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The Project Gutenberg EBook of Life of Cicero, by Anthony Trollope
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Title: Life of Cicero
Volume One
Author: Anthony Trollope
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<h3>THE</h3>
<h1>LIFE OF CICERO</h1>
<h5>BY</h5>
<h3>ANTHONY TROLLOPE</h3>
<h4><i>IN TWO VOLUMES</i><br />
<span class="smcap">Vol. I.</span></h4>
<h5>NEW YORK<br />
<small>HARPER AND BROTHERS, FRANKLIN SQUARE</small><br />
1881</h5>
<hr />
<h4>CONTENTS OF VOLUME I.</h4>
<hr />
<p><span class='pagenum'><a name="Page_5" id="Page_5">
5</a></span></p>
<table width="100%" summary="TOC">
<tr>
<td class="left_90"> </td>
<td class="rihht_10"><small>PAGE</small></td>
</tr>
<tr>
<td class="center_100">CHAPTER I.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Introduction.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_I">7</a></p>
</td>
</tr>
<tr>
<td class="center_100">CHAPTER II.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">His Education.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_II">40</a></p>
</td>
</tr>
<tr>
<td class="center_100">CHAPTER III.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">The Condition of
Rome.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_III">62</a></p>
</td>
</tr>
<tr>
<td class="center_100">CHAPTER IV.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">His Early
Pleadings.—Sextus Roscius Amerinus.—His
Income.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_IV">80</a></p>
</td>
</tr>
<tr>
<td class="center_100">CHAPTER V.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Cicero as
Quæstor.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_V">107</a></p>
</td>
</tr>
<tr>
<td class="center_100">CHAPTER VI.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Verres.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_VI">125</a></p>
</td>
</tr>
<tr>
<td class="center_100">CHAPTER VII.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Cicero As Ædile and
Prætor.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_VII">162</a></p>
</td>
</tr>
<tr>
<td class="center_100">CHAPTER VIII.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Cicero as Consul.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_VIII">184</a></p>
</td>
</tr>
<tr>
<td class="center_100"><span class='pagenum'><a name="Page_6" id=
"Page_6">6</a></span>CHAPTER IX.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Catiline.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_IX">206</a></p>
</td>
</tr>
<tr>
<td class="center_100">CHAPTER X.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Cicero after his
Consulship.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_X">240</a></p>
</td>
</tr>
<tr>
<td class="center_100">CHAPTER XI.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">The Triumvirate.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_XI">264</a></p>
</td>
</tr>
<tr>
<td class="center_100">CHAPTER XII.</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">His Exile.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#CHAPTER_XII">297</a></p>
</td>
</tr>
</table>
<hr style='width: 45%;' />
<h4>APPENDICES.</h4>
<table width="100%" summary="TOC">
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Appendix A.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#APPENDIX_A">335</a></p>
</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Appendix B.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#APPENDIX_B">340</a></p>
</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Appendix C.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#APPENDIX_C">342</a></p>
</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Appendix D.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#APPENDIX_D">345</a></p>
</td>
</tr>
<tr>
<td class="left_90">
<p class="indent"><span class="smcap">Appendix E.</span></p>
</td>
<td class="right_10">
<p class="pn"><a href="#APPENDIX_E">347</a></p>
</td>
</tr>
</table>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_7" id="Page_7">
7</a></span></p>
<h4>THE</h4>
<h2>LIFE OF CICERO.</h2>
<h3><a name="CHAPTER_I" id="CHAPTER_I"></a><span class="smcap">Chapter I.</span></h3>
<h4><i>INTRODUCTION.</i></h4>
<p>I am conscious of a certain audacity in thus attempting to give
a further life of Cicero which I feel I may probably fail in
justifying by any new information; and on this account the
enterprise, though it has been long considered, has been postponed,
so that it may be left for those who come after me to burn or
publish, as they may think proper; or, should it appear during my
life, I may have become callous, through age, to criticism.</p>
<p>The project of my work was anterior to the life by Mr. Forsyth,
and was first suggested to me as I was reviewing the earlier
volumes of Dean Merivale's History of the Romans under the Empire.
In an article on the Dean's work, prepared for one of the magazines
of the day, I inserted an apology for the character of Cicero,
which was found to be too long as an episode, and was discarded by
me, not without regret. From that time the subject has grown in my
estimation till it has reached its present dimensions.</p>
<p>I may say with truth that my book has sprung from love of the
man, and from a heartfelt admiration of his virtues and his
conduct, as well as of his gifts. I must acknowledge that<span
class='pagenum'><a name="Page_8" id="Page_8">8</a></span> in
discussing his character with men of letters, as I have been prone
to do, I have found none quite to agree with me. His intellect they
have admitted, and his industry; but his patriotism they have
doubted, his sincerity they have disputed, and his courage they
have denied. It might have become me to have been silenced by their
verdict; but I have rather been instigated to appeal to the public,
and to ask them to agree with me against my friends. It is not only
that Cicero has touched all matters of interest to men, and has
given a new grace to all that he has touched; that as an orator, a
rhetorician, an essayist, and a correspondent he was supreme; that
as a statesman he was honest, as an advocate fearless, and as a
governor pure; that he was a man whose intellectual part always
dominated that of the body; that in taste he was excellent, in
thought both correct and enterprising, and that in language he was
perfect. All this has been already so said of him by other
biographers. Plutarch, who is as familiar to us as though he had
been English, and Middleton, who thoroughly loved his subject, and
latterly Mr. Forsyth, who has struggled to be honest to him, might
have sufficed as telling us so much as that. But there was a
humanity in Cicero, a something almost of Christianity, a stepping
forward out of the dead intellectualities of Roman life into moral
