those districts. + +As soon as Pansa received the despatches, he summoned the senate to +have them read, and in a set speech greatly extolled Brutus, and moved +a vote of thanks to him but Calenus, who followed him, declared his +opinion, that as Brutus had acted without any public commission or +authority he should be required to give up his army to the proper +governors of the provinces, or to whoever the senate should appoint +to receive it. After he had sat down, Cicero rose, and delivered the +following speech. + +I. We all, O Pansa, ought both to feel and to show the greatest +gratitude to you, who--though we did not expect that you would hold +any senate to day,--the moment that you received the letters of Marcus +Brutus, that most excellent citizen, did not interpose even the +slightest delay to our enjoying the most excessive delight and mutual +congratulation at the earliest opportunity. And not only ought this +action of yours to be grateful to us all, but also the speech which +you addressed to us after the letters had been read. For you showed +plainly, that that was true which I have always felt to be so, that +no one envied the virtue of another who was confident of his own. +Therefore I, who have been connected with Brutus by many mutual good +offices and by the greatest intimacy, need not say so much concerning +him for the part that I had marked out for myself your speech has +anticipated me in. But, O conscript fathers, the opinion delivered by +the man who was asked for his vote before me, has imposed upon me the +necessity of saying rather more than I otherwise should have said, and +I differ from him so repeatedly at present, that I am afraid (what +certainly ought not to be the case) that our continual disagreement +may appear to diminish our friendship. + +What can be the meaning of this argument of yours, O Calenus? what can +be your intention? How is it that you have never once since the first +of January been of the same opinion with him who asks you your opinion +first? How is it that the senate has never yet been so full as to +enable you to find one single person to agree with your sentiments? +Why are you always defending men who in no point resemble you? why, +when both your life and your fortune invite you to tranquillity and +dignity, do you approve of those measures, and defend those measures, +and declare those sentiments, which are adverse both to the general +tranquillity and to your own individual dignity? + +II. For to say nothing of former speeches of yours, at all events +I cannot pass over in silence this which excites my most especial +wonder. What war is there between you and the Bruti? Why do you alone +attack those men whom we are all bound almost to worship? Why are you +not indignant at one of them being besieged, and why do you--as far +as your vote goes--strip the other of those troops which by his own +exertions and by his own danger he has got together by himself, +without any one to assist him, for the protection of the republic, not +for himself? What is your meaning in this? What are your intentions? +Is it possible that you should not approve of the Bruti, and should +approve of Antonius? that you should hate those men whom every one +else considers most dear? and that you should love with the greatest +constancy those whom every one else hates most bitterly? You have a +most ample fortune, you are in the highest rank of honour, your son, +as I both hear and hope is born to glory,--a youth whom I favour not +only for the sake of the republic, but for your sake also. I ask, +therefore, would you rather have him like Brutus or like Antonius? and +I will let you choose whichever of the three Antonii you please. God +forbid! you will say. Why, then, do you not favour those men and +praise those men whom you wish your own son to resemble? For by so +doing you will be both consulting the interests of the republic, and +proposing him an example for his imitation. + +But in this instance, I hope, O Quintus Fufius, to be allowed to +expostulate with you, as a senator who greatly differs from you, +without any prejudice to our friendship. For you spoke in this matter, +and that too from a written paper, for I should think you had made +a slip from want of some appropriate expression, if I were not +acquainted with your ability in speaking. You said "that the letters +of Brutus appeared properly and regularly expressed." What else is +this than praising Brutus's secretary, not Brutus? You both ought to +have great experience in the affairs of the republic, and you have. +When did you ever see a decree framed in this manner? or in what +resolution of the senate passed on such occasions, (and they are +innumerable,) did you ever hear of its being decreed that the letters +had been well drawn up? And that expression did not--as is often the +case with other men--fall from you by chance, but you brought it with +you written down, deliberated on, and carefully meditated on. + +III. If any one could take from you this habit of disparaging good men +on almost every occasion, then what qualities would not be left to +you which every one would desire for himself? Do, then, recollect +yourself, do at last soften and quiet that disposition of yours, do +take the advice of good men, with many of whom you are intimate, do +converse with that wisest of men, your own son in-law, oftener than +with yourself, and then you will obtain the name of a man of the very +highest character. Do you think it a matter of no consequence, (it +is a matter in which I, out of the friendship which I feel you, +constantly grieve in your stead,) that this should be commonly said +out of doors, and should be a common topic of conversation among the +Roman people, that the man who delivered his opinion first did not +find a single person to agree with him? And that I think will be the +case to day. + +You propose to take the legions away from Brutus--which legions? Why, +those which he has gained over from the wickedness of Caius Antonius, +and has by his own authority gained over to the republic. Do you wish +then that he should again appear to be the only person stripped of his +authority, and as it were banished by the senate? And you, O conscript +fathers, if you abandon and betray Marcus Brutus, what citizen in the +world will you ever distinguish? Whom will you ever favour? Unless, +indeed, you think that those men who put a diadem on a man's head +deserve to be preserved, and those who have abolished the very name of +kingly power deserve to be abandoned. And of this divine and immortal +glory of Marcus Brutus I will say no more, it is already embalmed in +the grateful recollection of all the citizens, but it has not yet been +sanctioned by any formal act of public authority. Such patience! O ye +good gods! such moderation! such tranquillity and submission under +injury! A man who, while he was praetor of the city, was driven from +the city, was prevented from sitting as judge in legal proceedings, +when it was he who had restored all law to the republic, and, though +he might have been hedged round by the daily concourse of all virtuous +men, who were constantly flocking round him in marvellous numbers, he +preferred to be defended in his absence by the judgment of the good, +to being present and protected by their force,--who was not even +present to celebrate the games to Apollo, which had been prepared in +a manner suitable to his own dignity and to that of the Roman people, +lest he should open any road to the audacity of most wicked men. + +IV. Although, what games or what days were ever more joyful than those +on which at every verse that the actor uttered, the Roman people did +honour to the memory of Brutus, with loud shouts of applause? The +person of their liberator was absent, the recollection of their +liberty was present, in which the appearance of Brutus himself seemed +to be visible. But the man himself I beheld on those very days of the +games, in the country-house of a most illustrious young man, Lucullus, +his relation, thinking of nothing but the peace and concord of the +citizens. I saw him again afterwards at Veha, departing from Italy, in +order that there might be no pretext for civil war on his account. Oh +what a sight was that! grievous, not only to men but to the very waves +and shores. That its saviour should be departing from his country, +that its destroyers should be remaining in their country! The fleet +of Cassius followed a few days afterwards, so that I was ashamed O +conscript fathers, to return into the city from which those men were +departing. But the design with which I returned you heard at the +beginning, and since that you have known by experience. Brutus, +therefore, bided his time. For, as long as he saw you endure +everything, he himself behaved with incredible patience, after that +he saw you roused to a desire of liberty, he prepared the means to +protect you in your liberty. + +But what a pest, and how great a pest was it which he resisted? For +if Caius Antonius had been able to accomplish what he intended in his +mind, (and he would have been able to do so if the virtue of Marcus +Brutus had not opposed his wickedness,) we should have lost Macedonia, +Illyricum, and Greece. Greece would have been a refuge for Antonius if +defeated, or a support to him in attacking Italy, which at present, +being not only arrayed in arms, but embellished by the military +command and authority and troops of Marcus Brutus stretches out her +right hand to Italy, and promises it her protection. And the man who +proposes to deprive him of his army, is taking away a most illustrious +honour, and a most trustworthy guard from the republic. I wish, +indeed, that Antonius may hear this news as speedily as possible, +so that he may understand that it is not Decimus Brutus whom he is +surrounding with his ramparts, but he himself who is really hemmed in. + +V. He possesses three towns only on the whole face of the earth. He +has Gaul most bitterly hostile to him, he has even those men the +people beyond the Po, in whom he placed the greatest reliance, +entirely alienated from him, all Italy is his enemy. Foreign nations, +from the nearest coast of Greece to Egypt, are occupied by the +military command and armies of most virtuous and intrepid citizens. +His only hope was in Caius Antonius; who being in age the middle one +between his two brothers, rivalled both of them in vices. He hastened +away as if he were being driven away by the senate into Macedonia, not +as if he were prohibited from proceeding thither. What a storm, O +ye immortal gods! what a conflagration! what a devastation! what a +pestilence to Greece would that man have been, if incredible and +godlike virtue had not checked the enterprise and audacity of that +frantic man. What promptness was there in Brutus's conduct! what +prudence! what valour! Although the rapidity of the movement of Caius +Antonius also is not despicable; for if some vacant inheritance had +not delayed him on his march, you might have said that he had flown +rather than travelled. When we desire other men to go forth to +undertake any public business, we are scarcely able to get them out +of the city; but we have driven this man out by the mere fact of our +desiring to retain him. But what business had he with Apollonia? what +business had he with Dyrrachium? or with Illyricum? What had he to +do with the army of Publius Vatinius, our general? He, as he said +himself, was the successor of Hortensius. The boundaries of Macedonia +are well defined; the condition of the proconsul is well known; the +amount of his army, if he has any at all, is fixed. But what had +Antonius to do at all with Illyricum and with the legions of Vatinius? + +But Brutus had nothing to do with them either. For that, perhaps, is +what some worthless man may say. All the legions, all the forces which +exist anywhere, belong to the Roman people. Nor shall those legions +which have quitted Marcus Antonius be called the legions of Antonius +rather than of the republic; for he loses all power over his army, and +all the privileges of military command, who uses that military command +and that army to attack the republic. + +VI. But if the republic itself could give a decision, or if all rights +were established by its decrees, would it adjudge the legions of +the Roman people to Antonius or to Brutus? The one had flown with +precipitation to the plunder and destruction of the allies, in order, +wherever he went, to lay waste, and pillage, and plunder everything, +and to employ the army of the Roman people against the Roman people +itself. The other had laid down this law for himself, that wherever he +came he should appear to come as a sort of light and hope of safety. +Lastly, the one was seeking aids to overturn the republic; the other +to preserve it. Nor, indeed, did we see this more clearly than the +soldiers themselves; from whom so much discernment in judging was not +to have been expected. + +He writes, that Antonius is at Apollonia with seven cohorts, and he is +either by this time taken prisoner, (may the gods grant it!) or, at +all events, like a modest man, he does not come near Macedonia, lest +he should seem to act in opposition to the resolution of the senate. +A levy of troops has been held in Macedonia, by the great zeal and +diligence of Quintus Hortensius; whose admirable courage, worthy both +of himself and of his ancestors, you may clearly perceive from the +letters of Brutus. The legion which Lucius Piso, the lieutenant of +Antonius, commanded, has surrendered itself to Cicero, my own son. +Of the cavalry, which was being led into Syria in two divisions, one +division has left the quaestor who was commanding it, in Thessaly, and +has joined Brutus; and Cnaeus Domitius, a young man of the greatest +virtue and wisdom and firmness, has carried off the other from the +Syrian lieutenant in Macedonia. But Publius Vatinius, who has before +this been deservedly praised by us, and who is justly entitled to +further praise at the present time, has opened the gates of Dyrrachium +to Brutus, and has given him up his army. + +The Roman people then is now in possession of Macedonia, and +Illyricum, and Greece. The legions there are all devoted to us, the +light-armed troops are ours, the cavalry is ours, and, above all, +Brutus is ours, and always will be ours--a man born for the republic, +both by his own most excellent virtues, and also by some especial +destiny of name and family, both on his father's and on his mother's +side. + +VII. Does any one then fear war from this man, who, until we commenced +the war, being compelled to do so, preferred lying unknown in peace to +flourishing in war? Although he, in truth, never did lie unknown, nor +can this expression possibly be applied to such great eminence in +virtue. For he was the object of regret to the state; he was in every +one's mouth, the subject of every one's conversation. But he was so +far removed from an inclination to war, that, though he was burning +with a desire to see Italy free, he preferred being wanting to the +zeal of the citizens, to leading them to put everything to the issue +of war. Therefore, those very men, if there be any such, who find +fault with the slowness of Brutus's movements, nevertheless at the +same time admire his moderation and his patience. + +But I see now what it is they mean: nor, in truth, do they use much +disguise. They say that they are afraid how the veterans may endure +the idea of Brutus having an army. As if there were any difference +between the troops of Aulus Hirtius, of Caius Pansa, of Decimus +Brutus, of Caius Caesar, and this army of Marcus Brutus. For if these +four armies which I have mentioned are praised because they have taken +up arms for the sake of the liberty of the Roman people, what reason +is there why this army of Marcus Brutus should not be classed under +the same head? Oh, but the very name of Marcus Brutus is unpopular +among the veterans.--More than that of Decimus Brutus?--I think not; +for although the action is common to both the Bruti, and although +their share in the glory is equal, still those men who were indignant +at that deed were more angry with Decimus Brutus, because they said, +that it was more improper for it to be executed by him. What now are +all those armies labouring at, except to effect the release of Decimus +Brutus from a siege? And who are the commanders of those armies? Those +men, I suppose, who wish the acts of Caius Caesar to be overturned, +and the cause of the veterans to be betrayed. + +VIII. If Caesar himself were alive, could he, do you imagine, defend +his own acts more vigorously than that most gallant man Hirtius +defends them? or, is it possible that any one should be found more +friendly to the cause than his son? But the one of these, though not +long recovered from a very long attack of a most severe disease, has +applied all the energy and influence which he had to defending the +liberty of those men by whose prayers he considered that he himself +had been recalled from death; the other, stronger in the strength +of his virtue than in that of his age, has set out with those very +veterans to deliver Decimus Brutus. Therefore, those men who are both +the most certain and at the same time the most energetic defenders of +the acts of Caesar, are waging war for the safety of Decimus Brutus; +and they are followed by the veterans. For they see that they must +fight to the uttermost for the freedom of the Roman people, not for +their own advantages. What reason, then, is there why the army of +Marcus Brutus should be an object of suspicion to those men who with +the whole of their energies desire the preservation of Decimus Brutus? + +But, moreover, if there were anything which were to be feared from +Marcus Brutus, would not Pansa perceive it? Or if he did perceive it, +would not he, too, be anxious about it? Who is either more acute in +his conjectures of the future, or more diligent in warding off danger? +But you have already seen his zeal for, and inclination towards Marcus +Brutus. He has already told us in his speech what we ought to decree, +and how we ought to feel with respect to Marcus Brutus. And he was so +far from thinking the army of Marcus Brutus dangerous to the republic, +that he considered it the most important and the most trusty bulwark +of the republic. Either, then, Pansa does not perceive this (no doubt +he is a man of dull intellect), or he disregards it. For he is +clearly not anxious that the acts which Caesar executed should be +ratified,--he, who in compliance with our recommendation is going to +bring forward a bill at the comitia centuriata for sanctioning and +confirming them. + +IX. Let those, then, who have no fear, cease to pretend to be alarmed, +and to be exercising their foresight in the cause of the republic. +And let those who really are afraid of everything, cease to be too +fearful, lest the pretence of the one party and the inactivity of the +other be injurious to us. What, in the name of mischief! is the object +of always opposing the name of the veterans to every good cause? For +even if I were attached to their virtue, as indeed I am, still, if +they were arrogant I should not be able to tolerate their airs. While +we are endeavouring to break the bonds of slavery, shall any one +hinder us by saying that the veterans do not approve of it? For they +are not, I suppose, beyond all counting, who are ready to take up arms +in defence of the common freedom! There is no man, except the veteran +soldiers, who is stimulated by the indignation of a freeman to repel +slavery! Can the republic then stand, relying wholly on veterans, +without a great reinforcement of the youth of the state? Whom, indeed, +you ought to be attached to, if they be assistants to you in the +assertion of your freedom, but whom you ought not to follow if they be +the advisers of slavery. + +Lastly, (let me at last say one true word, one word worthy of +myself!)--if the inclinations of this order are governed by the nod of +the veterans, and if all our words and actions are to be referred to +their will, death is what we should wish for, which has always, in the +minds of Roman citizens, been preferable to slavery. All slavery is +miserable; but some may have been unavoidable. Do you think, then, +that there is never to be a beginning of our endeavours to recover +our freedom? Or, when we would not bear that fortune which was +unavoidable, and which seemed almost as if appointed by destiny, shalt +we tolerate the voluntary bondage? All Italy is burning with a desire +for freedom. The city cannot endure slavery any longer. We have given +this warlike attire and these arms to the Roman people much later than +they have been demanded of us by them. + +X. We have, indeed, undertaken our present course of action with a +great and almost certain hope of liberty. But even if I allow that the +events of war are uncertain, and that the chances of Mars are common +to both sides, still it is worth while to fight for freedom at the +peril of one's life. For life does not consist wholly in breathing, +there is literally no life at all for one who is a slave. All nations +can endure slavery. Our state cannot. Nor is there any other reason +for this, except that those nations shrink from toil and pain, and +are willing to endure anything so long as they may be free from those +evils, but we have been trained and bred up by our forefathers in such +a manner, as to measure all our designs and all our actions by the +standard of dignity and virtue. The recovery of freedom is so splendid +a thing that we must not shun even death when seeking to recover it. +But if immortality were to be the result of our avoidance of present +danger, still slavery would appear still more worthy of being avoided, +in proportion as it is of longer duration. But as all sorts of deaths +surround us on all sides night and day, it does not become a man, +and least of all a Roman, to hesitate to give up to his country that +breath which he owes to nature. + +Men flock together from all quarters to extinguish a general +conflagration. The veterans were the first to follow the authority of +Caesar and to repel the attempts of Antonius, afterwards the Martial +legion checked his frenzy, the fourth legion crushed it. Being thus +condemned by his own legions, he burst into Gaul, which he knew to be +adverse and hostile to him both in word and deed. The armies of Aulus +Hirtius and Caius Caesar pursued him, and afterwards the levies of +Pansa roused the city and all Italy. He is the one enemy of all men. +Although he has with him Lucius his brother, a citizen very much +beloved by the Roman people, the regret for whose absence the city is +unable to endure any longer! What can be more foul than that beast? +what more savage? who appears born for the express purpose of +preventing Marcus Antonius from being the basest of all mortals. They +have with them Trebellius, who, now that all debts are cancelled, is +become reconciled to them, and Titus Plancus, and other like them, +who are striving with all their hearts, and whose sole object is, to +appear to have been restored against the will of the republic. Saxa +and Capho, themselves rustic and clownish men, men who never have +seen and who never wish to see this republic firmly established, are +tampering with the ignorant classes; men who are not upholding the +acts of Caesar but those of Antonius, who are led away by the unlimited +occupation of the Campanian district, and who I marvel are not +somewhat ashamed when they see that they have actors and actresses for +their neighbours. + +XI. Why then should we be displeased that the army of Marcus Brutus is +thrown into the scale to assist us in overwhelming these pests of +the commonwealth? It is the army, I suppose, of an intemperate and +turbulent man. I am more afraid of his being too patient, although in +all the counsels and actions of that man there never has been anything +either too much or too little. The whole inclinations of Marcus +Brutus, O conscript fathers, the whole of his thoughts, the whole of +his ideas, are directed towards the authority of the senate and the +freedom of the Roman people. These are the objects which he proposes +to himself, these are what he desires to uphold. He has tried what he +could do by patience, as he did nothing he has thought it necessary to +encounter force by force. And, O conscript fathers, you ought at this +time to grant him the same honours which on the nineteenth of December +you conferred by my advice on Decimus Brutus and Caius Caesar, whose +designs and conduct in regard to the republic, while they also +were but private individuals, was approved of and praised by your +authority. And you ought to do the same now with respect to Marcus +Brutus, by whom an unhoped for and sudden reinforcement of legions and +cavalry, and numerous and trusty bands of allies, have been provided +for the republic. + +Quintus Hortensius also ought to have a share of your praise, who, +being governor of Macedonia, joined Brutus as a most faithful and +untiring assistant in collecting that army. For I think that a +separate motion ought to be made respecting Marcus Appuleius, to whom +Brutus bears witness in his letters that he has been a prime assistant +to him in his endeavours to get together and equip his army. And since +this is the case, + +"As Caius Pansa the consul has addressed to us a speech concerning +the letters which have been received from Quintus Caepio Brutus,[44] +proconsul, and have been read in this assembly, I give my vote in this +matter thus. + +"Since, by the exertions and wisdom and industry and valour of Quintus +Caepio Brutus, proconsul, at a most critical period of the republic, +the province of Macedonia, and Illyircum, and all Greece, and the +legions and armies and cavalry, have been preserved in obedience to +the consuls and senate and people of Rome, Quintus Caepio Brutus, +proconsul, has acted well, and in a manner advantageous to the +republic and suitable to his own dignity and to that of his ancestors, +and to the principles according to which alone the affairs of the +republic can be properly managed, and that conduct is and will be +grateful to the senate and people of Rome. + +"And moreover, as Quintus Caepio Brutus, proconsul, is occupying and +defending and protecting the province of Macedonia, and Illyricum, and +all Greece, and is preserving them in safety, and as he is in command +of an army which he himself has levied and collected, he is at +liberty, if he has need of any, to exact money for the use of the +military service, which belongs to the public, and can lawfully be +exacted, and to use it, and to borrow money for the exigencies of the +war from whomsoever he thinks fit, and to exact coin, and to endeavour +to approach Italy as near as he can with his forces. And as it has +been understood from the letters of Quintus Caepio Brutus, proconsul, +that the republic has been greatly benefited by the energy and valour +of Quintus Hortensius, proconsul, and that all his counsels have been +in harmony with those of Quintus Caepio Brutus, proconsul, and that +that harmony has been of the greatest service to the republic, Quintus +Hortensius has acted well and becomingly, and in a manner advantageous +to the republic. And the senate decrees that Quintus Hortensius, +proconsul, shall occupy the province of Macedonia with his quaestors, +or proquaestors and lieutenants, until he shall have a successor +regularly appointed by resolution of the senate." + + + + +THE ELEVENTH ORATION OF M T CICERO AGAINST MARCUS ANTONIUS. CALLED +ALSO THE ELEVENTH PHILIPPIC + + * * * * * + +THE ARGUMENT + + +A short time after the delivery of the preceding speech, news came +to Rome of Dolabella (the colleague of Antonius) having been very +successful in Asia. He had left Rome before the expiration of his +consulship to take possession of Syria, which Antonius had contrived +to have allotted him, and he hoped to prevail on the inhabitants of +the province of Asia also to abandon Trebonius, (who had been one of +the slayers of Caesar, and was governor of Asia) and submit to him. +Trebonius was residing at Smyrna, and Dolabella arrived before the +walls of that town with very few troops, requesting a free passage +through Trebonius's province. Trebonius refused to admit him into +the town, but promised that he would permit him to enter Ephesus. +Dolabella, however, effected an entry into Smyrna by a nocturnal +surprise, and seized Trebonius, whom he murdered with great cruelty. + +As soon as the news of this event reached Rome, the consul summoned +the senate, which at once declared Dolabella a public enemy, and +confiscated his estate. Calenus was the mover of this decree. But +besides this motion there was another question to be settled namely, +who was to be appointed to conduct the war against Dolabella. Some +proposed to send Publius Servilus; others, that the two consuls should +be sent, and should have the two provinces of Asia and Syria allotted +to them, and this last proposition Pansa himself was favourable +to, and it was supported not only by his friends, but also by the +partisans of Antonius, who thought it would draw off the consuls from +their present business of relieving Decimus Brutus. But Cicero thought +that it would be an insult to Cassius, who was already in those +countries, to supersede him as it were, by sending any one else to +command there, and so he exerted all his influence to procure a decree +entrusting the command to him, though Servilia, the mother-in-law of +Cassius, and other of Cassius's friends, begged him not to disoblige +Pansa. He persevered, however and made the following speech in support +of his opinion. + +It appears that Cicero failed in his proposition through the influence +of Pansa, but before any orders came from Rome, Cassius had defeated +Dolabella near Laodicea, and he killed himself to avoid falling into +the hands of his conqueror. + +I. AMID the great grief, O conscript fathers, or rather misery which +we have suffered at the cruel and melancholy death of Caius Trebonius, +a most virtuous citizen and a most moderate man, there is still a +circumstance or two in the case which I think will turn out beneficial +to the republic. For we have now thoroughly seen what great barbarity +these men are capable of who have taken up wicked arms against their +country. For these two, Dolabella and Antonius, are the very blackest +and foulest monsters that have ever lived since the birth of man; one +of whom has now done what he wished; and as to the other, it has been +plainly shown what he intended. Lucius Cinna was cruel; Caius Marius +was unrelenting in his anger; Lucius Sylla was fierce; but still the +inhumanity of none of these men ever went beyond death; and that +punishment indeed was thought too cruel to be inflicted on citizens. + +Here now you have a pair equal in wickedness; unprecedented, unheard +of, savage, barbarous. Therefore those men whose vehement mutual +hatred and quarrel you recollect a short time ago, have now been +united in singular unanimity and mutual attachment by the singularity +of their wicked natures and most infamous lives. Therefore, that which +Dolabella has now done in a case in which he had the power, Antonius +threatens many with. But the former, as he was a long way from our +counsels and armies, and as he was not yet aware that the senate had +united with the Roman people, relying on the forces of Antonius, has +committed those wicked actions which he thought were already put in +practice at Rome by his accomplice in wickedness. What else then do +you think that this man is contriving or wishing, or what other object +do you think he has in the war? All of us who have either entertained +the thoughts of freemen concerning the republic, or have given +utterance to opinions worthy of ourselves, he decides to be not merely +opposed to him, but actual enemies. And he plans inflicting bitterer +punishments on us than on the enemy; he thinks death a punishment +imposed by nature, but torments and tortures the proper inflictions of +anger. What sort of enemy then must we consider that man who, if he be +victorious, requires one to think death a kindness if he spares one +the tortures with which it is in his power to accompany it? + +II. Wherefore, O conscript fathers, although you do not need any one +to exhort you, (for you yourself have of your own accord warmed up +with the desire of recovering your freedom,) still defend, I warn you, +your freedom with so much the more zeal and courage, in proportion +as the punishments of slavery with which you see the conquered are +threatened are more terrible. Antonius has invaded Gaul; Dolabella, +Asia; each a province with which he had no business whatever. Brutus +has opposed himself to the one, and at the peril of his own life has +checked the onset of that frantic man wishing to harass and plunder +everything, has prevented his further progress, and has cut him off +from his return. By allowing himself to be besieged he has hemmed in +Antonius on each side. + +The other has forced his way into Asia. With what object? If it was +merely to proceed into Syria, he had a road open to him which was +sure, and was not long. What was the need of sending forward some +Marsian, they call him Octavius, with a legion; a wicked and +necessitous robber; a man to lay waste the lands, to harass the +cities, not from any hope of acquiring any permanent property, which +they who know him say that he is unable to keep (for I have not the +honour of being acquainted with this senator myself,) but just as +present food to satisfy his indigence? Dolabella followed him, without +any one having any suspicion of war. For how could any one think +of such a thing? Very friendly conferences with Trebonius ensued; +embraces, false tokens of the greatest good-will, were there full of +simulated affection; the pledge of the right hand, which used to be a +witness of good faith, was violated by treachery and wickedness; +then came the nocturnal entry into Smyrna, as if into an enemy's +city--Smyrna, which is a city of our most faithful and most ancient +allies; then the surprise of Trebonius, who, if he were surprised by +one who was an open enemy, was very careless; if by one who up to that +moment maintained the appearance of a citizen, was miserable. And by +his example fortune wished us to take a lesson of what the conquered +party had to fear. He handed over a man of consular rank, governing +the province of Asia with consular authority, to an exiled +armourer;[45] he would not slay him the moment that he had taken him, +fearing, I suppose, that his victory might appear too merciful; but +after having attacked that most excellent man with insulting words +from his impious mouth, then he examined him with scourges and +tortures concerning the public money, and that for two days together. +Afterwards he cut off his head, and ordered it to be fixed on a +javelin and carried about, and the rest of his body, having been +dragged through the street and town, he threw into the sea. + +We, then, have to war against this enemy by whose most foul cruelty +all the savageness of barbarous nations is surpassed. Why need I speak +of the massacre of Roman citizens? of the plunder of temples? Who is +there who can possibly deplore such circumstances as their atrocity +deserves? And now he is ranging all over Asia, he is triumphing about +as a king, he thinks that we are occupied in another quarter by +another war, as if it were not one and the same war against this +outrageous pair of impious men. + +III. You see now an image of the cruelty of Marcus Antonius in +Dolabella, this conduct of his is formed on the model of the other. +It is by him that the lessons of wickedness have been taught to +Dolabella. Do you think that Antonius, if he had the power, would be +more merciful in Italy than Dolabella has proved in Asia? To me, +indeed, this latter appears to have gone as far as the insanity of a +savage man could go; nor do I believe that Antonius either would omit +any description of punishment, if he had only the power to inflict it. + +Place then before your eyes, O conscript fathers, that spectacle, +miserable indeed, and tearful, but still indispensable to rouse your +minds properly: the nocturnal attack upon the most beautiful city in +Asia; the irruption of armed men into Trebonius's house, when that +unhappy man saw the swords of the robbers before he heard what was the +matter, the entrance of Dolabella, raging,--his ill omened voice, +and infamous countenance,--the chains, the scourges, the rack, the +armourer who was both torturer and executioner, all which they say +that the unhappy Trebonius endured with great fortitude. A great +praise, and in my opinion indeed the greatest of all, for it is the +part of a wise man to resolve beforehand that whatever can happen to +a brave man is to be endured with patience if it should happen. It is +indeed a proof of altogether greater wisdom to act with such foresight +as to prevent any such thing from happening, but it is a token of no +less courage to bear it bravely if it should befall one. + +And Dolabella was indeed so wholly forgetful of the claims of +humanity, (although, indeed, he never had any particular recollection +of it,) as to vent his insatiable cruelty, not only on the living man, +but also on the dead carcass, and, as he could not sufficiently glut +his hatred, to feed his eyes also on the lacerations inflicted, and +the insults offered to his corpse. + +IV. O Dolabella, much more wretched than he whom you intended to be +the most wretched of all men! Trebonius endured great agonies, many +men have endured greater still, from severe disease, whom, however, +we are in the habit of calling not miserable, but afflicted. His +sufferings, which lasted two days, were long, but many men have had +sufferings lasting many years, nor are the tortures inflicted by +executioners more terrible than those caused by disease are sometimes. +There are other tortures,--others, I tell you, O you most abandoned +and insane man, which are far more miserable. For in proportion as +the vigour of the mind exceeds that of the body, so also are the +sufferings which rack the mind more terrible than those which are +endured by the body. He, therefore, who commits a wicked action is +more wretched than he who is compelled to endure the wickedness of +another. Trebonius was tortured by Dolabella, and so, indeed, was +Regulus by the Carthaginians. If on that account the Carthaginians +were considered very cruel for such behaviour to an enemy, what must +we think of Dolabella, who treated a citizen in such a manner? Is +there any comparison? or can we doubt which of the two is most +miserable? he whose death the senate and Roman people wish to avenge, +or he who has been adjudged an enemy by the unanimous vote of the +senate? For in every other particular of their lives, who could +possibly, without the greatest insult to Trebonius, compare the life +of Trebonius to that of Dolabella? Who is ignorant of the wisdom, and +genius, and humanity, and innocence of the one, and of his greatness +of mind as displayed in his exertions for the freedom of his country? +The other, from his very childhood, has taken delight in cruelty; and, +moreover, such has been the shameful nature of his lusts, that he has +always delighted in the very fact of doing those things which he could +not even be reproached with by a modest enemy. + +And this man, O ye immortal gods, was once my relation! For his vices +were unknown to one who did not inquire into such things nor perhaps +should I now be alienated from him if he had not been discovered to +be an enemy to you, to the walls of his country, to this city, to our +household gods, to the altars and hearths of all of us,--in short, to +human nature and to common humanity. But now, having received this +lesson from him, let us be the more diligent and vigilant in being on +our guard against Antonius. + +V. Indeed, Dolabella had not with him any great number of notorious +and conspicuous robbers. But you see there are with Antonius, and in +what numbers. In the first place, there is his brother Lucius--what +a firebrand, O ye immortal gods! what an incarnation of crime and +wickedness! what a gulf, what a whirlpool of a man! What do you think +that man incapable of swallowing up in his mind, or gulping down +in his thoughts! Who do you imagine there is whose blood he is not +thirsting for? who, on whose possessions and fortunes he is not fixing +his most impudent eyes, his hopes, and his whole heart? What shall we +say of Censorinus? who, as far as words go, said indeed that he wished +to be the city praetor, but who, in fact, was unwilling to be so? What +of Bestia, who professes that he is a candidate for the consulship in +the place of Brutus? May Jupiter avert from us this most detestable +omen! But how absurd is it for a man to stand for the consulship who +cannot be elected praetor! unless, indeed, he thinks his conviction may +be taken as an equivalent to the praetorship. Let this second Caesar, +this great Vopiscus[46], a man of consummate genius, of the highest +influence, who seeks the consulship immediately after having been +aedile, be excused from obedience to the laws. Although, indeed, the +laws do not bind him, on account, I suppose, of his exceeding dignity. +But this man has been acquitted five times when I have defended him. +To win a sixth city victory is difficult, even in the case of a +gladiator. However, this is the fault of the judges, not mine. I +defended him with perfect good faith, they were bound to retain a most +illustrious and excellent citizen in the republic, who now, however, +appears to have no other object except to make us understand that +those men whose judicial decisions we annulled, decided rightly and in +a manner advantageous to the republic. + +Nor is this the case with respect to this man alone; there are other +men in the same camp honestly condemned and shamefully restored; what +counsel do you imagine can be adopted by those men who are enemies to +all good men, that is not utterly cruel? There is besides a fellow +called Saxa; I don't know who he is, some man whom Caesar imported +from the extremity of Celtiberia and gave us for a tribune of the +people. Before that, he was a measurer of ground for camps; now he +hopes to measure out and value the city. May the evils which this +foreigner predicts to us fall on his own head, and may we escape in +safety! With him is the veteran Capho; nor is there any man whom the +veteran troops hate more cordially; to these men, as if in addition to +the dowry which they had received during our civil disasters, Antonius +had given the Campanian district, that they might have it as a sort +of nurse for their other estates. I only wish they would be contented +with them! We would bear it then, though it would not be what ought to +be borne, but still it would be worth our while to bear anything, as +long as we could escape this most shameful war. + +VI. What more? Have you not before your eyes those ornaments of the +camp of Marcus Antonius? In the first place, these two colleagues of +the Antonii and Dolabella, Nucula and Lento the dividers of all Italy +according to that law which the senate pronounced to have been earned +by violence, one of whom has been a writer of farces, and the other an +actor of tragedies. Why should I speak of Domitius the Apulian? whose +property we have lately seen advertised, so great is the carelessness +of his agents. But this man lately was not content with giving poison +to his sister's son, he actually drenched him with it. But it is +impossible for these men to live in any other than a prodigal manner, +who hope for our property while they are squandering their own. I have +seen also an auction of the property of Publius Decius, an illustrious +man, who, following the example of his ancestors, devoted himself for +the debts of another. But at that auction no one was found to be a +purchaser. Ridiculous man to think it possible to escape from debt by +selling other people's property! For why should I speak of Trebellius? +on whom the furies of debts seem to have wrecked their vengeance, for +we have seen one table[47] avenging another. Why should I speak of +Plancus? whom that most illustrious citizen Aquila has driven from +Pollentia,--and that too with a broken leg, and I wish he had met with +that accident earlier, so as not to be liable to return hither. + +I had almost passed over the light and glory of that army, Caius +Annius Cimber, the son of Lysidicus, a Lysidicus himself in the Greek +meaning of the word, since he has broken all laws, unless perhaps it +is natural for a Cimbrian to slay a German[48]? When Antonius has such +numbers with him, and those too men of that sort, what crime will he +shrink from, when Dolabella has polluted himself with such atrocious +murders without at all an equal troop of robbers to support him? +Wherefore, as I have often at other times differed against my will +from Quintus Fufius, so on this occasion I gladly agree with his +proposition. And from this you may see that my difference is not with +the man, but with the cause which he sometimes advocates. + +Therefore, at present I not only agree with Quintus Fufius, but I even +return thanks to him, for he has given utterance to opinions which are +upright, and dignified, and worthy of the republic. He has pronounced +Dolabella a public enemy, he has declared his opinion that his +property ought to be confiscated by public authority. And though +nothing could be added to this, (for, indeed, what could he propose +more severe or more pitiless?) nevertheless, he said that if any of +those men who were asked their opinion after him proposed any more +severe sentence, he would vote for it. Who can avoid praising such +severity as this? + +VII. Now, since Dolabella has been pronounced a public enemy, he must +be pursued by war. For he himself will not remain quiet. He has a +legion with him, he has troops of runaway slaves, he has a wicked band +of impious men, he himself is confident, intemperate, and bent on +falling by the death of a gladiator. Wherefore, since, as Dolabella +was voted an enemy by the decree which was passed yesterday, war must +be waged, we must necessarily appoint a general. + +Two opinions have been advanced, neither of which do I approve. The +one, because I always think it dangerous unless it be absolutely +necessary, the other, because I think it wholly unsuited to the +emergency. For an extraordinary commission is a measure suited rather +to the fickle character of the mob, one which does not at all become +our dignity or this assembly. In the war against Antiochus, a great +and important war, when Asia had fallen by lot to Lucius Scipio as his +province, and when he was thought to have hardly spirit and hardly +vigour enough for it, and when the senate was inclined to entrust the +business to his colleague Caius Laelius, the father of this Laelius, +who was surnamed the Wise; Publius Africanus, the elder brother of +Lucius Scipio, rose up, and entreated them not to cast such a slur on +his family, and said that in his brother there was united the greatest +possible valour, with the most consummate prudence, and that he too, +notwithstanding his age, and all the exploits which he had performed, +would attend his brother as his lieutenant. And after he had said +this, nothing was changed in respect to Scipio's province, nor was any +extraordinary command sought for any more in that war than in those +two terrible Punic wars which had preceded it, which were carried +on and conducted to their termination either by the consuls or by +dictators, or than in the war with Pyrrhus, or in that with Philippus, +or afterwards in the Achaean war, or in the third Punic war, for which +last the Roman people took great care to select a suitable general, +Publius Scipio, but at the same time it appointed him to the +consulship in order to conduct it. + +VIII. War was to be waged against Aristonicus in the consulship of +Publius Licunius and Lucius Valerius. The people was consulted as to +whom it wished to have the management of that war. Crassus, the consul +and Pontifex Maximus, threatened to impose a fine upon Flaccus his +colleague the priest of Mars, if he deserted the sacrifices. And +though the people remitted the fine, still they ordered the priest to +submit to the commands of the pontiff. But even then the Roman people +did not commit the management of the war to a private individual, +although there was Africanus, who the year before had celebrated a +triumph over the people of Numantia, and who was far superior to all +men in martial renown and military skill; yet he only gained the +votes of two tribunes. And accordingly the Roman people entrusted the +management of the war to Crassus the consul rather than to the private +individual Africanus. As to the commands given to Cnaeus Pompeius, that +most illustrious man, that first of men, they were carried by some +turbulent tribunes of the people. For the war against Sertorius was +only given by the senate to a private individual because the consuls +refused it, when Lucius Philippus said that he sent the general in the +place of the two consuls, not as proconsul. + +What then is the object of these comitia? Or what is the meaning of +this canvassing which that most wise and dignified citizen, Lucius +Caesar, has introduced into the senate? He has proposed to vote a +military command to one who is certainly a most illustrious and +unimpeachable man, but still only a private individual. And by doing +so he has imposed a heavy burden upon us. Suppose I agree, shall I by +so doing countenance the introduction of the practice of canvassing +into the senate house? Suppose I vote against it, shall I appear as if +I were in the comitia to have refused an honour to a man who is one of +my greatest friends? But if we are to have the comitia in the senate, +let us ask for votes, let us canvass, let a voting tablet be given us, +just as one is given to the people. Why do you, O Caesar, allow it to +be so managed that either a most illustrious man, if your proposition +be not agreed too, shall appear to have received a repulse, or else +that one of us shall appear to have been passed over, if, while we are +men of equal dignity, we are not considered worthy of equal honour? + +But (for this is what I hear is said,) I myself gave by my own vote an +extraordinary commission to Caius Caesar. Ay, indeed, for he had given +me extraordinary protection, when I say me, I mean he had given it +to the senate and to the Roman people. Was I to refuse giving an +extraordinary military command to that man from whom the republic had +received protection which had never even been thought of, but that +still was of so much consequence that without it she could not have +been safe? There were only the alternatives of taking his army from +him, or giving him such a command. For on what principle or by what +means can an army be retained by a man who has not been invested with +any military command? We must not, therefore, think that a thing has +been given to a man which has, in fact, not been taken away from him. +You would, O conscript fathers, have taken a command away from Caius +Caesar, if you had not given him one. The veteran soldiers, who, +following his authority and command and name, had taken up arms in the +cause of the republic, desired to be commanded by him. The Martial +legion and the fourth legion had submitted to the authority of the +senate, and had devoted themselves to uphold the dignity of the +republic, in such a way as to feel that they had a right to demand +Caius Caesar for their commander. It was the necessity of the war that +invested Caius Caesar with military command, the senate only gave him +the ensigns of it. But I beg you to tell me, O Lucius Caesar,--I am +aware that I am arguing with a man of the greatest experience,--when +did the senate ever confer a military command on a private individual +who was in a state of inactivity, and doing nothing? + +IX. However, I have been speaking hitherto to avoid the appearance of +gratuitously opposing a man who is a great friend of mine, and who has +showed me great kindness. Although, can one deny a thing to a person +who not only does not ask for it, but who even refuses it? But, O +conscript fathers, that proposition is unsuited to the dignity of the +consuls, unsuited to the critical character of the times, namely, the +proposition that the consuls, for the sake of pursuing Dolabella, +shall have the provinces of Asia and Syria allotted to them. I will +explain why it is inexpedient for the republic, but first of all, +consider what ignominy it fixes on the consuls. When a consul elect +is being besieged, when the safety of the republic depends upon his +liberation, when mischievous and parricidal citizens have revolted +from the republic, and when we are carrying on a war in which we are +fighting for our dignity, for our freedom, and for our lives, and +when, if any one falls into the power of Antonius, tortures and +torments are prepared for him, and when the struggle for all these +objects has been committed and entrusted to our most admirable and +gallant consuls,--shall any mention be made of Asia and Syria so +that we may appear to have given any injurious cause for others to +entertain suspicion of us, or to bring us into unpopularity? They do +indeed propose it, "after having liberated Brutus,"--for those were +the last words of the proposal, say rather, after having deserted, +abandoned, and betrayed him. + +But I say that any mention whatever of any provinces has been made at +a most unseasonable time. For although your mind, O Caius Pausa, be +ever so intent, as indeed it is, on effecting the liberation of the +most true and illustrious of all men, still the nature of things would +compel you inevitably sometimes to turn your thoughts to the idea +of pursuing Antonius, and to divert some portion of your care and +attention to Asia and Syria. But if it were possible, I could wish you +to have more minds than one, and yet to direct them all upon Mutina. +But since that is impossible, I do wish you, with that most virtuous +and all accomplished mind which you have got, to think of nothing but +Brutus. And that indeed, is what you are doing; that is what you are +especially striving at, but still no man can I will not say do two +things, especially two most important things, at one time but he +cannot even do entire justice to them both in his thoughts. It is our +duty rather to spur on and inflame that excellent eagerness of yours, +and not to transfer any portion of it to another object of care in a +different direction. + +X. Add to these considerations the way men talk, the way in which they +nourish suspicion, the way in which they take dislikes. Imitate +me whom you have always praised; for I rejected a province fully +appointed and provided by the senate, for the purpose of discarding +all other thoughts, and devoting all my efforts to extinguishing the +conflagration that threatened to consume my country. There was no one +except me alone, to whom, indeed, you would, in consideration of our +intimacy, have been sure to communicate anything which concerned your +interests, who would believe that the province had been decreed to you +against your will. I entreat you, check, as is due to your eminent +wisdom, this report, and do not seem to be desirous of that which you +do not in reality care about. And you should take the more care of +this point, because your colleague, a most illustrious man, cannot +fall under the same suspicion. He knows nothing of all that is going +on here, he suspects nothing, he is conducting the war, he is standing +in battle array, he is fighting for his blood and for his life, he +will hear of the province being decreed to him before he could imagine +that there had been time for such a proceeding. I am afraid that our +armies too, which have devoted themselves to the republic, not from +any compulsory levy, but of their own voluntary zeal, will be checked +in their ardour, if they suppose that we are thinking of anything but +instant war. + +But if provinces appear to the consuls as things to be desired, as +they often have been desired by many illustrious men, first restore us +Brutus, the light and glory of the state, whom we ought to preserve +like that statue which fell from heaven, and is guarded by the +protection of Vesta, which, as long as it is safe, ensures our safety +also. Then we will raise you, if it be possible, even to heaven on +our shoulders, unquestionably we will select for you the most worthy +provinces. But at present let us apply ourselves to the business +before us. And the question is, whether we will live as freemen, or +die, for death is certainly to be preferred to slavery. What more +need I say? Suppose that proposition causes delay in the pursuit of +Dolabella? For when will the consul arrive? Are we waiting till there +is not even a vestige of the towns and cities of Asia left? "But they +will send some one of their officers"--That will certainly be a step +that I shall quite approve of, I who just now objected to giving any +extraordinary military command to even so illustrious a man if he were +only a private individual. "But they will send a man worthy of such a +charge." Will they send one more worthy than Publius Servilius? But +the city has not such a man. What then he himself thinks ought to be +given to no one, not even by the senate, can I approve of that being +conferred by the decision of one man? We have need, O conscript +fathers, of a man ready and prepared, and of one who has a military +command legally conferred on him, and of one who, besides this, has +authority, and a name, and an army, and a courage which has been +already tried in his exertions for the deliverance of the republic. + +XI Who then is that man? Either Marcus Brutus, or Caius Cassius, +or both of them. I would vote in plain words, as there are many +precedents for, one consul or both, if we had not already hampered +Brutus sufficiently in Greece, and if we had not preferred having his +reinforcement approach nearer to Italy rather than move further off +towards Asia, not so much in order to receive succour ourselves from +that army, as to enable that army to receive aid across the water. +Besides, O conscript fathers, even now Caius Antonius is detaining +Marcus Brutus, for he occupies Apollonia, a large and important +city, he occupies, as I believe, Byllis, he occupies Amantia, he is +threatening Epirus, he is pressing on Illyricum, he has with him +several cohorts, and he has cavalry. If Brutus be transferred from +this district to any other war, we shall at all events lose Greece. We +must also provide for the safety of Brundusium and all that coast +of Italy. Although I marvel that Antonius delays so long, for he is +accustomed usually to put on his marching dress and not to endure the +fear of a siege for any length of time. But if Brutus has finished +that business, and perceives that he can better serve the republic by +pursuing Dolabella than by remaining in Greece, he will act of his own +head, as he has hitherto done, nor amid such a general conflagration +will he wait for the orders of the senate when instant help is +required. For both Brutus and Cassius have in many instances been +a senate to themselves. For it is quite inevitable that in such a +confusion and disturbance of all things men should be guided by the +present emergency rather than by precedent. Nor will this be the first +time that either Brutus or Cassius has considered the safety and +deliverance of his country his most holy law and his most excellent +precedent. Therefore, if there were no motion submitted to us about +the pursuit of Dolabella, still I should consider it equivalent to a +decree, when there were men of such a character for virtue, authority, +and the greatest nobleness, possessing armies, one of which is already +known to us, and the other has been abundantly heard of. + +XII Brutus then, you may be sure, has not waited for our decrees, as +he was sure of our desires. For he is not gone to his own province of +Crete, he has flown to Macedonia, which belonged to another, he has +accounted everything his own which you have wished to be yours, he has +enlisted new legions, he has received old ones, he has gained over to +his own standard the cavalry of Dolabella, and even before that man +was polluted with such enormous parricide, he, of his own head, +pronounced him his enemy. For if he were not one, by what right could +he himself have tempted the cavalry to abandon the consul? What more +need I say? Did not Caius Cassius, a man endowed with equal greatness +of mind and with equal wisdom, depart from Italy with the deliberate +object of preventing Dolabella from obtaining possession of Syria? By +what law? By what right? By that which Jupiter himself has sanctioned, +that everything which was advantageous to the republic should be +considered legal and just. + +For law is nothing but a correct principle drawn from the inspiration +of the gods, commanding what is honest, and forbidding the contrary. +Cassius, therefore, obeyed this law when he went into Syria, a +province which belonged to another, if men were to abide by the +written laws, but which, when these were trampled under foot, was his +by the law of nature. But in order that they may be sanctioned by your +authority also, I now give my vote, that, + +"As Publius Dolabella, and those who have been the ministers of and +accomplices and assistants in his cruel and infamous crime, have been +pronounced enemies of the Roman people by the senate, and as the +senate has voted that Publius Dolabella shall be pursued with war, in +order that he who has violated all laws of men and gods by a new +and unheard of and inexpiable wickedness and has committed the most +infamous treason against his country, may suffer the punishment which +is his due, and which he has well deserved at the hands of gods and +men, the senate decrees that Caius Cassius, proconsul, shall have the +government of Syria as one appointed to that province with all due +form, and that he shall receive their armies from Quintus Marcus +Crispus, proconsul, from Lucius Statius Murcus, proconsul, from Aulus +Allienus, lieutenant, and that they shall deliver them up to him, and +that he, with these troops and with any more which he may have got +from other quarters, shall pursue Dolabella with war both by sea and +land; that, for the sake of carrying on war, he shall have authority +and power to buy ships, and sailors, and money, and whatever else may +be necessary or useful for the carrying on of the war, in whatever +places it seems fitting to him to do so, throughout Syria, Asia, +Bithynia, and Pontus; and that, in whatever province he shall arrive +for the purpose of carrying on that war, in that province as soon +as Caius Cassius, proconsul, shall arrive in it, the power of Caius +Cassius, proconsul, shall be superior to that of him who may be the +regular governor of the province at the time. That king Deiotarus the +father, and also king Deiotarus the son, if they assist Caius Cassius, +proconsul, with their armies and treasures, as they have heretofore +often assisted the generals of the Roman people, will do a thing which +will be grateful to the senate and people of Rome; and that also, if +the rest of the kings and tetrarchs and governors in those districts +do the same, the senate and people of Rome will not be forgetful of +their loyalty and kindness; and that Caius Pansa and Aulus Hirtius the +consuls, one or both of them, as it seems good to them, as soon +as they have re-established the republic, shall at the earliest +opportunity submit a motion to this order about the consular and +praetorian provinces; and that, in the meantime, the provinces should +continue to be governed by those officers by whom they are governed at +present, until a successor be appointed to each by a resolution of the +senate." + +XIII. By this resolution of the senate you will inflame the existing +ardour of Cassius, and you will give him additional arms; for you +cannot be ignorant of his disposition, or of the resources which he +has at present. His disposition is such as you see; his resources, +which you have heard stated to you, are those of a gallant and +resolute man, who, even while Trebonius was alive, would not permit +the piratical crew of Dolabella to penetrate into Syria. Allienus, my +intimate friend and connexion, who went thither after the death of +Trebonius, will not permit himself to be called the lieutenant of +Dolabella. The army of Quintus Caecilius Bassus, a man indeed without +any regular appointment, but a brave and eminent man, is vigorous and +victorious. The army of Deiotarus the king, both father and son, is +very numerous, and equipped in our fashion. Moreover, in the son +there is the greatest hope, the greatest vigour of genius and a good +disposition, and the most eminent valour. Why need I speak of the +father, whose good-will towards the Roman people is coeval with his +life; who has not only been the ally of our commanders in their wars, +but has also served himself as the general of his own troops. What +great things have Sylla, and Murena, and Servilius, and Lucullus said +of that man; what complimentary, what honourable and dignified mention +have they often made of him in the senate! Why should I speak of +Cnaeus Pompeius, who considered Deiotarus the only friend and real +well-wisher from his heart, the only really loyal man to the Roman +people in the whole world? We were generals, Marcus Bibulus and I, in +neighbouring provinces bordering on his kingdom; and we were assisted +by that same monarch both with cavalry and infantry. Then followed +this most miserable and disastrous civil war; in which I need not say +what Deiotarus ought to have done, or what would have been the most +proper course which he could have adopted, especially as victory +decided for the party opposed to the wishes of Deiotarus. And if in +that war he committed any error, he did so in common with the senate. +If his judgment was the right one, then even though defeated it does +not deserve to be blamed. To these resources other kings and other +levies of troops will be added. Nor will fleets be wanting to us; so +greatly do the Tyrians esteem Cassius, so mighty is his name in Syria +and Phoenicia. + +XIV. The republic, O conscript fathers, has a general ready against +Dolabella, in Caius Cassius, and not ready only, but also skilful and +brave. He performed great exploits before the arrival of Bibulus, a +most illustrious man, when he defeated the most eminent generals of +the Parthians and their innumerable armies, and delivered Syria from +their most formidable invasion. I pass over his greatest and most +extraordinary glory; for as the mention of it is not yet acceptable +to every one, we had better preserve it in our recollection than by +bearing testimony to it with our voice. + +I have noticed, O conscript fathers, that some people have said before +now, that even Brutus is too much extolled by me, that Cassius is too +much extolled; and that by this proposition of mine absolute power and +quite a principality is conferred upon Cassius. Whom do I extol? Those +who are themselves the glory of the republic. What? have I not at all +times extolled Decimus Brutus whenever I have delivered my opinion at +all? Do you then find fault with me? or should I rather praise the +Antonii, the disgrace and infamy not only of their own families, but of +the Roman name? or should I speak in favour of Censorenus, an enemy in +time of war, an assassin in time of peace? or should I collect all +the other ruined men of that band of robbers? But I am so far from +extolling those enemies of tranquility, of concord, of the laws, of +the courts of justice, and of liberty, that I cannot avoid hating them +as much as I love the republic. "Beware," says one, "how you offend +the veterans." For this is what I am most constantly told. But I +certainly ought to protect the rights of the veterans; of those at +least who are well disposed; but surely I ought not to fear them. And +those veterans who have taken up arms in the cause of the republic, +and have followed Caius Caesar, remembering the kindnesses which they +received from his father, and who at this day are defending the +republic to their own great personal danger,--those I ought not only +to defend, but to seek to procure additional advantages for them. But +those also who remain quiet, such as the sixth and eighth legion, I +consider worthy of great glory and praise. But as for those companions +of Antonius, who after they have devoured the benefits of Caesar, +besiege the consul elect, threaten this city with fire and sword, and +have given themselves up to Saxa and Capho, men born for crime and +plunder, who is there who thinks that those men ought to be defended? +Therefore the veterans are either good men, whom we ought to load with +distinctions, or quiet men, whom we ought to preserve, or impious +ones, against whose frenzy we have declared war and taken up +legitimate arms. + +XV. Who then are the veterans whom we are to be fearful of offending? +Those who are desirous to deliver Decimus Brutus from siege? for how +can those men, to whom the safety of Brutus is dear, hate the name of +Cassius? Or those men who abstain from taking arms on either side? I +have no fear of any of those men who delight in tranquility becoming +a mischievous citizen. But as for the third class, whom I call not +veteran soldiers, but infamous enemies, I wish to inflict on them the +most bitter pain. Although, O conscript fathers, how long are we to +deliver our opinions as it may please the veterans? why are we to +yield so much to their haughtiness? why are we to make their arrogance +of such importance as to choose our generals with reference to their +pleasure? But I (for I must speak, O conscript fathers, what I feel,) +think that we ought not so much to regard the veterans, as to look at +what the young soldiers, the flower of Italy--at what the new legions, +most eager to effect the deliverance of their country--at what all +Italy will think of your wisdom. For there is nothing which flourishes +for ever. Age succeeds age. The legions of Caesar have flourished for a +long time; but now those who are flourishing are the legions of Pansa, +and the Legions of Hirtius, and the legions of the son of Caesar, and +the legions of Plancus. They surpass the veterans in number, they have +the advantage of youth, moreover, they surpass them also in authority. +For they are engaged in waging that war which is approved of by all +nations. Therefore, rewards have been promised to these latter. To +the former they have been already paid,--let them enjoy them. But let +these others have those rewards given to them which we have promised +them. For that is what I hope that the immortal gods will consider +just. + +And as this is the case, I give my vote for the proposition which I +have made to you, O conscript fathers, being adopted by you. + + + + +THE TWELFTH ORATION OF M T CICERO AGAINST MARCUS ANTONIUS. CALLED ALSO +THE TWELFTH PHILIPPIC. + + +THE ARGUMENT. + + +Decimus Brutus was in such distress in Mutina, that his friends began +to be alarmed, fearing that, if he fell into the hands of Antonius, +he would be treated as Trebonius had been. And, as the friends of +Antonius gave out that he was now more inclined to come to terms with +the senate, a proposition was made and supported by Pansa to send a +second embassy to him. And even Cicero at first consented to it, +and allowed himself to be nominated with Servilius and three other +senators, all of consular rank, but on more mature reflection he was +convinced that he had been guilty of a blunder, and that the object of +Antonius and his friends was only to gain time for Ventidius to join +him with his three legions. Accordingly, at the next meeting of the +senate, he delivered the following speech, retracting his former +sanction of the proposed embassy. And he spoke so strongly against it, +that the measure was abandoned and Pansa soon afterwards marched with +his army to join Hirtius and Octavius, with the intention of forcing +Antonius to a battle. + +I. Although, O conscript fathers it seems very unbecoming for that +man whose counsels you have so often adopted in the most important +affairs, to be deceived and deluded, and to commit mistakes, yet I +console myself, since I made the mistake in company with you, and in +company also with a consul of the greatest wisdom. For when two men of +consular rank had brought us hope of an honorable peace, they appeared +as being friends and extremely intimate with Marcus Antonius, to be +aware of some weak point about him with which we were unacquainted. +His wife and children are in the house of one, the other is known +every day to send letters to, to receive letters from, and openly to +favour Antonius. + +These men, then, appeared likely to have some reason for exhorting us +to peace, which they had done for some time. The consul, too, added +the weight of his exhortation, and what a consul! If we look for +prudence, one who was not easily to be deceived; if for virtue and +courage, one who would never admit of peace unless Antonius submitted +and confessed himself to be vanquished, if for greatness of mind, one +who would prefer death to slavery. You, too, O conscript fathers, +appeared to be induced to think not of accepting but of imposing +conditions, not so much because you were forgetful of your most +important and dignified resolutions, as because you had hopes +suggested you of a surrender on the part of Antonius, which his +friends preferred to call peace. My own hopes, and I imagine yours +also, were increased by the circumstance of my hearing that the family +of Antonius was overwhelmed with distress, and that his wife was +incessantly lamenting. And in this assembly, too, I saw that the +partisans, on whose countenance my eyes are always dwelling, looked +more sorrowful than usual. And if that is not so, why on a sudden has +mention been made of peace by Piso and Calenus of all people in the +world, why at this particular moment, why so unexpectedly? Piso +declares that he knows nothing, that he has not heard anything. +Calenus declares that no news has been brought. And they make that +statement now, after they think that we are involved in a pacific +embassy. What need have we, then, of any new determination, if no new +circumstances have arisen to call for one? + +II. We have been deceived,--we have, I say, been deceived, O conscript +fathers. It is the cause of Antonius that has been pleaded by his +friends, and not the cause of the public. And I did indeed see that, +though through a sort of mist, the safety of Decimus Brutus had +dazzled my eyesight. But if in war, substitutes were in the habit of +being given, I would gladly allow myself to be hemmed in, so long +as Decimus Brutus might be released. But we were caught by this +expression of Quintus Fufius; "Shall we not listen to Antonius, even +if he retires from Mutina? Shall we not, even if he declares that he +will submit himself to the authority of the senate?" It seemed harsh +to say that. Thus it was that we were broken, we yielded. Does he then +retire from Mutina? "I don't know." Is he obeying the senate? "I think +so" says Calenus, "but so as to preserve his own dignity at the same +time." You then, O conscript fathers, are to make great exertions for +the express purpose of losing your own dignity, which is very great, +and of preserving that of Antonius, which neither has nor can have any +existence, and of enabling him to recover that by your conduct, which +he has lost by his own. "But, however, that matter is not open for +consideration now, an embassy has been appointed." But what is there +which is not open for consideration to a wise man, as long as it +can be remodelled? Any man is liable to a mistake; but no one but a +downright fool will persist in error. For second thoughts, as people +say, are best. The mist which I spoke of just now is dispelled, light +has arisen, the case is plain--we see everything, and that not by our +own acuteness, but we are warned by our friends. + +You heard just now what was the statement made by a most admirable +man. I found, said he, his house, his wife, his children, all in great +distress. Good men marvelled at me, my friends blamed me for having +been led by the hope of peace to undertake an embassy. And no wonder, +O Publius Servilius. For by your own most true and most weighty +arguments Antonius was stripped, I do not say of all dignity, but of +even every hope of safety. Who would not wonder if you were to go +as an ambassador to him? I judge by my own case, for with regard to +myself I see how the same design as you conceived is found fault with. +And are we the only people blamed? What? did that most gallant man +speak so long and so precisely a little while ago without any reason? +What was he labouring for, except to remove from himself a groundless +suspicion of treachery? And whence did that suspicion arise? From his +unexpected advocacy of peace, which he adopted all on a sudden, being +taken in by the same error that we were. + +But if an error has been committed, O conscript fathers, owing to a +groundless and fallacious hope, let us return into the right road. The +best harbour for a penitent is a change of intention. + +III. For what, in the name of the immortal gods! what good can our +embassy do to the republic? What good, do I say? What will you say if +it will even do us harm? _Will_ do us harm? What if it already _has_ +done us harm? Do you suppose that that most energetic and fearless +desire shown by the Roman people for recovery of their liberty has +been damped and weakened by hearing of this embassy for peace? What +do you think the municipal towns feel? and the colonies? What do you +think will be the feelings of all Italy? Do you suppose that it will +continue to glow with the same zeal with which it burnt before to +extinguish this common conflagration? Do we not suppose that those +men will repent of having professed and displayed so much hatred to +Antonius, who promised us money and arms, who devoted themselves +wholly, body, heart, and soul, to the safety of the republic? How will +Capua, which at the present time feels like a second Rome, approve of +this design of yours? That city pronounced them impious citizens, cast +them out, and kept them out. Antonius was barely saved from the hands +of that city, which made a most gallant attempt to crush him. Need I +say more? Are we not by these proceedings cutting the sinews of our +own legions, for what man can engage with ardour in a war, when the +hope of peace is suggested to him? Even that godlike and divine +Martial legion will grow languid at and be cowed by the receipt of +this news, and will lose that most noble title of Martial, their +swords will fall to the ground, their weapons will drop from their +hands. For, following the senate, it will not consider itself bound to +feel more bitter hatred against Antonius than the senate. + +I am ashamed for this legion, I am ashamed for the fourth legion, +which, approving of our authority with equal virtue, abandoned +Antonius, not looking upon him as their consul and general, but as an +enemy and attacker of their country. I am ashamed for that admirable +army which is made up of two armies, which has now been reviewed, and +which has started for Mutina, and which, if it hears a word of peace, +that is to say, of our fear, even if it does not return, will at all +events halt. For who, when the senate recals him and sounds a retreat, +will be eager to engage in battle?[49] + +IV. For what can be more unreasonable than for us to pass resolutions +about peace without the knowledge of those men who wage the war? And +not only without their knowledge, but even against their will? Do you +think that Aulus Hirtius, that most illustrious consul, and that +Carus Caesar, a man born by the especial kindness of the gods for this +especial crisis, whose letters, announcing their hope of victory, I +hold in my hand, are desirous of peace? leader; and still we cannot +bear the countenances or support the language of those men who are +left behind in the city out of their number. What do you think will +be the result when such numbers force their way into the city at one +time? when we have laid aside our arms and they have not laid aside +theirs? Must we not be defeated for everlasting, in consequence of our +own counsels? + +Place before your eyes Marcus Antonius, as a man of consular rank, add +to him Lucius, hoping to obtain the consulship, join to them all the +rest, and those too not confined to our order, who are fixing then +thoughts on honours and commands. Do not despise the Tiros, and the +Numisii, or the Mustellae, or the Seii. A peace made with those men +will not be peace, but a covenant of slavery. That was in admirable +expression of Lucius Piso, a most honourable man, and one which has +been deservedly praised by you O Pansa, not only in this order, but +also in the assembly of the people. He said, that he would depart from +Italy, and leave his household gods and his native home, if (but might +the gods avert such a disaster!) Antonius overwhelmed the republic. + +VII. I ask, therefore, of you, O Lucius Piso, whether you would not +think the republic overwhelmed if so many men of such impiety, of such +audacity, and such guilt, were admitted into it? Can you think that +men whom we could hardly bear when they were not yet polluted with +such parricidal treasons; will be able to be borne by the city now +that they are immersed in every sort of wickedness? Believe me, we +must either adopt your plan, and retire, depart, embrace a life of +indigence and wandering, or else we must offer our throats to those +robbers, and perish in our country. What has become, O Carus Pansa, of +those noble exhortations of yours, by which the senate was roused, and +the Roman people stimulated, not only hearing but also learning from +you that there is nothing more disgraceful to a Roman than slavery? +Was it for this that we assumed the garb of war, and took arms and +roused up all the youth all over Italy, in order that while we had a +most flourishing and numerous army, we might send ambassadors to treat +for peace? If that peace is to be received by others, why do we not +wait to be entreated for it? If our ambassadors are to beg it, what is +it that we are afraid of? Shall I make one of this embassy, or shall I +be mixed up with this design, in which, even if I should dissent from +the rest of my colleagues, the Roman people will not know it? The +result will be that if anything be granted or conceded, it will be my +danger if Antonius commits any offences, since the power to commit +them will seem to have been put in his hands by me. + +But even if it had been proper to entertain any idea of peace with the +piratical crew of Marcus Antonius, still I was the last person who +ought to have been selected to negotiate such a peace. I never voted +for sending ambassadors. Before the return of the last ambassadors I +ventured to say, that peace itself, even if they did bring it, ought +to be repudiated, since war would be concealed under the name of +peace; I was the chief adviser of the adoption of the garb of war, I +have invariably called that man a public enemy, when others have been +calling him only an adversary, I have always pronounced this to be a +war, while others have styled it only a tumult Nor have I done this +in the senate alone; I have always acted in the same way before the +people. Nor have I spoken against himself only, but also against the +accomplices in and agents of his crimes, whether present here, or +there with him. In short, I have at all times inveighed against the +whole family and party of Antonius. Therefore, as those impious +citizens began to congratulate one another the moment the hope of +peace was presented to them, as if they had gained the victory, so +also they abused me as unjust, they made complaints against me, they +distrusted Servilius also, they recollected that Antonius had been +damaged by his avowed opinions and propositions, they recollected that +Lucius Caesar, though a brave and consistent senator, is still his +uncle, that Calenus is his agent, that Piso is his intimate friend, +they think that you yourself, O Pansa, though a most vigorous and +fearless consul, are now become more mercifully inclined. Not that it +really is so, or that it possibly can be so. But the fact of a mention +of peace having been made by you, has given rise to a suspicion in the +hearts of many, that you have changed your mind a little. The friends +of Antonius are annoyed at my being included among these persons, +and we must no doubt yield to them, since we have once begun to be +liberal. + +VIII. Let the ambassadors go, with all our good wishes, but let those +men go at whom Antonius may take no offence. But if you are not +anxious about what he may think, at all events. O conscript fathers, +you ought to have some regard for me. At least spare my eyes, and make +some allowance for a just indignation. For with what countenance shall +I be able to behold, (I do not say, the enemy of my country, for my +hatred of him on that score I feel in common with you all,) but how +shall I bear to look upon that man who is my own most bitter personal +enemy, as his most furious harangues against me plainly declare him? +Do you think that I am so completely made of iron as to be able +unmoved to meet him, or look at him? who lately, when in an assembly +of the people he was making presents to those men who appeared to him +the most audacious of his band of parricidal traitors, said that +he gave my property to Petissius of Urbinum, a man who, after the +shipwreck of a very splendid patrimony, was dashed against these rocks +of Antonius. Shall I be able to bear the sight of Lucius Antonius? a +man from whose cruelty I could not have escaped if I had not defended +myself behind the walls and gates and by the zeal of my own municipal +town. And this same Asiatic gladiator, this plunderer of Italy, this +colleague of Lenti and Nucula, when he was giving some pieces of +gold to Aquila the centurion, said that he was giving him some of my +property. For, if he had said he was giving him some of his own, he +thought that the eagle itself would not have believed it. My eyes +cannot--my eyes, I say, will not bear the sight of Saxa, or Capho, or +the two praetors, or the tribune of the people, or the two tribunes +elect, or Bestia, or Trebellius, or Titus Plancus. I cannot look with +equanimity on so many, and those such foul, such wicked enemies; +nor is that feeling caused by any fastidiousness of mine, but by my +affection for the republic. But I will subdue my feelings, and keep my +own inclinations under restraint. If I cannot eradicate my most just +indignation, I will conceal it. What? Do you not think, O Conscript +fathers, that I should have some regard for my own life? But that +indeed has never been an object of much concern to me, especially +since Dolabella has acted in such a way that death is a desirable +thing, provided it come without torments and tortures. But in your +eyes and in those of the Roman people my life ought not to appear of +no consequence. For I am a man,--unless indeed I am deceived in my +estimate of myself,--who by my vigilance, and anxiety, by the opinions +which I have delivered, and by the dangers too of which I have +encountered great numbers, by reason of the most bitter hatred which +all impious men bear me, have at least, (not to seem to say anything +too boastful,) conducted myself so as to be no injury to the republic. +And as this is the case, do you think that I ought to have no +consideration for my own danger? + +IX. Even here, when I was in the city and at home, nevertheless many +attempts were made against me, in a place where I have not only the +fidelity of my friends but the eyes also of the entire city to guard +me. What do you think will be the case when I have gone on a journey, +and that too a long one? Do you think that I shall have no occasion +to fear plots then? There are three roads to Mutina, a place which my +mind longs to see, in order that I may behold as speedily as possible +that pledge of freedom of the Roman people Decimus Brutus, in whose +embrace I would willingly yield up my parting breath, when all my +actions for the last many months, and all my opinions and propositions +have resulted in the end which I proposed to myself. There are, as I +have said, three roads, the Flaminian road, along the Adriatic, the +Aurelian road, along the Mediterranean coast, the Midland road, which +is called the Cassian. + +Now, take notice, I beg of you, whether my suspicion of danger to +myself is at variance with a reasonable conjecture. The Cassian road +goes through Etruria. Do we not know then, O Pansa, over what places +the authority of Lenti Caesennius, as a septemvir, prevails at +present? He certainly is not on our side either in mind or body. But +if he is at home, or not far from home, he is certainly in Etruria, +that is, in my road. Who, then, will undertake to me that Lenti will +be content with exacting one life alone? Tell me besides, O Pansa, +where Ventidius is,--a man to whom I have always been friendly before +he became so openly an enemy to the republic and to all good men. I +may avoid the Cassian road, and take the Flaminian. What if, as it is +said, Ventidius has arrived at Ancona? Shall I be able in that case +to reach Ariminum in safety? The Aurelian road remains and here too +I shall find a, protector, for on that road are the possessions of +Publius Clodius. His whole household will come out to meet me, and +will invite me to partake of their hospitality, on account of my +notorious intimacy with their master? + +X. Shall I then trust myself to those roads--I who lately, on the day +of the feast of Terminus, did not dare even to go into the suburbs and +return by the same road on the same day? I can scarcely defend myself +within the walls of my own house without the protection of my friends; +therefore I remain in the city; and if I am allowed to do so I will +remain. This is my proper place, this is my beat, this is my post as +a sentinel, this is my station as a defender of the city. Let others +occupy camps and kingdoms, and engage in the conduct of the war; let +them show the active hatred of the enemy; we, as we say, and as we +have always hitherto done, will, in common with you, defend the +city and the affairs of the city. Nor do I shrink from this office; +although I see the Roman people shrink from it for me. No one is less +timid than I am; no one more cautious. The facts speak for themselves. +This is the twentieth year that I have been a mark for the attempts of +all wicked men; therefore, they have paid to the republic (not to +say to me) the penalty of their wickedness. As yet the republic has +preserved me in safety for itself. I am almost afraid to say what I am +going to say; for I know that any accident may happen to a man; but +still, when I was once hemmed in by the united force of many most +influential men, I yielded voluntarily, and fell in such a manner as +to be able to rise again in the most honourable manner. + +Can I, then, appear as cautious and as prudent as I ought to be if I +commit myself to a journey so full of enemies and dangers to me? Those +men who are concerned in the government of the republic ought at their +death to leave behind them glory, and not reproaches for their fault, +or grounds for blaming their folly. What good man is there who does +not mourn for the death of Trebonius? Who is there who does not grieve +for the loss of such a citizen and such a man? But there are men who +say, (hastily indeed, but still they do say so,) that he deserves to +be grieved for less because he did not take precautions against a +desperately wicked man. In truth, a man who professes to be himself a +defender of many men, wise men say, ought in the first place to show +himself able to protect his own life. I say, that when one is fenced +round by the laws and by the fear of justice, a man is not bound to be +afraid of everything, or to take precautions against all imaginable +designs; for who would dare to attack a man in daylight, on a military +road, or a man who was well attended, or an illustrious man? But these +considerations have no bearing on the present time, nor in my case; +for not only would a man who offered violence to me have no fear of +punishment, but he would even hope to obtain glory and rewards from +those bands of robbers. + +XI. These dangers I can guard against in the city; it is easy for me +to look around and see where I am going out from, whither I am going, +what there is on my right hand, and on my left. Shall I be able to do +the same on the roads of the Apennines? in which, even if there should +be no ambush, as there easily may be, still my mind will be kept in +such a state of anxiety as not to be able to attend to the duties of +an embassy. But suppose I have escaped all plots against me, and have +passed over the Apennines; still I have to encounter a meeting and +conference with Antonius. What place am I to select? If it is outside +the camp, the rest may look to themselves,--I think that death would +come upon me instantly. I know the frenzy of the man; I know his +unbridled violence. The ferocity of his manners and the savageness of +his nature is not usually softened even by wine. Then, inflamed by +anger and insanity, with his brother Lucius, that foulest of beasts, +at his side, he will never keep his sacrilegious and impious hands +from me. I can recollect conferences with most bitter enemies, and +with citizens in a state of the most bitter disagreement. + +Cnaeus Pompeius, the son of Sextus, being consul, in my presence, when +I was serving my first campaign in his army, had a conference with +Publius Vettius Scato, the general of the Marsians, between the camps. +And I recollect that Sextus Pompeius, the brother of the consul, a +very learned and wise man, came thither from Rome to the conference. +And when Scato had saluted him, "What," said he, "am I to call +you?"--"Call me," said he, "one who is by inclination a friend, by +necessity an enemy." That conference was conducted with fairness; +there was no fear, no suspicion; even their mutual hatred was not +great; for the allies were not seeking to take our city from us, but +to be themselves admitted to share the privileges of it. Sylla and +Scipio, one attended by the flower of the nobility, the other by the +allies, had a conference between Cales and Teanum, respecting the +authority of the senate, the suffrages of the people, and the +privileges of citizenship; and agreed upon conditions and +stipulations. Good faith was not strictly observed at that conference; +but still there was no violence used, and no danger incurred. + +XII. But can we be equally safe among Antonius's piratical crew? We +cannot; or, even if the rest can, I do not believe that I can. What +will be the case if we are not to confer out of the camp? What camp +is to be chosen for the conference? He will never come into our +camp:--much less will we go to his. It follows then, that all demands +must be received and sent to and fro by means of letters. We then +shall be in our respective camps. On all his demands I shall have but +one opinion; and when I have stated it here, in your hearing, you may +think that I have gone, and that I have come back again.--I shall have +finished my embassy. As far as my sentiments can prevail I shall refer +every demand which Antonius makes to the senate. For, indeed, we have +no power to do otherwise; nor have we received any commission from +this assembly, such as, when a war is terminated, is usually, in +accordance with the precedents of your ancestors, entrusted to the +ambassadors. Nor, in fact, have we received any particular commission +from the senate at all. + +And, as I shall pursue this line of conduct in the council, where +some, as I imagine, will oppose it, have I not reason to fear that the +ignorant mob may think that peace is delayed by my means? Suppose now +that the new legions do not disapprove of my resolution. For I am +quite sure that the Martial legion and the fourth legion will not +approve of anything which is contrary to dignity and honour. What +then? have we no regard for the opinion of the veterans? For even +they themselves do not wish to be feared by us.--Still, how will +they receive my severity? For they have heard many false statements +concerning me; wicked men have circulated among them many calumnies +against me. Their advantage indeed, as you all are most perfect +witnesses of, I have always promoted by my opinion, by my authority, +and by my language. But they believe wicked men, they believe +seditious men, they believe their own party. They are, indeed, brave +men; but by reason of their exploits which they have performed in the +cause of the freedom of the Roman people and of the safety of the +republic they are too ferocious and too much inclined to bring all +our counsels under the sway of their own violence. Their deliberate +reflection I am not afraid of, but I confess I dread their +impetuosity. + +If I escape all these great dangers too, do you think my return will +be completely safe? For when I have, according to my usual custom, +defended your authority, and have proved my good faith towards the +republic, and my firmness; then I shall have to fear, not those men +alone who hate me, but those also who envy me. Let my life then be +preserved for the republic, let it be kept for the service of my +country as long as my dignity or nature will permit; and let death +either be the necessity of fate, or, if it must be encountered +earlier, let it be encountered with glory. + +This being the case, although the republic has no need (to say the +least of it) of this embassy, still if it be possible for me to go on +it in safety, I am willing to go. Altogether, O conscript fathers, +I shall regulate the whole of my conduct in this affair, not by any +consideration of my own danger, but by the advantage of the republic. +And, as I have plenty of time, I think that it behoves me to +deliberate upon that over and over again, and to adopt that line of +conduct which I shall judge to be most beneficial to the republic. + + + + +THE THIRTEENTH ORATION OF M.T. CICERO AGAINST MARCUS ANTONIUS. CALLED +ALSO THE THIRTEENTH PHILIPPIC. + + +THE ARGUMENT. + + +Antonius wrote a long letter to Hirtius and to Octavius, to persuade +them that they were acting against their true interests and dignity +in combining with the slayers of Julius Caesar against him. But they, +instead of answering this letter, sent it to Cicero at Rome. At the +same time Lepidus wrote a public letter to the senate to exhort them +to measures of peace; and to a reconciliation with Antonius; and took +no notice of the public honours which had been decreed to him in +compliance with Cicero's motion. The senate was much displeased at +this. They agreed, however, to a proposal of Servilius--to thank +Lepidus for his love of peace, but to desire him to leave that to +them; as there could be no peace till Antonius had laid down his arms. +But Antonius's friends were encouraged by Lepidus's letter to renew +their suggestions of a treaty; which caused Cicero to deliver the +following speech to the senate for the purpose of counteracting the +influence of their arguments. + +I. From the first beginning, O conscript fathers, of this war which we +have undertaken against those impious and wicked citizens, I have been +afraid lest the insidious proposals of peace might damp our zeal for +the recovery of our liberty. But the name of peace is sweet; and the +thing itself not only pleasant but salutary. For a man seems to have +no affection either for the private hearths of the citizens, nor for +the public laws, nor for the rights of freedom, who is delighted with +discord and the slaughter of his fellow-citizens, and with civil war; +and such a man I think ought to be erased from the catalogue of men, +and exterminated from all human society. Therefore, if Sylla, or +Marius, or both of them, or Octavius, or Cinna, or Sylla for the +second time, or the other Marius and Carbo, or if any one else has +ever wished for civil war, I think that man a citizen born for the +detestation of the republic. For why should I speak of the last man +who stirred up such a war; a man whose acts, indeed, we defend, while +we admit that the author of them was deservedly slain? Nothing, then, +is more infamous than such a citizen or such a man; if indeed he +deserves to be considered either a citizen or a man, who is desirous +of civil war. + +But the first thing that we have to consider, O conscript fathers, +is whether peace can exist with all men, or whether there be any war +incapable of reconciliation, in which any agreement of peace is only +a covenant of slavery. Whether Sylla was making peace with Scipio, +or whether he was only pretending to do so, there was no reason to +despair, if an agreement had been come to, that the city might have +been in a tolerable state. If Cinna had been willing to agree with +Octavius, the safety of the citizens might still have had an existence +in the republic. In the last war, if Pompeius had relaxed somewhat +of his dignified firmness, and Caesar a good deal of his ambition, we +might have had both a lasting peace, and some considerable remainder +of the republic. + +II. But what is the state of things now? Is it possible for there +to be peace with Antonius? with Censorinus, and Ventidius, and +Trebellius, and Bestia, and Nucula, and Munatius, and Lento, and Saxa? +I have just mentioned a few names as a specimen; you yourselves see +the countless numbers and savage nature of the rest of the host. Add, +besides the wrecks of Caesar's party, the Barbae Cassii, the Barbatii, +the Pollios; add the companions and fellow-gamblers of Antonius, +Eutrapelus, and Mela, and Coelius, and Pontius, and Crassicius, and +Tiro, and Mustela, and Petissius; I say nothing of the main body, I +am only naming the leaders. To these are added the legionaries of the +Alauda and the rest of the veterans, the seminary of the judges of the +third decury; who, having exhausted their own estates, and squandered +all the fruits of Caesar's kindness, have now set their hearts on our +fortunes. Oh that trustworthy right hand of Antonius, with which he +has murdered many citizens! Oh that regularly ratified and solemn +treaty which we made with the Antonii! Surely if Marcus shall attempt +to violate it, the conscientious piety of Lucius will call him back +from such wickedness. If there is any room allowed these men in this +city, there will be no room for the city itself. Place before your +eyes, O conscript fathers, the countenances of those men, and +especially the countenances of the Antonii. Mark their gait, their +look, their face, their arrogance; mark those friends of theirs who +walk by their side, who follow them, who precede them. What breath +reeking of wine, what insolence, what threatening language do you not +think there will be there? Unless, indeed, the mere fact of peace is +to soften them, and unless you expect that, especially when they come +into this assembly, they will salute every one of us kindly, and +address us courteously. + +III. Do you not recollect, in the name of the immortal gods! what +resolutions you have given utterance to against those men? You have +repealed the acts of Marcus Antonius; you have taken down his laws; +you have voted that they were carried by violence, and with a +disregard of the auspices; you have called out the levies throughout +all Italy; you have pronounced that colleague and ally of all +wickedness a public enemy. What peace can there be with this man? Even +if he were a foreign enemy, still, after such actions as have taken +place, it would be scarcely possible, by any means whatever, to have +peace. Though seas and mountains, and vast regions lay between you, +still you would hate such a man without seeing him. But these men will +stick to your eyes, and when they can, to your very throats; for what +fences will be strong enough for us to restrain savage beasts?--Oh, +but the result of war is uncertain. It is at all events in the power +of brave men, such as you ought to be, to display your valour, (for +certainly brave men can do that,) and not to fear the caprice of +fortune. + +But since it is not only courage but wisdom also which is expected +from this order, (although these qualities appear scarcely possible to +be separated, still let us separate them here,) courage bids us fight, +inflames our just hatred, urges us to the conflict, summons us to +danger. What says wisdom? She uses more cautious counsels, she +is provident for the future, she is in every respect more on the +defensive. What then does she think? for we must obey her, and we are +bound to consider that the best thing which is arranged in the most +prudent manner. If she enjoins me to think nothing of more consequence +than my life, not to fight at the risk of my life, but to avoid all +danger, I will then ask her whether I am also to become a slave when +I have obeyed all these injunctions? If she says, yes, I for one will +not listen to that Wisdom, however learned she may be, but if the +answer is, Preserve your life and your safety, Preserve your fortune, +"Preserve your estate, still, however, considering all these things of +less value than liberty, therefore enjoy these things if you can do +so consistently with the freedom of the republic, and do not abandon +liberty for them, but sacrifice them for liberty, as proofs of the +injury you have sustained,"--then I shall think that I really am +listening to the voice of Wisdom, and I will obey her as a god. +Therefore, if when we have received those men we can still be free, +let us subdue our hatred to them, and endure peace, but if there can +be no tranquillity while those men are in safety, then let us rejoice +that an opportunity of fighting them is put in our power. For so, +either (these men being conquered) we shall enjoy the republic +victorious, or, if we be defeated (but may Jupiter avert that +disaster), we shall live, if not with an actual breath, at all events +in the renown of our valour. + +IV. But Marcus Lepidus, having been a second time styled Imperator, +Pontifex Maximus, a man who deserved excellently well of the republic +in the last civil war, exhorts us to peace. No one, O conscript +fathers, has greater weight with me than Marcus Lepidus, both on +account of his personal virtues and by reason of the dignity of his +family. There are also private reasons which influence me, such as +great services he has done me, and some kindnesses which I have done +him. But the greatest of his services I consider to be his being of +such a disposition as he is towards the republic, which has at all +times been dearer to me than my life. For when by his influence he +inclined Magnus Pompeius, a most admirable young man, the son of +one of the greatest of men, to peace, and without arms released the +republic from imminent danger of civil war, by so doing he laid me +under as great obligations as it was in the power of any man to do. +Therefore I proposed to decree to him the most ample honours that were +in my power, in which you agreed with me, nor have I ceased both to +think and speak in the highest terms of him. The republic has Marcus +Lepidus bound to it by many pledges. He is a man of the highest rank, +of the greatest honours, he has the most honourable priesthood, and +has received numberless distinctions in the city. There are monuments +of himself, and of his brother, and of his ancestors; he has a most +excellent wife, children such as any man might desire, an ample family +estate, untainted with the blood of his fellow-citizens. No citizen +has been injured by him; many have been delivered from misery by his +kindness and pity. Such a man and such a citizen may indeed err in +his opinion, but it is quite impossible for him in inclination to be +unfriendly to the republic. + +Marcus Lepidus is desirous of peace. He does well especially if he can +make such a peace as he made lately, owing to which the republic will +behold the son of Cnaeus Pompeius, and will receive him in her bosom +and embrace; and will think, that not he alone, but that she also is +restored to herself with him. This was the reason why you decreed to +him a statue in the rostra with an honourable inscription, and why +you voted him a triumph in his absence. For although he had performed +great exploits in war, and such as well deserved a triumph, still for +that he might not have had that given to him which was not given to +Lucius aemilius, nor to aemilianus Scipio, nor to the former Africanus, +nor to Marius, nor to Pompeius, who had the conduct of greater wars +than he had, but because he had put an end to a civil war in perfect +silence, the first moment that it was in his power, on that account +you conferred on him the greatest honours. + +V. Do you think, then, O Marcus Lepidus, that the Antonii will be to +the republic such citizens as she will find Pompeius? In the one there +is modesty, gravity, moderation, integrity; in them (and when I speak +of them, I do not mean to omit one of that band of pirates), there is +lust, and wickedness, and savage audacity capable of every crime. I +entreat of you, O conscript fathers, which of you fails to see this +which Fortune herself, who is called blind, sees? For, saving the acts +of Caesar, which we maintain for the sake of harmony, his own house +will be open to Pompeius, and he will redeem it for the same sum for +which Antonius bought it. Yes, I say the son of Cnaeus Pompeius will +buy back his house. O melancholy circumstance! But these things have +been already lamented long and bitterly enough. You have voted a sum +of money to Cnaeus Pompeius, equal to that which his conquering +enemy had appropriated to himself of his father's property in the +distribution of his booty. But I claim permission to manage this +distribution myself, as due to my connexion and intimacy with his +father. He will buy back the villas, the houses, and some of the +estates in the city which Antonius is in possession of. For as for the +silver plate, the garments, the furniture, and the wine which that +glutton has made away with, those things he will lose without +forfeiting his equanimity. The Alban and Firmian villas he will +recover from Dolabella; the Tusculan villa he will also recover from +Antonius. And these Ansers who are joining in the attack on Mutina and +in the blockade of Decimus Brutus will be driven from his Falernian +villa. There are many others, perhaps, who will be made to disgorge +their plunder, but their names escape my memory. I say, too, that +those men who are not in the number of our enemies, will be made to +restore the possessions of Pompeius to his son for the price at which +they bought them. It was the act of a sufficiently rash man, not to +say an audacious one, to touch a single particle of that property; +but who will have the face to endeavour to retain it, when its most +illustrious owner is restored to his country? Will not that man +restore his plunder, who enfolding the patrimony of his master in +his embrace, clinging to the treasure like a dragon, the slave of +Pompeius, the freedman of Caesar, has seized upon his estates in +the Lucanian district? And as for those seven hundred millions of +sesterces which you, O conscript fathers, promised to the young man, +they will be recovered in such a manner that the son of Cnaeus Pompeius +will appear to have been established by you in his patrimony. This +is what the senate must do; the Roman people will do the rest +with respect to that family which was at one time one of the most +honourable it ever saw. In the first place, it will invest him with +his father's honour as an augur, for which rank I will nominate him +and promote his election, in order that I may restore to the son what +I received from the father. Which of these men will the Roman people +most willingly sanction as the augur of the all-powerful and +all-great Jupiter, whose interpreters and messengers we have been +appointed,--Pompeius or Antonius? It seems indeed, to me, that Fortune +has managed this by the divine aid of the immortal gods, that, leaving +the acts of Caesar firmly ratified, the son of Cnaeus Pompeius might +still be able to recover the dignities and fortunes of his father. + +VI. And I think, O conscript fathers, that we ought not to pass over +that fact either in silence,--that those illustrious men who are +acting as ambassadors, Lucius Paullus, Quintus Thermus, and Caius +Fannius, whose inclinations towards the republic you are thoroughly +acquainted with, and also with the constancy and firmness of that +favourable inclination, report that they turned aside to Marseilles +for the purpose of conferring with Pompeius, and that they found him +in a disposition very much inclined to go with his troops to Mutina, +if he had not been afraid of offending the minds of the veterans. But +he is a true son of that father who did quite as many things wisely +as he did bravely. Therefore you perceive that his courage was quite +ready, and that prudence was not wanting to him. + +And this, too, is what Marcus Lepidus ought to take care of,--not +to appear to act in any respect with more arrogance than suits his +character. For if he alarms us with his army, he is forgetting that +that army belongs to the senate, and to the Roman people, and to the +whole republic, not to himself. "But he has the power to use it as +if it were his own." What then? Does it become virtuous men to do +everything which it is in their power to do? Suppose it be a base +thing? Suppose it be a mischievous thing? Suppose it be absolutely +unlawful to do it? + +But what can be more base, or more shameful, or more utterly +unbecoming, than to lead an army against the senate, against one's +fellow-citizens, against one's country? Or what can deserve greater +blame than doing that which is unlawful? But it is not lawful for any +one to lead an army against his country? if indeed we say that that is +lawful which is permitted by the laws or by the usages and established +principles of our ancestors. For it does not follow that whatever +a man has power to do is lawful for him to do; nor, if he be not +hindered, is he on that account permitted to do so. For to you, O +Lepidus, as to your ancestors, your country has given an army to be +employed in her cause. With this army you are to repel the enemy, you +are to extend the boundaries of the empire, you are to obey the senate +and people of Rome, if by any chance they direct you to some other +object. + +VII. If these are your thoughts, then are you really Marcus Lepidus +the Pontifex Maximus, the great-grandson of Marcus Lepidus, Pontifex +Maximus. If you judge that everything is lawful for men to do that +they have the power to do, then beware lest you seem to prefer acting +on precedents set by those who have no connexion with you, and these, +too, modern precedents, to being guided by the ancient examples in +your own family. But if you interpose your authority without having +recourse to arms, in that case indeed I praise you more; but beware +lest this thing itself be quite unnecessary. For although there is all +the authority in you that there ought to be in a man of the highest +rank, still the senate itself does not despise itself; nor was it ever +more wise, more firm, more courageous. We are all hurried on with the +most eager zeal to recover our freedom. Such a general ardour on the +part of the senate and people of Rome cannot be extinguished by the +authority of any one: we hate a man who would extinguish it; we are +angry with him, and resist him; our arms cannot be wrested from our +hands; we are deaf to all signals for retreat, to all recal from the +combat. We hope for the happiest success; we will prefer enduring the +bitterest disaster to being slaves. Caesar has collected an invincible +army. Two perfectly brave consuls are present with their forces. The +various and considerable reinforcements of Lucius Plancus, consul +elect, are not wanting. The contest is for the safety of Decimus +Brutus. One furious gladiator, with a band of most infamous robbers, +is waging war against his country, against our household gods, against +our altars and our hearths, against four consuls. Shall we yield to +him? Shall we listen to the conditions which he proposes? Shall we +believe it possible for peace to be made with him? + +VIII. But there is danger of our being overwhelmed. I have no fear +that the man who cannot enjoy his own most abundant fortunes, unless +all the good men are saved, will betray his own safety. It is nature +which first makes good citizens, and then fortune assists them. For it +is for the advantage of all good men that the republic should be safe; +but that advantage appears more clearly in the case of those who are +fortunate. Who is more fortunate than Lentulus, as I said before, and +who is more sensible? The Roman people saw his sorrow and his tears at +the Lupercal festival. They saw how miserable, how overwhelmed he was +when Antonius placed a diadem on Caesar's head and preferred being his +slave to being his colleague. And even if he had been able to abstain +from his other crimes and wickednesses, still on account of that one +single action I should think him worthy of all punishment. For even if +he himself was calculated to be a slave, why should he impose a master +on us? And if his childhood had borne the lusts of those men who were +tyrants over him, was he on that account to prepare a master and a +tyrant to lord it over our children? Therefore since that man was +slain, he himself has behaved to all others in the same manner as he +wished him to behave to us. + +For in what country of barbarians was there ever so foul and cruel a +tyrant as Antonius, escorted by the arms of barbarians, has proved in +this city? When Caesar was exercising the supreme power, we used to +come into the senate, if not with freedom, at all events with safety. +But under this arch-pirate, (for why should I say tyrant?) these +benches were occupied by Itureans. On a sudden he hastened to +Brundusium, in order to come against this city from thence with +a regular army. He deluged Suessa, a most beautiful town, now of +municipal citizens, formerly of most honourable colonists, with the +blood of the bravest soldiers. At Brundusium he massacred the chosen +centurions of the Martial legion in the lap of his wife, who was not +only most avaricious but also most cruel. After that with what fury, +with what eagerness did he hurry on to the city, that is to say, to +the slaughter of every virtuous man! But at that time the immortal +gods brought to us a protector whom we had never seen nor expected. + +IX. For the incredible and godlike virtue of Caesar checked the cruel +and frantic onslaught of that robber, whom then that madman believed +that he was injuring with his edicts, ignorant that all the charges +which he was falsely alleging against that most righteous young man, +were all very appropriate to the recollections of his own childhood. +He entered the city, with what an escort, or rather with what a troop! +when on the right hand and on the left, amid the groans of the Roman +people, he was threatening the owners of property, taking notes of the +houses, and openly promising to divide the city among his followers. +He returned to his soldiers; then came that mischievous assembly at +Tibur. From thence he hurried to the city; the senate was convened at +the Capitol. A decree with the authority of the consuls was prepared +for proscribing the young man; when all on a sudden (for he was aware +that the Martial legion had encamped at Alba) news is brought him of +the proceedings of the fourth legion. + +Alarmed at that, he abandoned his intention of submitting a motion to +the senate respecting Caesar. He departed not by the regular roads, but +by the by-lanes, in the robe of a general; and on that very self-same +day he trumped up a countless number of resolutions of the senate; all +of which he published even before they were drawn up. From thence it +was not a journey, but a race and flight into Gaul. He thought that +Caesar was pursuing him with the fourth legion, with the martial +legion, with the veterans, whose very name he could not endure for +fright. Then, as he was making his way into Gaul, Decimus Brutus +opposed him; who preferred being himself surrounded by the waves of +the whole war, to allowing him either to retreat or advance; and who +put Mutina on him as a sort of bridle to his exultation. And when he +had blockaded that city with his works and fortifications, and when +the dignity of a most flourishing colony, and the majesty of a consul +elect, were both insufficient to deter him from his parricidal +treason, then, (I call you, and the Roman people, and all the gods who +preside over this city, to witness,) against my will, and in spite of +my resistance and remonstrance, three ambassadors of consular rank +were sent to that robber, to that leader of gladiators, Marcus +Antonius. + +Who ever was such a barbarian? Who was ever so savage? so brutal? He +would not listen to them; he gave them no answer; and he not only +despised and showed that he considered of no importance those men who +were with him, but still more us, by whom these men had been sent. And +afterwards what wickedness, or what crime was there which that traitor +abstained from? He blockaded your colonists, and the army of the Roman +people, and your general, and your consul elect. He lays waste the +lands of a nation of most excellent citizens. Like a most inhuman +enemy he threatens all virtuous men with crosses and tortures. + +X. Now what peace, O Marcus Lepidus, can exist with this man? when it +does not seem that there is even any punishment which the Roman people +can think adequate to his crimes? + +But if any one has hitherto been able to doubt the fact, that there +can be nothing whatever in common between this order and the Roman +people and that most detestable beast, let him at least cease to +entertain such a doubt, when he becomes acquainted with this letter +which I have just received, it having been sent to me by Hirtius the +consul. While I read it, and while I briefly discuss each paragraph, I +beg, O conscript fathers, that you will listen to me most attentively, +as you have hitherto done. + +"Antonius to Hirtius and Caesar." + +He does not call himself imperator, nor Hirtius consul, nor Caesar +pro-praetor. This is cunningly done enough. He preferred laying aside +a title to which he had no right himself, to giving them their proper +style. + +"When I heard of the death of Caius Trebonius, I was not more rejoiced +than grieved." + +Take notice why he says he rejoiced, why he says that he was grieved; +and then you will be more easily able to decide the question of peace. + +"It was a matter of proper rejoicing that a wicked man had paid the +penalty due to the bones and ashes of a most illustrious man, and that +the divine power of the gods had shown itself before the end of the +current year, by showing the chastisement of that parricide already +inflicted in some cases, and impending in others." + +O you Spartacus! for what name is more fit for you? you whose +abominable wickedness is such as to make even Catiline seem tolerable. +Have you dared to write that it is a matter of rejoicing that +Trebonius has suffered punishment? that Trebonius was wicked? What was +his crime, except that on the ides of March he withdrew you from the +destruction which you had deserved? Come; you rejoice at this; let us +see what it is that excites your indignation. + +"That Dolabella should at this time have been pronounced a public +enemy because he has slain an assassin; and that the son of a buffoon +should appear dearer to the Roman people than Caius Caesar, the father +of his country, are circumstances to be lamented." + +Why should you be sad because Dolabella has been pronounced a public +enemy? Why? Are you not aware that you yourself--by the fact of an +enlistment having taken place all over Italy, and of the consuls being +sent forth to war, and of Caesar having received great honours, and +of the garb of war having been assumed--have also been pronounced an +enemy? And what reason is there, O you wicked man, for lamenting that +Dolabella has been declared an enemy by the senate? a body which you +indeed think of no consequence at all; but you make it your main +object in waging war utterly to destroy the senate, and to make all +the rest of those who are either virtuous or wealthy follow the fate +of the highest order of all. But he calls him the son of a buffoon. As +if that noble Roman knight the father of Trebonius were unknown to us. +And does he venture to look down on any one because of the meanness of +his birth, when he has himself children by Fadia? + +XL "But it is the bitterest thing of all that you, O Aulus Hirtius, +who have been distinguished by Caesar's kindness, and who have been +left by him in a condition which you yourself marvel at. [lacuna]" + +I cannot indeed deny that Aulus Hirtius was distinguished by Caesar, +but such distinctions are only of value when conferred on virtue and +industry. But you, who cannot deny that you also were distinguished +by Caesar, what would you have been if he had not showered so many +kindnesses on you? Where would your own good qualities have borne you? +Where would your birth have conducted you? You would have spent the +whole period of your manhood in brothels, and cookshops, and in +gambling and drinking, as you used to do when you were always burying +your brains and your beard in the laps of actresses. + +"And you too, O boy--" + +He calls him a boy whom he has not only experienced and shall again +experience to be a man, but one of the bravest of men. It is indeed +the name appropriate to his age; but he is the last man in the world +who ought to use it, when it is his own madness that has opened to +this boy the path to glory. + +"You who owe everything to his name--" + +He does indeed owe everything, and nobly is he paying it. For if he +was the father of his country, as you call him, (I will see hereafter +what my opinion of that matter is,) why is not this youth still more +truly our father, to whom it certainly is owing that we are now +enjoying life, saved out of your most guilty hands! + +"Are taking pains to have Dolabella legally condemned." + +A base action, truly! by which the authority of this most honourable +order is defended against the insanity of a most inhuman gladiator. + +"And to effect the release of this poisoner from blockade." + +Do you dare to call that man a poisoner who has found a remedy against +your own poisoning tricks? and whom you are besieging in such a +manner, O you new Hannibal, (or if there was ever any abler general +than he,) as to blockade yourself, and to be unable to extricate +yourself from your present position, should you be ever so desirous to +do so? Suppose you retreat; they will all pursue you from all sides. +Suppose you stay where you are; you will be caught. You are very +right, certainly, to call him a poisoner, by whom you see that your +present disastrous condition has been brought about. + +"In order that Cassius and Brutus may become as powerful as possible." + +Would you suppose that he is speaking of Censorinus, or of Ventidius, +or of the Antonii themselves. But why should they be unwilling that +those men should become powerful, who are not only most excellent and +nobly born men, but who are also united with them in the defence of +the republic? + +"In fact, you look upon the existing circumstances as you did on the +former ones." + +What can he mean? + +"You used to call the camp of Pompeius the senate." + +XII. Should we rather call your camp the senate? In which you are the +only man of consular rank, you whose whole consulship is effaced from +every monument and register; and two praetors, who are afraid that +they will lose something by us,--a groundless fear. For we are +maintaining all the grants made by Caesar; and men of praetorian rank, +Philadelphus Annius, and that innocent Gallius; and men of aedilitian +rank, he on whom I have spent so much of my lungs and voice, +Bestia, and that patron of good faith and cheater of his creditors, +Trebellius, and that bankrupt and ruined man Quintus Caelius, and that +support of the friends of Antonius Cotyla Varius, whom Antonius for +his amusement caused at a banquet to be flogged with thongs by the +public slaves. Men of septemviral rank, Lento and Nucula, and then +that delight and darling of the Roman people, Lucius Antonius. And for +tribunes, first of all two tribunes elect, Tullus Hostilius, who was +so full of his privileges as to write up his name on the gate of Rome; +and who, when he found himself unable to betray his general, deserted +him. The other tribune elect is a man of the name of Viseius; I know +nothing about him; but I hear that he is (as they say) a bold robber; +who, however, they say was once a bathing man at Pisaurum, and a +very good hand at mixing the water. Then there are others too, of +tribunitian rank: in the first place, Titus Plancus; a man who, if +he had had any affection for the senate, would never have burnt the +senate-house. Having been condemned for which wickedness, he returned +to that city by force of arms from which he was driven by the power of +the law. But, however, this is a case common to him and to many others +who are very unlike him. But this is quite true which men are in the +habit of saying of this Plancus in a proverbial way, that it is quite +impossible for him to die unless his legs are broken.[50] They are +broken, and still he lives. But this, like many others, is a service +that has been done us by Aquila. + +XIII. There is also in that camp Decius, descended, as I believe, from +the great Decius Mus; accordingly he gained[51] the gifts of Caesar. +And so after a long interval the recollection of the Decii is renewed +by this illustrious man. And how can I pass over Saxa Decidius, a +fellow imported from the most distant nations, in order that we might +see that man tribune of the people whom we had never beheld as a +citizen? There is also one of the Sasernae; but all of them have such +a resemblance to one another, that I may make a mistake as to their +first names. Nor must I omit Exitius, the brother of Philadelphus the +quaestor; lest, if I were to be silent about that most illustrious +young man, I should seem to be envying Antonius. There is also a +gentleman of the name of Asinius, a voluntary senator, having been +elected by himself. He saw the senate-house open after the death of +Caesar, he changed his shoes, and in a moment became a conscript +father. Sextus Albedius I do not know, but still I have not fallen in +with any one so fond of evil-speaking, as to deny that he is worthy of +a place in the senate of Antonius. + +I dare say that I have passed over some names; but still I could not +refrain from mentioning those who did occur to me. Relying then on +this senate, he looks down on the senate which supported Pompeius, in +which ten of us were men of consular rank; and if they were all alive +now this war would never have arisen at all. Audacity would have +succumbed to authority. But what great protection there would have +been in the rest may be understood from this, that I, when left alone +of all that band, with your assistance crushed and broke the audacity +of that triumphant robber. + +XIV. But if Fortune had not taken from us not only Servius Sulpicius, +and before him, his colleague Marcus Marcellus,--what citizens! What +men! If the republic had been able to retain the two consuls, men most +devoted to their country, who were driven together out of Italy; and +Lucius Afranius, that consummate general; and Publius Lentulus, a +citizen who displayed his extraordinary virtue on other occasions, and +especially in the securing my safe return; and Bibulus, whose constant +and firm attachment to the republic has at all times been deservedly +praised; and Lucius Domitius, that most excellent citizen; and Appius +Claudius, a man equally distinguished for nobleness of birth and for +attachment to the state; and Publius Scipio, a most illustrious man, +closely resembling his ancestors. Certainly with these men of consular +rank,[52] the senate which supported Pompeius was not to be despised. + +Which, then, was more just, which was more advantageous for the +republic, that Cnaeus Pompeius, or that Antonius the brother who +bought all Pompeius's property, should live? And then what men of +praetorian rank were there with us! the chief of whom was Marcus Cato, +being indeed the chief man of any nation in the world for virtue. Why +need I speak of the other most illustrious men? you know them all. I +am more afraid lest you should think me tedious for enumerating so +many, than ungrateful for passing over any one. And what men of +aedilitian rank! and of tribunitian rank! and of quaestorian rank! +Why need I make a long story of it, so great was the dignity of the +senators of our party, so great too were their numbers, that those men +have need of some very valid excuse who did not join that camp. Now +listen to the rest of the letter. + +XV. "You have the defeated Cicero for your general." + +I am the more glad to hear that word "general," because he certainly +uses it against his will, for as for his saying "defeated," I do not +mind that, for it is my fate that I can neither be victorious nor +defeated without the republic being so at the same time. + +"You are fortifying Macedonia with armies". + +Yes, indeed, and we have wrested one from your brother, who does not +in the least degenerate from you. + +"You have entrusted Africa to Varus, who has been twice taken +prisoner". + +Here he thinks that he is making out a case against his own brother +Lucius. + +"You have sent Capius into Syria". + +Do you not see then, O Antonius, that the whole world is open to our +party, but that you have no spot out of your own fortifications, where +you can set your foot? + +"You have allowed Casca to discharge the office of tribune". + +What then? Were we to remove a man, as if he had been Marullus,[53] +or Caesetius, to whom we own it, that this and many other things like +this can never happen for the future? + +"You have taken away from the Luperci the revenues which Julius Caesar +assigned to them." + +Does he dare to make mention of the Luperci? Does he not shudder at +the recollection of that day on which, smelling of wine, reeking with +perfumes, and naked, he dared to exhort the indignant Roman people to +embrace slavery? + +"You, by a resolution of the senate, have removed the colonies of the +veterans which had been legally settled". + +Have we removed them, or have we rather ratified a law which was +passed in the comitia centunata? See, rather, whether it is not you +who have ruined these veterans (those at least who are ruined,) and +settled them in a place from which they themselves now feel that they +shall never be able to make their escape. + +"You are promising to restore to the people of Marseilles what has +been taken from them by the laws of war." + +I am not going to discuss the laws of war. It is a discussion far more +easy to begin than necessary. But take notice of this, O conscript +fathers, what a born enemy to the republic Antonius is, who is so +violent in his hatred of that city which he knows to have been at all +times most firmly attached to this republic. + +XVI. "[Do you not know] that no one of the party of Pompeius, who is +still alive, can, by the Hirtian law, possess any rank?" + +What, I should like to know, is the object of now making mention of +the Hirtian law?--a law of which I believe the framer himself repents +no less than those against whom it was passed. According to my +opinion, it is utterly wrong to call it a law at all; and, even if it +be a law, we ought not to think it a law of Hirtius. + +"You have furnished Brutus with money belonging to Apuleius." + +Well? Suppose the republic had furnished that excellent man with all +its treasures and resources, what good man would have disapproved of +it? For without money he could not have supported an army, nor without +an army could he have taken your brother prisoner. + +"You have praised the execution of Paetus and Menedemus, men who had +been presented with the freedom of the city, and who were united by +ties of hospitality to Caesar." + +We do not praise what we have never even heard of; we were very +likely, in such a state of confusion, and such a critical period of +the republic, to busy our minds about two worthless Greeklings! + +"You took no notice of Theopompus having been stripped, and driven out +by Trebonius, and compelled to flee to Alexandria." + +The senate has indeed been very guilty! We have taken no notice of +that great man Theopompus! Why, who on earth knows or cares where he +is, or what he is doing; or, indeed, whether he is alive or dead? "You +endure the sight of Sergius Galba in your camp, armed with the same +dagger with which he slew Caesar." + +I shall make you no reply at all about Galba; a most gallant and +courageous citizen. He will meet you face to face; and he being +present, and that dagger which you reproach him with, shall give you +your answer. + +"You have enlisted my soldiers, and many veterans, under the pretence +of intending the destruction of those men who slew Caesar; and then, +when they expected no such step, you have led them on to attack their +quaestor, their general, and their former comrades!" + +No doubt we deceived them; we humbugged them completely! no doubt the +Martial legion, the fourth legion, and the veterans had no idea what +was going on! They were not following the authority of the senate, +or the liberty of the Roman people.--They were anxious to avenge the +death of Caesar, which they all regarded as an act of destiny! No +doubt you were the person whom they were anxious to see safe, and +happy, and flourishing! + +XVII. Oh miserable man, not only in fact, but also in the circumstance +of not perceiving yourself how miserable you are! But listen to the +most serious charge of all. + +"In fact, what have you not sanctioned,--what have you not done? what +would be done if he were to come to life again, by?--" + +By whom? For I suppose he means to bring forward some instance of a +very wicked man. + +"Cnaeus Pompeius himself?" + +Oh how base must we be, if indeed we have been imitating Cnaeus +Pompeius! + +"Or his son, if he could be at home?" + +He soon will be at home, believe me; for in a very few days he will +enter on his home, and on his father's villas. + +"Lastly, you declare that peace cannot be made unless I either allow +Brutus to quit Mutina, or supply him with corn." + +It is others who say that: I say, that even if you were to do so, +there never could be peace between this city and you. + +"What? is this the opinion of those veteran soldiers, to whom as yet +either course is open?" + +I do not see that there is any course so open to them, as now to begin +and attack that general whom they previously were so zealous and +unanimous in defending.[54] + +"Since you yourselves have sold yourselves for flatteries and poisoned +gifts". + +Are those men depraved and corrupted, who have been persuaded to +pursue a most detestable enemy with most righteous war? + +"But you say, you are bringing assistance to troops who are hemmed in. +I have no objection to their being saved, and departing wherever you +wish, if they only allow that man to be put to death who has deserved +it." + +How very kind of him! The soldiers availing themselves of the +liberality of Antonius have deserted their general, and have fled in +alarm to his enemy, and if it had not been for them, Dolabella, in +offering the sacrifice which he did to the shade of his general, would +not have been beforehand with Antonius in propitiating the spirit of +his colleague by a similar offering. + +"You write me word that there has been mention of peace made in +the senate, and that five ambassadors of consular rank have been +appointed. It is hard to believe that those men, who drove me in haste +from the city, when I offered the fairest conditions, and when I was +even thinking of relaxing somewhat of them, should now think of acting +with moderation or humanity. And it is hardly probable, that those +men who have pronounced Dolabella a public enemy for a most righteous +action, should bring themselves to spare us who are influenced by the +same sentiments as he". + +Does it appear a trifling matter, that he confesses himself a partner +with Dolabella in all his atrocities? Do you not see that all these +crimes flow from one source? He himself confesses, shrewdly and +correctly enough, that those who have pronounced Dolabella a public +enemy for a most righteous action (for so it appears to Antonius), +cannot possibly spare him who agrees with Dolabella in opinion. + +XVIII. What can you do with a man who puts on paper and records the +fact, that his agreement with Dolabella is so complete, that he would +kill Trebonius, and, if he could, Brutus and Cassius too, with every +circumstance of torture; and inflict the same punishment on us also? +Certainly, a man who makes so pious and fair a treaty is a citizen to +be taken care of! He, also, complains that the conditions which he +offered, those reasonable and modest conditions, were rejected; +namely, that he was to have the further Gaul,--the province the +most suitable of all for renewing and carrying on the war; that the +legionaries of the Alauda should be judges in the third decury; that +is to say, that there shall be an asylum for all crimes, to the +indelible disgrace of the republic; that his own acts should be +ratified, his,--when not one trace of his consulship has been allowed +to remain! He showed his regard also for the interests of Lucius +Antonius, who had been a most equitable surveyor of private and public +domains, with Nucula and Lento for his colleagues. + +"Consider then, both of you, whether it is more becoming and more +advantageous for your party, for you to seek to avenge the death of +Trebonius, or that of Caesar; and whether it is more reasonable +for you and me to meet in battle, in order that the cause of the +Pompeians, which has so frequently had its throat cut, may the more +easily revive; or to agree together, so as not to be a laughing-stock +to our enemies." + +If its throat had been cut, it never could revive. "Which," says he, +"is more becoming." In this war he talks of what is becoming! "And +more advantageous for your party."--"Parties," you senseless man, is +a suitable expression for the forum, or the senate house. You have +declared a wicked war against your country; you are attacking Mutina; +you are besieging the consul elect; two consuls are carrying on war +against you; and with them, Caesar, the propraetor; all Italy is armed +against you; and then do you call yours "a party," instead of a revolt +from the republic? "To seek to avenge the death of Trebonius, or that +of Caesar." We have avenged Trebonius sufficiently by pronouncing +Dolabella a public enemy. The death of Caesar is best defended by +oblivion and silence. But take notice what his object is.--When +he thinks that the death of Caesar ought to be revenged, he is +threatening with death, not those only who perpetrated that action, +but those also who were not indignant at it. + +XIX. "Men who will count the destruction of either you or me gain +to them. A spectacle which as yet Fortune herself has taken care to +avoid, unwilling to see two armies which belong to one body fighting, +with Cicero acting as master of the show; a fellow who is so far happy +that he has cajoled you both with the same compliments as those with +which he boasted that he had deceived Caesar." + +He proceeds in his abuse of me, as if he had been very fortunate in +all his former reproaches of me; but I will brand him with the +most thoroughly deserved marks of infamy, and pillory him for the +everlasting recollection of posterity. I a "master of the show of +gladiators!" indeed he is not wholly wrong, for I do wish to see the +worst party slain, and the best victorious. He writes that "whichever +of them are destroyed we shall count as so much gain." Admirable gain, +when, if you, O Antonius, are victorious, (may the gods avert such a +disaster!) the death of those men who depart from life untortured will +be accounted happy! He says that Hirtius and Caesar "have been cajoled +by me by the same compliments." I should like to know what compliment +has been as yet paid to Hirtius by me; for still more and greater +ones than have been paid him already are due to Caesar. But do you, +O Antonius, dare to say that Caesar, the father, was deceived by me? +You, it was you, I say, who really slew him at the Lupercal games. +Why, O most ungrateful of men, have you abandoned your office of +priest to him? But remark now the admirable wisdom and consistency of +this great and illustrious man. + +"I am quite resolved to brook no insult either to myself or to my +friends; nor to desert that party which Pompeius hated, nor to allow +the veterans to be removed from their abodes; nor to allow individuals +to be dragged out to torture, nor to violate the faith which I pledged +to Dolabella." + +I say nothing of the rest of this sentence, "the faith pledged to +Dolabella," to that most holy man, this pious gentleman will by no +means violate. What faith? Was it a pledge to murder every virtuous +citizen, to partition the city and Italy, to distribute the provinces +among, and to hand them over to be plundered by, their followers? +For what else was there which could have been ratified by treaty +and mutual pledges between Antonius and Dolabella, those foul and +parricidal traitors? + +"Nor to violate my treaty of alliance with Lepidus, the most +conscientious of men." + +You have any alliance with Lepidus or with any (I will not say +virtuous citizen, as he is, but with any) man in his senses! Your +object is to make Lepidus appear either an impious man, or a madman. +But you are doing no good, (although it is a hard matter to speak +positively of another,) especially with a man like Lepidus, whom I +will never fear, but I shall hope good things of him unless I am +prevented from doing so. Lepidus wished to recal you from your frenzy, +not to be the assistant of your insanity. But you seek your friends +not only among conscientious men, but among _most_ conscientious men. +And you actually, so godlike is your piety, invent a new word to +express it which has no existence in the Latin language. + +"Nor to betray Plancus, the partner of my counsels." + +Plancus, the partner of your counsels? He, whose ever memorable and +divine virtue brings a light to the republic: (unless, mayhap, you +think that it is as a reinforcement to you that he has come with those +most gallant legions, and with a numerous Gallic force of both cavalry +and infantry); and who, if before his arrival you have not by your +punishment made atonement to the republic for your wickedness, will be +chief leader in this war. For although the first succours that arrive +are more useful to the republic, yet the last are the more acceptable. + +XX. However, at last he recollects himself and begins to philosophize. + +"If the immortal gods assist me, as I trust that they will, going on +my way with proper feelings, I shall live happily; but if another fate +awaits me, I have already a foretaste of joy in the certainty of your +punishment. For if the Pompeians when defeated are so insolent, you +will be sure to experience what they will be when victorious." + +You are very welcome to your foretaste of joy. For you are at war not +only with the Pompeians, but with the entire republic. Every one, gods +and men, the highest rank, the middle class, the lowest dregs of the +people, citizens and foreigners, men and women, free men and slaves, +all hate you. We saw this the other day on some false news that came; +but we shall soon see it from the way in which true news is received. +And if you ponder these things with yourself a little, you will die +with more equanimity, and greater comfort. + +"Lastly, this is the sum of my opinion and determination; I will bear +with the insults offered me by my friends, if they themselves are +willing to forget that they have offered them; or if they are prepared +to unite with me in avenging Caesar's death." + +Now that they know this resolution of Antonius, do you think that +Aulus Hirtius and Caius Pansa, the consuls, can hesitate to pass over +to Antonius? to besiege Brutus? to be eager to attack Mutina? Why do I +say Hirtius and Pansa? Will Caesar, that young man of singular piety, +be able to restrain himself from seeking to avenge the injuries of his +father in the blood of Decimus Brutus? Therefore, as soon as they had +read this letter, the course which they adopted was to approach nearer +to the fortifications. And on this account we ought to consider Caesar +a still more admirable young man; and that a still greater kindness of +the immortal gods which gave him to the republic, as he has never been +misled by the specious use of his father's name; nor by any false +idea of piety and affection. He sees clearly that the greatest piety +consists in the salvation of one's country. But if it were a contest +between parties, the name of which is utterly extinct, then would +Antonius and Ventidius be the proper persons to uphold the party of +Caesar, rather than in the first place, Caesar, a young man full of +the greatest piety and the most affectionate recollection of his +parent? and next to him Pansa and Hirtius, who held, (if I may use +such an expression,) the two horns of Caesar, at the time when that +deserved to be called a party. But what parties are these, when the +one proposes to itself to uphold the authority of the senate, the +liberty of the Roman people, and the safety of the republic, while +the other fixes its eyes on the slaughter of all good men, and on the +partition of the city and of Italy. + +XXI. Let us come at last to the end. + +"I do not believe that ambassadors are coming--". + +He knows me well. + +"To a place where war exists." + +Especially with the example of Dolabella before our eyes. Ambassadors, +I should think, will have privileges more respected than two consuls +against whom he is bearing arms; or than Caesar, whose father's priest +he is; or than the consul elect, whom he is attacking; or than Mutina, +which he is besieging; or than his country, which he is threatening +with fire and sword. + +"When they do come I shall see what they demand." + +Plagues and tortures seize you! Will any one come to you, unless he +be a man like Ventidius? We sent men of the very highest character to +extinguish the rising conflagration; you rejected them. Shall we now +send men when the fire has become so large and has risen to such a +height, and when you have left yourself no possible room, not only for +peace, but not even for a surrender? + +I have read you this letter, O conscript fathers, not because I +thought it worth reading, but in order to let you see all his +parricidal treasons revealed by his own confessions. Would Marcus +Lepidus, that man so richly endowed with all the gifts of virtue and +fortune, if he saw this letter, either wish for peace with this man, +or even think it possible that peace should be made? "Sooner shall +fire and water mingle" as some poet or other says; sooner shall +anything in the world happen than either the republic become +reconciled to the Antonii, or the Antonii to the republic. Those men +are monsters, prodigies, portentous pests of the republic. It would +be better for this city to be uplifted from its foundations and +transported, if such a thing were possible, into other regions, where +it should never hear of the actions or the name of the Antonii, than +for it to see those men, driven out by the valour of Caesar, and +hemmed in by the courage of Brutus, inside these walls. The most +desirable thing is victory; the next best thing is to think no +disaster too great to bear in defence of the dignity and freedom of +one's country. The remaining alternative, I will not call it the +third, but the lowest of all, is to undergo the greatest disgrace from +a desire of life. + +Since, then, this is the case, as to the letters and messages of +Marcus Lepidus, that most illustrious man, I agree with Servilius. And +I further give my vote, that Magnus Pompeius, the Son of Cnaeus, has +acted as might have been expected from the affection and zeal of his +father and forefathers towards the republic, and from his own previous +virtue and industry and loyal principles in promising to the senate +and people of Rome his own assistance, and that of those men whom he +had with him; and that that conduct of his is grateful and acceptable +to the senate and people of Rome, and that it shall tend to his own +honour and dignity. This may either be added to the resolution of the +senate which is before us, or it may be separated from it and drawn up +by itself, so as to let Pompeius be seen to be extolled in a distinct +resolution of the senate. + + * * * * * + + + + +THE FOURTEENTH (AND LAST) ORATION OF M.T. CICERO AGAINST MARCUS +ANTONIUS. CALLED ALSO THE FOURTEENTH PHILIPPIC. + + * * * * * + +THE ARGUMENT. + + +After the last speech was delivered, Brutus gained great advantages in +Macedonia over Caius Antonius, and took him prisoner. He treated him +with great lenity, so much so as to displease Cicero, who remonstrated +with him strongly on his design of setting him at liberty. He was also +under some apprehension as to the steadiness of Plancus's loyalty to +the senate; but on his writing to that body to assure them of his +obedience, Cicero procured a vote of some extraordinary honours to +him. + +Cassius also about the same time was very successful in Syria, of +which he wrote Cicero a full account. Meantime reports were being +spread in the city by the partizans of Antonius, of his success before +Mutina; and even of his having gained over the consuls. Cicero too was +personally much annoyed at a report which they spread of his having +formed the design of making himself master of the city and assuming +the title of Dictator; but when Apuleius, one of his friends, and a +tribune of the people, proceeded to make a speech to the people in +Cicero's justification, the people all cried out that he had never +done anything which was not for the advantage of the republic. About +the same time news arrived of a victory gained over Antonius at +Mutina. + +Pansa was now on the point of joining Hirtius with four new legions, +and Antonius endeavoured to surprise him on the road before he could +effect that junction. A severe battle ensued, in which Hirtius came to +Pansa's aid, and Antonius was defeated with great loss. On the receipt +of the news the populace assembled about Cicero's house, and carried +him in triumph to the Capitol. The next day Marcus Cornutus, the +praetor, summoned the senate to deliberate on the letters received +from the consuls and Octavius, giving an account of the victory. +Servilius declared his opinion that the citizens should relinquish the +_sagum_, or robe of war; and that a supplication should be decreed in +honour of the consuls and Octavius. Cicero rose next and delivered the +following speech, objecting to the relinquishment of the robe of war, +and blaming Servilius for not calling Antonius an enemy. + +The measures which he himself proposed were carried. + + +I. IF, O conscript fathers, while I learnt from the letters which have +been read that the army of our most wicked enemies had been defeated +and routed, I had also learnt what we all wish for above all things, +and which we do suppose has resulted from that victory which has +been achieved,--namely, that Decimus Brutus had already quitted +Mutina,--then I should without any hesitation give my vote for our +returning to our usual dress out of joy at the safety of that citizen +on account of whose danger it was that we adopted the robe of war. +But before any news of that event which the city looks for with the +greatest eagerness arrives, we have sufficient reason indeed for joy +at this most important and most illustrious battle; but reserve, I beg +you, your return to your usual dress for the time of complete victory. +But the completion of this war is the safety of Decimus Brutus. + +But what is the meaning of this proposal that our dress shall be +changed just for to-day, and that to-morrow we should again come forth +in the garb of war? Rather when we have once returned to that dress +which we wish and desire to assume, let us strive to retain it for +ever; for this is not only discreditable, but it is displeasing also +to the immortal gods, to leave their altars, which we have approached +in the attire of peace, for the purpose of assuming the garb of war. +And I notice, O conscript fathers, that there are some who favour this +proposal: whose intention and design is, as they see that that will be +a most glorious day for Decimus Brutus on which we return to our usual +dress out of joy for his safety, to deprive him of this great reward, +so that it may not be handed down to the recollection of posterity +that the Roman people had recourse to the garb of war on account of +the danger of one single citizen, and then returned to then gowns of +peace on account of his safety. Take away this reason, and you will +find no other for so absurd a proposal. But do you, O conscript +fathers, preserve your authority, adhere to your own opinions, +preserve in your recollection, what you have often declared, that the +whole result of this entire war depends on the life of one most brave +and excellent man. + +II. For the purpose of effecting the liberation of Decimus Brutus, the +chief men of the state were sent as ambassadors, to give notice to +that enemy and parricidal traitor to retire from Mutina; for the sake +of preserving that same Decimus Brutus, Aulus Hirtius, the consul, +went by lot to conduct the war, a man the weakness of whose bodily +health was made up for by the strength of his courage, and encouraged +by the hope of victory. Caesar, too, after he, with an army levied by +his own resources and on his own authority, had delivered the republic +from the first dangers that assailed it, in order to prevent any +subsequent wicked attempts from being originated, departed to assist +in the deliverance of the same Brutus, and subdued some family +vexation which he may have felt by his attachment to his country. What +other object had Caius Pansa in holding the levies which he did, and +in collecting money, and in carrying the most severe resolutions of +the senate against Antonius, and in exhorting us, and in inviting the +Roman people to embrace the cause of liberty, except to ensure the +deliverance of Decimus Brutus? For the Roman people in crowds demanded +at his hands the safety of Decimus Brutus with such unanimous +outcries, that he was compelled to prefer it not only to any +consideration of his own personal advantage, but even to his own +necessities. And that end we now, O conscript fathers, are entitled to +hope is either at the point of being achieved, or is actually gained, +but it is right for the reward of our hopes to be reserved for the +issue and event of the business, lest we should appear either to have +anticipated the kindness of the gods by our over precipitation, or to +have despised the bounty of fortune through our own folly. + +But since the manner of your behaviour shows plainly enough what you +think of this matter, I will come to the letters which have arrived +from the consuls and the propraetor, after I have said a few words +relating to the letters themselves. + +III. The swords, O conscript fathers, of our legions and armies have +been stained with, or rather, I should say, dipped deep in blood in +two battles which have taken place under the consuls, and a third, +which has been fought under the command of Caesar. If it was the +blood of enemies, then great is the piety of the soldiers; but it is +nefarious wickedness if it was the blood of citizens. How long, then, +is that man, who has surpassed all enemies in wickedness, to be spared +the name of enemy? unless you wish to see the very swords of our +soldiers trembling in their hands while they doubt whether they are +piercing a citizen or an enemy. You vote a supplication; you do not +call Antonius an enemy. Very pleasing indeed to the immortal gods will +our thanksgivings be, very pleasing too the victims, after a multitude +of our citizens has been slain! "For the victory," says the proposer +of the supplication, "over wicked and audacious men." For that is what +this most illustrious man calls them; expressions of blame suited to +lawsuits carried on in the city, not denunciations of searing infamy +such as deserved by internecine war. I suppose they are forging wills, +or trespassing on their neighbours, or cheating some young men; for it +is men implicated in these and similar practices that we are in the +habit of terming wicked and audacious. One man, the foulest of all +banditti, is waging an irreconcileable war against four consuls. He +is at the same time carrying on war against the senate and people of +Rome. He is (although he is himself hastening to destruction, through +the disasters which he has met with) threatening all of us with +destruction, and devastation, and torments, and tortures. He declares +that that inhuman and savage act of Dolabella's, which no nation of +barbarians would have owned, was done by his advice; and what he +himself would do in this city, if this very Jupiter, who now looks +down upon us assembled in his temple, had not repelled him from this +temple and from these walls, he showed, in the miseries of those +inhabitants of Parma, whom, virtuous and honourable men as they were, +and most intimately connected with the authority of this order, and +with the dignity of the Roman people, that villain and monster, Lucius +Antonius, that object of the extraordinary detestation of all men, +and (if the gods hate those whom they ought) of all the gods also, +murdered with every circumstance of cruelty. My mind shudders at the +recollection, O conscript fathers, and shrinks from relating the +cruelties which Lucius Antonius perpetrated on the children and +wives of the citizens of Parma. For whatever infamy the Antonii have +willingly undergone in their own persons to their own infamy, they +triumph in the fact of having inflicted on others by violence. But it +is a miserable violence which they offered to them; most unholy lust, +such as the whole life of the Antonii is polluted with. + +IV. Is there then any one who is afraid to call those men enemies, +whose wickedness he admits to have surpassed even the inhumanity of +the Carthaginians? For in what city, when taken by storm, did Hannibal +even behave with such ferocity as Antonius did in Parma, which he +filched by surprise? Unless, mayhap, Antonius is not to be considered +the enemy of this colony, and of the others towards which he is +animated with the same feelings. But if he is beyond all question the +enemy of the colonies and municipal towns, then what do you consider +him with respect to this city which he is so eager for, to satiate the +indigence of his band of robbers? which that skilful and experienced +surveyor of his, Saxa, has already marked out with his rule. +Recollect, I entreat you, in the name of the immortal gods, O +conscript fathers, what we have been fearing for the last two days, +in consequence of infamous rumours carefully disseminated by enemies +within the walls. Who has been able to look upon his children or upon +his wife without weeping? who has been able to bear the sight of his +home, of his house, and his household gods? Already all of us were +expecting a most ignominious death, or meditating a miserable flight. +And shall we hesitate to call the men at whose hands we feared +all these things enemies? If any one should propose a more severe +designation I will willingly agree to it; I am hardly content with +this ordinary one, and will certainly not employ a more moderate one. + +Therefore, as we are bound to vote, and as Servilius has already +proposed a most just supplication for those letters which have been +read to you; I will propose altogether to increase the number of the +days which it is to last, especially as it is to be decreed in honour +of three generals conjointly. But first of all I will insist on +styling those men imperator by whose valour, and wisdom, and good +fortune we have been released from the most imminent danger of slavery +and death. Indeed, who is there within the last twenty years who +has had a supplication decreed to him without being himself styled +imperator, though he may have performed the most insignificant +exploits, or even almost none at all. Wherefore, the senator who spoke +before me ought either not to have moved for a supplication at all, or +he ought to have paid the usual and established compliment to those +men to whom even new and extraordinary honours are justly due. + +V. Shall the senate, according to this custom which has now obtained, +style a man imperator if he has slain a thousand or two of Spaniards, +or Gauls, or Thracians; and now that so many legions have been routed, +now that such a multitude of enemies has been slain,--aye, enemies, +I say, although our enemies within the city do not fancy this +expression,--shall we pay to our most illustrious generals the honour +of a supplication, and refuse them the name of imperator? For with +what great honour, and joy, and exultation ought the deliverers of +this city themselves to enter into this temple, when yesterday, on +account of the exploits which they have performed, the Roman people +carried me in an ovation, almost in a triumph from my house to the +Capitol, and back again from the Capitol to my own house? That is +indeed in my opinion a just and genuine triumph, when men who have +deserved well of the republic receive public testimony to their merits +from the unanimous consent of the senate. For if, at a time of general +rejoicing on the part of the Roman people, they addressed their +congratulations to one individual, that is a great proof of their +opinion of him; if they gave him thanks, that is a greater still; if +they did both, then nothing more honourable to him can be possibly +imagined. + +Are you saying all this of yourself? some one will ask. It is indeed +against my will that I do so; but my indignation at injustice makes me +boastful, contrary to my usual habit. Is it not sufficient that thanks +should not be given to men who have well earned them, by men who are +ignorant of the very nature of virtue? And shall accusations and odium +be attempted to be excited against those men who devote all their +thoughts to ensuring the safety of the republic? For you well know +that there has been a common report for the last few days, that the +day before the wine feast,[55] that is to say, on this very day, I was +intending to come forth with the fasces as dictator. One would think +that this story was invented against some gladiator, or robber, or +Catiline, and not against a man who had prevented any such step from +ever being taken in the republic. Was I, who defeated and overthrew +and crushed Catiline, when he was attempting such wickedness, a likely +man myself all on a sudden to turn out Catiline? Under what auspices +could I, an augur, take those fasces? How long should I have been +likely to keep them? to whom was I to deliver them as my successor? +The idea of any one having been so wicked as to invent such a tale! +or so mad as to believe it! In what could such a suspicion, or rather +such gossip, have originated? + +VI. When, as you know, during the last three or four days a report of +bad news from Mutina has been creeping abroad, the disloyal part of +the citizens, inflated with exultation and insolence, began to collect +in one place, at that senate-house which has been more fatal to their +party than to the republic. There, while they were forming a plan to +massacre us, and were distributing the different duties among one +another, and settling who was to seize on the Capitol, who on the +rostra, who on the gates of the city, they thought that all +the citizens would flock to me. And in order to bring me into +unpopularity, and even into danger of my life, they spread abroad this +report about the fasces. They themselves had some idea of bringing the +fasces to my house; and then, on pretence of that having been done by +my wish, they had prepared a band of hired ruffians to make an attack +on me as on a tyrant, and a massacre of all of you was intended to +follow. The fact is already notorious, O conscript fathers, but the +origin of all this wickedness will be revealed in its fitting time. + +Therefore Publius Apuleius, a tribune of the people, who ever since my +consulship has been the witness and partaker of, and my assistant +in all my designs and all my dangers could not endure the grief of +witnessing my indignation. He convened a numerous assembly, as the +whole Roman people were animated with one feeling on the subject. And +when in the harangue which he then made, he, as was natural from our +great intimacy and friendship, was going to exculpate me from all +suspicion in the matter of the fasces, the whole assembly cried out +with one voice, that I had never had any intentions with regard to +the republic which were not excellent. After this assembly was over, +within two or three hours, these most welcome messengers and letters +arrived; so that the same day not only delivered me from a most unjust +odium, but increased my credit by that most extraordinary act with +which the Roman people distinguished me. + +I have made this digression, O conscript fathers, not so much for the +sake of speaking of myself, (for I should be in a sorry plight if I +were not sufficiently acquitted in your eyes without the necessity of +making a formal defence,) as with the view of warning some men of too +grovelling and narrow minds, to adopt the line of conduct which I +myself have always pursued, and to think the virtue of excellent +citizens worthy of imitation, not of envy. There is a great field in +the republic, as Crassus used very wisely to say; the road to glory is +open to many. + +VII. Would that those great men were still alive, who, after my +consulship, when I myself was willing to yield to them, were +themselves desirous to see me in the post of leader. But at the +present moment, when there is such a dearth of wise and fearless men +of consular rank, how great do you not suppose must be my grief +and indignation, when I see some men absolutely disaffected to the +republic, others wholly indifferent to everything, others incapable of +persevering with any firmness in the cause which they have espoused; +and regulating their opinions not always by the advantage of the +republic, but sometimes by hope, and sometimes by fear. But if any +one is anxious and inclined to struggle for the leadership--though +struggle there ought to be none--he acts very foolishly, if he +proposes to combat virtue with vices. For as speed is only outstripped +by speed, so among brave men virtue is only surpassed by virtue. +Will you, if I am full of excellent sentiments with respect to the +republic, adopt the worst possible sentiments yourself for the purpose +of excelling me? Or if you see a race taking place for the acquisition +of honours, will you summon all the wicked men you can find to your +banner? I should be sorry for you to do so; first of all, for the sake +of the republic, and secondly, for that of your own dignity. But if +the leadership of the state were at stake, which I have never coveted, +what could be more desirable for me than such conduct on your part? +For it is impossible that I should be defeated by wicked sentiments +and measures,--by good ones perhaps I might be, and I willingly would +be. + +Some people are vexed that the Roman people should see, and take +notice of, and form their opinion on these matters. Was it possible +for men not to form their opinion of each individual as he deserved? +For as the Roman people forms a most correct judgment of the entire +senate, thinking that at no period in the history of the republic was +this order ever more firm or more courageous; so also they all inquire +diligently concerning every individual among us; and especially in the +case of those among us who deliver our sentiments at length in this +place, they are anxious to know what those sentiments are; and in that +way they judge of each one of us, as they think that he deserves. They +recollect that on the nineteenth of December I was the main cause of +recovering our freedom; that from the first of January to this hour I +have never ceased watching over the republic; that day and night my +house and my ears have been open to the instruction and admonition of +every one; that it has been by my letters, and my messengers, and +my exhortations, that all men in every part of the empire have been +roused to the protection of our country; that it is owing to the open +declaration of my opinion ever since the first of January, that no +ambassadors have been ever sent to Antonius; that I have always called +him a public enemy, and this a war; so that I, who on every occasion +have been the adviser of genuine peace have been a determined enemy to +this pretence of fatal peace. + +Have not I also at all times pronounced Ventidius an enemy, when +others wished to call him a tribune of the people? If the consuls had +chosen to divide the senate on my opinion, their arms would long since +have been wrested from the hands of all those robbers by the positive +authority of the senate. + +VIII. But what could not be done then, O conscript fathers, at present +not only can be, but even must be done. I mean, those men who are in +reality enemies must be branded in plain language, must be declared +enemies by our formal resolution. Formerly, when I used the words War +or Enemy, men more than once objected to record my proposition among +the other propositions. But that cannot be done on the present +occasion. For in consequence of the letters of Caius Pansa and Aulus +Hirtius, the consuls, and of Caius Caesar, propraetor, we have all +voted that honours be paid to the immortal gods. The very man who +lately proposed and carried a vote for a supplication, without +intending it pronounced those men enemies; for a supplication has +never been decreed for success in civil war. Decreed, do I say? It has +never even been asked for in the letters of the conqueror. Sylla as +consul carried on a civil war; he led his legions into the city and +expelled whomsoever he chose; he slew those whom he had in his power: +there was no mention made of any supplication. The violent war with +Octavius followed. Cinna the conqueror had no supplication voted +to him. Sylla as imperator revenged the victory of Cinna, still no +supplication was decreed by the senate. I ask you yourself, O Publius +Servilius, did your colleague send you any letters concerning that +most lamentable battle of Pharsalia? Did he wish you to make any +motion about a supplication? Certainly not. But he did afterwards when +he took Alexandria; when he defeated Pharnaces; but for the battle of +Pharsalia he did not even celebrate a triumph. For that battle had +destroyed those citizens whose, I will not say lives, but even +whose victory might have been quite compatible with the safety and +prosperity of the state. And the same thing had happened in the +previous civil wars. For though a supplication was decreed in my +honour when I was consul, though no arms had been had recourse to at +all, still that was voted by a new and wholly unprecedented kind of +decree, not for the slaughter of enemies, but for the preservation of +the citizens. Wherefore, a supplication on account of the affairs of +the republic having been successfully conducted must, O conscript +fathers, be refused by you even though your generals demand it; a +stigma which has never been affixed on any one except Gabinius; or +else, by the mere fact of decreeing a supplication, it is quite +inevitable that you must pronounce those men, for whose defeat you do +decree it, enemies of the state. + +IX. What then Servilius did in effect, I do in express terms, when I +style those men imperators. By using this name, I pronounce those who +have been already defeated, and those who still remain, enemies +in calling their conquerors imperators. For what title can I more +suitably bestow on Pansa? Though he has, indeed, the title of the +highest honour in the republic. What, too, shall I call Hirtius? He, +indeed, is consul; but this latter title is indicative of the kindness +of the Roman people; the other of valour and victory. What? Shall I +hesitate to call Caesar imperator, a man born for the republic by the +express kindness of the gods? He who was the first man who turned +aside the savage and disgraceful cruelty of Antonius, not only from +our throats, but from our limbs and bowels? What numerous and what +important virtues, O ye immortal gods, were displayed on that single +day. For Pansa was the leader of all in engaging in battle and in +combating with Antonius; O general worthy of the martial legion, +legion worthy of its general! Indeed, if he had been able to restrain +its irresistible impetuosity, the whole war would have been terminated +by that one battle. But as the legion, eager for liberty, had rushed +with too much precipitation against the enemy's line of battle, and +as Pansa himself was fighting in the front ranks, he received two +dangerous wounds, and was borne out of the battle, to preserve his +life for the republic. But I pronounce him not only imperator, but +a most illustrious imperator; who, as he had pledged himself to +discharge his duty to the republic either by death or by victory, has +fulfilled one half of his promise; may the immortal gods prevent the +fulfilment of the other half! + +X. Why need I speak of Hirtius? who, the moment he heard of what was +going on, with incredible promptness and courage led forth two legions +out of the camp; that noble fourth legion, which, having deserted +Antonius, formerly united itself to the martial legion; and the +seventh, which, consisting wholly of veterans, gave proof in that +battle that the name of the senate and people of Rome was dear to +those soldiers who preserved the recollection of the kindness of +Caesar. With these twenty cohorts, with no cavalry, while Hirtius +himself was bearing the eagle of the fourth legion,--and we never +heard of a more noble office being assumed by any general,--he +fought with the three legions of Antonius and with his cavalry, and +overthrew, and routed, and put to the sword those impious men who +were the real enemies to this temple of the all-good and all-powerful +Jupiter, and to the rest of the temples of the immortal gods, and the +houses of the city, and the freedom of the Roman people, and our lives +and actual existence; so that that chief and leader of robbers fled +away with a very few followers, concealed by the darkness of night, +and frightened out of all his senses. + +Oh what a most blessed day was that, which, while the carcases of +those parricidal traitors were strewed about everywhere, beheld +Antonius flying with a few followers, before he reached his place of +concealment. + +But will any one hesitate to call Caesar imperator? Most certainly his +age will not deter any one from agreeing to this proposition, since he +has gone beyond his age in virtue. And to me, indeed, the services of +Caius Caesar have always appeared the more thankworthy, in proportion +as they were less to have been expected from a man of his age. For +when we conferred military command on him, we were in fact encouraging +the hope with which his name inspired us; and now that he has +fulfilled those hopes, he has sanctioned the authority of our decree +by his exploits. This young man of great mind, as Hirtius most truly +calls him in his letters, with a few cohorts defended the camp of +many legions, and fought a successful battle. And in this manner the +republic has on one day been preserved in many places by the valour, +and wisdom, and good fortune of three imperators of the Roman people. + +XI. I therefore propose supplications of fifty days in the joint +names of the three. The reasons I will embrace in the words of the +resolution, using the most honourable language that I can devise. + +But it becomes our good faith and our piety to show plainly to our +most gallant soldiers how mindful of their services and how grateful +for them we are; and accordingly I give my vote that our promises, and +those pledges too which we promised to bestow on the legions when the +war was finished, be repeated in the resolution which we are going to +pass this day. For it is quite fair that the honour of the soldiers, +especially of such soldiers as those, should be united with that of +their commanders. And I wish, O conscript fathers, that it was lawful +for us to dispense rewards to all the citizens; although we will give +those which we have promised with the most careful usury. But that +remains, as I well hope, to the conquerors, to whom the faith of the +senate is pledged; and, as they have adhered to it at a most critical +period of the republic, we are bound to take care that they never have +cause to repent of their conduct. But it is easy for us to deal fairly +by those men whose very services, though mute, appear to demand our +liberality. This is a much more praiseworthy and more important duty, +to pay a proper tribute of grateful recollection to the valour of +those men who have shed their blood in the cause of their country. And +I wish more suggestions could occur to me in the way of doing honour +to those men. The two ideas which principally do occur to me, I will +at all events not pass over; the one of which has reference to the +everlasting glory of those bravest of men; the other may tend to +mitigate the sorrow and mourning of their relations. + +XII. I therefore give my vote, O conscript fathers, that the most +honourable monument possible be erected to the soldiers of the martial +legion, and to those soldiers also who died fighting by their side. +Great and incredible are the services done by this legion to the +republic. This was the first legion to tear itself from the piratical +band of Antonius; this was the legion which encamped at Alba; this was +the legion that went over to Caesar; and it was in imitation of the +conduct of this legion that the fourth legion has earned almost equal +glory for its virtue. The fourth is victorious without having lost a +man; some of the martial legion fell in the very moment of victory. Oh +happy death, which, due to nature, has been paid in the cause of one's +country! But I consider you men born for your country; you whose very +name is derived from Mars, so that the same god who begot this city +for the advantage of the nations, appears to have begotten you for +the advantage of this city. Death in flight is infamous; in victory +glorious. In truth, Mars himself seems to select all the bravest men +from the battle array. Those impious men whom you slew, shall even in +the shades below pay the penalty of their parricidal treason. But you, +who have poured forth your latest breath in victory, have earned an +abode and place among the pious. A brief life has been allotted to us +by nature; but the memory of a well-spent life is imperishable. And if +that memory were no longer than this life, who would be so senseless +as to strive to attain even the highest praise and glory by the most +enormous labours and dangers? + +You then have fared most admirably, being the bravest of soldiers +while you lived, and now the most holy of warriors, because it will +be impossible for your virtue to be buried, either through the +forgetfulness of the men of the present age, or the silence of +posterity, since the senate and Roman people will have raised to you +an imperishable monument, I may almost say with their own hands. Many +armies at various times have been great and illustrious in the Punic, +and Gallic, and Italian wars; but to none of them have honours been +paid of the description which are now conferred on you. And I wish +that we could pay you even greater honours, since we have received +from you the greatest possible services. You it was who turned aside +the furious Antonius from this city; you it was who repelled him when +endeavouring to return. There shall therefore be a vast monument +erected with the most sumptuous work, and an inscription engraved upon +it, as the everlasting witness of your god-like virtue. And never +shall the most grateful language of all who either see or hear of your +monument cease to be heard. And in this manner you, in exchange for +your mortal condition of life, have attained immortality. + +XIII. But since, O conscript fathers, the gift of glory is conferred +on these most excellent and gallant citizens by the honour of a +monument, let us comfort their relations, to whom this indeed is +the best consolation. The greatest comfort for their parents is the +reflection that they have produced sons who have been such bulwarks of +the republic; for their children, that they will have such examples of +virtue in their family; for their wives, that the husbands whom they +have lost are men whom it is a credit to praise, and to have a right +to mourn for; and for their brothers, that they may trust that, as +they resemble them in their persons, so they do also in their virtues. + +Would that we were able by the expression of our sentiments and by our +votes to wipe away the tears of all these persons; or that any such +oration as this could be publicly addressed to them, to cause them to +lay aside their grief and mourning, and to rejoice rather, that, while +many various kinds of death impend over men, the most honourable kind +of all has fallen to the lot of their friends; and that they are not +unburied, nor deserted; though even that fate, when incurred for one's +country, is not accounted miserable; nor burnt with equable obsequies +in scattered graves, but entombed in honourable sepulchres, and +honoured with public offerings; and with a building which will be an +altar of their valour to ensure the recollection of eternal ages. + +Wherefore it will be the greatest possible comfort to their relations, +that by the same monument are clearly displayed the valour of their +kinsmen, and also their piety, and the good faith of the senate, and +the memory of this most inhuman war, in which, if the valour of the +soldiers had been less conspicuous, the very name of the Roman people +would have perished by the parricidal treason of Marcus Antonius. +And I think also, O conscript fathers, that those rewards which we +promised to bestow on the soldiers when we had recovered the republic, +we should give with abundant usury to those who are alive and +victorious when the time comes; and that in the case of the men to +whom those rewards were promised, but who have died in the defence of +their country, I think those same rewards should be given to their +parents or children, or wives or brothers. + +XIV. But that I may reduce my sentiments into a formal motion, I give +my vote that: + +"As Caius Pansa, consul, imperator, set the example of fighting with +the enemy in a battle in which the martial legion defended the freedom +of the Roman people with admirable and incredible valour, and the +legions of the recruits behaved equally well; and as Caius Pansa, +consul, imperator, while engaged in the middle of the ranks of the +enemy received wounds; and as Aulus Hirtius, consul, imperator, the +moment that he heard of the battle, and knew what was going on, with a +most gallant and loyal soul, led his army out of his camp and attacked +Marcus Antonius and his army, and put his troops to the sword, with so +little injury to his own army that he did not lose one single man; and +as Caius Caesar, propraetor, imperator, with great prudence and energy +defended the camp successfully, and routed and put to the sword the +forces of the enemy which had come near the camp: + +"On these accounts the senate thinks and declares that the Roman +people has been released from the most disgraceful and cruel slavery +by the valour, and military skill, and prudence, and firmness, and +perseverance, and greatness of mind and good fortune of these their +generals. And decrees that, as they have preserved the republic, the +city, the temples of the immortal gods, the property and fortunes and +families of all the citizens, by their own exertions in battle, and at +the risk of their own lives; on account of these virtuous and gallant +and successful achievements, Caius Pansa and Aulus Hirtius, the +consuls, imperators, one or both of them, or, in their absence, Marcus +Cornutus, the city praetor, shall appoint a supplication at all the +altars for fifty days. And as the valour of the legions has shown +itself worthy of their most illustrious generals, the senate will with +great eagerness, now that the republic is recovered, bestow on our +legions and armies all the rewards which it formerly promised them. +And as the martial legion was the first to engage with the enemy, and +fought in such a manner against superior numbers as to slay many and +take some prisoners; and as they shed their blood for their country +without any shrinking; and as the soldiers of the other legions +encountered death with similar valour in defence of the safety and +freedom of the Roman people;--the senate does decree that Caius Pansa +and Aulus Hirtius, the consuls, imperators, one or both of them if it +seems good to them, shall see to the issuing of a contract for, and to +the erecting, the most honourable possible monument to those men who +shed their blood for the lives and liberties and fortunes of the Roman +people, and for the city and temples of the immortal gods; that for +that purpose they shall order the city quaestors to furnish and +pay money, in order that it may be a witness for the everlasting +recollection of posterity of the wickedness of our most cruel enemies, +and the god-like valour of our soldiers. And that the rewards which +the senate previously appointed for the soldiers, be paid to the +parents or children, or wives or brothers of those men who in this +war have fallen in defence of their country; and that all honours +be bestowed on them which should have been bestowed on the soldiers +themselves if those men had lived who gained the victory by their +death." + + + + +THE TWO BOOKS WHICH REMAIN OF THE TREATISE BY M.T. CICERO ON +RHETORICAL INVENTION. + + * * * * * + +BOOK I. + + * * * * * + + +These essays on rhetoric were composed by Cicero when he was about one +and twenty years of age, and he mentions them afterwards in his more +elaborate treatise _De Oratore_, (Lib. i. c. 2,) as unworthy of his +more mature age, and more extended experiences. Quintilian also (III. +c. 63,) mentions them as works which Cicero condemned by subsequent +writings. This treatise originally consisted of four books, of which +only two have come down to us. + +I. I HAVE often and deeply resolved this question in my mind, whether +fluency of language has been beneficial or injurious to men and to +cities, with reference to the cultivation of the highest order of +eloquence. For when I consider the disasters of our own republic, and +when I call to mind also the ancient calamities of the most important +states, I see that it is by no means the most insignificant portion +of their distresses which has originated from the conduct of the most +eloquent men. But, at the same time, when I set myself to trace back, +by the aid of written memorials and documents, affairs which, by +reason of their antiquity, are removed back out of the reach of any +personal recollection, I perceive also that many cities have been +established, many wars extinguished, many most enduring alliances and +most holy friendships have been cemented by deliberate wisdom much +assisted and facilitated by eloquence. And as I have been, as I say, +considering all this for some time, reason itself especially induces +me to think that wisdom without eloquence is but of little advantage +to states, but that eloquence without wisdom is often most +mischievous, and is never advantageous to them. + +If then any one, neglecting all the most virtuous and honourable +considerations of wisdom and duty, devotes his whole attention to the +practice of speaking, that man is training himself to become useless +to himself, and a citizen mischievous to his country; but a man who +arms himself with eloquence in such a manner as not to oppose the +advantage of his country, but to be able to contend in behalf of them, +he appears to me to be one who both as a man and a citizen will be of +the greatest service to his own and the general interests, and most +devoted to his country. + +And if we are inclined to consider the origin of this thing which is +called eloquence, whether it be a study, or an art, or some peculiar +sort of training or some faculty given us by nature, we shall find +that it has arisen from most honourable causes, and that it proceeds +on the most excellent principles. + +II. For there was a time when men wandered at random over the fields, +after the fashion of beasts, and supported life on the food of beasts; +nor did they do anything by means of the reasoning powers of the mind; +but almost everything by bodily strength. No attention was as yet paid +to any considerations of the religious reverence due to the gods, or +of the duties which are owed to mankind: no one had ever seen any +legitimate marriages, no one had beheld any children whose parentage +was indubitable; nor had any one any idea what great advantage +there might be in a system of equal law. And so, owing to error and +ignorance, cupidity, that blind and rash sovereign of the mind, abused +its bodily strength, that most pernicious of servants, for the purpose +of gratifying itself. At this time then a man,[56] a great and a wise +man truly was he, perceived what materials there were, and what great +fitness there was in the minds of men for the most important affairs, +if any one could only draw it out, and improve it by education. He, +laying down a regular system, collected men, who were previously +dispersed over the fields and hidden in habitations in the woods into +one place, and united them, and leading them on to every useful and +honourable pursuit, though, at first, from not being used to it they +raised an outcry against it; he gradually, as they became more eager +to listen to him on account of his wisdom and eloquence, made them +gentle and civilized from having been savage and brutal. And it +certainly seems to me that no wisdom which was silent and destitute of +skill in speaking could have had such power as to turn men on a sudden +from their previous customs, and to lead them to the adoption of +a different system of life. And, moreover, after cities had been +established how could men possibly have been induced to learn to +cultivate integrity, and to maintain justice, and to be accustomed +willingly to obey others, and to think it right not only to encounter +toil for the sake of the general advantage, but even to run the risk +of losing their lives, if men had not been able to persuade them by +eloquence of the truth of those principles which they had discovered +by philosophy? Undoubtedly no one, if it had not been that he was +influenced by dignified and sweet eloquence, would ever have chosen +to condescend to appeal to law without violence, when he was the most +powerful party of the two as far as strength went; so as to allow +himself now to be put on a level with those men among whom he might +have been preeminent, and of his own free will to abandon a custom +most pleasant to him, and one which by reason of its antiquity had +almost the force of nature. + +And this is how eloquence appears to have originated at first, and to +have advanced to greater perfection; and also, afterwards, to have +become concerned in the most important transactions of peace and war, +to the greatest advantage of mankind? But after that a certain sort of +complaisance, a false copyist of virtue, without any consideration +for real duty, arrived at some fluency of language, then wickedness, +relying on ability, began to overturn cities, and to undermine the +principles of human life. + +III. And, since we have mentioned the origin, of the good done by +eloquence, let us explain also the beginning of this evil. + +It appears exceedingly probable to me that was a time when men who +were destitute of eloquence and wisdom, were not accustomed to meddle +with affairs of state, and when also great and eloquent men were not +used to concern themselves about private causes; but, while the most +important transactions were managed by the most eminent and able men, +I think that there were others also, and those not very incompetent, +who attended to the trifling disputes of private individuals; and as +in these disputes it often happened that men had recourse to lies, and +tried by such means to oppose the truth, constant practice in speaking +encouraged audacity, so that it became unavoidable that those other +more eminent men should, on account of the injuries sustained by the +citizens, resist the audacious and come to the assistance of their own +individual friends. + +Therefore, as that man had often appeared equal in speaking, and +sometimes even superior, who having neglected the study of wisdom, had +laboured to acquire nothing except eloquence, it happened that in the +judgment of the multitude he appeared a man worthy to conduct even the +affairs of the state. And hence it arose, and it is no wonder that +it did, when rash and audacious men had seized on the helm of the +republic, that great and terrible disasters occurred. Owing to which +circumstances, eloquence fell under so much odium and unpopularity +that the ablest men, (like men who seek a harbour to escape from some +violent tempest) devoted themselves to any quiet pursuit, as a refuge +from a life of sedition and tumult. So that other virtuous and +honourable pursuits appear to me to have become popular subsequently, +from having been cultivated in tranquillity by excellent men; but +that this pursuit having been abandoned by most of them, grew out of +fashion and obsolete at the very time when it should have been more +eagerly retained and more anxiously encouraged and strengthened. + +For the more scandalously the temerity and audacity of foolish and +worthless men was violating a most honourable and virtuous system, +to the excessive injury of the republic, the more studiously did +it become others to resist them, and to consult the welfare of the +republic. + +IV. And this principle which I have just laid down did not escape the +notice of Cato, nor of Laelus, nor of their pupil, as I may fairly +call him, Africanus, nor of the Gracchi the grandson of Africanus; men +in whom there was consummate virtue and authority increased by their +consummate virtue and eloquence, which might serve as an ornament to +these qualities, and as a protection to the republic. Wherefore, in +my opinion at least, men ought not the less to devote themselves to +eloquence, although some men both in private and public affairs misuse +it in a perverse manner; but I think rather that they should apply +themselves to it with the more eagerness, in order to prevent wicked +men from getting the greatest power to the exceeding injury of the +good, and the common calamity of all men; especially as this is the +only thing which is of the greatest influence on all affairs both +public and private; and as it is by this same quality that life is +rendered safe, and honourable, and illustrious, and pleasant. For it +is from this source that the most numerous advantages accrue to the +republic, if only it be accompanied by wisdom, that governor of all +human affairs. From this source it is that praise and honour and +dignity flow towards all those who have acquired it; from this source +it is that the most certain and the safest defence is provided for +their friends. And, indeed, it appears to me, that it is on this +particular that men, who in many points are weaker and lower than the +beasts, are especially superior to them, namely, in being able to +speak. + +Wherefore, that man appears to me to have acquired an excellent +endowment, who is superior to other men in that very thing in which +men are superior to beasts. And if this art is acquired not by nature +only, not by mere practice, but also by a sort of regular system of +education, it appears to me not foreign to our purpose to consider +what those men say who have left us some precepts on the subject of +the attainment of it. + +But, before we begin to speak of oratorical precepts, I think we must +say something of the nature of the art itself; of its duty, of +its end, of its materials, and of its divisions. For when we have +ascertained those points, then each man's mind will, with the more +ease and readiness, be able to comprehend the system itself, and the +path which leads to excellence in it. + +V. There is a certain political science which is made up of many and +important particulars. A very great and extensive portion of it is +artificial eloquence, which men call rhetoric. For we do not agree +with those men who think that the knowledge of political science is +in no need of and has no connexion with eloquence; and we most widely +disagree with those, on the other hand, who think that all political +ability Is comprehended under the skill and power of a rhetorician. On +which account we will place this oratorical ability in such a class as +to assert that it is a part of political science. But the duty of this +faculty appears to be to speak in a manner suitable to persuading men; +the end of it is to persuade by language. And there is difference +between the duty of this faculty and its end; that with respect to the +duty we consider what ought to be done; with respect to the end we +consider what is suitable to the duty. Just as we say, that it is the +duty of a physician to prescribe for a patient in a way calculated to +cure him; and that his end is to cure him by his prescriptions. And +so we shall understand what we are to call the duty of an orator, and +also what we are to call his end; since we shall call that his duty +which he ought to do, and we shall term that his end for the sake of +which he is bound to do his duty. + +We shall call that the material of the art, on which the whole art, +and all that ability which is derived from art, turns. Just as if we +were to call diseases and wounds the material of medicine, because +it is about them that all medical science is concerned. And in like +manner, we call those subjects with which oratorical science and +ability is conversant the materials of the art of rhetoric. And these +subjects some have considered more numerous, and others less so. For +Gorgias the Leontine, who is almost the oldest of all rhetoricians, +considered that an orator was able to speak in the most excellent +manner of all men on every subject. And when he says this he seems to +be supplying an infinite and boundless stock of materials to this art. +But Aristotle, who of all men has supplied the greatest number of aids +and ornaments to this art, thought that the duty of the rhetorician +was conversant with three kinds of subjects; with the demonstrative, +and the deliberative, and the judicial. + +The demonstrative is that which concerns itself with the praise or +blame of some particular individual; the deliberative is that which, +having its place in discussion and in political debate, comprises a +deliberate statement of one's opinion; the judicial is that which, +having its place in judicial proceedings, comprehends the topics of +accusation and defence; or of demand and refusal. And, as our own +opinion at least inclines, the art and ability of the orator must be +understood to be conversant with these tripartite materials. VI For +Hermagoras, indeed, appears neither to attend to what he is saying, +nor to understand what he is promising, for he divides the materials +of an orator into the cause, and the examination. The cause he defines +to be a thing which has in itself a controversy of language united +with the interposition of certain characters. And that part, we too +say, is assigned to the orator, for we give him those three parts +which we have already mentioned,--the judicial, the deliberative, and +the demonstrative. But the examination he defines to be that +thing which has in itself a controversy of language, without the +interposition of any particular characters, in this way--"Whether +there is anything good besides honesty?"--"Whether the senses may be +trusted?"--"What is the shape of the world?"--"What is the size of +the sun?" But I imagine that all men can easily see that all such +questions are far removed from the business of an orator, for it +appears the excess of insanity to attribute those subjects, in +which we know that the most sublime genius of philosophers has been +exhausted with infinite labour, as if they were inconsiderable +matters, to a rhetorician or an orator. + +But if Hermagoras himself had had any great acquaintance with these +subjects, acquired with long study and training, then it would be +supposed that he, from relying on his own knowledge, had laid down +some false principles respecting the duty of an orator, and had +explained not what his art could effect, but what he himself could do. +But as it is, the character of the man is such, that any one would +be much more inclined to deny him any knowledge of rhetoric, than to +grant him any acquaintance with philosophy. Nor do I say this because +the book on the art which he published appears to me to have been +written with any particular incorrectness, (for, indeed, he appears to +me to have shown very tolerable ingenuity and diligence in arranging +topics which he had collected from ancient writings on the subject, +and also to have advanced some new theories himself,) but it is the +least part of the business of an orator to speak concerning his art, +which is what he has done: his business is rather to speak from his +art, which is what we all see that this Hermagoras was very little +able to do. And so that, indeed, appears to us to be the proper +materials of rhetoric, which we have said appeared to be such to +Aristotle. VII. And these are the divisions of it, as numerous writers +have laid them down: Invention; Arrangement; Elocution; Memory; +Delivery. Invention, is the conceiving of topics either true or +probable, which may make one's cause appear probable; Arrangement, is +the distribution of the topics which have been thus conceived with +regular order; Elocution, is the adaptation of suitable words and +sentences to the topics so conceived; Memory, is the lasting sense in +the mind of the matters and words corresponding to the reception of +these topics. Delivery, is a regulating of the voice and body in a +manner suitable to the dignity of the subjects spoken of and of the +language employed. + +Now, that these matters have been briefly defined, we may postpone to +another time those considerations by which we may be able to elucidate +the character and the duty and the object of this art; for they would +require a very long argument, and they have no very intimate connexion +with the definition of the art and the delivery of precepts relating +to it. But we consider that the man who writes a treatise on the art +of rhetoric ought to write about two other subjects also; namely, +about the materials of the art, and about its divisions. And it seems, +indeed, that we ought to treat of the materials and divisions of this +art at the same time. Wherefore, let us first consider what sort of +quality invention ought to be, which is the most important of all the +divisions, and which applies to every description of cause in which an +orator can be engaged. + +VIII. Every subject which contains in itself any controversy existing +either in language or in disputation, contains a question either +about a fact, or about a name, or about a class, or about an action. +Therefore, that investigation out of which a cause arises we call a +stating of a case. A stating of a case is the first conflict of causes +arising from a repulse of an accusation; in this way. "You did so and +so;"--"I did not do so;"--or, "it was lawful for me to do so." When +there is a dispute as to the fact, since the cause is confirmed by +conjectures, it is called a conjectural statement. But when it is a +dispute as to a name, because the force of a name is to be defined by +words, it is then styled a definitive statement. But when the thing +which is sought to be ascertained is what is the character of the +matter under consideration, because it is a dispute about violence, +and about the character of the affair, it is called a general +statement. But when the cause depends on this circumstance, either +that that man does not seem to plead who ought to plead, or that he +does not plead with that man with whom he ought to plead, or that +he does not plead before the proper people, at the proper time, +in accordance with the proper law, urging the proper charge, and +demanding the infliction of the proper penalty, then it is called a +statement by way of demurrer; because the arguing of the case appears +to stand in need of a demurrer and also of some alteration. And +some one or other of these sorts of statement must of necessity be +incidental to every cause. For if there be any one to which it is not +incidental, in that there can be no dispute at all; on which account +it has no right even to be considered a cause at all. + +And a dispute as to fact may be distributed over every sort of time. +For as to what has been done, an inquiry can be instituted in this +way--"whether Ulysses slew Ajax;" and as to what is being done, in +this way--"whether the people of Tregellae are well affected towards +the Roman people;" and as to what is going to happen, in this way--"if +we leave Carthage uninjured, whether any inconvenience will accrue to +the republic." + +It is a dispute about a name, when parties are agreed as to the fact, +and when the question is by what name that which has been done is to +be designated. In which class of dispute it is inevitable on that +account that there should be a dispute as to the name; not because the +parties are not agreed about the fact, not because the fact is not +notorious, but because that which has been done appears in a different +light to different people, and on that account one calls it by one +name and another by another. Wherefore, in disputes of this kind +the matter must be defined by words, and described briefly; as, for +instance, if any one has stolen any sacred vessel from a private +place, whether he is to be considered a sacrilegious person, or a +simple thief. For when that is inquired into, it is necessary to +define both points--what is a thief, and what is a sacrilegious +person,--and to show by one's own description that the matter which +is under discussion ought to be called by a different name from that +which the opposite party apply to it. IX. The dispute about kind +is, when it is agreed both what has been done, and when there is +no question as to the name by which it ought to be designated; and +nevertheless there is a question of what importance the matter is, and +of what sort it is, and altogether of what character it is; in this +way,--whether it be just or unjust; whether it be useful or useless; +and as to all other circumstances with reference to which there is any +question what is the character of that which has been done, without +there being any dispute as to its name. Humagoras assigned +four divisions to this sort of dispute: the deliberative, the +demonstrative, the judicial, and the one relating to facts. And, as it +seems to us, this was no ordinary blunder of his, and one which it is +incumbent on us to reprove; though we may do so briefly, lest, if we +were to pass it over in silence, we might be thought to have had no +good reason for abandoning his guidance; or if we were to dwell too +long on this point, we might appear to have interposed a delay and an +obstacle to the other precepts which we wish to lay down. + +If deliberation and demonstration are kinds of causes, then the +divisions of any one kind cannot rightly be considered causes; for the +same matter may appear to be a class to one person, and a division to +another; but it cannot appear both a class and a division to the same +person. But deliberation and demonstration are kinds of argument; for +either there is no kind of argument at all, or there is the judicial +kind alone, or there are all three kinds, the judicial and the +demonstrative and the deliberative. Now, to say there is no kind of +argument at the same time that he says that there are many arguments, +and is giving precepts for them, is foolishness. How, too, is it +possible that there should be one kind only, namely the judicial, when +deliberation and demonstration in the first place do not resemble one +another, and are exceedingly different from the judicial kind, and +have each their separate object to which they ought to be referred. It +follows, then, that there are three kinds of arguments. Deliberation +and demonstration cannot properly be considered divisions of any kind +of argument. He was wrong, therefore, when he said that they were +divisions of a general statement of the case. + +X. But if they cannot properly be considered divisions of a kind of +argument, much less can they properly be considered divisions of a +division of an argument. But all statement of the case is a division +of an argument. For the argument is not adapted to the statement of +the case, but the statement of the case is adapted to the argument. +But demonstration and deliberation cannot be properly considered +divisions of a kind of argument, because they are separate kinds +of arguments themselves. Much less can they properly be considered +divisions of that division, as he calls them. In the next place, +if the statement of the case, both itself as a whole; and also any +portion of that statement, is a repelling of an accusation, then that +which is not a repelling of an accusation is neither a statement of a +case, nor a portion of a statement of a case; but if that which is not +a repelling of an attack is not a statement of a case, nor a portion +of a statement of a case, then deliberation and demonstration are +neither a statement of a case, nor a portion of a statement of a +case. If, therefore, a statement of a case, whether it be the whole +statement or some portion of it, be a repelling of an accusation, then +deliberation and demonstration are neither a statement of a case, nor +any portion of such statement. But he himself asserts that it is +a repelling of an accusation. He must therefore assert also that +demonstration and deliberation are neither a statement of a case, nor +a portion of such a statement. And he will be pressed by the same +argument whether he calls the statement of a case the original +assertion of his cause by the accuser, or the first speech in answer +to such accusation by the advocate of the defence. For all the same +difficulties will attend him in either case. + +In the next place a conjectural argument cannot, as to the same +portion of it, be at the same time both a conjectural one and a +definitive one. Again, a definitive argument cannot, as to the same +portion of it, be at the same time both a definitive argument and one +in the form and character of a demurrer. And altogether, no statement +of a case, and no portion of such a statement, can at one and the same +time both have its own proper force and also contain the force of +another kind of argument. Because each kind of argument is considered +simply by its own merits, and according to its own nature; and if any +other kind be united with it, then it is the number of statements of +a case that is doubled, and not the power of the statement that is +increased. + +But a deliberative argument, both as to the same portion of it and +also at the same time, very frequently has a statement of its case +both conjectural, and general, and definitive, and in the nature of a +demurrer; and at times it contains only one statement, and at times +it contains many such. Therefore it is not itself a statement of the +case, nor a division of such statement: and the same thing must be +the case with respect to demonstration. These, then, as I have said +before, must be considered kinds of argument, and not divisions of any +statement of the subject. + +XI. This statement of the case then, which we call the general one, +appears to us to have two divisions,--one judicial and one relating to +matters of fact. The judicial one is that in which the nature of right +and wrong, or the principles of reward and punishment, are inquired +into. The one relating to matters of fact is that in which the thing +taken into consideration is what is the law according to civil +precedent, and according to equity; and that is the department in +which lawyers are considered by us to be especially concerned. + +And the judicial kind is itself also distributed under two +divisions,--one absolute, and one which takes in something besides as +an addition, and which may be called assumptive. The absolute division +is that which of itself contains in itself an inquiry into right and +wrong. The assumptive one is that which of itself supplies no firm +ground for objection, but which takes to itself some topics for +defence derived from extraneous circumstances. And its divisions are +four,--concession, removal of the accusation from oneself, a retorting +of the accusation, and comparison. Concession when the person on his +trial does not defend the deed that has been done, but entreats to be +pardoned for it: and this again is divided into two parts,--purgation +and deprecation. Purgation is when the fact is admitted, but when the +guilt of the fact is sought to be done away. And this may be on three +grounds,--of ignorance, of accident, or of necessity. Deprecation is +when the person on his trial confesses that he has done wrong, and +that he has done wrong on purpose, and nevertheless entreats to be +pardoned. But this kind of address can be used but very rarely. +Removal of the accusation from oneself is when the person on his trial +endeavours by force of argument and by influence to remove the charge +which is brought against him from himself to another, so that it may +not fix him himself with any guilt at all. And that can be done in +two ways,--if either the cause of the deed, or the deed itself, is +attributed to another. The cause is attributed to another when it is +said that the deed was done in consequence of the power and influence +of another; but the deed itself is attributed to another when it is +said that another either might have done it, or ought to have done it. +The retorting of an accusation takes place when what is done is said +to have been lawfully done because another had previously provoked +the doer wrongfully. Comparison is, when it is argued that some +other action has been a right or an advantageous one, and then it is +contended that this deed which is now impeached was committed in order +to facilitate the accomplishment of that useful action. + +In the fourth kind of statement of a case, which we call the one which +assumes the character of a demurrer, that sort of statement contains a +dispute, in which an inquiry is opened who ought to be the accuser or +pleader, or against whom, or in what manner, or before whom, or under +what law, or at what time the accusation ought to be brought forward; +or when something is urged generally tending to alter the nature of, +or to invalidate the whole accusation. Of this kind of statement of +a case Hermagoras is considered the inventor: not that many of the +ancient orators have not frequently employed it, but because former +writers on the subject have not taken any notice of it, and have not +entered it among the number of statements of cases. But since it has +been thus invented by Hermagoras, many people have found fault with +it, whom we considered not so much to be deceived by ignorance (for +indeed the matter is plain enough) as to be hindered from admitting +the truth by some envy or fondness for detraction. + +XII. We have now then mentioned the different kinds of statements of +cases, and their several divisions. But we think that we shall be +able more conveniently to give instances of each kind, when we are +furnishing a store of arguments for each kind. For so the system of +arguing will be more clear, when it can be at once applied both to the +general classification and to the particular instance. + +When the statement of the case is once ascertained, then it is proper +at once to consider whether the argument be a simple or a complex one, +and if it be a complex one, whether it is made up of many subjects +of inquiry, or of some comparison. That is a simple statement which +contains in itself one plain question, in this way--"Shall we declare +war against the Corinthians, or not?" That is a complex statement +consisting of several questions in which many inquiries are made, in +this way.--"Whether Carthage shall be destroyed, or whether it shall +be restored to the Carthaginians, or whether a colony shall be led +thither." Comparison is a statement in which inquiry is raised in the +way of contest, which course is more preferable, or which is the most +preferable course of all, in this way.