perceptions, into natural affections, into domesticity,
philanthropy, and conscious discharge of duty, which do not seem to
have been as yet fully appreciated. To have loved his neighbor as
himself before the teaching of Christ was much for a man to
achieve; and that he did this is what I claim for Cicero, and hope
to bring home to the minds of those who can find time for reading
yet another added to the constantly increasing volumes about Roman
times.</p>
<p>It has been the habit of some latter writers, who have left to
Cicero his literary honors, to rob him of those which had been
accorded to him as a politician. Macaulay, expressing his surprise
at the fecundity of Cicero, and then passing on to the praise of
the Philippics as senatorial speeches, says of him that<span class=
'pagenum'><a name="Page_9" id="Page_9">9</a></span> he seems
to have been at the head of the "minds of the second order." We
cannot judge of the classification without knowing how many of the
great men of the world are to be included in the first rank. But
Macaulay probably intended to express an opinion that Cicero was
inferior because he himself had never dominated others as Marius
had done, and Sylla, and Pompey, and Cæsar, and Augustus. But
what if Cicero was ambitious for the good of others, while these
men had desired power only for themselves?</p>
<p>Dean Merivale says that Cicero was "discreet and decorous," as
with a similar sneer another clergyman, Sydney Smith, ridiculed a
Tory prime-minister because he was true to his wife. There is
nothing so open to the bitterness of a little joke as those humble
virtues by which no glitter can be gained, but only the happiness
of many preserved. And the Dean declares that Cicero himself was
not, except once or twice, and for a "moment only, a real power in
the State." Men who usurped authority, such as those I have named,
were the "real powers," and it was in opposition to such usurpation
that Cicero was always urgent. Mr. Forsyth, who, as I have said,
strives to be impartial, tells us that "the chief fault of Cicero's
moral character was a want of sincerity." Absence of sincerity
there was not. Deficiency of sincerity there was. Who among men has
been free from such blame since history and the lives of men were
first written? It will be my object to show that though less than
godlike in that gift, by comparison with other men around him he
was sincere, as he was also self-denying; which, if the two virtues
be well examined, will indicate the same phase of character.</p>
<p>But of all modern writers Mr. Froude has been the hardest to
Cicero. His sketch of the life of Cæsar is one prolonged
censure on that of Cicero. Our historian, with all that glory of
language for which he is so remarkable, has covered the poor orator
with obloquy. There is no period in Cicero's life so touching, I
think, as that during which he was hesitating <span class=
'pagenum'><a name="Page_10" id="Page_10">10</a></span>whether,
in the service of the Republic, it did or did not behoove him to
join Pompey before the battle of Pharsalia. At this time he wrote
to his friend Atticus various letters full of agonizing doubts as
to what was demanded from him by his duty to his country, by his
friendship for Pompey, by loyalty to his party, and by his own
dignity. As to a passage in one of those, Mr. Froude says "that
Cicero had lately spoken of Cæsar's continuance in life as a
disgrace to the State." "It has been seen also that he had long
thought of assassination as the readiest means of ending it,"<a
name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1"
class="fnanchor">1</a> says Mr. Froude. The "It has been seen"
refers to a statement made a few pages earlier, in which he
translates certain words written by Cicero to Atticus.<a name=
"FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class=
"fnanchor">2</a> "He considered it a disgrace to them that
Cæsar was alive." That is his translation; and in his
indignation he puts other words, as it were, into the mouth of his
literary brother of two thousand years before. "Why did not
somebody kill him?" The Latin words themselves are added in a
note, "Cum vivere ipsum turpe sit nobis."<a name="FNanchor_3_3" id=
"FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">3</a>
Hot indignation has so carried the translator away that he has
missed the very sense of Cicero's language. "When even to draw the
breath of life at such a time is a disgrace to us!" That is what
Cicero meant. Mr. Froude in a preceding passage gives us another
passage from a letter to Atticus,<a name="FNanchor_4_4" id=
"FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor">4</a>
"Cæsar was mortal."<a name="FNanchor_5_5" id=
"FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor">5</a>
So much is an intended translation. Then Mr. Froude tells us how
Cicero had "hailed Cæsar's eventual murder with rapture;" and
goes on to say, "We read the words with sorrow and yet with pity."
But Cicero had never dreamed of Cæsar's murder. The words of
the passage are as follows: "Hunc primum mortalem esse, deinde
etiam multis modis extingui posse cogitabam." "I bethought myself
in the first place that this man was mortal, and then that there
were a hundred ways in which he might be put on one side." All
<span class='pagenum'><a name="Page_11" id="Page_11">
11</a></span>the latter authorities have, I believe, supposed the
"hunc" or "this man" to be Pompey. I should say that this was
proved by the gist of the whole letter—one of the most
interesting that was ever written, as telling the workings of a
great man's mind at a peculiar crisis of his life—did I not
know that former learned editors have supposed Cæsar to have
been meant. But whether Cæsar or Pompey, there is nothing in
it to do with murder. It is a question—Cicero is saying to
his friend—of the stability of the Republic. When a matter so
great is considered, how is a man to trouble himself as to an
individual who may die any day, or cease from any accident to be of
weight? Cicero was speaking of the effect of this or that step on
his own part. Am I, he says, for the sake of Pompey to bring down
hordes of barbarians on my own country, sacrificing the Republic
for the sake of a friend who is here to-day and may be gone
to-morrow? Or for the sake of an enemy, if the reader thinks that
the "hunc" refers to Cæsar. The argument is the same. Am I to
consider an individual when the Republic is at stake? Mr. Froude
tells us that he reads "the words with sorrow and yet with pity."
So would every one, I think, sympathizing with the patriot's doubts
as to his leader, as to his party, and as to his country. Mr.
Froude does so because he gathers from them that Cicero is
premeditating the murder of Cæsar!</p>
<p>It is natural that a man should be judged out of his own mouth.