--"Whether we had better send an +army into Macedonia against Philip, to serve as an assistance to our +allies, or whether we had better retain it in Italy, in order that we +may have as numerous forces as possible to oppose to Hannibal." In +the next place, we must consider whether the dispute turns on general +reasoning, or on written documents, for a controversy with respect +to written documents, is one which arises out of the nature of the +writing. + +XIII And of that there are five kinds which have been separated from +statements of cases. For when the language of the writing appears to +be at variance with the intention of the writer, then two laws or more +seem to differ from one another, and then, too, that which has been +written appears to signify two things or more. Then also, from that +which is written, something else appears to be discovered also, +which is not written, and also the effect of the expressions used is +inquired into, as if it were in the definitive statement of the +case, in which it has been placed. Wherefore, the first kind is that +concerning the written document and the intention of it; the second +arises from the laws which are contrary to one another, the third is +ambiguous, the fourth is argumentative, the fifth we call definitive. + +But reason applies when the whole of the inquiry does not turn on the +writing, but on some arguing concerning the writing. But, then, when +the kind of argument has been duly considered, and when the statement +of the case has been fully understood; when you have become aware +whether it is simple or complex, and when you have ascertained +whether the question turns on the letter of the writing or on general +reasoning; then it is necessary to see what is the question, what +is the reasoning, what is the system of examining into the excuses +alleged, what means there are of establishing one's own allegations; +and all these topics must be derived from the original statement of +the case. What I call "the question" is the dispute which arises from +the conflict of the two statements in this way. "You have not done +this lawfully;" "I have done it lawfully." And this is the conflict of +arguments, and on this the statement of the case hinges. It arises, +therefore, from that kind of dispute which we call "the question," in +this way:--"Whether he did so and so lawfully." The reasoning is that +which embraces the whole cause; and if that be taken away, then there +is no dispute remaining behind in the cause. In this way, in order +that for the sake of explaining myself more clearly, I may content +myself with an easy and often quoted instance. If Orestes be accused +of matricide, unless he says this, "I did it rightfully, for she had +murdered my father," he has no defence at all. And if his defence be +taken away, then all dispute is taken away also. The principle of his +argument then is that she murdered Agamemnon. The examination of +this defence is then a dispute which arises out of the attempts to +invalidate or to establish this argument. For the argument itself may +be considered sufficiently explained, since we dwelt upon it a little +while ago. "For she," says he, "had murdered my father." "But," says +the adversary, "for all that it was not right for your mother to be +put to death by you who were her son; for her act might have been +punished without your being guilty of wickedness." + +XIV. From this mode of bringing forward evidence, arises that last +kind of dispute which we call the judication, or examination of the +excuses alleged. And that is of this kind: whether it was right that +his mother should be put to death by Orestes, because she had put to +death Orestes's father? + +Now proof by testimony is the firmest sort of reasoning that can be +used by an advocate in defence, and it is also the best adapted for +the examination of any excuse which may be alleged. For instance, if +Orestes were inclined to say that the disposition of his mother had +been such towards his father, towards himself and his sisters, towards +the kingdom, and towards the reputation of his race and family, that +her children were of all people in the world the most bound to +inflict punishment upon her. And in all other statements or cases, +examinations of excuses alleged are found to be carried on in this +manner. But in a conjectural statement of a case, because there is no +express evidence, for the fact is not admitted at all, the examination +of the defence put forward cannot arise from the bringing forward of +evidence. Wherefore, it is inevitable that in this case the question +and the judication must be the same thing. As "it was done," "it was +not done." The question is whether it was done. + +But it must invariably happen that there will be the same number of +questions, and arguments, and examinations, and evidences employed +in a cause, as there are statements of the case or divisions of such +statements. When all these things are found in a cause, then at length +each separate division of the whole cause must be considered. For it +does not seem that those points are necessarily to be first noticed, +which have been the first stated; because you must often deduce those +arguments which are stated first, at least if you wish them to be +exceedingly coherent with one another and to be consistent with the +cause, from those arguments which are to be stated subsequently. +Wherefore, when the examination of the excuses alleged, and all those +arguments which require to be found out for the purpose of such +examination have been diligently found out by the rules of art, and +handled with due care and deliberation, then at length we may proceed +to arrange the remaining portions of our speech. And these portions +appear to us to be in all six; the exordium, the relation of the fact, +the division of the different circumstances and topics, the bringing +forward of evidence, the finding fault with the action which has been +done, and the peroration. + +At present, since the exordium ought to be the main thing of all, +we too will first of all give some precepts to lead to a system of +opening a case properly. + +XV. An exordium is an address bringing the mind of the hearer into a +suitable state to receive the rest of the speech, and that will be +effected if it has rendered him well disposed towards the speaker, +attentive, and willing to receive information. Wherefore, a man who +is desirous to open a cause well, must of necessity be beforehand +thoroughly acquainted with the nature and kind of cause which he has +to conduct. Now the kinds of causes are five; one honourable, one +astonishing, one low, one doubtful, one obscure. The kind of cause +which is called honourable, is such an one as the disposition of the +hearer favours at once, without waiting to hear our speech. The kind +that is astonishing, is that from which the mind of those who are +about to hear us has been alienated. The kind which is low, is one +which is disregarded by the hearer, or which does not seem likely to +be carefully attended to. The kind which is doubtful, is that in which +either the examination into the excuses alleged is doubtful, or the +cause itself, being partly honourable and partly discreditable; so as +to produce partly good-will and partly disinclination. The kind which +is obscure, is that in which either the hearers are slow, or in which +the cause itself is entangled in a multitude of circumstances hard +to be thoroughly acquainted with. Wherefore, since there are so +many kinds of causes, it is necessary to open one's case on a very +different system in each separate kind. Therefore, the exordium is +divided into two portions, first of all a beginning, and secondly +language calculated to enable the orator to work his way into the good +graces of his hearers. The beginning is an address, in plain words, +immediately rendering the hearer well disposed towards one, or +inclined to receive information, or attentive. The language calculated +to enable the orator to work his way into the good graces of his +hearers, is an address which employs a certain dissimulation, and +which by a circuitous route as it were obscurely creeps into the +affections of the hearer. + +In the kind of cause which we have called astonishing, if the hearers +be not positively hostile, it will be allowable by the beginning of +the speech to endeavour to secure their good-will. But if they be +excessively alienated from one, then it will be necessary to have +recourse to endeavours to insinuate oneself into their good graces. +For if peace and good-will be openly sought for from those who are +enemies to one, they not only are not obtained, but the hatred which +they bear one is even inflamed and increased. But in the kind of cause +which I have called low, for the sake of removing his contempt it will +be indispensable to render the hearer attentive. The kind of cause +which has been styled doubtful, if it embraces an examination into the +excuses alleged, which is also doubtful, must derive its exordium +from that very examination; but if it have some things in it of a +creditable nature, and some of a discreditable character, then it will +be expedient to try and secure the good-will of the hearer, so that +the cause may change its appearance, and seem to be an honourable one. +But when the kind of cause is the honourable kind, then the exordium +may either be passed over altogether, or if it be convenient, we may +begin either with a relation of the business in question, or with a +statement of the law, or with any other argument which must be brought +forward in the course of our speech, and on which we most greatly +rely; or if we choose to employ an exordium, then we must avail +ourselves of the good-will already existing towards us, in order that +that which does exist may be strengthened. + +XVI. In the kind of cause which I have called obscure, it will be +advisable to render the hearers inclined to receive instruction by a +carefully prepared exordium. Now, since it has been already explained +what effect is to be sought to be produced by the exordium, it remains +for us to show by what arguments all such effects may be produced. + +Good-will is produced by dwelling on four topics:--on one derived from +our own character, from that of our adversaries, from that of the +judges, and from the cause itself. From our own character, if we +manage so as to speak of our own actions and services without +arrogance; if we refute the charges which have been brought against +us, and any other suspicions in the least, discreditable which it may +be endeavoured to attach to us; if we dilate upon the inconveniences +which have already befallen us, or the difficulties which are still +impending over us; if we have recourse to prayers and to humble and +suppliant entreaty. From the character of our adversaries, if we are +able to bring them either into hatred, or into unpopularity, or into +contempt. They will be brought into hatred, if any action of theirs +can be adduced which has been lascivious, or arrogant, or cruel, or +malignant. They will be made unpopular, if we can dilate upon their +violent behaviour, their power, their riches, their numerous kinsmen, +their wealth, and their arrogant and intolerable use of all these +sources of influence; so that they may appear rather to trust to these +circumstances than to the merits of their cause. They will be brought +into contempt, if sloth, or negligence, or idleness, or indolent +pursuits, or luxurious tranquillity can be alleged against them. +Good-will will be procured, derived from the character of the hearers +themselves, if exploits are mentioned which have been performed by +them with bravery, or wisdom, or humanity; so that no excessive +flattery shall appear to be addressed to them; and if it is plainly +shown how high and honourable their reputation is, and how anxious is +the expectation with which men look for their decision and authority. +Or from the circumstances themselves, if we extol our own cause with +praises, and disparage that of the opposite party by contemptuous +allusions. + +But we shall make our hearers attentive, if we show that the things +which we are going to say and to speak of are important, and unusual, +and incredible; and that they concern either all men, or those who are +our present hearers, or some illustrious men, or the immortal gods, or +the general interests of the republic. And if we promise that we will +in a very short time prove our own cause; and if we explain the +whole of the examination into the excuses alleged, or the different +examinations, if there be more than one. + +We shall render our hearers willing to receive information, if we +explain the sum total of the cause with plainness and brevity, that is +to say, the point on which the dispute hinges. For when you wish to +make a hearer inclined to receive information you must also render him +attentive. For he is above all men willing to receive information who +is prepared to listen with the greatest attention. + +XVII. The next thing which it seems requisite to speak of, is, how +topics intended to enable the orator to work his way into the good +graces of his hearers ought to be handled. We must then use such a +sort of address as that when the kind of cause which we are conducting +is that which I have called astonishing; that is to say, as I have +stated before, when the disposition of the hearer is adverse to one. +And that generally arises from one of three causes: either if there +be anything discreditable in the cause itself, or if any such belief +appears to have been already instilled into the hearer by those who +have spoken previously; or if one is appointed to speak at a time when +those who have got to listen to one are wearied with hearing others. +For sometimes when one is speaking, the mind of the hearer is +alienated from one no less by this circumstance than by the two +former. + +If the discreditable nature of one's cause excites the ill-will of +one's hearers, or if it be desirable to substitute for the man on whom +they look unfavourably another man to whom they are attached; or, for +the matter they regard with dislike, another matter of which they +approve; or if it be desirable to substitute a person for a thing, or +a thing for a person, in order that the mind of the hearer may be led +away from that which he hates to that which he loves; and if your +object is to conceal from view the fact that you are about to defend +that person or action which you are supposed to be going to defend; +and then, when the hearer has been rendered more propitious, to enter +gradually on the defence, and to say that those things at which the +opposite party is indignant appear scandalous to you also; and then, +when you have propitiated him who is to listen to you, to show that +none of all those things at all concern you, and to deny that you are +going to say anything whatever respecting the opposite party whether +it be good or bad; so as not openly to attack those men who are loved +by your hearers, and yet doing it secretly as far as you can to +alienate from them the favourable disposition of your hearers; and +at the same time to mention the judgment of some other judges in a +similar case, or to quote the authority of some others as worthy of +imitation; and then to show that it is the very same point, or one +very like it, or one of greater or less importance, (as the case may +make it expedient,) which is in question at present. + +If the speech of your adversaries appears to have made an impression +on your hearers, which is a thing which will be very easily +ascertained by a man who understands what are the topics by which an +impression is made; then it is requisite to promise that you will +speak first of all on that point which the opposite party consider +their especial stronghold, or else to begin with a reference to what +has been said by the adversary, and especially to what he said +last; or else to appear to doubt, and to feel some perplexity and +astonishment as to what you had best say first, or what argument it is +desirable to reply to first--for when a hearer sees the man whom the +opposite party believe to be thrown into perplexity by their speech +prepared with unshaken firmness to reply to it, he is generally apt to +think that he has assented to what has been said without sufficient +consideration, rather than that the present speaker is confident +without due grounds. But if fatigue has alienated the mind of the +hearer from your cause, then it is advantageous to promise to speak +more briefly than you had been prepared to speak; and that you will +not imitate your adversary. + +If the case admit of it, it is not disadvantageous to begin with some +new topic, or with some one which may excite laughter; or with some +argument which has arisen from the present moment; of which kind are +any sudden noise or exclamation; or with something which you have +already prepared, which may embrace some apologue, or fable, or other +laughable circumstance. Or, if the dignity of the subject shall seem +inconsistent with jesting, in that case it is not disadvantageous to +throw in something sad, or novel, or terrible. For as satiety of food +and disgust is either relieved by some rather bitter taste, or is at +times appeased by a sweet taste; so a mind weary with listening +is either reinstated in its strength by astonishment, or else is +refreshed by laughter. + +XVIII. And these are pretty nearly the main things which it appeared +desirable to say separately concerning the exordium of a speech, and +the topics which an orator should use for the purpose of insinuating +himself into the good grace of his hearers. And now it seems desirable +to lay down some brief rules which may apply to both in common. + +An exordium ought to have a great deal of sententiousness and gravity +in it, and altogether to embrace all things which have a reference +to dignity; because that is the most desirable effect to be produced +which in the greatest degree recommends the speaker to his hearer. +It should contain very little brilliancy, or wit, or elegance of +expression, because from these qualities there always arises a +suspicion of preparation and artificial diligence: and that is an idea +which, above all others takes away credit from a speech, and authority +from a speaker. But the following are the most ordinary faults to be +found in an exordium, and those it is above all things desirable +to avoid. It must not be vulgar, common, easily changed, long, +unconnected, borrowed, nor must it violate received rules. What I mean +by vulgar, is one which may be so adapted to numerous causes as to +appear to suit them all. That is common, which appears to be able to +be adapted no less to one side of the argument than to the other. That +is easily changed, which with a slight alteration may be advanced by +the adversary on the other side of the question. That is long, which +is spun out by a superfluity of words or sentences far beyond what is +necessary. That is unconnected, which is not derived from the cause +itself, and is not joined to the whole speech as a limb is to the +body. That is borrowed, which effects some other end than that which +the kind of cause under discussion requires; as if a man were +to occupy himself in rendering his hearer inclined to receive +information, when the cause requires him only to be well disposed +towards the speaker: or, if a man uses a formal beginning of a speech, +when what the subject requires is an address by which the speaker may +insinuate himself into the good graces of his hearer. That is contrary +to received rules, which effects no one of those objects for the sake +of which the rules concerning exordiums have been handed down. This +is the sort of blunder which renders him who hears it neither well +disposed to one, nor inclined to receive information, nor attentive; +or (and that indeed is the most disastrous effect of all) renders him +of a totally contrary disposition. And now we have said enough about +the exordium. + +XIX. Narration is an explanation of acts that have been done, or of +acts as if they have been done. There are three kinds of narration. +One kind is that in which the cause itself and the whole principle of +the dispute is contained. Another is that in which some digression, +unconnected with the immediate argument, is interposed, either for the +sake of criminating another, or of instituting a comparison, or of +provoking some mirth not altogether unsuitable to the business under +discussion, or else for the sake of amplification. The third kind is +altogether foreign to civil causes, and is uttered or written for the +sake of entertainment, combined with its giving practice, which is not +altogether useless. Of this last there are two divisions, the one of +which is chiefly conversant about things, and the other about persons. +That which is concerned in the discussion and explanation of things +has three parts, fable, history, and argument. Fable is that in which +statements are expressed which are neither true nor probable, as is +this-- + + + "Huge winged snakes, join'd by one common yoke." + + +History is an account of exploits which have been performed, removed +from the recollection of our own age; of which sort is the statement, +"Appius declared war against the Carthaginians." Argument is an +imaginary case, which still might have happened. Such is this in +Terence-- + + + "For after Sosia became a man." + + +But that sort of narration which is conversant about persons, is of +such a sort that in it not only the facts themselves, but also the +conversations of the persons concerned and their very minds can be +thoroughly seen, in this way-- + + + "And oft he came to me with mournful voice, + What is your aim, your conduct what? Oh why + Do you this youth with these sad arts destroy? + Why does he fall in love? Why seeks he wine, + And why do you from time to time supply + The means for such excess? You study dress + And folly of all kinds; while he, if left + To his own natural bent, is stern and strict, + Almost beyond the claims of virtue." + + +In this kind of narration there ought to be a great deal of +cheerfulness wrought up out of the variety of circumstances; out of +the dissimilarity of dispositions; out of gravity, lenity, hope, fear, +suspicion, regret, dissimulation, error, pity, the changes of fortune, +unexpected disaster, sudden joy, and happy results. But these +embellishments may be derived from the precepts which will hereafter +be laid down about elocution. + +At present it seems best to speak of that kind of narration which +contains an explanation of the cause under discussion. + +XX. It is desirable then that it should have three qualities; that +it should be brief, open, and probable. It will be brief, if the +beginning of it is derived from the quarter from which it ought to be; +and if it is not endeavoured to be extracted from what has been last +said, and if the speaker forbears to enumerate all the parts of +a subject of which it is quite sufficient to state the total +result;--for it is often sufficient to say what has been done, and +there is no necessity for his relating how it was done;--and if the +speaker does not in his narration go on at a greater length than there +is any occasion for, as far as the mere imparting of knowledge is +concerned; and if he does not make a digression to any other topic; +and if he states his case in such a way, that sometimes that which has +not been said may be understood from that which has been said; and if +he passes over not only such topics as may be injurious, but those too +which are neither injurious nor profitable; and if he repeats nothing +more than once; and if he does not at once begin with that topic +which was last mentioned;--and the imitation of brevity takes in many +people, so that, when they think that they are being brief, they are +exceedingly prolix, while they are taking pains to say many things +with brevity, not absolutely to say but few things and no more than +are necessary. For to many men a man appears to speak with brevity who +says, "I went to the house; I called out the servant; he answered +me; I asked for his master; he said that he was not at home." Here, +although he could not have enumerated so many particulars more +concisely, yet, because it would have been enough to say, "He said +that he was not at home," he is prolix on account of the multitude of +circumstances which he mentions. Wherefore, in this kind of narration +also it is necessary to avoid the imitation of brevity, and we must +no less carefully avoid a heap of unnecessary circumstances than a +multitude of words. + +But a narration will be able to be open, if those actions are +explained first which have been done first, and if the order of +transactions and times is preserved, so that the things are related as +they have been done, or as it shall seem that they may have been done. +And in framing this narration it will be proper to take care that +nothing be said in a confused or distorted manner; that no digression +be made to any other subject; that the affair may not be traced too +far back, nor carried too far forward; that nothing be passed over +which is connected with the business in hand; and altogether the +precepts which have been laid down about brevity, must be attended to +in this particular also. For it often happens that the truth is but +little understood, more by reason of the prolixity of the speaker, +than of the obscurity of the statement. And it is desirable to use +clear language, which is a point to be dwelt upon when we come to +precepts for elocution. + +XXI. A narration will be probable, if in it those characteristics are +visible which are usually apparent in truth; if the dignity of the +persons mentioned is preserved; if the causes of the actions performed +are made plain; if it shall appear that there were facilities for +performing them; if the time was suitable; if there was plenty of +room; if the place is shown to have been suitable for the transaction +which is the subject of the narration; if the whole business, in +short, be adapted to the nature of those who plead, and to the reports +bruited about among the common people, and to the preconceived +opinions of those who hear. And if these principles be observed, the +narration will appear like the truth. + +But besides all this, it will be necessary to take care that such a +narration be not introduced when it will be a hindrance, or when it +will be of no advantage; and that it be not related in an unseasonable +place, or in a manner which the cause does not require. It is a +hindrance, when the very narration of what has been done comes at a +time that the hearer has conceived great displeasure at something, +which it will be expedient to mitigate by argument, and by pleading +the whole cause carefully. And when this is the case, it will be +desirable rather to scatter the different portions of the transactions +limb by limb as it were over the cause, and, as promptly as may be, +to adapt them to each separate argument, in order that there may be +a remedy at hand for the wound, and that the defence advanced may at +once mitigate the hatred which has arisen. + +Again, a narration is of no advantage when, after our case has once +been set forth by the opposite party, it is of no importance to relate +it a second time or in another manner; or when the whole affair is so +clearly comprehended by the hearers, as they believe at least that it +can do us no good to give them information respecting it in another +fashion. And when this is the case, it is best to abstain from any +narration altogether. It is uttered in an unseasonable place, when it +is not arranged in that part of the speech in which the case requires +it, and concerning this kind of blunder we will speak when we come +to mention the arrangement of the speech. For it is the general +arrangement of the whole that this affects. It is not related in the +manner which the cause requires, when either that point which is +advantageous to the opposite party is explained in a clear and elegant +manner, or when that which may be of benefit to the speaker is stated +in an obscure or careless way. Wherefore, in order that this fault may +be avoided, everything ought to be converted by the speaker to the +advantage of his own cause by passing over all things which make +against it which can be passed over, by touching lightly on those +points which are beneficial to the adversary, and by relating those +which are advantageous to himself carefully and clearly. And now +we seem to have said enough about narration. Let us now pass on in +regular order to the arrangement of the different topics. + +XXII An arrangement of the subjects to be mentioned in an argument, +when properly made, renders the whole oration clear and intelligible. +There are two parts in such a division, each of which is especially +connected with the opening of the cause, and with the arrangement of +the whole discussion. One part is that which points out what are the +particulars as to which one is in agreement with the opposite party, +and also what remains in dispute; and from this there is a certain +definite thing pointed out to the hearer, as that to which he should +direct his attention. The other part is that in which the explanation +of those matters on which we are about to speak, is briefly arranged +and pointed out. And this causes the hearer to retain certain things +in his mind, so as to understand that when they have been discussed +the speech will be ended. At present it seems desirable to mention +briefly how it is proper to use each kind of arrangement. And this +arrangement points out what is suitable and what is not suitable; its +duty is to turn that which is suitable to the advantage of its own +side, in this way--"I agree with the opposite party as to the fact, +that a mother has been put to death by her son." Again, on the other +side.--"We are both agreed that Agamemnon was slain by Clytaemnestra" +For in saying this each speaker has laid down that proposition which +was suitable, and nevertheless has consulted the advantage of his own +side. + +In the next place, what the matter in dispute is must be explained, +when we come to mention the examination into the excuses which are +alleged. And how that is managed has been already stated. + +But the arrangement which embraces the properly distributed explanation +of the facts, ought to have brevity, completeness, conciseness. +Brevity is when no word is introduced which is not necessary. This is +useful in this sort of speaking, because it is desirable to arrest the +attention of the hearer by the facts themselves and the real divisions +of the case, and not by words or extraneous embellishments of diction. +Completeness is that quality by which we embrace every sort of +argument which can have any connexion with the case concerning which +we have got to speak, and in this division we must take care not to +omit any useful topic, not to introduce any such too late, out of its +natural place, for that is the most pernicious and discreditable error +of all. Conciseness in arrangement is preserved if the general classes +of facts are clearly laid down, and are not entangled in a promiscuous +manner with the subordinate divisions. For a class is that which +embraces many subordinate divisions as, "an animal." A subordinate +division is that which is contained in the class as "a horse." +But very often the same thing may be a class to one person, and a +subordinate division to another. For "man" is a subordinate division +of "animal," but a class as to "Theban," or "Trojan." + +XXIII And I have been more careful in laying down this definition, in +order that after it has been clearly comprehended with reference to +the general arrangement, a conciseness as to classes or genera may be +preserved throughout the arrangement. For he who arranges his oration +in this manner--"I will prove that by means of the covetousness and +audacity and avarice of our adversaries, all sorts of evils have +fallen on the republic," fails to perceive that in this arrangement of +his, when he intended to mention only classes, he has joined also a +mention of a subordinate division. For covetousness is the general +class under which all desires are comprehended, and beyond all +question avarice is a subordinate division of that class. + +We must therefore avoid, after having mentioned a universal class, +then, in the same arrangement, to mention along with it any one of +its subordinate divisions, as if it were something different and +dissimilar. And if there are many subordinate divisions to any +particular class, after that has been simply explained in the first +arrangement of the oration, it will be more easily and conveniently +arranged when we come to the subsequent explanation in the general +statement of the case after the division. And this, too, concerns the +subject of conciseness, that we should not undertake to prove more +things than there is any occasion for, in this way--"I will prove that +the opposite party were able to do what we accuse them of, and had the +inclination to do it, and did it." It is quite enough to prove that +they did it. Or when there is no natural division at all in a cause, +and when it is a simple question that is under discussion, though that +is a thing which cannot be of frequent occurrence, still we must use +careful arrangement. And these other precepts also, with respect to +the division of subjects which have no such great connexion with the +practice of orators, precepts which come into use in treatises in +philosophy, from which we have transferred, hither those which +appeared to be suitable to our purpose, of which we found nothing in +the other arts. And in all these precepts about the division of our +subjects, it will throughout our whole speech be found that every +portion of them must be discussed in the same order as that in which +it has been originally stated, and then, when everything has been +properly explained, let the whole be summed up, and summed up so that +nothing be introduced subsequently besides the conclusion. The old +man in the Andria of Terence arranges briefly and conveniently the +subjects with which he wishes his freedman to become acquainted-- + + + "And thus the life and habits of my son + And my designs respecting his career, + And what I wish your course towards both to be, + Will be quite plain to you." + + +And accordingly, as he has proposed in his original arrangement, he +proceeds to relate, first the life of his son-- + + + "For when, O Sosia, he became a man, + He was allow'd more liberty" + + +Then comes his own design-- + + + "And now I take great care" + + +After that, what he wishes Sosia to do; that he put last in his +original arrangement he now mentions last-- + + + "And now the part is yours" ... + + +As, therefore, in this instance, he came first to the portion which he +had mentioned first, and so, when he had discussed them all, made an +end of speaking, we too ought to advance to each separate portion of +our subject, and when we had finished every part, to sum up. Now +it appears desirable to proceed in regular order to lay down some +precepts concerning the confirmation of our arguments, as the regular +order of the subject requires. + +XXIV Confirmation is that by means of which our speech proceeding in +argument adds belief, and authority, and corroboration to our cause. +As to this part there are certain fixed rules which will be divided +among each separate class of causes. But it appeals to be not an +inconvenient course to disentangle what is not unlike a wood, or a +vast promiscuous miss of materials all jumbled together, and after +that to point out how it may be suitable to corroborate each separate +kind of cause, after we have drawn all our principles of argumentation +from this source. All statements are confirmed by some argument or +other, either by that which is derived from persons, or by that which +is deduced from circumstances. Now we consider that these different +things belong to persons, a name, nature, a way of life, fortune, +custom, affection, pursuits, intentions, actions, accidents, orations. +A name is that which is given to each separate person, so that each +is called by his own proper and fixed appellation. To define nature +itself is difficult, but to enumerate those parts of it which we +require for the laying down of these precepts is more easy. + +And these refer partly to that portion of things which is divine, and +partly to that which is mortal. Now of things which are mortal one +part is classed among the race of men, and one among the race of +brutes: and the race of men is distinguished by sex, whether they be +male or female and with respect to their nation, and country, and +kindred, and age, with respect to their nation, whether a man be a +Greek or a barbarian; with respect to their country, whether a man be +an Athenian or a Lacedaemonian; with respect to their kindred, from +what ancestors a man is descended, and who are his relations; with +respect to his age, whether he is a boy, or a youth, or a full +grown man, or an old man. Besides these things, those advantages or +disadvantages which come to a man by nature, whether in respect of +his mind or his body, are taken into consideration, in this +manner:--whether he be strong or weak; whether he be tall or short; +whether he be handsome or ugly; whether he be quick in his motions or +slow; whether he be clever or stupid; whether he have a good memory, +or whether he be forgetful; whether he be courteous, fond of doing +kindnesses, modest, patient, or the contrary. And altogether all these +things which are considered to be qualities conferred by nature on +men's minds or bodies, must be taken into consideration when defining +nature. For those qualities which are acquired by industry relate to a +man's condition, concerning which we must speak hereafter. + +XXV. With reference to a man's way of life it is proper to consider +among what men, and in what manner, and according to whose direction +he has been brought up; what teachers of the liberal sciences he has +had; what admonitors to encourage him to a proper course of life; +with what friends he is intimate; in what business, or employment, or +gainful pursuit he is occupied; in what manner he manages his estate, +and what are his domestic habits. With reference to his fortune we +inquire whether he is a slave or a free man; whether he is wealthy or +poor; whether he is a private individual or a man in office; if he be +in office, whether he has become so properly or improperly; whether he +is prosperous, illustrious, or the contrary; what sort of children he +has. And if we are inquiring about one who is no longer alive, then we +must consider also by what death he died. + +But when we speak of a man's habitual condition, we mean his constant +and absolute completeness of mind or body, in some particular +point--as for instance, his perception of virtue, or of some art, +or else some science or other. And we include also some personal +advantages not given to him by nature, but procured by study and +industry. By affection, we mean a sudden alteration of mind or body, +arising from some particular cause, as joy, desire, fear, annoyance, +illness, weakness and other things which are found under the same +class. But study is the assiduous and earnest application of the +mind, applied to some particular object with great good-will, as to +philosophy, poetry, geometry, or literature. By counsel, we mean a +carefully considered resolution to do or not to do something. But +actions, and accidents, and speeches will be considered with reference +to three different times; what a man has done, what has happened to +him, or what he has said; or what he is doing, or what is happening to +him, or what he is saying; or what he is going to do, what is about to +happen to him, or what speech he is about to deliver. And all these +things appear to be attributable to persons. + +XXVI. But of the considerations which belong to things, some are +connected with the thing itself which is the subject of discussion; +some are considered in the performance of the thing; some are united +with the thing itself; some follow in the accomplishment of the thing. +Those things are connected with the thing itself which appear always +to be attached to the thing and which cannot be separated from it. +The first of such things is a brief exposition of the whole business, +which contains the sum of the entire matter, in this way--"The slaying +of a parent;" "the betrayal of a country." Then comes the cause of +this general fact; and we inquire by what means, and in what manner, +and with what view such and such a thing has been done. After that we +inquire what was done before this action under consideration was done, +and all the steps which preceded this action. After that, what was +done in the very execution of this action. And last of all, what has +been done since. + +But with reference to the performance of an action, which was the +second topic of those which were attributed to things, the place, and +the time, and the manner, and the opportunity, and the facilities will +be inquired into. The place is taken into consideration in which the +thing was done; with reference to the opportunity which the doer +seems to have had of executing the business; and that opportunity is +measured by the importance of the action, by the interval which has +elapsed, by the distance, by the nearness, by the solitude of the +place, or by the frequented character of it, by the nature of the +spot itself and by the neighbourhood of the whole region. And it is +estimated also with reference to these characteristics, whether the +place be sacred or not, public or private, whether it belongs or +has belonged to some one else, or to the man whose conduct is under +consideration. + +But the time is, that, I mean, which we are speaking of at the present +moment, (for it is difficult to define it in a general view of it +with any exactness,) a certain portion of eternity with some fixed +limitation of annual or monthly, or daily or nightly space. In +reference to this we take into consideration the things which are +passed, and those things which, by reason of the time which has +elapsed since, have become so obsolete as to be considered incredible, +and to be already classed among the number of fables, and those things +also which, having been performed a long time ago and at a time remote +from our recollection, still affect us with a belief that they have +been handed down truly, because certain memorials of those facts are +extant in written documents, and those things which have been done +lately, so that most people are able to be acquainted with them. And +also those things which exist at the present moment, and which are +actually taking place now, and which are the consequences of former +actions. And with reference to those things it is open to us to +consider which will happen sooner, and which later. And also generally +in considering questions of time, the distance or proximity of the +time is to be taken into account: for it is often proper to measure +the business done with the time occupied in doing it, and to consider +whether a business of such and such magnitude, or whether such and +such a multitude of things, can be performed in that time. And we +should take into consideration the time of year, and of the month, and +of the day, and of the night, and the watches, and the hours, and each +separate portion of any one of these times. + +XXVII. An occasion is a portion of time having in it a suitable +opportunity for doing or avoiding to do some particular thing. +Wherefore there is this difference between it and time. For, as to +genus, indeed, they are both understood to be identical; but in time +some space is expressed in some manner or other, which is regarded +with reference to years, or to a year, or to some portion of a year, +but in an occasion, besides the space of time implied in the word, +there is indicated an especial opportunity of doing something. As +therefore the two are identical in genus it is some portion and +species as it were, in which the one differs, as we have said, from +the other. + +Now occasion is distributed into three classes, public, common and +singular. That is a public occasion, which the whole city avails +itself of for some particular cause, as games, a day of festival, or +war. That is a common occasion which happens to all men at nearly the +same time, as the harvest, the vintage, summer, or winter. That is a +singular occasion, which, on account of some special cause, happens +at times to some private individuals, as for instance, a wedding, a +sacrifice, a funeral, a feast, sleep. + +But the manner, also, is inquired into, in what manner, how, and with +what design the action was done? Its parts are, the doer knowing what +he was about, and not knowing. But the degree of his knowledge is +measured by these circumstances whether the doer did his action +secretly, openly, under compulsion or through persuasion. The fact +of the absence of knowledge is brought forward as an excuse, and its +parts are actual ignorance, accident, necessity. It is also attributed +to agitation of mind, that is, to annoyance, to passion to love, +and to other feelings of a similar class. Facilities, are those +circumstances owing to which a thing is done more easily, or without +which a thing cannot be done at all. + +XXVIII. And it is understood that there is added to the general +consideration of the whole matter, the consideration what is greater +than and what is less than, and what is like the affair which is +under discussion, and what is equally important with it, and what is +contrary to it, and what is negatively opposed to it, and the whole +classification of the affair, and the divisions of it, and the +ultimate result. The cases of greater, and less and equally important, +are considered with reference to the power, and number and form of the +business, as if we were regarding the stature of a human body. + +Now what is similar arises out of a species admitting of comparisons. +Now what admits of comparisons is estimated by a nature which may be +compared with it, and likened to it. What is contrary, is what is +placed in a different class and is as distant as possible from that +thing to which it is called contrary, as cold is from heat and +death from life. But that is negatively opposed to a thing which is +separated from the thing by an opposition which is limited to a denial +of the quality; in this way, "to be wise," and "not to be wise." That +is a genus which embraces several species, as "Cupidity." That is a +species which is subordinate to a genus, as "Love," "Avarice." The +Result is the ultimate termination of any business; in which it is a +common inquiry, what has resulted from each separate fact; what is +resulting from it; what is likely to result from it. Wherefore, in +order that that which is likely to happen may be more conveniently +comprehended in the mind with respect to this genus, we ought first +to consider what is accustomed to result from every separate +circumstance; in this manner:--From arrogance, hatred usually results; +and from insolence, arrogance. + +The fourth division is a natural consequence from those qualities, +which we said were usually attributed to things in distinction from +persons. And with respect to this, those circumstances are sought for +which ensue from a thing being done. In the first place, by what name +it is proper that that which has been done should be called. In the +next place, who have been the chief agents in, or originators of that +action; and last of all, who have been the approvers and the imitators +of that precedent and of that discovery. In the next place, whether +there is any regular usage established with regard to that case, or +whether there is any regular rule bearing on that case, or any regular +course of proceeding, any formal decision, any science reduced to +rules, any artificial system. In the next place, whether its nature is +in the habit of being ordinarily displayed, or whether it is so very +rarely, and whether it is quite unaccustomed to be so. After that, +whether men are accustomed to approve of such a case with their +authority, or to be offended at such actions; and with what eyes they +look upon the other circumstances which are in the habit of following +any similar conduct, either immediately or after an interval. And +in the very last place, we must take notice whether any of those +circumstances which are rightly classed under honesty or utility +ensue. But as to these matters it will be necessary to speak more +clearly when we come to mention the deliberative kind of argument. +And the circumstances which we have now mentioned are those which are +usually attributed to things as opposed to persons. + +XXIX. But all argumentation, which can be derived from those topics +which we have mentioned, ought to be either probable or unavoidable. +Indeed, to define it in a few words, argumentation appears to be an +invention of some sort, which either shows something or other in a +probable manner, or demonstrates it in an irrefutable one. Those +things are demonstrated irrefutably which can neither be done nor +proved in any other manner whatever than that in which they are +stated; in this manner:--"If she has had a child, she has lain with +a man." This sort of arguing, which is conversant with irrefutable +demonstration, is especially used in speaking in the way of dilemma, +or enumeration, or simple inference. + +Dilemma is a case in which, whichever admission you make, you are +found fault with. For example:--"If he is a worthless fellow, why are +you intimate with him? If he is an excellent man, why do you accuse +him?" Enumeration is a statement in which, when many matters have been +stated and all other arguments invalidated, the one which remains is +inevitably proved; in this manner:--"It is quite plain that he was +slain by this man, either because of his enmity to him, or some fear, +or hope, which he had conceived, or in order to gratify some friend of +his; or, if none of these alternatives are true, then that he was not +slain by him at all; for a great crime cannot be undertaken without a +motive. But he had no quarrel with him, nor fear of him, nor hope of +any advantage to be gained by his death, nor did his death in the +least concern any friend of his. It remains, therefore, that he was +not slain by him at all." But a simple inference is declared from a +necessary consequence, in this way:--"If you say that I did that at +that time, at that time I was beyond the sea; it follows, that I not +only did not do what you say I did, but that it was not even possible +for me to have done it." And it will be desirable to look to this very +carefully, in order that this sort of inference may not be refuted in +any manner, so that the proof may not only have some sort of argument +in it, and some resemblance to an unavoidable conclusion, but that the +very argument itself may proceed on irrefutable reasons. + +But that is probable which is accustomed generally to take place, +or which depends upon the opinion of men, or which contains some +resemblance to these properties, whether it be false or true. In that +description of subject the most usual probable argument is something +of this sort:--"If she is his mother, she loves her son." "If he is an +avaricious man, he neglects his oath." But in the case which depends +mainly on opinion, probable arguments are such as this: "That there +are punishments prepared in the shades below for impious men."--"That +those men who give their attention to philosophy do not think that +there are gods." + +XXX. But resemblance is chiefly seen in things which are contrary to +one another, or equal to one another, and in those things which fall +under the same principle. In things contrary to one another, in this +manner:--"For if it is right that those men should be pardoned who +have injured me unintentionally, it is also fitting that one should +feel no gratitude towards those who have benefited me because they +could not help it." + +In things equal to one another, in this way:--"For as a place without +a harbour cannot be safe for ships, so a mind without integrity cannot +be trustworthy for a man's friends." In those things which fall +under the same principle a probable argument is considered in this +way:--"For if it be not discreditable to the Rhodians to let out their +port dues, then it is not discreditable even to Hermacreon to rent +them." Then these arguments are true, in this manner:--"Since there is +a scar, there has been a wound." Then they are probable, in in this +way:--"If there was a great deal of dust on his shoes, he must have +come off a journey." But (in order that we may arrange this matter in +certain definite divisions) every probable argument which is assumed +for the purpose of discussion, is either a proof, or something +credible, or something already determined; or something which may be +compared with something else. + +That is a proof which falls under some particular sense, and which +indicates something which appears to have proceeded from it, which +either existed previously, or was in the thing itself, or has ensued +since, and, nevertheless, requires the evidence of testimony, and a +more authoritative confirmation,--as blood, flight, dust, paleness, +and other tokens like these. That is a credible statement which, +without any witness being heard, is confirmed in the opinion of the +hearer; in this way:--There is no one who does not wish his children +to be free from injury, and happy. A case decided beforehand, is a +matter approved of by the assent, or authority, or judgment of some +person or persons. It is seen in three kinds of decision;--the +religious one, the common one, the one depending on sanction. That is +a religious one, which men on their oaths have decided in accordance +with the laws. That is a common one, which all men have almost in a +body approved of and adopted; in this manner:--"That all men should +rise up on the appearance of their elders; That all men should pity +suppliants." That depends on sanction, which, as it was a doubtful +point what ought to be considered its character, men have established +of their own authority; as, for instance, the conduct of the father +of Gracchus, whom the Roman people made consul after his censorship, +because he had done nothing in his censorship without the knowledge of +his colleague. + +But that is a decision admitting of comparisons, which in a multitude +of different circumstances contains some principle which is alike +in all. Its parts are three,--representation, collation, example. A +Representation is a statement demonstrating some resemblance of bodies +or natures; Collation is a statement comparing one thing with another, +because of their likeness to one another; Example is that which +confirms or invalidates a case by some authority, or by what has +happened to some man, or under some especial circumstances. Instances +of these things, and descriptions of them, will be given amid the +precepts for oratory. And the source of all confirmations has been +already explained as occasion offered, and has been demonstrated +no less clearly than the nature of the case required. But how each +separate statement, and each part of a statement, and every dispute +ought to be handled,--whether we refer to verbal discussion or +to writings,--and what arguments are suitable for each kind of +discussion, we will mention, speaking separately of each kind, in the +second book. At present we have only dropped hints about the numbers, +and moods, and parts of arguing in an irregular and promiscuous +manner; hereafter we will digest (making careful distinctions between +and selections from each kind of cause) what is suitable for each kind +of discussion, culling it out of this abundance which we have already +displayed. + +And indeed every sort of argument can be discovered from among these +topics; and that, when discovered, it should be embellished, and +separated in certain divisions, is very agreeable, and highly +necessary, and is also a thing which has been greatly neglected by +writers on this art. Wherefore at this present time it is desirable +for us to speak of that sort of instruction, in order that perfection +of arguing may be added to the discovery of proper arguments. And all +this topic requires to be considered with great care and diligence, +because there is not only great usefulness in this matter, but there +is also extreme difficulty in giving precepts. + +XXXI. All argumentation, therefore, is to be carried on either by +induction, or by ratiocination. Induction is a manner of speaking +which, by means of facts which are not doubtful, forces the assent of +the person to whom it is addressed. By which assent it causes him even +to approve of some points which are doubtful, on account of their +resemblance to those things to which he has assented; as in the +Aeschines of Socrates, Socrates shows that Aspasia used to argue with +Xenophon's wife, and with Xenophon himself. "Tell me, I beg of you, O +you wife of Xenophon, if your neighbour has better gold than you have, +whether you prefer her gold or your own?" "Hers," says she. "Suppose +she has dresses and other ornaments suited to women, of more value +than those which you have, should you prefer your own or hers?" "Hers, +to be sure," answered she. "Come, then," says Aspasia, "suppose she +has a better husband than you have, should you then prefer your own +husband or hers?" On this the woman blushed. + +But Aspasia began a discourse with Xenophon himself. "I ask you, O +Xenophon," says she, "if your neighbour has a better horse than yours +is, whether you would prefer your own horse or his?" "His," says he. +"Suppose he has a better farm than you have, which farm, I should like +to know, would you prefer to possess?" "Beyond all doubt," says he, +"that which is the best." "Suppose he has a better wife than you have, +would you prefer his wife?" And on this Xenophon himself was silent. +Then spake Aspasia,--"Since each of you avoids answering me that +question alone which was the only one which I wished to have answered, +I will tell you what each of you are thinking of; for both you, O +woman, wish to have the best husband, and you, O Xenophon, most +exceedingly desire to have the most excellent wife. Wherefore, unless +you both so contrive matters that there shall not be on the whole +earth a more excellent man or a more admirable woman, then in truth +you will at all times desire above all things that which you think to +be the best thing in the world, namely, that you, O Xenophon, may be +the husband of the best possible wife; and you, O woman, that you may +be married to the most excellent husband possible." After they had +declared their assent to these far from doubtful propositions, it +followed, on account of the resemblance of the cases, that if any one +had separately asked them about some doubtful point, that also would +have been admitted as certain, on account of the method employed in +putting the question. + +This was a method of instruction which Socrates used to a great +extent, because he himself preferred bringing forward no arguments for +the purpose of persuasion, but wished rather that the person with whom +he was disputing should form his own conclusions from arguments with +which he had furnished himself, and which he was unavoidably compelled +to approve of from the grounds which he had already assented to. + +XXXII. And with reference to this kind of persuasion, it appears to me +desirable to lay down a rule, in the first place, that the argument +which we bring forward by way of simile, should be such that it is +impossible to avoid admitting it. For the premiss on account of +which we intend to demand that that point which is doubtful shall be +conceded to us, ought not to be doubtful itself. In the next place, we +must take care that that point, for the sake of establishing which the +induction is made, shall be really like those things which we have +adduced before as matters admitting of no question. For it will be of +no service to us that something has been already admitted, if that for +the sake of which we were desirous to get that statement admitted be +unlike it; so that the hearer may not understand what is the use of +those original inductions, or to what result they tend. + +For the man who sees that, if he is correct in giving his assent to +the thing about which he is first asked, that thing also to which he +does not agree must unavoidably be admitted by him, very often will +not allow the examination to proceed any further, either by not +answering at all, or by answering wrongly. Wherefore it is necessary +that he should, by the method in which the inquiry is conducted, be +led on without perceiving it, from the admissions which he has already +made, to admit that which he is not inclined to admit, and at last +he must either decline to give an answer, or he must admit what is +wanted, or he must deny it. If the proposition be denied, then we must +either show its resemblance to those things which have been already +admitted or we must employ some other induction. If it be granted, +then the argumentation may be brought to a close. If he keeps silence, +then an answer must be extracted, or, since silence is very like a +confession, it may be as well to bring the discussion to a close, +taking the silence to be equivalent to an admission. + +And so this kind of argumentation is threefold. The first part +consists of one simile, or of several, the second, of that which we +desire to have admitted, for the sake of which the similes have +been employed, the third proceeds from the conclusion which either +establishes the admissions which have been made or points out what may +be established from it. + +XXXIII But because it will not appear to some people to have been +explained with sufficient clearness, unless we submit some instance +taken from the civil class of causes, it seems desirable to employ +some example of this sort, not because the rules to be laid down +differ, or because it is expedient to employ such differently in this +sort of discussion from what we should in ordinary discourse, but in +order to satisfy the desire of those men, who, though they may have +seen something in one place, are unable to recognise it in another +unless it be proved. Therefore in this cause which is very notorious +among the Greeks, that of Epaminondas, the general of the Thebans, who +did not give up his army to the magistrate who succeeded him in due +course of law, and when he himself had retained his army a few days +contrary to law, he utterly defeated the Lacedaemonians, the accuser +might employ an argumentation by means of induction, while defending +the letter of the law in opposition to its spirit, in this way:-- + +"If, O judges, the framer of the law had added to his law what +Epaminondas says that he intended, and had subjoined the exception +'except where any one has omitted to deliver up his army for the +advantage of the republic,' would you have endured it? I think not. +And if you yourselves, (though, such a proceeding is very far from +your religious habits and from your wisdom,) for the sake of doing +honour to this man, were to order the same exception to be subjoined +to the law, would the Theban people endure that such a thing should be +done? Beyond all question it would not endure it. Can it possibly then +appear to you that that which would be scandalous if it were added to +a law, should be proper to be done just as if it had been added to the +law? I know your acuteness well; it cannot seem so to you, O judges. +But if the intention of the framer of the law cannot be altered as to +its expressions either by him or by you, then beware lest it should be +a much more scandalous thing that that should be altered in fact, and +by your decision, which cannot be altered in one single word." + +And we seem now to have said enough for the present respecting +induction. Next, let us consider the power and nature of +ratiocination. + +XXXIV. Ratiocination is a sort of speaking, eliciting something +probable from the fact under consideration itself, which being +explained and known of itself, confirms itself by its own power and +principles. + +Those who have thought it profitable to pay diligent attention to this +kind of reasoning, have differed a little in the manner in which they +have laid down rules, though they were aiming at the same end as far +as the practice of speaking went. For some of them have said that +there are five divisions of it, and some have thought that it had no +more parts than could be arranged under three divisions. And it would +seem not useless to explain the dispute which exists between these +parties, with the reasons which each allege for it; for it is a short +one, and not such that either party appears to be talking nonsense. +And this topic also appears to us to be one that it is not at all +right to omit in speaking. + +Those who think that it ought to be arranged in five divisions, +say that first of all it is desirable to explain the sum of the +discussion, in this way:--Those things are better managed which are +done on some deliberate plan, than those which are conducted without +any steady design. This they call the first division. And then they +think it right that it should be further proved by various arguments, +and by as copious statements as possible; in this way:--"That house +which is governed by reason is better appointed in all things, and +more completely furnished, than that which is conducted at random, +and on no settled plan;--that army which is commanded by a wise and +skilful general, is governed more suitably in all particulars than +that which is managed by the folly and rashness of any one. The same +principle prevails with respect to sailing; for that ship performs its +voyage best which has the most experienced pilot." + +When the proposition has been proved in this manner, and when two +parts of the ratiocination have proceeded, they say in the third part, +that it is desirable to assume, from the mere intrinsic force of the +proposition, what you wish to prove; in this way:--"But none of all +those things is managed better than the entire world." In the fourth +division they adduce besides another argument in proof of this +assumption, in this manner:--"For both the rising and setting of the +stars preserve some definite order, and their annual commutations +do not only always take place in the same manner by some express +necessity, but they are also adapted to the service of everything, and +their daily and nightly changes have never injured anything in any +particular from being altered capriciously." And all these things are +a token that the nature of the world has been arranged by no ordinary +wisdom. In the fifth division they bring forward that sort of +statement, which either adduces that sort of fact alone which is +compelled in every possible manner, in this way:--"The world, +therefore, is governed on some settled plan;" or else, when it has +briefly united both the proposition and the assumption, it adds this +which is derived from both of them together, in this way:--"But if +those things are managed better which are conducted on a settled plan, +than those which are conducted without such settled plan; and if +nothing whatever is managed better than the entire world; therefore it +follows that the world is managed on a settled plan." And in this way +they think that such argumentation has five divisions. + +XXXV. But those who affirm that it has only three divisions, do not +think that the argumentation ought to be conducted in any other way, +but they find fault with this arrangement of the divisions. For they +say that neither the proposition nor the assumption ought to be +separated from their proofs; and that a proposition does not appear to +be complete, nor an assumption perfect, which is not corroborated by +proof. Therefore, they say that what those other men divide into two +parts, proposition and proof, appears to them one part only, namely +proposition. For if it be not proved, the proposition has no business +to make part of the argumentation. In the same way they say that +that which those other men call the assumption, and the proof of the +assumption, appears to them to be assumption only. And the result is, +that the whole argumentation being treated in the same way, appears to +some susceptible of five divisions, and to others of only three; so +that the difference does not so much affect the practice of speaking, +as the principles on which the rules are to be laid down. + +But to us that arrangement appears to be more convenient which divides +it under five heads; and that is the one which all those who come from +the school of Aristotle, or of Theophrastus, have chiefly followed. +For as it is chiefly Socrates and the disciples of Socrates who have +employed that former sort of argumentation which goes on induction, +so this which is wrought up by ratiocination has been exceedingly +practised by Aristotle, and the Peripatetics, and Theophrastus; and +after them by those rhetoricians who are accounted the most elegant +and the most skilful. And it seems desirable to explain why that +arrangement is more approved of by us, that we may not appear to have +adopted it capriciously; at the same time we must be brief in the +explanation, that we may not appear to dwell on such subjects longer +than the general manner of laying down rules requires. + +XXXVI. If in any sort of argumentation it is sufficient to use a +proposition by itself, and if it is not requisite to add proof to the +proposition; but if in any sort of argumentation a proposition is of +no power unless proof be added to it; then proof is something distinct +from the proposition. For that which can be joined to a thing or +separated from it, cannot possibly be the same thing with that to +which it is joined or from which it is separated. But there is a +certain kind of argumentation in which the proposition does not +require confirmatory proof, and also another kind in which it is of +no use at all without such proof, as we shall show. Proof, then, is a +thing different from a proposition. And we will demonstrate that point +which we have promised to show in this way:--The proposition which +contains in itself something manifest, because it is unavoidable that +that should be admitted by all men, has no necessity for our desiring +to prove and corroborate it. + +It is a sort of statement like this:--"If on the day on which that +murder was committed at Rome, I was at Athens, I could not have been +present at that murder." Because this is manifestly true, there is no +need to adduce proof of it; wherefore, it is proper at once to assume +the fact, in this way:--"But I was at Athens on that day." If this is +not notorious, it requires proof; and when the proof is furnished the +conclusion must follow:--"Therefore I could not have been present at +the murder." There is, therefore, a certain kind of proposition which +does not require proof. For why need one waste time in proving that +there is a kind which does require proof; for that is easily visible +to all men. And if this be the case, from this fact, and from that +statement which we have established, it follows that proof is +something distinct from a proposition. And if it is so, it is +evidently false that argumentation is susceptible of only three +divisions. + +In the same manner it is plain that there is another sort of proof +also which is distinct from assumption. For if in some sort of +argumentation it is sufficient to use assumption, and if it is not +requisite to add proof to the assumption; and if, again, in some sort +of argumentation assumption is invalid unless proof be added to it; +then proof is something separate and distinct from assumption. But +there is a kind of argumentation in which assumption does not require +proof; and a certain other kind in which it is of no use without +proof; as we shall show. Proof, then, is a thing distinct from +assumption. And we will demonstrate that which we have promised to in +this manner. + +That assumption which contains a truth evident to all men has no need +of proof. That is an assumption of this sort:--"If it be desirable +to be wise, it is proper to pay attention to philosophy." This +proposition requires proof. For it is not self-evident. Nor is it +notorious to all men, because many think that philosophy is of no +service at all, and some think that it is even a disservice. A +self-evident assumption is such as this:--"But it is desirable to be +wise." And because this is of itself evident from the simple fact, and +is at once perceived to be true, there is no need that it be proved. +Wherefore, the argumentation may be at once terminated:--"Therefore +it is proper to pay attention to philosophy." There is, therefore, a +certain kind of assumption which does not stand in need of proof; for +it is evident that is a kind which does. Therefore, it is false that +argumentation is susceptible of only a threefold division. + +XXXVII. And from these considerations that also is evident, that there +is a certain kind of argumentation in which neither proposition nor +assumption stands in need of proof, of this sort, that we may adduce +something undoubted and concise, for the sake of example. "If wisdom +is above all things to be desired, then folly is above all things to +be avoided; but wisdom is to be desired above all things, therefore +folly is above all things to be avoided." Here both the assumption and +the proposition are self-evident, on which account neither of them +stands in need of proof. And from all these facts it is manifest that +proof is at times added, and at times is not added. From which it +is palpable that proof is not contained in a proposition, nor in an +assumption, but that each being placed in its proper place, has its +own peculiar force fixed and belonging to itself. And if that is the +case, then those men have made a convenient arrangement who have +divided argumentation into five parts. + +Are there five parts of that argumentation which is carried on by +ratiocination? First of all, proposition, by which that topic is +briefly explained from which all the force of the ratiocination ought +to proceed. Then the proof of the proposition, by which that which has +been briefly set forth being corroborated by reasons, is made more +probable and evident. Then assumption, by which that is assumed which, +proceeding from the proposition, has its effect on proving the case. +Then the proof of the assumption, by which that which has been assumed +is confirmed by reasons. Lastly, the summing up, in which that which +results from the entire argumentation is briefly explained. So the +argumentation which has the greatest number of divisions consists of +these five parts. + +The second sort of argumentation has four divisions; the third has +three. Then there is one which has two; which, however, is a disputed +point. And about each separate division it is possible that some +people may think that there is room for a discussion. + +XXXVIII. Let us then bring forward some examples of those matters +which are agreed upon. And in favour of those which are doubtful, let +us bring forward some reasons. Now the argumentation which is divided +into five divisions is of this sort:--It is desirable, O judges, to +refer all laws to the advantage of the republic, and to interpret them +with reference to the general advantage, and according to the strict +wording according to which they are drawn up. For our ancestors were +men of such virtue and such wisdom, that when they were drawing up +laws, they proposed to themselves no other object than the safety and +advantage of the republic; for they were neither willing themselves to +draw up any law which could be injurious; and if they had drawn up one +of such a character, they were sure that it would be rejected when its +tendency was perceived. For no one wishes to preserve the laws for the +sake of the laws, but for the sake of the republic; because all men +believe that the republic is best managed by means of laws. It is +desirable, therefore, to interpret all written laws with reference to +that cause for the sake of which it is desirable that the laws should +be preserved. That is to say, since we are servants of the republic, +let us interpret the laws with reference to the advantage and benefit +of the republic. For as it is not right to think that anything results +from medicine except what has reference to the advantage of the body, +since it is for the sake of the body that the science of medicine has +been established; so it is desirable to think that nothing proceeds +from the laws except what is for the advantage of the republic, since +it is for the sake of the republic that laws were instituted. + +Therefore, while deciding on this point, cease to inquire about the +strict letter of the law, and consider the law (as it is reasonable to +do) with reference to the advantage of the republic. For what was more +advantageous for the Thebans than for the Lacedaemonians to be put +down? What object was Epaminondas, the Theban general, more bound +to aim at than the victory of the Thebans? What had he any right to +consider more precious or more dear to him, than the great glory then +acquired by the Thebans, than such an illustrious and magnificent +trophy? Surely, disregarding the letter of the law, it became him to +consider the intention of the framer of the law. And this now has been +sufficiently insisted on, namely, that no law has ever been drawn +up by any one, that had not for its object the benefit of the +commonwealth. He then thought that it was the very extremity of +madness, not to interpret with reference to the advantage of the +republic, that which had been framed for the sake of the safety of the +republic. And it is right to interpret all laws with reference to the +safety of the republic; and if he was a great instrument of the safety +of the republic, certainly it is quite impossible that he by one and +the same action should have consulted the general welfare, and yet +should have violated the laws. + +XXXIX. But argumentation consists of four parts, when we either +advance a proposition, or claim an assumption without proof. That it +is proper to do when either the proposition is understood by its own +merits, or when the assumption is self-evident and is in need of no +proof. If we pass over the proof of the proposition, the argumentation +then consists of four parts, and is conducted in this manner:--"O +judges, you who are deciding on your oaths, in accordance with the +law, ought to obey the laws; but you cannot obey the laws unless +you follow that which is written in the law. For what more certain +evidence of his intention could the framer of a law leave behind him, +than that which he himself wrote with great care and diligence? But if +there were no written documents, then we should be very anxious for +them, in order that the intention of the framer of the law might be +ascertained; nor should we permit Epaminondas, not even if he were +beyond the power of this tribunal, to interpret to us the meaning of +the law; much less will we now permit him, when, the law is at hand, +to interpret the intention of the lawgiver, not from that which is +most clearly written, but from that which is convenient for his own +cause. But if you, O judges, are bound to obey the laws, and if you +are unable to do so unless you follow what is written in the law; what +can hinder your deciding that he has acted contrary to the laws?" + +But if we pass over the proof of the assumption, again the +argumentation will be arranged under four heads, in this +manner:--"When men have repeatedly deceived us, having pledged their +faith to us, we ought not to give credit to anything that they say for +if we receive any injury; in consequence of their perfidy, there will +be no one except ourselves whom we shall have any right to accuse. And +in the first place, it is inconvenient to be deceived, in the +next place, it is foolish, thirdly, it is disgraceful. But the +Carthaginians have before this deceived us over and over again. It is +therefore the greatest insanity to rest any hopes on their good faith, +when you have been so often deceived by their treachery." + +When the proof both of the proposition and of the assumption is passed +over, the argumentation becomes threefold only, in this way--"We must +either live in fear of the Carthaginians if we leave them with their +power undiminished, or we must destroy their city. And certainly it is +not desirable to live in fear of them. The only remaining alternative +then is to destroy their city." + +XL But some people think that it is both possible and advisable at +times to pass over the summing up altogether, when it is quite evident +what is effected by ratiocination. And then if that be done they +consider that the argumentation is limited to two divisions, in this +way--"If she has had a child she is not a virgin. But she has had a +child." In this case they say it is quite sufficient to state the +proposition and assumption, since it is quite plain that the matter +which is here stated is such as does not stand in need of summing up. +But to us it seems that all ratiocination ought to be terminated in +proper form and that that defect which offends them is above all +things to be avoided namely, that of introducing what is self evident +into the summing up. + +But this will be possible to be effected if we come to a right +understanding of the different kinds of summing up. For we shall +either sum up in such a way as to unite together the proposition and +the assumption, in this way--"But if it is right for all laws to be +referred to the general advantage of the republic, and if this man +ensured the safety of the republic, undoubtedly he cannot by one +and the same action have consulted the general safety and yet have +violated the laws,"--or thus, in order that the opinion we advocate +may be established by arguments drawn from contraries, in this +manner--"It is then the very greatest madness to build hopes on the +good faith of those men by whose treachery you have been so repeatedly +deceived,"--or so that that inference alone be drawn which is already +announced, in this manner--"Let us then destroy their city,"--or so +that the conclusion which is desired must necessarily follow from the +assertion which has been established, in this way--"If she has had a +child, she has laid with a man. But she has had a child." This then is +established. "Therefore she has lain with a man." If you are unwilling +to draw this inference, and prefer inferring what follows, "Therefore +she has committed incest," you will have terminated your argumentation +but you will have missed an evident and natural summing up. + +Wherefore in long argumentations it is often desirable to draw +influences from combinations of circumstances, or from contraries. And +briefly to explain that point alone which is established, and in +those in which the result is evident, to employ arguments drawn from +consequences. But if there are any people who think that argumentation +ever consists of one part alone they will be able to say that it is +often sufficient to carry-on an argumentation in this way.--"Since +she has had a child, she has lain with a man." For they say that +this assertion requires no proof, nor assumption, nor proof of an +assumption, nor summing up. But it seems to us that they are misled +by the ambiguity of the name. For argumentation signifies two things +under one name, because any discussion respecting anything which is +either probable or necessary is called argumentation, and so also is +the systematic polishing of such a discussion. + +When then they bring forward any statement of this kind,--"Since she +has had a child, she has lain, with a man," they bring forward a plain +assertion, not a highly worked up argument, but we are speaking of the +parts of a highly worked up argument. + +XLI. That principle then has nothing to do with this matter. And with +the help of this distinction we will remove other obstacles which seem +to be in the way of this classification, if any people think that it +is possible that at times the assumption may be omitted, and at other +times the proposition, and if this idea has in it anything probable +or necessary, it is quite inevitable that it must affect the hearer in +some great degree. And if it were the only object in view, and if +it made no difference in what manner that argument which had been +projected was handled, it would be a great mistake to suppose that +there is such a vast difference between the greatest orators and +ordinary ones. + +But it will be exceedingly desirable to infuse variety into our +speech, for in all cases sameness is the mother of satiety. That will +be able to be managed if we not always enter upon our argumentation +in a similar manner. For in the first place it is desirable to +distinguish our orations as to their kinds, that is to say, at one +time to employ induction, and at another ratiocination. In the next +place, in the argumentation itself, it is best not always to begin +with the proposition, nor in every case to employ all the five +divisions, nor always to work up the different parts in the same +manner, but it is permissible sometimes to begin with the assumption, +sometimes with one or other of the proofs, sometimes with both, +sometimes to employ one kind of summing up, and sometimes another. And +in order that this variety may be seen, let us either write, or in any +example whatever let us exercise this same principle with respect to +those things which we endeavour to prove, that our task may be as easy +as possible. + +And concerning the parts of the argumentation it seems to us that +enough has been said. But we wish to have it understood that we hold +the doctrine that argumentations are handled in philosophy in many +other manners, and those too at times obscure ones, concerning which, +however, there is still some definite system laid down. But still +those methods appear to us to be inconsistent with the practice of an +orator. But as to those things which we think belong to orators, we +do not indeed undertake to say that we have attended to them more +carefully than others have, but we do assert that we have written on +them with more accuracy and diligence. At present let us go on in +regular order to the other points, as we originally proposed. + +XLII. Reprehension is that by means of which the proof adduced by the +opposite party is invalidated by arguing, or is disparaged, or is +reduced to nothing. And this sort of argument proceeds from the same +source of invention which confirmation employs, because whatever the +topics may be by means of which any statement can be confirmed, the +very same may be used in order to invalidate it. For nothing is to +be considered in all these inventions, except that which has been +attributed to persons or to things. Wherefore it will be necessary +that the invention and the high polish which ought to be given to +argumentation must be transferred to this part of our oration also +from those rules which have been already laid down. But in order that +we may give some precepts with reference to this part also, we will +explain the different methods of reprehension, and those who observe +them will more easily be able to do away with or invalidate those +statements which are made on the opposite side. + +All argumentation is reprehended when anything, whether it be one +thing only, or more than one of those positions which are assumed, is +not granted, or if, though they are granted, it is denied that the +conclusion legitimately follows from them, or if it is shown that the +very kind of argumentation is faulty, or if in opposition to one +form and reliable sort of argumentation another is employed which is +equally firm and convincing. Something of those positions which have +been assumed is not granted when either that thing which the opposite +party says is credible is denied to be such, or when what they think +admits of a comparison with the present case is shown to be unlike +it, or when what has been already decided is either turned aside +as referring to something else, or is impeached as having been +erroneously decided, or when that which the opposite party have called +a proof is denied to be such, or if the summing up is denied in +some one point or in every particular, or if it is shown that the +enumeration of matters stated and proved is incorrect, or if the +simple conclusion is proved to contain something false. For everything +which is assumed for the purpose of arguing on, whether as necessary +or as only probable, must inevitably be assumed from these topics, as +we have already pointed out. + +XLIII. What is assumed as something credible is invalidated, if it is +either manifestly false, in this way:--"There is the one who would not +prefer riches to wisdom." Or on the opposite side something credible +may be brought against it, in this manner--"Who is there who is not +more desirous of doing his duty than of acquiring money?" Or it may be +utterly and absolutely incredible, as if some one, who it is notorious +is a miser, were to say that he had neglected the acquisition of some +large sum of money for the sake of performing some inconsiderable +duty. Or if that which happens in some circumstances, and to some +persons, were asserted to happen habitually in all cases and to +everybody, in this way.--'Those men who are poor have a greater regard +for money than for duty.' 'It is very natural that a murder should +have been committed in that which is a desert place.' How could a man +be murdered in a much frequented place? Or if a thing which is done +seldom is asserted never to be done at all, as Curius asserts in his +speech in behalf of Fulvius, where he says, "No one can fall in love +at a single glance, or as he is passing by." + +But that which is assumed as a proof may be invalidated by a +recurrence to the same topics as those by which it is sought to be +established. For in a proof the first thing to be shown is that it is +true, and in the next place, that it is one especially affecting the +matter which is under discussion, as blood is a proof of murder in the +next place, that that has been done which ought not to have been, or +that has not been done which ought to have been and last of all, that +the person accused was acquainted with the law and usages affecting +the matter which is the subject of inquiry. For all these circumstance +are matters requiring proof, and we will explain them more carefully, +when we come to speak about conjectural statements separately. +Therefore, each of these points in a reprehension of the statement of +the adversary must be laboured, and it must be shown either that such +and such a thing is no proof, or that it is an unimportant proof, or +that it is favourable to oneself rather than to the adversary, or that +it is altogether erroneously alleged, or that it may be diverted so as +to give grounds to an entirely different suspicion. + +XLIV. But when anything is alleged as a proper object of comparison, +since that is a class of argument which turns principally on +resemblance, in reprehending the adversity it will be advisable to +deny that there is any resemblance at all to the case with which it is +attempted to institute the comparison. And that may be done if it +be proved to be different in genus or in nature, or in power, or +in magnitude, or in time or place, or with reference to the person +affected, or to the opinions generally entertained of it. And if it +be shown also in what classification that which is brought forward on +account of the alleged resemblance and in what place too the whole +genus with reference to which it is brought forward, ought to be +placed. After that it will be pointed out how the one thing differs +from the other, from which we shall proceed to show that a different +opinion ought to be entertained of that which is brought forward by +way of comparison, and of that to which it is sought to be compared. +And this sort of argument we especially require when that particular +argumentation which is carried on by means of induction is to be +reprehended. If any previous decision be alleged, since these are the +topics by which it is principally established, the praise of those who +have delivered such decision, the resemblance of the matter which is +at present under discussion to that which has already been the subject +of the decision referred to, that not only the decision is not found +fault with because it is mentioned, but that it is approved of by +every one, and by showing too, that the case which has been already +decided is a more difficult and a more important one than that which +is under consideration now. It will be desirable also to invalidate +it by arguments drawn from the contrary topics, if either truth or +probability will allow us to do so. And it will be necessary to take +care and notice whether the matter which has been decided has any real +connexion with that which is the present subject of discussion, and +we must also take care that no case is adduced in which any error has +been committed, so that it should seem that we are passing judgment on +the man himself who has delivered the decision referred to. + +It is desirable further to take care that they do not bring forward +some solitary or unusual decision when there have been many decisions +given the other way. For by such means as this the authority of the +decision alleged can be best invalidated. And it is desirable that +those arguments which are assumed as probable should be handled in +this way. + +XLV. But those which are brought forward as necessary, if they are +only imitations of a necessary kind of argumentation and are not so in +reality, may be reprehended in this manner. In the first place, the +summing up, which ought to take away the force of the admissions you +have made if it be a correct one, will never be reprehended, if it +be an incorrect one it may be attacked by two methods, either by +conversion or by the invalidating one portion of it. By conversion, in +this way. + + + "For if the man be modest, why should you + Attack so good a man? And if his heart + And face be seats of shameless impudence, + Then what avails your accusation + Of one who views all fame with careless eye?" + + +In this case, whether you say that he is a modest man or that he is +not, he thinks that the unavoidable inference is that you should not +accuse him. But that may be reprehended by conversion thus--"But +indeed, he ought to be accused, for if he be modest, accuse him, for +he will not treat your imputations against him lightly, but if he has +a shameless disposition of mind, still accuse him, for in that case he +is not a respectable man." + +And again, the argument may be reprehended by an invalidating of +the other part of it--"But if he is a modest man, when he has +been corrected by your accusation he will abandon his error." An +enumeration of particulars is understood to be faulty if we either say +that something has been passed over which we are willing to admit, or +if some weak point has been included in it which can be contradicted, +or if there is no reason why we may not honestly admit it. Something +is passed over in such an enumeration as this.--"Since you have +that horse, you must either have bought it, or have acquired it by +inheritance, or have received it as a gift, or he must have been born +on your estate, or, if none of these alternatives of the case, you +must have stolen it. But you did not buy it, nor did it come to you by +inheritance, nor was it foaled on your estate, nor was it given to you +as a present, therefore you must certainly have stolen it." + +This enumeration is fairly reprehended, if it can be alleged that the +horse was taken from the enemy, as that description of booty is not +sold. And if that be alleged, the enumeration is disproved, since that +matter has been stated which was passed over in such enumeration. + +XLVI. But it will also be reprehended in another manner, if any +contradictory statement is advanced; that is to say, just by way of +example, if, to continue arguing from the previous case, it can be +shown that the horse did come to one by inheritance, or if it should +not be discreditable to admit the last alternative, as if a person, +when his adversaries said,--"You were either laying an ambush against +the owner, or you were influenced by a friend, or you were carried +away by covetousness," were to confess that he was complying with the +entreaties of his friend. + +But a simple conclusion is reprehended if that which follows does not +appear of necessity to cohere with that which has gone before. For +this very proposition, "If he breathes, he is alive," "If it is day, +it is light," is a proposition of such a nature that the latter +statement appears of necessity to cohere with the preceding one. But +this inference, "If she is his mother, she loves him," "If he has ever +done wrong, he will never be chastised," ought to be reprehended in +such a manner as to show that the latter proposition does not of +necessity cohere with the former. + +Inferences of this kind, and all other unavoidable conclusions, and +indeed all argumentation whatever, and its reprehension too, contains +some greater power and has a more extensive operation than is here +explained. But the knowledge of this system is such that it cannot +be added to any portion of this art, not that it does of itself +separately stand in need of a long time, and of deep and arduous +consideration. Wherefore those things shall be explained by us at +another time, and when we are dealing with another subject, if +opportunity be afforded us. At present we ought to be contented with +these precepts of the rhetoricians given for the use of orators. When, +therefore, any one of these points which are assumed is not granted, +the whole statement is invalidated by these means. + +XLVII. But when, though these things are admitted, a conclusion is +not derived from them, we must consider these points too, whether any +other conclusion is obtained, or whether anything else is meant, in +this way,--If, when any one says that he is gone to the army, and any +one chooses to use this mode of arguing against him, "If you had come +to the army you would have been seen by the military tribunes, but you +were not seen by them, therefore you did not go to the army." On this +case, when you have admitted the proposition, and the assumption, you +have got to invalidate the conclusion, for some other inference has +been drawn, and not the one which was inevitable. + +And at present, indeed, in order that the case might be more easily +understood, we have brought forward an example pregnant with a +manifest and an enormous error; but it often happens that an error +when stated obscurely is taken for a truth; when either you do not +recollect exactly what admissions you have made, or perhaps you have +granted something as certain which is extremely doubtful. If you have +granted something which is doubtful on that side of the question which +you yourself understand, then if the adversary should wish to adapt +that part to the other part by means of inference, it will be +desirable to show, not from the admission which you have made, but +from what he has assumed, that an inference is really established; in +this manner:--"If you are in need of money, you have not got money. If +you have not got money, you are poor. But you are in need of money, +for if it were not so you would not pay attention to commerce; +therefore you are poor." This is refuted in this way:--"When you said, +if you are in need of money you have not got money, I understood you +to mean, 'If you are in need of money from poverty, then you have +not got money;' and therefore I admitted the argument. But when you +assumed, 'But you are in need of money,' I understood you to mean, +'But you wish to have more money.' But from these admissions this +result, 'Therefore you are poor,' does not follow. But it would follow +if I had made this admission to you in the first instance, that any +one who wished to have more money, had no money at all." + +XLVIII. But many often think that you have forgotten what admissions +you made, and therefore an inference which does not follow +legitimately is introduced into the summing up as if it did follow; in +this way:--"If the inheritance came to him, it is probable that he +was murdered by him." Then they prove this at considerable length. +Afterwards they assume, But the inheritance did come to him. Then the +inference is deduced; Therefore he did murder him. But that does +not necessarily follow from what they had assumed. Wherefore it is +necessary to take great care to notice both what is assumed, and what +necessarily follows from those assumptions. But the whole description +of argumentation will be proved to be faulty on these accounts; if +either there is any defect in the argumentation itself, or if it is +not adapted to the original intention. And there will be a defect in +the argumentation itself, if the whole of it is entirely false, or +common, or ordinary, or trifling, or made up of remote suppositions; +if the definition contained in it be faulty, if it be controverted, +if it be too evident, if it be one which is not admitted, or +discreditable, or objected to, or contrary, or inconstant, or adverse +to one's object. + +That is false in which there is evidently a lie; in this +manner:--"That man cannot be wise who neglects money. But Socrates +neglected money; therefore he was not wise." That is common which does +not make more in favour of our adversaries than of ourselves; in +this manner:--"Therefore, O judges, I have summed up in a few words, +because I had truth on my side." That is ordinary which, if the +admission be now made, can be transferred also to some other case +which is not easily proved; in this manner:--"If he had not truth on +his side, O judges, he would never have risked committing himself to +your decision." That is trifling which is either uttered after the +proposition, in this way:--"If it had occurred to him, he would not +have done so;" or if a man wishes to conceal a matter manifestly +disgraceful under a trifling defence, in this manner:-- + + + "Then when all sought your favour, when your hand + Wielded a mighty sceptre, I forsook you; + But now when all fly from you, I prepare + Alone, despising danger, to restore you." + + +XLIX. That is remote which is sought to a superfluous extent, in this +manner:--"But if Publius Scipio had not given his daughter Cornelia in +marriage to Tiberius Gracchus, and if he had not had the two Gracchi +by her, such terrible seditions would never have arisen. So that all +this distress appears attributable to Scipio." And like this is that +celebrated complaint-- + + + "Oh that the woodman's axe had spared the pine + That long on Pelion's lofty summit grew."[57] + + +For the cause is sought further back than is at all necessary. That +is a bad definition, when it either describes common things in this +manner:--"He is seditious who is a bad and useless citizen;" for this +does not describe the character of a seditious man more than of an +ambitious one,--of a calumniator, than of any wicked man whatever, +in short. Or when it says anything which is false; in this +manner:--"Wisdom is a knowledge how to acquire money." Or when it +contains something which is neither dignified nor important; in this +way:--"Folly is a desire of inordinate glory." That, indeed, is one +folly; but this is defining folly by a species, not by its whole +genus. It is controvertible when a doubtful cause is alleged, for the +sake of proving a doubtful point; in this manner:-- + + + "See how the gods who rule the realms above + And shades below, and all their motions sway, + Themselves are all in tranquil concord found." + + +That is self-evident, about which there is no dispute at all. As if +any one while accusing Orestes were to make it quite plain that his +mother had been put to death by him. That is a disputable definition, +when the very thing which we are amplifying is a matter in dispute. +As if any one, while accusing Ulysses, were to dwell on this point +particularly, that it is a scandalous thing that the bravest of +men, Ajax, should have been slain by a most inactive man. That is +discreditable which either with respect to the place in which it is +spoken, or to the man who utters it, or to the time at which it is +uttered, or to those who hear it, or to the matter which is the +subject of discussion, appears scandalous on account of the subject +being a discreditable one. That is an offensive one, which offends the +inclinations of those who hear it; as if any one were to praise the +judiciary law of Caepio before the Roman knights, who are themselves +desirous of acting as judges. + +L. That is a contrary definition, which is laid down in opposition to +the actions which those who are the hearers of the speech have done; +as if any one were to be speaking before Alexander the Great against +some stormer of a city, and were to say that nothing was more inhuman +than to destroy cities, when Alexander himself had destroyed Thebes. +That is an inconsistent one, which is asserted by the same man in +different senses concerning the same case; as if any one, after he has +said that the man who has virtue is in need of nothing whatever for +the purpose of living well, were afterwards to deny that any one could +live well without good health; or that he would stand by a friend in +difficulty out of good-will towards him, for that then he would hope +that some good would accrue to himself by so doing. + +That is an adverse definition, which in some particular is an actual +injury to one's own cause; as if any one were to extol the power, and +resources, and prosperity of the enemy, while encouraging his own +soldiers to fight. If some part of the argumentation is not adapted to +the object which is or ought to be proposed to one, it will be found +to be owing to some one of these defects. If a man has promised a +great many points and proved only a few; or if, when he is bound to +prove the whole, he speaks only of some portion; in this way:--The +race of women is avaricious; for Eriphyle sold the life of her husband +for gold. Or if he does not speak in defence of that particular point +which is urged in accusation; as if any one when accused of corruption +were to defend himself by the statement that he was brave; as Amphion +does in Euripides, and so too in Pacuvius, who, when his musical +knowledge is found fault with, praises his knowledge of philosophy. +Or if a part of conduct be found fault with on account of the bad +character of the man; as if any one were to blame learning on account +of the vices of some learned men. Or if any one while wishing to +praise somebody were to speak of his good fortune, and not of his +virtue; or if any one were to compare one thing with another in such +a manner as to think that he was not praising the one unless he was +blaming the other; or if he were to praise the one in such a manner as +to omit all mention of the other. + +Or if, when an inquiry is being carried on respecting one particular +point, the speech is addressed to common topics; as if any one, while +men are deliberating whether war shall be waged or not, were to devote +himself wholly to the praises of peace, and not to proving that that +particular war is inexpedient. Or if a false reason for anything be +alleged, in this way:--Money is good because it is the thing which, +above all others, makes life happy. Or if one is alleged which is +invalid, as Plautus says:-- + + + "Sure to reprove a friend for evident faults + Is but a thankless office; still 'tis useful, + And wholesome for a youth of such an age, + And so this day I will reprove my friend, + Whose fault is palpable."--_Plautus, Frinummus_, Act i. sc. 2, + l.1. + + +Or in this manner, if a man were to say, "Avarice is the greatest +evil; for the desire of money causes great distress to numbers of +people." Or it is unsuitable, in this manner:--"Friendship is the +greatest good for there are many pleasures in friendship." + +LI. The fourth manner of reprehension was stated to be that by which, +in opposition to a solid argumentation, one equally, or still more +solid, has been advanced. And this kind of argumentation is especially +employed in deliberations when we admit that something which is said +in opposition to us is reasonable, but still prove that that conduct +which we are defending is necessary; or when we confess that the line +of conduct which they are advocating is useful, and prove that what +we ourselves are contending for is honourable. And we have thought it +necessary to say thus much about reprehension; now we will lay down +some rules respecting the conclusion. + +Hermagoras places digression next in order, and then the ultimate +conclusion. But in this digression he considers it proper to introduce +some inferential topics, unconnected with the cause and with the +decision itself, which contain some praise of the speaker himself, or +some vituperation of the adversary, or else may lead to some other +topic from which he may derive some confirmation or reprehension, not +by arguing, but by expanding the subject by some amplification or +other. If any one thinks that this is a proper part of an oration, he +may follow Hermagoras. For precepts for embellishing, and praising, +and blaming, have partly been already given by us, and partly will be +given hereafter in their proper place. But we do not think it right +that this part should be classed among the regular divisions of a +speech, because it appears improper that there should be digressions, +except to some common topics, concerning which subject we must speak +subsequently. But it does not seem desirable to handle praise and +vituperation separately, but it seems better that they should be +considered as forming part of the argumentation itself. At present we +will treat of the conclusion of an oration. + +LII. The conclusion is the end and terminating of the whole oration. +It has three parts,--enumeration, indignation, and complaint. +Enumeration is that by which matters which have been related in a +scattered and diffuse manner are collected together, and, for the sake +of recollecting them, are brought under our view. If this is always +treated in the same manner, it will be completely evident to every one +that it is being handled according to some artificial system; but if +it be done in many various ways, the orator will be able to escape +this suspicion, and will not cause such weariness. Wherefore it will +be desirable to act in the way which most people adopt, on account of +its easiness; that is, to touch on each topic separately, and in that +manner briefly to run over all sorts of argumentation; and also (which +is, however, more difficult) to recount what portions of the subject +you previously mentioned in the arrangement of the subject, as those +which you promised to explain; and also to bring to the recollection +of your hearers the reasonings by which you established each separate +point, and then to ask of those who are hearing you what it is which +they ought to wish to be proved to them; in this way:--"We proved +this; we made that plain;" and by this means the hearer will recover +his recollection of it, and will think that there is nothing besides +which he ought to require. + +And in these kinds of conclusions, as has been said before, it will +be serviceable both to run over the arguments which you yourself have +employed separately, and also (which is a matter requiring still +greater art) to unite the opposite arguments with your own; and to +show how completely you have done away with the arguments which were +brought against you. And so, by a brief comparison, the recollection +of the hearer will be refreshed both as to the confirmation which you +adduced, and as to the reprehension which you employed. And it will be +useful to vary these proceedings by other methods of pleading also. +But you may carry on the enumeration in your own person, so as to +remind your hearers of what you said, and in what part of your speech +you said each thing; and also you may bring on the stage some other +character, or some different circumstance, and then make your whole +enumeration with reference to that. If it is a person, in this +way:--"For if the framer of the law were to appear, and were to +inquire of you why you doubted, what could you say after this, and +this, and this has been proved to you?" And in this case, as also in +our own character, it will be in our power to run over all kinds of +argumentation separately: and at one time to refer all separate genera +to different classes of the division, and at another to ask of the +hearer what he requires, and at another to adopt a similar course by a +comparison of one's own arguments and those of the opposite party. + +But a different class of circumstance will be introduced if an +enumerative oration be connected with any subject of this sort,--law, +place, city, or monument, in this manner.--"What if the laws +themselves could speak? Would not they also address this complaint to +you? What more do you require, O judges when this, and this, and this +has been already made plain to you?" And in this kind of argument it +is allowable to use all these same methods. But this is given as a +common precept to guide one in framing an enumeration, that out of +every part of the argument, since the whole cannot be repeated over +again, that is to be selected which is of the greatest weight, and +that each point is to be run over as briefly as possible, so that +it shall appear to be only a refreshing of the recollection of the +hearers, not a repetition of the speech. + +LIII. Indignation is a kind of speech by which the effect produced is, +that great hatred is excited against a man, or great dislike of some +proceeding is originated. In an address of this kind we wish to have +this understood first, that it is possible to give vent to indignation +from all those topics which we have suggested in laying down precepts +for the confirmation of a speech. For any amplifications whatever, +and every sort of indignation may be expressed, derived from those +circumstances which are attributed to persons and to things, but +still we had better consider those precepts which can be laid down +separately with respect to indignation. + +The first topic is derived from authority, when we relate what a great +subject of anxiety that affair has been to the immortal gods, or to +those whose authority ought to carry the greatest weight with it. +And that topic will be derived from prophecies, from oracles, from +prophets, from tokens, from prodigies, from answers, and from other +things like these. Also from our ancestors, from kings, from states, +from nations from the wisest men, from the senate, the people, the +framers of laws. The second topic is that by which it is shown +with amplification, by means of indignation, whom that affair +concerns,--whether it concerns all men or the greater part of men, +(which is a most serious business,) or whether it concerns the higher +classes, such as those men are on whose authority the indignation +which we are professing is grounded, (which is most scandalous,) or +whether it affects those men who are one's equals in courage, and +fortune, and personal advantages, (which is most iniquitous,) or +whether it affects our inferiors, (which is most arrogant). + +The third topic is that which we employ when we are inquiring what is +likely to happen, if every one else acts in the same manner. And at +the same time we point out if this man is permitted to act thus, that +there will be many imitators of the same audacity, and then from that +we shall be able to point out how much evil will follow. + +The fourth topic is one by the use of which we show that many men are +eagerly looking out to see what is decided, in order that they may be +able to see by the precedent of what is allowed to one, what will be +allowed to themselves also in similar circumstances. + +The fifth topic is one by the use of which we show that everything +else which has been badly managed, as soon as the truth concerning +them is ascertained, may be all set right, that this thing, however, +is one which, if it be once decided wrongly, cannot be altered by any +decision, nor set right by any power. + +The sixth topic is one by which the action spoken of is proved to have +been done designedly and on purpose, and then we add this argument, +that pardon ought not to be granted to an intentional crime. + +The seventh topic is one which we employ when we say that any deed +is foul, and cruel, and nefarious, and tyrannical; that it has been +effected by violence or by the influence of riches--a thing which +is as remote as possible from the laws and from all ideas of equal +justice. + +LIV. An eighth topic is one of which we avail ourselves to demonstrate +that the crime which is the present subject of discussion is not +a common one,--not one such as is often perpetrated. And, that is +foreign to the nature of even men in a savage state, of the most +barbarous nations, or even of brute beasts. Actions of this nature are +such as are wrought with cruelty towards one's parents, or wife, or +husband, or children, or relations, or suppliants; next to them, +if anything has been done with inhumanity towards a man's +elders,--towards those connected with one by ties of hospitality, +--towards one's neighbours or one's friends,--to those with +whom one has been in the habit of passing one's life,--to those +by whom one has been brought up,--to those by whom one has been +taught,--to the dead,--to those who are miserable and deserving of +pity,--to men who are illustrious, noble, and who have been invested +with honours and offices,--to those who have neither had power to +injure another nor to defend themselves, such as boys, old men, women: +by all which circumstances indignation is violently excited, and will +be able to awaken the greatest hatred against a man who has injured +any of these persons. + +The ninth topic is one by which the action which is the subject of the +present discussion is compared with others which are admitted on all +hands to be offences. And in that way it is shown by comparison how +much more atrocious and scandalous is the action which is the present +subject of discussion. + +The tenth topic is one by which we collect all the circumstances which +have taken place in the performance of this action, and which have +followed since that action, with great indignation at and reproach of +each separate item, and by our description we bring the case as far as +possible before the eyes of the judge before whom we are speaking, so +that that which is scandalous may appear quite as scandalous to him as +if he himself had been present to see what was done. + +The eleventh topic is one which we avail ourselves of when we are +desirous to show that the action has been done by him whom of all men +in the world it least became to do it, and by whom indeed it ought to +have been prevented if any one else had endeavoured to do it. + +The twelfth topic is one by means of which we express our indignation +that we should be the first people to whom this has happened, and that +it has never occurred in any other instance. + +The thirteenth topic is when insult is shown to have been added +to injury, and by this topic we awaken hatred against pride and +arrogance. + +The fourteenth topic is one which we avail ourselves of to entreat +those who hear us to consider our injuries as if they affected +themselves; if they concern our children, to think of their own, if +our wives have been injured, to recollect their own wives, if it is +our aged relations who have suffered, to remember their own fathers or +ancestors. + +The fifteenth topic is one by which we say that those things which +have happened to us appear scandalous even to foes and enemies, and +as a general rule, indignation is derived from one or other of these +topics. + +LV. But complaint will usually take its origin from things of this +kind. Complaint is a speech seeking to move the pity of the hearers. +In this it is necessary in the first place to render the disposition +of the hearer gentle and merciful, in order that it may the more +easily be influenced by pity. And it will be desirable to produce that +effect by common topics, such as those by which the power of fortune +over all men is shown, and the weakness of men too is displayed, +and if such an argument is argued with dignity and with impressive +language, then the minds of men are greatly softened, and prepared to +feel pity, while they consider their own weakness in the contemplation +of the misfortunes of another. + +Then the first topic to raise pity is that by which we show how great +the prosperity of our clients was, and how great their present misery +is. + +The second is one which is divided according to different periods, +according to which it is shown in what miseries they have been, and +still are, and are likely to be hereafter. + +The third topic is that by which each separate inconvenience is +deplored, as, for instance, in speaking of the death of a man's son, +the delight which the father took in his childhood, his love for him, +his hope of him, the comfort he derived from him, the pains he took +in his bringing up, and all other instances of the same sort, may be +mentioned so as to exaggerate the complaint. + +The fourth topic is one in which all circumstances which are +discreditable or low or mean are brought forward, all circumstances +which are unworthy of a man's age, or both, or fortune, or former +honours or services, all the disasters which they have suffered or are +liable to suffer. + +The fifth topic is that by using which all disadvantages we brought +separately before the eyes of the hearer, so that he who hears of them +may seem to see them, and by the very facts themselves, and not only +by the description of them, may be moved to pity as if he had been +actually present. + +The sixth topic is one by which the person spoken of is shown to be +miserable, when he had no reason to expect any such fate; and that +when he was expecting something else, he not only failed to obtain it, +but fell into the most terrible misfortunes. + +The seventh is one by which we suppose the fact of a similar mischance +befalling the men who are listening to us, and require of them when +they behold us to call to mind their own children, or their parents, +or some one for whom they are bound to entertain affections. + +The eighth is one by which something is said to have been done which +ought not to have been done; or not to have been done which ought to +have been. In this manner:--"I was not present, I did not see him, +I did not hear his last words, I did not receive his last breath. +Moreover, he died amid his enemies, he lay shamefully unburied in an +enemy's country, being torn to pieces by wild beasts, and was deprived +in death of even that honour which is the due of all men." + +The ninth is one by which our speech is made to refer to things which +are void both of language and sense; as if you were to adapt your +discourse to a horse, a house, or a garment; by which topics the minds +of those who are hearing, and who have been attached to any one, are +greatly moved. + +The tenth is one by which want, or weakness, or the desolate condition +of any one is pointed out. + +The eleventh is one in which is contained a recommendation to bury +one's children, or one's parents, or one's own body, or to do any +other such thing. + +The twelfth is one in which a separation is lamented when you are +separated from any one with whom you have lived most pleasantly,--as +from a parent, a son, a brother, an intimate friend. + +The thirteenth is one used when we complain with great indignation +that we are ill-treated by those by whom above all others we least +ought to be so,--as by our relations, or by friends whom we have +served, and whom we have expected to be assistants to us; or by whom +it is a shameful thing to be ill-treated,--as by slaves, or freedmen, +or clients, or suppliants. + +The fourteenth is one which is taken as an entreaty, in which those +who hear us are entreated, in a humble and suppliant oration, to have +pity on us. + +The fifteenth is one in which we show that we are complaining not only +of our own fortunes, but of those who ought to be dear to us. + +The sixteenth is one by using which we show that our hearts are full +of pity for others; and yet give tokens at the same time that it will +be a great and lofty mind, and one able to endure disaster if any such +should befall us. For often virtue and splendour, in which there is +naturally great influence and authority, have more effect in exciting +pity than humility and entreaties. And when men's minds are moved it +will not be right to dwell longer on complaints; for, as Apollonius +the rhetorician said, "Nothing dries quicker than a tear." + +But since we have already, as it seems, said enough of all the +different parts of a speech, and since this volume has swelled to a +great size, what follows next shall be stated in the second book. + + * * * * * + + + + +THE SECOND BOOK OF THE RHETORIC, OR OF THE TREATISE ON RHETORICAL +INVENTION, OF M.T. CICERO. + +I. Some men of Crotona, when they were rich in all kinds of resources, +and when they were considered among the most prosperous people in +Italy, were desirous to enrich the temple of Juno, which they regarded +with the most religious veneration, with splendid pictures. Therefore +they hired Zeuxis of Heraclea at a vast price, who was at that time +considered to be far superior to all other painters, and employed +him in that business. He painted many other pictures, of which some +portion, on account of the great respect in which the temple is held, +has remained to within our recollection; and in order that one of his +mute representations might contain the preeminent beauty of the female +form, he said that he wished to paint a likeness of Helen. And the men +of Crotona, who had frequently heard that he excelled all other men in +painting women, were very glad to hear this; for they thought that if +he took the greatest pains in that class of work in which he had the +greatest skill, he would leave them a most noble work in that temple. + +Nor were they deceived in that expectation: for Zeuxis immediately +asked of them what beautiful virgins they had; and they immediately +led him into the palaestra, and there showed him numbers of boys of +the highest birth and of the greatest beauty. For indeed, there was a +time when the people of Crotona were far superior to all other cities +in the strength and beauty of their persons; and they brought home +the most honourable victories from the gymnastic contests, with the +greatest credit. While, therefore, he was admiring the figures of the +boys and their personal perfection very greatly; "The sisters," say +they, "of these boys are virgins in our city, so that how great their +beauty is you may infer from these boys." "Give me, then," said he, +"I beg you, the most beautiful of these virgins, while I paint the +picture which I promised you, so that the reality may be transferred +from the breathing model to the mute likeness." Then the citizens of +Crotona, in accordance with a public vote, collected the virgins into +one place, and gave the painter the opportunity of selecting whom he +chose. But he selected five, whose names many poets have handed down +to tradition, because they had been approved by the judgment of the +man who was bound to have the most accurate judgment respecting +beauty. For he did not think that he could find all the component +parts of perfect beauty in one person, because nature has made nothing +of any class absolutely perfect in every part. Therefore, as if nature +would not have enough to give to everybody if it had given everything +to one, it balances one advantage bestowed upon a person by another +disadvantage. + +II. But since the inclination has arisen in my mind to write a +treatise on the art of speaking, we have not put forth any single +model of which every portion was necessarily to be copied by us, of +whatever sort they might be; but, having collected together all the +writers on the subject into one place, we have selected what each +appears to have recommended which may be most serviceable, and we have +thus culled the flower from various geniuses. For of those who are +worthy of fame or recollection, there is no one who appears either to +have said nothing well, or everything admirably. So that it seemed +folly either to forsake the sensible maxims brought forward by any +one, merely because we are offended at some other blunder of his, or, +on the other hand, to embrace his faults because we have been tempted +by some sensible precept which he has also delivered. + +But if in other pursuits also men would select all that was found most +sensible from many sources, instead of devoting themselves to one +fixed leader, they would err less on the side of arrogance; they +would not persist so much in error, and they would make less enormous +mistakes through ignorance. And if we had as deep an acquaintance with +this art as he had with that of painting, perhaps this work of ours +might appear as admirable in its kind as his picture did. For we have +had an opportunity of selecting from a much more copious store of +models than he had. He was able to make his selection from one city, +and from that number of virgins only which existed at that time and +place; but we have had opportunity of making our selection from all +the men who have ever lived from the very first beginning of this +science, being reduced to a system up to the present day, and taking +whatever we thought worth while from all the stores which lay open +before us. + +And Aristotle, indeed, has collected together all the ancient writers +on this art, from the first writer on the subject and inventor of it, +Tisias, and has compiled with great perspicuity the precepts of each +of them, mentioning them by name, after having sought them out with +exceeding care; and he has disentangled them with great diligence +and explained their difficulties; and he has so greatly excelled the +original writers themselves in suavity and brevity of diction, that no +one is acquainted with their precepts from their own writings, but all +who wish to know what maxims they have laid down, come back to him as +to a far more agreeable expounder of their meaning. + +And he himself has set before us himself and those too who had lived +before his time, in order that we might be acquainted with the method +of others, and with his own. And those who have followed him, although +they have expended a great deal of labour on the most profound and +important portions of philosophy, as he himself also, whose example +they were following, had done, have still left us many precepts on the +subject of speaking. And other masters of this science have also come +forward, taking their rise, as it were in other springs, who have also +been of great assistance in eloquence, as far at least as artificial +rules can do any good. For there lived at the same time as Aristotle, +a great and illustrious rhetorician, named Isocrates, though we have +not entirely discovered what his system was. + +But we have found many lessons respecting their art from his pupils +and from those who proceeded immediately afterwards from this school. + +III. From these two different families, as it were, the one of which, +while it was chiefly occupied with philosophy, still devoted some +portion of its attention to the rhetorical science, and the other was +wholly absorbed in the study and teaching of eloquence, but both kinds +of study were united by their successors, who brought to the aid of +their own pursuits those things which appeared to have been profitably +said by either of them, and those and the others their predecessors +are the men whom we and all our countrymen have proposed to ourselves +as models, as far as we were able to make them so, and we have also +contributed something from our own stores to the common stock. + +But if the things which are set forth in these books deserved to +be selected with such great eagerness and care as they were, then +certainly, neither we ourselves nor others will repent of our +industry. But if we appear either rashly to have passed over some +doctrine of some one worth noticing, or to have adopted it without +sufficient elegance, in that case when we are taught better by some +one, we will easily and cheerfully change our opinion. For what is +discreditable is, not the knowing little, but the persisting foolishly +and long in what one does not understand, because the one thing is +attributed to the common infirmity of man, but the other to the +especial fault of the individual. + +Wherefore we, without affirming anything positively, but making +inquiry at the same time, will advance each position with some doubt, +lest while we gain this trifling point of being supposed to have +written this treatise with tolerable neatness, we should lose that +which is of the greater importance, the credit, namely, of not +adopting any idea rashly and arrogantly. But this we shall endeavour +to gain both at present and during the whole course of our life with +great care, as far as our abilities will enable us to do so. But at +present, lest we should appear to be too prolix, we will speak of the +other points which it seems desirable to insist on. + +Therefore, while we were explaining the proper classification of this +art, and its duties, and its object, and its subject matter, and its +divisions, the first book contained an account of the different kinds +of disputes, and inventions, and statements of cases, and decisions. +After that, the parts of a speech were described, and all necessary +precepts for all of them were laid down. So that we not only discussed +other topics in that book with tolerable distinctness, we spoke +at that same time in a more scattered manner of the topics of +confirmation and reprehension; and at present we think it best to give +certain topics for confirming and reprehending, suited to every class +of causes. And because it has been explained with some diligence in +the former book, in what manner argumentations ought to be handled, in +this book it will be sufficient to set forth the arguments which have +been discovered for each kind of subject simply, and without any +embellishment, so that, in this book, the arguments themselves may be +found, and in the former, the proper method of polishing them. So that +the reader must refer the precepts which are now laid down, to the +topics of confirmation and reprehension. + +IV. Every discussion, whether demonstrative, or deliberative, or +judicial, must be conversant with some kind or other of statement of +the case which has been explained in the former book; sometimes with +one, sometimes with several. And though this is the case, still as +some things can be laid down in a general way respecting everything, +there are also other rules and different methods separately laid down +for each particular kind of discussion. For praise, or blame, or the +statement of an opinion, or accusation, or denial, ought all to effect +different ends. In judicial investigations the object of inquiry is, +what is just, in demonstrative discussion the question is what is +honourable, in deliberations, in our opinion, what we inquire is, what +is honourable and at the same time expedient. For the other writers +on this subject have thought it right to limit the consideration of +expediency to speeches directed to persuasion or dissuasion. + +Those kinds of discussions then whose objects and results are +different, cannot be governed by the same precepts. Not that we are +saying now that the same statement of the case is not admissible in +all of them, but some kinds of speech arise from the object and kind +of the discussion, if it refers to the demonstration of some kind of +life, or to the delivery of some opinion. Wherefore now, in explaining +controversies, we shall have to deal with causes and precepts of a +judicial kind, from which many precepts also which concern similar +disputes will be transferred to other kinds of causes without much +difficulty. But hereafter we will speak separately of each kind. + +At present we will begin with the conjectural statement of a case +of which this example may be sufficient to be given--A man overtook +another on his journey as he was going on some commercial expedition, +and carrying a sum of money with him, he, as men often do entered into +conversation with him on the way, the result of which was, that they +both proceeded together with some degree of friendship, so that when +they had arrived at the same inn, they proposed to sup together and to +sleep in the same apartment. Having supped, they retired to rest in +the same place. But when the innkeeper (for that is what is said to +have been discovered since, after the man had been detected in another +crime) had taken notice of one of them, that is to say, of him who had +the money, he came by night, after he had ascertained that they were +both sound asleep, as men usually are when tired, and took from its +sheath the sword of the one who had not the money, and which sword he +had lying by his side and slew the other man with it and took away +his money, and replaced the bloody sword in the sheath, and returned +himself to his bed. + +But the man with whose sword the murder had been committed, rose +long before dawn and called over and over again on his companion; he +thought that he did not answer because he was overcome with sleep; and +so he took his sword and the rest of the things which he had with him, +and departed on his journey alone. The innkeeper not long afterwards +raised an outcry that the man was murdered, and in company with some +of his lodgers pursued the man who had gone away. They arrest him on +his journey, draw his sword out of its sheath, and find it bloody, the +man is brought back to the city by them, and put on his trial. On this +comes the allegation of the crime, "You murdered him," and the denial, +"I did not murder him," and from this is collected the statement of +the case. The question in the conjectural examination is the same as +that submitted to the judges, "Did he murder him, or not?" + +V. Now we will set forth the topics one portion of which applies to +all conjectural discussion. But it will be desirable to take notice of +this in the exposition of these topics and of all the others, and to +observe that they do not all apply to every discussion. For as every +man's name is made up of some letters, and not of every letter, so it +is not every store of arguments which applies to every argumentation, +but some portion which is necessary applies to each. All conjecture, +then, must be derived either from the cause of an action, or from the +person, or from the case itself. + +The cause of an action is divided into impulsion and ratiocination. +Impulsion is that which without thought encourages a man to act in +such and such a manner, by means of producing some affection of +the mind, as love, anger, melancholy, fondness for wine, or indeed +anything by which the mind appears to be so affected as to be unable +to examine anything with deliberation and care, and to do what it does +owing to some impulse of the mind, rather than in consequence of any +deliberate purpose. + +But ratiocination is a diligent and careful consideration of whether +we shall do anything or not do it. And it is said to have been in +operation, when the mind appears for some particular definite reason +to have avoided something which ought not to have been done, or to +have adopted something which ought to have been done, so that if +anything is said to have been done for the sake of friendship, or of +chastising an enemy, or under the influence of fear, or of a desire +for glory or for money, or in short, to comprise everything under +one brief general head, for the sake of retaining, or increasing, or +obtaining any advantage; or, on the other hand, for the purpose of +repelling, or diminishing, or avoiding any disadvantage;--for those +former things must fall under one or other of those heads, if either +any inconvenience is submitted to for the purpose of avoiding any +greater inconvenience, or of obtaining any more important advantage; +or if any advantage is passed by for the sake of obtaining some +other still greater advantage, or of avoiding some more important +disadvantage. + +This topic is as it were a sort of foundation of this statement of the +case; for nothing that is done is approved of by any one unless some +reason be shown why it has been done. Therefore the accuser, when he +says that anything has been done in compliance with some impulse, +ought to exaggerate that impulse, and any other agitation or affection +of the mind, with all the power of language and variety of sentiments +of which he is master, and to show how great the power of love is, how +great the agitation of mind which arises from anger, or from any one +of those causes which he says was that which impelled any one to do +anything. And here we must take care, by an enumeration of examples of +men who have done anything under the influence of similar impulse, and +by a collation of similar cases, and by an explanation of the way in +which the mind itself is affected, to hinder its appearing marvellous +if the mind of a man has been instigated by such influence to some +pernicious or criminal action. + +VI. But when the orator says that any one has done such and such +an action, not through impulse, but in consequence of deliberate +reasoning, he will then point out what advantage he has aimed at, +or what inconvenience he has avoided, and he will exaggerate the +influence of those motives as much as he can, so that as far as +possible the cause which led the person spoken of to do wrong, may +appear to have been an adequate one. If it was for the sake of glory +that he did so and so, then he will point out what glory he thought +would result from it; again, if he was influenced by desire of power, +or riches, or by friendship, or by enmity; and altogether whatever the +motive was, which he says was his inducement to the action, he will +exaggerate as much as possible. + +And he is bound to give great attention to this point, not only what +the effect would have been in reality, but still more what it would +have been in the opinion of the man whom he is accusing. For it makes +no difference that there really was or was not any advantage or +disadvantage, if the man who is accused believed that there would or +would not be such. For opinion deceives men in two ways, when either +the matter itself is of a different kind from that which it is +believed to be, or when the result is not such as they thought it +would be. The matter itself is of a different sort when they think +that which is good bad, or, on the other hand, when they think that +good which is bad. Or when they think that good or bad which is +neither good nor bad, or when they think that which is good or bad +neither bad nor good. + +Now that this is understood, if any one denies that there is any money +more precious or sweeter to a man than his brother's or his friend's +life, or even than his own duty, the accuser is not to deny that; for +then the blame and the chief part of the hatred will be transferred to +him who denies that which is said so truly and so piously. But what +he ought to say is, that the man did not think so; and that assertion +must be derived from those topics which relate to the person, +concerning whom we must speak hereafter. + +VII. But the result deceives a person, when a thing has a different +result from that which the persons who are accused are said to have +thought it would have. As when a man is said to have slain a different +person from him whom he intended to slay, either because he was +deceived by the likeness or by some suspicion, or by some false +indication; or that he slew a man who had not left him his heir in his +will, because he believed that he had left him his heir. For it is not +right to judge of a man's belief by the result, but rather to consider +with what expectation, and intention, and hope he proceeded to such +a crime; and to recollect that the matter of real importance is to +consider with what intention a man does a thing, and not what the +consequence of his action turns out to be. + +And in this topic this will be the great point for the accuser, if he +is able to show that no one else had any reason for doing so at all. +And the thing next in importance will be to show that no one else had +such great or sufficient reason for doing so. But if others appear +also to have had a motive for doing so, then we must show that they +had either no power, or no opportunity, or no inclination to do it. +They had no power if it can be said that they did not know it, or were +not in the place, or were unable to have accomplished it; they had no +opportunity, if it can be proved that any plan, any assistants, any +instruments, and all other things which relate to such an action, were +wanting to them. They had no inclination, if their disposition can be +said to be entirely alien to such conduct, and unimpeachable. Lastly, +whatever arguments we allow a man on his trial to use in his defence, +the very same the prosecutor will employ in delivering others from +blame. But that must be done with brevity, and many arguments must be +compressed into one, in order that he may not appear to be accusing +the man on his trial for the sake of defending some one else, but to +be defending some one else with a view to strengthen his accusation +against him. + +VIII. And these are for the most part the things which must be done +and considered by an accuser. But the advocate for the defence will +say, on the other hand, either that there was no motive at all, or, if +he admits that there was, he will make light of it, and show that it +was a very slight one, or that such conduct does not often proceed +from such a motive. And with reference to this topic it will be +necessary to point out what is the power and character of that motive, +by which the person on his trial is said to have been induced to +commit any action; and in doing this it is requisite to adduce +instances and examples of similar cases, and the actual nature of +such a motive is to be explained as gently as possible, so that the +circumstance which is the subject of the discussion may be explained +away, and instead of being considered as a cruel and disorderly act, +may be represented as something more mild and considerate, and still +the speech itself may be adapted to the mind of the hearer, and to a +sort of inner feeling, as it were, in his mind. + +But the orator will weaken the suspicions arising from the +ratiocination, if he shall say either that the advantage intimated had +no existence, or a very slight one, or that it was a greater one to +others, or that it was no greater advantage to himself than to others, +or that it was a greater disadvantage than advantage to himself. +So that the magnitude of the advantage which is said to have been +desired, was not to be compared with the disadvantage which was really +sustained, or with the danger which was incurred. And all those topics +will be handled in the same manner in speaking of the avoiding of +disadvantage. + +But if the prosecutor has said that the man on his trial was pursuing +what appeared to him to be an advantage, or was avoiding that which +appeared to him to be a disadvantage, even though he was mistaken in +that opinion, then the advocate for the defence must show that no one +can be so foolish as to be ignorant of the truth in such an affair. +And if that be granted, then the other position cannot be granted, +that the man ever doubted at all what the case was, but that he, +without the least hesitation, considered what was false as false, +and what was true as true. But if he doubted, then it was a proof of +absolute insanity for a man under the influence of a doubtful hope to +incur a certain danger. + +But as the accuser when he is seeking to remove the guilt from others +must use the topics proper to an advocate for the defence; so the man +on his trial must use those topics which have been allotted to an +accuser, when he wishes to transfer an accusation from his own +shoulders to those of others. + +IX. But conjectures will be derived from the person, if those things +which have been attributed to persons are diligently considered, all +of which we have mentioned in the first book; for sometimes some +suspicion arises from the name. But when we say the name, we mean also +the surname. For the question is about the particular and peculiar +name of a man, as if we were to say that a man is called Caldus +because he is a man of a hasty and sudden disposition; or that +ignorant Greeks have been deceived by men being called Clodius, or +Caecilius, or Marcus. + +And we may also derive some suspicious circumstances from nature; for +all these questions, whether it is a man or a woman, whether he is of +this state or that one, of what ancestors a man is descended, who are +his relations, what is his age, what is his disposition, what bodily +strength, or figure, or constitution he has, which are all portions +of a man's nature, have much influence in leading men to form +conjectures. + +Many suspicions also are engendered by men's way of life, when the +inquiry is how, and by whom, and among whom a man was brought up and +educated, and with whom he associates, and what system and habits of +domestic life he is devoted to. + +Moreover, argumentation often arises from fortune; when we consider +whether a man is a slave or a free man, rich or poor, noble or +ignoble, prosperous or unfortunate; whether he now is, or has been, +or is likely to be a private individual or a magistrate; or, in fact, +when any one of those circumstances is sought to be ascertained which +are attributable to fortune. But as habit consists in some perfect +and consistent formation of mind or body, of which kind are virtue, +knowledge, and their contraries; the fact itself, when the whole +circumstances are stated, will show whether this topic affords any +ground for suspicion. For the consideration of the state of a +man's mind is apt to give good grounds for conjecture, as of his +affectionate or passionate disposition, or of any annoyance to which +he has been exposed; because the power of all such feelings and +circumstances is well understood, and what results ensue after any one +of them is very easy to be known. + +But since study is an assiduous and earnest application of the mind +to any particular object with intense desire, that argument which the +case itself requires will easily be deduced from it. And again, +some suspicion will be able to be inferred from the intention; +for intention is a deliberate determination of doing or not doing +something. And after this it will be easy to see with respect to +facts, and events, and speeches, which are divided into three separate +times, whether they contribute anything to confirming the conjectures +already formed in the way of suspicion. + +X. And those things indeed are attributed to persons, which when they +are all collected together in one place, it will be the business of +the accuser to use them as inducing a disapprobation of the person; +for the fact itself has but little force unless the disposition of the +man who is accused can be brought under such suspicion as to appear +not to be inconsistent with such a fault. For although there is no +great advantage in expressing disapprobation of any one's disposition, +when there is no cause why he should have done wrong, still it is but +a trifling thing that there should be a motive for an offence, if the +man's disposition is proved to be inclined to no line of conduct which +is at all discreditable. Therefore the accuser ought to bring into +discredit the life of the man whom he is accusing, by reference to +his previous actions, and to show whether he has ever been previously +convicted of a similar offence. And if he cannot show that, he must +show whether he has ever incurred the suspicion of any similar guilt; +and especially, if possible, that he has committed some offence or +other of some kind under the influence of some similar motive to this +which is in existence here, in some similar case, or in an equally +important case, or in one more important, or in one less important. +As, if with respect to a man who he says has been induced by money to +act in such and such a manner, he were able to show that any other +action of his in any case had been prompted by avarice. + +And again it will be desirable in every cause to mention the nature, +or the manner of life, or the pursuits, or the fortune, or some one of +those circumstances which are attributed to persons, in connexion with +that cause which the speaker says was the motive which induced the man +on his trial to do wrong; and also, if one cannot impute anything to +him in respect of an exactly corresponding class of faults, to bring +the disposition of one's adversary into discredit by reference to some +very dissimilar class. As, if you were to accuse him of having done +so and so, because he was instigated by avarice; and yet, if you are +unable to show that the man whom you accuse is avaricious, you must +show that other vices are not wholly foreign to his nature, and that +on that account it is no great wonder if a man who in any affair has +behaved basely, or covetously, or petulantly, should have erred in +this business also. For in proportion as you can detract from +the honesty and authority of the man who is accused, in the same +proportion has the force of the whole defence been weakened. + +If it cannot be shown that the person on his trial has been ever +before implicated in any previous guilt, then that topic will come +into play which we are to use for the purpose of encouraging the +judges to think that the former character of the man has no bearing +on the present question; for that he has formerly concealed his +wickedness, but that he is now manifestly convicted; so that it is not +proper that this case should be looked at with reference to his former +life, but that his former life should now be reproved by this conduct +of his, and that formerly he had either no opportunity of doing wrong, +or no motive to do so. Or if this cannot be said, then we must have +recourse to this last assertion,--that it is no wonder if he now does +wrong for the first time, for that it is necessary that a man who +wishes to commit sin, must some time or other commit it for the first +time. If nothing whatever is known of his previous life, then it is +best to pass over this topic, and to state the reason why it is passed +over, and then to proceed at once to corroborate the accusation by +arguments. + +XI. But the advocate for the defence ought in the first place to show, +if he can, that the life of the person who is accused has always been +as honourable as possible. And he will do this best by recounting any +well known services which he has rendered to the state in general, +or any that he has done to his parents, or relations, or friends, or +kinsmen, or associates, or even any which are more remarkable or more +unusual, especially if they have been done with any extraordinary +labour, or danger, or both, or when there was no absolute necessity, +purely because it was his duty, or if he has done any great benefit to +the republic, or to his parents, or to any other of the people whom I +have just mentioned, and if, too, he can show that he has never been +so influenced by any covetousness as to abandon his duty, or to commit +any error of any description. And this statement will be the more +confirmed, if when it is said that he had an opportunity of doing +something which was not quite creditable with impunity, it can be +shown at the same time that he had no inclination to do it. + +But this very kind of argument will be all the stronger if the person +on his trial can be shown to have been unimpeachable previously in +that particular sort of conduct of which he is now accused, as, for +instance, if he be accused of having done so and so for the sake +of avarice, and can be proved to have been all his life utterly +indifferent to the acquisition of money. On this indignation may be +expressed with great weight, united with a complaint that it is a most +miserable thing, and it may be argued that it is a most scandalous +thing, to think that that was the man's motive, when his disposition +during the whole of his life has been as unlike it as possible. Such a +motive often harries audacious men into guilt, but it has no power to +impel an upright man to sin. It is unjust, moreover, and injurious to +every virtuous man, that a previously well-spent life should not be of +the greatest possible advantage to a man at such a time, but that a +decision should be come to with reference only to a sudden accusation +which can be got up in a hurry, and with no reference to a man's +previous course of life, which cannot be extemporised to suit an +occasion, and which cannot be altered by any means. + +But if there have been any acts of baseness in his previous life, or +if they be said to have undeservedly acquired such a reputation, or if +his actions are to be attributed by the envy, or love of detraction, +or mistaken opinion of some people, either to ignorance, or necessity, +or to the persuasion of young men, or to any other affection of mind +in which there is no vice, or if he has been tainted with errors of +a different kind, so that his disposition appears not entirely +faultless, but still far remote from such a fault, and if his +disgraceful or infamous course of life cannot possibly be mitigated by +any speech,--then it will be proper to say that the inquiry does not +concern his life and habits, but is about that crime for which he is +now prosecuted, so that, omitting all former actions, it is proper +that the matter which is in hand should be attended to. + +XII. But suspicions may be derived from the fact itself, if the +administration of the whole matter is examined into in all its parts; +and these suspicions will arise partly from the affair itself when +viewed separately, and partly from the persons and the affairs taken +together. They will be able to be derived from the affair, if we +diligently consider those circumstances which have been attributed +to such affairs. And from them all the different genera, and most +subordinate species, will appear to be collected together in this +statement of the case. + +It will therefore be desirable to consider in the first place what +circumstances there are which are united to the affair itself,--that +is to say, which cannot be separated from it, and with reference to +this topic it will be sufficient to consider what was done before the +affair in question took place from which a hope arose of accomplishing +it, and an opportunity was sought of doing it, what happened with +respect to the affair itself, and what ensued afterwards. In the next +place, the execution of the whole affair must be dealt with for this +class of circumstances which have been attributed to the affair has +been discussed in the second topic. + +So with reference to this class of circumstances we must have a +regard to time, place, occasion, and opportunity, the force of each +particular of which has been already carefully explained when we were +laying down precepts for the confirmation of an argument. Wherefore, +that we may not appear to have given no rules respecting these things, +and that we may not, on the other hand, appear to have repeated the +same things twice over, we will briefly point out what it is proper +should be considered in each part. In reference to place, then, +opportunity is to be considered; and in reference to time, remoteness; +and in reference to occasion, the convenience suitable for doing +anything; and with reference to facility, the store and abundance +of those things by means of which anything is done more easily, or +without which it cannot be done at all. + +In the next place we must consider what is added to the affair, that +is to say, what is greater, what is less, what is equally great, what +is similar. And from these topics some conjecture is derived, if +proper consideration is given to the question how affairs of greater +importance, or of less, or of equal magnitude, or of similar +character, are usually transacted. And in this class of subjects the +result also ought to be examined into; that is to say, what usually +ensues as the consequence of every action must be carefully +considered; as, for instance, fear, joy, trepidation. + +But the fourth part was a necessary consequence from those +circumstances which we said were attendant on affairs. In it those +things are examined which follow the accomplishment of an affair, +either immediately or after an interval. And in this examination we +shall see whether there is any custom, any action, any system, or +practice, or habit, any general approval or disapproval on the part of +mankind in general, from which circumstance some suspicion at times +arises. + +XIII. But there are some suspicions which are derived from the +circumstances which are attributed to persons and things taken +together. For many circumstances arising from fortune, and from +nature, and from the way of a man's life, and from his pursuits +and actions, and from chance, or from speeches, or from a person's +designs, or from his usual habit of mind or body, have reference to +the same things which render a statement credible or incredible, and +which are combined with a suspicion of the fact. + +For it is above all things desirable that inquiry should be made in +this way, of stating the case first of all, whether anything could be +done; in the next place, whether it could have been done by any one +else; then we consider the opportunity, on which we have spoken +before; then whether what has been done is a crime which one is +bound to repent of; we must inquire too whether he had any hope of +concealing it; then whether there was any necessity for his doing so; +and as to this we must inquire both whether it was necessary that the +thing should be done at all, or that it should be done in that manner. +And some portion of these considerations refer to the design, which +has been already spoken of as what is attributed to persons; as in the +instance of that cause which we have mentioned. These circumstances +will be spoken of as before the affair,--the facts, I mean, of his +having joined himself to him so intimately on the march, of his having +sought occasion to speak with him, of his having lodged with him, +and supped with him. These circumstances were a part of the +affair,--night, and sleep. These came after the affair,--the fact +of his having departed by himself; of his having left his intimate +companion with such indifference; of his having a bloody sword. + +Part of these things refer to the design. For the question is asked, +whether the plan of executing this deed appears to have been one +carefully devised and considered, or whether it was adopted so hastily +that it is not likely that any one should have gone on to crime so +rashly. And in this inquiry we ask also whether the deed could have +been done with equal ease in any other manner; or whether it could +have happened by chance. For very often if there has been a want of +money, or means, or assistants, there would not appear to have been +any opportunity of doing such a deed. If we take careful notice +in this way, we shall see that all these circumstances which are +attributed to things, and those too which are attributed to persons, +fit one another. In this case it is neither easy nor necessary, as it +is in the former divisions, to draw distinctions as to how the accuser +and how the advocate for the defence ought to handle each topic. It +is not necessary, because, when the case is once stated, the +circumstances themselves will teach those men, who do not expect to +find everything imaginable in this treatise, what is suitable for each +case; and they will apply a reasonable degree of understanding to the +rules which are here laid down, in the way of comparing them with the +systems of others. And it is not easy, because it would be an endless +business to enter into a separate explanation with respect to every +portion of every case; and besides, these circumstances are adapted to +each part of the case in different manners on different occasions. + +XIV. Wherefore it will be desirable to consider what we have now set +forth. And our mind will approach invention with more ease, if it +often and carefully goes over both its own relation and that of +the opposite party, of what has been done; and if, eliciting what +suspicions each part gives rise to, it considers why, and with what +intention, and with what hopes and plans, each thing was done. Why it +was done in this manner rather than in that; why by this man rather +than by that; why it was done without any assistant, or why with this +one; why no one was privy to it, or why somebody was, or why this +particular person was; why this was done before; why this was not done +before; why it was done in this particular instance; why it was done +afterwards; what was done designedly, or what came as a consequence of +the original action; whether the speech is consistent with the facts +or with itself; whether this is a token of this thing, or of that +thing, or of both this and that, and which it is a token of most; what +has been done which ought not to have been done, or what has not been +done which ought to have been done. + +When the mind considers every portion of the whole business with this +intention, then the topics which have been reserved, will come into +use, which we have already spoken of; and certain arguments will +be derived from them both separately and unitedly. Part of which +arguments will depend on what is probable, part on what is necessary; +there will be added also to conjecture questions, testimony, reports. +All of which things each party ought to endeavour by a similar use of +these rules to turn to the advantage of his own cause. For it will be +desirable to suggest suspicions from questions, from evidence, and +from some report or other, in the same manner as they have been +derived from the cause, or the person, or the action. + +Wherefore those men appear to us to be mistaken who think that this +kind of suspicion does not need any regular system, and so do those +who think that it is better to give rules in a different manner about +the whole method of conjectural argument. For all conjecture must be +derived from the same topics; for both the cause of every rumour and +the truth of it will be found to arise from the things attributed to +him who in his inquiry has made any particular statement, and to him +who has done so in his evidence. But in every cause a part of the +arguments is joined to that cause alone which is expressed, and it is +derived from it in such a manner that it cannot be very conveniently +transferred from it to all other causes of the same kind; but part +of it is more rambling, and adapted either to all causes of the same +kind, or at all events to most of them. + +XV. These arguments then which can be transferred to many causes, +we call common topics. For a common topic either contains some +amplification of a well understood thing,--as if any one were desirous +to show that a man who has murdered his father is worthy of the very +extremity of punishment; and this topic is not to be used except when +the cause has been proved and is being summed up;--or of a doubtful +matter which has some probable arguments which can be produced on the +other side of the question also; as a man may say that it is right to +put confidence in suspicions, and, on the contrary, that it is not +right to put confidence in suspicions. And a portion of the common +topics is employed in indignation or in complaint, concerning which we +have spoken already. A part is used in urging any probable reason on +either side. + +But an oration is chiefly distinguished and made plain by a sparing +introduction of common topics, and by giving the hearers actual +information by some topics, and by confirming previously used +arguments in the same way. For it is allowable to say something common +when any topic peculiar to the cause is introduced with care; and when +the mind of the hearer is refreshed so as to be inclined to attend to +what follows, or is reawakened by everything which has been already +said. For all the embellishments of elocution, in which there is a +great deal both of sweetness and gravity, and all things, too, which +have any dignity in the invention of words or sentences, are bestowed +upon common topics. + +Wherefore there are not as many common topics for orators as there are +for lawyers. For they cannot be handled with elegance and weight, as +their nature requires, except by those who have acquired a great flow +of words and ideas by constant practice. And this is enough for us to +say in a general way concerning the entire class of common topics. + +XVI. Now we will proceed to explain what common topics are usually +available in a conjectural statement of a case. As for instance--that +it is proper to place confidence in suspicions, or that it is not +proper, that it is proper to believe witnesses, or that it is not +proper, that it is proper to believe examinations, or that it is not +proper, that it is proper to pay attention to the previous course of a +man's life, or that it is not proper, that it is quite natural that a +man who has done so and so should have committed this crime also, or +that it is not natural, that it is especially necessary to consider +the motive, or that it is not necessary. And all these common topics, +and any others which arise out of any argument peculiar to the cause +in hand, may be turned either way. + +But there is one certain topic for an accuser by which he exaggerates +the atrocity of an action, and there is another by which he says that +it is not necessary to pity the miserable. That, too, is a topic for +an advocate for the defence by which the false accusations of the +accusers are shown up with indignation, and that by which pity is +endeavoured to be excited by complaints. These and all other common +topics are derived from the same rules from which the other systems +of arguments proceed, but those are handled in a more delicate, and +acute, and subtle manner, and these with more gravity, and more +embellishment, and with carefully selected words and ideas. For in +them the object is, that that which is stated may appear to be true. +In these, although it is desirable to preserve the appearance of +truth, still the main object is to give importance to the statement. +Now let us pass on to another statement of the case. + +XVII. When there is a dispute as to the name of a thing because the +meaning of a name is to be defined by words, it is called a definitive +statement. By way of giving an example of this, the following case may +be adduced. Caius Flaminius, who as consul met with great disasters in +the second Punic war, when he was tribune of the people, proposed, in +a very seditious manner, an agrarian law to the people, against the +consent of the senate, and altogether against the will of all the +nobles. While he was holding an assembly of the people, his own father +dragged him from the temple. He is impeached of treason. The charge +is--"You attacked the majesty of the people in dragging down a tribune +of the people from the temple." The denial is--"I did not attack the +majesty of the people." The question is--"Whether he attacked the +majesty of the people or not?" The argument is--"I only used the power +which I legitimately had over my own son." The denial of this argument +is--"But a man who, by the power belonging to him as a father, that is +to say, as a private individual, attacks the power of a tribune of the +people, that is to say, the power of the people itself, attacks the +majesty of the people." The question for the judges is--"Whether a man +attacks the majesty of the people who uses his power as a father in +opposition to the power of a tribune?" And all the arguments must be +brought to bear on this question. + +And, that no one may suppose by any chance that we are not aware that +some other statement of the case may perhaps be applicable to this +cause, we are taking that portion only for which we are going to give +rules. But when all parts have been explained in this book, any one, +if he will only attend diligently, will see every sort of statement +in every sort of cause, and all their parts, and all the discussions +which are incidental to them. For we shall mention them all. + +The first topic then for an accuser is a short and plain definition, +and one in accordance with the general opinion of men, of that name, +the meaning of which is the subject of inquiry. In this manner--"To +attack the majesty of the people is to detract from the dignity, or +the rank, or the power of the people, or of those men to whom the +people has given power." This definition being thus briefly set forth +in words, must be confirmed by many assertions and reasons and must +be shown to be such as you have described it. Afterwards it will be +desirable to add to the definition which you have given, the action +of the man who is accused, and to add it too with reference to the +character which you have proved it to have. Take for instance--"to +attack the majesty of the people." You must show that the adversary +does attack the majesty of the people, and you must confirm this whole +topic by a common topic, by which the atrocity or indignity of the +fact, and the whole guilt of it, and also our indignation at it, may +be increased. + +After that it will be desirable to invalidate the definition of the +adversaries, but that will be invalidated if it be proved to be false. +This proof must be deduced from the belief of men concerning it, +when we consider in what manner and under what circumstances men +are accustomed to use that expression in their ordinary writing or +talking. It will also be invalidated if the proof of that description +be shown to be discreditable or useless, and if it be shown what +disadvantages will ensue if that position be once admitted. And +it will be derived from the divisions of honour and usefulness, +concerning which we will give rules when we lay down a system +of deliberations. And if we compare the definition given by our +adversaries with our own definition, and prove our own to be true, and +honourable, and useful, and theirs to be entirely different. But we +shall seek out things like them in an affair of either greater, or +less, or equal importance, from which our description will be proved. + +XVIII Now, if there be more matters to be defined,--as for instance, +if we inquire whether he is a thief or a sacrilegious person who has +stolen sacred vessels from a private house,--we shall have to employ +many definitions, and then the whole cause will have to be dealt with +on a similar principle. But it is a common topic to dwell on the +wickedness of that man who endeavours to wrest to his own purposes not +only the effect of things, but also the meaning of words, in order +both to do as he pleases, and to call what he does by whatever name he +likes. + +Then the first topic to be used by an advocate for the defence, is +also a brief and plain definition of a name, adopted in accordance +with the opinion of men. In this way--To diminish the majesty of the +people is to usurp some of the public powers when you are not invested +with any office. And then the confirmation of this definition is +derived from similar instances and similar principles. Afterwards +comes the separation of one's own action from that definition. Then +comes the common topic by which the expediency or honesty of the +action is increased. + +Then comes the reprehension of the definition of the opposite party, +which is also derived from all the same topics as those which we have +prescribed to the accuser. And afterwards other arguments will be +adduced besides the common topic. But that will be a common topic +for the advocate of the defence to use, by which he will express +indignation that the accuser not only alters facts in order to bring +him into danger, but that he attempts also to alter words. For +those common topics which are assumed either for the purpose of +demonstrating the falsehood of the accusations of the prosecutor, or +for exciting pity, or for expressing indignation at an action, or for +the purpose of deterring people from showing pity, are derived from +the magnitude of the danger, not from the nature of the cause. +Wherefore they are incidental not to every cause, but to every +description of cause. We have made mention of them in speaking of the +conjectural statement of a case, but we shall use induction when the +cause requires. + +XIX But when the pleading appears to require some translation, or to +need any alteration, either because he is not pleading who ought to +do so, or he is not pleading with the man he ought, or before the men +whom he ought to have for hearers, or in accordance with the proper +law, or under liability to the proper punishment, or in reference to +the proper accusation, or at the proper time, it is then called a +transferable statement of the case. We should require many examples of +this if we were to inquire into every sort of translation, but because +the principle on which the rules proceed is similar, we have no need +of a superfluity of instances. And in our usual practice it happens +from many causes that such translations occur but seldom. For many +actions are prevented by the exceptions allowed by the praetors, and +we have the civil law established in such a way that that man is sure +to lose his cause who does not conduct it as he ought. So that +those actions greatly depend on the state of the law. For there the +exceptions are demanded, and an opportunity is allowed of conducting +the cause in some manner, and every formula of private actions is +arranged. But in actual trials they occur less frequently, and yet, if +they ever do occur at all, they are such that by themselves they have +less strength, but they are confirmed by the assumption of some other +statement in addition to them. As in a certain trial which took place +"When a certain person had been prosecuted for poisoning, and, because +he was also accused of parricide, the trial was ordered to proceed +out of its regular order, when in the accusation some charges were +corroborated by witnesses and arguments, but the parricide was barely +mentioned, it was proper for the advocate for the defence to dwell +much and long on this circumstance, as, nothing whatever was proved +respecting the death of the accused person's parent, and therefore +that it was a scandalous thing to inflict that punishment on him which +is inflicted on parricides, but that that must inevitably be the case +if he were convicted, since that it is added as one of the counts of +the indictment, and since it is on that account that the trial has +been ordered to be taken out of its regular order. Therefore if it is +not right that that punishment should be inflicted on the criminal, it +is also not right that he should be convicted, since that punishment +must inevitably follow a conviction." Here the advocate for the +defence, by bringing the commutation of the punishment into his +speech, according to the transferable class of topics, will invalidate +the whole accusation. But he will also confirm the alteration by a +conjectural statement of the case when employed in defending his +client on the other charges. + +XX But we may give an example of translation in a cause, in this +way--When certain armed men had come for the purpose of committing +violence, and armed men were also prepared on the other side, and when +one of the armed men with his sword cut off the hand of a certain +Roman knight who resisted his violence, the man whose hand had been +cut off brings an action for the injury. The man against whom the +action is brought pleads a demurrer before the praetor, without there +being any prejudice to a man on trial for his life. The man who brings +the action demands a trial on the simple fact, the man against whom +the action is brought says that a demurrer ought to be added. The +question is--"Shall the demurrer be allowed or not?" The reason +is--"No, for it is not desirable in an action for damages that there +should be any prejudged decision of a crime, such as is the subject of +inquiry when assassins are on their trial." The arguments intended to +invalidate this reason are--"The injuries are such that it is a shame +that a decision should not be come to as early as possible." The +thing to be decided is--"Whether the atrocity of the injuries is a +sufficient reason why, while that point is before the tribunal, a +previous decision should be given concerning some greater crime, +concerning which a tribunal is prepared." And this is the example. But +in every cause the question ought to be put to both parties, by whom, +and by whose agency, and how, and when it is desirable that the action +should be brought, or the decision given; or what ought to be decided +concerning that matter. + +That ought to be assumed from the divisions of the law, concerning +which we must speak hereafter; and we then ought to argue as to what +is usually done in similar cases, and to consider whether, in this +instance, out of wickedness, one course is really adopted and another +pretended; or whether the tribunal has been appointed and the action +allowed to proceed through folly or necessity, because it could not be +done in any other manner, or owing to an opportunity which offered for +acting in such a manner; or whether it has been done rightly without +any interruption of any sort. But it is a common topic to urge against +the man who seeks to avail himself of a demurrer to an action, that +he is fleeing from a decision and from punishment, because he has +no confidence in the justice of his cause. And that, owing to the +demurrer, everything will be in confusion, if matters are not +conducted and brought into court as they ought to be; that is to +say, if it is either pleaded against a man it ought not, or with an +improper penalty, or with an improper charge, or at an improper time; +and this principle applies to any confusion of every sort of tribunal. +Those three statements of cases then, which are not susceptible of any +decisions, must be treated in this manner. At present let us consider +the question and its divisions on general principles. + +XXI. When the fact and the name of the action in question is agreed +upon, and when there is no dispute as to the character of the action +to be commenced; then the effect, and the nature, and the character of +the business is inquired into. We have already said, that there appear +to be two divisions of this; one which relates to facts and one which +relates to law. It is like this: "A certain person made a minor his +heir, but the minor died before he had come into the property which +was under the care of guardians. A dispute has arisen concerning +the inheritance which came to the minor, between those who are the +reversionary heirs of the father of the minor,--the possession belongs +to the reversionary heirs." The first statement is that of the next of +kin--"That money, concerning which he, whose next of kin we are, said +nothing in his will, belongs to us." The reply is--"No, it belongs +to us who are the reversionary heirs according to the will of his +father." The thing to be inquired into is--To whom does it rightfully +belong? The argument is--"For the father made a will for himself and +for his son as long as the latter was a minor, wherefore it is +quite clear that the things which belonged to the son are now ours, +according to the will of the father." The argument to upset this +is--"Aye, the father made his own will, and appointed you as +reversionary heir, not to his son, but himself. Wherefore, nothing +except what belonged to him himself can be yours by his will." The +point to be determined is, whether any one can make a will to affect +the property of his son who is a minor, or, whether the reversionary +heirs of the father of the family himself, are not the heirs of his +son also as long as he is a minor. And it is not foreign to the +subject, (in order that I may not, on the one hand, omit to mention +it, or, on the other, keep continually repeating it,) to mention a +thing here which has a bearing on many questions. There are causes +which have many reasons, though the grounds of the cause are simple, +and that is the case when what has been done, or what is being +defended, may appear right or natural on many different accounts, as +in this very cause. For this further reason may be suggested by the +heirs--"For there cannot be more heirs than one of one property, for +causes quite dissimilar, nor has it ever happened, that one man was +heir by will, and another by law, of the same property." This, again, +is what will be replied, in order to invalidate this--"It is not one +property only; because one part of it was the adventitious property of +the minor, whose heir no one had been appointed by will at that time, +in the case of anything happening to the minor, and with respect to +the other portion of the property, the inclination of the father, even +after he was dead, had the greatest weight, and that, now that the +minor is dead, gives the property to his own heirs." + +The question to be decided is, "Whether it was one property?" And +then, if they employ this argument by way of invalidating the other, +"That there can be many heirs of one property for quite dissimilar +causes," the question to be decided arises out of that argument, +namely "Whether there can be more heirs than one, of different classes +and character, to one property?" + +XXII Therefore, in one statement of the case, it has been understood +how there are more reasons than one, more topics than one to +invalidate such reasons, and besides that, more questions than one for +the decision of the judge. Now let us look to the rules for this class +of question. We must consider in what the rights of each party, or of +all the parties (if there are many parties to the suit), consist. The +beginning, then, appears derived from nature; but some things seem to +have become adopted in practice for some consideration of expediency +which is either more or less evident to us. But afterwards things +which were approved of, or which seemed useful, either through habit, +or because of their truth, appeared to have been confirmed by laws, +and some things seem to be a law of nature, which it is not any +vague opinion, but a sort of innate instinct that implants in us, +as religion, piety, revenge for injuries, gratitude, attention to +superiors, and truth. They call religion, that which is conversant +with the fear of, and ceremonious observance paid to the gods; they +call that piety, which warns us to fulfil our duties towards our +country, our parents, or others connected with us by ties of blood, +gratitude is that which retains a recollection of honours and benefits +conferred on one, and acts of friendship done to one, and which shows +itself by a requital of good offices, revenge for injuries is that by +which we repel violence and insult from ourselves and from those who +ought to be dear to us, by defending or avenging ourselves, and by +means of which we punish offences, attention to superiors, they call +the feeling under the influence of which we feel reverence for and pay +respect to those who excel us in wisdom or honour or in any dignity, +truth, they style that habit by which we take care that nothing has +been or shall be done in any other manner than what we state. And the +laws of nature themselves are less inquired into in a controversy of +this sort, because they have no particular connexion with the civil +law of which we are speaking and also, because they are somewhat +remote from ordinary understandings. Still it is often desirable to +introduce them for the purpose of some comparison, or with a view to +add dignity to the discussion. + +But the laws of habit are considered to be those which without any +written law, antiquity has sanctioned by the common consent of all +men. And with reference to this habit there are some laws which are +now quite fixed by their antiquity. Of which sort there are many other +laws also, and among them far the greatest part of those laws which +the praetors are in the habit of including in their edicts. But some +kinds of law have already been established by certain custom, such as +those relating to covenants, equity, formal decisions. A covenant +is that which is agreed upon between two parties, because it is +considered to be so just that it is said to be enforced by justice, +equity is that which is equal to all men, a formal decision is that by +which something has been established by the declared opinion of some +person or persons authorized to pronounce one. As for regular laws, +they can only be ascertained from the laws. It is desirable, then, by +trying over every part of the law, to take notice of and to extract +from these portions of the law whatever shall appear to arise out of +the case itself, or out of a similar one, or out of one of greater or +less importance. But since, as has been already said, there are two +kinds of common topics, one of which contains the amplification of a +doubtful matter, and the other of a certain one, we must consider what +the case itself suggests, and what can be and ought to be amplified by +a common topic. For certain topics to suit every possible case cannot +be laid down, and perhaps in most of them it will be necessary at +times to rely on the authority of the lawyers, and at times to speak +against it. But we must consider, in this case and in all cases, +whether the case itself suggests any common topics besides those which +we have mentioned. + +Now let us consider the juridical kind of inquiry and its different +divisions. XXIII The juridical inquiry is that in which the nature of +justice and injustice, and the principle of reward or punishment, is +examined. Its divisions are two, one of which we call the absolute +inquiry, and the other the one which is accessory. That is the +absolute inquiry which itself contains in itself the question of right +and not right, not as the inquiry about facts does, in an overhand and +obscure manner, but openly and intelligibly. It is of this sort.--When +the Thebans had defeated the Lacedaemonians in war, as it was nearly +universal custom among the Greeks, when they were waging war against +one another, for those who were victorious to erect some trophy +on their borders, for the sake only of declaring their victory at +present, not that it might remain for ever as a memorial of the war, +they erected a brazen trophy. They are accused before the Amphictyons, +that is, before the common council of Greece. The charge is, "They +ought not to have done so." The denial is, "We ought." The question +is, "Whether they ought." The reason is, "For we gained such glory +by our valour in that war, that we wished to leave an everlasting +memorial of it to posterity." The argument adduced to invalidate this +is, "But still it is not right for Greeks to erect an eternal memorial +of then enmity to Greeks." The question to be decided is, "As for the +sake of celebrating their own excessive valour Greeks have erected an +imperishable monument of their enmity to Greeks, whether they have +done well or ill?" We, therefore, have now put this reason in the +mouth of the Thebans, in order that this class of cause which we +are now considering might be thoroughly understood. For if we had +furnished them with that argument which is perhaps the one which +they actually used, "We did so because our enemies warred against us +without any considerations of justice and piety," we should then be +digressing to the subject of retorting an accusation, of which we will +speak hereafter. But it is manifest that both kinds of question are +incidental to this controversy. And arguments must be derived for +it from the same topics as those which are applicable to the cause +depending on matters of fact, which has been all ready treated of. +But to take many weighty common topics both from the cause itself, if +there is any opportunity for employing the language of indignation or +complaint, and also from the advantage and general character of the +law, will be not only allowable, but proper, if the dignity of the +cause appears to require such expedients. + +XXIV. At present let us consider the assumptive portion of the +juridical inquiry. But it is then called assumptive, when the fact +cannot be proved by its own intrinsic evidence, but is defended by +some argument brought from extraneous circumstances. Its divisions +are four in number: comparison, the retort of the accusation, the +refutation of it as far as regards oneself, and concession. + +Comparison is when any action which intrinsically cannot be approved, +is defended by reference to that for the sake of which it was done. It +is something of this sort:--"A certain general, when he was blockaded +by the enemy and could not escape by any possible means, made a +covenant with them to leave behind his arms and his baggage, on +condition of being allowed to lead away his soldiers in safety. And he +did so. Having lost his arms and his baggage, he saved his men, beyond +the hopes of any one. He is prosecuted for treason." Then comes the +definition of treason. But let us consider the topic which we are at +present discussing. + +The charge is, "He had no business to leave behind the arms and +baggage." The denial is, "Yes, he had." The question is, "Whether he +had any right to do so?" The reason for doing so is, "For else he +would have lost all his soldiers." The argument brought to invalidate +this is either the conjectural one, "They would not have been lost," +or the other conjectural one, "That was not your reason for doing so." +And from this arise the questions for decision: "Whether they would +have been lost?" and, "Whether that was the reason why he did so?" Or +else, this comparative reason which we want at this minute: "But it +was better to lose his soldiers than to surrender the arms and baggage +to the enemy." And from this arises the question for the decision of +the judges: "As all the soldiers must have been lost unless they had +come into this covenant, whether it was better to lose the soldiers, +or to agree to these conditions?" + +It will be proper to deal with this kind of cause by reference to +these topics, and to employ the principles of, and rules for the other +statements of cases also. And especially to employ conjectures for the +purpose of invalidating that which those who are accused will compare +with the act which is alleged against them as a crime. And that will +be done if either that result which the advocates for the defence say +would have happened unless that action had been performed which is now +brought before the court, be denied to have been likely to ensue; or +if it can be proved that it was done with a different object and in a +different manner from that stated by the man who is on his trial. The +confirmation of that statement, and also the argument used by the +opposite party to invalidate it, must both be derived from the +conjectural statement of the case. But if the accused person is +brought before the court, because of his action coming under the name +of some particular crime, (as is the case in this instance, for the +man is prosecuted for treason), it will be desirable to employ a +definition and the rules for a definition. + +XXV. And this usually takes place in this kind of examination, so that +it is desirable to employ both conjecture and definition. But if +any other kind of inquiry arises, it will be allowable on similar +principles to transfer to it the rules for that kind of inquiry. For +the accuser must of all things take pains to invalidate, by as many +reasons as possible, the very fact on account of which the person on +his trial thinks that it is granted to him that he was right. And it +is easy to do so, if he attempts to overturn that argument by as many +statements of the case as he can employ. + +But comparison itself, when separated from the other kinds of +discussion, will be considered according to its own intrinsic power, +if that which is mentioned in the comparison is shown, either not to +have been honourable, or not to have been useful, or not to have been +necessary, or not so greatly useful, or not so very honourable, or not +so exceedingly necessary. + +In the next place it is desirable for the accuser to separate the +action which he himself is accusing, from that which the advocate for +the defence compares with it. And he will do that if he shows that it +is not usually done in such a manner, and that it ought not to be done +so, and that there is no reason why this thing should be done on this +account; for instance, that those things which have been provided for +the sake of safety, should be surrendered to the enemy for the sake of +safety. Afterwards it will be desirable to compare the injury with the +benefit, and altogether to compare the action which is impeached with +that which is praised by the advocate for the defence or which is +attempted to be proved as what must inevitably have ensued, and then, +by disparaging the one at the same time to exaggerate the importance +of the mischief caused by the other. That will be effected if it +be shown that that which the person on his trial avoided was more +honourable, more advantageous, and more necessary than that which +he did. But the influence and character of what is honourable, and +useful, and necessary, will be ascertained in the rules given for +deliberation. + +In the next place, it will be desirable to explain that comparative +kind of judicial decision as if it were a deliberative cause and +then afterwards to discuss it by the light thrown on it by rules for +deliberation. For let this be the question for judicial decision which +we have already mentioned--"As all the soldiers would have been lost +if they had not come to this agreement, was it better for the soldiers +to be lost, or to come to this agreement?" It will be desirable that +this should be dealt with with reference to the topics concerning +deliberation, as if the matter were to come to some consultation. + +XXVI. But the advocate for the defence will take the topics in +accordance with which other statements of the case are made by the +accuser, and will prepare his own defence from those topics with +reference to the same statements. But all other topics which belong to +the comparison, he will deal with in the contrary manner. + +The common topics will be these,--the accuser will press his charges +against the man who confesses some discreditable or pernicious action, +or both, but still seeks to make some defence, and will allege +the mischievous or discreditable nature of his conduct with great +indignation. The advocate for the defence will insist upon it, that no +action ought to be considered pernicious or discreditable, or, on the +other hand, advantageous or creditable, unless it is ascertained with +what intention, at what time, and on what account it was done. And +this topic is so common, that if it is well handled in this cause it +is likely to be of great weight in convincing the hearers. And there +is another topic, by means of which the magnitude of the service done +is demonstrated with very great amplification, by reference to the +usefulness, or honourableness, or necessity of the action. And there +is a third topic, by means of which the matter which is expressed in +words is placed before the eyes of those men who are the hearers, so +that they think that they themselves also would have done the same +things, if the same circumstances and the same cause for doing so had +happened to them at the same time. + +The retorting of a charge takes place, when the accused person, +having confessed that of which he is accused, says that he did it +justifiably, being induced by the sin committed against him by the +other party. As in this case--"Horatius, when he had slain the three +Curiatii and lost his two brothers, returned home victorious. He saw +his sister not troubled about the death of her brothers, but at the +same time calling on the name of Curiatius, who had been betrothed to +her, with groans and lamentation. Being indignant, he slew the maid". +He is prosecuted. + +The charge is, "You slew your sister wrongfully". The refutation is "I +slew her lawfully". The question is, "Whether he slew her lawfully". +The reason is, "Yes, for she was lamenting the death of enemies, and +was indifferent to that of her brothers, she was grieved that I and +the Roman people were victorious". The argument to invalidate this +reason is, "Still she ought not to have been put to death by her +brother without being convicted". On this the question for the +decision of the judges is, "Whether when Horatia was showing her +indifference to the death of her brothers, and lamenting that of the +enemy, and not rejoicing at the victory of her brother and of the +Roman people, she deserved to be put to death by her brother without +being condemned". + +XXVII For this kind of cause, in the first place, whatever is given +out of the other statements of cases ought to be taken, as has been +already enjoined when speaking of comparison. After that, if there is +any opportunity of doing so, some statement of the case ought to be +employed by which he to whom the crime is imputed may be defended. In +the next place, we ought to argue that the fault which the accused +person is imputing to another, is a lighter one than that which he +himself committed; in the next place, we ought to employ some portion +of a demurrer, and to show by whom, and through whose agency, and +how, and when that matter ought to have been tried, or adjudged, or +decided. And at the same time, we ought to show that it was not proper +that punishment should have been inflicted before any judgment was +pronounced. Then we must also point out the laws and the course of +judicial proceeding by which that offence which the accused person +punished of his own accord, might have been chastised according to +precedent, and by the regular course of justice. In the next place, it +will be right to deny that it is proper to listen to the charge which +is brought by the accused person against his victim, when he who +brings it did not choose to submit it to the decision of the judges, +and it may be urged that one ought to consider that on which no +decision has been pronounced, as if it had not been done, and after +that to point out the impudence of those men who are now before +the judges accusing the man whom they themselves condemned without +consulting the judges, and are now bringing him to trial on whom they +have already inflicted punishment. After this we may say that it is +bringing irregularity into the courts of justice, and that the judges +will be advancing further than their power authorizes them, if they +pronounce judgment at the same time in the case of the accused person, +and of him whom the accused person impeaches. And in the next place, +we may point out if this rule is established, and if men avenge one +offence by another offence, and one injury by another injury, what +vast inconvenience will ensue from such conduct, and that if the +person who is now the prosecutor had chosen to do so too, there would +have been no need of this trial at all, and that if every one else +were to do so, there would be an end of all courts of justice. + +After that it may be pointed out, that even if the maiden who is now +accused by him of this crime had been convicted, he would not himself +have had any right to inflict punishment on her, so that it is a +shameful thing that the man who would have had no right to punish her, +even if she had been convicted, should have punished her without her +being even brought to trial at all. And then the accused person may +be called upon to produce the law which he says justifies his having +acted in such a manner. + +After that, as we have enjoined when speaking of comparison, that that +which is mentioned in comparison should be disparaged by the accuser +as much as possible, so, too, in this kind of argument, it will be +advantageous to compare the fault of the party on whom the accusation +is retorted with the crime of the accused person who justified his +action as having been lawfully done. And after that it is necessary to +point out that that is not an action of such a sort, that on account +of it this other crime ought to have been committed. The last point, +as in the case of comparison, is the assumption of a judicial +decision, and the dilating upon it in the way of amplification, in +accordance with the rules given respecting deliberation. + +XXVIII But the advocate for the defence will invalidate what is urged +by means of other statements from those topics which have already been +given. But the demurrer itself he will prove first of all, by dwelling +on the guilt and audacity of the man to whom he imputes the crime, and +by bringing it before the eyes of the judges with as much indignation +as possible if the case admits of it, and also with vehement +complaint, and afterwards by proving that the accused person chastised +the offence more lightly than the offender deserved, by comparing the +punishment inflicted with the injury done. In the next place, it will +be desirable to invalidate by opposite arguments those topics which +are handled by the prosecutor in such a way that they are capable of +being refuted and retorted, of which kind are the three last topics +which I have mentioned. But that most vehement attack of the +prosecutors, by which they attempt to prove that irregularity will be +introduced into all the courts of justice if power is given to any man +of inflicting punishment on a person who has not been convicted, will +have its force much weakened, first of all, if the injury be shown to +be such as appears intolerable not only to a good man but absolutely +to any freeman, and in the next place to be so manifest that it could +not have been denied even by the person who had done it, and moreover, +of such a kind that the person who did chastise it was the person +who above all others was bound to chastise it. So that it was not so +proper nor so honourable for that matter to be brought before a court +of justice as for it to be chastised in that manner in which, and by +that person by whom it was chastised, and lastly, that the case was +so notorious that there was no occasion whatever for a judicial +investigation into it. And here it will be proper to show, by +arguments and by other similar means, that there are very many things +so atrocious and so notorious, that it is not only not necessary, but +that it is not even desirable to wait for the slow proceedings of a +judicial trial. + +There is a common topic for an accuser to employ against a person, +who, when he cannot deny the fact of which he is accused, still +derives some hope from his attempt to show that irregularity will be +introduced into all courts of justice by such proceedings. And here +there will come in the demonstration of the usefulness of judicial +proceedings, and the complaint of the misfortune of that person who +has been punished without being condemned; and the indignation to +be expressed against the audacity and cruelty of the man who has +inflicted the punishment. There is also a topic for the advocate for +the defence to employ, in complaining of the audacity of the person +whom he chastised; and in urging that the case ought to be judged +of, not by the name of the action itself, but with reference to the +intention of the person who committed it, and the cause for which, and +the time at which it was committed. And in pointing out what great +mischief will ensue either from the injurious conduct, or the +wickedness of some one, unless such excessive and undisguised audacity +were chastised by him whose reputation, or parents, or children, or +something else which either necessarily is, or at least ought to be +dear to every one, is affected, by such conduct. + +XXIX. The transference of an accusation takes place when the +accusation of that crime which is imputed to one by the opposite party +is transferred to some other person or circumstance. And that is done +in two ways. For sometimes the motive itself is transferred, +and sometimes the act. We may employ this as an instance of the +transference of the motive:--"The Rhodians sent some men as +ambassadors to Athens. The quaestors did not give the ambassadors the +money for their expenses which they ought to have given them. The +ambassadors consequently did not go. They are impeached." The charge +brought against them is, "They ought to have gone." The denial is, +"They ought not." The question is, "Whether they ought." The reason +alleged is, "Because the money for their expenses, which is usually +given to ambassadors from the public treasury, was not given to them +by the quaestor." The argument brought to invalidate that reason is, +"Still you ought to have discharged the duty which was entrusted to +you by the public authority." The question for the decision of the +judges is, "Whether, as the money which ought to have been supplied +from the public treasury was not furnished to those men who were +appointed ambassadors, they were nevertheless bound to discharge the +duties of their embassy." In this class of inquiry, as in all the +other kinds, it will be desirable to see if anything can be assumed, +either from a conjectural statement of the case, or from any other +kind of statement. And after that, many arguments can be brought to +bear on this question, both from comparison, and from the transference +of the guilt to other parties. + +But the prosecutor will, in the first place, if he can, defend the man +through whose fault the accused person says that that action was done; +and if he cannot, he will declare that the fault of the other party +has nothing to do with this trial, but only the fault of this man whom +he himself is accusing. Afterwards he will say that it is proper for +every one to consider only what is his own duty; and that if the one +party did wrong, that was no reason for the other doing wrong too. And +in the next place, that if the other man has committed a fault, he +ought to be accused separately as this man is, and that the accusation +of the one is not to be mixed up with the defence of the other. + +But when the advocate for the defence has dealt with the other +arguments, if any arise out of other statements of the case, he will +argue in this way with reference to the transference of the charge to +other parties. In the first place, he will point out to whose fault +it was owing that the thing happened; and in the next place, as it +happened in consequence of the fault of some one else, he will point +out that he either could not or ought not to have done what the +prosecutor says he ought: that he could not, will be considered with +reference to the particulars of expediency, in which the force of +necessity is involved; that he ought not, with reference to the +honourableness of the proceeding. We will consider each part more +minutely when talking of the deliberative kind of argument. Then +he will say, that everything was done by the accused person which +depended on his own power; that less was done than ought to have been, +was the consequence of the fault of another person. After that, +in pointing out the criminality of that other person, it will be +requisite to show how great the good will and zeal of the accused +person himself was. And that must be established by proofs of this +sort--by his diligence in all the rest of the affair, by his previous +actions, or by his previous expressions. And it may be well to show +that it would have been advantageous to the man himself to have done +this, and disadvantageous not to have done it, and that to have done +it would have been more in accordance with the rest of his life, than +the not having done it, which, was owing to the fault of the other +party. + +XXX But if the criminality is not to be transferred to some particular +person, but to some circumstance, as in this very case--"If the +quaestor had been dead, and on that account the money had not been +given to the ambassadors," then, as the accusation of the other party, +and the denial of the fault is removed, it will be desirable to employ +the other topics in a similar manner, and to assume whatever is +suitable to one's purpose from the divisions of admitted facts. But +common topics are usually nearly the same to both parties, and then, +after the previous topics are taken for granted, will suit either to +the greatest certainty. The accuser will use the topic of indignation +at the fact, the defender, when the guilt belongs to another and does +not attach to himself, will urge that he does not deserve to have any +punishment inflicted on him. + +But the removal of the criminality from oneself is effected when the +accused person declares, that what is attributed to him as a crime +did not affect him or his duty, and asserts that if there was any +criminality in it, it ought not to be attributed to him. That kind of +dispute is of this sort--"In the treaty which was formerly made with +the Samnites, a certain young man of noble birth held the pig which +was to be sacrificed, by the command of the general. But when the +treaty was disavowed by the senate, and the general surrendered to the +Samnites, one of the senators asserted that the man who held the pig +ought also to be given up." The charge is, "He ought to be given up." +The denial is, "He ought not." The question is, "Whether he ought or +not." The reason is, "For it was no particular duty of mine, nor did +it depend on my power, being as young as I was, and only a private +individual, and while the general was present with the supreme +authority and command, to take care that the treaty was solemnised +with all the regular formalities." The argument to invalidate this +reason is, "But since you became an accomplice in a most infamous +treaty, sanctioned with the most formal solemnities of religion, you +ought to be surrendered." The question for the judges to decide is +"Whether, since a man who had no official authority was present, by +the command of the general, aiding and abetting in the adopting of +the treaty, and in that important religious ceremony, he ought to be +surrendered to the enemy or not." This kind of question is so far +different from the previous one, because in that the accused person +admits that he ought to have done what the prosecutor says ought +to have been done, but he attributes the cause to some particular +circumstance or person, which was a hindrance to his own intention, +without having recourse to any admission. For that has greater force, +which will be understood presently. But in this case a man ought +not to accuse the opposite party, nor to attempt to transfer the +criminality to another, but he ought to show that that has not and +never has had any reference whatever to himself, either in respect +of power or duty. And in this kind of cause there is this new +circumstance, that the prosecutor often works up a fresh accusation +out of the topics employed, to remove the guilt from the accused +person. As for instance,--"If any one accuses a man who, while he was +praetor, summoned the people to take up arms for an expedition, at +a time when the consuls were in the city." For as in the previous +instance the accused person showed that the matter in question had +no connexion with his duty or his power, so in this case also, the +prosecutor himself, by removing the action done from the duty and +power of the person who is put on his trial, confirms the accusation +by this very argument. And in this case it will be proper for each +party to examine, by means of all the divisions of honour and +expediency, by examples, and tokens, and by arguing what is the duty, +or right, or power of each individual, and whether he had that right, +and duty, and power which is the subject of the present discussion, or +not. But it will be desirable for common topics to be assumed from the +case itself, if there is any room in it for expressions of indignation +or complaint. + +XXI. The admission of the fact takes place, when the accused person +does not justify the fact itself, but demands to be pardoned for it. +And the parts of this division of the case are two: purgation and +deprecation. Purgation is that by which (not the action, but) the +intention of the person who is accused, is defended. That has three +subdivisions,--ignorance, accident, necessity. + +Ignorance is when the person who is accused declares that he did not +know something or other. As, "There was a law in a certain nation +that no one should sacrifice a calf to Diana. Some sailors, when in a +terrible tempest they were being tossed about in the open sea, made a +vow that if they reached the harbour which they were in sight of, they +would sacrifice a calf to the god who presided over that place. Being +ignorant of the law, when they landed, they sacrificed a calf." They +are prosecuted. The accusation is, "You sacrificed a calf to a god to +whom it was unlawful to sacrifice a calf." The denial consists in the +admission which has been already stated. The reason is, "I was not +aware that it was unlawful." The argument brought to invalidate that +reason is, "Nevertheless, since you have done what was not lawful, you +are according to the law deserving of punishment." The question for +the decision of the judge is, "Whether, as he did what he ought not to +have done, and was not aware that he ought not to have done so, he is +worthy of punishment or not." + +But accident is introduced into the admission when it is proved that +some power of fortune interfered with his intention; as in this +case:--"There was a law among the Lacedaemonians, that if the +contractor failed to supply victims for a certain sacrifice, he should +be accounted guilty of a capital offence; and accordingly, the man who +had contracted to supply them, when the day of the sacrifice was at +hand, began to drive in cattle from the country into the city. It +happened on a sudden that the river Eurotus, which flows by Lacedaemon, +was raised by some violent storms, and became so great and furious +that the victims could not by any possibility be conveyed across. The +contractor, for the sake of showing his own willingness, placed all +the victims on the bank of the river, in order that every one on +the other side of the river might be able to see them. But though, +everyone was aware that it was the unexpected rise of the river +which hindered him from giving effect to his zeal, still some people +prosecuted him on the capital charge." The charge was, "The victims +which you were bound to furnish for the sacrifice were not furnished." +The reply was an admission of the fact. The reason alleged was, "For +the river rose on a sudden, and on that account it was impossible to +convey them across." The argument used to invalidate that reason +was, "Nevertheless, since what the law enjoins was not done, you are +deserving of punishment." The question for the decision of the judges +was, "Whether, as in that respect the contractor did not comply with +the law, being prevented by the unexpected rise of the river +which hindered his giving effect to his zeal, he is deserving of +punishment." + +XXXII. But the plea of necessity is introduced when the accused person +is defended as having done what he is accused of having done under +the influence of compulsion. In this way:--"There is a law among the +Rhodians, that if any vessel with a beak is caught in their harbour, +it shall be confiscated. There was a violent storm at sea; the +violence of the winds compelled a vessel, against the will of her +crew, to take refuge in the harbour of the Rhodians. On this the +quaestor claims the vessel for the people. The captain of the ship +declared that it was not just that it should be confiscated." The +charge is, "A ship with a beak was caught in the harbour." The reply +is an admission of the fact. The reason given is, "We were driven +into the harbour by violence and necessity." The argument brought to +invalidate that reason is, "Nevertheless, according to the law that +ship ought to become the property of the people." The question for the +decision of the judge is, "Whether, as the law confiscates every ship +with a beak which is found in the harbour, and as this ship, in spite +of the endeavours of her crew, was driven into the harbour by the +violence of the tempest, it ought to be confiscated." + +We have collected these examples of these three kinds of cases into +one place, because a similar rule for the arguments required for these +prevails in all of them. For in all of them, in the first place, it +is desirable, if the case itself affords any opportunity of doing so, +that a conjecture should be introduced by the accuser, in order that +that which it will be stated was not done intentionally, may be +demonstrated by some suspicious circumstances, to have been done +intentionally. In the next place, it will be well to introduce a +definition of necessity, or of accident, or of ignorance, and to add +instances to that definition, in which ignorance, or accident, or +necessity appear to have operated, and to distinguish between such +instances and the allegations put forward by the accused person, (that +is to say, to show that there is no resemblance between them,) because +this was a lighter or an easier matter, or one which did not admit of +any one's being ignorant respecting it, or one which gave no room for +accident or necessity. After that it must be shown that it might have +been avoided, and, that the accused person might have prevented it if +he had done this thing, or that thing, or that he might have guarded +against being forced to act in such a manner. And it is desirable to +prove by definitions that this conduct of his ought not to be called +imprudence, or accident, or necessity, but indolence, indifference, or +fatuity. + +And if any necessity alleged appears to have in it anything +discreditable, it will be desirable for the opponent, by a chain of +common topics, to prove that it would have been better to suffer +anything, or even to die, rather than to submit to a necessity of the +sort. And then, from these topics, which have been already discussed +when we spoke of the question of fact, it will be desirable to inquire +into the nature of law and equity, and, as if we were dealing with +an absolute juridical question, to consider this point by itself +separately from all other points. And in this place, if there should +be an opportunity, it will be desirable to employ instances in which +there can be no room for any similar excuse, and also to institute a +comparison, showing that there would have been more reason to allow it +in them, and by reference to the divisions of deliberation, it may be +shown that it is admitted that that action which was committed by the +adversary is confessed to have been discreditable and useless, that +it is a matter of great importance, and one likely to cause great +mischief, if such conduct is overlooked by those who have authority to +punish it. + +XXXIII. But the advocate for the defence will be able to convert all +these arguments, and then to use them for his own purposes. And +he will especially dwell on the defence of his intentions, and in +exaggerating the importance of that which was an obstacle to his +intentions, and he will show that he could not have done more than he +did do, and he will urge that in all things the will of the doer ought +to be regarded, and that it is quite impossible that he should be +justly convicted of not being free from guilt, and that under his name +the common powerlessness of mankind is sought to be convicted. Then, +too, he will say that nothing can be more scandalous than for a man +who is free from guilt, not also to be free from punishment. But the +common topics for the prosecutor to employ are these, one resting on +the confession of the accused person, and the other pointing out what +great licence for the violation of the law will follow, if it is once +laid down that the thing to be inquired into is not the action but +the cause of the action. The common topics for the advocate for the +defence to employ are, a complaint of that calamity which has taken +place by no fault of his, but in consequence of some overruling power, +and a complaint also of the power of fortune and the powerless +state of men, and an entreaty that the judges should consider his +intentions, and not the result. And in the employment of all these +topics it will be desirable that there should be inserted a complaint +of his own unhappy condition, and indignation at the cruelty of his +adversaries. + +And no one ought to marvel, if in these or other instances he sees +a dispute concerning the letter of the law added to the rest of the +discussion. And we shall have hereafter to speak of this subject +separately, because some kinds of causes will