A man who speaks much, and so speaks that his words shall be
listened to and read, will be so judged. But it is not too much to
demand that when a man's character is at stake his own words shall
be thoroughly sifted before they are used against him.</p>
<p>The writer of the biographical notice in the Encyclopedia
Britannica on Cicero, sends down to posterity a statement that in
the time of the first triumvirate, when our hero was withstanding
the machinations of Cæsar and Pompey against the liberties of
Rome, he was open to be bought. The augurship <span class=
'pagenum'><a name="Page_12" id="Page_12">12</a></span>would
have bought him. "So pitiful," says the biographer, "was the bribe
to which he would have sacrificed his honor, his opinions, and the
commonwealth!" With no more sententious language was the character
of a great man ever offered up to public scorn. And on what
evidence? We should have known nothing of the bribe and the
corruption but for a few playful words in a letter from Cicero
himself to Atticus. He is writing from one of his villas to his
friend in Rome, and asks for the news of the day: Who are to be the
new consuls? Who is to have the vacant augurship? Ah, says he, they
might have caught even me with that bait;<a name="FNanchor_6_6" id=
"FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor">6</a>
as he said on another occasion that he was so much in debt as to be
fit for a rebel; and again, as I shall have to explain just now,
that he was like to be called in question under the Cincian law
because of a present of books! This was just at the point of his
life when he was declining all offers of public service—of
public service for which his soul longed—because they were
made to him by Cæsar. It was then that the "Vigintiviratus"
was refused, which Quintilian mentions to his honor. It was then
that he refused to be Cæsar's lieutenant. It was then that he
might have been fourth with Cæsar, and Pompey, and Crassus,
had he not felt himself bound not to serve against the Republic.
And yet the biographer does not hesitate to load him with infamy
because of a playful word in a letter half jocose and half pathetic
to his friend. If a man's deeds be always honest, surely he should
not be accused of dishonesty on the strength of some light word
spoken in the confidence of familiar intercourse. The light words
are taken to be grave because they meet the modern critic's eye
clothed in the majesty of a dead language; and thus it comes to
pass that their very meaning is misunderstood.</p>
<p>My friend Mr. Collins speaks, in his charming little volume
<span class='pagenum'><a name="Page_13" id="Page_13">
13</a></span>on Cicero, of "quiet evasions" of the Cincian law,<a
name="FNanchor_7_7" id="FNanchor_7_7"></a><a href="#Footnote_7_7"
class="fnanchor">7</a> and tells us that we are taught by
Cicero's letters not to trust Cicero's words when he was in a
boasting vein. What has the one thing to do with the other? He
names no quiet evasions. Mr. Collins makes a surmise, by which the
character of Cicero for honesty is impugned—without evidence.
The anonymous biographer altogether misinterprets Cicero. Mr.
Froude charges Cicero with anticipation of murder, grounding his
charge on words which he has not taken the trouble to understand.
Cicero is accused on the strength of his own private letters. It is
because we have not the private letters of other persons that they
are not so accused. The courtesies of the world exact, I will not
say demand, certain deviations from straightforward expression; and
these are made most often in private conversations and in private
correspondence. Cicero complies with the ways of the world; but his
epistles are no longer private, and he is therefore subjected to
charges of falsehood. It is because Cicero's letters, written
altogether for privacy, have been found worthy to be made public
that such accusations have been made. When the injustice of these
critics strikes me, I almost wish that Cicero's letters had not
been preserved.</p>
<p>As I have referred to the evidence of those who have, in these
latter days, spoken against Cicero, I will endeavor to place before
the reader the testimony of his character which <span class=
'pagenum'><a name="Page_14" id="Page_14">14</a></span>was
given by writers, chiefly of his own nation, who dealt with his
name for the hundred and fifty years after his death—from the
time of Augustus down to that of Adrian—a period much given
to literature, in which the name of a politician and a man of
literature would assuredly be much discussed. Readers will see in
what language he was spoken of by those who came after him. I trust
they will believe that if I knew of testimony on the other side, of
records adverse to the man, I would give them. The first passage to
which I will allude does not bear Cicero's name; and it may be that
I am wrong in assuming honor to Cicero from a passage in poetry,
itself so famous, in which no direct allusion is made to himself.
But the idea that Virgil in the following lines refers to the
manner in which Cicero soothed the multitude who rose to destroy
the theatre when the knights took their front seats in accordance
with Otho's law, does not originate with me. I give the lines as
translated by Dryden, with the original in a note.<a name=
"FNanchor_8_8" id="FNanchor_8_8"></a><a href="#Footnote_8_8" class=
"fnanchor">8</a></p>
<div class="poem">
<div class="stanza">
<span class="i05">"As when in tumults rise the
ignoble crowd,</span> <span class="i0">Mad are their motions, and
their tongues are loud;</span> <span class="i0">And stones and
brands in rattling volleys fly,</span> <span class="i0">And all the
rustic arms that fury can supply;</span> <span class="i0">If then
some grave and pious man appear,</span> <span class="i0">They hush
their noise, and lend a listening ear;</span> <span class="i0">He
soothes with sober words their angry mood,</span> <span class=
"i0">And quenches their innate desire of blood."</span></div>
</div>
<p>This, if it be not intended for a portrait of Cicero on that
occasion, exactly describes his position and his success. We have a
fragment of Cornelius Nepos, the biographer of the <span class=
'pagenum'><a name="Page_15" id="Page_15">15</a></span>Augustan
age, declaring that at Cicero's death men had to doubt whether
literature or the Republic had lost the most.<a name="FNanchor_9_9"
id="FNanchor_9_9"></a><a href="#Footnote_9_9" class=
"fnanchor">9</a> Livy declared of him only, that he would be the
best writer of Latin prose who was most like to Cicero.<a name=
"FNanchor_10_10" id="FNanchor_10_10"></a><a href="#Footnote_10_10"
class="fnanchor">10</a> Velleius Paterculus, who wrote in the
time of Tiberius, speaks of Cicero's achievements with the highest
honor. "At this period," he says, "lived Marcus Cicero, who owed
everything to himself; a man of altogether a new family, as
distinguished for ability as he was for the purity of his life."<a
name="FNanchor_11_11" id="FNanchor_11_11"></a><a href=
"#Footnote_11_11" class="fnanchor">11</a> Valerius Maximus quotes
him as an example of a forgiving character.<a name="FNanchor_12_12"
id="FNanchor_12_12"></a><a href="#Footnote_12_12" class=
"fnanchor">12</a> Perhaps the warmest praise ever given to him
came from the pen of Pliny the elder, from whose address to the
memory of Cicero I will quote only a few words, as I shall refer to