have to be considered by +themselves, and with reference to their own independent merits, +and some connect with themselves some other kind of question also. +Wherefore, when everything is cleared up, it will not be difficult to +transfer to each cause whatever is suitable to that particular kind of +inquiry, as in all these instances of admission of the fact, there is +involved that dispute as to the law, which is called the question as +to the letter and spirit of the law. But as we were speaking of the +admission of the fact we gave rules for it. But in another place we +will discuss the letter and the spirit of the law. At present we will +limit our consideration to the other division of the admission of the +fact. + +XXXIV. Deprecation is when it is not attempted to defend the action +in question, but entreaties to be pardoned are employed. This kind of +topic can hardly be approved of in a court of justice, because, when +the offence is admitted, it is difficult to prevail on the man who +is bound to be the chastiser of offences to pardon it. So that it is +allowable to employ that kind of address only when you do not rest the +whole cause on it. As for instance, if you were speaking in behalf of +some illustrious or gallant man, who has done great services to +the republic, you might, without appearing to have recourse to +deprecation, still employ it in this manner:--"But if, O judges, this +man, in return for the services which he has done you, and the zeal +which he has displayed in your cause at all times, were now, when he +himself is in such peril, to entreat you, in consideration of his many +good actions, to pardon this one error, it would only be what is due +both to your own character for clemency, and to his virtue, O judges, +for you to grant him this indulgence at his request." Then it will be +allowable to dwell upon the services which he has done, and by the +use of some common topic to lead the judges to feel an inclination to +pardon him. + +Wherefore, although this kind of address has no proper place in +judicial proceedings, except to a certain limited extent; still, +because both the portion which is allowable must be employed at times, +and because it is often to be employed in all its force in the senate +or in the council, we will give rules for it also. For there was a +long deliberation in the senate and in the council about Syphax; and +there was a long discussion before Lucius Opimius and his bench of +assessors respecting Quintus Numitorius Pullus; and in this case the +entreaty for pardon had more influence than the strict inquiry into +the case. For he did not find it so easy to prove that he had always +been well affected towards the Roman people, by employing the +statement of the case founded on conjecture, as to show that it was +reasonable to pardon him on account of his subsequent services, when +he added the topics of deprecation to the rest of his defence. + +XXXV. It will be desirable, therefore, for the man who entreats to be +pardoned for what he admits that he has done, to enumerate whatever +services of his he is able to, and, if possible, to show that they are +greater than those offences which he has committed, so that it may +appear that more good than evil has proceeded from him; and then to +put forward also the services done by his ancestors, if there are any +such; and also to show that he did what he did, not out of hatred, or +out of cruelty, but either through folly, or owing to the instigation +of some one, or for some other honourable or probable cause; and after +that to promise and undertake that he has been taught by this error of +his, and confirmed in his resolution also by the kindness of those who +pardon him, to avoid all such conduct in future. And besides this, he +may hold out a hope that he will hereafter be able, in some respect or +other, to be of great use to those who pardon him now; he will find it +serviceable to point out that he is either related to the judges, +or that he has been as far back as possible an hereditary friend +of theirs; and to express to them the earnestness of his good-will +towards them, and the nobility of the blood and dignity of those +men who are anxious for his safety. And all other qualities and +circumstances which, when attributable to persons, confer honour and +dignity on them, he, using no complaint, and avoiding all arrogance, +will point out as existing in himself, so that he may appear to +deserve some honour rather than any kind of punishment; and after that +it will be wise of him to mention other men who have been pardoned for +greater offences. + +And he will do himself a great deal of good if he shows that he +himself, when in power, was merciful and inclined to pardon others. +And the offence of which he is now accused must be extenuated and +made to appear as trifling as possible; and it must be shown to be +discreditable, or at all events inexpedient, to punish such a man as +he is. After that it will be advisable to seek to move pity by use of +common topics, according to those rules which have been laid down in +the first book. + +XXXVI. But the adversary will exaggerate the offences; he will say +that nothing was done ignorantly, but that everything was the result +of deliberate wickedness and cruelty. He will show that the accused +person has been pitiless, arrogant, and (if he possibly can) at all +times disaffected, and that he cannot by any possibility be rendered +friendly. If he mentions any services done by him, he will prove that +they were done for some private object, and not out of any good will; +or else he will prove that he has conceived hatred since or else that +all those services have been effaced by his frequent offences, or else +that his services are of less importance than his injuries, or that, +as he has already received adequate honours for his services, he ought +also to have punishment inflicted on him for the injuries which he has +committed. In the next place, he will urge that it is discreditable or +pernicious that he should be pardoned. And besides that, it will be +the very extremity of folly not to avail oneself of one's power over +a man, over whom one has often wished to have power, and that it is +proper to consider what feelings, or rather what hatred they ought to +entertain towards him. But one common topic to be employed will be +indignation at his offence, and another will be the argument, that it +is right to pity those who are in distress, owing to misfortune, and +not those who are in such a plight through their own wickedness. + +Since, then, we have been dwelling so long on the general statement of +the case, on account of the great number of its divisions, in order +to prevent any one's mind from being so distracted by the variety +and dissimilarity of circumstances, and so led into some errors, +it appears right also to remind the reader of what remains to be +mentioned of that division of the subject, and why it remains. We have +said, that that was the juridical sort of examination in which +the nature of right and wrong, and the principles of reward and +punishment, were investigated. We have explained the causes in which +inquiry into right and wrong is proceeded with. It remains now to +explain the principles which regulate the distribution of rewards and +punishments. + +XXXVII. For there are many causes which consist of a demand of some +reward. For there is often question before the judges of the rewards +to be conferred on prosecutors, and very often some reward is claimed +for them from the senate, or from the bench of judges. And it is not +advisable that any one should think that, when we are adducing some +instance which is under discussion in the senate, we by so doing are +abandoning the class of judicial examples. For whatever is said +with reference to approving or disapproving of a person, when the +consideration of the opinions of the judges is adapted to that form of +expression, that, even although it is treated with reference to the +language in which the opinion is couched, is a deliberative argument, +still, because it has especial reference to some person, it is to be +accounted also judicial. And altogether, a man who has diligently +investigated the meaning and nature of all causes will perceive that +they differ both in character and in form; but in the other divisions +he will see them all consistent with each other, and every one +connected with the other. At present, let us consider the question of +rewards. Lucius Licinius Crassus, the consul, pursued and destroyed a +band of people in the province of the Nearer Gaul, who were collected +together under no known or regular leader, and who had no name or +number of sufficient importance to be entitled enemies of the Roman +people; but still they made the province unsafe by their constant +sallies and piratical outbreaks. He returns to Rome. He demands a +triumph. Here, as also in the case of the employment of deprecation, +it does not at all concern us to supply reasons to establish and to +invalidate such a claim, and so to come before the judges; because, +unless some other statement of the case is also put forth, or some +portion of such statement, the matter for the decision of the judges +will be a simple one, and will be contained in the question itself. In +the case of the employment of deprecation, in this manner: "Whether +so and so ought to be punished." In this instance, in such a manner: +"Whether he ought to be rewarded." + +Now we will furnish some topics suitable for the investigation into +the principles of rewards. + +XXXVIII. The principle, then, on which rewards are conferred is +distributable into four divisions: as to the services done; the person +who has done them; the kind of reward which is to be conferred; and +the means of conferring it. The services done will be considered with +reference to their own intrinsic merits, and to the time, and to +the disposition of the man who did them, and to their attendant +circumstances. They will be examined with reference to their own +intrinsic merits, in this manner:--Whether they are important or +unimportant; whether they were difficult or easy; whether they are +of a common or extraordinary nature; whether they are considered +honourable on true or false principles. And with reference to the time +at which they were done:--If they were done at a time when we had need +of them; when other men could or would not help them; if they were +done when all other hope had failed. With reference to the disposition +of the man who did them:--If he did not do them with a view to any +advantage of his own, but if he did everything else for the express +purpose of being able to do this afterwards. And with reference to the +attendant circumstances:--If what was done appears not to have been +done by chance, but in consequence of some deliberate design, or if +chance appears to have hindered the design. + +But, with respect to the man who did the service in question, it will +be requisite to consider in what manner he has lived, and what expense +or labour he has devoted to that object; whether he has at any time +done any other similar action; whether he is claiming a reward +for himself for what is in reality the result of another person's +exertions, or of the kindness of the gods. Whether he has ever, in the +case of any one else, pronounced that he ought not to be rewarded for +such a reason; or, whether he has already had sufficient honour paid +to him for what he has done; or, whether what has been done is an +action of such a sort that, if he had not done it, he would have been +deserving of punishment; but that he does not deserve reward for +having done it; or, whether he is premature in his demand for a +reward, and is proposing to sell an uncertain hope for a certain +reward; or, whether he claims the reward in order to avoid some +punishment, by its appearing as if the case had already been decided +in his favour. + +XXXIX. But as to the question of the reward, it will be necessary to +consider what reward, how great a reward is claimed, and why it is +claimed; and also, to what reward, and to how great a reward, the +conduct in question is entitled. And in the next place, it will be +requisite to inquire what men had such honours paid them in the time +of our ancestors, and for what causes those honours were paid. And, in +the next place, it will be urged that they ought not to be made too +common. And this will be one common topic for any one who speaks in +opposition to a person who claims a reward;--that rewards for virtue +and eminent services ought to be considered serious and holy things, +and that they ought not to be conferred on worthless men, or to be +made common by being bestowed on men of no particular eminence. And +another will be, to urge that men will become less eager to practise +virtue when the reward of virtue has been made common; for those +things which are scarce and difficult of attainment appear honourable +and acceptable to men. And a third topic is, to put the question, +whether, if there are any instances of men who, in the times of our +ancestors, were thought worthy of such honours on account of their +eminent virtue, they will not be likely to think it some diminution +of their own glory, when they see that such men as these have such +rewards conferred on them. And then comes the enumeration of those +men, and the comparison of them with those against whom the orator is +speaking. But the topics to be used by the man who is claiming the +reward are, first of all, the exaggeration of his own action; and +next, the comparison of the actions of those men who have had rewards +conferred on them with his own; and lastly, he will urge that other +men will be repelled from the pursuit of virtue if he himself is +denied the reward to which he is entitled. + +But the means of conferring the rewards are taken into consideration +when any pecuniary reward is asked for; for then it is necessary to +consider whether there is an abundance of land, and revenue, and +money, or a dearth of them. The common topics are,--that it is +desirable to increase the resources of the state, not to diminish +them; and that he is a shameless man who is not content with gratitude +in requital of his services, but who demands also solid rewards. But, +on the other hand, it may be urged, that it is a sordid thing to +argue about money, when the question is about showing gratitude to a +benefactor; and that the claimant is not asking wages for a piece of +work, but honour such as is due for an important service. + +And we have now said enough about the statements of cases; now it +seems necessary to speak of those controversies which turn upon the +letter of the law. + +XL. The controversy turns upon the letter of the law when some doubt +arises from the consideration of the exact terms in which it is drawn +up. That arises from ambiguity, from the letter of the law, from its +intention, from contrary laws, from ratiocination, and definition. But +a controversy arises from ambiguity, when it is an obscure point what +was the intention of the writer, because the written words mean two or +even more different things. In this manner:--"The father of a family, +when he was making his son his heir, left a hundredweight of silver +plate to his wife, in these terms: + +"Let my heir give my wife a hundredweight of silver plate, consisting +of such vessels as may be chosen. After he was dead, the mother +demands of her son some very magnificent vessels of very valuable +carving. He says that he is only bound to give her those vessels which +he himself chooses." Here, in the first place, it is necessary to show +if possible that the will has not been drawn up in ambiguous terms, +because all men in ordinary conversation are accustomed to employ that +expression, whether consisting of one word or more, in that meaning in +which the speaker hopes to show that this is to be understood. Then +it is desirable to prove that from both the preceding and subsequent +language of the will, the real meaning which is being sought may +be made evident. So that if all the words, or most of them, were +considered separately by themselves, they would appear of doubtful +meaning. But as for those which can be made intelligible by a +consideration of the whole document, these have no business to be +thought obscure. + +In the next place, it will be proper to draw one's conclusion as to +the intentions which were entertained by the writer from all his other +writings, and actions, and sayings, and his general disposition, and +from the usual tenor of his life; and to scrutinise that very document +in which this ambiguous phrase is contained which is the subject of +the present inquiry, all over, in all its parts, so as to see whether +there is anything opposite to that interpretation which we contend +for, or contrary to that which the adversary insists on adopting. For +it will be easy to consider what it is probable that the man who drew +up the document intended, from its whole tenor, and from the +character of the writer, and from those other circumstances which are +characteristic of the persons concerned. In the next place, it will +be desirable to show, if the facts of the case itself afford any +opportunity for doing so, that that meaning which the opposite party +contends for, is a much more inconvenient one to adopt than that which +we have assumed to be the proper one, because there is no possible +means of carrying out or complying with that other meaning; but what +we contend for can be accomplished with great ease and convenience. + +As in this law (for there is no objection to citing an imaginary +one for the sake of giving an instance, in order to the more easy +comprehension of the matter):--"Let not a prostitute have a golden +crown. If such a case exists, it must be confiscated." Now, in +opposition to a man who contended that that was to become public +property in accordance with this law, it might be argued, "that there +could be no way of making a prostitute public property, and there is +no intelligible meaning for the law if that is what is to be adopted +as its proper construction; but as to the confiscation of anything +made of gold, the management and the result is easy, and there is no +difficulty in it." + +XLI. And it will be desirable also to pay diligent attention to this +point, whether if that sense is sanctioned which the opposite party +contends for, any more advantageous, or honourable, or necessary +object appears to have been omitted by the framer of the document in +question. That will be done if we can prove that the object which +we are attempting to prove is either honourable, or expedient, or +necessary; and if we can also assert that the interpretation which our +adversaries insist upon, is not at all entitled to such a character. +In the next place, if there is in the law itself any controversy +arising from any ambiguity, it will be requisite to take great care to +show that the meaning which our adversaries adopt is provided for in +some other law. But it will be very serviceable indeed to point out +how the testator would have expressed himself, if he had wished the +interpretation which the adversary puts upon his words to be carried +into execution or understood. As for instance, in this cause, the one, +I mean, in which the question is about the silver plate, the woman +might argue, "That there was no use in adding the words 'as may be +chosen,' if the matter was left to the selection of the heir; for if +no such words had been inserted, there could have been no doubt at all +that the heir might have given whatever he himself chose. So that it +was downright madness, if he wished to take precautions in favour of +his heir, to add words which might have been wholly left out without +such omission prejudicing his heir's welfare." + +Wherefore, it will be exceedingly advisable to employ this species of +argument in such causes:--"If he had written with this intention he +would not have employed that word; he would not have placed that word +in that place;" for it is from such particulars as these that it is +easiest to collect the intention of the writer. In the next place, it +is necessary to inquire when the document was drawn up, in order that +it may be understood what it was likely that he should have wished +at such a time. Afterwards it will be advisable to point out, by +reference to the topics furnished by the deliberative argument, what +is more useful and what more honourable to the testator to write, and +to the adversary to prove; and it will be well for both parties to +employ common topics, if there is any room for extending either +argument. + +XLII. A controversy arises with respect to the letter of the document +and to its meaning, when one party employs the very words which are +set down in the paper; and the other applies all his arguments to that +which he affirms that the framer of the document intended. But the +intention of the framer of the document must be proved by the man who +defends himself, by reference to that intention, to have always the +same object in view and the same meaning; and it must also, either +by reference to the action or to some result, be adapted to the time +which the inquiry concerns. It must be proved always to have the same +object in view, in this way:--"The head of a house, at a time when he +had no children, but had a wife, inserted this clause in his will: 'If +I have a son or sons born to me, he or they is or are to be my heir +or heirs.' Then follow the ordinary provisions. After that comes the +following clause: 'If my son dies before he comes into the property, +which is held in trust for him, then,' says the clause, 'you shall be +my reversionary heir.' He never has a son. His next of kin raise a +dispute with the man who is named as the heir, in the case of the +testator's son dying before he comes into the property which his +guardians are holding for him." In this case it cannot be said that +the meaning of the testator ought to be made to suit the time or some +particular result, because that intention alone is proved on which the +man who is arguing against the language of the will relies, in order +to defend his own right to the inheritance. + +There is another class of topics which introduce the question as to +the meaning of expressions, in which the mere simple intention of the +framer is not endeavoured to be proved, for that has the same weight +with reference to every period and every action; but it is argued that +it ought to be interpreted with reference to some particular action, +or to some event happening at that particular time. And that is +especially supported by the divisions of the juridical assumptive mode +of investigation. For then the comparison is instituted; as in the +case of "a man who, though the law forbad the gates to be opened +by night, did open them in a certain war, and admitted some +reinforcements into the town, in order to prevent their being +overwhelmed by the enemy if they remained outside the gates; because +the enemy were encamped close to the walls." Then comes the retorting +of the charge; as in the case of "that soldier who, when the common +law of all men forbad any one to kill a man, slew his own military +tribune who was attempting to offer violence to him." Then comes +the exculpation; as in the case of "that man who, when the law had +appointed some particular days within which he was to proceed on his +embassy, did not set out because the quaestor did not furnish him with +money for his expenses." Then comes the admission of the fact by way +of purgation, and also by the excuse of ignorance; as "in the case of +the sacrificing a calf;" and with reference to compulsion, as "in the +case of the beaked ship;" and with reference to accident, as "in the +case of the sudden rise of the river Eurotas." Wherefore, it is best +that the meaning should be introduced in such a way, as that the +framer of the law should be proved to have intended some one definite +thing; else in such a way that he should be proved to have meant this +particular thing, under these circumstances, and at this time. + +XLIII. He, therefore, who is defending the exact language of the law, +will generally be able to use all these topics; and will always be +able to use the greater part of them. First of all, he will employ a +panegyric of the framer of it, and the common topic that those who +are the judges have no business to consider anything except what +is expressly stated in the law; and so much the more if any legal +document be brought forward, that is to say, either the law itself, +or some portion of the law. Afterwards--and this is a point of the +greatest importance--he will employ a comparison of the action or of +the charge brought by the opposite party with the actual words of the +law; he will show what is contained in the law, what has been done, +what the judge has sworn. And it will be well to vary this topic in +many ways, sometimes professing to wonder in his own mind what can be +said against this argument; sometimes recurring to the duty of the +judge, and asking of him what more he can think it requisite to +hear, or what further he expects; sometimes by bringing forward +the adversary himself, as if in the position of a person making an +accusation; that is to say, by asking him whether he denies that the +law is drawn up in that manner, or whether he denies that he himself +has contravened it, or disputed it. If he denies either of these +points, then one must avow that one will say no more; if he denies +neither of them, and yet continues to urge his arguments in opposition +to one, then one must say that it is impossible for any one ever to +expect to see a more impudent man. And it will be well to dwell on +this point as if nothing besides were to be said, as if nothing could +be said in contradiction, by reciting several times over what is +written; by often contrasting the conduct of the adversary with what +is written; and sometimes by recurring vehemently to the topic of the +judge himself; in which one will remind the judge of what oath he has +taken, of what his conduct is bound to be; and urge that there are two +causes on account of which a judge is bound to hesitate, one if the +law be obscurely worded, the other if the adversary denies anything. +But as in this instance the wording of the law is plain, and the +adversary admits every fact that is alleged, the judge has now nothing +to do but to fulfil the law, and not to interpret it. + +XLIV. When this point has been sufficiently insisted on, then it will +be advisable to do away with the effect of those things which the +adversary has been able to urge by way of objection. But such +objections will be made if the framer of the law can be absolutely +proved to have meant one thing, and written another; as in that +dispute concerning the will which we mentioned just now: or some +adventitious cause may be alleged why it was not possible or not +desirable to obey the written law minutely. If it is stated that the +framer of the law meant one thing, and wrote another, then he who +appeals to the letter of the law will say that it is our business not +to discuss the intention of a man who has left us a plain proof of +that intention, to prevent our having any doubt about it; and that +many inconveniences must ensue if the principle is laid down that we +may depart from the letter of the law. For that then those who frame +laws will not think that the laws which they are making will remain +firm; and those who are judges will have no certain principle to +follow if once they get into the habit of departing from the letter of +the law. But if the intention of the framer of the law is what is to +be looked at, then it is he, and not his adversaries, who relies on +the meaning of the lawgiver. For that that person comes much nearer to +the intention of the framer of a law who interprets it from his own +writings, than he who does not look at the meaning of the framer of +the law by that writing of his own which he has left to be as it were +an image of his meaning, but who investigates it under the guidance of +some private suspicions of his own. + +If the party who stands on the meaning of the lawgiver brings forward +any reasons, then, in the first place, it will be necessary to reply +to those reasons; to urge how absurd it is for a man not to deny that +he has acted contrary to the law, but at the same time to give some +reason for having acted so. Then one will say too that all things are +turned upside down; that formerly prosecutors were in the habit of +trying to persuade the judges that the person who was being prosecuted +before them was implicated in some fault, and of alleging some reasons +which had instigated him to commit this fault; but that now the +accused person himself is giving the reasons why he has offended +against the laws. Then it will be proper to introduce this division, +each portion of which will have many lines of argument suitable to it: +in the first place, that there is no law with reference to which it +is allowable to allege any reasons contrary to the law; in the next +place, that if such a course is admissible in any law, this is such a +law that it is not admissible with respect to it; and lastly, that, +even if such reasons ever might be alleged, at all events this is not +such a reason. + +XLV. The first part of the argument is confirmed by pretty nearly the +same topics as these: that the framer of the law was not deficient in +either ability, or pains, or any faculty requisite to enable him to +express plainly what his intention was; that it would not have been +either displeasing or difficult to him to insert such an exception as +that which the opposite party contends for in his law, if he thought +any exception requisite; and in fact, that those people who frame +laws often do insert clauses of exceptions. After that it is well to +enumerate some of the laws which have exceptional clauses attached to +them, and to take especial care to see whether in the law itself which +is under discussion there is any exception made in any chapter, or +whether the same man who framed this law has made exceptions in other +laws, so that it may be more naturally inferred that he would have +made exceptions in this one, if he had thought exceptions requisite; +and it will be well also to show that to admit of a reason for +violating the law is the same thing as abrogating the law, because +when once such a reason is taken into consideration it is no use to +consider it with reference to the law, inasmuch as it is not stated in +the law. And if such a principle is once laid down, then a reason for +violating the law, and a licence to do so, is given to every one, as +soon as they perceive that you as judges decide the matter in a way +which depends on the ability of the man who has violated the law, and +not with reference to the law which you have sworn to administer. +Then, too, one must point out that all principles on which judges are +to judge, and citizens are to live, will be thrown into confusion if +the laws are once departed from; for the judges will not have any +rules to follow, if they depart from what is set down in the law, and +no principles on which they can reprove others for having acted in +defiance of the law. And that all the rest of the citizens will be +ignorant what they are to do, if each of them regulates all his +actions according to his own ideas, and to whatever whim or fancy +comes into his head, and not according to the common statute law of +the state. + +After that it will be suitable to ask the judges why they occupy +themselves at all with the business of other people;--why they allow +themselves to be harassed in discharging the offices of the republic, +when they might often spend the time in promoting their own ends and +private interests;--why they take an oath in a certain form;--why they +assemble at a regular time and go away at a regular time;--why no +one of them ever alleges any reason for being less frequent in his +discharge of his duty to the republic, except such as is set down in +some formal law as an exception. And one may ask, whether they think +it right that they should be bound down and exposed to so much +inconvenience by the laws, and at the same time allow our adversaries +to disregard the laws. After that it will be natural to put the +question to the judges whether, when the party accused himself +endeavours to set down in the law, as an exception, that particular +case in which he admits that he has violated the law, they will +consent to it. And to ask also, whether what he has actually done is +more scandalous and more shameless than the exception which he wishes +to insert in the law;--what indeed can be more shameless? Even if the +judges were inclined to make such an addition to the law, would the +people permit it? One might also press upon them that this is even a +more scandalous measure, when they are unable to make an alteration in +the language and letter of the law, to alter it in the actual facts, +and to give a decision contrary to it; and besides, that it is a +scandalous thing that anything should be taken from the law, or that +the law should be abrogated or changed in any part whatever, without +the people having any opportunity of knowing, or approving, or +disapproving of what is done; that such conduct is calculated to bring +the judges themselves into great odium; that it is not the proper time +nor opportunity for amending the laws; that this ought only to be +brought forward in an assembly of the people, and only to be done by +the people; that if they now do so, the speaker would like to know +who is the maker of the new law, and who are to obey it; that he +sees actions impending, and wishes to prevent them; that as all +such proceedings as these are exceedingly useless and abundantly +discreditable, the law, whatever it is like, ought, while it exists, +to be maintained by the judges, and hereafter, if it is disapproved +of, to be amended by the people. Besides this, if there were no +written law, we should take great trouble to find one; and we should +not place any confidence in that man, not even if he were in no +personal danger himself; but now, when there is a written law, it is +downright insanity to attend to what that man says who has violated +the law, rather than to the language of the law itself. By these and +similar arguments it is proved that it is not right to admit any +excuse which is contrary to the letter of the law. + +XLVI. The second part is that in which it is desirable to prove that +if such a proceeding is right with respect to other laws, it is not +advisable with respect to this one. This will be shown if the +law appears to refer to matters of the greatest importance, and +usefulness, and honourableness, and sanctity; so that it is +disadvantageous, or discreditable, or impious not to obey the law as +carefully as possible in such a matter. Or the law may be proved to +have been drawn up so carefully, and such great diligence may be shown +to have been exercised in framing each separate provision of it, and +in making every exception that was allowable, that it is not at all +probable that anything proper to be inserted has been omitted in so +carefully considered a document. + +The third topic is one exceedingly necessary for a man who is arguing +in defence of the letter of the law; by which it may be urged, that +even if it is decent for an excuse to be admitted contrary to +the letter of the law, still that excuse which is alleged by his +adversaries is of all others the least proper to be so alleged. And +this topic is necessary for him on this account,--because the man who +is arguing against the letter of the law ought always to have some +point of equity to allege on his side. For it is the greatest possible +impudence for a man who wishes to establish some point in opposition +to the exact letter of the law, not to attempt to fortify himself in +so doing, with the assistance of the law. If therefore the accuser in +any respect weakens the defence by this topic, he will appear in +every respect to have more justice and probability in favour of +his accusation. For all the former part of his speech has had this +object,--that the judges should feel it impossible, even if they +wished it, to avoid condemning the accused person; but this part has +for its object the making them wish to give such a decision, even if +it were not inevitable. + +And that result will be obtained, if we use those topics by which +guilt may be proved not to be in the man who defends himself, by using +the topic of comparison, or by getting rid of the accusation, or by +recrimination, or by some species of confession, (concerning all which +topics we have already written with all the precision of which we were +capable,) and if we take those which the case will admit of for the +purpose of throwing discredit on the argument of our adversary;--or +if reasons and arguments are adduced to show why or with what design +those expressions were inserted in the law or will in question, so +that our side of the question may appear established by the meaning +and intention of the writer, and not only by the language which he has +employed. Or the fact may be proved by other statements and arguments. + +XLVII. But any one who speaks against the letter of the law will first +of all introduce that topic by which the equity of the excuse is +proved; or he will point out with what feelings, with what design, and +on what account he did the action in question. And whatever excuse he +alleges he will defend according to some of the rules which I have +already given with respect to assumptions. And when he has dwelt on +this topic for some time, and set forth the principles of his conduct +and the equity of his cause in the most specious manner he can, he +will also add, in opposition to the arguments of his adversaries, +that it is from these topics for the most part that excuses which are +admissible ought to be drawn. He will urge that there is no law which +sanctions the doing of any disadvantageous or unjust action; that all +punishments which are enacted by the laws have been enacted for the +sake of chastising guilt and wickedness; that the very framer of the +laws, if he were alive, would approve of this conduct, and would +have done the very same thing himself if he had been in similar +circumstances. And that it is on this account that the framer of the +law appointed judges of a certain rank and age, in order that there +might be men, not capable merely of reading out what he had written, +which any boy might do, but able also to understand his thoughts and +to interpret his intentions. He will add, that that framer of the law, +if he had been intrusting the laws which he was drawing up to foolish +men and illiterate judges, would have set down everything with the +most scrupulous diligence; but, as it is, because he was aware what +sort of men were to be the judges, he did not put down many things +which appeared to him to be evident; and he expected that you would be +not mere readers of his writings, but interpreters of his intentions. +Afterwards he will proceed to ask his adversaries--"What would you +say if I had done so and so?" "What would you think if so and so had +happened?" "Suppose any one of those things had happened which would +have had a most unfailing excuse, or a most undeniable necessity, +would you then have prosecuted me?" But the law has nowhere made any +such exception. It follows, therefore, that it is not every possible +circumstance which is mentioned in the written law but that some +things which are self-evident are guarded against by unexpressed +exceptions. Then he will urge, that nothing could be carried on +properly either by the laws or by any written document whatever, or +even in daily conversation, or in the commands given in a private +household, if every one chose to keep his eyes on the exact language +of the order, and not to take into consideration the intentions of him +who uttered the order. + +XLVIII. After that he will be able, by reference to the divisions +of usefulness and honour, to point out how inexpedient or how +dishonourable that would have been which the opposite party say ought +to have been done, or to be done now. And on the other hand, how +expedient and how honourable that is which we have done, or demand +should be done. In the next place, he will urge that we set a value on +our laws not on account of their wording, which is a slight and +often obscure indication of their intention, but on account of the +usefulness of those things concerning which they are written, and the +wisdom and diligence of those men who wrote them. Afterwards he will +proceed to describe what the law is, so that it shall appear to +consist of meanings, not of words; and that the judge may appear to be +obedient to the law, who follows its meaning and not its strict words. +After that he will urge how scandalous it is that he should have the +same punishment inflicted on him who has violated the law out of some +mere wickedness and audacity, as on the man who, on account of some +honourable or unavoidable reason, has departed not from the spirit of +the law, but from its letter. And by these and similar arguments +he will endeavour to prove that the excuse is admissible, and is +admissible in this law, and that the excuse which he himself is +alleging ought to be admitted. + +And, as we said that this would be exceedingly useful to the man who +was relying on the letter of the law, to detract in some degree from +that equity which appeared to be on the side of the adversary; so also +it will be of the greatest advantage to the man who is speaking in +opposition to the letter of the law, to convert something of the exact +letter of the law to his own side of the argument, or else to show +that something has been expressed ambiguously. And afterwards, to +take that portion of the doubtful expression which may serve his own +purpose, and defend it; or else to introduce some definition of +a word, and to bring over the meaning of that word which seems +unfavourable to him to the advantage of his own cause, or else, from +what is set down in the law to introduce something which is not set +down by means of ratiocination, which we will speak of presently. But +in whatever matter, however little probable it may be, he defends +himself by an appeal to the exact letter of the law, even when his +case is full of equity, he will unavoidably gain a great advantage, +because if he can withdraw from the cause of the opposite party that +point on which it principally relies, he will mitigate and take off +the effect of all its violence and energy. But all the rest of the +common topics taken from the divisions of assumptive argument will +suit each side of the question. It will also be suitable for him whose +argument takes its stand on the letter of the law, to urge that laws +ought to be looked at, not with reference to the advantage of that man +who has violated them, but according to their own intrinsic value, and +that nothing ought to be considered more precious than the laws. On +the other side, the speaker will urge, that laws depend upon the +intention of the framer of them, and upon the general advantage, +not upon words, and also, how scandalous it is for equity to be +overwhelmed by a heap of letters, and defended in vain by the +intention of the man who drew up the law. + +XLIX. But from contrary laws a controversy arises, when two or more +laws appear to be at variance with one another In this manner--There +is a law, "That he who has slain a tyrant shall receive the regard of +men who conquer at Olympia, and shall also ask whatever he pleases of +the magistrate, and the magistrate shall grant it to him." There is +also another law--"When a tyrant is slain, the magistrate shall also +put to death his five nearest relations." Alexander, who was the tyrant +of Pherse, a city in Thessaly, was slain by his own wife, whose name +was Thebe, at night, when he was in bed with her, she, as a reward, +demands the liberty of her son whom she had by the tyrant. Some say +that according to this law that son ought to be put to death. The +matter is referred to a court of justice. Now in a case of this +kind the same topics and the same rules will suit each side of the +question, because each party is bound to establish his own law, and +to invalidate the one contrary to it. First of all, therefore, it is +requisite to show the nature of the laws, by considering which law has +reference to more important, that is to say, to more honourable and +more necessary matters. From which it results, that if two or more, +or ever so many laws cannot all be maintained, because they are at +variance with one another, that one ought to be considered the most +desirable to be maintained, which appears to have reference to the +most important matters. Then comes the question also, which law was +passed last; for the newest law is the most important. And also, which +law enjoins anything, and which merely allows it; for that which is +enjoined is necessary, that which is allowed is optional. Also one +must consider by which law a penalty is appointed for the violation +of it; or which has the heaviest penalty attached to it; for that law +must be the most carefully maintained which is sanctioned by the most +severe penalties. Again, one must inquire which law enjoins, and which +forbids anything; for it often happens that the law which forbids +something appears by some exception as it were to amend the law which +commands something. Then, too, it is right to consider which law +comprehends the entire class of subjects to which it refers, and which +embraces only a part of the question; which may be applied generally +to many classes of questions, and which appears to have been framed to +apply to some special subject. For that which has been drawn up with +reference to some particular division of a subject, or for some +special purpose, appears to come nearer to the subject under +discussion, and to have more immediate connexion with the present +action. Then arises the question, which is the thing which according +to the law must be done immediately; which will admit of some delay or +slackness in the execution. For it is right that that should be done +first which must be done immediately. In the next place, it is well to +take pains that the law one is advocating shall appear to depend on +its own precise language; and that the law with a contrary sense +should appear to be introduced with a doubtful interpretation, or by +some ratiocination or definition, in order that that law which is +expressed in plain language may appear to be the more solemn and +efficient. After that it will be well to add the meaning of the law +which is on one's own side according to the strict letter of it; and +also to explain the opposite law so as to make it appear to have +another meaning, in order that, if possible, they may not seem to be +inconsistent with one another. And, last of all, it will be a good +thing, if the cause shall afford any opportunity for so doing, to take +care that on our principles both the laws may seem to be upheld, but +that on the principle contended for by our adversaries one of them +must be put aside. It will be well also to consider all the common +topics and those which the cause itself furnishes, and to take them +from the most highly esteemed divisions of the subjects of expediency +and honour, showing by means of amplification which law it is most +desirable to adhere to. + +L. From ratiocination there arises a controversy when, from what +is written somewhere or other, one arrives at what is not written +anywhere; in this way:--"If a man is mad, let those of his family and +his next of kin have the regulation of himself and of his property." +And there is another law--"In whatever manner a head of a family has +made his will respecting his family and his property, so let it be." +And another law--"If a head of a family dies intestate, his family +and property shall belong to his relations and to his next of kin." A +certain man was convicted of having murdered his father. Immediately, +because he was not able to escape, wooden shoes were put upon his +feet, and his mouth was covered with a leathern bag, and bound fast, +then he was led away to prison, that he might remain there while a bag +was got ready for him to be put into and thrown into a river. In +the meantime some of his friends bring tablets to the prison, and +introduce witnesses also; they put down those men as his heirs whom he +himself desires; the will is sealed; the man is afterwards executed. +There is a dispute between those who are set down as his heirs in the +will, and his next of kin, about his inheritance. In this instance +there is no positive law alleged which takes away the power of making +a will from people who are in such a situation. But from other laws, +both those which inflict a punishment of this character on a man +guilty of such a crime, and those, too, which relate to a man's power +of making a will, it is possible to come by means of ratiocination to +a conclusion of this sort, that it is proper to inquire whether he had +the power of making a will. + +But we think that these and such as these are the common topics +suitable to an argument of this description. In the first place, a +panegyric upon, and a confirmation of that writing which you are +producing. Then a comparison of the matter which is the subject of +discussion, with that which is a settled case, in such a manner that +the case which is under investigation may appear to resemble that +about which there are settled and notorious rules. After that, one +will express admiration, (by way of comparison), how it can happen +that a man who admits that this is fair, can deny that other thing, +which is either more equitable still, or which rests on exactly +similar principles; then, too, one will contend that the reason why +there is no precise law drawn up for such a case, is because, as there +was one in existence applicable to the other case, the framer of that +law thought that no one could possibly entertain a doubt in this case; +and afterwards it will be well to urge that there are many cases not +provided for in many laws, which beyond all question were passed over +merely because the rule as to them could be so easily collected out +of the other cases which were provided for; and last of all, it is +necessary to point out what the equity of the case requires, as is +done in a plain judicial case. + +But the speaker who is arguing on the other side is bound to try and +invalidate the comparison instituted, which he will do if he can show +that that which is compared is different from that with which it is +compared in kind, in nature, in effect, in importance, in time, in +situation, in character, in the opinion entertained of it; if it is +shown also in what class that which is adduced by way of comparison +ought to stand, and in what rank that also ought to be considered, for +the sake of which the other thing is mentioned. After that, it will be +well to point out how one case differs from the other, so that it does +not seem that any one ought to have the same opinion of both of them. +And if he himself also is able to have recourse to ratiocination, he +must use the same ratiocination which has been already spoken of. If +he cannot, then he will declare that it is not proper to consider +anything except what is written; that all laws are put in danger if +comparisons are once allowed to be instituted; that there is hardly +anything which does not seem somewhat like something else; that when +there are many circumstances wholly dissimilar, still there are +separate laws for each individual case; and that all things can be +proved to be like or unlike to each other. The common topics derived +from ratiocination ought to arrive by conjecture from that which is +written to that which is not written; and one may urge that no one can +embrace every imaginable case in a written law, but that he frames a +law best who takes care to make one thing understood from another. One +may urge, too, that in opposition to a ratiocination of this sort, +conjecture is no better than a divination, and that it would be a +sign of a very stupid framer of laws not to be able to provide for +everything which he wished to. + +LI. Definition is when a word is set down in a written document, whose +exact meaning is inquired into, in this manner:--There is a law, +"Whoever in a severe tempest desert their ship shall be deprived of +all their property; the ship and the cargo shall belong to those men +who remain by the ship." Two men, when they were sailing on the open +sea, and when the ship belonged to one of them and the cargo to +another, noticed a shipwrecked man swimming and holding out his hands +to them. Being moved with pity they directed the ship towards him, and +took the man into their vessel. A little afterwards the storm began to +toss them also about very violently, to such a degree that the owner +of the ship, who was also the pilot, got into a little boat, and from +that he guided the ship as well as he could by the rope by which the +boat was fastened to the ship, and so towed along; but the man to whom +the cargo belonged threw himself on his sword in despair. On this +the shipwrecked man took the helm and assisted the ship as far as he +could. But after the waves went down and the tempest abated, the ship +arrived in harbour. But the man who had fallen on his sword turned out +to be but slightly wounded, and easily recovered of his wound. And +then every one of these three men claimed the ship and cargo for his +own. Every one of them relies on the letter of the law to support +their claim, and a dispute arises as to the meaning of the words. +For they seek to ascertain by definitions what is the meaning of the +expressions "to abandon the ship," "to stand by the ship," and even +what "the ship" itself is. And the question must be dealt with with +reference to all the same topics as are employed in a statement of the +case which turns upon a definition. + +Now, having explained all those argumentations which are adapted to +the judicial class of causes, we will proceed in regular order to +give topics and rules for the deliberative and demonstrative class +of arguments; not that there is any cause which is not at all times +conversant with some statement of the case or other; but because there +are nevertheless some topics peculiar to these causes, not separated +from the statement of the case, but adapted to the objects which are +more especially kept in view by these kinds of argumentation. + +For it seems desirable that in the judicial kind the proper end +is equity; that is to say, some division of honesty. But in the +deliberative kind Aristotle thinks that the proper object is +expediency; we ourselves, that it is expediency and honesty combined. +In the demonstrative kind it is honesty only. Wherefore, in this kind +of cause also, some kinds of argumentation will be handled in a common +manner, and in similar ways to one another. Some will be discussed +more separately with reference to their object, which is what we must +always keep in view in every kind of speech. And we should have no +objection to give an example of each kind of statement of the case, if +we did not see that, as obscure things are made more plain by speaking +of them, so also things which are plain are sometimes made more +obscure by a speech. At present let us go on to precepts of +deliberation. + +LII. Of matters to be aimed at there are three classes; and on the +other hand there is a corresponding number of things to be avoided. +For there is something which of its own intrinsic force draws us to +itself, not catching us by any idea of emolument, but alluring us by +its own dignity. Of this class are virtue, science, truth. And there +is something else which seems desirable, not on account of its own +excellence or nature, but on account of its advantage and of the +utility to be derived from it--such as money. There are also some +things formed of parts of these others in combination, which allure us +and draw us after them by their own intrinsic character and dignity, +and which also hold out some prospect of advantage to us, to induce +us to seek it more eagerly, as friendship, and a fair reputation; +and from these their opposites will easily be perceived, without our +saying anything about them. + +But in order that the principle may be explained in the more simple +way, the rules which we have laid down shall be enumerated briefly. +For those which belong to the first kind of discussion are called +honourable things; those which belong to the second, are called useful +things; but this third thing, because it contains some portion of what +is honourable, and because the power of what is honourable is the more +important part, is perceived to be altogether a compound kind, made up +of a twofold division; still it derives its name from its better part, +and is called honourable. From this it follows, that there are these +parts in things which are desirable,--what is honourable, and what is +useful. And these parts in things which are to be avoided,--what is +dishonourable, and what is useless. Now to these two things there +are two other important circumstances to be added,--necessity and +affection: the one of which is considered with reference to force, the +other with reference to circumstances and persons. Hereafter we will +write more explicitly about each separately. At present we will +explain first the principles of what is honourable. + +LIII. That which either wholly or in some considerable portion of it +is sought for its own sake, we call honourable: and as there are two +divisions of it, one of which is simple and the other twofold, let us +consider the simple one first. In that kind, then, virtue has embraced +all things under one meaning and one name; for virtue is a habit +of the mind, consistent with nature, and moderation, and reason. +Wherefore, when we have become acquainted with all its divisions, it +will be proper to consider the whole force of simple honesty. + +It has then four divisions--prudence, justice, fortitude, and +temperance. Prudence is the knowledge of things which are good, or +bad, or neither good nor bad. Its parts are memory, intelligence, +and foresight. Memory is that faculty by which the mind recovers the +knowledge of things which have been. Intelligence is that by which it +perceives what exists at present. Foresight is that by which anything +is seen to be about to happen, before it does happen. Justice is a +habit of the mind which attributes its proper dignity to everything, +preserving a due regard to the general welfare. Its first principles +proceed from nature. Subsequently some practices became established by +universal custom, from a consideration of their utility; afterwards +the fear of the laws and religion sanctioned proceedings which +originated in nature, and had been approved of by custom. + +Natural law is that which has not had its origin in the opinions of +men, but has been implanted by some innate instinct, like religion, +affection, gratitude, revenge, attention to one's superiors, truth. +Religion is that which causes men to pay attention to, and to respect +with fixed ceremonies, a certain superior nature which men call +divine nature. Affection is that feeling under the influence of which +kindness and careful attention is paid to those who are united to us +by ties of blood, or who are devoted to the service of their country. +Gratitude is that feeling in which the recollection of friendship, +and of the services which we have received from another, and the +inclination to requite those services, is contained. Revenge is that +disposition by which violence and injury, and altogether everything +which can be any injury to us, is repelled by defending oneself from +it, or by avenging it. Attention is that feeling by which men obey +when they think those who are eminent for worth or dignity, worthy of +some special respect and honour. Truth is that by which those things +which are, or which have been previously, or which are about to +happen, are spoken of without any alteration. + +LIV. Conventional law is a principle which has either derived its +origin in a slight degree from nature, and then has been strengthened +by habit, like religion; or, if we see any one of those things which +we have already mentioned as proceeding from nature strengthened by +habit; or, if there is anything to which antiquity has given the +force of custom with the approbation of everybody: such as covenants, +equity, cases already decided. A covenant is that which is agreed upon +between two parties; equity is that which is equally just for every +one; a case previously decided is one which has been settled by the +authoritative decision of some person or persons entitled to pronounce +it. + +Legal right is that which is contained in that written form which is +delivered to the people to be observed by them. + +Fortitude is a deliberate encountering of danger and enduring of +labour. Its parts are magnificence, confidence, patience, and +perseverance. Magnificence is the consideration and management of +important and sublime matters with a certain wide-seeing and splendid +determination of mind. Confidence is that feeling by which the mind +embarks in great and honourable courses with a sure hope and trust in +itself. Patience is a voluntary and sustained endurance, for the +sake of what is honourable or advantageous, of difficult and painful +labours. Perseverance is a steady and lasting persistence in a +well-considered principle. + +Temperance is the form and well-regulated dominion of reason over lust +and other improper affections of the mind. Its parts are continence, +clemency, and modesty. Continence is that by which cupidity is kept +down under the superior influence of wisdom. Clemency is that by which +the violence of the mind, when causelessly excited to entertain hatred +against some one else, is restrained by courtesy. Modesty is that +feeling by which honourable shame acquires a valuable and lasting +authority. And all these things are to be sought for themselves, even +if no advantage is to be acquired by them. And it neither concerns our +present purpose to prove this, nor is it agreeable to our object of +being concise in laying down our rules. + +But the things which are to be avoided for their own sake, are not +those only which are the opposites to these; as indolence is to +courage, and injustice to justice; but those also which appear to +be near to and related to them, but which, in reality, are very far +removed from them. As, for instance, diffidence is the opposite to +confidence, and is therefore a vice; audacity is not the opposite of +confidence, but is near it and akin to it, and, nevertheless, is also +a vice. And in this manner there will be found a vice akin to every +virtue, and either already known by some particular name--as audacity, +which is akin to confidence; pertinacity, which is bordering on +perseverance; superstition, which is very near religion,--or in +some cases it has no fixed name. And all these things, as being the +opposites of what is good, we class among things to be avoided. And +enough has now been said respecting that class of honourable things +which is sought in every part of it for itself alone. + +LV. At present it appears desirable to speak of that in which +advantage is combined with honour, and which still we style simply +honourable. There are many things, then, which allure us both by their +dignity and also by the advantage which may be derived from them: +such as glory, dignity, influence, friendship. Glory is the fact of +a person's being repeatedly spoken of to his praise; dignity is the +honourable authority of a person, combined with attention and honour +and worthy respect paid to him. Influence is a great abundance of +power or majesty, or of any sort of resource. Friendship is a desire +to do service to any one for the sake of the person himself to whom +one is attached, combined with a corresponding inclination on his part +towards oneself. At present, because we are speaking of civil causes, +we add the consideration of advantage to friendship, so that it +appears a thing to be sought for the sake of the advantage also: +wishing to prevent those men from blaming us who think that we are +including every kind of friendship in our definition. + +But although there are some people who think that friendship is only +to be desired on account of the advantage to be derived from it; some +think it is to be desired for itself alone; and some, that it is to be +desired both for its own sake and for the sake of the advantage to be +derived from it. And which of these statements is the most true, there +will be another time for considering. At present it may be laid down, +as far as the orator is concerned, that friendship is a thing to be +desired on both accounts. But the consideration of the different +kinds of friendship, (since they are partly formed on religious +considerations, and partly not; and because some friendships are old, +and some new; and because some originated in kindness shown by our +friends to us, and some in kindness shown by ourselves to them; and +because some are more advantageous, and others less,) must have +reference partly to the dignity of the causes in which it originates, +partly to the occasion when it arises, and also to the services done, +the religious motives entertained, and its antiquity. + +LVI. But the advantages consist either in the thing itself, or in +extraneous circumstances; of which, however, by far the greater +portion is referable to personal advantage; as there are some +things in the republic which, so to say, refer to the person of the +state,--as lands, harbours, money, fleets, sailors, soldiery, allies; +by all which things states preserve their safety and their liberty. +There are other things also which make a thing more noble looking, +and which still are less necessary; as the splendid decorating and +enlarging of a city, or an extraordinary amount of wealth, or a great +number of friendships and alliances. And the effect of all these +things is not merely to make states safe and free from injury, but +also noble and powerful. So that there appears to be two divisions of +usefulness,--safety and power. Safety is the secure and unimpaired +preservation of a sound state. Power is a possession of things +suitable to preserving what is one's own, and to acquiring what +belongs to another. And in all those things which have been already +mentioned, it is proper to consider what is difficult to be done, and +what can be done with ease. We call that a thing easy to be done, +which can be done without great labour, or expense, or annoyance, or +perhaps without any labour, expense, or annoyance at all, and in the +shortest possible time. But that we call difficult to be done which, +although it requires labour, expense, trouble and time, and has every +possible characteristic of difficulty about it, or, at all events, the +most numerous and most important ones, still, when these difficulties +are encountered, can be completed and brought to an end. + +Since, then, we have now discussed what is honourable and what is +useful, it remains for us to say a little of those things which we +have said are attached to these other things; namely, affection and +necessity. + +LVII. I think, then, that necessity means that which cannot be +resisted by any power; that which cannot be softened nor altered. And +that this may be made more plain, let us examine into the meaning of +it by the light of examples, so as to see what its character and how +great its power is. "It is necessary that anything made of wood must +be capable of being burnt with fire. It is necessary that a mortal +body should at some time or other die." And it is so necessary, that +that power of necessity which we were just now describing requires it; +which cannot by any force whatever be either resisted, or weakened, +or altered. Necessities of this kind, when they occur in oratory, are +properly called necessities; but if any difficult circumstances arise, +then we shall consider in the previous examination whether it, the +thing in question, be possible to be done. And it seems to me, that +I perceive that there are some kinds of necessity which admit of +additions, and some which are simple and perfect in themselves. For +we say in very different senses:--"It is necessary for the people of +Casilinum to surrender themselves to Hannibal;" and, "It is necessary +that Casilinum should come into the power of Hannibal." In the one +case, that is, in the first case, there is this addition to the +proposition:--"Unless they prefer perishing by hunger." For if they +prefer that, then it is not necessary for them to surrender. But in +the latter proposition such an addition has no place; because whether +the people of Casilinum choose to surrender, or prefer enduring hunger +and perishing in that manner, still it is necessary that Casilinum +must come into the power of Hannibal. What then can be effected by +this division of necessity? I might almost say, a great deal, when the +topic of necessity appears such as may be easily introduced. For when +the necessity is a simple one, there will be no reason for our making +long speeches, as we shall not be able by any means to weaken it; but +when a thing is only necessary provided we wish to avoid or to obtain +something, then it will be necessary to state what advantage or what +honour is contained in that addition. For if you will take notice, +while inquiring what this contributes to the advantage of the state, +you will find that there is nothing which it is necessary to do, +except for the sake of some cause which we call the adjunct. And, +in like manner, you will find that there are many circumstances of +necessity to which a similar addition cannot be made; of such sort +are these:--"It is necessary that mortal men should die;" without +any addition:--"It is not necessary for men to take food;" with this +exception,--"Unless they have an objection to dying of hunger." + +Therefore, as I said before, it will be always proper to take into +consideration the character of that exception which is added to the +original proposition. For it will at all times have this influence, +that either the necessity must be explained with reference to what is +honourable, in this manner:--"It is necessary, if we wish to live +with honour;" or with reference to safety, in this manner:--"It is +necessary, if we wish to be safe;" or with reference to convenience, +in this manner:--"It is necessary, if we are desirous to live without +annoyance." + +LVIII. And the greatest necessity of all appears to be that which +arises from what is honourable; the next to it is that which arises +from considerations of safety; the third and least important is that +which has ideas of convenience involved in it. But this last can +never be put in comparison with the two former. But it is often +indispensable to compare these together; so that although honour is +more precious than safety, there is still room to deliberate which one +is to consult in the greatest degree. And as to this point, it appears +possible to give a settled rule which may be of lasting application. +For in whatever circumstances it can happen by any possibility that +while we are consulting our safety, that slight diminution of honesty +which is caused by our conduct may be hereafter repaired by virtue and +industry, then it seems proper to have a regard for our safety. But +when that does not appear possible, then we must think of nothing but +what is honourable. And so in a case of that sort when we appear to be +consulting our safety, we shall be able to say with truth that we +are also keeping our eyes fixed on what is honourable, since without +safety we can never attain to that end. And in these circumstances it +will be desirable to yield to another, or to put oneself in another's +place, or to keep quiet at present and wait for another opportunity. +But when we are considering convenience, it is necessary to consider +this point also,--whether the cause, as far as it has reference to +usefulness, appears of sufficient importance to justify us in taking +anything from splendour or honour. And while speaking on this topic, +that appears to me to be the main thing, that we should inquire what +that is which, whether we are desirous of obtaining or avoiding it, +is something necessary; that is to say, what is the character of the +addition; in order that, according as the matter is found to be, so we +may exert ourselves, and consider the most important circumstances as +being also the most necessary. + +Affection is a certain way of looking at circumstances either with +reference to the time, or to the result, or management of affairs, or +to the desires of men, so that they no longer appear to be such as +they were considered previously, or as they are generally in the habit +of being considered. "It appears a base thing to go over to the enemy; +but not with the view which Ulysses had when he went over. And it is a +useless act to throw money into the sea; but not with the design +which Aristippus had when he did so." There are, therefore, some +circumstances which may be estimated with reference to the time at +which and the intention with which they are done; and not according to +their own intrinsic nature. In all which cases we must consider what +the times require, or what is worthy of the persons concerned; and we +must not think merely what is done, but with what intention, with what +companions, and at what time, it is done. And from these divisions of +the subject, we think that topics ought to be taken for delivering +one's opinion. + +LIX. But praise and blame must be derived from those topics which +can be employed with respect to persons, and which we have already +discussed. But if any one wishes to consider them in a more separate +manner, he may divide them into the intention, and the person of the +doer, and extraneous circumstances. The virtue of the mind is that +concerning the parts of which we have lately spoken; the virtues +of the body are health, dignity, strength, swiftness. Extraneous +circumstances are honour, money, relationship, family, friends, +country, power, and other things which are understood to be of a +similar kind. And in all these, that which is of universal validity +ought to prevail here; and the opposites will be easily understood as +to their description and character. + +But in praising and blaming, it will be desirable to consider not +so much the personal character of, or the extraneous circumstances +affecting the person of whom one is speaking, as how he has availed +himself of his advantages. For to praise his good fortune is folly, +and to blame it is arrogance; but the praise of a man's natural +disposition is honourable, and the blame of it is a serious thing. + +Now, since the principles of argumentation in every kind of cause have +been set forth, it appears that enough has been said about invention, +which is the first and most important part of rhetoric. Wherefore, +since one portion of my work has been brought down to its end from the +former book; and since this book has already run to a great length, +what remains shall be discussed in subsequent books. + +[_The two remaining books are lost_.] + + + + +THE ORATOR OF M.T. CICERO. ADDRESSED TO MARCUS BRUTUS. + + +This work was composed by Cicero soon after the battle of Pharsalia, +and it was intended by him to contain the plan of what he himself +considered to be the most perfect style of eloquence. In his Epistles +to his Friends (vi. 18.) he tells Lepta that he firmly believed that +he had condensed all his knowledge of the art of oratory in what he +had set forth in this book. + +I. I have, O Brutus, hesitated a long time and often as to whether +it was a more difficult and arduous business to refuse you, when +constantly requesting the same favour, or to do what you desired me to +do. For to refuse a man to whom I was attached above all men, and whom +I knew also to be most entirely devoted to me, especially when he was +only asking what was reasonable, and desiring what was honourable to +me, appeared to me to be very harsh conduct; and to undertake a matter +of such importance as was not only difficult for any man to have the +ability to execute in an adequate manner, but hard even to think of +in a way suited to its importance, appeared to me to be scarcely +consistent with the character of a man who stood in awe of the reproof +of wise and learned men. For what is there more important than, when +the dissimilarity between good orators is so great, to decide which is +the best sort and as it were the best form of eloquence? + +However, since you repeat your entreaties, I will attempt the task, +not so much from any hope that I entertain of accomplishing it, as +from my willingness to attempt it. For I had rather that you should +find fault with my prudence in thus complying with your eager desire, +than with my friendship in refusing to attempt it. + +You ask me then, and indeed you are constantly asking me, what kind +of eloquence I approve of in the highest degree, and which sort of +oratory I consider that to which nothing can be added, and which I +therefore think the highest and most perfect kind. And in answering +this question I am afraid lest, if I do what you wish, and give you an +idea of the orator whom you are asking for, I may check the zeal of +many, who, being discouraged by despair, will not make an attempt at +what they have no hope of succeeding in. But it is good for all men to +try everything, who have ever desired to attain any objects which are +of importance and greatly to be desired. But if there be any one who +feels that he is deficient either in natural power, or in any eminent +force of natural genius, or that he is but inadequately instructed in +the knowledge of important sciences, still let him hold on his course +as far as he can. For if a man aims at the highest place, it is very +honourable to arrive at the second or even the third rank. For in +the poets there is room not only for Homer (to confine myself to the +Greeks), or for Archilochus, or Sophocles, or Pindar, but there is +room also for those who are second to them, or even below the second. +Nor, indeed, did the nobleness of Plato in philosophical studies deter +Aristotle from writing; nor did Aristotle himself, by his admirable +knowledge and eloquence, extinguish the zeal in those pursuits of all +other men. + +II. And it is not only the case that eminent men have not been +deterred by such circumstances from the highest class of studies, but +even those artists have not renounced their art who have been unable +to equal the beauty of the Talysus[58] which we have seen at Rhodes, +or of the Coan Venus. Nor have subsequent sculptors been so far +alarmed at the statue of the Olympian Jove, or of the Shield-bearer, +as to give up trying what they could accomplish, or how far they could +advance; and, indeed, there has been so vast a multitude of those men, +and each of them has obtained so much credit in his own particular +walk, that, while we admire the most perfect models, we have also +approbation to spare for those who come short of them. + +But in the case of orators--I mean Greek orators--it is a marvellous +thing how far one is superior to all the rest. And yet when +Demosthenes flourished there were many illustrious orators, and so +there were before his time, and the supply has not failed since. So +that there is no reason why the hopes of those men, who have devoted +themselves to the study of eloquence, should be broken, or why +their industry should languish. For even the very highest pitch of +excellency ought not to be despaired of; and in perfect things those +things are very good which are next to the most perfect. + +And I, in depicting a consummate orator, will draw a picture of such +an one as perhaps never existed. For I am not asking who he was, but +what that is than which nothing can be more excellent. And perhaps the +perfection which I am looking for does not often shine forth, (indeed +I do not know whether it ever has been seen,) but still in some degree +it may at times be discoverable, among some nations more frequently, +and among others more sparingly. But I lay down this position, that +there is nothing of any kind so beautiful which has not something more +beautiful still from which it is copied,--as a portrait is from a +person's face,--though it can neither be perceived by the eyes or +ears, or by any other of the senses; it is in the mind only, and by +our thoughts, that we embrace it. Therefore, though we have never seen +anything of any kind more beautiful than the statues of Phidias and +than those pictures which I have named, still we can imagine something +more beautiful. Nor did that great artist, when he was making the +statue of Jupiter or of Minerva, keep in his mind any particular +person of whom he was making a likeness; but there dwelt in his mind +a certain perfect idea of beauty, which he looked upon, and fixed +his eyes upon, and guided his art and his hand with reference to the +likeness of that model. + +III. As therefore there is in forms and figures something perfect and +superexcellent, the appearance of which is stamped in our minds so +that we imitate it, and refer to it everything which falls under our +eyes; so we keep in our mind an idea of perfect eloquence, and seek +for its resemblance with our ears. + +Now Plato, that greatest of all authors and teachers, not only of +understanding, but also of speaking, calls those forms of things +ideas; and he affirms that they are not created, but that they +exist from everlasting, and are kept in their places by reason and +intelligence: that all other things have their rising and setting, +their ebb and flow, and cannot continue long in the same condition. +Whatever there is, therefore, which can become a subject of discussion +as to its principle and method, is to be reduced to the ultimate form +and species of its class. + +And I see that this first beginning of mine is derived not from the +discussions of orators, but from the very heart of philosophy, and +that it is old-fashioned and somewhat obscure, and likely to incur +some blame, or at all events to provoke some surprise. For men will +either wonder what all this has to do with that which is the subject +of our inquiry, and they will be satisfied with understanding the +nature of the facts, so that it may not seem to be without reason that +we have traced their origin so far back; or else they will blame +us for hunting out for unaccustomed paths, and abandoning those in +ordinary use. + +But I am aware that I often appear to say things which are novel, when +I am in reality saying what is very old, only not generally known. +And I confess that I have been made an orator, (if indeed I am one at +all,) or such as I am, not by the workshops of the rhetoricians, but +by the walks of the Academy. For that is the school of manifold and +various discourses, in which first of all there are imprinted the +footsteps of Plato. But the orator is to a great extent trained and +assisted by his discussions and those of other philosophers. For all +that copiousness, and forest, as it were, of eloquence, is derived +from those men, and yet is not sufficient for forensic business; +which, as these men themselves used to say, they left to more rustic +muses. Accordingly this forensic eloquence, being despised and +repudiated by philosophy, has lost many great and substantial helps; +but still, as it is embellished with flowery language and well-turned +periods, it has had some popularity among the people, and has had no +reason to fear the judgment or prejudice of a few. And so popular +eloquence has been lost to learned men, and elegant learning to +eloquent ones. + +IV. Let this then be laid down among the first principles, (and it +will be better understood presently,)--that the eloquent man whom we +are looking for cannot be rendered such without philosophy. Not indeed +that there is everything necessary in philosophy, but that it is of +assistance to an orator as the wrestling-school is to an actor; for +small things are often compared with great ones. For no one can +express wide views, or speak fluently on many and various subjects, +without philosophy. Since also, in the Phaedrus of Plato, Socrates says +that this is what Pericles was superior to all other orators in, that +he had been a pupil of Anaxagoras the natural philosopher. And it was +owing to him, in his opinion, (though he had learnt also many other +splendid and admirable accomplishments,) that he was so copious and +imaginative, and so thoroughly aware--which is the main thing in +eloquence--by what kinds of speeches the different parts of men's +minds are moved. + +And we may draw the same conclusion from the case of Demosthenes; from +whose letters it may be gathered what a constant pupil of Plato's +he was. Nor, indeed, without having studied in the schools of +philosophers, can we discern the genus and species of everything; nor +explain them by proper definitions; nor distribute them into their +proper divisions; nor decide what is true and what is false; nor +discern consequences, perceive inconsistencies, and distinguish what +is doubtful. Why should I speak of the nature of things, the knowledge +of which supplies such abundance of topics to oratory? or of life, and +duty, and virtue, and manners? for what of all these things can be +either spoken of or understood without a long study of those matters? + +V. To these numerous and important things there are to be added +innumerable ornaments, which at that time were only to be derived from +those men who were accounted teachers of oratory. The consequence is, +that no one applies himself to that genuine and perfect eloquence, +because the study requisite for understanding those matters is +different from that which enables me to speak of them; and because it +is necessary to go to one class of teachers to understand the things, +and to another to learn the proper language for them. Therefore Marcus +Antonius, who in the time of our fathers was considered to be the most +eminent of all men alive for eloquence, a manly nature very acute and +eloquent, in that one treatise which he has left behind him, says that +he has seen many fluent speakers, but not one eloquent orator, in +truth, he had in his mind a model of eloquence which in his mind he +saw, though he could not behold it with his eyes. But he, being a man +of the most acute genius, (as indeed he was,) and feeling the want of +many things both in himself and other men, saw absolutely no one who +had fairly a right to be called eloquent. But if he did not think +either himself or Lucius Crassus eloquent, then he certainly must +have had in his mind some perfect model of eloquence; and as that +had nothing wanting, he felt himself unable to include those who had +anything or many things wanting in that class. + +Let us then, O Brutus, if we can, investigate the nature of this man +whom Antonius never beheld, or who perhaps has never even existed; and +if we cannot imitate and copy him exactly, (which indeed Antonius said +was scarcely possible for a god to do,) still we may perhaps be able +to explain what he ought to be like. + +VI. There are altogether three different kinds of speaking, in each of +which there have been some eminent men; but very few (though that is +what we are now looking for) who have been equally eminent in all. For +some have been grandiloquent men, (if I may use such an expression,) +with an abundant dignity of sentiments and majesty of language, +--vehement, various, copious, authoritative; well adapted and prepared +to make an impression on and effect a change in men's feelings: an +effect which some have endeavoured to produce by a rough, morose, +uncivilized sort of speaking, not elaborated or wrought up with any +care; and others employ a smooth, carefully prepared, and well rounded +off style. + +On the other hand, there are men neat, acute, explaining everything, +and making matters clearer, not nobler, polished up with a certain +subtle and compressed style of oratory; and in the same class there +are others, shrewd, but unpolished, and designedly resembling rough +and unskilful speakers; and some who, with the same barrenness and +simplicity, are still more elegant, that is to say, are facetious, +flowery, and even slightly embellished. + +But there is another class, half-way between these two, and as it were +compounded of both of them, endowed neither with the acuteness of the +last-mentioned orators, nor with the thunder of the former; as a sort +of mixture of both, excelling in neither style; partaking of both, or +rather indeed (if we would adhere to the exact truth) destitute of all +the qualifications of either. Those men go on, as they say, in one +uniform tenor of speaking, bringing nothing except their facility and +equalness of language; or else they add something, like reliefs on a +pedestal, and so they embellish their whole oration, with trifling +ornaments of words and ideas. + +VII. Now, whoever have by themselves arrived at any power in each of +these styles of oratory, have gained a great name among orators; but +we must inquire whether they have sufficiently effected what we want. +For we see that there have been some men who have been ornate and +dignified speakers, being at the same time shrewd and subtle arguers. +And I wish that we were able to find a model of such an orator among +the Latins. It would be a fine thing not to be forced to have recourse +to foreign instances, but to be content with those of our own country. +But though in that discourse of mine which I have published in the +Brutus, I have attributed much credit to the Latins,--partly +to encourage others, and partly out of affection for my own +countrymen,--I still recollect that I by far prefer Demosthenes to all +other men, inasmuch as he adapted his energy to that eloquence which +I myself feel to be such, and not to that which I have ever had any +experience of in any actual instance. He was an orator than whom +there has never existed one more dignified, nor more wise, nor more +temperate. And therefore it is well that we should warn those men +whose ignorant conversation is getting to have some notoriety and +weight, who wish either to be called Attic speakers, or who really +wish to speak in the Attic style, to fix their admiration on this man +above all others, than whom I do not think Athens itself more Attic. +For by so doing they may learn what Attic means, and may measure +eloquence by his power and not by their own weakness; for at present +every one praises just that which he thinks that he himself is able +to imitate. But still I think it not foreign to my present subject to +remind those who are endowed with but a weak judgment, what is the +peculiar merit of the Attic writers. + +VIII. The prudence of the hearers has always been the regulator of +the eloquence of the orators. For all men who wish to be approved of, +regard the inclination of those men who are their hearers, and form +and adapt themselves entirely which of the Greek rhetoricians +ever drew any of his rules from Thucydides? Oh, but he is praised +universally. I admit that, but it is on the ground that he is a wise, +conscientious, dignified relater of facts, not that he was pleading +causes before tribunals, but that he was relating wars in a history. +Therefore, he was never accounted an orator; nor, indeed, should we +have ever heard of his name if he had not written a history, though he +was a man of eminently high character and of noble birth. But no one +ever imitates the dignity of his language or of his sentiments, but +when they have used some disjointed and unconnected expressions, which +they might have done without any teacher at all, then they think that +they are akin to Thucydides. I have met men too who were anxious to +resemble Xenophon, whose style is, indeed, sweeter than honey, but as +unlike as possible to the noisy style of the forum. + +X Let us then return to the subject of laying a foundation for +the orator whom we desire to see, and of furnishing him with that +eloquence which Antonius had never found in any one. We are, O Brutus, +undertaking a great and arduous task, but I think nothing difficult to +a man who is in love. But I am and always have been in love with your +genius, and your pursuits, and your habits. Moreover, I am every day +more and more inflamed not only with regret,--though I am worn away +with that while I am wishing to enjoy again our meetings and our daily +association, and your learned discourse,--but also with the admirable +reputation of your incredible virtues, which, though different in +their kind, are united by your prudence. For what is so different or +remote from severity as courtesy? And yet who has ever been considered +either more conscientious or more agreeable than you? And what is +so difficult as, while deciding disputes between many people, to be +beloved by all of them? Yet you attain this end, of dismissing in a +contented and pacified frame of mind the very parties against whom you +decide. Therefore, while doing nothing from motives of interest +you still contrive that all that you do should be acceptable. And +therefore, of all the countries on earth, Gaul[59] is now the only one +which is not affected by the general conflagration, while you yourself +enjoy your own virtues in peace, knowing that your conduct is +appreciated in this bright Italy, and surrounded as you are by the +flower and strength of the citizens. + +And what an exploit is that, never, amid all your important +occupations, to interrupt your study of philosophy! You are always +either writing something yourself or inviting me to write something. +Therefore, I began this work as soon as I had finished my Cato, which +I should never have meddled with, being alarmed at the aspect of the +times, so hostile to virtue, if I had not thought it wicked not to +comply with your wishes, when you were exhorting me and awaking in me +the recollection of that man who was so dear to me, and I call you to +witness that I have only ventured to undertake this subject after many +entreaties on your part, and many refusals on mine. For I wish that +you should appear implicated in this fault, so that if I myself should +appear unable to support the weight of such a subject, you may bear +the blame of having imposed such a burden on me, and I only that +of having undertaken it. And then the credit of having had such a +commission given me by you, will make amends for the blame which the +deficiency of my judgment will bring upon me. + +XI. But in everything it is very difficult to explain the form (that +which is called in Greek [Greek: charaktaer]) of perfection, because +different things appear perfection to different people. I am delighted +with Ennius, says one person, because he never departs from the +ordinary use of words. I love Pacuvius, says another, all his verses +are so ornamented and elaborate while Ennius is often so careless. +Another is all for Attius. For there are many different opinions, as +among the Greeks, nor is it easy to explain which form is the most +excellent. In pictures one man is delighted with what is rough harsh +looking, obscure, and dark, others care only for what is neat cheerful +and brilliant. Why should you, then give any precise command or +formula, when each is best in its own kind, and when there are many +kinds? However, these difficulties have not repelled me from this +attempt, and I have thought that in everything there is some point of +absolute perfection even though it is not easily seen, and, that it +can be decided on by a man who understands the matter. + +But since there are many kinds of speeches, and those different, and +as they do not all fall under one form, the form of panegyric, and of +declamation, and of narration, and of such discourses as Isocrates has +left us in his panegyric, and many other writers also who are called +sophists; and the form also of other kinds which have no connexion +with forensic discussion, and of the whole of that class which is +called in Greek [Greek: epideiktikon], and which is made up as it were +for the purpose of being looked at--for the sake of amusement, I +shall omit at the present time. Not that they deserve to be entirely +neglected; for they are as it were the nursery of the orator whom we +wish to draw; and concerning whom we are endeavouring to say something +worth hearing. + +XII. From this form is derived fluency of words; from it also the +combination and rhythm of sentences derives a freer licence. For +great indulgence is shown to neatly turned sentences; and rhythmical, +steady, compact periods are always admissible. And pains are taken +purposely, not disguisedly, but openly and avowedly, to make one word +answer to another, as if they had been measured together and were +equal to each other. So that words opposed to one another may be +frequently contrasted, and contrary words compared together, and that +sentences may be terminated in the same manner, and may give the same +sound at their conclusion; which, when we are dealing with actual +causes, we do much more seldom, and certainly with more disguise. But, +in his Panathenaic oration, Isocrates avows that he diligently kept +that object in view; for he composed it not for a contest in a court +of justice, but to delight the ears of his hearers. + +They say that Thrasymachus of Chalcedon, and Gorgias of Leontini, +were the first men who taught this science; after him Theodorus of +Byzantium, and many others whom Socrates in the Phaedrus calls [Greek: +logodaidaloi]; who have said many things very tolerably clever, but +which seem as if they had arisen at the moment, trifling, and like +animals which change their colour, and too minutely painted. And this +is what makes Herodotus and Thucydides the more admirable; for though +they lived at the same time with those men whom I have named, still +they kept aloof as far as possible from such amusements, or I should +rather say from such follies. For one of them flows on like a tranquil +river, without any attempts at facetiousness; the other is borne on +in a more impetuous course, and relates warlike deeds in a warlike +spirit; and they are the first men by whom, as Theophrastus says, +history was stirred up to dare to speak in a more fluent and adorned +style than their predecessors had ventured on. + +XIII. Isocrates lived in the age next to theirs; who is at all times +praised by us above all other orators of his class, even though you, +O Brutus, sometimes object in a jesting though not in an unlearned +spirit. But you will very likely agree with me when you know why I +praise him. For as Thrasymachus appeared to him to be too concise with +his closely measured rhythm, and Gorgias also, though they are the +first who are said to have laid down any rules at all for the harmony +of sentences; and as Thucydides was somewhat too abrupt and not +sufficiently round, if I may use such an expression; he was the first +who adopted a system of dilating his ideas with words, and filling +them up with better sounding sentences; and as by his own practice he +formed those men who were afterwards accounted the most eminent men in +speaking and writing, his house got to be reckoned a perfect school +of eloquence. Therefore, as I, when I was praised by our friend Cato, +could easily bear to be blamed by the rest; so Isocrates appears to +have a right to despise the judgment of other men, while he has the +testimony of Plato to pride himself on. For, as you know, Socrates is +introduced in almost the last page of the Phaedrus speaking in these +words:--"At present, O Phaedrus, Isocrates is quite a young man; but +still I delight in telling the expectations which I have of him." +"What are they?" says he. "He appears to me to be a man of too lofty +a genius to be compared to Lysias and his orations: besides, he has a +greater natural disposition for virtue; so that it will not be at all +strange if, when he has advanced in age, he will either surpass all +his contemporaries who turn their attention to eloquence, and in this +kind of oratory, to the study of which he is at present devoted, as if +they were only boys; or, if he is not content with such a victory, he +will then feel some sort of divine inspiration prompting him to desire +greater things. For there is a deep philosophy implanted by nature +in this man's mind." This was the augury which Socrates forms of him +while a young man. But Plato writes it of him when he has become an +old man, and when he is his contemporary, and a sort of attacker of +all the rhetoricians. And Isocrates is the only one whom he admires. +And let those men who are not fond of Isocrates allow me to remain in +error in the company of Socrates and Plato. + +That then is a delightful kind of oratory, free, fluent, shrewd in +its sentiments, sweet sounding in its periods, which is found in that +demonstrative kind of speaking which we have mentioned. It is the +peculiar style of sophists; more suitable for display than for actual +contest; appropriate to schools and exhibitions; but despised in and +driven from the forum. But because eloquence is first of all trained +by this sort of food, and afterwards gives itself a proper colour and +strength, it appeared not foreign to our subject to speak of what is +as it were the cradle of an orator. However, all this belongs to the +schools, and to display: let us now descend into the battle-field and +to the actual struggle. + +XIV. As there are three things which the orator has to consider; what +he is saying; and in what place, and in what manner he is saying each +separate thing; it seems on all accounts desirable to explain what is +best as to each separate subject, though in rather a different +manner from that in which it is usually explained in laying down the +principles of the science. We will give no regular rules, (for that +task we have not undertaken,) but we will present an outline and +sketch of perfect eloquence; nor will we occupy ourselves in +explaining by what means it is acquired, but only what sort of thing +it appears to us to be. + +And let us discuss the two first divisions very briefly. For it is +not so much that they have not an important reference to the highest +perfection, as that they are indispensable, and almost common to +other studies also. For to plan and decide on what you will say are +important points, and are as it were the mind in the body; still they +are parts of prudence rather than of eloquence; and yet what matter is +there in which prudence is not necessary? This orator, then, whom we +wish to describe as a perfect one, must know all the topics suited to +arguments and reasons of this class. For since whatever can possibly +be the subject of any contest or controversy, gives rise to the +inquiry whether it exists, and what it is, and what sort of thing it +is; while we endeavour to ascertain whether it exists, by tokens; what +it is, by definitions; what sort of thing it is, by divisions of right +and wrong; and in order to be able to avail himself of these topics +the orator,--I do not mean any ordinary one, but the excellent one +whom I am endeavouring to depict,--always, if he can, diverts the +controversy from any individual person or occasion. For it is in his +power to argue on wider grounds concerning a genus than concerning +a part; as, whatever is proved in the universal, must inevitably be +proved with respect to a part. This inquiry, then, when diverted from +individual persons and occasions to a discussion of a universal genus, +is called a thesis. This is what Aristotle trained young men in, not +after the fashion of ordinary philosophers, by subtle dissertations, +but in the way of rhetoricians, making them argue on each side, +in order that it might be discussed with more elegance and more +copiousness; and he also gave them topics (for that is what he called +them) as heads of arguments, from which every sort of oration might be +applied to either side of the question. + +XV. This orator of ours then (for what we are looking for is not some +declaimer out of a school, or some pettifogger from the forum, but a +most accomplished and perfect orator), since certain topics are given +to him, will run through all of them; he will use those which are +suitable to his purpose according to their class; he will learn also +from what source those topics proceed which are called common. Nor +will he make an imprudent use of his resources, but he will weigh +everything, and make a selection. For the same arguments have not +equal weight at all times, or in all causes. He will, therefore, +exercise his judgment, and he will not only devise what he is to say, +but he will also weigh its force. For there is nothing more fertile +than genius, especially of the sort which has been cultivated by +study. But as fertile and productive corn-fields bear not only corn, +but weeds which are most unfriendly to corn, so sometimes from those +topics there are produced arguments which are either trifling, or +foreign to the subject, or useless; and the judgment of the orator has +great room to exert itself in making a selection from them. Otherwise +how will he be able to stop and make his stand on those arguments +which are good and suited to his purpose? or how to soften what is +harsh, and to conceal what cannot be denied, and, if it be possible, +entirely to get rid of all such topics? or how will he be able to +lead men's minds away from the objects on which they are fixed, or +to adduce any other argument which, when opposed to that of his +adversaries, may be more probable than that which is brought against +him? + +And with what diligence will he marshal the arguments with which he +has provided himself? since that is the second of his three objects. +He will make all the vestibule, if I may so say, and the approach to +his cause brilliant; and when he has got possession of the minds of +his hearers by his first onset, he will then invalidate and exclude +all contrary arguments; and of his own strongest arguments some he +will place in the van, some he will employ to bring up the rear, and +the weaker ones he will place in the centre. + +And thus we have described in a brief and summary manner what this +perfect orator should be like in the two first parts of speaking. But, +as has been said before, in these parts, (although they are weighty +and important,) there is less skill and labour than in the others. + +XVI. But when he has found out what to say, and in what place he is to +say it, then comes that which is by far the most important division of +the three, the consideration of the manner in which he is to say it. +For that is a well-known saying which our friend Carneades used to +repeat:--"That Clitomachus said the same things, but that Charmadas +said the same things in the same manner." But if it is of so much +consequence in philosophy even, how you say a thing, when it is the +matter which is looked at there rather than the language, what can we +think must be the case in causes in which the elocution is all in all? +And I, O Brutus, knew from your letters that you do not ask what sort +of artist I think a consummate orator ought to be, as far as devising +and arranging his arguments; but you appeared to me to be asking +rather what kind of eloquence I considered the best. A very difficult +matter, and, indeed, by the immortal gods! the most difficult of all +matters. For as language is a thing soft and tender, and so flexible +that it follows wherever you turn it, so also the various natures +and inclinations of men have given rise to very different kinds of +speaking. + +Some men love a stream of words and great volubility, placing all +eloquence in rapidity of speech. Others are fond of distinct and +broadly marked intervals, and delays, and taking of breath. What can +be more different? Yet in each kind there is something excellent. +Some labour to attain a gentle and equable style, and a pure and +transparent kind of eloquence; others aim at a certain harshness and +severity in their language, a sort of melancholy in their speech: +and as we have just before divided men, so that some wish to appear +weighty, some light, some moderate, so there are as many different +kinds of orators as we have already said that there are styles of +oratory. + +XVII. And since I have now begun to perform this duty in a more ample +manner than you did require it of me, (for though the question which +you put to me has reference only to the kind of oration, I have +also in my answer given you a brief account of the invention and +arrangement of arguments,) even now I will not speak solely of the +manner of making a speech, but I will touch also on the manner of +conducting an action. And so no part whatever will be omitted: since +nothing need be said in this place of memory, for that is common to +many arts. + +But the way in which it is said depends on two things,--on action +and on elocution. For action is a sort of eloquence of the body, +consisting as it does of voice and motion. Now there are as many +changes of voice as there are of minds, which are above all things +influenced by the voice. Therefore, that perfect orator which our +oration has just been describing, will employ a certain tone of voice +regulated by the way in which he wishes to appear affected himself, +and by the manner also in which he desires the mind of his hearer to +be influenced. And concerning this I would say more if this was the +proper time for laying down rules concerning it, or if this was what +you were inquiring about. I would speak also of gesture, with which +expression of countenance is combined. And it is hardly possible to +express of what importance these things are, and what use the orator +makes of them. For even people without speaking, by the mere dignity +of their action, have often produced all the effect of eloquence; and +many really eloquent men, by their ungainly delivery have been thought +ineloquent. So that it was not without reason that Demosthenes +attributed the first, and second, and third rank to action. For if +eloquence without action is nothing, but action without eloquence is +of such great power, then certainly it is the most important part of +speaking. + +XVIII. He, then, who aims at the highest rank in eloquence, will +endeavour with his voice on the stretch to speak energetically; with +a low voice, gently, with a sustained voice, gravely, and with a +modulated voice, in a manner calculated to excite compassion. + +For the nature of the voice is something marvellous, for all its great +power is derived from three sounds only, the grave sound, the sharp +sound, and the moderate sound, and from these comes all that sweet +variety which is brought to perfection in songs. But there is also +in speaking a sort of concealed singing, not like the peroration of +rhetoricians from Phrygia or Caria, which is nearly a chant, but that +sort which Demosthenes and Aeschines mean when the one reproaches the +other with the affected modulation of his voice. Demosthenes says even +more, and often declares that Aeschines had a very sweet and clear +voice. And in this that point appears to me worth noting, with +reference to the study of aiming at sweetness in the voice. For nature +of herself, as if she were modulating the voices of men, has placed +in every one one acute tone, and not more than one, and that not more +than two syllables back from the last, so that industry may be guided +by nature when pursuing the object of delighting the ears. A good +voice also is a thing to be desired, for it is not naturally implanted +in us, but practice and use give it to us. Therefore, the consummate +orator will vary and change his voice, and