it more at length when speaking of his consulship. "Hail thou,"
says Pliny, "who first among men was called the father of your
country."<a name="FNanchor_13_13" id="FNanchor_13_13"></a><a href=
"#Footnote_13_13" class="fnanchor">13</a> Martial, in one of his
distichs, tells the traveller that if he have but a book of
Cicero's writing he may fancy that he is travelling with Cicero
himself.<a name="FNanchor_14_14" id="FNanchor_14_14"></a><a href=
"#Footnote_14_14" class="fnanchor">14</a> Lucan, in his bombastic
verse, declares how Cicero dared to speak of peace in the camp of
Pharsalia. The reader may think that Cicero should have said
nothing of the kind, but Lucan mentions him with all honor.<a name=
"FNanchor_15_15" id="FNanchor_15_15"></a><a href="#Footnote_15_15"
class="fnanchor">15</a> Not Tacitus, as I think, but some author
<span class='pagenum'><a name="Page_16" id="Page_16">
16</a></span>whose essay De Oratoribus was written about the time
of Tacitus, and whose work has come to us with the name of Tacitus,
has told us of Cicero that he was a master of logic, of ethics, and
of physical science.<a name="FNanchor_16_16" id=
"FNanchor_16_16"></a><a href="#Footnote_16_16" class=
"fnanchor">16</a> Everybody remembers the passage in Juvenal,</p>
<div class="poem">
<div class="stanza"><span class="i10">"Sed Roma parentem</span>
<span class="i0">Roma patrem patriæ Ciceronem libera
dixit."</span></div>
</div>
<p>"Rome, even when she was free, declared him to be the father of
his country."<a name="FNanchor_17_17" id="FNanchor_17_17"></a><a
href="#Footnote_17_17" class="fnanchor">17</a> Even Plutarch, who
generally seems to have a touch of jealousy when speaking of
Cicero, declares that he verified the prediction of Plato, "That
every State would be delivered from its calamities whenever power
should fortunately unite with wisdom and justice in one person."<a
name="FNanchor_18_18" id="FNanchor_18_18"></a><a href=
"#Footnote_18_18" class="fnanchor">18</a> The praises of
Quintilian as to the man are so mixed with the admiration of the
critic for the hero of letters, that I would have omitted to
mention them here were it not that they will help to declare what
was the general opinion as to Cicero at the time in which it was
written. He has been speaking of Demosthenes,<a name=
"FNanchor_19_19" id="FNanchor_19_19"></a><a href="#Footnote_19_19"
class="fnanchor">19</a> and then goes on: "Nor in regard to
Cicero do I see that he ever failed in the duty of a good citizen.
There is in evidence of this the splendor of his consulship, the
rare integrity of his provincial administration, his refusal of
office under Cæsar,<a name="FNanchor_20_20" id=
"FNanchor_20_20"></a><a href="#Footnote_20_20" class=
"fnanchor">20</a> the firmness of his mind on the civil wars,
giving way neither to hope nor fear, though these sorrows came
heavily on him in his old age. On all these occasions he did the
best he could for the Republic." Florus, who wrote after the twelve
Cæsars, in the time of Trajan and of Adrian, whose rapid
summary of Roman events can hardly be called a history, tells us,
in a few words, how Catiline's conspiracy was crushed by the
authority <span class='pagenum'><a name="Page_17" id="Page_17">
17</a></span>of Cicero and Cato in opposition to that of
Cæsar.<a name="FNanchor_21_21" id="FNanchor_21_21"></a><a
href="#Footnote_21_21" class="fnanchor">21</a> Then, when he has
passed in a few short chapters over all the intervening history of
the Roman Empire, he relates, in pathetic words, the death of
Cicero. "It was the custom in Rome to put up on the rostra the
heads of those who had been slain; but now the city was not able to
restrain its tears when the head of Cicero was seen there, upon the
spot from which the citizens had so often listened to his words."<a
name="FNanchor_22_22" id="FNanchor_22_22"></a><a href=
"#Footnote_22_22" class="fnanchor">22</a> Such is the testimony
given to this man by the writers who may be supposed to have known
most of him as having been nearest to his time. They all wrote
after him. Sallust, who was certainly his enemy, wrote of him in
his lifetime, but never wrote in his dispraise. It is evident that
public opinion forbade him to do so. Sallust is never warm in
Cicero's praise, as were those subsequent authors whose words I
have quoted, and has been made subject to reproach for envy, for
having passed too lightly over Cicero's doings and words in his
account of Catiline's conspiracy; but what he did say was to
Cicero's credit. Men had heard of the danger, and therefore, says
Sallust,<a name="FNanchor_23_23" id="FNanchor_23_23"></a><a href=
"#Footnote_23_23" class="fnanchor">23</a> "They conceived the
idea of intrusting the consulship to Cicero. For before that the
nobles were envious, and thought that the consulship would be
polluted if it were conferred on a <i>novus homo</i>, however
distinguished. But when danger came, envy and pride had to give
way." He afterward declares that Cicero made a speech against
Catiline most brilliant, and at the same time useful to the
Republic. This was lukewarm praise, but coming from Sallust, who
would have censured if he could, it is as eloquent as any eulogy.
There is extant a passage attributed to Sallust full of virulent
abuse of Cicero, but no one now imagines that Sallust wrote it. It
is called <span class='pagenum'><a name="Page_18" id="Page_18">
18</a></span>the Declamation of Sallust against Cicero, and bears
intrinsic evidence that it was written in after years. It suited
some one to forge pretended invectives between Sallust and Cicero,
and is chiefly noteworthy here because it gives to Dio Cassius a
foundation for the hardest of hard words he said against the
orator.<a name="FNanchor_24_24" id="FNanchor_24_24"></a><a href=
"#Footnote_24_24" class="fnanchor">24</a></p>
<p>Dio Cassius was a Greek who wrote in the reign of Alexander
Severus, more than two centuries and a half after the death of
Cicero, and he no doubt speaks evil enough of our hero. What was
the special cause of jealousy on his part cannot probably be now
known, but the nature of his hatred may be gathered from the
passage in the note, which is so foul-mouthed that it can be only
inserted under the veil of his own language.<a name=
"FNanchor_25_25" id="FNanchor_25_25"></a><a href="#Footnote_25_25"
class="fnanchor">25</a> Among other absurdities Dio Cassius says
of Cicero that in his latter days he put away a gay young wife,
forty years younger than himself, in order that he might enjoy
without disturbance the company of another lady who was nearly as
much older than himself as his wife was younger.</p>
<p>Now I ask, having brought forward so strong a testimony, not, I
will say, as to the character of the man, but of the estimation in
which he was held by those who came shortly after <span class=
'pagenum'><a name="Page_19" id="Page_19">19</a></span>him in
his own country; having shown, as I profess that I have shown, that
his name was always treated with singular dignity and respect, not
only by the lovers of the old Republic but by the minions of the
Empire; having found that no charge was ever made against him
either for insincerity or cowardice or dishonesty by those who
dealt commonly with his name, am I not justified in saying that
they who have in later days accused him should have shown their
authority? Their authority they have always found in his own words.
It is on his own evidence against himself that they have
depended—on his own evidence, or occasionally on their own
surmises. When we are told of his cowardice, because those human
vacillations of his, humane as well as human, have been laid bare
to us as they came quivering out of his bosom on to his fingers! He
is a coward to the critics because they have written without giving
themselves time to feel the true meaning of his own words. If we
had only known his acts and not his words—how he stood up
against the judges at the trial of Verres, with what courage he
encountered the responsibility of his doings at the time of
Catiline, how he joined Pompey in Macedonia from a sense of sheer
duty, how he defied Antony when to defy Antony was probable
death—then we should not call him a coward! It is out of his
own mouth that he is condemned. Then surely his words should be
understood. Queen Christina says of him, in one of her maxims, that
"Cicero was the only coward that was capable of great actions." The
Queen of Sweden, whose sentences are never worth very much, has
known her history well enough to have learned that Cicero's acts
were noble, but has not understood the meaning of words
sufficiently to extract from Cicero's own expressions their true
bearing. The bravest of us all, if he is in high place, has to
doubt much before he can know what true courage will demand of him;
and these doubts the man of words will express, if there be given
to him an <i>alter ego</i> such as Cicero had in Atticus.</p>
<p><span class='pagenum'><a name="Page_20" id="Page_20">
20</a></span>In reference to the biography of Mr Forsyth I must,
in justice both to him and to Cicero, quote one passage from the
work: "Let those who, like De Quincey,<a name="FNanchor_26_26" id=
"FNanchor_26_26"></a><a href="#Footnote_26_26" class=
"fnanchor">26</a> Mommsen, and others, speak disparagingly of
Cicero, and are so lavish in praise of Cæsar, recollect that
Cæsar never was troubled by a conscience." Here it is that we
find that advance almost to Christianity of which I have spoken,
and that superiority of mind being which makes Cicero the most fit
to be loved of all the Romans.</p>
<p>It is hard for a man, even in regard to his own private
purposes, to analyze the meaning of a conscience, if he put out of
question all belief in a future life. Why should a man do right if
it be not for a reward here or hereafter? Why should anything be
right—or wrong? The Stoics tried to get over the difficulty
by declaring that if a man could conquer all his personal desires
he would become, by doing so, happy, and would therefore have
achieved the only end at which a man can rationally aim. The school
had many scholars, but probably never a believer. The normal Greek
or Roman might be deterred by the law, which means fear of
punishment, or by the opinion of his neighbors, which means
ignominy. He might recognize the fact that comfort would combine
itself with innocence, or disease and want with lust and greed. In
this there was little need of a conscience—hardly, perhaps,
room for it. But when ambition came, with all the opportunities
that chance, audacity, and intellect would give—as it did to
Sylla, to Cæsar, and to Augustus—then there was nothing
to restrain the men. There was to such a man no right but his
power, no wrong but opposition to it. His cruelty or his <span
class='pagenum'><a name="Page_21" id="Page_21">
21</a></span>clemency might be more or less, as his conviction of
the utility of this or that other weapon for dominating men might
be strong with him. Or there might be some variation in the flowing
of the blood about his heart which might make a massacre of
citizens a pleasing diversion or a painful process to him; but
there was no conscience. With the man of whom we are about to speak
conscience was strong. In his sometimes doubtful wanderings after
political wisdom—in those mental mazes which have been called
insincerity—we shall see him, if we look well into his
doings, struggling to find whether, in searching for what was his
duty, he should go to this side or to that. Might he best hope a
return to that state of things which he thought good for his
country by adhering to Cæsar or to Pompey? We see the
workings of his conscience, and, as we remember that Scipio's dream
of his, we feel sure that he had, in truth, within him a
recognition of a future life.</p>
<p>In discussing the character of a man, there is no course of
error so fertile as the drawing of a hard and fast line. We are
attracted by salient points, and, seeing them clearly, we jump to
conclusions, as though there were a light-house on every point by
which the nature of the coast would certainly be shown to us. And
so it will, if we accept the light only for so much of the shore as
it illumines. But to say that a man is insincere because he has
vacillated in this or the other difficulty, that he is a coward
because he has feared certain dangers, that he is dishonest because
he has swerved, that he is a liar because an untrue word has been
traced to him, is to suppose that you know all the coast because
one jutting headland has been defined to you. He who so expresses
himself on a man's character is either ignorant of human nature, or
is in search of stones with which to pelt his enemy. "He has lied!
He has lied!" How often in our own political contests do we hear
the cry with a note of triumph! And if he have, how often has he
told the truth? And if he have, how many are entitled by pure
innocence in that matter to throw a stone at <span class=
'pagenum'><a name="Page_22" id="Page_22">22</a></span>him? And
if he have, do we not know how lies will come to the tongue of a
man without thought of lying? In his stoutest efforts after the
truth a man may so express himself that when afterward he is driven
to compare his recent and his former words, he shall hardly be able
to say even to himself that he has not lied. It is by the tenor of
a man's whole life that we must judge him, whether he be a liar or
no.</p>
<p>To expect a man to be the same at sixty as he was at thirty, is
to suppose that the sun at noon shall be graced with the colors
which adorn its setting. And there are men whose intellects are set
on so fine a pivot that a variation in the breeze of the moment,
which coarser minds shall not feel, will carry them round with a
rapidity which baffles the common eye. The man who saw his duty
clearly on this side in the morning shall, before the evening come,
recognize it on the other; and then again, and again, and yet again
the vane shall go round. It may be that an instrument shall be too
fine for our daily uses. We do not want a clock to strike the
minutes, or a glass to tell the momentary changes in the
atmosphere. It may be found that for the work of the world, the
coarse work—and no work is so coarse, though none is so
important, as that which falls commonly into the hands of
statesmen—instruments strong in texture, and by reason of
their rudeness not liable to sudden impressions, may be the best.