sometimes straining it, +sometimes lowering it, he will go through every degree of tone. + +And he will use action in such a way that there shall be nothing +superfluous in his gestures. His attitude will be erect and lofty, the +motion of the feet rare, and very moderate, he will only move across +the tribune in a very moderate manner, and even then rarely, there +will be no bending of the neck, no clenching of the fingers, no rise +or fall of the fingers in regular time, he will rather sway his whole +body gently, and employ a manly inclination of his side, throwing out +his arm in the energetic parts of his speech, and drawing it back in +the moderate ones. As to his countenance, which is of the greatest +influence possible next to the voice, what dignity and what beauty +will be derived from its expression! And when you have accomplished +this, then the eyes too must be kept under strict command, that there +may not appear to be anything unsuitable, or like grimace. For as the +countenance is the image of the mind, so are the eyes the informers as +to what is going on within it. And their hilarity or sadness will be +regulated by the circumstances which are under discussion. + +XIX. But now we must give the likeness of this perfect orator and of +this consummate eloquence, and his very name points out that he excels +in this one particular, that is to say, in oratory and that other +eminent qualities are kept out of sight in him. For it is not by his +invention, or by his power of arrangement, or by his action, that +he has embraced all these points, but in Greek he is called [Greek: +raetor], and in Latin "eloquent," from speaking. For every one claims +for himself some share in the other accomplishments which belong to an +orator, but the greatest power in speaking is allowed to be his alone. +For although some philosophers have spoken with elegance, (since +Theophrastus[60] derived his name from his divine skill in speaking, +and Aristotle attacked Isocrates himself, and they say that the Muses +as it were spoke by the mouth of Xenophon; and far above all men who +have ever written or spoken, Plato is preeminent both for sweetness +and dignity,) still their language has neither the vigour nor the +sting of an orator or a forensic speaker. They are conversing with +learned men whose minds they wish to tranquillize rather than to +excite, and so they speak on peaceful subjects which have no connexion +with any violence, and for the sake of teaching, not of charming, so +that even in the fact of their aiming at giving some pleasure by their +diction, they appear to some people to be doing more than is necessary +for them to do. + +It is not difficult, therefore, to distinguish between this kind of +speaking and the eloquence which we are now treating of. For the +address of philosophers is gentle, and fond of retirement, and not +furnished with popular ideas or popular expressions, not fettered by +any particular rhythm, but allowed a good deal of liberty. It has +in it nothing angry, nothing envious, nothing energetic, nothing +marvellous, nothing cunning, it is as it were a chaste, modest, +uncontaminated virgin. Therefore it is called a discourse rather than +an oration. For although every kind of speaking is an oration, still +the language of the orator alone is distinguished by this name as its +own property. + +It appears more necessary to distinguish between it and the copy of +it by the sophists, who wish to gather all the same flowers which the +orator employs in his causes. But they differ from him in this that, +as their object is not to disturb men's minds, but rather to appease +them, and not so much to persuade as to delight, and as they do it +more openly than we do and more frequently, they seek ideas which are +neat rather than probable, they often wander from the subject, they +weave fables into their speeches, they openly borrow terms from other +subjects, and arrange them as painters do a variety of colours, they +put like things by the side of like, opposite things by the side of +their contraries, and very often they terminate period after period in +similar manners. + +XX. Now history is akin to this side of writing, in which the authors +relate with elegance, and often describe a legion, or a battle, +and also addresses and exhortations are intermingled, but in them +something connected and fluent is required, and not this compressed +and vehement sort of speaking. And the eloquence which we are looking +for must be distinguished from theirs nearly as much as it must from +that of the poets. + +For even the poets have given room for the question, what the point +is in which they differ from the orators, formerly it appeared to be +chiefly rhythm and versification, but of late rhythm has got a great +footing among the orators. For whatever it is which offers the ears +any regular measure, even if it be ever so far removed from verse, +(for that is a fault in an oration,) is called "number" by us, +being the same thing that in Greek is called [Greek: ruthmos]. And, +accordingly, I see that some men have thought that the language of +Plato and Democritus, although it is not verse, still, because it +is borne along with some impetuosity and employs the most brilliant +illustration that words can give, ought to be considered as poetry +rather than the works of the comic poets, in which, except that they +are written in verse, there is nothing else which is different from +ordinary conversation. Nor is that the principal characteristic of +a poet, although he is the more to be praised for aiming at the +excellences of an orator, when he is more fettered by verse. But, +although the language of some poets is grand and ornamented, still +I think that they have greater licence than we have in making +and combining words, and I think too that they often, in their +expressions, pay more attention to the object of giving pleasure to +their leaders than to their subject. Nor, indeed, does the fact of +there being one point of resemblance between them, (I mean judgment +and the selection of words,) make it difficult to perceive their +dissimilarity on other points. But that is not doubtful, and if there +be any question in the matter, still this is certainly not necessary +for the object which is proposed to be kept in view. + +The orator, therefore, now that he has been separated from the +eloquence of philosophers, and sophists, and historians, and poets, +requires an explanation from us to show what sort of person he is to +be + +XXI. The eloquent orator, then, (for that is what, according to +Antonius, we are looking for) is a man who speaks in the forum and +in civil causes in such a manner as to prove, to delight, and to +persuade. To prove, is necessary for him; to delight, is a proof of +his sweetness, to persuade, is a token of victory. For that alone of +all results is of the greatest weight towards gaining causes. But +there are as many kinds of speaking as there are separate duties of an +orator. The orator, therefore, ought to be a man of great judgment and +of great ability, and he ought to be a regulator, as it were, of this +threefold variety of duty. For he will judge what is necessary for +every one, and he will be able to speak in whatever manner the cause +requires. But the foundation of eloquence, as of all other things, is +wisdom. For as in life, so in a speech, nothing is more difficult than +to see what is becoming. The Greeks call this [Greek: prepon], we call +it "decorum." But concerning this point many admirable rules are laid +down, and the matter is well worth being understood. And it is owing +to ignorance respecting it that men make blunders not only in life, +but very often in poems, and in speeches. + +But the orator must consider what is becoming not only in his +sentences, but also in his words. For it is not every fortune, nor +every honour, nor every authority, nor every age, or place, or time, +nor every hearer who is to be dealt with by the same character of +expressions or sentiments. And at all times, in every part of a speech +or of life, we must consider what is becoming, and that depends partly +on the facts which are the subject under discussion, and also on the +characters of those who are the speakers and of those who are the +hearers. Therefore this topic, which is of very wide extent and +application, is often employed by philosophers in discussions on duty, +not when they are discussing abstract right, for that is but one thing +and the grammarians also too often employ it when criticising the +poets, to show their eloquence in every division and description of +cause. For how unseemly is it, when you are pleading before a single +judge about a gutter, to use high sounding expressions and general +topics, but to speak with a low voice and with subtle arguments in a +cause affecting the majesty of the Roman people. + +XXII. This applies to the whole genus. But some persons err as to +the character either of themselves, or of the judges, or of their +adversaries and not only in actual fact, but often in word. Although +there is no force in a word without a fact, still the same fact is +often either approved of, or rejected, according as this or that +expression is employed respecting it. And in every case it is +necessary to take care how far it may be right to go, for although +everything has its proper limit, still excess offends more than +falling short. And that is the point in which Apelles said that those +painters made a blunder, who did not know what was enough. + +There is here, O Brutus, an important topic, which does not escape +your notice, and which requires another large volume. But for the +present question this is enough, when we say that this is becoming, +(an expression which we always employ in all words and actions, both +great and small)--when, I say, we say that this is becoming and +that that is not becoming, and when it appears to what extent each +assertion is meant to be applicable, and when it depends on something +else, and is quite another matter whether you say that a thing is +becoming or proper, (for to say a thing is proper, declares the +perfection of duty, which we and all men are at all times to regard +to say a thing is becoming, as to say that it is fit as it were, and +suitable to the time and person: which is often very important both +in actions and words, and in a person's countenance and gestures +and gait;)--and, on the other hand, when we say that a thing is +unbecoming, (and if a poet avoids this as the greatest of faults, [and +he also errs if he puts an honest sentiment in the mouth of a wicked +man, or a wise one in the mouth of a fool,] or if that painter saw +that, when Calchas was sad at the sacrifice of Iphigenia, and Ulysses +still more so, and Menelaus in mourning, that Agamemnon's head +required to be veiled altogether, since it was quite impossible to +represent such grief as his with a paint brush; if even the actor +inquires what is becoming, what must we think that the orator ought to +do?) But as this is a matter of so much importance, the orator must +take care what he does in his causes, and in the different parts of +them; that is plain, that not only the different parts of an oration, +but that even whole causes are to be dealt with in different styles of +oratory. + +XXIII. It follows that the characteristics and forms of each class +must be sought for. It is a great and difficult task, as we have often +said before; but it was necessary for us to consider at the beginning +what we would discuss; and now we must set our sails in whatever +course we are borne on. But first of all we must give a sketch of the +man whom some consider the only orator of the Attic style. + +He is a gentle, moderate man, imitating the usual customs, differing +from those who are not eloquent in fact rather than in any of his +opinions. Therefore those who are his hearers, even though they +themselves have no skill in speaking, still feel confident that they +could speak in that manner. For the subtlety of his address appears +easy of imitation to a person who ventures on an opinion, but nothing +is less easy when he comes to try it; for although it is not a style +of any extraordinary vigour, still it has some juice, so that even +though it is not endowed with the most extreme power, it is still, if +I may use such an expression, in perfect health. First of all, then, +let us release it from the fetters of rhythm. For there is, as you +know, a certain rhythm to be observed by an orator, (and of that we +will speak presently,) proceeding on a regular system; but though it +must be attended to in another kind of oratory, it must be entirely +abandoned in this. This must be a sort of easy style, and yet not +utterly without rules, so that it may seem to range at freedom, not to +wander about licentiously. He should also guard against appearing to +cement his words together; for the hiatus formed by a concourse +of open vowels has something soft about it, and indicates a not +unpleasing negligence, as if the speaker were anxious more about the +matter than the manner of his speech. But as to other points, he must +take care, especially as he is allowed more licence in these two,--I +mean the rounding of his periods, and the combination of his words; +for those narrow and minute details are not to be dealt with +carelessly. But there is such a thing as a careful negligence; for as +some women are said to be unadorned to whom that very want of ornament +is becoming, so this refined sort of oratory is delightful even when +unadorned. For in each case a result is produced that the thing +appears more beautiful, though the cause is not apparent. Then every +conspicuous ornament will be removed, even pearls; even curling-irons +will be put away; and all medicaments of paint and chalk, all +artificial red and white, will be discarded; only elegance and +neatness will remain. The language will be pure and Latin; it will be +arranged plainly and clearly, and great care will be taken to see what +is becoming. + +XXIV. One quality will be present, which Theophrastus calls the fourth +in his praises of oratory;--full of ornament, sweetness, and fluency. +Clever sentiments, extracted from I know not what secret store, will +be brought out, and will exert their power in the speeches of this +perfect orator. There will be a moderate use of what I may call +oratorical furniture; for there is to a certain degree what I may call +our furniture, consisting of ornaments partly of things and partly of +words. But the ornaments consisting of words are twofold: one kind +consisting of words by themselves, the other consisting of them in +combination. The simple embellishment is approved of in the case of +proper and commonly employed words, which either sound very well, +or else are very explanatory of the subject; in words which do not +naturally belong to the subject,--it is either metaphorical, or +borrowed from some other quarter; or else it is derived from the +subject, whether it is a new term, or an old one grown obsolete; but +even old and almost obsolete terms may be proper ones, only that we +seldom employ them. But words when well arranged have great ornament +if they give any neatness, which does not remain if the words are +altered while the sense remains. For the embellishments of sentiments +which remain, even if you alter the language in which they are +expressed, are many, but still there are but few of them which are +worth remarking. + +Therefore a simple orator, provided he is elegant and not bold in the +matter of making words, and modest in his metaphors, and sparing in +his use of obsolete terms, and humble in the rest of his ornaments of +words and sentences, will perhaps indulge in a tolerably frequent use +of that kind of metaphor which is common in the ordinary conversation, +not only of city people, but even of rustics; since they too are in +the habit of saying, "that the vines sparkle with jewels," "that the +fields are thirsty," "that the corn-fields are rejoicing," "that the +crops are luxuriant." Now there is not one of these expressions which +is not somewhat bold; but the thing is either like that which you use +metaphorically; or else, if it has no name of its own, the expression +which you use appears to have been borrowed for the sake of teaching, +not of jesting. And this quiet sort of orator will use this ornament +with rather more freedom than the rest; and yet he will not do it with +as much licence as if he were practising the loftiest kind of oratory. + +XXV. Therefore that unbecomingness (and what that is may be understood +from the definition we have given of what is becoming) is visible here +also, when some sublime expression is used metaphorically, and is used +in a lowly style of oration, though it might have been becoming in +a different one. But the neatness which I have spoken of, which +illuminates the arrangement of language by these lights which the +Greeks, as if they were some gestures of the speech, call [Greek: +schaemata], (and the same word is applied by them also to the +embellishments of sentences,) is employed by the refined orator (whom +some men call the Attic orator, and rightly too, if they did not mean +that he was the only one) but sparingly. For, as in the preparation of +a feast, a man while on his guard against magnificence, is desirous to +be thought not only economical but also elegant, he will choose what +is best for him to use. For there are many kinds of economy suited to +this very orator of whom I am speaking; for the ornaments which I have +previously been mentioning are to be avoided by this acute orator,--I +mean the comparing like with like, and the similarly sounding and +equally measured ends of sentences, and graces hunted out as it were +by the alteration of a letter; so that it may not be visible that +neatness has been especially aimed at, and so that the orator may not +be detected in having been hunting for means of pleasing the ears of +his audience. + +Again, if repetitions of the same expressions require a sort of +vehemence and loudness of voice, they will then be unsuited to the +simple style of oratory. The orator may use other embellishments +promiscuously; only let him relax and separate the connexion of the +words, and use as ordinary expressions as possible, and as gentle +metaphors. Let him even avail himself of those lights of sentiments, +as long as they are not too brilliant. He will not make the republic +speak; nor will he raise the dead from the shades below; nor will he +collect together a number of particulars in one heap, and so fold them +in one embrace. Such deeds belong to more vigorous beings, nor are +they to be expected or required from this man of whom we are giving a +sketch; for he will be too moderate not only in his voice, but also +in his style. But there are many embellishments which will suit his +simple style, although he will use even them in a strict manner; for +that is his character. + +He will have besides this, action, not tragic, nor suited to the +stage, but he will move his body in a moderate degree, trusting a +great deal to his countenance; not in such a way as people call making +faces but in a manner sufficient to show in a gentlemanlike manner in +what sense he means what he is saying to be understood. + +XXVI. Now in this kind of speech sallies of wit are admissible, and +they carry perhaps only too much weight in an oration. Of them there +are two kinds,--facetiousness and raillery,--and the orator will +employ both; but he will use the one in relating anything neatly, and +the other in darting ridicule on his adversaries. And of this latter +kind there are more descriptions than one; however, it is a different +thing that we are discussing now. Nevertheless we may give this +warning,--that the orator ought to use ridicule in such a way as +neither to indulge in it too often, that it may not seem like +buffoonery; nor in a covertly obscure manner, that it may not seem +like the wit of a comedian; nor in a petulant manner, lest it should +seem spiteful; nor should he ridicule calamity, lest that should seem +inhuman; nor crime, lest laughter should usurp the place which hatred +ought to occupy; nor should he employ this weapon when unsuitable to +his own character, or to that of the judges, or to the time; for all +such conduct would come under the head of unbecoming. + +The orator must also avoid using jests ready prepared, such as do not +arise out of the occasion, but are brought from home; for they are +usually frigid. And he must spare friendships and dignities. He will +avoid such insults as are not to be healed; he will only aim at his +adversaries, and not even always at them, nor at all of them, nor in +every manner. And with these exceptions, he will employ his sallies of +wit and his facetiousness in such a manner as I have never found any +one of those men do who consider themselves Attic speakers, though +there is nothing more Attic than that practice. + +This is the sketch which I conceive to be that of a plain orator, but +still of a great one, and one of a genius very kindred to the Attic; +since whatever is witty or pleasant in a speech is peculiar to the +Attics. Not, however, that all of them are facetious: Lysias is said +to be tolerably so, and Hyperides; Demades is so above all others. +Demosthenes is considered less so, though nothing appears to me to be +more well-bred than he is; but he was not so much given to raillery as +to facetiousness. And the former is the quality of a more impetuous +disposition; the latter betokens a more refined art. + +XXVII. There is another style more fertile, and somewhat more +forcible than this simple style of which we have been speaking; but +nevertheless tamer than the highest class of oratory, of which I shall +speak immediately. In this kind there is but little vigour, but there +is the greatest possible quantity of sweetness; for it is fuller +than the plain style, but more plain than that other which is highly +ornamented and copious. + +Every kind of ornament in speaking is suitable to this style; and in +this kind of oratory there is a great deal of sweetness. It is a style +in which many men among the Greeks have been eminent; but Demetrius +Phalereus, in my opinion, has surpassed all the rest; and while his +oratory proceeds in calm and tranquil flow, it receives brilliancy +from numerous metaphors and borrowed expressions, like stars. + +I call them metaphors, as I often do, which, on account of their +similarity to some other idea, are introduced into a speech for +the sake of sweetness, or to supply a deficiency in a language. By +borrowed expressions I mean those in which, for the proper word, +another is substituted which has the same sense, and which is derived +from some subsequent fact. And though this too is a metaphorical +usage; still Ennius employed it in one manner when he said, "You are +orphaning the citadel and the city;" and he would have used it in a +different manner if he had used the word "citadel," meaning "country." +Again, when he says that "horrid Africa trembles with a terrible +tumult," he uses "Africa" for "Africans." The rhetoricians call this +"hypallage," because one word as it were is substituted for another. +The grammarians call it "metonymia," because names are transferred. +But Aristotle classes them all under metaphor, and so he does the +misuse of terms which they call [Greek: katachraesis]. As when we call +a mind "minute" instead of "little," and misuse words which are near +to others in sense; if there is any necessity for so doing, or any +pleasure, or any particular becomingness in doing so. When many +metaphors succeed one another uninterruptedly the sort of oration +becomes entirely changed. Therefore the Greeks call it [Greek: +allaegoria], rightly as to name; but as to its class he speaks +more accurately who calls all such usages metaphors. Phalereus is +particularly fond of these usages, and they are very agreeable; and +although there is a great deal of metaphor in his speaking, yet there +is no one who makes a more frequent use of the metonymia. + +The same kind of oratory, (I am speaking of the moderate and temperate +kind), admits of all sorts of figures of expressions, and of many also +of ideas. Discussions of wide application and extensive learning +are explained in it, and common topics are treated without any +impetuosity. In a word, orators of this class usually come from the +schools of philosophers, and unless the more vigorous orator, whom I +am going to speak of presently, is at hand to be compared with them, +the one whom I am now describing will be approved of. For there is +a remarkable and flowery and highly-coloured and polished style of +oratory, in which every possible elegance of expression and idea is +connected together. And it is from the fountain of the sophist that +all this has flowed into the forum; but still, being despised by the +subtle arguers, and rejected by dignified speakers, it has taken its +place in the moderate kind of oratory of which I am speaking. + +XXVIII. The third kind of orator is the sublime, copious, dignified, +ornate speaker, in whom there is the greatest amount of grace. For he +it is, out of admiration for whose ornamented style and copiousness of +language nations have allowed eloquence to obtain so much influence +in states; but it was only this eloquence, which is borne along in an +impetuous course, and with a mighty noise, which all men looked up +to, and admired, and had no idea that they themselves could possibly +attain to. It belongs to this eloquence to deal with men's minds, and +to influence them in every imaginable way. This is the style which +sometimes forces its way into and sometimes steals into the senses; +which implants new opinions in men, and eradicates others which have +been long established. But there is a vast difference between this +kind of orator and the preceding ones. A man who has laboured at the +subtle and acute style, in order to be able to speak cunningly and +cleverly, and who has had no higher aim, if he has entirely attained +his object, is a great orator, if not a very great one; he is far from +standing on slippery ground, and if he once gets a firm footing, is +in no danger of falling. But the middle kind of orator, whom I have +called moderate and temperate, if he has only arranged all his own +forces to his satisfaction, will have no fear of any doubtful or +uncertain chances of oratory; and even if at any time he should not be +completely successful, which may often be the case, still he will be +in no great danger, for he cannot fall far. But this orator of ours, +whom we consider the first of orators, dignified, vehement, and +earnest, if this is the only thing for which he appears born, or if +this is the only kind of oratory to which he applies himself, and if +he does not combine his copiousness of diction with those other two +kinds of oratory, is very much to be despised. For the one who speaks +simply, inasmuch as he speaks with shrewdness and sense, is a wise +man; the one who employs the middle style is agreeable; but this +most copious speaker, if he is nothing else, appears scarcely in his +senses. For a man who can say nothing with calmness, nothing with +gentleness; who seems ignorant of all arrangement and definition and +distinctness, and regardless of wit, especially when some of his +causes require to be treated in that matter entirely, and others in a +great degree; if he does not prepare the ears of his hearers before he +begins to work up the case in an inflammatory style, he seems like a +madman among people in their senses, or like a drunken man among sober +men. + +XXIX. We have then now, O Brutus, the orator whom we are looking for; +but only in our mind's eye. For if I had had hold of him in my hand, +even he himself, with all his eloquence, should never have persuaded +me to let him go. But, in truth, that eloquent man whom Antonius never +saw is now discovered. Who then is he? I will define him in a few +words, and then describe him at length. For he is an eloquent man who +can speak of low things acutely, and of great things with dignity, and +of moderate things with temper. + +Such a man you will say there never was. Perhaps there never was; for +I am only discussing what I wish to see, and not what I have seen. +And I come back to that sketch and idea of Plato's which I mentioned +before; and although we do not see it, yet we can comprehend it in +our mind. For I am not looking for an eloquent man, or for any other +mortal or transitory thing; but for that particular quality which +whoever is master of is an eloquent man; and that is nothing but +abstract eloquence, which we are not able to discern with any eyes +except those of the mind. He then will be an eloquent man, (to repeat +my former definition,) who can speak of small things in a lowly +manner, of moderate things in a temperate manner, and of great things +with dignity. The whole of the cause in which I spoke for Caecina +related to the language or an interdict: we explained some very +involved matters by definitions; we praised the civil law; we +distinguished between words of doubtful meaning. In a discussion on +the Manilian law it was requisite to praise Pompey; and accordingly, +in a temperate speech, we arrived at a copiousness of ornament. The +whole question, of the rights of the people was contained in the +cause of Rabinius; and accordingly we indulged in every conceivable +amplification. But these styles require at times to be regulated and +restrained. What kind of argument is there which is not found in my +five books of impeachment of Verres? or in my speech for Avitus? or in +that for Cornelius? or in the other numerous speeches in defence of +different men? I would give instances, if I did not believe them to +be well known, and that those who wanted them could select them for +themselves; for there is no effort of an orator of any kind, of which +there is not in our speeches, if not a perfect example, at least some +attempt at and sketch of. If we cannot arrive at perfection, at all +events we see what is becoming. + +Nor are we at present speaking of ourselves, but of eloquence, in +which we are so far from having a high opinion of our own proficiency, +that we are so hard to please and exacting, that even Demosthenes +himself does not satisfy us. For he, although he is eminent above all +men in every description of oratory, still he does not always satisfy +my ears; so greedy and capacious are they, and so unceasingly desiring +something vast and infinite. + +XXX. But still, since you became thoroughly well acquainted with this +orator, in company with his devoted admirer Pammenes, when you were +at Athens, and as you never put him down out of your hands, though, +nevertheless, you are often reading my works, you see forsooth that he +accomplishes many things, and that we attempt many things;--that he +has the power, we the will to speak in whatever manner the cause +requires. But he was a great man, for he came after great men, and he +had consummate orators for his contemporaries. We should have done a +great deal if we had been able to arrive at the goal which we proposed +to ourselves in a city in which, as Antonius says, no eloquent man had +been ever heard before. But, if Crassus did not appear to Antonius to +be eloquent, or if he did not think he was so himself, certainly Cotta +would never have seemed so to him, nor Sulpicius, nor Hortensius. +For Cotta never said anything sublime, Sulpicius never said anything +gently, Hortensius seldom spoke with dignity. Those former men were +much more suited to every style; I mean Crassus and Antonius. We feel, +therefore, that the ears of the city were not much accustomed to this +varied kind of eloquence, and to an oratory so equally divided +among all sorts of styles. And we, such as we were, and however +insignificant were our attempts, were the first people to turn the +exceeding fondness of the people for listening to this kind of +eloquence. + +What an outcry was there when, as quite a young man I uttered that +sentence about the punishment of parricides! and even a long time +afterwards we found that it had scarcely entirely worn off. "For what +is so common, as breath to living people, the earth to the dead, the +sea to people tossed about by the waves, or the shore to shipwrecked +mariners?--they live while they are let live, in such a way as to be +unable to breathe the air of heaven; they die so that their bones do +not touch the earth; they are tossed about by the waves without ever +being washed by them; and at last they are cast up by them in such a +manner, that when dead they are not allowed a resting-place even on +the rocks." And so on. For all this is the language of a young man, +extolled not on account of any real merit or maturity of judgment, as +for the hopes and expectations which he gave grounds for. From the +same turn of mind came that more polished invective,--"the wife of +her son-in-law; the mother-in-law of her son, the invader of her +daughter's bed." Not, however, that this ardour was always visible +in us, so as to make us say everything in this manner. For that very +juvenile exuberance of speech in defence of Roscius has many weak +passages in it, and some merry ones, such as also occur in the speech +for Avitus, for Cornelius, and many others. For no orator has ever, +even in the Greek language, written as many speeches as I have. And my +speeches have the variety which I so much approve of. + +XXXI. Should I permit Homer, and Ennius, and the rest of the poets, +and especially the tragic poets, to forbear displaying the same +vehemence on every occasion, and constantly to change their language, +and sometimes even to come near to the ordinary language of daily +conversation; and never myself descend from that fierce style of +vehement expression? But why do I cite poets of godlike genius? We +have seen actors, than whom nothing could be more admirable of their +kind, who have not only given great satisfaction in the representation +of the most different characters, and also in their own, but we have +seen even a comedian gain great applause in tragedies, and a tragedian +in comedies;--and shall not I attempt the same thing? When I say I, O +Brutus, I mean you also; for, as for myself, all that can be done has +been done. But will you plead every cause in the same manner, or are +there some kind of causes which you will reject? or will you employ +the same uninterrupted vehemence in the same causes without any +alteration? + +Demosthenes, indeed, whose bust of brass I lately saw between the +images of yourself and your ancestors, (a proof, I suppose, of your +fondness for him,) when I was with you at your Tusculan villa, does +not yield at all to Lysias in acuteness, nor in shrewdness and +cleverness to Hyperides, nor in gentleness or brilliancy of language +to Aeschines. Many of his orations are very closely argued, as +that against Leptines; many are wholly dignified, as some of the +Philippics; many are of varied style, as those against Aeschines, +the one about the false embassy, and the one also, against the same +Aeschines in the cause of Ctesiphon. As often as he pleases he adopts +the middle style, and, departing from his dignified tone, he indulges +in that lower one. But when he raises the greatest outcry on the part +of his hearers, and makes the greatest impression by his speech, is +when he employs the topics of dignity. + +However, let us leave Demosthenes for awhile, since it is a class that +we are inquiring about, and not an individual. Let us rather explain +the effect and nature of the thing; that is, of Eloquence. And let +us recollect what we have just said, that we are not going to say +anything for the sake of giving rules; but that we are going to speak +so as to be thought people expressing an opinion rather than teaching. +Though we often do advance further, because we see that you are not +the only person who will read this; you who, in fact, know all this +much better than we ourselves who appear to be teaching you; but it is +quite certain that this book will be extensively known, if not from +the recommendation which its being my work will give it, at all +events, because of its appearing under the sanction of your name, by +being dedicated to you. + + +XXXII. I think, then, that it belongs to a perfectly eloquent man, not +only to have the ability, which is his peculiar province, of speaking +copiously and with the assertion of large principles, but also to +possess its neighbouring and contiguous science of dialectics: +although an oration appears one thing and a discussion another; nor is +talking the same thing as speaking; though each belongs to discussing. +Let then the system of discussing and talking belong to the logicians; +but let the province of the orators be to speak and to embellish their +speeches. Zeno, that great man, who founded the school of the Stoics, +was in the habit of showing with his hand what was the difference +between these arts; for when he had compressed his fingers and made a +fist, he said that dialectics were like that; but when he had opened +his fingers and expanded his hand, he said that eloquence was like +his open palm. And even before him Aristotle, in the beginning of +his Rhetoric, said, that the art of eloquence in one portion of it +corresponded to dialectics; so that they differ from one another in +this, that the system of speaking is more wide, that of talking more +contracted. I wish, then, that this consummate orator should be +acquainted with the entire system of talking, as far as it can be +applied to speaking; and that (as indeed you, who have a thorough +acquaintance with these arts, are well aware) has a twofold method of +teaching. For Aristotle himself has given many rules for arguing: +and those who followed him, and who are called dialecticians, have +delivered many very difficult rules. Therefore I think, that the man +who is tempted by the glory of eloquence, is not utterly ignorant +of those things; but that he has been brought up either in that old +school, or in the school of Chrysippus. Let him first acquaint himself +with the meaning and nature and classes of words, both single and +combined; then let him learn in how many ways each word is used; then +how it is decided, whether a thing is false or true; then what +results from each proposition; then to what argument each result is +a consequence, and to what it is contrary; and, as many things are +stated in an ambiguous manner, he must also learn how each of them +ought to be distinguished and explained. This is what must be acquired +by an orator; for those things are constantly occurring; but, because +they are in their own nature less attractive, it is desirable to +employ some brilliancy of eloquence in explaining them. + +XXXIII. And since in all things which are taught in any regular method +and system, it is first of all necessary to settle what each thing is, +(unless it is agreed by those who are discussing the point, what the +thing really is which is being discussed; nor otherwise is it possible +to discuss anything properly, or ever to get to the end of the +discussion,) we must often have recourse to words to explain our +meaning about each thing; and we must facilitate the understanding of +an involved and obscure matter by definition; since definition is a +kind of speech which points out in the most concise possible manner +what that is which is the subject of discussion. Then, as you know, +when the genus of each thing has been explained, we must consider what +are the figures or divisions of that genus, so that our whole speech +may be arranged with reference to them. + +This faculty, then, will exist in the eloquent man whom we are +endeavouring to describe, so that he shall be able to define a thing; +and shall do it in the same close and narrow terms which are commonly +employed in those very learned discussions; but he shall be more +explanatory and more copious, and he shall adopt his definition more +to the ordinary judgment and usual intelligence of mankind. And again, +when circumstances require it, he shall divide and arrange the whole +genus into certain species, so that none shall be omitted and none +be superfluous. But when he shall do this, or how, is nothing to +the present question; since, as I have said before, I am here only +expressing an opinion, not giving a lesson. + +Nor, indeed, must he be learned only in dialectics, but he must have +all the topics of philosophy familiar to him and at his fingers' ends. +For nothing respecting religion, or death, or affection, or love for +one's country, or good fortune, or bad fortune, or virtues, or vices, +or duty, or pain, or pleasure, or the different motions of the mind, +or mistakes, all which topics frequently occur in causes, but are +treated usually in a very meagre manner, can be discussed and +explained in a dignified and lofty and copious manner without that +knowledge which I have mentioned. + +XXXIV. I am speaking at present concerning the subject matter of a +speech, not about the kind of speaking requisite. For I would rather +that an orator should first have a subject to speak of worthy of +learned ears, before he considers in what words or in what manner he +is to speak of everything; and, in order to make him grander, and in +some sense loftier (as I have said above about Pericles,) I should +wish him not to be utterly ignorant of physical science; and then, +when he descends again from heavenly matters to human affairs, he will +have all his words and sentiments of a more sublime and magnificent +character: and while he is acquainted with those divine laws, I do not +wish him to be ignorant of those of men. He must be a master of civil +law, which forensic debates are in daily need of. For what is more +shameful than for a man to undertake the conduct of legal and civil +disputes, while ignorant of the statutes and of civil law? He must be +acquainted also with the history of past ages and the chronology of +old time, especially, indeed, as far as our own state is concerned; +but also he must know the history of despotic governments and of +illustrious monarchs; and that toil is made easier for us by the +labours of our friend Atticus, who has preserved and made known the +history of former times in such a way as to pass over nothing worth +knowing, and yet to comprise the annals of seven hundred years in one +book. For not to know what happened before one was born, is to be +a boy all one's life. For what is the life of a man unless by a +recollection of bygone transactions it is united to the times of +his predecessors? But the mention of antiquity and the citation of +examples give authority and credit to a speech, combined with the +greatest pleasure to the hearers. + +XXXV. Let him, therefore, come to his causes prepared in this kind of +way; and he will in the first place be acquainted with the different +kinds of causes. For he will be thoroughly aware that nothing can be +doubted except when either the fact or the language gives rise +to controversy. But the fact is doubted as to its truth, or its +propriety, or its name. Words give rise to dispute if they are +ambiguous or inconsistent. For it ever appears to be the case, that +one thing is meant and another expressed; then that is one kind of +ambiguity which arises from the words which are employed; and in this +we see that two things are meant, which is a property of all ambiguous +sentences. + +As there are not many different kinds of causes, so also the rules for +arguments to be used in them are few. Two kinds of topics are given +from which they may be derived; one from the circumstances themselves, +the others assumed. The handling, then, of the matters themselves +makes the speech better; for the matters themselves are usually easy +to be acquainted with. For what remains afterwards, which at least +belongs to art, except to begin the speech in such a manner that the +hearer may be conciliated, or have his attention roused, or may be +made eager to learn? then after that to explain with brevity, and +probability, and clearness, so that it may be understood what is the +question under discussion; to establish his own arguments; to overturn +those of the opposite party; and to do all that, not in an irregular +and confused manner, but with separate arguments, concluded in such +a manner, that everything may be established which is a natural +consequence of those principles which are assumed for the confirmation +of each point: and after everything else is done, then to wind up with +a peroration which shall inflame or cool the hearers, as the case may +require. + +Now, how the consummate orator handles each separate division of his +subject, it is hard to explain in this place; nor, indeed, are they +handled at all times in the same manner. But since I am not seeking a +pupil to teach, but a model to approve of, I will begin by praising +the man who sees what is becoming. For this is above all others the +wisdom which the eloquent man wants, namely--to be the regulator of +times and persons. For I do not think that a man ought to speak in the +same manner at all times, or before all people, or against every one, +or in defence of every one, or to every one. + +XXXVI. He, then, will be an eloquent man who can adapt his speech to +whatever is becoming. And when he has settled that point, then he +will say everything as it ought to be said; nor will he speak of rich +subjects in a meagre manner, nor of great subjects in a petty manner, +and vice versa; but his oration will be equal to, and corresponding +to, his subject; his exordium will be moderate, not inflamed with +exaggerated expressions, but acute in its sentiments, either in the +way of exciting his hearers against his adversary, or in recommending +himself to them. His relations of facts will be credible, explained +clearly, not in historical language, but nearly in the tone of every +day conversation. Then if his cause is but a slight one, so also +will the thread of his argument be slight, both in asserting and in +refuting. And it will be maintained in such a way, that there will be +just as much force added to the speech as is added to the subject. +But when a cause offers in which all the force of eloquence can be +displayed, then the orator will give himself a wider scope, then he +will influence and sway men's minds, and will move them just as he +pleases, that is to say, just as the nature of the cause and the +occasion requires. + +But all that admirable embellishment of his will be of a twofold +character; on account of which it is that eloquence gains such great +honour. For as every part of a speech ought to be admirable, so that +no word should be let drop by accident which is not either grave or +dignified; so also there are two parts of it which are especially +brilliant and lively: one of which I place in the question of the +universal genus, which (as I have said before) the Greeks call [Greek +Thesis]; the other is shown in amplifying and exaggerating matters, +and is called by the same people [Greek auxaesis]. And although that +ought to be spread equally over the whole body of the oration, still +it is most efficacious in dealing with common topics; which are called +common, because they appear to belong to many causes, but still ought +to be considered as peculiar to some individual ones. + +But that division of a speech which refers to the universal genus +often contains whole causes; for whatever that is on which there is, +as it were, a contest and dispute, which in Greek is called [Greek +krinomenon], that ought to be expressed in such a manner that it may +be transferred to the general inquiry and be spoken of the whole +genus; except when a doubt is raised about the truth; which is +often endeavoured to be ascertained by conjecture. But it shall be +discussed, not in the fashion of the Peripatetics (for it is a very +elegant exercise of theirs, to which they are habituated ever since +the time of Aristotle), but with rather more vigour; and common topics +will be applied to the subject in such a manner, that many things will +be said gently in behalf of accused persons, and harshly against the +adversaries. + +But in amplifying matters, and, on the other hand, in discarding them, +there is nothing which oratory cannot effect. And that must be done +amid the arguments, as often as any opportunity is afforded one, +of either amplifying or diminishing: and may be done to an almost +infinite extent in summing up. + +XXXVII. There are two things, which, when well handled by an orator, +make eloquence admirable. One of which is, that which the Greeks call +[Greek: haethikon], adapted to men's natures, and manners, and to +all their habits of life; the other is, that which they call [Greek: +pathaetikon], by which men's minds are agitated and excited, which +is the especial province of oratory. The former one is courteous, +agreeable, suited to conciliate good-will; the latter is violent, +energetic, impetuous, by which causes are snatched out of the fire, +and when it is hurried on rapidly it cannot by any means be withstood. +And by the use of this kind of oratory we, who are but moderate +orators, or even less than that, but who have at all times displayed +great energy, have often driven our adversaries from every part of +their case. That most consummate orator, Hortensius, was unable to +reply to me, on behalf of one of his intimate friends; that most +audacious of men, Catiline, was dumb when impeached in the senate by +me. When Curio, the father, attempted in a private cause of grave +importance to reply to me, he suddenly sat down, and said, that he was +deprived of his memory by poison. Why need I speak of the topics used +to excite pity? which I have employed to the greater extent, because, +even if there were many of us employed in one cause, still all men at +all times yielded me the task of summing up; and it was owing not so +much to my ability as to my sensibility, that I appeared to excel so +much in that part. And those qualities of mine, of whatever sort they +are, and I am ashamed that they are not of a higher class, appear in +my speeches: although my books are without that energy, on account +of which those same speeches appear more excellent when they are +delivered than when they are read. + +XXXVIII. Nor is it by pity alone that it is desirable to move the +minds of the judges, (though we have been in the habit of using that +topic ourselves in so piteous a manner that we have even held an +infant child by the hand while summing up; and in another cause, when +a man of noble birth was on his trial, we lifted up his little son, +and filled the forum with wailing and lamentations;) but we must also +endeavour to cause the judge to be angry, to appease him to make him +feel ill-will, and favour, to move him to contempt or admiration, to +hatred or love, to inspire him with desire or disgust, with hope +or fear, with joy or pain; in all which variety the speeches of +prosecutors will supply instances of the sterner kinds, and my +speeches in defence will furnish examples of the softer ones. For +there is no means by which the mind of the hearer can be either +excited or softened, which has not been tried by me; I would say, +brought to perfection, if I thought it was the case; nor should I fear +the imputation of arrogance while speaking the truth. But, as I +have said before, it is not any particular force of genius, but an +exceeding energy of disposition which inflames me to such a degree +that I cannot restrain myself; nor would any one who listens to a +speech ever be inflamed, if the speech which reached his ears was not +itself a fiery one. + +I would use examples from my own works if you had not read them; I +would use them from the works of others, if I could find any; or +Greek examples, if it were becoming to do so. But there are very few +speeches of Crassus extant, and those are not forensic speeches. +There is nothing extant of Antonius's, nothing of Cotta's, nothing of +Sulpicius's. Hortensius spoke better than he wrote. But we must form +our own opinions as to the value of this energy which we are looking +for, since we have no instance to produce; or if we are still on the +look out for examples, we must take them from Demosthenes, and we must +cite them from that passage in the speech on the trial of Ctesiphon, +where he ventures to speak of his own actions and counsels and +services to the republic. That oration in truth corresponds so much +to that idea which is implanted in our minds that no higher eloquence +need be looked for. + +XXXIX. But now there remains to be considered the form and character +of the eloquence which we are searching for; and what it ought to be +like may be understood from what has been said above. For we have +touched upon the lights of words both single and combined, in which +the orator will abound so much that no expression which is not either +dignified or elegant will ever fall from his mouth. And there will be +frequent metaphors of every sort; because they, on account of their +resemblance to something else, move the minds of the hearers, and turn +them this way and that way; and the very agitation of thought when +operating in quick succession is a pleasure of itself. + +And those other lights, if I may so call them, which are derived from +the arrangement of words, are a great ornament to a speech. For they +are like those things which are called decorations in the splendid +ornamenting of a theatre or a forum; not because they are the only +ornaments, but because they are the most excellent ones. The principle +is the same in the case of these things which are the lights, and as +one may say, the decorations of oratory: when words are repeated and +reiterated, or are put down with slight alterations; or when the +sentences are often commenced with the same word, or end with the same +word; or both begin and end alike; or when the same word occurs in the +same place in consecutive sentences; or when one word is repeated in +different senses; or when sentences end with similar sounds; or when +contrary circumstances are related in many contrary manners; or when +the speech proceeds by gradations; or when the conjunctions are taken +away and each member of the sentence is uttered unconnectedly; or when +we pass over some points and explain why we do so; or when we of our +own accord correct ourselves, as if we blamed ourselves; or if we use +any exclamation of admiration, or complaint; or when the same noun is +often repeated in different cases. + +But the ornaments of sentiments are more important; and because +Demosthenes employs them very frequently, some people think that that +is the principal thing which makes his eloquence so admirable. And +indeed there is hardly any topic treated by him without a careful +arrangement of his sentences; nor indeed is speaking anything else +except illuminating all, or at least nearly all, one's sentences with +a kind of brilliancy: and as you are thoroughly aware of all this, +O Brutus, why need I quote names or instances. I only let the place +where they occur be noted. + +XL. If then that consummate orator whom we are looking for, should say +that he often treats one and the same thing in many different manners; +and dwells a long time on the same idea; and that he often extenuates +some point, and often turns something into ridicule; that he +occasionally appears to change his intention and vary his sentiments; +that he proposes beforehand the points which he wishes to prove; that +when he has completed his argument on any subject he terminates it; +that he often recals himself back, and repeats what he has already +said; that he winds up his arguments with fresh reasons; that he beats +down the adversary with questions; again, that he himself answers +questions which as it were he himself has put; that he sometimes +wishes to be understood as meaning something different from what he +says; that he often doubts what he had best say, or how he had best +say it; that he arranges what he has to say under different heads; +that he leaves out or neglects some points; while there are some +which he fortifies beforehand; that he often throws the blame on his +adversary for the very thing for which he himself is found fault with; +that he often appears to enter into deliberation with his hearers, and +sometimes even with his adversary; that he describes the conversation +and actions of men; that he introduces some dumb things, as speaking; +that he diverts men's minds from the subject under discussion; that he +often turns the discussion into mirth and laughter; that he sometimes +preoccupies ground which he sees is attached; that he adduces +comparisons; that he cites precedents; that he attributes one thing +to one person and another to another; that he checks any one who +interrupts him; that he says that he is keeping back something; that +he adds threatening warnings of what his hearers must beware of; that +he often takes a bolder licence; that he is sometimes even angry; that +he sometimes utters reproaches, deprecates calamity, uses the language +of supplication, and does away with unfavourable impressions; that he +sometimes departs a very little from his subject, to express wishes or +to utter execrations, or to make himself a friend of those men before +whom he is speaking. + +He ought also to aim at other virtues, if I may so call them, in +speaking; at brevity, if the subject requires it. He will often, also, +by his speech, bring the matter before people's eyes; and often extol +it beyond what appears possible; his meaning will be often more +comprehensive than his speech; he will often assume a cheerful +language, and often give an imitation of life and nature. + +XLI. In this kind of speaking, for you may look upon oratory as a vast +wood, all the importance of eloquence ought to shine forth. But these +qualities, unless they are well arranged and as it were built up +together and connected by suitable language, can never attain that +praise which we wish that it should. + +And as I was aware that it would be necessary for me to speak on this +point next, although I was influenced by the considerations which +I had mentioned before, still I was more disturbed by those which +follow. For it occurred to me, that it was possible that men should be +found, I do not mean envious men, with whom all places are full, but +even favourers of my glory, who did not think that it became a man +with reference to whose services the senate had passed such favourable +votes with the approbation of the whole Roman people, as they never +did in the case of any one else, to write so many books about the +method of speaking. And if I were to give them no other answer than +that I was unwilling to refuse the request of Marcus Brutus, it would +be a reasonable excuse, as T might well wish to satisfy a man who was +my greatest friend and a most excellent man, and who only asked what +was right and honourable. But if I were to profess (what I wish that I +could) that I was about to give rules, and paths, as it were, to lead +to eloquence those who are inclined to study oratory, what man who set +a proper value on things would find fault with me? For who has ever +doubted that eloquence has at all times been of the very highest +estimation in our republic, among all the accomplishments of peace, +and of our domestic life in the city; and that next to it is the +knowledge of the law? and that the one had in it the greatest amount +of influence, and credit, and protection; and the other contains rules +for prosecutions and defence; and this latter would often of its own +accord beg for assistance from eloquence; but if it were refused, +would scarcely be able to maintain its own rights and territories. + +Why then has it been at all times an honourable thing to teach civil +law, and why have the houses of the most eminent professors of this +science been at all times crowded with pupils? And yet if any one +attempts to excite people to the study of oratory, or to assist the +youth of the city in that pursuit, should he be blamed? For, if it be +a vicious thing to speak in an elegant manner, then let eloquence be +expelled altogether from the state. But if it not only is an ornament +to those who possess it, but the whole republic also, then why is it +discreditable to learn what it is honourable to know; of, why should +it be anything but glorious to teach what it is most excellent to be +acquainted with? + +XLII. But the one is a, common study, and the other a novel one. I +admit that; but there is a reason for both these facts. For it was +sufficient to listen to the lawyers giving their answers, so that +they who acted as instructors set aside no particular time for that +purpose, but were at one and the same time satisfying the wants both +of their pupils and their clients. But the other men, as they devoted +all their time, when at home, to acquiring a correct understanding of +the causes entrusted to them, and arranging the arguments which they +were to employ; all their time when in the forum to pleading the +cause, and all the rest of their time in recruiting their own +strength; what time had they for giving rules or lessons? and I do not +know whether most of our orators have not excelled more in genius than +in learning; therefore, they have been able to speak better than they +could teach, while our ability is perhaps just the contrary. + +But there is no dignity in teaching.--Certainly not, if it is done as +if one kept a school; but if a man teaches by warning, by exhorting, +by asking questions, by giving information, sometimes by reading with +his pupils and hearing them read, then I do not know, if by teaching +anything you can sometimes make men better, why you should be +unwilling to do it. Is it honourable to teach a man what are the +proper words to alienate consecrated property with, and not honourable +to teach him those by which consecrated property may be maintained and +defended? + +"But," men say, "many people profess law who know nothing about it; +but even the very men who have acquired eloquence conceal their +attainment of it, because wisdom is a thing agreeable to men, but +eloquence is suspected by them." Is it possible then for eloquence to +escape notice, or does that which a man conceals cease to exist? Or is +there any danger of any one thinking with respect to an important and +glorious art that it is a discreditable thing to teach others that +which it was very honourable to himself to learn? But perhaps others +may be better hands at concealment; I have always openly avowed that I +have learnt the art. For what could I have done, having left my home +when very young, and crossed the sea for the sake of those studies; +and having had my house full of the most learned men, and when there +were perhaps some indications of learning in my conversation; and when +my writings were a good deal read; could I then have concealed the +fact of my having learnt it? How could I justify myself except by +showing that I had made some progress in those studies? + +XLIII. And as this is the case still, the things which have been +already mentioned, have had more dignity in the discussion of them +than those which have got to be discussed. For we are now to speak +about the arrangement of words, and almost about the counting and +measuring of syllables. And, although these things are, as it appears +to me, necessary, yet there is more show in the execution than in +the teaching of them. Now that is true of everything, but it has a +peculiar force with respect to this pursuit. For in the case of all +great arts, as in that of trees, it is the height which delights us, +but we take no pleasure in the roots or trunks; though the one cannot +exist without the other. But as for me, whether it is that that +well-known verse which forbids a man + +"To fear to own the art he practises," + +does not allow me to conceal that I take delight in it; or whether it +is your eagerness which has extorted this volume from me; still it was +worth while to make a reply to those whom I suspected of being likely +to find fault with me. + +But if the circumstances which I have mentioned had no existence, +still who would be so harsh and uncivilised as not to grant me this +indulgence, so that, when my forensic labours and my public exertions +were interrupted, I might devote my time to literature rather than to +inactivity of which I am incapable, or to melancholy which I resist? +For it was a love of letters which formerly led me into the courts of +justice and the senate-house, and which now delights me when I am at +home. Nor am I occupied only with such subjects as are contained in +this book, but with much more weighty and important, ones; and if +they are brought to perfection, then my private literary labours will +correspond to my forensic exertions. However, at present let us return +to the discussion we had commenced. + +XLIV. Our words then must be arranged either so that the last may as +correctly as possible be consistent with the first, and also so that +our first expressions may be as agreeable as possible; or so that the +very form of our sentences and their neatness may be well rounded off; +or so that the whole period may end in a musical and suitable manner. +And, in the first place, let us consider what kind of thing that is +which above all things requires our diligence, so that a regular +structure as it were may be raised, and yet that this may be effected +without any labour. For the labour would be not only infinite, but +childish. As in Lucilius, Scaevola is represented as attacking Albucius +very sensibly: + + + "How neatly all your phrases are arranged; + Like tesselated pavement, or a box + Inlaid with deftly wrought mosaic." + + +The care taken in the construction must not be too visible. But still +a practised pen will easily perfect this manner of arranging its +phrases. For as the eye does in reading, so in speaking, the eye will +see beforehand what follows, so that the combination of the last words +of a sentence with the first may not leave the whole sentence either +gaping or harsh. For sentiments ever so agreeable or dignified offend +the ears if they are set down in ill-arranged sentences; for the +judgment of the ears is very fastidious. And the Latin language is so +particular on this point, that no one can be so ignorant as to leave +quantities of open vowels. Though this is a point on which men blame +Theopompus, because he was so ostentatious in his avoidance of such +letters, although his master Isocrates did the same; but Thucydides +did not; nor did that other far superior writer, Plato. And he did +this not only in those conversations which are called Dialogues, when +it ought to have been done designedly; but even in that oration[61] +addressed to the people, in which it is customary at Athens for those +men to be extolled who have been slain in fighting for their country. +And that oration was so greatly approved of that it was, as you know, +appointed to be recited every year; and in that there is a constant +succession of open vowels, which Demosthenes avoided in a great degree +as vicious. + +XLV. However, the Greeks must judge of that matter for themselves. We +are not allowed to use our words in that manner, not even if we wish +to; and this is shown even by those unpolished speeches of Cato. It is +shown by all the poets except those who sometimes had recourse to a +hiatus in order to finish their verse; as Naevius-- + +"Vos, qui accolitis Istrum fluvium, atque Algidam." + +And again-- + +"Quam nunquam vobis Graii atque Barbari." + +But Ennius does so only once-- + +"Scipio invicte." + +And we too have written,-- + +"Hinc motu radiantis Etesiae in vada ponti." + +For our countrymen would not have endured the frequent use of such a +liberty, though the Greeks even praise it. But why should I talk about +vowels? even without counting vowels, they often used contractions for +the sake of brevity, so as to say-- + + + Multi' modis for imdtis modis. + Vas' argenteis for vasis argenteis. + Palmi et crinibus for palmis et crinibus. + Tecti' fractis for tectis fractis. + + +And what would be a greater liberty than to contract even men's names, +so as to make them more suitable to verse? For as they contracted +_duellum_ into _bellum_, and _duis_ into _bis_, so they called +_Duellius_ (the man I mean who defeated the Carthaginians in a naval +action) _Bellius_, though his ancestors were always called _Duellii_. +Moreover, they often contract words, not in obedience to any +particular usage, but only to please the ear. For how was it that +Axilla was made Ala, except by the flight of the larger letter? and so +the elegant usage of Latin conversation takes this letter _x_ out of +_maxilla_, and _taxilla_, and _vexillum_, and _paxillum_. + +They also joined words by uniting them at their pleasure; so as to +say--_sodes_ for _si audes_, _sis_ for _si vis_. And in this word +_capsis_ there are no less than three[62] words. So _ain_ for _aisne, +nequire_ for _non quire, malle_ for _magis velle, nolle_ for _son +velle_. And again, we often say _dein_ for _deinde_, and _exin_ for +_exinde_. Well, need I give any more instances? Cannot we see easily +from whence it arises that we say _cum illis_, but we do not say _cum +nobis_, but _nobiscum_? because if it were said in the other way, the +letters would clash in a discordant manner; as they would have clashed +a minute ago if I had not put _autem_ between them. This is the origin +of our saying _mecum_ and _tecum_, not _cum me_, and _cum te_, so that +they too might be like _nobiscum_ and _vobiscum_. + +XLVI. And some men find fault with all this; men who are rather late +in mending antiquity; for they wish us, instead of saying _Deûm atque +hominum fidem_, to say _Deorum_. Very likely it may be right, but were +our ancestors ignorant of all this, or was it usage that gave them +this liberty? Therefore the same poet who had used these uncommon +contractions-- + +"Patris mei mecûm factûm pudet," for meorum factorum, + +and, + +"Texitur: exitiûm examen rapit," for exitiorum, + +does not say "_liberûm_" as many of us do say in such an expression as +_cupidos liberûm_, or in _liberûm loco_, but, as these men approve, + +"Neque tuum unquam in gremium extollas liberorum ex te genus." + +And again he says,-- + +"Namque aesculapi liberorum...." + +And another of these poets says in his Chryses, not only + +"Cives, antiqui amici majorum meûm," + +which was common enough; but he says, with a much more unmusical +sound,-- + +"Consiliûm, auguriûm, atque extûm interpretes." + +And again he goes on-- + +"Postquam prodigiûm horriferûm, putentfûm pavos," + +which are not at all usual contractions in a string of words which are +all neuter. Nor should I much like to say _armûm judicium_, though the +expression occurs in that same poet,-- + +"Nihilne ad te de judicio armûm accidit?" + +instead of _armorum_. But I do venture (following the language of the +censor's returns) to say _jabrûm_ and _procûm_, instead of _fabrorum_ +and _procorum_. And I actually never by any chance say _duorum virorum +judicium_, or _triumvirorum capitalium_, or _decemvirorum litibus +judicandis_. + +And Attius said-- + +"Video sepulchra dua duorum corporam." + +And at another time he has said,-- + +"Mulier una duûm virûm." + +I know which is proper; but sometimes I speak according to the licence +of the present fashion, so far as to say _Proh Deûm_, or _Proh +Deorum_; and at other times I speak as I am forced to, when I say +_trium virûm_, not _virorum_, and _sestertiûm nummûm_, not _nummorum_; +because with respect to these words there is no variety of usage. + +XLVII. What am I to say is the reason why they forbid us to say +_nôsse, judicâsse_, and enjoin us to use _novisse_ and _judicavisse_? +as if we did not know that in words of this kind it is quite correct +to use the word at full length, and quite in accordance with usage to +use it in its contracted form. And so Terence does use both forms, and +says,-- + +"Eho, tu cognatum tuum non nôras?" + +And afterwards he has,-- + +"Stilphonem, inquam, noveras?" + +_Siet_ is the word at full length; _sit_ is the contracted form. One +may use either; and so we find in the same passage,-- + + + "Quam cara sint, quae post carendo intelligunt, + Quamque attinendi magni dominatus sient." + + +Nor should I find fault with + +"Scripsere alii rem." + +I am aware that _scripserunt_ is the more correct form; but I +willingly comply with a fashion which is agreeable to the ears. + +"Idem campus habet," + +says Eunius; and in another place he has given us,-- + +"In templis îsdem;" + +but _eisdem_ would be more regular; but yet it would not have been +so musical: and _iisdem_ would have sounded ill. But custom has +sanctioned our departing from strict rules for the sake of +euphony; and I should prefer saying _pomeridianas quadrigas_ to +_postmeridianas_, and _mehercule_ to _mehercules. Non scire_ already +appears a barbarism; _nescire_ is sweeter. The word _meridiem_ itself, +why is it not _medidiem_? + +I suppose because it sounded worse. There is one preposition, _abs_, +which has now only an existence in account books; but in all other +conversation of every sort is changed: for we say _amovit_, and +_abegit_, and _abstulit_, so that you cannot now tell whether _ab_ is +the correct form or _abs_. What shall we say if even _abfugit_ has +seemed inadmissible, and if men have discarded _abfer_ and preferred +_aufer_? and that preposition is found in no word whatever except +these two verbs. There were the words _noti_, and _navi_, and _nari_, +and when _in_ was forced to be prefixed to them, it seemed more +musical to say _ignoti, ignavi, ignari_, than to adhere to the strict +rules. Men say _ex usu_ and _republicâ_, because in the one phrase a +vowel followed the preposition, and in the other there would have been +great harshness if you had not removed the consonant, as in _exegit, +edixit, effecit, extulit, edidit_. And sometimes the preposition has +sustained an alteration, regulated by the first letter of the verb to +which it is added, as _suffugit, summutavit, sustulit_. + +XLVIII. What are we to say of compound words? How neat is it to +say _insipientem_, not _insapientem_; _iniquum_, not _incequum_; +_tricipitem_, not _tricapitem_; _concisum_, not concoesum! and, +because of this last instance, some people wish also to say +_pertisum_; but the same fashion which regulates the other changes, +has not sanctioned this one. But what can be more elegant than this, +which is not caused by nature, but by some regular usage?--we say +_inclytus_, with the first letter short; _insanus_, with the first +letter long; _inkumanus_, with a short letter; _infelix_, with a long +one: and, not to detain you with many examples, in those words in +which the first letters are those which occur in _sapiente_ and +_felice_, it is used long; in all others it is short. And so, too, we +have _composuit, consuevit, concrvpuit, confecit_. Consult the truth, +it will reprove you; refer the matter to your ears, they will sanction +the usage. Why so? Because they will say that that sound is the most +agreeable one to them; and an oration ought to consult that which +gives pleasure to the ears. Moreover, I myself, as I knew that our +ancestors spoke so as never to use an aspirate except before a vowel, +used to speak in this way: _pulcros, Cetegos, triumpos, Cartaginem_; +when at last, and after a long time, the truth was forced upon me by +the admonition of my own ears, I yielded to the people the right of +settling the rule of speaking; and was contented to reserve to myself +the knowledge of the proper rules and reasons for them. Still we say +_Orcivii_, and _Matones_ and _Otones, Coepiones, sepulchra, coronas, +lacrymas_, because that pronunciation is always sanctioned by the +judgment of our ears. + +Ennius always used _Burrum_, never _Pyrrhum_: he says,-- + +"Vi patefecerunt Bruges;" + +not _Phryges_; and so the old copies of his poems prove, for they had +no Greek letters in them. But now those words have two; and though +when they wanted to say _Phrygum_ and _Phrygibus_, it was absurd +either to use a Greek character in the barbarous cases only, or else +in the nominative case alone to speak Greek, still we say _Phrygum_ +and _Phrygibus_ for the sake of harmonizing our ears. Moreover (at +present it would seem like the language of a ploughman, though +formerly it was a mark of politeness) our ancestors took away the last +letter of those words in which the two last letters were the same, as +they are in _optumus_, unless the next word began with a vowel. And +so they avoided offending the ear in their verse; as the modern poets +avoid it now in a different manner. For we used to say,-- + +"Qui est omnibu' princeps," not "omnibus princeps;" + +and-- + +"Vitâ illâ, dignu' locoquc," not "dignus." + +But if unlettered custom is such an artist of euphony, what must we +think is required by scientific art and systematic learning? + +I have put all this more briefly than if I were discussing this matter +by itself; (for this topic is a very extensive one, concerning the use +and nature of words;) but still I have been more prolix than the plan +I originally proposed to myself required. + +XLIX. But because the choice of subjects and words is in the +department of prudence, but of sounds and rhythm it is the ears that +are the judges; because the one is referable to one's understanding, +the other only to one's pleasure; therefore in the one case it is +reason and in the other sensation that has been the inventor of the +system. For it was necessary for us either to disregard the pleasure +of those men by whom we wished to be approved of; or else it was +necessary to discover a system by which to gain their good-will. + +There are then two things which soothe the ears; _sound_ and _rhythm_. +Concerning rhythm we will speak presently; at this moment we are +inquiring into sound. As I said before, words must be selected which +as much as possible shall sound well; but they must not be, like the +words of a poet, sought purely for sound, but taken from ordinary +language. + +"Qua ponto a Helles" + +is an extravagant expression; but + +"Auratua aries Colehorum" + +is a verse illuminated with splendid names. But the next verse is +polluted by ending with a most inharmonious letter; + +"Frugifera et ferta arva Asiae tenet." + +Let us therefore use the propriety of words of our own language, +rather than the brilliancy of the Greeks; unless perchance we are +ashamed of speaking in such a way as this-- + +"Quâ tempestate Paris Helenam," + +and the rest of that sentence. Let us, I say, pursue that plan and +avoid harshness of sound. + + + "Habeo istam ego perterricrepam.... + Versutiloquas malitias." + + +Nor is it enough to have one's words arranged in a regular system, but +the terminations of the sentences must be carefully studied, since we +have said that that is a second sort of judgment of the ears. But the +harmonious end of a sentence depends on the arrangement itself, which +is so of its own accord, if I may so express myself, or on some +particular class of words in which there is a certain neatness; and +whether such words have cases the terminations of which are similar, +or whether one word is matched with another which resembles it, or +whether contrary words are opposed to one another, they are harmonious +of their own nature, even if nothing has been done on purpose. In the +pursuit of this sort of neatness Gorgias is reported to have been the +leader; and of this style there is an example in our speech in defence +of Milo: "For this law, O judges, is not a written one, but a natural +one, one which we have not learnt, or received from others, or +gathered from books; but which we have extracted, and pressed out, +and imbibed from nature itself; it is one in which we have not been +educated, but born; we have not been brought up in it, but imbued with +it. For these sentences are such that, because they are referred to +the principles to which they ought to be referred, we see plainly that +harmony was not the thing that was sought in them, but that which +followed of its own accord. And this is also the case when contraries +are opposed to one another; as those phrases are by which not only a +harmonious sentence, but even a verse is made. + +"Eam, quam nihil accusas, damnas." + +A man would say _condemnas_ if he wished to avoid making a verse. + + + "Bene quam meritam esse autumas, dicis male mereri. + Id, quod scis, prodest nihil; id, quod nescis, obest." + + +The very relation of the contrary effects makes a verse that would be +harmonious in a narration. + +"Quod scis, nihil prodest; quod nescis, multum obest." + +These things, which the Greeks call [Greek: antitheta], as in them +contraries are opposed to contraries, of sheer necessity produce +oratorical rhythm; and that too without any intention on the part of +the orator that they should do so. + +This was a kind of speaking in which the ancients used to take +delight, even before the time of Isocrates; and especially Gorgias; +in whose orations his very neatness generally produces an harmonious +rhythm. We too frequently employ this style; as in the fourth book of +our impeachment of Verres:--"Compare this peace with that war; the +arrival of this praetor with the victory of that general; the debauched +retinue of this man, with the unconquerable army of the other; the +lust of this man with the continence of that one; and you will say +that Syracuse was founded by the man who in reality took it; and was +stormed by this one, who in reality received it in an admirable and +settled condition." + +This sort of rhythm then must be well understood. + +L. We must now explain that third kind of an harmonious and +well-arranged speech, and say of what character it is; and what sort +of ears those people have who do not understand its character, or +indeed what there is in them that is like men at all, I do not know. +My ears delight in a well-turned and properly finished period of +words, and they like conciseness, and disapprove of redundancy. Why +do I say my ears? I have often seen a whole assembly raise a shout of +approval at hearing a musical sentence. For men's ears expect that +sentences shall be strung together of well-arranged words. This was +not the case in the time of the ancients. And indeed it was nearly the +only thing in which they were deficient: for they selected their words +carefully, and they gave utterance to dignified and sweet sounding +ideas; but they paid little attention to arranging them or filling +them up. "This is what delights me," one of them would say. What are +we to say if an old primitive picture of few colours delights some men +more than this highly finished one? Why, I suppose, the style which +succeeds must be studied again; and this latter style repudiated. + +People boast of the names of the ancients. But antiquity carries +authority with it in precedents, as old age does in the lives of +individuals; and it has indeed very great weight with me myself. Nor +am I more inclined to demand from antiquity that which it has not, +than to praise that which it has; especially as I consider what it has +as of more importance than what it has not. For there is more good in +well chosen words and ideas in which they excel, than in the rounding +off of phrases in which they fail. It is after their time that the +working up of the termination of a sentence has been introduced; which +I think that those ancients would have employed, if it had been known +and employed in their day; as since it has been introduced we see that +all great orators have employed it. + +LI. But it looks like envy when what we call "number," and the Greeks +[Greek: ruthmos] is said to be employed in judicial and forensic +oratory. For it appears like laying too many plots for the charming +of people's ears if rhythm is also aimed at by the orator in his +speeches. And relying on this argument those critics themselves utter +broken and abrupt sentences, and blame those men who deliver well +rounded and neatly turned discourses. If they blame them because their +words are ill adapted and their sentiments are trifling, they are +right; but if their arguments are sound, their language well chosen, +then why should they prefer a lame and halting oration to one which +keeps pace with the sentiments contained in it? For this rhythm which +they attack so has no other effect except to cause the speaker to +clothe his ideas in appropriate language; and that was done by the +ancients also, not unusually by accident, and often by nature; and +those speeches of theirs which are exceedingly praised, are so +generally because they are concisely expressed. And it is now near +four hundred years since this doctrine has been established among the +Greeks; we have only lately recognised it. Therefore was it allowable +for Ennius, despising the ancient examples, to say:-- + + + "In verses such as once the Fauns + And ancient poets sang:" + + +and shall it not be allowed me to speak of the ancients in the same +manner? especially as I am not going to say, "Before this man ..." as +he did; nor to proceed as he did, "We have ventured to open ..." For I +have read and heard of some speakers whose orations were rounded off +in an almost perfect manner. And those who cannot do this are not +content with not being despised; they wish even to be praised for +their inability. But I do praise those men, and deservedly too, whose +imitators they profess to be; although I see something is wanting in +them. But these men I do not praise at all, who imitate nothing of the +others except their defects, and are as far removed as possible from +their good qualities. + +But if their own ears are so uncivilised and barbarous, will not the +authority of even the most learned men influence them? I say nothing +of Isocrates, and his pupils Ephorus and Naucrates; although those men +who are themselves consummate orators ought also to be the highest +authorities on making and ornamenting a speech. But who of all men +was ever more learned, or more acute, or a more accurate judge of +the discovery of, or decision respecting all things than Aristotle? +Moreover, who ever took more pains to oppose Isocrates? Aristotle +then, while he warns us against letting verses occur in our speeches, +enjoins us to attend to rhythm. His pupil Theodectes, one of the most +polished of writers, (as Aristotle often intimates,) and a great +artist, both felt and enjoined the same thing. And Theophrastus is +more distinct still in laying down the same rule. + +Who then can endure those men who do not agree with such authorities +as these? Unless indeed they are ignorant that they ever gave any such +rules. And if that is the case, (and I really believe it is,) what +then? Have they no senses of their own to be guided by? Have they no +natural idea of what is useless? None of what is harsh, cramped, lame, +or superfluous? When verses are being repeated, the whole theatre +raises an outcry if there is one syllable too few or too many. +Not that the mob knows anything about feet or metre; nor do they +understand what it is that offends them, or know why or in what it +offends them. But nevertheless nature herself has placed in our ears a +power of judging of all superfluous length and all undue shortness in +sounds, as much as of grave and acute syllables. + +LII. Do you wish then, O Brutus, that we should give a more accurate +explanation of this whole topic, than those men themselves have done +who have delivered these and other rules to us? Or may we be content +with those which have been delivered by them? But why do I ask whether +you wish this? when I know from your letters, written in a most +scholar-like spirit, that you wish for it above all things. First of +all, then, the origin of a well-adapted and rhythmical oration shall +be explained, then the cause of it, then its nature, and last of all +its use. + +For they who admire Isocrates above all things, place this among his +very highest panegyrics, that he was the first person who added rhythm +to prose writing. For they say that, as he perceived that orators were +listened to with seriousness, but poets with pleasure, he then aimed +at rhythm so as to use it in his orations both for the sake of giving +pleasure, and also that variety of sound might prevent weariness. And +this is said by them in some degree correctly, but not wholly so. For +we must confess that no one was ever more thoroughly skilled in that +sort of learning than Isocrates; but still the original inventor of +rhythm was Thrasymachus; all whose writings are even too carefully +rhythmical. For, as I said a little while ago, the principle of things +like one another being placed side by side, sentence after sentence +being ended in a similar manner, and contraries being compared +with contraries, so that, even if one took no pains about it, most +sentences would end musically, was first discovered by Gorgias; but he +used it without any moderation. And that is, as I have said before +one of the three divisions of arrangement. Both of these men were +predecessors of Isocrates; so that it was in his moderation, not in +his invention, that he is superior to them. For he is more moderate in +the way in which he inverts or alters the sense of words; and also in +his attention to rhythm. But Gorgias is a more insatiable follower of +this system, and (even according to his own admission) abuses these +elegances in an unprecedented way; but Isocrates (who while a young +man had heard Gorgias when he was an old man in Thessaly) put all +these things under more restraint. Moreover he himself, as he advanced +in age, (and he lived nearly a hundred years,) relaxed in his ideas of +the exceeding necessity for rhythm; as he declares in that book which +he wrote to Philip of Macedon, when he was a very old man, in which he +says that he is less attentive to rhythm than he had formerly been. +And so he had corrected not only his predecessors, but himself also. + +LIII. Since, then, we have those men whom we have mentioned as the +authors and originators of a well-adapted oration, and since its +origin has been thus explained, we must now seek for the cause. +And that is so evident, that I marvel that the ancients were not +influenced by it; especially when, as is often the case, they often by +chance made use of well-rounded and well-arranged periods. And when +they had produced their impression on the minds and ears of men, so as +to make it very plain that what chance had effected had been received +with pleasure, certainly they ought to have taken note of what had +been done, and have imitated themselves; for the ears, or the mind by +the report of the ears, contains in itself a natural measurement +of all sounds. That is how it distinguishes between long and short +sounds; and always watches for well-wrought and moderate periods. It +feels that some are mutilated and curtailed, as it were, and with +those it is offended, as if it were defrauded of its due; others it +feels to be too long, and running out to an immoderate length, and +those the ears reject even more than the first; for as in most cases, +so especially in this kind of thing, it happens that what is in excess +is much more offensive than that which errs on the side of deficiency. + +As, therefore, poetry and verse was invented by the nicety of the ear, +and the careful observation of clever men; so it has been noticed in +oratory, much later, indeed, but still in deference to the promptings +of the same nature, that there are some certain rules and bounds, +within which words and paragraphs ought to be confined. + +Since, therefore, we have thus shown the cause, we will now, if you +please, explain the nature of it; for that was the third division; and +that involves a discussion which has no reference to the original plan +of this treatise, but which belongs rather to the arcana of the art. +For the question may be asked, what is the rhythm of a speech; and +where it is placed; and in what it originates; and whether it is one +thing, or two, or more; and on what principles it is arranged; and for +what purpose; and how and in what part it is situated, and in what way +it is employed so as to give any pleasure. + +But as in most cases, so also in this one, there are two ways of +looking at the question; one of which is longer, the other shorter, +and at the same time plainer. + +LIV. But in the longer way the first question is, whether there +actually is any such thing as a rhythmical oration at all; (for some +persons do not think that there is, because there is not in oratory +any positive rule, as there is in verses, and because the people who +assert that there is that rhythm cannot give any reason why there is.) +In the next place, if there is rhythm in an oration, what sort of +rhythm it is; and whether it is of more than one kind; and whether it +consists of poetical rhythm, or of some other kind; and if it consists +of poetical rhythm, of which poetical rhythm, (for some think that +there is but one sort of poetical rhythm, while others think there are +many kinds.) In the next place, the question arises, whatever sorts of +rhythm there may be, whether one or more, whether they are common to +every kind of oratory, (since there is one kind used in narrating, +another kind in persuading, and another in teaching,) or whether the +different kinds are all adapted equally to every sort of oratory. If +the different kinds are common to each kind of oratory, what are they? +If there is a difference, then what is the difference, and why is the +rhythm less visible in a speech than in a verse? Besides, there is a +question whether what is rhythmical in a speech is made so solely by +rhythm, or also by some especial arrangement of words, or by the kind +of words employed; or whether each division has its component parts, +so that rhythm consists of intervals, arrangement of words, while the +character of the words themselves is visible being a sort of shape +and light of the speech; and whether arrangement is not the principal +thing of all, and whether it is not by that that rhythm is produced, +and those things which I have called the forms and light of a speech, +and which, as I have said, the Greeks call [Greek: schaemata]. But +that which is pleasant when uttered by the voice, and that which is +made perfect by careful regulation, and brilliant by the nature of the +words employed, are not one and the same thing, although they are both +akin to rhythm, because each is perfect of itself; but an arrangement +differs from both, and is wholly dependent on the dignity or sweetness +of the language employed. + +These are the main questions which arise out of an inquiry into the +nature of oratory. + +LV. It is, then, not hard to know that there is a certain rhythm in a +speech: for the senses decide that. And it is absurd not to admit an +evident fact, merely because we cannot find out why it happens. And +verse itself was not invented by _à priori_ reasoning, but by nature +and the senses, and these last were taught by carefully digested +reason what was the fact; and accordingly it was the careful noticing +and observation of nature which produced art. + +But in verses the matter is more evident. For although there are some +kinds of verse which, if they be not chanted, appear but little to +differ from prose; and this is especially the case in all the very +best of those poets who are called [Greek: lyriloi] by the Greeks; +for when you have stripped them of the singing, the language remains +almost naked. And some of our countrymen are like them. Like that line +in Thyestes:-- + +"Quemnam te esse dicam, qui tarda in senectute" ... + +And so on; for except when the flute-player is at hand to accompany +them, those verses are very like prose. But the iambics of the common +poets are, on account of their likeness to ordinary conversation, very +often in such a very low style, that sometimes it is hardly possible +to discover any metre, or even rhythm in them. And it may easily be +understood that there is more difficulty in discovering the rhythm in +an oration than in verses. + +Altogether there are two things which season oratory--the sweetness of +the language, and the sweetness of the rhythm. In the language is the +material, and in the rhythm the polish. But, as in other things, +the older inventions are the children of necessity rather than of +pleasure; so also has it happened in this, that oratory was for many +ages naked and unpolished, aiming only at expressing the meaning +conceived in the mind of the speaker, before any system of rhythm for +the sake of tickling the ears was invented. + +LVI. Therefore Herodotus also, and his age, and the age preceding him, +had no idea of rhythm, except at times by chance, as it seems. And the +very ancient writers have left us no rules at all about rhythm, though +they have given us many precepts about oratory. For that which is the +more easy and the more necessary will always be the first thing +known. Therefore, words used in a metaphorical sense, or inverted, or +combined, were easily invented because they were derived from ordinary +use, and from daily conversation. But rhythm was not drawn from a +man's own house, nor had it any connexion of relationship to oratory. +And therefore it was later in being noticed and observed, bringing as +it did the last touch and lineaments to oratory. But if there is +one style of oratory narrow and concise, and another more vague and +diffuse, that must clearly be owing, not to the nature of letters, +but to the difference between long and short paragraphs; because an +oration made up and compounded of these two kinds is sometimes +steady, sometimes fluent, and so each character must be kept up by +corresponding rhythm. For that circuitous way of speaking, which we +have often mentioned already, goes on more impetuously, and hurries +along, until it can arrive at its end, and come to a stop. It is quite +plain, therefore, that oratory ought to be confined to rhythm, and +kept clear of metre. + +But the next question is, whether this rhythm is poetical, or whether +it is of some other kind. There is, then, no rhythm whatever that +is not poetical; because the different kinds of rhythm are clearly +defined. For all rhythm is one of three kinds. For the foot which +is employed in rhythm is divided into three classes; so that it is +necessary that one part of the foot must be either equal to the other +part, or as large again, or half as large again. Accordingly, the +dactyl is of the first class, the paeon of the last, the iambic of the +second. And how is it possible to avoid such feet in an oration? +And then when they are arranged with due consideration rhythm is +unavoidably produced. + +But the question arises, what rhythm is to be employed; either +absolutely, or in preference to others. But that every kind of rhythm +is at times suitable to oratory, may be seen from this,--that in +speaking we often make a verse without intending it, (which, however, +is a great fault, but we do not notice it, nor do we hear what we say +ourselves;) and as for iambics, whether regular or Hipponactean, those +we can scarcely avoid, for our common conversation often consists of +iambics. But still the hearer easily recognises those verses, for they +are the most usual ones. But at times we unintentionally let fall +others which are less usual, but which still are verses; and that is a +faulty style of oratory, and one which requires to be guarded against +with great care. + +Hieronymus, a Peripatetic of the highest character, out of all the +numerous compositions of Isocrates, picked out about thirty verses, +chiefly iambics, but some also anapaests. And what can be worse? +Though in picking them out he acted in an unfair manner, for he took +away sometimes the first syllable in the first word of a sentence; and +again, he sometimes added to the last word the first syllable of the +following sentence. And in this way he made that sort of anapaest which +is called the Aristophanic anapaest. And such accidents as these +cannot be guarded against, nor do they signify. But still this critic, +in the very passage in which he finds this fault with him, (as I +noticed when I was examining his work very closely,) himself makes +an iambic without knowing it. This, then, may be considered as an +established point, that there is rhythm also in prose, and that +oratorical is the same as the poetical rhythm. + +LVII. It remains, therefore, for us to consider what rhythm occurs +most naturally in a well-arranged oration. For some people think that +it is the iambic rhythm, because that is the most like a speech, +on which account it happens that it is most frequently employed in +fables, because of its resemblance to reality--because the dactylic +hexameter rhythm is better suited to a lofty and magniloquent subject +But Ephorus himself, an inconsiderable orator, though coming from an +excellent school, inclines to the paeon, or dactyl, but avoids the +spondee and trochee. For because the paeon has three short syllables +and the dactyl two, he thinks that the words come more trippingly +off on account of the shortness and rapidity of utterance of the +syllables; and that a contrary effect is produced by the spondee and +trochee, because the one consists of long syllables and the other of +short ones; so that a speech made up of the one is too much hurried, +it made up of the other is too slow; and neither is well, regulated. +But those accents are all in the wrong, and Ephorus is wholly in +fault. For those who pass over the paeon, do not perceive that a most +delicate, and at the same time most dignified rhythm is passed over by +them. But Aristotle's opinion is very different, for he considers that +the heroic rhythm is a grander one than is admissible in prose, and +that an iambic is too like ordinary conversation. Accordingly, he does +not approve of a style which is lowly and abject, or of one which is +too lofty and, as it were, on stilts: but still he wishes for one full +of dignity, in order to strike those who hear it with the greater +admiration. But he calls a trochee, which occupies the same time as a +choreus, [Greek: kordax], because its contracted and brief character +is devoid of dignity. Accordingly, he approves of the paeon; and says +that all men employ it, but that all men are not themselves aware when +they do employ it; and that there is a third or middle way between +those two, but that those feet are formed in such a way, that in every +one of them there is either a time, or a time and a half, or two +times. Therefore, those men of whom I have spoken have considered +convenience only, and disregarded dignity. For the iambic and the +dactyl are those which are most usually employed in verse; and, +therefore, as we avoid verses in making speeches, so also a recurrence +of these feet must be avoided. For oratory is a different thing from +poetry, nor are there any two things more contrary to one another than +that is to verses. But the paeon is that foot which, of all others, is +least adapted to verse, on which account oratory admits it the more +willingly. But Ephorus will not even admit that the spondee, which he +condemns, is equivalent to the dactyl, which he approves of. For he +thinks that feet ought to be measured by their syllables, not by their +quantity; and he does the same in regard to the trochee, which in its +quantity and times is equivalent to an iambic; but which is a fault in +an oration, if it be placed at the end, because a sentence ends better +with a long syllable. + +And all this, which is also contained in Aristotle, is said by +Theophrastus and Theodectes about the paeon. But my opinion is, that +all feet ought to be jumbled together and confused, as it were, in an +oration; and that we could not escape blame if we were always to use +the same feet; because an oration ought to be neither metrical, like +a poem, nor inharmonious, like the conversation of the common people. +The one is so fettered by rules that it is manifest that it is +designedly arranged as we see it; the other is so loose as to appear +ordinary and vulgar; so that you are not pleased with the one, and you +hate the other. + +Let oratory then be, as I have said above, mingled and regulated with +a regard to rhythm; not prosaic, nor on the other hand sacrificed +wholly to rhythm; composed chiefly of the paeon, (since that is the +opinion of the wisest author on the subject,) with many of the other +feet which he passes over intermingled with it. + +LVIII. But what feet ought to be mingled with others, like purple, +must be now explained; and we must also show to what kind of speech +each sort of foot and rhythm is the best adapted. For the iambic is +most frequent in those orations which are composed in a humble and +lowly style; but the paeon is suited to a more dignified style; and the +dactyl to both. Therefore, in a varied and long-continued speech these +feet should be mingled together and combined. And in this way the fact +of the orator aiming at pleasing the senses, and the careful attempt +to round off the speech, will be the less visible, and they will at +all times be less apparent if we employ dignified expressions and +sentiments. For the hearers observe these two things, and think them +agreeable: (I mean, expressions and sentiments.) And while they listen +to them with admiring minds, the rhythm escapes their notice; and even +if it were wholly wanting they would still be delighted with those +other things. + +Nor indeed is the rhythm, I mean in a speech, (for the case as to +verse is very different,) so exacting that nothing may ever be +expressed except according to rule; for then it would be a poem. But +every oration which does not halt or if I may so say, fluctuate, and +which proceeds on with an equal and consistent pace, is considered +rhythmical. And it is considered rhythmical in the delivery; not +because it consists wholly of some regular rhythm; but because it +comes as near to a musical rhythm as possible: on which account it is +more difficult to make a speech than to make verses; because these +last have certain definite rules which it is necessary to follow; but, +in speaking, there is nothing settled, except that the speech must +not be intemperate, or too compressed, or prosaic, or too fluent. +Therefore there are no regular bars in it as a flute-player has; but +the whole principle and system of an oration is regulated by general +rules of universal application; and they are judged of on the +principle of pleasing the ear. + +LIX. But people often ask, whether in every portion of a paragraph it +is necessary to have a regard to rhythm, or whether it is sufficient +to do so at the beginning and end of a sentence. For many people think +that it is sufficient for a sentence to end and be wound up in a +rhythmical manner. But although that is the main point, it is not the +only one; for the sounding of the periods is only to be laid aside, +not to be thrown away. And therefore, as men's ears are always on the +watch for the end of a sentence, and are greatly influenced by that, +that certainly ought never to be devoid of rhythm; but harmony ought +to pervade the whole sentence from beginning to end; and the whole +ought to proceed from the beginning so naturally that the end shall be +consistent with every previous part. But that will not be difficult +to men who have been trained in a good school, who have written many +things, and who have made also all the speeches which they have +delivered without written papers like written speeches. For the +sentence is first composed in the mind; and then words come +immediately: and then they are immediately sent forth by the mind, +than which nothing is more rapid in its movements; so that each falls +into its proper place. And then their regular order is settled by +different terminations in different sentences; and all the expressions +at the beginning and in the middle of the sentence ought to be +composed with reference to the end. For sometimes the torrent of an +oration is rapid; sometimes its progress is moderate; so that from the +very beginning one can see how one wishes to come to the end. Nor is +it in rhythm more than in the other embellishments of a speech that we +behave exactly as poets do; though still, in an oration, we avoid all +resemblance to a poem. + +LX. For there is in both oratory and poetry, first of all the +material, then the execution. The material consists in the words, +the execution in the arrangement of the words. But there are three +divisions of each,--of words there is the metaphorical, the new, and +the old-fashioned; for of appropriate words we say nothing at +present; but of arrangement there are those which we have mentioned, +composition, neatness, and rhythm. But the poets are the most free +and frequent in the use of each; for they use words in a metaphorical +sense not only more frequently, but also more daringly; and they use +old-fashioned words more willingly, and new ones more freely. And the +case with respect to rhythm is the same; in which they are obliged +to comply with a kind of necessity: but still these things must be +understood as being neither too different, nor yet in any respect +united. Accordingly we find that rhythm is not the same in an oration +as in a poem; and that that which is pronounced to be rhythmical in an +oration is not always effected by a strict attention to the rules of +rhythm; but sometimes either by neatness, or by the casual arrangement +of the words. + +Accordingly, if the question is raised as to what is the rhythm of an +oration, it is every sort of rhythm; but one sort is better and more +suitable than another. If the question is, what is the place of this +rhythm? it is in every portion of the words. If you ask where it has +arisen; it has arisen from the pleasure of the ears. If the principle +is sought on which the words are to be arranged; that will be +explained in another place, because that relates to practice, which +was the fourth and last division which we made of the subject. If +the question is, when; always: if, in what place; it consists in +the entire connexion of the words. If we are asked, What is the +circumstance which causes pleasure? we reply, that it is the same +as in verse; the method of which is determined by art; but the ears +themselves define it by their own silent sensations, without any +reference to principles of art. + +LXI. We have said enough of the nature of it. The practice follows; +and that we must discuss with greater accuracy. And in this discussion +inquiry has been made, whether it is in the whole of that rounding of +a sentence which the Greeks call [Greek: periodos], and which we call +"_ambitus_" or "_circuitus_," or "_comprehensio_" or "_continuatio_" +or "_circumscriptio_," or in the beginning only, or in the end, or +in both, that rhythm must be maintained? And, in the next place, as +rhythm appears one thing and a rhythmical sentence another, what is +the difference between them? and again, whether it is proper for +the divisions of a sentence to be equal in every sort of rhythm, or +whether we should make some shorter and some longer; and if so, when, +and why, and in what parts; whether in many or in one; whether in +unequal or equal ones; and when we are to use one, and when the other; +and what words may be most suitably combined together, and how; or +whether there is absolutely no distinction; and, what is most material +to the subject of all things, by what system oratory may be made +rhythmical. We must also explain from whence such a form of words has +arisen; and we must explain what periods it may be becoming to make, +and we must also discuss their parts and sections, if I may so call +them; and inquire whether they have all one appearance and length, or +more than one; and if many, in what place; or when we may use them, +and what kinds it is proper to use; and, lastly, the utility of the +whole kind is to be explained, which indeed is of wider application; +for