That it is which we mean when we declare that a scrupulous man is
impractical in politics. But the same man may, at various periods
of his life, and on various days at the same period, be scrupulous
and unscrupulous, impractical and practical, as the circumstances
of the occasion may affect him. At one moment the rule of simple
honesty will prevail with him. "Fiat justitia, ruat cœlum." "Si
fractus illabatur orbis Impavidum ferient ruinæ." At another
he will see the necessity of a compromise for the good of the many.
He will tell himself that if the best cannot be done, he must
content himself with the next best. He must shake hands with the
imperfect, <span class='pagenum'><a name="Page_23" id="Page_23">
23</a></span>as the best way of lifting himself up from a bad way
toward a better. In obedience to his very conscience he will
temporize, and, finding no other way of achieving good, will do
even evil that good may come of it. "Rem si possis recte; si non,
quocunque modo rem." In judging of such a character as this, a hard
and fast line will certainly lead us astray. In judging of Cicero,
such a hard and fast line has too generally been used. He was a man
singularly sensitive to all influences. It must be admitted that he
was a vane, turning on a pivot finer than those on which statesmen
have generally been made to work. He had none of the fixed purpose
of Cæsar, or the unflinching principle of Cato. They were men
cased in brass, whose feelings nothing could hurt. They suffered
from none of those inward flutterings of the heart, doubtful
aspirations, human longings, sharp sympathies, dreams of something
better than this world, fears of something worse, which make Cicero
so like a well-bred, polished gentleman of the present day. It is
because he has so little like a Roman that he is of all the Romans
the most attractive.</p>
<p>Still there may be doubt whether, with all the intricacies of
his character, his career was such as to justify a further
biography at this distance of time. "What's Hecuba to him, or he to
Hecuba?" asks Hamlet, when he finds himself stirred by the passion
thrown into the bare recital of an old story by an itinerant
player. What is Cicero to us of the nineteenth century that we
should care so much for him as to read yet another book?
Nevertheless, Hamlet was moved because the tale was well told.
There is matter in the earnestness, the pleasantness, the
patriotism, and the tragedy of the man's life to move a reader
still—if the story could only be written of him as it is
felt! The difficulty lies in that, and not in the nature of the
story.</p>
<p>The period of Cicero's life was the very turning-point of
civilization and government in the history of the world. At that
period of time the world, as we know it, was Rome. <span class=
'pagenum'><a name="Page_24" id="Page_24">24</a></span>Greece
had sunk. The Macedonian Empire had been destroyed. The kingdoms of
the East—whether conquered, or even when conquering, as was
Parthia for awhile—were barbaric, outside the circle of
cultivation, and to be brought into it only by the arms and
influence of Rome. During Cæsar's career Gaul was conquered;
and Britain, with what was known of Germany, supposed to be partly
conquered. The subjugation of Africa and Spain was all but
completed. Letters, too, had been or were being introduced.
Cicero's use of language was so perfect that it seems to us to have
been almost necessarily the result of a long established art of
Latin literature. But, in truth, he is the earliest of the prose
writers of his country with whose works we are familiar. Excepting
Varro, who was born but ten years before him, no earlier Latin
prose writer has left more than a name to us; and the one work by
which Varro is at all known, the De Re Rustica, was written after
Cicero's death. Lucretius, whose language we regard as almost
archaic, so unlike is it to that of Virgil or Horace, was born
eight years after Cicero. In a great degree Cicero formed the Latin
language—or produced that manipulation of it which has made
it so graceful in prose, and so powerful a vehicle of thought. That
which he took from any Latin writer he took from Terence.</p>
<p>And it was then, just then, that there arose in Rome that
unpremeditated change in its form of government which resulted in
the self-assumed dictatorship of Cæsar, and the usurpation
of the Empire by Augustus. The old Rome had had kings. Then the
name and the power became odious—the name to all the
citizens, no doubt, but the power simply to the nobility, who
grudged the supremacy of one man. The kings were abolished, and an
oligarchy was established under the name of a Republic, with its
annual magistrates—at first its two Consuls, then its
Prætors and others, and occasionally a Dictator, as some current
event demanded a concentration of temporary power in a single hand
for a certain purpose. <span class='pagenum'><a name="Page_25" id=
"Page_25">25</a></span>The Republic was no republic, as we
understand the word; nor did it ever become so, though their was
always going on a perpetual struggle to transfer the power from the
nobles to the people, in which something was always being given or
pretended to be given to the outside class. But so little was as
yet understood of liberty that, as each plebeian made his way up
into high place and became one of the magistrates of the State, he
became also one of the oligarchical faction. There was a continued
contest, with a certain amount of good faith on each side, on
behalf of the so-called Republic—but still a contest for
power. This became so continued that a foreign war was at times
regarded as a blessing, because it concentrated the energies of the
State, which had been split and used by the two sections—by
each against the other. It is probably the case that the invasion
of the Gauls in earlier days, and, later on, the second Punic war,
threatening as they were in their incidents to the power of Rome,
provided the Republic with that vitality which kept it so long in
existence. Then came Marius, dominant on one side as a tribune of
the people, and Sylla, as aristocrat on the other, and the civil
wars between them, in which, as one prevailed or the other, Rome
was mastered. How Marius died, and Sylla reigned for three bloody,
fatal years, is outside the scope of our purpose—except in
this, that Cicero saw Sylla's proscriptions, and made his first
essay into public life hot with anger at the Dictator's
tyranny.</p>
<p>It occurs to us as we read the history of Rome, beginning with
the early Consuls and going to the death of Cæsar and of
Cicero, and the accomplished despotism of Augustus, that the
Republic could not have been saved by any efforts, and was in truth
not worth the saving. We are apt to think, judging from our own
idea of liberty, that there was so much of tyranny, so little of
real freedom in the Roman form of government, that it was not good
enough to deserve our sympathies. But it had been successful. It
had made a great people, and had produced a wide-spread
civilization. Roman <span class='pagenum'><a name="Page_26" id=
"Page_26">26</a></span>citizenship was to those outside the