it is adapted not to any one particular thing, but to many. + +And a man may, without giving replies on each separate point, speak of +the entire genus in such a way that his answer may appear sufficient +as to the whole matter. Leaving, therefore, the other kinds out of the +question, we select this one, which is conversant with actions and the +forum, concerning which we will speak. + +Therefore in other kinds, that is to say, in history and in that kind +of argument which we call [Greek: epideiktikon], it seems good +that everything should be said after the example of Isocrates and +Theopompus, with that sort of period and rounding of a sentence that +the oration shall run on in a sort of circle, until it stops in +separate, perfect, and complete sentences. Therefore after this +_circumscriptio_, or _continuatio_, or _comprehensio_, or _ambitus_, +if we may so call it, was once introduced, there was no one of any +consideration who ever wrote an oration of that kind which was +intended only to give pleasure, and unconnected with judicial +proceedings or forensic contests, who did not reduce almost all his +sentences to a certain set form and rhythm. For, as his hearers are +men who have no fear that their own good faith is being attempted to +be undermined by the snare of a well-arranged oration, they are even +grateful to the orator for studying so much to gratify their ears. + +LXII. But this kind of oratory is neither to be wholly appropriated +to forensic causes, nor is it entirely to be repudiated. For if +you constantly employ it, when it has produced weariness then even +unskilful people can recognise its character. Besides, it takes away +the indignation which is intended to be excited by the pleading; it +takes away the manly sensibility of the pleader; it wholly puts an +end to all truth and good faith. But since it ought to be employed at +times, first of all, we should see in what place; secondly, how long +it is to be maintained; and lastly, in how many ways it may be varied. +We must, then, employ a rhythmical oratory, if we have occasion either +to praise anything in an ornate style,--as we ourselves spoke in the +second book of our impeachment of Verres concerning the praise of +Sicily; and in the senate, of my own consulship; or a narration must +be delivered which requires more dignity than indignation,--as in the +fourth book of that same impeachment we spoke concerning the Ceres of +Enna, the Diana of Segeste, and the situation of Syracuse. Often +also when employed in amplifying a case, an oration is poured forth +harmoniously and volubly with the approbation of all men. That perhaps +we have never quite accomplished; but we have certainly very often +attempted it; as our perorations in many places show that we have, and +indeed that we have been very eager to effect it. But this is most +effective when the hearer is already blockaded, as it were, and taken +prisoner by the speaker. For he then no longer thinks of watching and +guarding against the orator, but he is already on his side; and wishes +him to proceed, admitting the force of his eloquence, and never +thinking of looking for anything with which to find fault. + +But this style is not to be maintained long; I do not mean in the +peroration which it concludes, but in the other divisions of the +speech. For when the orator has employed those topics which I have +shown to be admissible, then the whole of his efforts must be +transferred to what the Greeks call, I know not why, [Greek: kommata] +and [Greek: kola], and which we may translate, though not very +correctly, "incisa" and "membra." For there cannot be well-known +names given to things which are not known; but when we use words in a +metaphorical sense, either for the sake of sweetness or because of the +poverty of the language, this result takes place in every art, that +when we have got to speak of that which, on account of our ignorance +of its existence, had no name at all previously, necessity compels +us either to coin a new word, or to borrow a name from something +resembling it. + +LXIII. But we will consider hereafter in what way sentences ought to +be expressed in short clauses or members. At present we must explain +in how many ways those different conclusions and terminations may be +changed. Rhythm flows in from the beginning, at first more rapidly, +from the shortness of the feet employed, and afterwards more slowly as +they increase in length. Disputes require rapidity; slowness is better +suited to explanations. But a period is terminated in many ways; one +of which has gained especial favour in Asia, which is called the +_dichoreus_, when the two last feet are _chorei_, consisting each of +one long and one short syllable; for we must explain that the same +feet have different names given them by different people. Now that +dichoreus is not inherently defective as part of a clause, but in the +rhythm of an orator there is nothing so vicious as to have the same +thing constantly recurring. By itself now and then it sounds very +well, on which account we have the more reason to guard against +satiety. I was present when Caius Carbo, the son of Caius, a tribune +of the people, uttered these words in the assembly of the people: + +"O Maree Druse, patrem appello." + +Here are two clauses, each of two feet. Then he gave us some more +periods: + +"Tu dicere solebas, sacram esse rempublicam." + +Here each clause consists of three feet. Then comes the conclusion: + +"Quicunque eam violavissent ab omnibus esse ei poenas persolutas." + +Here is the dichoreus;--for it does not signify whether the last +syllable is long or short. Then comes, + +"Patris dictum sapiens, temeritas filii comprobavit." + +And this last dichoreus excited such an outcry as to be quite +marvellous. I ask, was it not the rhythm which caused it? Change the +order of the words; let them stand thus: + +"Comprobavit filii temeritas:" + +there will be no harm in that, though _temeritas_ consists of three +short syllables and one long one; which Aristotle considers as the +best sort of word to end a sentence, in which I do not agree with him. +But still the words are the same, and the meaning is the same. That is +enough for the mind, but not enough for the ears. But this ought not +to be done too often. For at first rhythm is acknowledged; presently +it wearies; afterwards, when the ease with which it is produced is +known, it is despised. + +LXIV. But there are many little clauses which sound rhythmically and +agreeably. For there is the cretic, which consists of a long syllable, +then a short one, then a long; and there is its equivalent the paeon; +which is equal in time, but longer by one syllable; and which is +considered a very convenient foot to be used in prose, as it is of two +kinds. For it consists either of one long syllable and three short +ones, which rhythm is admirable at the beginning of a sentence, but +languid at the end; or of three short syllables and then the long one, +which the ancients consider the most musical foot of the two: I do not +object to it; though there are other feet which I prefer. Even the +spondee is not utterly to be repudiated; although, because it consists +of two long syllables, it appears somewhat dull and slow; still it +has a certain steady march not devoid of dignity; but much more is it +valuable in short clauses and periods; for then it makes up for the +fewness of the feet by its dignified slowness. But when I am speaking +of these feet as occurring in clauses, I do not speak of the one +foot which occurs at the end; I add (which however is not of much +consequence) the preceding foot, and very often even the foot before +that. Even the iambic, which consists of one short and one long +syllable; or that foot which is equal to the choreus, having three +short syllables, being therefore equal in time though not in the +number of syllables; or the dactyl, which consists of one long and two +short syllables, if it is next to the last foot, joins that foot very +trippingly, if it is a choreus or a spondee. For it never makes any +difference which of these two is the last foot of a sentence. But +these same three feet end a sentence very badly if one of them is +placed at the end, unless the dactyl comes at the end instead of a +cretic; for it does not signify whether the dactyl or the cretic comes +at the end, because it does not signify even in verse whether the last +syllable of all is long or short. Wherefore, whoever said that that +paeon was more suitable in which the last syllable was long, made a +great mistake; since it has nothing to do with the matter whether the +last syllable is long or not. And indeed the paeon, as having more +syllables than three, is considered by some people as a rhythm, and +not a foot at all. It is, as is agreed upon by all the ancients, +Aristotle, Theophrastus, Theodectes, and Ephorus, the most suitable +of all for an oration, either at the beginning or in the middle; they +think that it is very suitable for it at the end also; in which place +the cretic appears to me to be better. But a dochmiac consists of +five syllables, one short, two long, one short, and one long; as +thus:--_[)A]m[=i]c[=o]s t[)e]n[=e]s_; and is suitable for any part +of the speech, as long as it is used only once. If repeated or often +renewed it then makes the rhythm conspicuous and too remarkable. If +we use these changes, numerous and varied as they are, it will not be +seen how much of our rhythm is the result of study, and we shall avoid +wearying our hearers. + +LXV. And because it is not only rhythm which makes a speech +rhythmical, but since that effect is produced also by the arrangement +of the words, and by a kind of neatness, as has been said before, it +may be understood by the arrangement when words are so placed that +rhythm does not appear to have been purposely aimed at, but to have +resulted naturally, as it is said by Crassus:-- + +"Nam ubi libido dominatur innocentiae leve praesidium est." + +For here the order of the words produces rhythm without any apparent +design on the part of the orator. Therefore, the suitable and +rhythmical sentences which occur in the works of the ancients, I mean +Herodotus, and Thucydides, and all the writers of that age, were +produced, not by any deliberate pursuit of rhythm, but by the +arrangement of the words. For there are some forms of oratory in which +there is so much neatness, that rhythm unavoidably follows. For when +like is referred to like, or contrary opposed to contrary, or when +words which sound alike are compared to other words, whatever sentence +is wound up in that manner must usually sound rhythmically. And of +this kind of sentence we have already spoken and given instances, so +that this abundance of kinds enables a man to avoid always ending a +sentence in the same manner. + +Nor are these rules so strict and precise that we are unable to relax +them when we wish to. It makes a great difference whether an oration +is rhythmical--that is to say, like rhythm--or whether it consists of +nothing but rhythm. If it is the latter, that is an intolerable fault; +if it is not the former, then it is unconnected, and barbarous, and +languid. + +LXVI. But since it is not only not a frequent occurrence, but actually +even a rare one, that we ought to speak in compressed and rhythmical +periods, in serious or forensic causes, it appears to follow that we +ought to consider what these clauses and short members which I have +spoken of are. For in serious causes they occupy the greater part of +the speech. For a full and perfect period consists of four divisions, +which we call members, so as to fill the ears, and not be either +shorter or longer than is just sufficient. Although each of those +defects does happen sometimes, or indeed often, so that it is +necessary either to stop abruptly, or else to proceed further, lest +our brevity should appear to have cheated the ears of our hearers, or +our prolixity to have exhausted them. But I prefer a middle course; +for I am not speaking of verse, and oratory is not so much confined. A +full period, then, consists of four divisions, like hexameter verses. +In each of these verses, then, there are visible the links, as it +were, of the connected series which we unite in the conclusion. But if +we choose to speak in a succession of short clauses, we stop, and when +it is necessary, we easily and frequently separate ourselves from that +sort of march which is apt to excite dislike; but nothing ought to +be so rhythmical as this, which is the least visible and the most +efficacious. Of this kind is that sentence which was spoken by +Crassus:-- + +"Missos faciant patronos; ipsi prodeant." + +If he had not paused before "ipsi prodeant," he would have at once +seen that an iambic had escaped him,--"prodeant ipsi" would sound in +every respect better. But at present I am speaking of the whole kind. + + + "Cur clandestinis consiliis nos oppugnant? + Cur de perfugis nostris copias comparant inter nos?" + + +The first two are such sentences as the Greeks call [Greek: kommata], +and we "incisa." The third is such as they term [Greek: kolon], and we +"membrum." Then comes a short clause; for a perfect conclusion is made +up of two verses, that is to say members, and falls into spondees. And +Crassus was very much in the habit of employing this termination, and +I myself have a good opinion of this style of speaking. + +LXVII. But those sentiments which are delivered in short clauses, or +members, ought to sound very harmoniously, as in a speech of mine you +will find:-- + +"Domus tibi deerat? at habebas. Pecunia superabat? at egebas." + +These four clauses are as concise as can be; but then come the two +following sentences uttered in members:-- + +"Incurristi amens in columnas: in alienos insanus insanîsti." + +After these clauses everything is sustained by a longer class of +sentences, as if they were erected on these as their pedestal:-- + +"Depressam, caecam, jacentem domum pluris, quam te, et quam fortunas +tuas, aestimâsti." + +It is ended with a dichoreus; but the next sentence terminates with a +double spondee. For in those feet which speakers should use at times +like little daggers, the very brevity makes the feet more free. For we +often must use them separately, often two together, and a part of a +foot may be added to each foot, but not often in combinations of +more than three. But an oration when delivered in brief clauses and +members, is very forcible in serious causes, especially when you +are accusing or refuting an accusation, as in my second Cornelian +speech:-- + +"O callidos homines! O rem excogitatam! O ingenia metuenda!" + +Hitherto this is spoken in members. After that we spoke in short +clauses. Then again in members:-- + +"Testes dare volumus." + +At last comes the conclusion, but one made up of two members, than +which nothing can be more concise:-- + +"Quem, quaeso, nostrûm fefellit, ita vos esse facturos?" + +Nor is there any style of speaking more lively or more forcible than +that which strikes with two or three words, sometimes with single +words; very seldom with more than two or three, and among these +various clauses there is occasionally inserted a rhythmical period. +And Hegesias, who perversely avoided this usage, while seeking to +imitate Lysias, who is almost a second Demosthenes, dividing his +sentences into little bits, was more like a dancer than an orator. And +he, indeed, errs not less in his sentences than in his single words, +so that a man who knows him has no need to look about for some +one whom he may call foolish. But I have cited those sentences of +Crassus's and my own, in order that whoever chose might judge by his +own ears what was rhythmical even in the most insignificant portions +of a speech. And since we have said more about rhythmical oratory +than any one of those who have preceded us, we will now speak of the +usefulness of that style. + +LXVIII. For speaking beautifully and like an orator is, O Brutus, +nothing else (as you, indeed, know better than any one) except +speaking with the most excellent sentiments and in the most carefully +selected language. And there is no sentiment which produces any fruit +to an orator, unless it is expressed in a suitable and polished +manner. Nor is there any brilliancy of words visible unless they +are carefully arranged; and rhythm it is which sets off both these +excellences. But rhythm (for it is well to repeat this frequently) is +not only not formed in a poetical manner, but even avoids poetry, and +is as unlike it as possible. Not but that rhythm is the same thing, +not only in the writings of orators and poets, but even in the +conversation of every one who speaks, and in every imaginable sound +which we can measure with our ears. But it is the order of the feet +which makes that which is uttered appear like an oration or like +a poem. And this, whether you choose to call it composition, or +perfection, or rhythm, must be employed if a man wishes to speak +elegantly, not only (as Aristotle and Theophrastus say) that the +discourse may not run on interminably like a river, but that it may +come to a stop as it ought, not because the speaker wants to take +breath, or because the copyist puts down a stop, but because it is +compelled to do so by the restrictions of rhythm, and also because a +compact style has much greater force than a loose one. For as we see +athletes, and in a similar manner gladiators, act cautiously, neither +avoiding nor aiming at anything with too much vehemence, (for +over-vehement motions can have no rule;) so that whatever they do in +a manner advantageous for their contest, may also have a graceful and +pleasing appearance; in like manner oratory does not strike a heavy +blow, unless the aim was a well-directed one; nor does it avoid the +attack of the adversary successfully, unless even when turning aside +the blow it is aware of what is becoming. And therefore the speeches +of those men who do not end their sentences rhythmically seem to me +like the motions of those whom the Greeks call [hapalaistrous]. And it +is so far from being the case, (as those men say who, either from a +want of proper instructors, or from the slowness of their intellect, +or from an unwillingness to exert due industry, have not arrived at +this skill,) that oratory is enervated by too much attention to the +arrangement of words, that without it there can be no energy and no +force. + +LXIX. But the matter is one which requires much practice, lest we +should do anything like those men who, though they have aimed at this +style, have not attained it; so that we must not openly transpose our +words in order to make our language sound better; a thing which Lucius +Coelius Antipater, in the opening of his history of the Punic War, +promises not to do unless it should be absolutely necessary. Oh the +simple man! to conceal nothing from us; and at the same time wise, +inasmuch as he is prepared to comply with necessity. But still this is +being too simple. But in writing or in sober discussion the excuse of +necessity is not admissible, for there is no such thing as necessity; +and if there were, it would still be necessary not to admit it. And +this very man who demands this indulgence of Laelius, to whom he is +writing, and to whom he is excusing himself, uses this transposition +of words, and yet does not fill up and conclude his sentences any the +more skilfully. Among others, and especially among the Asiatics, who +are perfect slaves to rhythm, you may find many superfluous words +inserted, as if on purpose to fill up vacancies in rhythm. There +are men also, who through that fault, which originated chiefly with +Hegesias, by breaking up abruptly, and cutting short their rhythm, +have fallen into an abject style of speaking, very much like that of +the Sicilians. There is a third kind adopted by those brothers, the +chiefs of the Asiatic rhetoricians, Hierocles and Maecles, men who are +not at all to be despised, in my opinion at least. For although they +do not quite keep to the real form of oratory and to the principles +of the Attic orators, still they make amends for this fault by their +ability and fluency. Still there was no variety in them, because +nearly all their sentences were terminated in one manner. + +But a man who avoids all these faults, so as neither to transpose +words in such a manner that every one must see that it is done on +purpose, nor cramming in unnecessary words, as if to fill up leaks, +nor aiming at petty rhythm, so as to mutilate and emasculate his +sentences, and who does not always stick to one kind of rhythm without +any variation, such a man avoids nearly every fault. For we have said +a good deal on the subject of perfections, to which these manifest +defects are contrary. + +LXX. But how important a thing it is to speak harmoniously, you may +know by experience if you dissolve the carefully-contrived arrangement +of a skilful orator by a transposition of his words; for then the +whole thing would be spoilt, as in this instance of our language in +the Cornelian oration, and in all the following sentences:-- + +"Neque me divitiae movent, quibus omnes Africanos et Laelios milt, +venalitii mercatoresque superârunt." + +Change the order a little, so that the sentence shall stand, + +"Multi superârunt mercatores venalitiique," + +and the whole effect is lost. And the subsequent sentences: + +"Neque vestis, ant caelatum aurum et argentum, quo nostros veteres +Marcellos Maximosque multi eunuchi e Syriâ aegyptoque vicerunt." + +Alter the order of the words, so that they shall stand, + +"Vicerunt eunuchi e Syriâ aegyptoque." + +Take this third sentence:-- + +"Neque vero ornamenta ista villarum, quibus Lucium Paullum et Lucium +Mummium, qui rebus his urbem Italiamque omnem referserunt, ab aliquo +video perfacile Deliaco aut Syro potuisse superari." + +Place the words thus:-- + +"Potuisse superari ab aliquo Syro aut Deliaco." + +Do you not see that by making this slight change in the order of the +words, the very same words (though the sense remains as it was before) +lose all their effect the moment they are disjoined from those which +were best suited to them? + +Or if you take any carelessly-constructed sentence of any unpolished +orator, and reduce it into proper shape, by making a slight alteration +in the order of his words, then that will be made harmonious which +was before loose and unmethodical Come now, take a sentence from the +speech of Gracchus before the censors:-- + +"Obesse non potest, quin ejusdem hominis sit, probos improbare, qui +improbos probet." + +How much better would it have been if he had said, + +"Quin ejusdem hominis sit, qui improbos probet, probos improbare!" + +No one ever had any objection to speaking in this manner; and no one +was ever able to do so who did not do it. But those who have spoken in +a different manner have not been able to arrive at this excellence. +And so on a sudden they have set up for orators of the Attic school. +As if Demosthenes was a man of Tralles; but even his thunderbolts +would not have shone so if they had not been pointed by rhythm. + +LXXI. But if there be any one who prefers a loose style of oratory, +let him cultivate it; keeping in view this principle,--if any one were +to take to pieces the shield of Phidias, he would destroy the beauty +of the collective arrangement, not the exquisite workmanship of each +fragment: and as in Thucydides I only miss the roundness of his +periods; all the graces of style are there. But these men, when +they compose a loose oration, in which there is no matter, and no +expression which is not a low one, appear to me to be taking to +pieces, not a shield, but, as the proverb says, (which, though but a +low one, is still very apt,) only a broom. And in order that there may +be no mistake as to their contempt of this style which I am praising, +let them write something either in the style of Isocrates, or in that +which Aeschines or Demosthenes employs, and then I will believe that +they have not shrunk from this style out of despair of being able to +arrive at it, but that they have avoided it deliberately on account of +their bad opinion of it: or else I will find a man myself who may be +willing to be bound by this condition,--either to say or write, in +whichever language you please, in the style which those men prefer. +For it is easier to disunite what is connected than to connect what is +disjointedly strung together. + +However, the fact is, (to be brief in explaining my real opinion,) to +speak in a well-arranged and suitable manner without good ideas is to +act like a madman. But to speak in a sententious manner, without any +order or method in one's language, is to behave like a child: but +still it is childishness of that sort, that those who employ it cannot +be considered stupid men, and indeed may often be accounted wise men. +And if a man is contented with that sort of character, why let him +speak in that way. But the eloquent man, who, if his subject will +allow it, ought to excite not only approbation, but admiration and +loud applause, ought to excel in everything to such a degree, that +he should think it discreditable that anything should be beheld or +listened to more gladly than his speech. + +You have here, O Brutus, my opinion respecting an orator. If you +approve of it, follow it; or else adhere to your own, if you have +formed any settled opinion on the subject. And I shall not be offended +with you, nor will I affirm that this opinion of mine which I have +asserted so positively in this book is more correct than yours; for it +is possible not only that my opinion should be different from yours, +but even that my own may be different at different times. And not +only in this matter, which has reference to gaining the assent of the +common people and to the pleasure of the ears, which are two of the +most unimportant points as far as judgment is concerned; but even in +the most important affairs, I have never found anything firmer to take +hold of, or to guide my judgment by, than the extremity of probability +as it appeared to me, when actual truth was hidden or obscure. + +But I wish that you, if you do not approve entirely of the things +which I have urged in this treatise, would believe either that I +proposed to myself a work of too great difficulty for me to accomplish +properly, or else that, while wishing to comply with your request, I +undertook the impudent task of writing this, from being ashamed to +refuse you. + + + + +THE TREATISE OF M. T. CICERO ON TOPICS, + +DEDICATED TO CAIUS TREBATIUS. + + * * * * * + +THE ARGUMENT. + + +This treatise was written a short time before the events which gave +rise to the first Philippic. Cicero obtained an honorary lieutenancy, +with the intention of visiting his son at Athens; on his way towards +Rhegium he spent an evening at Velia with Trebatius, where he began +this treatise, which he finished at sea, before he arrived in Greece. +It is little more than an abstract of what had been written by +Aristotle on the same subject, and which Trebatius had begged him to +explain to him; and Middleton says, that as he had not Aristotle's +essay with him, he drew this up from memory, and he appears to have +finished it in a week, as it was the nineteenth of July that he was +at Velia, and he sent this work to Trebatius from Rhegium on the +twenty-seventh. He himself apologizes to Trebatius in the letter which +accompanied it, (Ep. Fam. vii. 19,) for its obscurity, which however, +he says, was unavoidably caused by the nature of the subject. + +I. We had begun to write, O Caius Trebatius, on subjects more +important and more worthy of these books, of which we have published a +sufficient number in a short time, when your request recalled me from +my course. For when you were with me in my Tusculan villa, and when +each of us was separately in the library opening such books as were +suited to our respective tastes and studies, you fell on a treatise of +Aristotle's called the Topics; which he has explained in many books; +and, excited by the title, you immediately asked me to explain to you +the doctrines laid down in those books. And when I had explained them +to you, and told you that the system for the discovery of arguments +was contained in them, in order that we might arrive, without making +any mistake, at the system on which they rested by the way discovered +by Aristotle, you urged me, modestly indeed, as you do everything, +but still in a way which let me plainly see your eagerness to be +gratified, to make you master of the whole of Aristotle's method. +And when I exhorted you, (not so much for the sake of saving myself +trouble, as because I really thought it advantageous for you +yourself,) either to read them yourself, or to get the whole system +explained to you by some learned rhetorician, you told me that you had +already tried both methods. But the obscurity of the subject deterred +you from the books; and that illustrious rhetorician to whom you had +applied answered you, I suppose, that he knew nothing of these rules +of Aristotle. And this I was not so much surprised at, namely, that +that philosopher was not known to the rhetorician, inasmuch as he is +not much known even to philosophers, except to a very few. + +And such ignorance is the less excusable in them, because they +not only ought to have been allured by those things which he has +discovered and explained, but also by the incredible richness and +sweetness of his eloquence. I could not therefore remain any longer in +your debt, since you often made me this request, and yet appeared to +fear being troublesome to me, (for I could easily see that,) lest I +should appear unjust to him who is the very interpreter of the law. +In truth, as you had often written many things for me and mine, I was +afraid that if I delayed obliging you in this, it would appear very +ungrateful or very arrogant conduct on my part. But while we were +together, you yourself are the best witness of how I was occupied; but +after I left you, on my way into Greece, when neither the republic +nor any friends were occupying my attention, and when I could not +honourably remain amid the armies, (not even if I could have done so +safely,) as soon as I came to Velia and beheld your house and your +family, I was reminded of this debt; and would no longer be wanting +to your silent request. Therefore, as I had no books with me, I have +written these pages on my voyage, from memory; and I have sent them to +you while on my journey, in order that by my diligence in obeying your +commands, I might rouse you to a recollection of my affairs, although +you do not require a reminder. But, however, it is time to come to the +object which we have undertaken. + +II. As every careful method of arguing has two divisions,--one of +discovering, one of deciding,--Aristotle was, as it appears to me, the +chief discoverer of each. But the Stoics also have devoted some pains +to the latter, for they have diligently considered the methods of +carrying on a discussion by that science which they call dialectics; +but the art of discovering arguments, which is called topics, and +which was more serviceable for practical use, and certainly prior in +the order of nature, they have wholly disregarded. But we, since both +parts are of the greatest utility, and since we intend to examine +each if we have time, will now begin with that which is naturally the +first. + +As therefore the discovery of those things which are hidden is easy, +if the place where they are hidden is pointed out and clearly marked; +so, when we wish to examine any argument, we ought to know the +topics,--for so they are called by Aristotle, being, as it were, +seats from which arguments are derived. Therefore we may give as a +definition, that a topic is the seat of an argument, and that an +argument is a reason which causes men to believe a thing which would +otherwise be doubtful. But of those topics in which arguments are +contained, some dwell on that particular point which is the subject of +discussion; some are derived from external circumstances. When derived +from the subject itself, they proceed at times from it taken as a +whole, at times from its parts, at times from some sign, and at others +from things which are disposed in some manner or other towards the +subject under discussion; but those topics are derived from external +circumstances which are at a distance and far removed from the same +subject. + +But a definition is employed with reference to the entire matter under +discussion which unfolds the matter which is the subject of inquiry as +if it had been previously enveloped in mystery. The formula of that +argument is of this sort: "Civil law is equity established among men +who belong to the same city, for the purpose of insuring each man in +the possession of his property and rights: and the knowledge of this +equity is useful: therefore the knowledge of civil law is useful." +Then comes the enumeration of the parts, which is dealt with in this +manner: "If a slave has not been declared free either by the censor, +or by the praetor's rod, or by the will of his master, he is not free: +but none of those things is the case: therefore he is not free." Then +comes the sign; when some argument is derived from the meaning of a +word, in this way:--As the Aelian Sentian law orders an assiduus[63] to +support an assiduus, it orders a rich man to support a rich man, for a +rich man is an assiduus, called so, as Aelius says, from _asse dando_. + +III. Arguments are also derived from things which bear some kind of +relation to that which is the object of discussion. But this kind is +distributed under many heads; for we call some connected with one +another either by nature, or by their form, or by their resemblance to +one another, or by their differences, or by their contrariety to +one another, or by adjuncts, or by their antecedents, or by their +consequents, or by what is opposed to each of them, or by causes, or +by effects, or by a comparison with what is greater, or equal, or +less. + +Arguments are said to be connected together which are derived from +words of the same kind. But words are of the same kind which, +originating from one word, are altered in various ways; as, "_sapiens, +sapienter, sapientia_." The connexion of these words is called [Greek: +suxugia]; from which arises an argument of this kind: "If the land is +common, every one has a right to feed his cattle on it." + +An argument is derived from the kind of word, thus: "Since all the +money has been bequeathed to the woman, it is impossible that +that ready money which was left in the house should not have been +bequeathed. For the species is never separated from the genus as long +as it retains its name: but ready money retains the name of money: +therefore it is plain that it was bequeathed." + +An argument is derived from the species, which we may sometimes name, +in order that it may be more clearly understood; in this manner: "If +the money was bequeathed to Fabia by her husband, on the supposition +that she was the mother of his family; if she was not his wife, then +nothing is due to her." For the wife is the genus: there are two kinds +of wife; one being those mothers of a family which become wives by +_coemptio_; the other kind are those which are only considered wives: +and as Fabia was one of those last, it appears that nothing was +bequeathed to her. + +An argument is derived from similarity, in this way: "If those houses +have fallen down, or got into disrepair, a life-interest in which is +bequeathed to some one, the heir is not bound to restore or to repair +them, any more than he is bound to replace a slave, if a slave, a +life-interest in whom has been bequeathed to some one, has died." + +An argument is derived from difference, thus: "It does not follow, if +a man has bequeathed to his wife all the money which belonged to him, +that therefore he bequeathed all which was down in his books as due to +him; for there is a great difference whether the money is laid up in +his strong box, or set down as due in his accounts." + +An argument is derived from contraries, thus: "That woman to whom her +husband has left a life-interest in all his property, has no right, if +his cellars of wine and oil are left full, to think that they belong +to her; for the use of them is what has been bequeathed to her, and +not the misuse: and they are contrary to one another." + +IV. An argument is derived from adjuncts, thus: "If a woman has made +a will who has never given up her liberty by marriage, it does not +appear that possession ought to be given by the edict of the praetor +to the legatee under that will; for it is added, that in that case +possession would seem proper to be given by that same edict, according +to the wills of slaves, or exiles, or infants." + +Arguments are derived from antecedents, and consequents, and +contradictories, in this way. From antecedents: "If a divorce has been +caused by the fault of the husband, although the woman has demanded +it, still she is not bound to leave any of her dowry for her +children." + +From consequents: "If a woman having married a man with whom she had +no right of intermarriage, has demanded a divorce, since the children +who have been born do not follow their father, the father has no right +to keep back any portion of the woman's dowry." + +From contradictories: "If the head of a family has left to his wife in +reversion after his son the life-interest in the female slaves, and +has made no mention of any other reversionary heir, if the son dies, +the woman shall not lose her life-interest. For that which has once +been given to any one by will, cannot be taken away from the +legatee to whom it has been given without his consent; for it is a +contradiction for any one to have a right to receive a thing, and yet +to be forced to give it up against his will." + +An argument is derived from efficient causes, in this way: "All men +have a right to add to a common party wall, a wall extending its whole +length, either solid or on arches; but if any one in demolishing the +common wall should promise to pay for any damages which may arise from +his action, he will not be bound to pay for any damage sustained or +caused by such arches: for the damage has been done, not by the party +which demolished the common wall, but in consequence of some fault in +the work, which was built in such a manner as to be unable to support +itself." + +An argument is derived from what has been done, in this way: "When a +woman becomes the wife of a man, everything which has belonged to +the woman now becomes the property of the husband under the name of +dowry." + +But in the way of comparison there are many kinds of valid arguments; +in this way: "That which is valid in a greater affair, ought to be +valid in a less: so that, if the law does not regulate the limits in +the city, still more will it not compel any one to turn off the water +in the city." Again, on the other hand: "Whatever is valid in a +smaller matter ought to be valid also in a greater one. One may +convert the preceding example." Also, "That which is valid in a +parallel case ought to be valid in this which is a parallel case." As, +"Since the usurpation of a farm depends on a term of two years, the +law with respect to houses ought to be the same." But in the law +houses are not mentioned, and so they are supposed to come under the +same class as all other things, the property in which is determined by +one year's use. Equity then must prevail, which requires similar laws +in similar cases.[64] + +But those arguments which are derived from external circumstances +are deduced chiefly from authority. Therefore the Greeks call +argumentations of that kind [Greek: atechuoi], that is, devoid of +art. As if you were to answer in this way:--"In the case of some one +building a roof for the purpose of covering a common wall, Publius +Scaevola asserted that there was no right of carrying that roof so +far that the water which ran off it should run on to any part of any +building which did not belong to the owner of the roof. This I affirm +to be law." + +V. By these topics then which have been explained, a means of +discovering and proving every sort of argument is supplied, as if they +were elements of argument. Have we then said enough up to this point? +I think we have, as far at least as you, an acute man and one deeply +skilled in law, are concerned. But since I have to deal with a man who +is very greedy when the feast in question is one of learning, I will +prosecute the subject so that I will rather put forth something more +than is necessary, than allow you to depart unsatisfied. As, then, +each separate one of those topics which I have mentioned has its own +proper members, I will follow them out as accurately as I can; and +first of all I will speak of the definition itself. + +Definition is a speech which explains that which is defined. But of +definitions there are two principal kinds: one, of those things which +exist; the other, of those which are understood. The things which I +call existing are those which can be seen or touched; as a farm, a +house, a wall, a gutter, a slave, an ox, furniture, provisions, and so +on; of which kind of things some require at times to be defined by us. +Those things, again, I say have no existence, which are incapable of +being touched or proved, but which can be perceived by the mind +and understood; as if you were to define usucaption, guardianship, +nationality, or relationship; all, things which have no body, but +which nevertheless have a certain conformation plainly marked out and +impressed upon the mind, which I call the notion of them. They often +require to be explained by definition while we are arguing about them. + +And again, there are definitions by partition, and others by division: +by partition, when the matter which is to be defined is separated, as +it were, into different members; as if any one were to say that civil +law was that which consists of laws, resolutions of the senate, +precedents, the authority of lawyers, the edicts of magistrates, +custom, and equity. But a definition by division embraces every form +which comes under the entire genus which is defined; in this way: +"Alienation is the surrender of anything which is a man's private +property, or a legal cession of it to men who are able by law to avail +themselves of such cession." + +VI. There are also other kinds of definitions, but they have no +connexion with the subject of this book; we have only got to say what +is the manner of expressing a definition. This, then, is what the +ancients prescribe: that when you have taken those things which are +common to the thing which you wish to define with other things, you +must pursue them till you make out of them altogether some peculiar +property which cannot be transferred to anything else. As this: "An +inheritance is money." Up to this point the definition is common, for +there are many kinds of money. Add what follows: "which by somebody's +death comes to some one else." It is not yet a definition, for +money belonging to the dead can be possessed in many ways without +inheritance. Add one word, "lawfully." By this time the matter will +appear distinguished from general terms, so that the definition may +stand thus:--"An inheritance is money which by somebody's death has +lawfully come to some one else." It is not enough yet. Add, "without +being either bequeathed by will, or held as some one else's property." +The definition is complete. Again, take this:--"Those are _gentiles_ +who are of the same name as one another." That is insufficient. "And +who are born of noble blood." Even that is not enough. "Who have never +had any ancestor in the condition of a slave." Something is still +wanting. "Who have never parted with their franchise." This, perhaps, +may do. For I am not aware that Scaevola, the pontiff, added anything +to this definition. And this principle holds good in each kind of +definition, whether the thing to be defined is something which exists, +or something which is understood. + +VII. But we have shown now what is meant by partition, and by +division. But it is necessary to explain more clearly wherein +they differ. In partition, there are as it were members; as of a +body--head, shoulders, hands, sides, legs, feet, and so on. In +division there are forms which the Greeks call [Greek: ideae]; our +countrymen who treat of such subjects call them species. And it is not +a bad name, though it is an inconvenient one if we want to use it in +different cases. For even if it were Latin to use such words, I +should not like to say _specierum_ and _speciebus_. And we have often +occasion to use these cases. But I have no such objection to saying +_formarum_ and _formis_; and as the meaning of each word is the same, +I do not think that convenience of sound is wholly to be neglected. + +Men define genus and species or form in this manner:--"Genus is +a notion relating to many differences. Species is a notion, the +difference of which can be referred to the head and as it were +fountain of the genus." I mean by notion that which the Greeks call +sometimes [Greek: _ennoia_], and sometimes [Greek: _enoprolaepsis_]. +It is knowledge implanted and previously acquired of each separate +thing, but one which requires development. Species, then, are those +forms into which genus is divided without any single one being +omitted; as if any one were to divide justice into law, custom, and +equity. A person who thinks that species are the same things as parts, +is confounding the art; and being perplexed by some resemblance, +he does not distinguish with sufficient acuteness what ought to be +distinguished. Often, also, both orators and poets define by metaphor, +relying on some verbal resemblance, and indeed not without giving a +certain degree of pleasure. But I will not depart from your examples +unless I am actually compelled to do so. + +Aquillius, then, my colleague and intimate friend, was accustomed, +when there was any discussion about shores, (all of which you lawyers +insist upon it are public,) to define them to men who asked to whom +that which was shore belonged, in this way: "Wherever the waves +dashed;" that is, as if a man were to define youth as the flower of +a man's age, or old age as the setting of life. Using a metaphor, he +departs from the words proper to the matter in hand and to his own +art. This is enough as to definition. Let us now consider the other +points. + +VIII. But we must employ partition in such a manner as to omit no part +whatever. As if you wish to partition guardianship, you would act +ignorantly if you were to omit any kind. But if you were partitioning +off the different formulas of stipulations or judicial decisions, then +it is not a fault to omit something in a matter which is of boundless +extent. But in division it is a fault; for there is a settled number +of species which are subordinate to each genus. The distribution of +the parts is often more interminable still, like the drawing streams +from a fountain. Therefore in the art of an orator, when the genus +of a question is once laid down, the number of its species is added +absolutely; but when rules are given concerning the embellishments of +words and sentences, which are called [Greek: _schaemata_], the case +is different; for the circumstances are more infinite: so that it may +be understood from this also what the difference is which we assert to +exist between partition and division. For although the words appear +nearly equivalent to one another still, because the things are +different, the expressions are also established as not synonymous to +one another. + +Many arguments are also derived from observation, and that is when +they are deduced from the meaning of a word, which the Greeks call +[Greek: _etumologia_]; or as we might translate it, word for word, +_veriloquium_. But we, while avoiding the novel appearance of a word +which is not very suitable, call this kind of argument _notatio_, +because words are the notes by which we distinguish things. And +therefore Aristotle calls the same source of argument [Greek: +_sunbolou_], which is equivalent to the Latin _nota_. But when it is +known what is meant we need not be so particular about the name. In +a discussion then, many arguments are derived from words by means +of observation; as when the question is asked, what is a +_postliminium_--(I do not mean what are the objects to which this word +applies, for that would be division, which is something of this sort: +"_Postliminium_ applies to a man, a ship, a mule with panniers, a +horse, a mare who is accustomed to be bridled")--but when the meaning +of the word itself, _postliminium_, is asked, and when the word itself +is observed. And in this our countryman, Servius, as it seems, thinks +that there is nothing to be observed except _post_, and he insists +upon it that _liminium_ is a mere extension of the word; as in +_finitimus, legitimus, ceditimus, timus_ has no more meaning than +_tullius_ has in _meditullius_. + +But Scaevola, the son of Publius Scaeaevola, thinks the word is a +compound one, so that it is made up of _post_ and _limen_. So that +those things which have been alienated from us, when they have come +into the possession of our enemies, and, as it were, departed from +their own threshold, then when they have returned behind that same +threshold, appear to have returned _postliminio_. By which definition +even the cause of Mancinus may be defended by saying that he returned +_postliminio_,--that he was not surrendered, inasmuch as he was not +received. For that no surrender and no gift can be understood to have +taken place if there has been no reception of it. + +IX. We next come to that topic which is derived from those things +which are disposed in some way or other to that thing which is the +subject of discussion. And I said just now that it was divided into +many parts. And the first topic is derived from combination, which the +Greeks call [Greek: sizugia], being a kindred thing to observation, +which we have just been discussing, as, if we were only to understand +that to be rain-water which we saw to have been collected from rain, +Mucius would come, who, because the words _pluna_ and _pluendo_ were +akin, would say that all water ought to be kept out which had been +increased by raining. But when an argument is derived from a genus, +then it will not be necessary to trace it back to its origin, we may +often stop on this side of that point, provided that which is deduced +is higher than that for which it is deduced, as, "Rain water in its +ultimate genus is that which descends from heaven and is increased by +showers," but in reference to its more proximate sense, under which +the right of keeping it off is comprised, the genus is, mischievous +rain water. The subordinate species of that genus are waters which +injure through a natural defect of the place, or those which are +injurious on account of the works of man: for one of these kinds may +be restrained by an arbitrator, but not the other. + +Again, this argumentation is handled very advantageously, which is +derived from a species when you pursue all the separate parts by +tracing them back to the whole, in this way "If that is _dolus malus_ +when one thing is aimed at, and another pretended," we may enumerate +the different modes in which that can be done, and then under some one +of them we may range that which we are trying to prove has been done +_dolo malo_. And that kind of argument is usually accounted one of the +most irrefragable of all. + +X. The next thing is similarity, which is a very extensive topic, but +one more useful for orators and for philosophers than for men of +your profession. For although all topics belong to every kind of +discussion, so as to supply arguments for each, still they occurs more +abundantly in discussions on some subjects, and more sparingly in +others. Therefore the genera are known to you, but when you are to +employ them the questions themselves will instruct you. For there are +resemblances which by means of comparisons arrive at the point they +aim at, in this manner. "If a guardian is bound to behave with good +faith, and a partner, and any one to whom you have entrusted anything, +and any one who has undertaken a trust then so ought an agent." This +argument, arriving at the point at which it aims by a comparison of +many instances, is called induction, which in Greek is called [Greek: +_ipago_]. and it is the kind of argument which Socrates employed a +great deal in his discourses. + +Another kind of resemblance is obtained by comparison, when one thing +is compared to some other single thing, and like to like, in this way +"As if in any city there is a dispute as to boundaries because the +boundaries of fields appear more extensive than those of cities, you +may find it impossible to bring an arbitrator to settle the question +of boundaries, so if rain water is injurious in a city, since the +whole matter is one more for country magistrates, you may not be +able to bring an arbitrator to settle the question of keeping off +rain-water" Again, from the same topic of resemblance, examples are +derived, as, "Crassus in Cunus's trial used many examples, speaking of +the man who by his will had appointed his heir in such a manner, that +if he had had a son born within ten months of his death, and that son +had died before coming into possession of the property held in trust +for him, the revisionary heir would succeed to the inheritance. +And the enumeration of precedents which Crassus brought forward +prevailed". And you are accustomed to use this style of argument very +frequently in replies. Even fictitious examples have all the force of +real ones, but they belong rather to the orator than to you lawyers, +although you also do use them sometimes, but in this way. "Suppose a +man had given a slave a thing which a slave is by law incapable of +receiving, is it on that account the act of the man who received it? +or has he, who gave that present to his slave on that account taken +any obligations on himself?" And in this kind of argument orators and +philosophers are allowed to make even dumb things talk, so that the +dead man be raised from the shades below, or that anything which +intrinsically is absolutely impossible, may, for the sake of adding +force to the argument, or diminishing, be spoken of as real and that +figure is called hyperbole. And they may say other marvellous things, +but theirs is a wider field. Still, out of the same topics, as I have +said before, arguments are derived for the most important and the most +trivial inquiries. + +XI After similarity there follows difference between things, which is +as different as possible from the preceding topic, still it is the +same art which finds out resemblances and dissimilarities. These are +instances of the same sort--"If you have contracted a debt to a woman, +you can pay her without having recourse to a trustee, but what you +owe to a minor, whether male or female; you cannot pay in the same +manner." + +The next topic is one which is derived from contraries. But the genera +of contraries are several. One is of such things as differ in the same +kind; as wisdom and jolly. But those things are said to be in the same +kind, which, when they are proposed, are immediately met by certain +contraries, as if placed opposite to them: as slowness is contrary to +rapidity, and not weakness. From which contraries such arguments as +these are deduced:--"If we avoid folly, let us pursue wisdom; and if +we avoid wickedness, let us pursue goodness." These things, as they +are contrary qualities in the same class, are called opposites. For +there are other contraries, which we may call in Latin, _privantia_, +and which the Greeks call [Greek: _steraetika_]. For the preposition +_in_ deprives the word of that force which it would have if _in_ were +not prefixed; as, "dignity, indignity--humanity, inhumanity," and +other words of the same kind, the manner of dealing with which is +the same as that of dealing with other kinds which I have called +opposites. For there are also other kinds or contraries; as those +which are compared to something or other; as, "twofold and simple; +many and few; long and short; greater and less." There are also those +very contrary things which are called negatives, which the Greeks call +[Greek: _steraetika_]: as, "If this is the case, that is not." For +what need is there for an instance? only let it be understood that in +seeking for an argument it is not every contrary which is suitable to +be opposed to another. + +XII. But I gave a little while ago an instance drawn from adjuncts; +showing that many things are added as accessories, which ought to +be admitted, if we decided that possession ought to be given by the +praetor's edict, in compliance with the will which that person made +who had no right whatever to make a will. But this topic has more +influence in conjectural causes, which are frequent in courts, of +justice, when we are inquiring either what is, or what has been, or +what is likely to be, or what possibly may happen. And the form of the +topic itself is as follows. But this topic reminds us to inquire what +happened before the transaction of which we are speaking, or at the +same time with the transaction, or after the transaction. "This has +nothing to do with the law, you had better apply to Cicero," our +friend Gallus used to say, if any one brought him any cause which +required an inquiry into matters of fact. But you will prefer that no +topic of the art which I have begun to treat of should be omitted +by me, lest if you should think that nothing was to be written here +except what had reference to yourself, you should seem to be too +selfish. This then is for the most part an oratorical topic; not only +not much suited to lawyers, but not even to philosophers. For the +circumstances which happened before the matter in question are +inquired into, such as any preparation, any conferences, any place, +any prearranged convivial meeting. And the circumstances which +happened at the same time with the matter in question, are the noise +of footfalls, the noise of men, the shadow of a body, or anything of +that sort. The circumstances subsequent to the matter in question are, +blushing, paleness, trepidation, or any other tokens of agitation +or consciousness; and besides these, any such fact as a fire +extinguished, a bloody sword, or any circumstance which can excite a +suspicion of such an act. + +XIII. The next topic is one peculiar to dialecticians; derived from +consequents, and antecedents, and inconsistencies; and this one is +very different from that drawn from differences. For adjuncts, of +which we were speaking just now, do not always exist, but consequents +do invariably. I call those things consequents which follow an +action of necessity. And the same rule holds as to antecedents and +inconsistencies; for whatever precedes each thing, that of necessity +coheres with that theme; and whatever is inconsistent with it is of +such a nature that it can never cohere with it. As then this topic is +distributed in three divisions, into consequence, antecession, and +inconsistency, there is one single topic to help us find the argument, +but a threefold way of dealing with it. For what difference does it +make, when you have once assumed that the ready money is due to the +woman to whom all the money has been bequeathed, whether you conclude +your argument in this way:--"If coined money is money, it has been +bequeathed to the woman; but coined money is money; therefore it has +been bequeathed to her;"--or in this way: "If ready money has not been +bequeathed to her, then ready money is not money; but ready money is +money; therefore it has been bequeathed to her;"--or in this way: "The +cases of money not having been bequeathed, and of ready money not +having been bequeathed, are identical; but money was bequeathed +to her; therefore ready money was bequeathed to her?" But the +dialecticians call that conclusion of the argument in which, when you +have first made an assumption, that which is connected with it follows +as a consequence of the assumption, the first mood of the conclusion; +and when, because you have denied the consequence, it follows that +that also to which it was a consequence must be denied also, that is +the second mood. But when you deny some things in combination, (and +then another negation is added to them,) and from these things you +assume something, so that what remains is also done away with, that is +called the third mood of the conclusion. From this are derived those +results of the rhetoricians drawn from contraries, which they call +enthymemes. Not that every sentence may not be legitimately called +an enthymeme; but, as Homer on account of his preeminence has +appropriated the general name of poet to himself as his own among all +the Greeks; so, though every sentence is an enthymeme, still, because +that which is made up of contraries appears the most acute argument of +the kind, that alone has possessed itself of the general name as its +own peculiar distinction. Its kinds are these:--"Can you fear this +man, and not fear that one?"--"You condemn this woman, against whom +you bring no accusation; and do you say that this other one deserves +punishment, whom you believe to deserve reward?"--"That which you do +know is no good; that which you do not know is a great hindrance to +you." + +XIV. This kind of disputing is very closely connected with the mode +of discussion adopted by you lawyers in reply, and still more closely +with that adopted by philosophers, as they share with the orators +in the employment of that general conclusion which is drawn from +inconsistent sentences, which is called by dialecticians the third +mood, and by rhetoricians an enthymeme. There are many other +moods used by the rhetoricians, which consist of disjunctive +propositions:--"Either this or that is the case; but this is the case; +then that is not the case." And again:--"Either this or that is the +case; but this is not the case; then that is the case." And these +conclusions are valid, because in a disjunctive proposition only one +alternative can be true. And from those conclusions which I have +mentioned above, the former is called by the dialecticians the +fourth mood, and the latter the fifth. Then they add a negation of +conjunctive propositions; as, "It is not both this and that; but it is +this; therefore it is not that." This is the sixth mood. The seventh +is, "It is not both this and that; but it is not this; therefore it is +that." From these moods innumerable conclusions are derived, in which +nearly the whole science of dialectics consists. But even those which +I have now explained are not necessary for this present discussion. + +XV. The next topic is drawn from efficient circumstances which are +called causes; and the next from the results produced by these +efficient causes. I have already given instances of these, as of the +other topics, and those too drawn from civil law; but these have a +wider application. + +There are then two kinds of causes; one which of its own force to a +certainty produces that effect which is subordinate to it; as, "Fire +burns;" the other is that which has no nature able to produce the +effect in question, though still that effect cannot be produced +without it; as, if any one were to say, that "brass was the cause of a +statue; because a statue cannot be made without it." Now of this kind +of causes which are indispensable to a thing being done, some are +quiet some passive, some, as it were, senseless; as, place, time, +materials, tools, and other things of the same sort. But some exhibit +a sort of preparatory process towards the production of the effect +spoken of; and some of themselves do contribute some aid to it; +although it is not indispensable; as meeting may have supplied +the cause to love; love to crime. From this description of causes +depending on one another in infinite series, is derived the doctrine +of fate insisted on by the Stoics. And as I have thus divided the +genera of causes, without which nothing can be effected, so also the +genera of the efficient causes can be divided in the same manner. For +there are some causes which manifestly produce the effect, without any +assistance from any quarter; others which require external aid; as for +instance, wisdom alone by herself makes men wise; but whether she is +able alone to make men happy is a question. + +XVI. Wherefore, when any cause efficient as to some particular end has +inevitably presented itself in a discussion, it is allowable without +any hesitation to conclude that what that cause must inevitably effect +is effected. But when the cause is of such a nature that it does not +inevitably effect the result, then the conclusion which follows is +not inevitable And that description of causes which has an inevitable +effect does not usually engender mistakes; but this description, +without which a thing cannot take place, does often cause perplexity. +For it does not follow, because sons cannot exist without parents, +that there was therefore any unavoidable cause in the parents to have +children. This, therefore, without which an effect cannot be produced, +must be carefully separated from that by which it is certainly +produced. For that is like-- + + + "Would that the lofty pine on Pelion's brow + Had never fall'n beneath the woodman's axe!" + + +For if the beam of fir had never fallen to the ground, that Argo +would not have been built; and yet there was not in the beams any +unavoidably efficient power. But when + +"The fork'd and fiery bolt of Jove" + +was hurled at Ajax's vessel, that ship was then inevitably burnt. + +And again, there is a difference between causes, because some are such +that without any particular eagerness of mind, without any expressed +desire or opinion, they effect what is, as it were, their own work; +as for instance, "that everything must die which has been born." But +other results are effected either by some desire or agitation of mind, +or by habit, or nature, or art, or chance. By desire, as in your case, +when you read this book; by agitation, as in the case of any one who +fears the ultimate issue of the present crisis; by habit, as in the +case of a man who gets easily and rapidly in a passion; by nature, as +vice increases every day; by art, as in the case of a man who paints +well; by chance, as in the case of a man who has a prosperous voyage. +None of these things are without some cause, and yet none of them are +wholly owing to any single cause. But causes of this kind are not +necessary ones. + +XVII. But in some of these causes there is a uniform operation, and in +others there is not. In nature and in art there is uniformity; but +in the others there is none. But still of those causes which are not +uniform, some are evident, others are concealed. Those are evident +which touch the desire or judgment of the mind; those are concealed +which are subject to fortune: for as nothing is done without some +cause, this very obscure cause, which works in a concealed manner, +is the issue of fortune. Again, these results which are produced are +partly unintended, partly intentional. Those are unintended which are +produced by necessity; those are intentional which are produced by +design. But those results which are produced by fortune are either +unintended or intentional. For to shoot an arrow is an act of +intention; to hit a man whom you did not mean to hit is the result of +fortune. And this is the topic which you use like a battering-ram in +your forensic pleadings; if a weapon has flown from the man's hand +rather than been thrown by him. Also agitation of mind may be divided +into absence of knowledge and absence of intention. And although they +are to a certain extent voluntary, (for they are diverted from their +course by reproof or by admonition,) still they are liable to such +emotions that even those acts of theirs which are intentional +sometimes seem either unavoidable, or at all events unintentional. + +The whole topic of these causes then being now fully explained, from +their differences there is derived a great abundance of arguments in +all the important discussions of orators and philosophers. And in the +cases which you lawyers argue, if there is not so plentiful a stock, +what there are, are perhaps more subtle and shrewd. For in private +actions the decisions in the most important cases appear to me to +depend a great deal on the acuteness of the lawyers. For they are +constantly present, and are taken into counsel; and they supply +weapons to able advocates whenever they have recourse to their +professional wisdom. + +In all those judicial proceedings then, in which the words "according +to good faith" are added, or even those words, "as ought to be done by +one good man to another;" and above all, in all cases of arbitration +respecting matrimonial rights, in which the words "juster and better" +occur, the lawyers ought to be always ready. For they know what +"dishonest fraud," or "good faith," or "just," or "good" mean. They +are acquainted with the law between partners; they know what the man +who has the management of the affairs of another is bound to do with +respect to him whose affairs he manages; they have laid down rules to +show what the man who has committed a charge to another, and what he +who has had it committed to him, ought to do; what a husband ought to +confer on his wife, and a wife on her husband. It will, therefore, +when they have by diligence arrived at a proper understanding of the +topics from which the necessary arguments are derived, be in the power +not only of orators and philosophers, but of lawyers also, to discuss +with abundance of argument all the questions which can arise for their +consideration. + +XVIII. Conjoined to this topic of causes is that topic which is +supplied by causes. For as cause indicates effect, so what has been +effected points out what the efficient cause has been. This topic +ordinarily supplies to orators and poets, and often to philosophers +also, that is to say, to those who have an elegant and argumentative +and rich style of eloquence, a wonderful store of arguments, when they +predict what will result from each circumstance. For the knowledge of +causes produces a knowledge of effects. + +The remaining topic is that of comparison, the genus and instances of +which have been already explained, as they have in the case of the +other topics. At present we must explain the manner of dealing with +this one. Those things then are compared which are greater than one +another, or less than one another, or equal to one another. In which +these points are regarded; number, appearance, power, and some +particular relation to some particular thing. + +Things will be compared in number thus: so that more advantages may be +preferred to fewer; fewer evils to more; more lasting advantages +to those which are more short-lived; those which have an extensive +application to those the effect of which is narrowed: those from which +still further advantages may be derived, and those which many people +may imitate and reproduce. + +Things again will be compared with reference to their appearance, so +that those things may be preferred which are to be desired for their +own sake, to those which are only sought for the sake of something +else: and so that innate and inherent advantages may be preferred to +acquired and adventitious ones; complete good to mixed good; pleasant +things to things less pleasant; honourable things to such as are +merely useful; easy things to difficult ones; necessary to unnecessary +things; one's own advantage to that of others; rare things to common +ones; desirable things to those which you can easily do without; +things complete to things which are only begun; wholes to parts; +things proceeding on reason to things void of reason; voluntary to +necessary things; animate to inanimate things; things natural to +things not natural; things skilfully produced by art to things with +which art has no connexion. + +But power in a comparison is perceived in this way: an efficient cause +is more important than one which effects nothing; those causes which +can act by themselves are superior to those which stand in need of the +aid of others; those which are in our power are preferable to those +which are in the power of another; lasting causes surpass those which +are uncertain; things of which no one can deprive us are better than +things which can be easily taken away. + +But the way in which people or things are disposed towards some +things is of this sort: the interests of the chief citizens are more +important than those of the rest: and also, those things which are +more agreeable, which are approved of by more people, or which +are praised by the most virtuous men, are preferable. And as in a +comparison these things are the better, so those which are contrary to +them are the worse. + +But the comparison between things like or equal to each other has no +elation or submission; for it is on equal terms: but there are many +things which are compared on account of their very equality; which are +usually concluded in this manner: "If to assist one's fellow-citizens +with counsel and personal aid deserves equal praise, those men who act +as counsellors ought to enjoy an equal glory with those who are the +actual defenders of a state." But the first premiss is certainly the +case; therefore so must the consequent be. + +Every rule necessary for the discovery of arguments is now concluded; +so that as you have proceeded from definition, from partition, from +observation, from words connected with one another, from genus, from +species, from similarity, from difference, from contraries, from +accessories, from consequents, from antecedents, from things +inconsistent with one another, from causes, from effects, from a +comparison with greater, or lesser, or equal things,--there is no +topic of argument whatever remaining to be discovered. + +XIX. But since we originally divided the inquiry in such a way that we +said that other topics also were contained in the very matter which +was the subject of inquiry; (but of those we have spoken at sufficient +length:) that others were derived from external subjects; and of these +we will say a little; although those things have no relation whatever +to your discussions. But still we may as well make the thing complete, +since we have begun it. Nor are you a man who take no delight in +anything except civil law; and since this treatise is dedicated to +you, though not so exclusively but that it will also come into the +hands of other people, we must take pains to be as serviceable as +possible to those men who are addicted to laudable pursuits. + +This sort of argumentation then which is said not to be founded on +art, depends on testimony. But we call everything testimony which is +deduced from any external circumstances for the purpose of implanting +belief. Now it is not every one who is of sufficient weight to give +valid testimony; for authority is requisite to make us believe things. +But it is either a man's natural character or his age which invests +him with authority. The authority derived from a man's natural +character depends chiefly on his virtue; but on his age there are +many things which confer authority; genius, power, fortune, skill, +experience, necessity, and sometimes even a concourse of accidental +circumstances. For men think able and opulent men, and men who have +been esteemed during a long period of their lives, worthy of being +believed Perhaps they are not always right; but still it is not easy +to change the sentiments of the common people; and both those who form +judgments and those who adopt vague opinions shape everything with +reference to them. For those men who are eminent for those qualities +which I have mentioned, seem to be eminent for virtue itself. But in +the other circumstances also which I have just enumerated, although +there is in them no appearance of virtue, still sometimes belief +is confirmed by them, if either any skill is displayed,--for the +influence of knowledge in inspiring belief is very great; or any +experience--for people are apt to believe those who are men of +experience. + +XX. Necessity also engenders belief, which sways both bodies and +minds. For what men say when worn out with tortures, and stripes, and +fire, appears to be uttered by truth itself. And those statements +which proceed from agitation of mind, such as pain, cupidity, passion, +and fear, because those feelings have the force of necessity, bring +authority and belief. And of this kind are those circumstances from +which at times the truth is discovered; childhood, sleep, ignorance, +drunkenness, insanity. For children have often indicated something, +though ignorant to what it related; and many things have often been +discovered by sleep, and wine, and insanity. Many men also have +without knowing it fallen into great difficulties, as lately happened +to Stalenus; who said things in the hearing of certain excellent men, +though a wall was between them, which, when they were revealed and +brought before a judicial tribunal, were thought so wicked that he was +rightly convicted of a capital offence. And we have heard something +similar concerning Pausanias the Lacedaemonian. + +But the concourse of fortuitous events is often of this kind; when +anything has happened by chance to interrupt, when anything was being +done or said which it was desirable should not have been done or said. +Of this kind is that multitude of suspicions of treason which were +heaped upon Palamedes. And circumstances of this kind are sometimes +scarcely able to be refuted by truth itself. Of this kind too is +ordinary report among the common people; which is as it were the +testimony of the multitude. + +But those things which create belief on account of the virtue of the +witness are of a two-fold kind; one of which is valid on account of +nature, the other by industry. For the virtue of the gods is eminent +by nature; but that of men, because of their industry. + +Testimonies of this kind are nearly divine, first of all, that of +oration, (for oracles were so called from that very same word, as +there is in them the oration of the gods;) then that of things in +which there are, as it were, many divine works; first of all, the word +itself, and its whole order and ornaments; then the airy flights and +songs of birds; then the sound and heat of that same air; and the +numerous prodigies of divers kinds seen on the earth; and also, the +power of foreseeing the future by means of the entrails of victims: +many things, too, which are shown to the living by those who are +asleep: from all which topics the testimonies of the gods are at times +adduced so as to create belief. + +In the case of a man, the opinion of his virtue is of the greatest +weight. For opinion goes to this extent, that those men have virtue, +not only who do really possess it, but those also who appear to +possess it. Therefore, those men whom they see endowed with genius +and diligence and learning, and whose life they see is consistent and +approved of, like Cato and Laelius, and Scipio, and many others, they +consider such men as they themselves would wish to be. And not only +do they think them such who enjoy honours conferred on them by the +people, and who busy themselves with affairs of state, but also those +who are orators, and philosophers, and poets, and historians; from +whose sayings and writings authority is often sought for to establish +belief. + +XXI. Having thus explained all the topics serviceable for arguing, the +first thing to be understood is, that there is no discussion whatever +to which some topic or other is not applicable; and on the other hand, +that it is not every topic which is applicable to every discussion; +but that different topics are suited to different subjects. + +There are two kinds of inquiry: one, infinite; the other, definite. +The definite one is that which the Greeks call [Greek: hupothesis], +and we, a cause; the infinite one, that which they call [Greek: +thesis], and which we may properly term a proposition. + +A cause is determined by certain persons, places, times, actions, and +things, either all or most of them; but a proposition is declared in +some one of those things, or in several of them, and those not the +most important: therefore, a proposition is a part of a cause. But the +whole inquiry is about some particular one of those things in which +causes are contained; whether it be one, or many, or sometimes all. +But of inquiries, concerning whatever thing they are, there two kinds; +one theoretical, the other practical. Theoretical inquiries are those +of which the proposed aim is science; as, 'If it is inquired whether +right proceeds from nature, or from some covenant, as it were, and +bargain between men. But the following are instances of practical +inquiry: "Whether it is the part of a wise man to meddle with +statesmanship." The inquiries into theoretical matters are threefold; +as what is inquired is, whether a thing exists, or what it is, or +what its character is. The first of these queries is explained by +conjecture; the second, by definition; the third, by distinctions of +right and wrong. + +The method of conjecture is distributed into four parts; one of which +is, when the inquiry is whether something exists; a second, when the +question is, whence it has originated; a third, when one seeks to know +what cause produced it; the fourth is that in which the alterations to +which the subject is liable are examined: "Whether it exists or not; +whether there is anything honourable, anything intrinsically and +really just; or whether these things only exist in opinion." But the +inquiry whence it has originated, is when an inquiry is such as +this, "Whether virtue is implanted by nature, or whether it can be +engendered by instruction." But the efficient cause is like this, as +when an inquiry is, "By what means eloquence is produced." Concerning +the alterations of anything, in this manner: "Whether eloquence can by +any alteration be converted into a want of eloquence." + +XXII. But when the question is what a thing is; the notion is to be +explained, and the property, and the division, and the partition. For +these things are all attributed to definition. Description also is +added, which the Greeks call [Greek: charaktaer]. A notion is inquired +into in this way: "Whether that is just which is useful to that person +who is the more powerful." Property, in this way: "Whether melancholy +is incidental to man alone, or whether beasts also are liable to it." +Division, and also partition, in this manner: "Whether there are three +descriptions of good things." Description, like this: "What sort of +person a miser is; what sort of person a flatterer;" and other things +of that sort, by which the nature and life of a man are described. + +But when the inquiry is what the character of something is, the +inquiry is conducted either simply, or by way of comparison. +Simply, in this way: "Whether glory is to be sought for." By way of +comparison, in this way: "Whether glory is to be preferred to riches." +Of simple inquiries there are three kinds; about seeking for or +avoiding anything, about the right and the wrong; about what is +honourable and what is discreditable. But of inquiries by way of +comparison there are two; one of the thing itself and something else; +one of something greater and something else. Of seeking for and +avoiding a thing, in this way: "Whether riches are to be sought +for: whether poverty is to be avoided." Concerning right and wrong: +"Whether it is right to revenge oneself, whoever the person may be +from whom one has received an injury." Concerning what is honourable +and what is discreditable: "Whether it is honourable to die for one's +country." But of the other kind of inquiry, which has been stated to +be twofold, one is about the thing in question and something else; +as if it were asked, "What is the difference between a friend and +a flatterer, between a king and a tyrant?" The other is between +something greater and something less; as if it were asked, "Whether +eloquence is of more consequence than the knowledge of civil law." And +this is enough about theoretical inquiries. + +It remains to speak of practical ones; of which there are two kinds: +one relating to one's duty, the other to engendering, or calming, or +utterly removing any affection of the mind. Relating to duty thus: as +when the question is, "Whether children ought to be bad." Relating to +influencing the mind, when exhortations are delivered to men to defend +the republic, or when they are encouraged to seek glory and praise: +of which kind of addresses are complaints, and encouragements, and +tearful commiseration; and again, speeches extinguishing anger, or at +other times removing fear, or repressing the exultation of joy, or +effacing melancholy. As these different divisions belong to general +inquiries, they are also transferable to causes. + +XXIII. But the next thing to be inquired is, what topics are adapted +to each kind of inquiry; for all those which we have already mentioned +are suitable to most kinds; but still, different topics, as I have +said before, are better suited to different investigations. Those +arguments are the most suitable to conjectural discussion which can be +deduced from causes, from effects, or from dependent circumstances. +But when we have need of definition, then we must have recourse to the +principles and science of defining. And akin to this is that other +argument also which we said was employed with respect to the subject +in question and something else; and that is a species of definition. +For if the question is, "Whether pertinacity and perseverance are the +same thing," it must be decided by definitions. And the topics which +are incidental to a discussion of this kind are those drawn from +consequents, or antecedents, or inconsistencies, with the addition +also of those two topics which are deduced from causes and effects. +For if such and such a thing is a consequence of this, but not a +consequence of that; or if such and such a thing is a necessary +antecedent to this, but not to that; or if it is inconsistent with +this, but not with that; or if one thing is the cause of this, and +another the cause of that; or if this is effected by one thing, +and that by another thing; from any one of these topics it may be +discovered whether the thing which is the subject of discussion is the +same thing or something else. + +With respect to the third kind of inquiry, in which the question is +what the character of the matter in question is, those things are +incidental to the comparison which were enumerated just now under the +topic of comparison. But in that kind of inquiry where the question +is about what is to be sought for or avoided, those arguments are +employed which refer to advantages or disadvantages, whether affecting +the mind or body, or being external. And again, when the inquiry is +not what is honourable or discreditable, all our argument must be +addressed to the good or bad qualities of the mind. + +But when right and wrong are being discussed, all the topics of equity +are collected. These are divided in a two-fold manner, as to whether +they are such by nature or owing to institutions. Nature has two +parts to perform, to defend itself, and to indicate right. But the +agreements which establish equity are of a threefold character: one +part is that which rests on laws; one depends on convenience; the +third is founded on and established by antiquity of custom. And again, +equity itself is said to be of a threefold nature: one division of it +having reference to the gods above; another, to the shades below; a +third, to mankind. The first is called piety; the second, sanctity; +the third, justice or equity. + +XXIV. I have said enough about propositions. There are now a few +things which require to be said about causes. For they have many +things in common with propositions. + +There are then three kinds of causes; having for their respective +objects, judgment, deliberation, and panegyric. And the object of each +points out what topics we ought to employ in each. For the object of +judicial judgment is right; from which also it derives its name. And +the divisions of right were explained when we explained the divisions +of equity. The object of deliberation is utility; of which the +divisions have also been already explained when we were treating of +things to be desired. The object of panegyric is honour; concerning +which also we have already spoken. + +But inquiries which are definite are all of them furnished with +appropriate topics, as if they belonged to themselves, being divided +into accusation and defence. And in them there are these kinds of +argumentation. The accuser accuses a person of an act; the advocate +for the defence opposes one of these excuses: either that the thing +imputed has not been done; or that, if it has been done, it deserves +to be called by a different name; or that it was done lawfully and +rightly. Therefore, the first is called a defence either by way of +denial or by way of conjecture; the second is called a defence by +definition; the third, although it is an unpopular name, is called the +judicial one. + +XXV. The arguments proper to these excuses, being derived from the +topics which we have already set forth, have been explained in our +oratorical rules. But the refutation of an accusation, in which there +is a repelling of a charge, which is called in Greek [Greek: stasis], +is in Latin called _status_. On which there is founded, in the first +place, such a defence as may effectually resist the attack. And also, +in the deliberations and panegyrics the same refutations often have +place. For it is often denied that those things are likely to happen +which have been stated by some or other in his speech as sure to take +place; if it can be shown either that they are actually impossible, or +that they cannot be brought about without extreme difficulty. And in +this kind of argumentation the conjectural refutation takes place. But +when there is any discussion about utility, or honour, or equity, and +about those things which are contrary to one another, then come in +denials, either of the law or of the name of the action. And the same +is the case in panegyrics. For one may either deny that that has been +done which the person is praised for; or else that it ought to bear +that name which the praiser has conferred on it, or else one may +altogether deny that it deserves any praise at all, as not having been +done rightly or lawfully. And Caesar employed all these different kinds +of denial with exceeding impudence when speaking against my friend +Cato. But the contest which arises from a denial is called by the +Greeks [Greek: krinomenon]; I, while writing to you, prefer calling it +"the precise point in dispute." But for the parts within which this +discussion on the point in dispute is contained, they may be called +the containing parts; being as it were the foundations of the defence; +and if they are taken away there would be no defence at all. But since +in arguing controversies there ought to be nothing which has more +weight than the law itself, we must take pains to have the law as our +assistant and witness. And in this there are, as it were, other new +denials, which are called legitimate subjects of discussion. For then +it is urged in defence, that the law does not say what the adversary +states it to say, but something else. And that happens when the terms +of the law are ambiguous, so that they can be understood in two +different senses. Then the intention of the framer is opposed to the +letter of the law; so that the question is, whether the words or the +intention ought to have the greatest validity? Then again, another law +is adduced contrary to this law. So there are three kinds of doubts +which can give rise to a dispute with respect to every written +document; ambiguity of expression, discrepancy between the expression +and the intention, and also written documents opposed to the one in +question. For this is evident; that these kinds of disputes are no +more incidental to laws than to wills, or covenants, or to anything +else which is contained in writing. And the way to treat these topics +is explained in other books. + +XXVI. Nor is it only entire pleadings which are assisted by these +topics, but the same are useful in the separate parts of an orator; +being partly peculiar and partly general. As in the opening of a +speech, in which the orator must employ peculiar topics in order to +render his hearers well disposed to him, and docile, and attentive. +And also he must attend to his relations of facts, so that they may +have a bearing on his object, that is to say, that they may be plain, +and brief, and intelligible, and credible, and respectable, and +dignified: for although these qualities ought to be apparent +throughout the whole speech, still they are peculiarly necessary in +any narration. But since the belief which is given to a narration is +engendered by persuasiveness, we have already, in the treatises which +we have written on the general subject of oratory, explained what +topics they are which have the greatest power to persuade the hearers. +But the peroration has other points to attend to, and especially +amplification; the effect of which ought to be, that the mind of the +hearer is agitated or tranquillized by it; and if it has already been +affected in that way, that the whole speech shall either increase its +agitation, or calm it more completely. + +For this kind of peroration, by which pity, and anger, and hatred, +and envy, and similar feelings of the mind are excited, rules are +furnished in those books, which you may read over with me whenever you +like. But as to the point on which I have known you to be anxious, +your desires ought now to be abundantly satisfied. For, in order +not to pass over anything which had reference to the discovery of +arguments in every sort of discussion, I have embraced more topics +than were desired by you; and I have done as liberal sellers often do, +when they have sold a house or a farm, the movables being all excepted +from the sale, still give some of them to the purchaser, which appear +to be well placed as ornaments or conveniences. And so we have chosen +to throw in some ornaments that were not strictly your due, in +addition to that with which we had bound ourselves to furnish you. + + * * * * * + + + + +A DIALOGUE CONCERNING ORATORICAL PARTITIONS. + +BY MARCUS TULLIUS CICERO. + + * * * * * + + +The persons introduced in this dialogue are Cicero and his son. It is +not known when, or under what circumstances it was written. + + +I. _Cicero Fil._ I wish, my father, to hear from you in Latin the +rules which you have already given me in Greek, concerning the +principles of speaking, if at least you have leisure and inclination +to instruct me in them. + +_Cicero Pat._ Is there anything, my Cicero, which I can be more +desirous of than that you should be as learned as possible? And in the +first place, I have the greatest possible leisure, since I have +been able to leave Rome for a time; and in the next place, I would +willingly postpone even my own most important occupations to the +furthering of your studies. + +_C. F._ Will you allow me, then, to ask you questions in my turn, in +Latin, about the same subjects on which you are accustomed to put +questions to me in regular order in Greek? + +_C. P._ Certainly, if you like; for by that means I shall perceive +that you recollect what you have been told, and you will hear in +regular order all that you desire. + +_C. F._ Into how many parts is the whole system of speaking divided? + +_C. P._ Into three. + +_C. F._ What are they? + +_C. P._ First of all, the power of the orator; secondly, the speech; +thirdly, the subject of the speech. + +_C. F._ In what does the power of the orator consist? + +_C. P._ In ideas and words. But both ideas and words have to be +discovered and arranged. But properly the expression "to discover" +applies to the ideas, and the expression "to be eloquent" to the +language; but the arranging, though that is common to both, still is +usually referred rather to the discovery. Voice, gesture, expression +of countenance, and all action, are companions of eloquence; and the +guardian of all these things is memory. + +_C. F._ What? How many parts of an oration are there? + +_C. P._ Four: two of them relate to explaining any subject,--namely, +relation and confirmation; two to exciting the minds of the +hearers,--the opening and the peroration. + +_C. F._ What? Has the manner of inquiry any divisions? + +_C. P._ It is divided into the infinite, which I term consultation; +and the definite, which I call the cause. + +II. _C. F._ Since, then, the first business of the orator is +discovery, what is he to look for? + +_C. P._ He is to seek to find out how to inspire those men whom he +is desirous to persuade, with belief in his words; and how to affect +their minds with such and such feelings. + +_C. F._ By what means is belief produced? + +_C. P._ By arguments, which are derived from topics either existing in +the subject itself, or assumed. + +_C. F._ What do you mean by topics? + +_C. P._ Things in which arguments are concealed. + +_C. F._ What is an argument? + +_C. P._ Something discovered which has a probable influence in +producing belief. + +_C. F._ How, then, do you divide these two heads? + +_C. P._ Those things which come into the mind without art I call +remote arguments, such as testimony. + +_C. F._ What do you mean by those topics which exist in the thing +itself? + +_C. P._ I cannot give a clearer explanation of them. + +_C. F._ What are the different kinds of testimony? + +_C. P._ Divine and human. Divine,--such as oracles, auspices, +prophecies, the answers of priests, soothsayers, and diviners: +human,--which is derived from authority, from inclination, and from +speech either voluntary or extorted; and under this head come written +documents, covenants, promises, oaths, inquiries. + +_C. F._ What are the arguments which you say belong to the cause? + +_C. P._ Those which are fixed in the things themselves, as definition, +as a contrary, as those things which are like or unlike, or which +correspond to or differ from the thing itself or its contrary, as +those things which have as it were united, or those which are as it +were inconsistent with one another, or the causes of those things +which are under discussion, or the results of causes, that is to say, +those things which are produced by causes, as distributions, and the +genera of parts, or the parts of genera, as the beginnings and as it +were outriders of things, in which there is some argument, as the +comparisons between things, as to which is greater, which is equal, +which is less, in which either the natures or the qualities of things +are compared together. + +III. _C. F._ Are we then to derive arguments from all these topics? + +_C. P._ Certainly we must examine into them all, and seek them from +all, but we must exercise our judgment in order at all times to reject +what is trivial, and sometimes pass over even common topics, and those +which are not necessary. + +_C. F._ Since you have now answered me as to belief, I wish to hear +your account of how one is to raise feelings. + +_C. P._ It is a very reasonable question, but what you wish to know +will be explained more clearly when I come to the system of orations +and inquiries themselves. + +_C. F._ What, then, comes next? + +_C. P._ When, you have discovered your arguments, to arrange them +properly, and in an extensive inquiry the order of the topics is very +nearly that which I have set forth, but in a definite one, we must use +those topics also which relate to exciting the required feelings in +the minds of the hearers. + +_C. F._ How, then, do you explain them? + +_C. P._ I have general precepts for producing belief and exciting +feelings. Since belief is a firm opinion, but feelings are an +excitement of the mind either to pleasure, or to vexation, or to fear, +or to desire, (for there are all these kinds of feelings, and many +divisions of each separate genus,) I adapt all my arrangement to the +object of the inquiry. For the end in a proposition is belief, in a +cause, both belief and feeling wherefore, when I have spoken of the +cause, in which proposition is involved, I shall have spoken of both. + +_C. F._ What have you then to say about the cause? + +_C. P._ That it is divided according to the divisions of hearers. For +they are either listeners, who do nothing more than hear; or judges, +that is to say, regulators both of the fact and of the decision; so +as either to be delighted or to determine something. But he decides +either concerning the past as a judge, or concerning the future as +a senate. So there are three kinds,--one of judgment, one of +deliberation, one of embellishment; and this last, because it is +chiefly employed in panegyric, has its peculiar name from that. + +IV. _C. F._ What objects shall the orator propose to himself in these +three kinds of oratory? + +_C. P._ In embellishment, his aim must be to give pleasure; in +judicial speaking, to excite either the severity or the clemency of +the judge; but in persuasion, to excite either the hope or the fear of +the assembly which is deliberating. + +_C. F._ Why then do you choose this place to explain the different +kinds of disputes? + +_C. P._ In order to adapt my principles of arrangement to the object +of each separate kind. + +_C. F._ In what manner? + +_C. P._ Because in those orations in which pleasure is the object +aimed at, the orders of arrangement differ. For either the degrees of +opportunities are preserved, or the divisions of genera; or we ascend +from the less to the greater, or we glide down from the greater to the +less; or we distinguish between them with a variety of contrasts, when +we oppose little things to great ones, simple things to complex ones, +things obscure to things which are plain, what is joyful to what is +sad, what is incredible to what is probable; all which topics are +parts of embellishment. + +_C. F._ What? What is your aim in a deliberative speech? + +_C. P._ There must either be a short opening, or none at all. For the +men who are deliberating are ready for their own sake to hear what +you have to say. And indeed it is not often that there is much to be +related; for narration refers to things either present or past, but +persuasion has reference to the future. Wherefore every speech is to +be calculated to produce belief, and to excite the feelings. + +_C. F._ What next? What is the proper arrangement in judicial +speeches? + +_C. P._ The arrangement suitable to the accuser is not the same as +that which is good for the accused person; because the accuser follows +the order of circumstances, and puts forward vigorously each separate +argument, as if he had a spear in his hand; and sums them up +with vehemence; and confirms them by documents, and decrees, and +testimonies; and dwells carefully on each separate proof; and avails +himself of all the rules of peroration which are of any force to +excite the mind; and in the rest of his oration he departs a little +from the regular tenor of his argument; and above all, is he earnest +in summing up, for his object is to make the judge angry. + +V. _C. F._ What, on the other hand, is the person accused to do? + +_C. P_. He is to act as differently as possible in every respect. +He must employ an opening calculated to conciliate good-will. Any +narrations which are disagreeable must be cut short; or if they are +wholly mischievous, they must be wholly omitted; the corroborative +proofs calculated to produce belief must be either weakened or +obscured, or thrown into the shade by digressions. And all the +perorations must be adapted to excite pity. + +_C. F._ Can we, then, always preserve that order of arrangement which +we desire to adopt? + +_C. P._ Surely not; for the ears of the hearers are guides to a wise +and prudent orator; and whatever is unpleasing to them must be altered +or modified. + +_C. F._ Explain to me then now, what are the rules for the speech +itself, and for the expressions to be contained in it. + +_C. P._ There is, then, one kind of eloquence which seems fluent by +nature; another which appears to have been changed and modified by +art. The power of the first consists in simple words; that of the +second, in words in combination. Simple words require discovery; +combined expressions stand in need of arrangement. + +And simple expressions are partly natural, partly discovered. Those +are natural which are simply appellative; those are discovered which +are made of those others, and remodelled either by resemblance, or by +imitation, or by inflection, or by the addition of other words. And +again, there is this distinction between words: some are distinguished +according to their nature; some according to the way in which they are +handled: some by nature, so that they are more sonorous, more grave, +or more trivial, and to a certain extent neater: but others by the way +in which they are handled, when either the peculiar names of things +are taken, or else others which are added to the proper name, or new, +or old-fashioned, or in some way or other modified and altered by the +orator,--such as those which are used in borrowed senses, or changed, +or those which we as it were misuse; or those which we make obscure; +which we in some incredible manner remove altogether; and which we +embellish in a more marvellous manner than the ordinary usage of +conversation sanctions. + +VI. _C. F._ I understand you now as far as simple expressions go; now +I ask about words in combination. + +_C. P_. There is a certain rhythm which must be observed in such +combination, and a certain order in which words must follow one +another. Our ears themselves measure the rhythm; and guard against +your failing to fill up with the requisite words the sentence which +you have begun, and against your being too exuberant on the other +hand. But the order in which words follow one another is laid down +to prevent an oration being a confused medley of genders, numbers, +tenses, persons, and cases; for, as in simple words, that which is not +Latin, so in combined expressions, that which is not well arranged, +deserves to be blamed. + +But there are these five lights, as it were, which are common to both +single words and combined expressions,--they must be clear, concise, +probable, intelligible, agreeable. Clearness is produced by common +words, appropriate, well arranged, in a well-rounded period: on the +other hand, obscurity is caused by either too great length, or a too +great contraction of the sentence; or by ambiguity; or by any misuse +or alteration of the ordinary sense of the words. But brevity is +produced by simple words, by speaking only once of each point, by +aiming at no one object except speaking clearly. But an oration is +probable, if it is not too highly decorated and polished; if there is +authority and thought in its expressions; if its sentiments are either +dignified, or else consistent with the opinions and customs of men. +But an oration is brilliant, if expressions are used which are chosen +with gravity, and used in metaphorical and hyperbolical senses; and if +it is also full of words suited to the circumstances, and reiterated, +and having the same sense, and not inconsistent with the subject under +discussion, and with the imitation of things: for this is one part of +an oration which almost brings the actual circumstances before our +eyes, for then the sense is most easily arrived at but still the other +senses also, and especially the mind itself, can be influenced by it. +But the things which have been said about a clear speech, all have +reference also to the brilliant one which we are now speaking of, for +this is only a kind somewhat more brilliant than that which I have +called clear. By one kind we are made to understand, but by the other +one we actually appear to see. But the kind of speaking which is +agreeable, consists first of all of an elegance and pleasantness of +sounding and sweet words, secondly, of a combination which has no +harsh unions of words, nor any disjoined and open vowels, and it must +also be bounded with limited periods, and in paragraphs easily to be +pronounced, and full of likeness and equality in the sentences. Then +again, arguments derived from contrary expressions must be added, +so that repetitions must answer to repetitions, like to like and +expressions must be added, repeated, redoubled, and even very +frequently reiterated, the construction of the sentences must at one +time be compacted by means of conjunctions, and at another relaxed by +separation of the clauses. For an oration becomes agreeable when you +say anything unexpected, or unheard of, or novel, for whatever excites +wonder gives pleasure. And that oration especially influences the +hearer which unites several affections of the mind, and which indicate +the amiable manners of the orator himself, which are represented +either by signifying his own opinion, and showing it to proceed from a +humane and liberal disposition, or by a turn in the language, when for +the sake either of extolling another or of disparaging himself, the +orator seems to say one thing and mean another, and that too seems to +be done out of courtesy rather than out of levity. But there are many +rules for sweetness in speaking, which may make a speech either more +obscure or less probable, therefore, while on this topic, we must +decide for ourselves what the cause requires. + +VII _C. F._ It remains, then, now for you to speak of the alterations +and changes in a speech. + +_C. P._ The whole of that, then, consists in the alteration of words, +and that alteration is managed in such a way in the case of single +words, that the style may either be dilated by words, or contracted. +It may be dilated, when a word which is either peculiar, or which +has the same signification, or which has been coined on purpose, is +extended by paraphrase. Or again, in another way, when a definition +is held down to a single word, or when expressions borrowed from +something else are banished, or made use of in a roundabout sense, or +when one word is made up out of two. But in compound words a threefold +change can be made, not of words, but only of order, so that when a +thing has once been said plainly, as nature itself prompts, the order +may be inverted, and the expression may be repeated, turned upside +down, as it were, or backwards and forwards. Then again the same +expression may be reiterated in a mutilated, or re arranged, form. But +the practice of speaking is very much occupied in all these kinds of +conversion. + +_C. F._ The next point is action, if I do not mistake. + +_C. P._ It is so, and that must be constantly varied by the orator, +in correspondence with the importance of his subjects and of his +expressions. For the orator makes an oration clear, and brilliant, +and probable, and agreeable, not only by his words, but also by the +variety of his tones, by the gestures of his body, by the changes of +his countenance, which will be of great weight if they harmonize with +the character of his address, and follow its energy and variety. + +_C. F._ Is there nothing remaining to be said about the orator +himself? + +_C. P._ Nothing at all, except as to memory, which is in a certain +manner the sister of writing, and though in a different class greatly +resembles it. For as it consists of the characters of letters, and of +that substance on which those characters are impressed, so a perfect +memory uses topics, as writing does wax, and on them arranges its +images as if they were letters. + +VIII _C. F._ Since, then, you have thus explained all the power of an +orator, what have you to tell me about the rules for an oration? + +_C. P._ That there are four divisions in an