one thing the most worthy to be obtained. That career which led the
great Romans up from the state of Quæstor to the Ædile's,
Prætor's, and Consul's chair, and thence to the rich reward of
provincial government, was held to be the highest then open to the
ambition of man. The Kings of Greece, and of the East, and of
Africa were supposed to be inferior in their very rank to a Roman
Proconsul, and this greatness was carried on with a semblance of
liberty, and was compatible with a belief in the majesty of the
Roman citizen. When Cicero began his work, Consuls, Prætors,
Ædiles, and Quæstors were still chosen by the votes of the
citizens. There was bribery, no doubt, and intimidation, and a
resort to those dirty arts of canvassing with which we English have
been so familiar; but in Cicero's time the male free inhabitants of
Rome did generally carry the candidates to whom they attached
themselves. The salt of their republican theory was not as yet
altogether washed out from their practice.</p>
<p>The love of absolute liberty as it has been cultivated among
modern races did not exist in the time of Cicero. The idea never
seems to have reached even his bosom, human and humanitarian as
were his sympathies, that a man, as man, should be free. Half the
inhabitants of Rome were slaves, and the institution was so grafted
in the life of the time that it never occurred to a Roman that
slaves, as a body, should be manumitted. The slaves themselves,
though they were not, as have been the slaves whom we have seen, of
a different color and presumed inferior race, do not themselves
seem to have entertained any such idea. They were instigated now
and again to servile wars, but there was no rising in quest of
freedom generally. Nor was it repugnant to the Roman theory of
liberty that the people whom they dominated, though not subjected
to slavery, should still be outside the pale of civil freedom. That
boon was to be reserved for the Roman citizen, and for him only. It
had become common to admit to citizenship <span class='pagenum'><a
name="Page_27" id="Page_27">27</a></span>the inhabitants of
other towns and further territories. The glory was kept not
altogether for Rome, but for Romans.</p>
<p>Thus, though the government was oligarchical, and the very
essence of freedom ignored, there was a something which stood in
the name of liberty, and could endear itself to a real patriot.
With genuine patriotism Cicero loved his country, and beginning his
public life as he did at the close of Sylla's tyranny, he was able
to entertain a dream that the old state of things might be restored
and the republican form of government maintained. There should
still be two Consuls in Rome, whose annual election would guard the
State against regal dominion. And there should, at the same time,
be such a continuance of power in the hands of the better
class—the "optimates," as he called them—as would
preserve the city from democracy and revolution. No man ever
trusted more entirely to popular opinion than Cicero, or was more
anxious for aristocratic authority. But neither in one direction
nor the other did he look for personal aggrandizement, beyond that
which might come to him in accordance with the law and in
subjection to the old form of government.</p>
<p>It is because he was in truth patriotic, because his dreams of a
Republic were noble dreams, because he was intent on doing good in
public affairs, because he was anxious for the honor of Rome and of
Romans, not because he was or was not a "real power in the State"
that his memory is still worth recording. Added to this was the
intellect and the wit and erudition of the man, which were at any
rate supreme. And then, though we can now see that his efforts were
doomed to failure by the nature of the circumstances surrounding
him, he was so nearly successful, so often on the verge of success,
that we are exalted by the romance of his story into the region of
personal sympathy. As we are moved by the aspirations and
sufferings of a hero in a tragedy, so are we stirred by the
efforts, the fortune, and at last the fall of this man. There is a
picturesqueness about the life of Cicero which is wanting in the
stories <span class='pagenum'><a name="Page_28" id="Page_28">
28</a></span>of Marius or Sylla, of Pompey, or even of
Cæsar—a picturesqueness which is produced in great part
by these very doubtings which have been counted against him as
insincerity.</p>
<p>His hands were clean when the hands of all around him were
defiled by greed. How infinitely Cicero must have risen above his
time when he could have clean hands! A man in our days will keep
himself clean from leprosy because to be a leper is to be despised
by those around him. Advancing wisdom has taught us that such
leprosy is bad, and public opinion coerces us. There is something
too, we must suppose, in the lessons of Christianity. Or it may be
that the man of our day, with all these advantages, does not keep
himself clean—that so many go astray that public opinion
shall almost seem to tremble in the balance. Even with us this and
that abomination becomes allowable because so many do it. With the
Romans, in the time of Cicero, greed, feeding itself on usury,
rapine, and dishonesty, was so fully the recognized condition of
life that its indulgence entailed no disgrace. But Cicero, with
eyes within him which saw farther than the eyes of other men,
perceived the baseness of the stain. It has been said also of him
that he was not altogether free from reproach. It has been
suggested that he accepted payment for his services as an advocate,
any such payment being illegal. The accusation is founded on the
knowledge that other advocates allowed themselves to be paid, and
on the belief that Cicero could not have lived as he did without an
income from that source. And then there is a story told of him
that, though he did much at a certain period of his life to repress
the usury, and to excite at the same time the enmity of a powerful
friend, he might have done more. As we go on, the stories of these
things will be told; but the very nature of the allegations against
him prove how high he soared in honesty above the manners of his
day. In discussing the character of the men, little is thought of
the robberies of Sylla, the borrowings of Cæsar, the
money-lending of Brutus, or the accumulated wealth of <span class=
'pagenum'><a name="Page_29" id="Page_29">29</a></span>Crassus.
To plunder a province, to drive usury to the verge of personal
slavery, to accept bribes for perjured judgment, to take illegal
fees for services supposed to be gratuitous, was so much the custom
of the noble Romans that we hardly hate his dishonest greed when
displayed in its ordinary course. But because Cicero's honesty was
abnormal, we are first surprised, and then, suspecting little
deviations, rise up in wrath against him, because in the midst of
Roman profligacy he was not altogether a Puritan in his money
matters.</p>
<p>Cicero is known to us in three great capacities: as a statesman,
an advocate, and a man of letters. As the combination of such
pursuits is common in our own days, so also was it in his.