oration, of which the +first and last are of avail to excite such and such feelings in the +mind, for they are to be excited by the openings and perorations of +speeches: the second is narration: and the third, being confirmation, +adds credibility to a speech. But although amplification has its own +proper place, being often in the opening of a speech, and almost +always at the end still it may be employed also in other parts of the +speech especially when any point has been established, or when the +orator has been finding fault with something. Therefore, it is of the +very greatest influence in producing belief. For amplification is a +sort of vehement argumentation; the one being used for the sake of +teaching, the other with the object of acting on the feelings. + +_C. F._ Proceed, then, to explain to me these four divisions in +regular order. + +_C. P._ I will do so; and I will begin with the opening of a speech, +which is usually derived either from the persons concerned, or from +the circumstances of the case. And openings are employed with three +combined objects, that we may be listened to with friendly feelings, +intelligently and attentively. And the first topic employed in +openings has reference to ourselves, to our judges, and to our +adversaries; from which we aim at laying the foundations of good-will +towards us, either by our own merits, or by our dignity, or by some +kind of virtue, and especially by the qualities of liberality, duty, +justice, and good faith; and also by imputing opposite qualities to +our adversaries, and by intimating that the judges themselves have +some interest on our side, either in existence, or in prospect. And if +any hatred has been excited against, or any offence been given by us, +we then apply ourselves to remove or diminish that, by denying or +extenuating the cause, or by atoning for it, or by deprecating +hostility. + +But in order that we may be listened to in an intelligent and +attentive manner, we must begin with the circumstances of the case +themselves. But the hearer learns and understands what the real point +in dispute is most easily if you, from the first beginning of your +speech, embrace the whole genus and nature of the cause,--if you +define it, and divide it, and neither perplex his discernment by the +confusion, nor his memory by the multitude, of the several parts of +your discourse; and all the things which will presently be said about +lucid narration may also with propriety be considered as bearing on +this division too. But that we may be listened to with attention, we +must do one of these things. For we must advance some propositions +which are either important, or necessary, or connected with the +interests of those before whom the discussion is proceeding. This also +may be laid down as a rule, that, if ever the time itself, or the +facts of the case, or the place, or the intervention of any one, +or any interruption, or anything which may have been said by the +adversary, and especially in his peroration, has given us any +opportunity of saying anything well suited to the occasion, we must +on no account omit it. And many of the rules, which we give in their +proper place, about amplification, may be transferred here to the +consideration of the opening of a speech. + +IX. _C. F._ What next? What rules, then, are to be attended to in +narration? + +_C. P._ Since narration is an explanation of facts, and a sort of base +and foundation for the establishment of belief, those rules are most +especially to be observed in it, which apply also, for the most part, +to the other divisions of speaking; part of which are necessary, and +part are assumed for the sake of embellishment. For it is necessary +for us to narrate events in a clear and probable manner; but we must +also attend to an agreeable style. Therefore, in order to narrating +with clearness, we must go back to those previous rules for explaining +and illustrating facts, in which brevity is enjoined and taught. And +brevity is one of the points most frequently praised in narration, and +we have already dwelt enough upon it. Again, our narrative will be +probable, if the things which are related are consistent with the +character of the persons concerned, with the times and places +mentioned,--if the cause of every fact and event is stated,--if they +appear to be proved by witnesses,--if they are in accordance with +the opinions and authority of men, with law, with custom, and with +religion,--if the honesty of the narrator is established, his candour, +his memory, the uniform truth of his conversation, and the integrity +of his life. Again, a narration is agreeable which contains subjects +calculated to excite admiration, expectation, unlooked-for results, +sudden feelings of the mind, conversations between people, grief, +anger, fear, joy, desires. However, let us proceed to what follows. + +_C. F._ What follows is, I suppose, what relates to producing belief. + +_C. P._ Just so; and those topics are divided into confirmation +and reprehension. For in confirmation we seek to establish our own +assertion; in reprehension, to invalidate those of our adversaries. +Since, then, everything which is ever the subject of a dispute, is so +because the question is raised whether it exists or not, or what it +is, or of what character it is, in the first question conjecture has +weight, in the second, definition, and in the third, reasoning. + +X. _C. F._ I understand this division. At present, I ask, what are the +topics of conjecture? + +_C. P._ They arise from probabilities, and turn wholly on the peculiar +characteristics of things. But for the sake of instructing you, I will +call that probable which is generally done in such and such a way as +it is probable that youth should be rather inclined to lust. But the +indication of an appropriate characteristic is something which never +happens in any other way, and which declares something which is +certain as smoke is a proof of fire. Probabilities are discovered +from the parts and, as it were, members of a narration. They exist in +persons, in places, in times, in facts, in events, in the nature of +the facts and circumstances which may be under discussion. + +But in persons, the first things considered are the natural qualities +of health, figure, strength, age, and whether they are male or female. +And all these concern the body alone. But the qualities of the mind, +or how they are affected, depends on virtues, vices, arts, and want of +art, or in another sense, on desire, fear, pleasure, or annoyance. And +these are the natural circumstances which are principally considered. + +In fortune, we look at a man's race, his friends, his children, his +relations, his kinsmen, his wealth, his honours, his power, his +estates, his freedom, and also at all the contraries to these +circumstances. But in respect of place, some things arise from nature +as, whether a place is on the coast or at a distance from the sea, +whether it is level or mountainous, whether it is smooth or rough, +wholesome or pestilential, shady or sunny, these again are fortuitous +circumstances,--whether a place is cultivated or uncultivated +frequented or deserted, full of houses or naked, obscure or ennobled +by the traces of mighty exploits, consecrated or profane. + +XI. But in respect of time, one distinguishes between the present, and +the past, and the future. And in these divisions there are the further +subdivisions of ancient, recent, immediate, likely to happen soon, +or likely to be very remote. In time there are also these other +divisions, which mark, as it were natural sections of time as winter, +spring, summer and autumn. Or again, the periods of the year: as +a month, a day, a night, an hour, a season, all these are natural +divisions. There are other accidental divisions such as days of +sacrifice, days of festival, weddings. Again, facts and events are +either designed or unintentional, and these last arise either from +pure accident, or from some agitation of mind, by accident when a +thing has happened in a different way from what was expected,--from +some agitation, when either forgetfulness, or mistake, or fear, or +some impulse of desire has been the acting cause. Necessity, too, must +be classed among the causes of unintentional actions or results. + +Again, of good and bad things there are three classes. For they can +exist either in men's minds or bodies, or they may be external to both +of these materials, then, as far as they are subordinate to argument, +all the parts must be carefully turned over in the mind, and +conjectures bearing on the subject before us must be derived from each +part. + +There is also another class of arguments which is derived from traces +of a fact, as a weapon, blood, an outcry which has been raised, +trepidation, changes of complexion, inconsistency of explanation, +trembling, or any of these circumstances which can be perceived by our +senses, or if anything appears to have been prepared, or communicated +to any one, or if anything has been seen or heard, or if any +information has been given. + +But of probabilities some influence us separately by their own weight, +some, although they appear trifling by themselves, still, when all +collected together, have great influence. And in such probabilities as +these there are sometimes some unerring and peculiar distinguishing +characteristics of things. But what produces the surest belief in a +probability is, first of all, a similar instance, then the similarity +of the present case to that instance sometimes even a fable, though it +is an incredible one, has its influence, nevertheless, on men's minds. + +XII. _C. F._ What next? What is the principle of definition, and what +is the system of it? + +_C. P._ There is no doubt but that definition belongs to the genus, +and is distinguishable by a certain peculiarity of the characteristics +which it mentions, or else by a number of common circumstances, from +which we may extract something which looks like a peculiar property. +But since there is often very great disagreement about what are +peculiar properties, we must often derive our definitions from +contraries, often from things dissimilar, often from things parallel. +Wherefore descriptions also are often suitable in this kind of +address, and an enumeration of consequences, and above all things, an +explanation of the names and terms employed, is most effectual. + +_C. F._ You have now then explained nearly all the questions which +arise about a fact, or about the name given to such fact. The next +thing is, when the fact itself and its proper title are agreed upon, +that a doubt arises as to what its character is. + +_C. P._ You are quite right. + +_C. F._ What divisions, then, are there in this part of the argument? + +_C. P._ One urges either that what has been done has been lawfully +done, for the sake either of warding off or of avenging an injury, or +under pretext of piety, or chastity, or religion, or one's country, or +else that it has been done through necessity, out of ignorance, or by +chance. For those things which have been done in consequence of some +motion or agitation of the mind, without any positive intention, have, +in legal proceedings, no defence if they are impeached, though they +may have an excuse if discussed on principles unfettered by strict +rules of law. In this class of discussion, in which the question is, +what the character of the act is, one inquires, in the terms of the +controversy, whether the act has been rightly and lawfully done or +not; and the discussion on these points turns on a definition of the +before-mentioned topics. + +_C. F._ Since, then, you have divided the topics to give credit to an +oration into confirmation and reprehension, and since you have fully +discussed the one, explain to me now the subject of reprehension. + +_C. P._ You must either deny the whole of what the adversary has +assumed in argumentation, if you can show it to be fictitious or +false, or you must refute what he has assumed as probable. First of +all, you must urge that he has taken what is doubtful as if it were +certain; in the next place, that the very same things might be said in +cases which were evidently false; and lastly, that these things which +he has assumed do not produce the consequences which he wishes to be +inferred from them. And you must attack his details, and by that means +break down his whole argument. Instances also must be brought forward +which were overruled in a similar discussion; and you must wind up +with the complaints of the condition of the general danger, if the +life of innocent men is exposed to the ingenuity of men devoted to +calumny. + +XIII. _C. F._ Since I know now whence arguments can be derived which +have a tendency to create belief, I am waiting to hear how they are +severally to be handled in speaking. + +_C. P._ You seem to be inquiring about argumentation, and as to how to +develop arguments. + +_C. F._ That is the very thing that I want to know. + +_C. P._ The development, then, of an argument is argumentation; and +that is when you assume things which are either certain or at least +probable, from which to derive a conclusion, which taken by itself is +doubtful, or at all events not very probable. But there are two kinds +of arguing, one of which aims directly at creating belief, the other +principally looks to exciting such and such feelings. It goes straight +on when it has proposed to itself something to prove, and assumed +grounds on which it may depend; and when these have been established, +it comes back to its original proposition, and concludes. But the +other kind of argumentation, proceeding as it were backwards and in an +inverse way, first of all assumes what it chooses, and confirms it; +and then, having excited the minds of the hearers, it throws on to the +end that which was its original object. But there is this variety, and +a distinction which is not disagreeable in arguing, as when we ask +something ourselves, or put questions, or express some command, or +some wish, as all these figures are a kind of embellishment to an +oration. But we shall be able to avoid too much sameness, if we do not +always begin with the proposition which we desire to establish, and if +we do not confirm each separate point by dwelling on it separately, +and if we are at times very brief in our explanation of what is +sufficiently clear, and if we do not consider it at all times +necessary to sum up and enumerate what results from these premises +when it is sufficiently clear. + +XIV. _C. F._ What comes next? Is there any way or any respect in which +those things which are said to be devoid of art, and which you said +just now were accessories to the main argument, require art? + +_C. P._ Indeed they do. Nor are they called devoid of art because +they really are so, but because it is not the art of the orator which +produces them, but they are brought to him from abroad, as it were, +and then he deals with them artistically; and this is especially the +case as to witnesses. For it is often necessary to speak of the whole +class of witnesses, and to show how weak it is; and to urge that +arguments refer to facts, testimony to inclination; and one must have +recourse to precedents of cases where witnesses were not believed; +and with respect to individual witnesses, if they are by nature vain, +trifling, discreditable, or if they have been influenced by hope, by +fear, by anger, by pity, by bribery, by interest; and they must be +compared with the authority of the witnesses in the case cited, +where the witnesses were not believed. Often, also, one must resist +examinations under torture, because many men, out of a desire to avoid +pain, have often told lies under torture; and have preferred dying +while confessing a falsehood to suffering pain while persisting +in their denial. Many men, also, have been indifferent to the +preservation of their own life, as long as they could save those who +were dearer to them than they were to themselves; others, owing to +the nature of their bodies, or to their being accustomed to pain, +or because they feared punishment and execution, have endured the +violence of torture; others, also, have told lies against those whom +they hated. And all these arguments are to be fortified by instances. +Nor is it at all uncertain that (since there are instances on both +sides of a question, and topics also for forming conjectures on both +sides) contrary arguments must be used in contrary cases. There is, +also, another method of disparaging witnesses, and examinations under +torture; for often those answers which have been given may be attacked +very cleverly, if they have been expressed rather ambiguously or +inconsistently, or with any incredible circumstances; or in different +ways by different witnesses. + +XV. _C. F._ The end of the oration remains to be spoken of by you; and +that is included in the peroration, which I wish to hear you explain? + +_C. P._ The explanation of the peroration is easy; for it is divided +into two parts, amplification and enumeration. And the proper place +for amplification is in the peroration, and also in the course of +the oration there are opportunities of digressing for the purpose of +amplification, by corroborating or refuting something which has been +previously said. Amplification, then, is a kind of graver affirmation, +which by exciting feelings in the mind conciliates belief to one's +assertion. It is produced by the kind of words used, and by the +facts dwelt upon. Expressions are to be used which have a power of +illustrating the oration; yet such as are not unusual, but weighty, +full-sounding, sonorous, compound, well-invented, and well-applied, +not vulgar; borrowed from other subjects, and often metaphorical, not +consisting of single words, but dissolved into several clauses, which +are uttered without any conjunction between them, so as to appear more +numerous. Amplification is also obtained by repetition, by iteration, +by redoubling words, and by gradually rising from lower to loftier +language; and it must be altogether a natural and lively sort of +speech, made up of dignified language, well suited to give a high +idea of the subject spoken of. This then is amplification as far as +language goes. To the language there must be adapted expression +of tone, of countenance, and gesture, all in harmony together and +calculated to rouse the feelings of the hearers. But the cause must be +maintained both by language and action, and carried on according to +circumstances. For, because these appear very absurd when they are +more vehement than the subject will bear, we must diligently consider +what is becoming to each separate speaker, and in each separate case. + +XVI. The amplification of facts is derived from all the same topics +as those arguments which are adduced to create belief. And above all +things, a number of accumulated definitions carries weight with it, +and a repeated assertion of consequents, and a comparison of contrary +and dissimilar facts, and of inconsistent circumstances. Causes too, +and those things which arise from causes, and especially similarities +and instances, are efficacious; so also are imaginary characters. +Lastly, mute things may be introduced as speaking, and altogether all +things are to be employed (if the cause will allow of them) which are +considered important; and important things are divisible into two +classes. For there are some things which seem important by nature, +and some by use. By nature, as heavenly and divine things, and those +things the causes of which are obscure, as those things which are +wonderful on the earth and in the world, from which and from things +resembling which, if you only take care, you will be able to draw +many arguments for amplifying the dignity of the cause which you +are advocating. By use; which appear to be of exceeding benefit or +exceeding injury to men; and of these there are three kinds suitable +for amplification. + +For men are either moved by affection, for instance, by affections for +the gods, for their country, or for their parents; or by love, as for +their wives, their brothers, their children, or their friends; or by +honourableness, as by that of the virtues, and especially of those +virtues which tend to promote sociability among men, and liberality. +From them exhortations are derived to maintain them; and hatred is +excited against, and commiseration awakened for those by whom they are +violated. + +XVII. It is a very proper occasion for having recourse to +amplification, when these advantages are either lost, or when there +is danger of losing them. For nothing is so pitiable as a man who has +become miserable after having been happy. And this is enough to move +us greatly, if any one falls from good fortune; and if he loses all +his friends; and if we have it briefly explained to us what great +happiness he is losing or has lost, and by what evils he is +overwhelmed, or is about to be overwhelmed. For tears soon dry, +especially at another's misfortunes. Nor is there anything which it is +less wise to exhaust than amplification. For all diligence attends to +minutiae; but this topic requires only what is on a large scale. Here +again is a matter for a man's judgment, what kind of amplification we +should employ in each cause. For in those causes which are embellished +for the sake of pleasing the hearers, those topics must be dealt +with, which can excite expectation, admiration, or pleasure. But in +exhortations the enumerations of instances of good and bad fortune, +and instances and precedents, are arguments of great weight. In trials +those topics are the most suitable for an accuser which tend to excite +anger; those are usually the most desirable for a person on his trial +which relate to raising pity. But some times the accuser ought to seek +to excite pity, and the advocate for the defence may aim at rousing +indignation. + +Enumeration remains; a topic sometimes necessary to a panegyrist, not +often to one who is endeavouring to persuade; and more frequently to +a prosecutor than to a defendant. It has two turns, if you either +distrust the recollection of those men before whom you are pleading, +either on account of the length of time that has elapsed since the +circumstances of which you are speaking, or because of the length of +your speech; in this case your cause will have the more strength if +you bring up numberless corroborative arguments to strengthen your +speech, and explain them with brevity. And the defendant will have +less frequent occasion to use them, because he has to lay down +propositions which are contrary to them: and his defence will come out +best if it is brief, and full of pungent stings. But in enumeration, +it will be necessary to avoid letting it have the air of a childish +display of memory; and he will best avoid that fault who does not +recapitulate every trifle, but who touches on each particular briefly, +and dwells only on the more weighty and important points. + +XVIII. _C. F._ Since you have now discussed the orator himself and his +oration, explain to me now the topic of questions, which you reserved +for the last of the three. + +_C. P._ There are, as I said at the beginning, two kinds of questions: +one of which, that which is limited to times and persons, I call the +cause; the other, which is infinite, and bounded neither by times nor +by persons, I call the proposition. But consultation is, as it were, a +part of the cause and controversy. For in the definite there is what +is infinite, and nevertheless everything is referred to it. Wherefore, +let us first speak of the proposition; of which there are two kinds: +one of investigation; the end of this science, as for instance, +whether the senses are to be depended upon; the other of action, which +has reference to doing something: as if any one were to inquire by +what services one ought to cultivate friendship. Again, of the former, +namely, of investigation, there are three kinds: whether a thing is, +or is not; what it is; of what sort it is. Whether it is or not, as +whether right is a thing existing by nature or by custom. But what +a thing is, as whether that is right which is advantageous to the +greater number. And again, what sort of a thing anything is, as +whether to live justly is useful or not. + +But of action there are two kinds. One having reference to pursuing +or avoiding anything; as for instance, by what means you can acquire +glory, or how envy may be avoided. The other, which is referred to +some advantage or expediency; as how the republic ought to be managed, +or how a man ought to live in poverty. + +But again in investigation, when the question is whether a thing is, +or is not, or has been, or is likely to be. One kind of question is, +whether anything can be effected; as when the question is whether any +one can be perfectly wise. Another question is, how each thing can +be effected; as for instance, by what means virtue is engendered, by +nature, or reason, or use. And of this kind are all those questions +in which, as in obscure subjects or those which turn on natural +philosophy, the causes and principles of things are explained. + +XIX. But of that kind in which the question is what that is which is +the subject of discussion, there are two sorts; in the one of which +one must discuss whether one thing is the same as another, or +different from it; as whether pertinacity is the same as perseverance. +But in the other one must give a description and representation as it +were of some genus; as for instance, what sort of a man a miser is, or +what pride is. + +But in the third kind, in which the question is what sort of thing +something is, we must speak either of its honesty, or of its utility, +or of its equity. Of its honesty thus. Whether it is honourable to +encounter danger or unpopularity for a friend. But of its expediency +thus. Whether it is expedient to occupy oneself in the conduct of +state affairs. But of its equity thus. Whether it is just to prefer +one's friend to one's relations. And in the same kind of discussion, +in which the question is what sort of thing something is, there arises +another kind of way of arguing. For the question is not simply what +is honourable, what is expedient, what is equitable; but also by +comparison, which is more honourable, which is more expedient, which +is more equitable; and even which is most honourable, which is +most expedient, which is most equitable. Of which kind are those +speculations, which is the most excellent dignity in life. And all +these questions, as I have said before, are parts of investigation. + +There remains the question of action. One kind of which is conversant +with the giving of rules which relate to principles of duty; as, for +instance, how one's parents are to be reverenced. And the other to +tranquillising the minds of men and healing them by one's oration; as +in consoling affliction, in repressing ill-temper, in removing fear, +or in allaying covetousness. And this kind is exactly opposed to that +by means of which the speaker proposes to engender those same feelings +of the mind, or to excite them, which it is often requisite to do +in amplifying an oration. And these are nearly all the divisions of +consultation. XX. _C. F._ I understand you. But I should like to hear +from you what in these divisions is the proper system for discovering +and arranging the heads of one's discourse. + +_C. P._ What? Do you think it is a different one, and not the same +which has been explained, so that everything may be deduced from the +same topics, both to create belief, and to discover arguments? But the +system of arrangement which has been explained as appropriate to other +kinds of speeches may be transferred to this also. + +Since therefore we have now investigated the entire arrangement of the +consultations which we proposed to discuss, the kinds of causes are +now the principal things which remain. And their species is twofold; +one of which aims at affording gratification to the ears, while the +whole object of the other is to obtain, and prove, and effect +the purpose which it has in view. Therefore the former is called +embellishment, and as that may be a kind of extensive operation, and +sufficiently various, we have selected one instance of it which we +adopt for the purpose of praising illustrious men, and of vituperating +the wicked ones. For there is no kind of oration which can be either +more fertile in its topics, or more profitable to states, or in which +the orator is bound to have a more extensive acquaintance with virtues +and vices. But the other class of causes is conversant either with the +foresight of the future, or with discussions on the past. One of which +topics belongs to deliberation and the other to judgment. From which +division three kinds of causes have arisen; one, which, from the +best portion of it, is called that of panegyric; another that of +deliberation; the third that of judicial decisions. Wherefore let us +first, if you please, discuss the first. + +_C. F._ Certainly, I do please. + +XXI. _C. P._ And the systems of blaming and praising, which have +influence not only on speaking well but also on living honourably, I +will explain briefly; and I will begin from the first principles of +praise and blame. For everything is to be praised which is united with +virtue; and everything which is connected with vice is to be blamed. +Wherefore the end of the one is honour, of the other baseness. But +this kind of discourse is composed of the narration and explanation of +facts, without any argumentations, in a way calculated to handle the +feelings of the mind gently rather than to create belief or to confirm +it in a suitable manner. For they are not doubtful points which are +established in this way; but those which being certain, or at least +admitted as certain, are enlarged upon. Wherefore the rules for +narrating them and enlarging upon them must be sought for from among +those which have been already laid down. + +And since in these causes the whole system has reference generally to +the pleasure and entertainment of the hearer, the speakers must employ +in them all the beauties of those separate expressions which have in +them the greatest amount of sweetness. That is, he must often use +newly-coined words, and old-fashioned words, and metaphorical +language; and in the very construction of his periods he must often +compare like with like, and parallel cases with parallel. He must +have recourse to contrasts, to repetitions, to harmoniously-turned +sentences, formed not like verses, but to gratify the sensations of +the ears by as it were a suitable moderation of expression. And those +ornaments are frequently to be employed, which are of a marvellous and +unexpected character, and also those which are full of monsters, and +prodigies, and oracles. And also those things must be mentioned which +appeared to have befallen the man of whom the orator is speaking in +consequence of some divine interposition, or decree of destiny. For +all the expectation and admiration of the hearer, and all unexpected +terminations, contribute to the pleasure which is felt in listening to +the orator. + +XXII. But since advantages or evils are of three classes, external, +affecting the mind, or affecting the body, the first are external +which are derived from the genus; and this being praised in brief and +moderate terms, or, if it is discreditable, being passed over; if it +is of a lowly nature, being either passed over, or handled in such a +way as to increase the glory of him whom you are praising. In the next +place, if the case allows it, we must speak of his fortune and his +abilities, and after that of his personal qualifications; among which +it is very natural to praise his beauty, which is one of the greatest +indications of virtue. After that we must come to his actions. The +arrangement is threefold. For we must have regard either to the order +of time, or the most recent actions must be spoken of first, or else +many and various actions of his must be classified according to the +different kinds of virtue which they display. But this topic of +virtues and vices, which is a very extensive one, will now be brought +into a very brief and narrow compass, instead of the many and various +volumes in which philosophers have discussed it. + +The power of virtue then is twofold, for virtue is distinguished +either by theory or by practice. For that which is called prudence, +or shrewdness, or (if we must have the most dignified title for it) +wisdom, is all theoretical. But that which is praised as regulating +the passions, and restraining the feelings of the mind, finds its +exercise in practice. And its name is temperance. And prudence when +exerted in a man's own business is called domestic, when displayed in +the affairs of the state is called civil prudence. But temperance in +like manner is divided according to its sphere of action, whether +displayed in a man's own affairs, or in those of the state. And it is +discerned in two ways with respect to advantages, both by not desiring +what it has not got, and by abstaining from what it is in its power to +get. Again, in the case of disadvantages it is also twofold; for that +quality which resists impending evils is called fortitude; that which +bears and endures the evil that is present is termed patience. And +that which embraces these two qualities is called magnanimity. And one +of the forms of this virtue is shown in the use of money. And at +the same time loftiness of spirit in supporting disadvantages, and +especially injuries, and everything of the sort, being grave, sedate, +and never turbulent. But that division of virtue which is exercised +between one being and another is called justice. And that when +exercised towards the gods is called religion; towards one's +relations, affection; towards all the world, goodness; when displayed +in things entrusted to one, good faith; as exhibited in moderation of +punishment, lenity; when it develops itself in goodwill towards an +individual its name is friendship. + +XXIII. And all these virtues are visible in practice. But there are +others, which are as it were the handmaidens and companions of wisdom; +one of which distinguishes between and decides what arguments in a +discussion are true or false, and what follows from what premises. And +this virtue is wholly placed in the system and theory of arguing; but +the other virtue belongs to the orator. For eloquence is nothing but +wisdom speaking with great copiousness; and while derived from the +same source as that which is displayed in disputing, is more rich, and +of wider application, better suited to excite the minds of men and to +work on the feelings of the common people. But the guardian of all +the virtues, which avoids all conspicuousness, and yet attains the +greatest eminence of praise, is modesty. And these are for the most +part certain habits of mind, so affected and disposed as to be each of +them distinguished from one another by some peculiar kind of virtue; +and according as everything is done by one of them, in the same +proportion must it be honourable and in the highest degree +praiseworthy. But there are other habits also of a well-instructed +mind which has been cultivated beforehand as it were, and prepared for +virtue by virtuous pursuits and accomplishments: as in a man's private +affairs, the studies of literature, as of tunes and sounds, of +measurement, of the stars, of horses, of hunting, of arms. In the +affairs of the commonwealth his eager pursuit of some particular kind +of virtue, which he selects as his especial object of devotion, in +discharging his duty to the gods, or in showing careful and remarkable +affection to his relations, his friends, or those connected with +family ties of hospitality. And these then are the different kinds of +virtue. But those of vice are their exact contraries. + +But these also must be examined carefully, so that those vices may not +deceive us which appear to imitate virtue. For cunning tries to assume +the character of prudence, and moroseness, in despising pleasures, +wishes to be taken for temperance; and pride, which puffs a man up, +and which affects to despise legitimate honours, seeks to vaunt itself +as magnanimity; prodigality calls itself liberality, audacity imitates +courage, hardhearted sternness imitates patience, bitterness justice, +superstition religion, weakness of mind lenity, timidity modesty, +captiousness and carping at words wishes to pass for acuteness in +arguing, and an empty fluency of language for this oratorical vigour +at which we are aiming. And those, too, appear akin to virtuous +pursuits, which run to excess in the same class. + +Wherefore all the force of praise or blame must be derived from these +divisions of virtues and vices. But in the whole context, as it were, +of the oration, these points must above all others be made clear,--how +each person spoken of has been born, how he has been educated, how +he has been trained, and what are his habits; and if any great or +surprising thing has happened to any one, especially if anything which +has happened should appear to have befallen him by the interposition +of the gods; and also whatever the person in question has thought, or +said, or done, must be adapted to the different kinds of virtue which +have been enumerated, and from the same topics we must inquire into +the causes of things, and the events, and the consequences. Nor ought +the death of those men, whose life is praised, to be passed over in +silence; provided only, there be anything noticeable either in the +manner of their death, or in the consequences which have resulted from +their death. + +XXIV. _C. F._ I have attended to what you say, and I have learnt +briefly, not only how to praise another, but also how to endeavour to +deserve to be praised myself. Let us, then, consider in the next +place what system and what rules we are to observe in delivering our +sentiments. + +_C. P._ In deliberation, then, the end aimed at is utility, to which +everything is referred in giving counsel, and in delivering our +sentiments, so that the first thing which requires to be noticed by +any one who is advising or dissuading from such and such a course of +action is what is possible to be done, or what is impossible; or what +is necessary to be done, or what is unnecessary. For if a thing be +impossible there is no use in deliberating about it, however desirable +it may be; and if a thing be necessary, (when I say necessary, I mean +such that without it we cannot be safe or free), then that must +be preferred to everything else which is either honourable or +advantageous in public affairs. But when the question is, What can be +done? we must also consider how easily it can be done: for the things +which are very difficult are often to be considered in the same +light as if they were totally impossible. And when we are discussing +necessity, although there may be something which is not absolutely +necessary, still we must consider of how much importance it is. For +that which is of very great importance indeed, is often considered +necessary. Therefore, as this kind of cause consists of persuasion and +dissuasion, the speaker who is trying to persuade, has a simple course +before him; if a thing is both advantageous and possible, let it be +done. The speaker who is trying to dissuade his hearers from some +course of action, has a twofold division of his labour. One, if it is +not useful it must not be done; the other, if it is impossible it must +not be undertaken. And so, the speaker who is trying to persuade must +establish both these points; the one whose object it is to dissuade, +may be content with invalidating either. + +Since, then, all deliberation turns on these two points, let us first +speak of utility, which is conversant about the distinction between +advantages and disadvantages. But of advantages, some are necessarily +such; as life, chastity, liberty, or as children, wives, relations, +parents; and some are not necessarily such; and of these last, some +are to be sought for their own sakes, as those which are classed among +the duties or virtues, and others are to be desired because they +produce some advantage, as riches and influence. But of those +advantages which are sought for their own sake, some are sought for +their honourableness, some for their convenience, which is inherent +in them: those are sought for their honourableness which proceed from +those virtues which have been mentioned a little while ago, which are +intrinsically praiseworthy on their own account; but those are sought +on account of some inherent advantage which are desirable as to goods +of fortune or of the body: some of which are to a certain extent +combined with honourableness, as honour, and glory; some have no +connexion with that, as strength, beauty, health, nobleness, riches, +troops of dependents. There is also a certain sort of matter, as +it were, which is subordinate to what is honourable, which is most +particularly visible in friendship. But friendships are seen in +affection and in love. For regard for the gods, and for our parents, +and for our country, and for those men who are eminent for wisdom or +power, is usually referred to affection; but wives, and children, +and brothers, and others whom habit and intimacy has united with us, +although they are bound to us by affection, yet the principal tie +is love. As, then, you know now what is good in these things, it is +easily to be understood what are the contrary qualities. + +XXV. But if we were able always to preserve what is best, we should +not have much need of deliberation, since that is usually very +evident. But because it often happens on account of some peculiarity +in the times, which has great weight, that expediency is at variance +with what is honourable, and since the comparison of the two +principles gives rise to deliberation, lest we should either pass over +what is seasonable, on account of some considerations of dignity, or +what is honourable on account of some idea of expediency, we may give +examples to guide us in explaining this difficulty. And since an +oration must be adapted not only to truth, but also to the opinions of +the hearers, let us first consider this, that there are two kinds of +men: one of them unlettered and rustic, always preferring what is +expedient to what is honourable; the other, accomplished and polite, +preferring dignity to everything. Therefore, the one class sets its +heart upon, praise, honour, glory, good faith, justice, and every +virtue; but the other regards only gain, emolument, and profit. And +even pleasure, which is above all things hostile to virtue, and which +adulterates the nature of what is good by a treacherous imitation of +it, which all men of grosser ideas eagerly follow, and which prefers +that spurious copy, not only to what is honourable, but even to what +is necessary, must often be praised in a speech aiming at persuasion, +when you are giving counsel to men of that sort. + +XXVI. This also must be considered, how much greater eagerness men +display in fleeing from what is disadvantageous, than in seeking what +is advantageous; for they are in the same manner not so zealous in +seeking what is honourable, as in avoiding what is base. For who +ever seeks for honour, or glory, or praise, or any kind of credit as +earnestly as he flees from ignominy, infamy, contumely, and disgrace? +For these things are attended with great pain. There is a class of +men born for honour, not corrupted by evil training and perverted +opinions--on which account, when exhorting or persuading, we must keep +in view the object of teaching them by what means we may be able to +arrive at what is good, and to avoid what is evil. But before men who +have been properly brought up we shall dwell chiefly on praise and +honourableness, and speak chiefly of those kinds of virtues which are +concerned in maintaining and increasing the general advantage of men. +But if we are speaking before uneducated and ignorant men, then we +shall set before them profits, emoluments, pleasures, and the means +of escaping pain; we shall also introduce the mention of insult and +ignominy; for no one is such a clown, as not (even though honour +itself may have no influence on him) to be greatly moved by insult and +disgrace. + +Wherefore we must find out from what has been already said, what has +reference to utility; but as to what is possible to be done or not, +with reference to which people usually inquire also how easily a thing +can be done, and how far it is desirable that it should be done, we +must consider chiefly with reference to those causes which produce +each separate result. For there are some causes which of themselves +produce results, and some which only contribute to the production of a +result. Therefore, the first are called efficient causes; and the +last are classed as such, that without them a thing cannot be brought +about. Again, of efficient causes, some are complete and perfect in +themselves; some are accessory to, and, as it were, partners in the +production of the result in question. And of this kind the effect is +very much diversified, being sometimes greater or less; so that which +is the most efficacious is often called the only cause, though it is +in reality but the main one. There are also other causes which, either +on account of their origin or on account of their result, are called +efficient causes. But when the question is, what is best to be done, +then it is either utility or the hope of doing it which urges men's +minds to agree with the speaker. And since we have now said enough +about utility, let us speak of the means of effecting it. + +XXVII. And on this point of the subject we must consider with whom, +and against whom, and at what time, and in what place we are to do +such and such a thing, also what means of arms, money, allies, or +those other things which relate to the doing of any particular thing +we have it in our power to employ. Nor must we consider only +those means which we have, but those circumstances also which +are unfavourable to us. And if in the comparison the advantages +preponderate, then we must persuade our hearers, not only that what we +are advising can be effected, but we must also take care that it shall +appear easy, manageable, and agreeable. But if we are dissuading from +any particular course, then we must either disparage the utility of +it, or we must make the most of the difficulties of doing it, not +having recourse to other rules, but to the same topics as are +used when trying to persuade our hearers to anything. And whether +persuading or dissuading, the speaker must have a store of precedents, +either modern, which will be the best known, or ancient, which will +perhaps have the most weight. And in this kind of discourse he must +consider how he may be able often to make what is useful or necessary +appear superior to what is honourable, or _vice versâ_. But sentiments +of this kind will have great weight in influencing men's minds, (if it +is desirable to make an impression on them,) which relate either to +the gratification of people's desires, or to the glutting of hatred, +or to the avenging of injury. But if the object is to repress the +feelings of the hearers, then they must be reminded of the uncertainty +of fortune, of the doubtfulness of future events, and of the risk +there may be of retaining their existing fortune, if it is good; and +on the other hand, of the danger of its lasting if it is bad. And +these are topics for a peroration. But in expressing one's opinions, +the opening ought to be short, for the orator does not come forth as a +suppliant, as if he were speaking before a judge, but as an exhorter +and adviser. Wherefore, he ought to settle beforehand with what +intention he is going to speak, what his object is, what the subject +of his discourse is to be, and he ought to exhort his hearers to +listen to him while he detains them but a short time. And the whole of +his oration ought to be simple, and dignified, and embellished rather +by its sentiments than by its expressions. + +XXVIII. _C.F._ I understand the topics of panegyric and persuasion. +Now I am waiting to hear what is suited to judicial oratory, and I +think that that is the only subject remaining. + +_C.P._ You are quite right. And of that kind of oratory the object is +equity, which is regarded, not in a single point of view only, but +very often by a sort of comparison: as when there is a dispute as to +who is the most appropriate prosecutor; or when the possession of an +inheritance is sought for without any express law, or without any +will. In which causes the question is, which alternative is the more +equitable or which is most equitable. And for these causes a supply of +arguments is sought for out of those topics of equity which will be +mentioned presently. And even before the decision is given, there is +often a dispute about the constitution of the bench of judges, when +the question is either whether the person who brings the action has a +right of action, or whether he has it at the present time, or whether +he has ceased to have it, or whether the action ought to be brought +under the provisions of this law, or according to that formula. And +if these points are not discussed, or settled, or decided, before the +case is brought into court, still they often have very great weight +even at the trial itself, when the case is stated in this way:--"You +demanded too much; you demanded it too late; it was not your business +to make such a demand at all; you ought not to have demanded it of me; +or you ought not to have done so under this law, or in accordance with +this formula, or in this court." And this class of cases belongs +to civil law, which depends on laws respecting public and private +affairs, or on precedent; and the knowledge of it seems to have been +neglected by most orators, but to us it appears very necessary for +speaking. Wherefore, as to arranging the right of action, as to +accepting or standing a trial, as to demurring to the illegality of +a proceeding, as to comparisons of justice, all which topics usually +belong to this class of oration, so that although they often get mixed +up with the judicial proceedings, still they appear to deserve to be +discussed separately; and therefore I separate them a little from the +judicial proceedings, more, however, as to the time at which they are +to be introduced into the discussion, than from any real diversity of +character. For all discussions which are introduced about civil law, +or about what is just and good, belong to that sort of discussion in +which we doubt what sort of thing such and such a thing which we are +going to mention is. And this question turns chiefly on equity and +right. + +XXIX. In all causes, then, there are three degrees, of which one at +least is to be taken for the purposes of defence, if you are limited +to one. For you must either take your stand in denying that the act +imputed to you has been done at all, or in denying that that which you +admit to have been done has the effect which, and is of the character +which, the adversary asserts. Or if there can be no doubt as to the +action, or the proper name of the action, then you must deny that what +you are accused of is such as he states it to be; and you must urge +in your defence that what you have done must be admitted to be right. +Accordingly, the first objection,--the first point of conflict with +the adversary, as I may call it, depends on a kind of conjecture; the +second, on a kind of definition, or description, or notion of the +word; but the third plea is to be maintained by a discussion on +equity, and truth, and right, and on the becomingness to man of a +disposition inclined to pardon. And since he who defends ought +not always to resist the accuser by some objection, or denial, or +definition, or opposite principles of equity, but should also at times +advance general principles on which he founds his defence, the first +kind of objection has in it the principle of asserting the charge to +be unjust, an absolute denial of the fact; the second urges that the +definition given by the adversary does not apply to the action in +question the third consists in the advocate defending the action as +having been rightly done, without raising any dispute as to the name +of it. + +In the next place, the accuser must oppose to every argument that, +which if it were not in the accusation, would prevent, there being any +cause at all. Therefore, those arguments which are brought forward in +that way, are said to be the foundations of causes, although those +which are brought forward in opposition to the plan of the defence, +are no more so in reality than the principles of the defence +themselves; but for the sake of distinction, we call that a reason +which is urged by the party on his trial in the way of demurrer for +the sake of repelling an accusation; and unless he had such a refuge +he would have nothing to allege by way of defence: but the foundation +of his defence is that which is alleged by way of undermining the +arguments of the adversary, without which the accusation can have no +ground to stand upon. + +XXX. But from the meeting and conflict, as it were, of the reasons +and of the corroborative proofs, a question arises, which I call a +dispute, in which the question is, what is the question before the +court, and what the dispute is about. For the first point which +the adversaries contend for implies an inquiry of large extent in +conjecture: as "Whether Decius has received the money;" in definition, +as "Whether Norbanus has committed treason against the people;" in +justice, as "Whether Opimius slew Gracchus lawfully." These questions +which come into conflict first by arguing and resisting, are, as I +have said, of wide extent and doubtful meaning. The comparison of the +arguments and corroborative proofs narrows the question in dispute. In +conjecture there is no dispute at all. For no one either can, or ought +to, or is accustomed to, give a reason for an act which he asserts +never took place. Therefore, in these causes the original question and +the ultimate dispute are one and the same thing. But in them, when the +assertion is advanced, "He did not commit treason in proceeding to +violent measures in respect to Caepio; for it was the first indignation +of the Roman people that prompted that violent conduct, and not the +conduct of the tribune: and the majesty, since it is identical +with the greatness of the Roman people, was rather increased than +diminished by retaining that man in power and office." And when the +reply is, "Majesty consists of the dignity of the empire and name of +the Roman people, which that man impairs, who excites sedition by +appealing to the violent passions of the multitude;" then comes the +dispute, Whether his conduct was calculated to impair that majesty, +who acted upon the inclinations of the roman people, so as to do a +thing which was both just and acceptable to them by means of violence. +But in such causes as these, when it is alleged in defence of the +accused party that something has been rightly done, or when it must be +admitted that it has been done, while the principle of the act is open +to discussion: as in the case of Opimius, "I did it lawfully, for the +sake of preserving the general safety and the republic;" and when +Decius replies, "You had no power or right to slay even the wickedest +of the citizens without a trial." Then arises the dispute, "Had +Opimius lawfully the power, for the sake of the safety of the +republic, to put to death a citizen who was overturning the republic, +without his being condemned?" And so those disputes which arise in +these controversies which are marked out by certain persons and times +become gradually infinite, and after the times and persons are put out +of the question, are again reduced to the form and rules under which +their merits can be discussed. + +XXXI. But in corroborative arguments of the most important character, +those points must also be established which can be opposed to the +defence, being derived either from the letter of the law, or of +a will, or from the language of a judicial decision, or of a +stipulation, or of a covenant. And even this kind has no connexion +with those causes which depend upon conjecture. For when an action is +denied altogether, it cannot be impeached by reference to the letter +of the law. It does not even come under definition, as to the +character of the letter of the law itself. For although some +expression or other is to be defined by reference to the letter of the +law, so as to be sure what meaning it has: as when the question arises +out of a will, what is meant by provisions, or out of the covenant of +a lease, what are moveables or fixtures; then it is not the fact of +there being written documents, but the interpretation of what is +written, that gives rise to controversy. But when many things may be +implied by one expression, on account of the ambiguity of some word or +words, so that he who is speaking on the other side may be allowed to +draw the meaning of what is written as is advantageous to him, or in +fact, as he pleases; or, if the document be not drawn up in ambiguous +language, he may either deduce the wish and intention of the writer +from the words, or else say that he can defend what has been done by a +document which is perfectly different relating to the same facts; then +a dispute arises from a comparison of the two written documents; so +that the writings being ambiguous, it is a question which is most +strongly implied; and in a comparison between the letter and the +spirit of the documents an argument is adduced to show which the +judge is the most bound to be guided by; or in documents of a wholly +contradictory nature, which is the most to be approved. + +But when the point in dispute is once established, then the orator +ought to keep in view, what is to be proved by all the arguments +derived from the different topics for discovering arguments. And +although it is quite sufficient for him who sees what is concealed in +each topic, and who has all those topics, as a kind of treasury of +arguments, at his fingers' ends; still we will touch upon those which +are peculiar to certain causes. + +XXXII. In conjecture, then, when the person on his trial takes refuge +in denial of the fact, these are the two first things for the accuser +to consider, (I say accuser, meaning every kind of plaintiff or +commencer of an action; for even without any accuser, in the strict +sense of the word, these same kinds of controversies may frequently +arise;) however, these are his first points for consideration, the +cause and the event. When I say the cause, I mean the reason for doing +a thing. When I say the event, I mean that which was done. And this +same division of cases was made just now, when speaking of the topics +of persuasion. For the rules which were given in deliberating upon the +future, and how they ought to have a bearing upon utility, or a power +of producing effects, a man who is arguing upon a fact is bound to +collect, so as to show that they must have been useful to the man whom +he is accusing, and that the act might possibly have been done by him. +The question of utility, as far as it depends upon conjecture, is +opened, if the accused person is said to have done the act of which he +is accused, either out of the hope of advantage or the fear of injury. +And this argument has the greater weight, the greater the advantages +or disadvantages anticipated are said to be. With reference to the +motive for an action we take into consideration also the feelings of +minds, if any recent anger, or long-standing grudge, or desire for +revenge, or indignation at an injury; if any eagerness for honour, or +glory, or command, or riches; if any fear of danger, any debt, any +difficulties in pecuniary matters, have had influence; if the man is +bold, or fickle, or cruel, or intemperate, or incautious, or foolish, +or loving, or excitable, or given to wine; if he had any hope of +gaining his point, or any expectation of concealing his conduct; or, +if that were detected, any hope of repelling the charge, or breaking +through the danger, or even postponing it to a subsequent time; or if +the penalty to be inflicted by a court of justice is more trifling +than the prize to be gained by the act; or if the pleasure of the +crime is greater than the pain of the conviction. + +It is generally by such circumstances as these that the suspicion of +an act is confirmed, when the causes why he should have desired it are +found to exist in the party accused, together with the means of +doing it. But in his will we look for the benefit which he may have +calculated on from the attainment of some advantage, or the avoidance +of some disadvantage, so that either hope or fear may seem to have +instigated him, or else some sudden impulse of the mind, which impels +men more swiftly to evil courses than even considerations of utility. +So this is enough to have said about the causes. + +_C.F._ I understand; and I ask you now what the events are which you +have said are produced by such causes? + +XXXIII. _C.P._ They are certain consequential signs of what is past, +certain traces of what has been done, deeply imprinted, which have a +great tendency to engender suspicion, and are, as it were, a silent +evidence of crimes, and so much the more weighty because all causes +appear as a general rule to be able to give ground for accusations, +and to show for whose advantage anything was; and these arguments have +an especial propriety of reference to those who are accused, such as a +weapon, a footstep, blood, the detection of anything which appears to +have been carried off or taken away; or any reply inconsistent with +the truth, or any hesitation, or trepidation, or the fact of the +accused person having been seen with any one whose character is such +as to give rise to suspicion; or of his having been seen himself in +that very place in which the action was done; or paleness, or tremor, +or any writing, or anything having been sealed up or deposited +anywhere. For these are circumstances of such a nature as to make the +charge full of suspicion, either in connexion with the act itself, or +with the time previous or subsequent to it. And if they are not so, +still it will be proper to rely on the causes themselves, and on the +means which the accused person had of doing the action, with the +addition of that general argument, that he was not so insane as to be +unable to avoid or conceal any indications of the action, so as to be +discovered and to give ground for an accusation. On the other hand, +there is that common topic, that audacity is joined to rashness, not +to prudence. Besides, there comes the topic suited to amplification, +that we are not to wait for his confessing; that offences are proved +by arguments; and here, too, precedents will be adduced. And thus much +about arguments. + +XXXIV. But if there is also a sufficiency of witnesses, the first +thing will be to praise the party accused, and to say that he himself +has taken care not to be convicted by argument; that he could not +escape from witnesses: then each of the witnesses must be praised, +(and we have stated already what are the things for which people +can be praised;) and in the next place, it must be urged that it is +possible for it to be quite justifiable not to yield to a specious +argument, (inasmuch as such an one is often false,) but quite +impossible to refuse belief to a good and trusty man, unless there is +some fault in the judge. And then, too, if the witnesses are obscure +or insignificant, we must say that a man's credit is not to be +estimated by his fortune, but that those are the most trustworthy +witnesses on every point who have the easiest means of knowing the +truth of the matter under discussion. If the fact of an examination of +slaves under torture having taken place, or a demand that such should +take place, will assist the cause, then in the first place the general +character of such examinations must be extolled: we must speak of +the power of bodily pain; of the opinion of our ancestors, who would +certainly have abolished the whole system if they had not approved of +it; of the customs of the Athenians and Rhodians, very wise men, among +whom (and that is a most terrible thing) even freemen and citizens +are tortured; of the principles also of the most prudent of our own +countrymen, who though they are unwilling to allow slaves to be +examined against their masters, still did allow of such examination in +the case of incest and conspiracy,--and in fact such an examination +took place in my consulship. That declamation which men are in the +habit of using to throw discredit on such examinations must be laughed +out of court, and called studied and childish. Then a belief must be +inculcated that the examination has been conducted with care, and +without any partiality; and the answers given in the examination must +be weighed by arguments and by conjecture. And these are for the most +part the divisions of an accusation. + +XXXV. But the first division of a defence is the invalidating of the +motives alleged for the action,--either as having no real existence, +or as not having been so important, or as not having been likely to +influence any one but the person accused; or we may urge that he could +have attained the same object more easily; or that he is not a man +of such habits, or of such a character; or that he was not so much a +slave to sudden impulses, or at all events not to such trifling ones. +And the advocate for the defence will disparage the means alleged +to be in the power of the accused person, if he shows that either +strength, or courage, or power, or resources were wanting to him; or +that the time was unfavourable, or the place unsuitable; or that there +were many witnesses, not one of whom he would have chosen to trust; or +that he was not such a fool as to undertake a deed which he could not +conceal; nor so senseless as to despise the penalties of the law and +the courts of justice. And he will do away with the effect of the +consequences alleged, by explaining that those things are not certain +proofs of an act which might have happened even if the act had never +been done; and he will dwell on the details, and urge that they belong +as much to what he himself alleges was the fact, as to that which is +at present the ground of accusation: or if he agrees with the accuser +on those points, still he will say that ought to be of avail rather as +a defence to himself against danger, than as an engine for injuring +his safety; and he will run down the whole body of witnesses and +examinations under torture, generally, and also in detail as far as +he can, by the use of the topics of reprehension which have been +explained already. The openings of these causes which are intended to +excite suspicion by their bitterness will be thus laid down by the +accuser; and the general danger of all intrigues will be denounced; +and men's minds will be excited so as to listen attentively. But the +person who is being accused will bring forward complaints of charges +having been trumped up against him, and suspicions ferreted out from +all quarters; and he will speak of the intrigues of the accuser, and +also of the common danger of all citizens from such proceedings: and +so he will try to move the minds of the judges to pity, and to excite +their good-will in some degree. But the narration of the accuser will +be a separate count, as it were, which will contain an explanation +of every sort of transaction liable to suspicion, with every kind +of argument scattered over it, and all the topics for the defence +discredited. But the speaker for the defence must pass over or +discredit all the arguments employed to raise suspicion, and will +limit himself to a narration of the actual facts and events which have +taken place. But in the corroboration of our own arguments, and in the +invalidation of those of our adversaries, it will be often the object +of the accuser to rouse the feelings of the minds of his hearers, and +of the advocate for the defence to pacify them. And this will be the +course of both of them especially in the peroration. The one must +have recourse to a reiteration of his arguments, and to a general +accumulation of them together; the other, when he has once clearly +explained his own cause, refuting the statements of his adversary, +must have recourse to enumeration; and, when he has effaced every +unfavourable impression, then at the end he will endeavour to move the +pity of his judges. + +XXXVI. _C.F._ I think I know now how conjecture ought to be dealt +with. Let me hear you now on the subject of definition. + +_C.P._ With respect to that the rules which are given are common to +the accuser and the defender. For whichever of them by his definition +and description of a word makes the greatest impression on the +feelings and opinions of the judges, and whichever keeps nearest to +the general meaning of the word, and to that preconceived opinion +which those who are the hearers have adopted in their minds, must +inevitably get the better in the discussion. For this kind of topic +is not handled by a regular argumentation, but by shaking out, as it +were, and unfolding the word; so that, if, for instance, in the case +of a criminal acquitted through bribery and then impeached a second +time, the accuser were to define prevarication to be the utter +corruption of a tribunal by an accused person; and the defender were +to urge a counter definition, that it is not every sort of corruption +which is prevarication, but only the bribing of a prosecutor by a +defendant: then, in the first place, there would be a contest between +the different alleged meanings of the word; in which case, though +the definition, if given by the speaker for the defence, approaches +nearest to general usage and to the sense of common conversation, +still the accuser relies on the spirit of the law, for he says that it +ought not to be admitted that those men who framed the laws considered +a judicial decision as ratified when wholly corrupt, but that if even +one judge be corrupted, the decision should be annulled. He relies on +equity; he urges that the law ought to have been framed differently, +if that was what was meant; but that the truth is, that whatever kinds +of corruption could possibly exist were all meant to be included under +the one term prevarication. But the speaker for the defence will bring +forward on his side the usage of common conversation; and he will seek +the meaning of the word from its contrary; from a genuine accuser, +to whom a prevarication is the exact opposite; or from consequents, +because the tablets are given to the judge by the accuser; and from +the name itself, which signifies a man who in contrary causes appears +to be placed, as it were, in various positions. But still he himself +will be forced to have recourse to topics of equity, to the authority +of precedents, and to some dangerous result. And this may be a general +rule, that when each has stated his definition, keeping as accurately +as he can to the common sense and meaning of the word, he should then +confirm his own meaning and definition by similar definitions, and by +the examples of those men who have spoken in the same way. + +And in this kind of cause that will be a common topic for the +accuser,--that it must never be permitted that the man who confesses a +fact, should defend himself by a new interpretation of the name of it. +But the defender must rely on those general principles of equity which +I have mentioned, and he must complain that, while that is on his +side, he is weighed down not by facts, but by the perverted use of a +word; and while speaking thus he will be able to introduce many topics +suited to aid him in discovering arguments. For he will avail himself +of resemblances, and contrarieties, and consequences; and although +both parties will do this, still the defendant, unless his cause is +evidently ridiculous, will do so more frequently. But the things which +are in the habit of being said, for the sake of amplification, or in +the way of digression, or when men are summing up, are introduced +either to excite hatred, or pity, or to work on the feelings of the +judges by means of those arguments which have been already given; +provided that the importance of the facts, or the envy of men, or the +dignity of the parties, will allow of it. + +XXXVII. _C.F._ I understand that. Now I wish to hear you speak of that +part which, when the question is what is the character of such and +such a transaction, will be suitable both for the accusation and also +for the defence. + +_C.P._ In a cause of that kind those who are accused confess that they +did the very thing for which they are blamed; but since they allege +that they did it lawfully, it is necessary for us to explain the +whole principles of law. And that is divided into two principal +divisions,--natural law and statute law. And the power of each of +these is again distributed into human law and divine law; one of which +refers to equity and the other to religion. But the power of equity +is two-fold: one part of which is upheld by considerations of what is +straightforward, and true, and just, and, as it is said, equitable and +virtuous; the other refers chiefly to requiting things done to one +suitably,--which in the case of that which is to be requited being a +kindness, is called gratitude, but when it is an injury, it is called +revenge. And these principles are common both to natural and statute +law. But there are also other divisions of law; for there is both the +written and the unwritten law,--each of which is maintained by the +rights of nations and the customs of our ancestors. Again, written +law is divided into public law and private law. Public law is laws, +resolutions of the senate, treaties; private law is accounts, +covenants, agreements, stipulations. + +But those laws which are unwritten, owe their influence either to +custom or to some agreement between, and as it were to the common +consent of men. And indeed it is in some degree prescribed to us by +the laws of nature, that we are to uphold our customs and laws. And +since the foundations of equity have been briefly explained in this +manner, we ought to meditate carefully, with reference to causes of +this kind, on what is to be said in our speeches about nature, and +laws, and the customs of our ancestors, and the repelling of injuries, +and revenge, and every portion of human rights. If a man has done +anything unintentionally, or through necessity, or by accident, which +men would not be excused for doing if they did it of their own accord +and intentionally, by way of deprecating punishment for the action he +should implore pardon and indulgence, founding his petition on many +topics of equity. I have now explained as well as I could every kind +of controversy, unless there is anything besides which you wish to +know. + +XXXVIII. _C.F._ I wish to know that which appears to me to be the +only point left,--what is to be done when the discussion turns upon +expressions in written documents. + +_C.P._ You are right to ask: for when that is explained I shall have +discharged the whole of the task which I have undertaken. The rules +then which relate to ambiguity are common to both parties. For each of +them will urge that the signification which he himself adopts is the +one suited to the wisdom of the framer of the document; each of them +will urge that that sense which his adversary says is to be gathered +from the ambiguous expression in the writing, is either absurd, +or inexpedient, or unjust, or discreditable, or again that it is +inconsistent with other written expressions, either of other men, +or, if possible, of the same man. And he will urge further that the +meaning which he himself contends for is the one which would have been +intended by every sensible and respectable man; and that such an one +would express himself more plainly if the case were to come over +again, and that the meaning which he asserts to be the proper one has +nothing in it to which objection can be made, or with which any fault +can be found; but that if the contrary meaning is admitted, many +vices, many foolish, unjust, and inconsistent consequences must +follow. But when it appears that the writer meant one thing and wrote +another, then he who relies on the letter of the law must first +explain the circumstances of the case, and then recite the law; then +he must press his opponent, repeat the law, reiterate it, and ask +him whether he denies that that is the expression contained in the +writing, or whether he denies the facts of the case. After that he +must invoke the judge to maintain the letter of the law. When he has +dwelt on this sort of corroborative argument he must amplify his case +by praising the law, and attack the audacity of the man who, when he +has openly violated it, and confesses that he has done so, still comes +forward and defends his conduct. Then he must invalidate the defence +when his opponent says that the writer meant one thing and wrote +another, and say that it is intolerable that the meaning of the framer +of the law should be explained by any one else in preference to the +law itself. Why did he write down such words if he did not mean them? +Why does the opponent, while he neglects what is plainly written, +bring forward what is not written anywhere? Why should he think that +men who were most careful in what they wrote are to be convicted of +extreme folly? What could have hindered the framer of this law from +making this exception which the opponent contends that he intended to +make, if he really had intended it? He will then bring forward those +instances where the same writer has made a similar exception, or if +he cannot do that, at least he will cite cases where others have made +similar exceptions. For a reason must be sought for, if it is possible +to find one, why this exception was not made in this case. The law +must be stated to be likely to be unjust, or useless, or else that +there is a reason for obeying part of it, and for abrogating part; it +must be that the argument of the opponent and the law are at variance. +And then, by way of amplification, it will be proper, both in other +parts of the speech, and above all in the peroration, to speak with +great dignity and energy about the desirableness of maintaining the +laws, and of the danger with which all public and private affairs are +threatened. + +XXXIX. But he who defends himself by appeals to the spirit and +intention of the law, will urge that the force of the law depends on +the mind and design of the framer, not on words and letters. And he +will praise him for having mentioned no exceptions in his law, so +as to leave no refuge for offences, and so as to bind the judge to +interpret the intention of the law according to the actions of each +individual. Then he must cite instances in which all equity will be +disturbed if the words of the law are attended to and not the meaning. +Then all cunning and false accusation must be endeavoured to be put +before the judge in an odious light, and complaints uttered in a +tone of indignation. If the action in question has been done +unintentionally, or by accident, or by compulsion, rather than in +consequence of any premeditation,--and actions of those kinds we have +already discussed,--then it will be well to use the same topics of +equity to counteract the effect of the harshness of the language. + +But if the written laws contradict one another, then the connexion of +art is such, and most of its principles are so connected and linked +together, that the rules which we a little while ago laid down for +cases of ambiguity, and which have just been given with reference to +the letter and spirit of the law, may be all transferred to this third +division also. For the topics by which, in the case of an ambiguous +expression, we defended that meaning which is favourable to our +argument must also be used to defend the law which is favourable to us +when there are inconsistent laws. In the next place, we must contrive +to defend the spirit of one law, and the letter of the other. And so +the rules which were just now given relating to the spirit and letter +of the law may all be transferred to this subject. + +XL. I have now explained to you all the divisions of oratory which +have prevailed, as laid down by the academy to which we are devoted, +and if it had not been for that academy they could not have been +discovered, or understood, or discussed. For the mere act of division, +and of definition, and the distribution of the partitions of a +doubtful question, and the understanding the topics of arguments, and +the arranging the argumentation itself properly, and the discerning +what ought to be assumed in arguing, and what follows from what has +been assumed, and the distinguishing what is true from what is false, +and what is probable from what is incredible, and refuting assumptions +which are not legitimate, or which are inappropriate, and discussing +all these different points either concisely as those do who are called +dialecticians, or copiously as an orator should do, are all fruits of +the practice in disputing with acuteness and speaking with fluency, +which is instilled into the disciples of that academy. And without a +knowledge of these most important arts how can an orator have either +energy or variety in his discourse, so as to speak properly of things +good or bad, just or unjust, useful or useless, honourable or base? + +Let these rules then, my Cicero, which I have now explained to you, be +to you a sort of guide to those fountains of eloquence, and if under +my instruction or that of others you arrive at them, you will then +acquire a clearer understanding of these things and of others which +are much more important. + +_C.F._ I will strive to arrive at them with great eagerness, my +father; and I do not think that there is any greater advantage which I +can derive even from your many excellent kindnesses to me. + + + + +THE TREATISE OF M. T. CICERO ON THE BEST STYLE OF ORATORS. + + +This little piece was composed by Cicero as a sort of preface to his +translation of the Orations of Demosthenes and Aeschines de Corona; the +translations themselves have not come down to us. + +I. There are said to be classes of orators as there are of poets. But +it is not so; for of poets there are a great many divisions; for of +tragic, comic, epic, lyric, and also of dithyrambic poetry, which has +been more cultivated by the Latins, each kind is very different from +the rest. Therefore in tragedy anything comic is a defect, and in +comedy anything tragic is out of place. And in the other kinds of +poetry each has its own appropriate note, and a tone well known to +those who understand the subject. But if any one were to enumerate +many classes of orators, describing some as grand, and dignified, +and copious, others as thin, or subtle, or concise, and others as +something between the two and in the middle as it were, he would be +saying something of the men, but very little of the matter. For as to +the matter, we seek to know what is the best; but as to the man, we +state what is the real case. Therefore if any one likes, he has a +right to call Ennius a consummate epic poet, and Pacuvius an excellent +tragic poet, and Caecilius perhaps a perfect comic poet. But I do not +divide the orator as to class in this way. For I am seeking a perfect +one. And of perfection there is only one kind; and those who fall +short of it do not differ in kind, as Attius does from Terentius; but +they are of the same kind, only of unequal merit. For he is the best +orator who by speaking both teaches, and delights, and moves the +minds of his hearers. To teach them is his duty, to delight them is +creditable to him, to move them is indispensable. It must be granted +that one person succeeds better in this than another; but that is not +a difference of kind but of degree. Perfection is one thing; that +is next to it which is most like it; from which consideration it is +evident that that which is most unlike perfection is the worst. + +II. For, since eloquence consists of words and sentences, we must +endeavour, by speaking in a pure and correct manner, that is to say in +good Latin, to attain an elegance of expression with words appropriate +and metaphorical. As to the appropriate words, selecting those which +are most suitable; and when indulging in metaphor, studying to +preserve a proper resemblance, and to be modest in our use of foreign +terms. But of sentences, there are as many different kinds as I +have said there are of panegyrics. For if teaching, we want shrewd +sentences; if aiming at giving pleasure, we want musical ones; if +at exciting the feelings, dignified ones. But there is a certain +arrangement of words which produces both harmony and smoothness; and +different sentiments have different arrangements suitable to them, and +an order naturally calculated to prove their point; but of all +those things memory is the foundation, (just as a building has a +foundation,) and action is the light. The man, then, in whom all +these qualities are found in the highest perfection, will be the most +skilful orator; he in whom they exist in a moderate degree will be a +mediocre orator: he in whom they are found to the slightest extent +will be the most inferior sort of orator. All these, indeed, will be +called orators, just as bad painters are still called painters; not +differing from one another in kind, but in ability. So there is no +orator who would not like to resemble Demosthenes; but Menander did +not want to be like Homer, for his style was different. + +This difference does not exist in orators; or if there be any such +difference, that one avoiding gravity aims rather at subtlety; and on +the other hand, that another desires to show himself acute rather +than polished: such men, although they may be tolerable orators, are +certainly not perfect ones; since that is perfection which combines +every kind of excellence. + +III. I have stated these things with greater brevity than the subject +deserves; but still, with reference to my present object, it was +not worth while being more prolix. For as there is but one kind of +eloquence, what we are seeking to ascertain is what kind it is. And it +is such as flourished at Athens; and in which the genius of the Attic +orators is hardly comprehended by us, though their glory is known to +us. For many have perceived this fact, that there is nothing faulty +in them: few have discerned the other point; namely, how much in them +there is that is praiseworthy. For it is a fault in a sentence if +anything is absurd, or foreign to the subject, or stupid, or trivial; +and it is a fault of language if any thing is gross, or abject, or +unsuitable, or harsh, or far-fetched. Nearly all those men who are +either considered Attic orators or who speak in the Attic manner have +avoided these faults. But if that is all their merit, then they may +deserve to be regarded as sound and healthy, as if we were regarding +athletes, to such an extent as to be allowed to exercise in the +palaestra, but not to be entitled to the crown at the Olympic games. +For the athletes, who are free from defects, are not content as it +were with good health, but seek to produce strength and muscles and +blood, and a certain agreeableness of complexion; let us imitate them, +if we can; and if we cannot do so wholly, at least let us select as +our models those who enjoy unimpaired health, (which is peculiar to +the Attic orators,) rather than those whose abundance is vicious, of +whom Asia has produced numbers. And in doing this (if at least we can +manage even this, for it is a mighty undertaking) let us imitate, if +we can, Lysias, and especially his simplicity of style: for in many +places he rises to grandeur. But because he wrote speeches for many +private causes, and those too for others, and on very trifling +subjects, he appears to be somewhat simple, because he has designedly +filed himself down to the standard of the inconsiderable causes which +he was pleading. + +IV. And a man who acts in this way, even if he be not able to turn out +a vigorous speaker as he wishes, may still deserve to be accounted an +orator, though an inferior one; but even a great orator must often +also speak in the same manner in causes of that kind. And in this way +it happens that Demosthenes is at times able to speak with simplicity, +though perhaps Lysias may not be able to arrive at grandeur. But if +men think that, when an army was marshalled in the forum and in all +the temples round the forum, it was possible to speak in defence of +Milo, as if we had been speaking in a private cause before a single +judge, they measure the power of eloquence by their own estimate of +their own ability, and not by the nature of the case. Wherefore, since +some people have got into a way of repeating that they themselves do +speak in an Attic manner, and others that none of us do so; the one +class we may neglect, for the facts themselves are a sufficient answer +to these men, since they are either not employed in causes, or when +they are employed they are laughed at; for if the laughter which +they excite were in approbation of them, that very fact would be a +characteristic of Attic speakers. But those who will not admit that we +speak in the Attic manner, but yet profess that they themselves are +not orators; if they have good ears and an intelligent judgment, may +still be consulted by us, as one respecting the character of a picture +would take the opinion of men who were incapable of making a picture, +though not devoid of acuteness in judging of one. But if they place +all their intelligence in a certain fastidiousness of ear, and if +nothing lofty or magnificent ever pleases them, then let them say that +they want something subtle and highly polished, and that they despise +what is dignified and ornamented; but let them cease to assert that +those men alone speak in the Attic manner, that is to say, in a +sound and correct one. But to speak with dignity and elegance and +copiousness is a characteristic of Attic orators. Need I say more? Is +there any doubt whether we wish our oration to be tolerable only, or +also admirable? For we are not asking now what sort of speaking is +Attic: but what sort is best. And from this it is understood, since +those who were Athenians were the best of the Greek orators, and since +Demosthenes was beyond all comparison the best of them, that if any +one imitates them he will speak in the Attic manner, and in the +best manner, so that since the Attic orators are proposed to us for +imitation, to speak well is to speak Attically. + +V. But as there was a great error as to the question, what kind of +eloquence that was, I have thought that it became me to undertake a +labour which should be useful to studious men, though superfluous +as far as I myself was concerned. For I have translated the most +illustrious orations of the two most eloquent of the Attic orators, +spoken in opposition to one another: Aeschines and Demosthenes. And I +have not translated them as a literal interpreter, but as an orator +giving the same ideas in the same form and mould as it were, in words +conformable to our manners; in doing which I did not consider it +necessary to give word for word, but I have preserved the character +and energy of the language throughout. For I did not consider that +my duty was to render to the reader the precise number of words, but +rather to give him all their weight. And this labour of mine will have +this result, that by it our countrymen may understand what to require +of those who wish to be accounted Attic speakers, and that they may +recal them to, as it were, an acknowledged standard of eloquence. + +But then Thucydides will rise up; for some people admire his +eloquence. And they are quite right. But he has no connexion with the +orator, which is the person of whom we are in search. For it is +one thing to unfold the actions of men in a narration, and quite a +different one to accuse and get rid of an accusation by arguing. It is +one thing to fix a hearer's attention by a narration, and another to +excite his feelings. "But he uses beautiful language." Is his language +finer than Plato's? Nevertheless it is necessary for the orator whom +we are inquiring about, to explain forensic disputes by a style of +speaking calculated at once to teach, to delight, and to excite. + +VI. Wherefore, if there is any one who professes that he intends to +plead causes in the forum, following the style of Thucydides, no one +will ever suspect him of being endowed with that kind of eloquence +which is suited to affairs of state or to the bar. But if he is +content with praising Thucydides, then he may add my vote to his own. +Moreover, even Isocrates himself, whom that divine author, Plato, who +was nearly his contemporary, has represented in the Phaedrus as being +highly extolled by Socrates, and whom all learned men have called a +consummate orator, I do not class among the number of those who are to +be taken for models. For he is not engaged in actual conflict; he is +not armed for the fray; his speeches are made for display, like foils. +I will rather, (to compare small things with great,) bring on the +stage a most noble pair of gladiators. Aeschines shall come on like +aeserninus, as Lucilius says-- + + + "No ordinary man, but fearless all, + And skill'd his arms to wield--his equal match + Pacideianus stands, than whom the world + Since the first birth of man hath seen no greater." + + +For I do not think that anything can be imagined more divine than that +orator. Now this labour of mine is found fault with by two kinds of +critics. One set says, "But the Greek is better." And I ask them +whether the authors themselves could have clothed their speeches +in better Latin? The others say, "Why should I rather read the +translation than the original?" Yet those same men read the Andria and +the Synephebi; and are not less fond of Terence and Caecilius than of +Menander. They must then discard the Andromache, and the Antiope, and +the Epigoni in Latin. But yet, in fact, they read Ennius and Pacuvius +and Attius more than Euripides and Sophocles. What then is the meaning +of this contempt of theirs for orations translated from the Greek, +when they have no objection to translated verses? + +VII. However, let us now come to the task which we have undertaken, +when we have just explained what the cause is which is before the +court. + +As there was a law at Athens, that no one should be the cause of +carrying a decree of the people that any one should be presented with +a crown while invested with office till he had given in an account of +the way in which he had discharged its duties; and another law, that +those who had crowns given them by the people ought to receive them in +the assembly of the people, and that they who had them given to them +by the senate should receive them in the senate; Demosthenes was +appointed a superintendent of repairs of the walls; and he did it at +his own expense. Therefore, with reference to him Ctesiphon proposed +a decree, without his having given in any accounts, that he should be +presented with a golden crown, and that that presentation should take +place in the theatre, the people being summoned for the purpose, (that +is not the legitimate place for an assembly of the people;) and that +proclamation should be made, "that he received this present on account +of his virtue and devotion to the state, and to the Athenian people." +Aeschines then prosecuted this man Ctesiphon because he had proposed +a decree contrary to the laws, to the effect that a crown should be +given when no accounts had been delivered, and that it should be +presented in the theatre, and that he had made false statements in the +words of his motion concerning Demosthenes's virtue and loyalty; since +Demosthenes was not a good man, and was not one who had deserved well +of the state. + +That kind of cause is indeed inconsistent with the precedents +established by our habits; but still it has an imposing look. For it +has on each side of the question a sufficiently clever interpretation +of the laws, and a very grave contest as to the respective services +done by the two rival orators to the republic. Therefore the object of +Aeschines was, since he himself had been prosecuted on a capital charge +by Demosthenes, for having given a false account of his embassy, that +now a trial should take place affecting the conduct and character of +Demosthenes, that so, under pretence of prosecuting Ctesiphon, he +might avenge himself on his enemy. For he did not say so much about +the accounts not having been delivered, as to the point that a very +bad citizen had been praised as an excellent. + +Aeschines instituted this prosecution against Ctesiphon four years +before the death of Philip of Macedon. But the decision took place a +few years afterwards; when Alexander had become master of Asia. And it +is said that all Greece thronged to hear the issue of the trial. For +what was ever better worth going to see, or better worth hearing, +than the contest of two consummate orators in a most important cause, +inflamed and sharpened by private enmity? + +If then, as I trust, I have given such a copy of their speeches, using +all their excellencies, that is to say, their sentiments, and their +figures, and the order of their facts; adhering to their words only so +far as they are not inconsistent with our customs, (and though they +may not be all translated from the Greek, still I have taken pains +that they should be of the same class,) then there will be a standard +to which the orations of those men must be directed who wish to speak +Attically. But I have said enough of myself--let us now hear Aeschines +speaking in Latin. (_These Orations are not extant_.) + + + + +END OF THE TREATISE. + +FOOTNOTES: + +[Footnote 1: Dolabella had been married to Cicero's daughter Tullia, +but was divorced from her.] + +[Footnote 2: The name was given them early. Juvenal, who wrote within +a hundred years of Cicero's time, calls them "divina Philippica."] + +[Footnote 3: This meeting took place on the third day after Caesar's +death.] + +[Footnote 4: [Greek: Mae mnaesikakin].] + +[Footnote 5: The hook was to drag his carcass along the streets to +throw it into the Tiber. So Juvenal says-- + + "Sejanus ducitur unco + Spectandus."--x. 66.] + +[Footnote 6: This refers to a pillar that was raised in the forum +in honour of Caesar, with the inscription, "To the Father of his +Country."] + +[Footnote 7: _See_ Philippic 2.] + +[Footnote 8: This was the name of a legion raised by Caesar in Gaul, +and called so, probably, from the ornament worn on their helmet.] + +[Footnote 9: He meant to insinuate that Antonius had been forging +Caesar's handwriting and signature] + +[Footnote 10: Fulvia, who had been the wife of Clodius, and afterwards +of Curio, was now the wife of Antonius.] + +[Footnote 11: These were the names of slaves.] + +[Footnote 12: Ityra was a town at the foot of Mount Taurus.] + +[Footnote 13: Brutus was the Praetor urbanus this year, and that +officer's duty confined him to the city; and he was forbidden by law +to be absent more than ten days at a time during his year of office.] + +[Footnote 14: I have translated _jugerum_ "an acre," because it +is usually so translated, but in point of fact it was not quite +two-thirds of an English acre. At the same time it was nearly three +times as large as the Greek [Greek: plethros] such by the fault of +fortune and not by his own. You assumed the manly gown, which you soon +made a womanly one: at first a public prostitute, with a regular price +for your wickedness, and that not a low one. But very soon Curio +stepped in, who carried you off from your public trade, and, as if he +had bestowed a matron's robe upon you, settled you in a steady and +durable wedlock. No boy bought for the gratification of passion was +ever so wholly in the power of his master as you were in Curio's. How +often has his father turned you out of his house? How often has he +placed guards to prevent you from entering? while you, with night +for your accomplice, lust for your encourager, and wages for your +compeller, were let down through the roof. That house could no longer +endure your wickedness. Do you not know that I am speaking of matters +with which I am thoroughly acquainted? Remember that time when Curio, +the father, lay weeping in his bed; his son throwing himself at my +feet with tears recommended to me you; he entreated me to defend you +against his own father, if he demanded six millions of sesterces of +you; for that he had been bail for you to that amount. And he himself, +burning with love, declared positively that because he was unable +to bear the misery of being separated from you, he should go into +banishment. And at that time what misery of that most nourishing +family did I allay, or rather did I remove! I persuaded the father to +pay the son's debts; to release the young man, endowed as he was with +great promise of courage and ability, by the sacrifice of part of his +family estate; and to use his privileges and authority as a father +to prohibit him not only from all intimacy with, but from every +opportunity of meeting you. When you recollected that all this was +done by me, would you have dared to provoke me by abuse if you had not +been trusting to those swords which we behold?] + +[Footnote 15: Sisapo was a town in Spain, celebrated for some mines of +vermilion, which were farmed by a company.] + +[Footnote 16: She was a courtesan who had been enfranchised by her +master Volumnius. The name of Volumnia was dear to the Romans as that +of the wife of Coriolanus, to whose entreaties he had yielded when he +drew off his army from the neighbourhood of Rome.] + +[Footnote 17: This is a play on the name Hippia, as derived from +[Greek: hippos], a horse.] + +[Footnote 18: The custom of erecting a spear wherever an auction +was held is well known, it is said to have arisen from the ancient +practice of selling under a spear the booty acquired in war.] + +[Footnote 19: There seems some corruption here. Orellius apparently +thinks the case hopeless.] + +[Footnote 20: The Latin is, "non solum de die, sed etiam in diem, +vivere;" which the commentators explain, "_De die_ is to feast every +day and all day. Banquets _de die_ are those which begin before the +regular hour." (Like Horace's _Partem solido demere de die_.) "To +live _in diem_ is to live so as to have no thought for the +future."--Graevius.] + +[Footnote 21: This accidental resemblance to the incident in the +"Forty Thieves" in the "Arabian Nights" is curious.] + +[Footnote 22: The _septemviri,_ at full length _septemviri epulones_ +or _epulonum_, were originally triumviri. They were first created BC. +198, to attend to the _epulum Jovis_, and the banquets given in +honour of the other gods, which duty had originally belonged to the +_pontifices_. Julius Caesar added three more, but that alteration did +not last. They formed a _collegium_, and were one of the four +great religious corporations at Rome with the _pontifices_, the +_augures_, and the _quindecemviri_. Smith, Diet, Ant. v. _Epulones_.] + +[Footnote 23: It had been explained before that Fulvia had been the +widow of Clodius and of Curio, before she married Antonius.] + +[Footnote 24: Riddle (Dict. Lat. in voce) says, that this was +the regular punishment for deserters, and was inflicted by their +comrades.] + +[Footnote 25: Cnaeus Octavius, the real father of Octavius Caesar, had +been praetor and governor of Macedonia, and was intending to stand for +the consulship when he died.] + +[Footnote 26: Bambalio is derived from the Greek word [Greek: bambala] +to lisp.] + +[Footnote 27: Julia, the mother of Antonius and sister of Lucius +Caesar, was also a native of Aricia.] + +[Footnote 28: He had intended to propose to the senate to declare +Octavius a public enemy. We must recollect that in these orations +Cicero, even when he speaks of Caius Caesar, means Octavius.] + +[Footnote 29: It is quite impossible to give a proper idea of +Cicero's meaning here. He is arguing on the word _dignus_, from which +_dignitas_ is derived. But we have no means of keeping up the play on +the words in English.] + +[Footnote 30: The general proceeding on such occasions being to ask +each senator's opinion separately, which gave those who chose an +opportunity for pronouncing some encomium on the person honoured.] + +[Footnote 31: Spartacus was the general of the gladiators and slaves +in the Servile war.] + +[Footnote 32: Lepidus had not in reality done any particular service +to the republic (he was afterwards one of the triumviri), but he was +at the head of the best army in the empire, and so was able to be of +the most important service to either party, and, therefore, Cicero +hoped to attach him to his side by this compliment.] + +[Footnote 33: It has been already explained that this was the name of +one legion.] + +[Footnote 34: The mirmillo was the gladiator who fought with the +retiarius; he wore a Gallic helmet with a fish for a crest.] + +[Footnote 35: The English reader must recollect that what is called +Gaul in these orations, is Cisalpine Gaul containing what we now call +the North of Italy, coming down as far south as Modena and Ravenna.] + +[Footnote 36: After the year B.C. 403 there were two classes of Roman +knights, one of which received a horse from the state, and were +included in the eighteen centuries of service, the other class, first +mentioned by Livy (v. 7) in the account of the siege of Veii, served +with their own horses, and instead of having a horse found them, +received a certain pay, (three times that of the infantry) and were +not included in the eighteen centuries of service. The original +knights, to distinguish them from these latter, are often called +_equites equo publico_, sometimes also ficus vanes or _trossuli_ +_Vide_ Smith, Dict. Ant. P. 394-396, v. _Equites_] + +[Footnote 37: He had been one of the septemvirs appointed to preside +over the distribution of the lands.] + +[Footnote 38: Janus was the name of a street near the temple of Janus, +especially frequented by bankers and usurers. It was divided into +_summus, nedus_ and _imus_ Horace says-- + + + Hase Janus summus ab imo + Edocet [lacuna] + Postquam omms res mea Janum + Ad medium fracta cat. + + +] + +[Footnote 39: _I.e. tumultus_, as if it were _tumor multus_] + +[Footnote 40: These were the names of officers devoted to Antonius.] + +[Footnote 41: The province between the Alps and the Rubicon was called +Gallia _Citerior_, or _Oisalpina_, from its situation, also _Togata_, +from the inhabitants wearing the Roman toga. The other was called +_Ulterior_, and by Cicero often _Ultima_, or _Transalpina_, and also +_Comata_, from the fashion of the inhabitants wearing long hair] + +[Footnote 42: Sulpicius was of about the same age as Cicero, and an +early friend of his, and he enjoyed the reputation of being the first +lawyer of his time, or of all who ever had studied law as a profession +in Rome.] + +[Footnote 43: There is some corruption of the text here.] + +[Footnote 44: Brutus had been adopted by his maternal uncle Quintus +Servilius Caepio, so that his legal designation was what is given in +the text now, as Cicero is proposing a formal vote--though at all +other times we see that he calls him Marcus Brutus] + +[Footnote 45: The Latin is _Samiarius_, or as some read it _Samarius_. +Orellius says, "perhaps it means some sort of trade, for I doubt +its having been a Roman proper name." Nizollius says, "Samarius +exul--_proverbium_." Facciolatti calls him a man whose business it was +to clean the arms of the guards, &c. with Samian chalk.] + +[Footnote 46: Vopiscus is another name of Bestia.] + +[Footnote 47: It is impossible to give the force of the original here, +which plays on the word _tabula_. The Latin is, "vindicem enim novarum +tabularum novam tabulam vidimus," _novae tabulae_ meaning as is well +known a law for the abolition of debts, _nova tabula_ in the singular +an advertisement of (Trebellius's) property being to be sold.] + +[Footnote 48: Here too is a succession of puns. Lysidicus is derived +from the Greek [Greek: lyo] to loosen and [Greek: dikae], justice. +_Cimber_ is a proper name, and also means one of the nation of the +Cimbri, _Germanus_ is a German, and _germanus_ a brother, and he means +here to impute to Caius Cimber that he had murdered his brother.] + +[Footnote 49: Compare St Paul,--"For if the trumpet give an uncertain +sound, who shall prepare himself to the battle?" 1 Cor. xiv 8.] + +[Footnote 50: That is, without being crucified like a slave.] + +[Footnote 51: The Latin here is "Itaque Caesaris munera +rosit,"--playing on the name mus, mouse; but Orellius thinks the whole +passage corrupt, and indeed there is evident corruption in the text +here in many places.] + +[Footnote 52: He means Lucius Aemilius Paullus, and Caius Claudius +Marcellus, who were consuls the year after Servius Sulpicius and +Marcus Claudius Marcellus, A.U.C. 704.] + +[Footnote 53: These two were tribunes of the people, who had been +dispossessed of their offices by Julius Caesar.] + +[Footnote 54: There is some difficulty here. Many editors propose to +read "offen lerint" which Orellius thinks would hardly be Latin. He +says, "Antonius is here speaking of those veterans who had deserted +him indeed but who, at the time of his writing this letter, had not +acted against him". Therefore, he says it is open to them to become +reconciled to him again (wishing to conciliate them, and to alarm his +enemies). On the other hand, Cicero replies, Nothing is so open to +them now as to do what their duty to the republic requires. That is to +say, openly to attack you, whose party they have already abandoned.] + +[Footnote 55: There were two wine feasts, Vinalia, at Rome: the +vinalia urbano, celebrated on the twenty-third of April; and the +vinalia rustica, on the nineteenth of October. This was the urbana +vinalia; on which occasion the wine casks which had been filled in the +autumn were tasted for the first time.] + +[Footnote 56: There is much dispute as to who is meant here. Some say +Cicero refers to Amphion, some to Orpheus, and some to Mercury; the +Romans certainly did attribute the civilization of men to Mercury, as +Horace says-- + + Qui feros cultus hominum recenti + Voce formâsti catus I. 9, 2.] + +[Footnote 57: This is very frequently quoted by Cicero; the Latin +lines being the opening of the Medea of Ennius, translated from the +first lines of the Medea of Euripides.] + +[Footnote 58: The Talysus was a hunter at Rhodes, of whom Protogenes +had made an admirable picture, which was afterwards brought to Rome, +and placed in the temple of Peace.] + +[Footnote 59: Brutus was at present propraetor in Gaul.] + +[Footnote 60: Theophrastus's real name was Tyrtamus, but Aristotle, +whose pupil he was, surnamed him Theophrastus, from the Greek words +[Greek: Theos], God and [Greek: phrazo], to speak.] + +[Footnote 61: He refers to the Menexenus.] + +[Footnote 62: Cape si vis.] + +[Footnote 63: "Assiduus. Prop, sitting down, seated, and so, well to +do in the world, rich. The derivation _ab assis duendis_ is therefore +to be rejected. Servius Tullius divided the Roman people into two +classes, _assidui, i. e._ the rich, who could sit down and take their +ease, and _proletarii_, or _capite censi_, the poor."--Riddle, in voc. +_Assiduus_, quoting this passage. One does not see, however, why aelius +and Cicero should not understand the meaning and derivation of a +Latin word. Smith's Dict. Ant. takes no notice of the word at all.] + +[Footnote 64: See chap. x.] + + + + + + + + +End of the Project Gutenberg EBook of The Orations of Marcus Tullius Cicero, +Volume 4, by Cicero + +*** END OF THE PROJECT GUTENBERG EBOOK 11080 *** |