Cæsar added them all to the great work of his life as a
soldier. But it was given to Cicero to take a part in all those
political struggles, from the resignation of Sylla to the first
rising of the young Octavius, which were made on behalf of the
Republic, and were ended by its downfall. His political life
contains the story of the conversion of Rome from republican to
imperial rule; and Rome was then the world. Could there have been
no Augustus, no Nero, and then no Trajan, all Europe would have
been different. Cicero's efforts were put forth to prevent the
coming of an Augustus or a Nero, or the need of a Trajan; and as we
read of them we feel that, had success been possible, he would have
succeeded.</p>
<p>As an advocate he was unsurpassed. From him came the
feeling—whether it be right or wrong—that a lawyer, in
pleading for his client, should give to that client's cause not
only all his learning and all his wit, but also all his sympathy.
To me it is marvellous, and interesting rather than beautiful, to
see how completely Cicero can put off his own identity and assume
another's in any cause, whatever it be, of which he has taken the
charge. It must, however, be borne in mind that in old Rome the
distinction between speeches made in political and in civil or
criminal cases was not equally well marked as with us, and also
that the reader having the speeches which have <span class=
'pagenum'><a name="Page_30" id="Page_30">30</a></span>come
down to us, whether of one nature or the other, presented to him in
the same volume, is apt to confuse the public and that which may,
perhaps, be called the private work of the man. In the speeches
best known to us Cicero was working as a public man for public
objects, and the ardor, I may say the fury, of his energy in the
cause which he was advocating was due to his public aspirations.
The orations which have come to us in three sets, some of them
published only but never spoken—those against Verres, against
Catiline, and the Philippics against Antony—were all of this
nature, though the first concerned the conduct of a criminal charge
against one individual. Of these I will speak in their turn; but I
mention them here in order that I may, if possible, induce the
reader to begin his inquiry into Cicero's character as an advocate
with a just conception of the objects of the man. He wished, no
doubt, to shine, as does the barrister of to-day: he wished to
rise; he wished, if you will, to make his fortune, not by the
taking of fees, but by extending himself into higher influence by
the authority of his name. No doubt he undertook this and the other
case without reference to the truth or honesty of the cause, and,
when he did so, used all his energy for the bad, as he did for the
good cause. There seems to be special accusation made against him
on this head, as though, the very fact that he undertook his work
without pay threw upon him the additional obligation of undertaking
no cause that was not in itself upright. With us the advocate does
this notoriously for his fee. Cicero did it as notoriously in
furtherance of some political object of the moment, or in
maintenance of a friendship which was politically important. I say
nothing against the modern practice. This would not be the place
for such an argument. Nor do I say that, by rules of absolute right
and wrong, Cicero was right; but he was as right, at any rate, as
the modern barrister. And in reaching the high-minded conditions
under which he worked, he had only the light of his own genius to
guide him. When <span class='pagenum'><a name="Page_31" id=
"Page_31">31</a></span>we compare the clothing of the savage
race with our own, their beads and woad and straw and fibres with
our own petticoats and pantaloons, we acknowledge the progress of
civilization and the growth of machinery. It is not a wonderful
thing to us that an African prince should not be as perfectly
dressed as a young man in Piccadilly. But, when we make a
comparison of morals between our own time and a period before
Christ, we seem to forget that more should be expected from us than
from those who lived two thousand years ago.</p>
<p>There are some of those pleadings, speeches made by Cicero on
behalf of or against an accused party, from which we may learn more
of Roman life than from any other source left to us. Much we may
gather from Terence, much from Horace, something from Juvenal.
There is hardly, indeed, a Latin author from which an attentive
reader may not pick up some detail of Roman customs. Cicero's
letters are themselves very prolific. But the pretty things of the
poets are not quite facts, nor are the bitter things of the
satirist; and though a man's letters to his friend may be true,
such letters as come to us will have been the products of the
greater minds, and will have come from a small and special class. I
fear that the Newgate Calendar of the day would tell us more of the
ways of living then prevailing than the letters of Lady Mary W.
Montagu or of Horace Walpole. From the orations against Verres we
learn how the people of a province lived under the tyranny
inflicted upon them; and from those spoken in defence of Sextus
Amerinus and Aulus Cluentius, we gather something of the horrors of
Roman life—not in Rome, indeed, but within the limits of
Roman citizenship.</p>
<p>It is, however, as a man of letters that Cicero will be held in
the highest esteem. It has been his good-fortune to have a great
part of what he wrote preserved for future ages. His works have not
perished, as have those of his contemporaries, Varro and
Hortensius. But this has been due to two causes, which were
independent of Fortune. He himself believed in <span class=
'pagenum'><a name="Page_32" id="Page_32">32</a></span>their
value, and took measures for their protection; and those who lived
in his own time, and in the immediately succeeding ages,
entertained the same belief and took the same care. Livy said that,
to write Latin well, the writer should write it like Cicero; and
Quintilian, the first of Latin critics, repeated to us what Livy
had asserted.<a name="FNanchor_27_27" id="FNanchor_27_27"></a><a
href="#Footnote_27_27" class="fnanchor">27</a> There is a
sweetness of language about Cicero which runs into the very sound;
so that passages read aright would, by their very cadences, charm
the ear of listeners ignorant of the language. Eulogy never was so
happy as his. Eulogy, however, is tasteless in comparison with
invective. Cicero's abuse is awful. Let the reader curious in such
matters turn to the diatribes against Vatinius, one of
Cæsar's creatures, and to that against the unfortunate
Proconsul Piso; or to his attacks on Gabinius, who was Consul
together with Piso in the year of Cicero's banishment. There are
wonderful morsels in the philippics dealing with Antony's private
character; but the words which he uses against Gabinius and Piso
beat all that I know elsewhere in the science of invective. Junius
could not approach him; and even Macaulay, though he has, in
certain passages, been very bitter, has not allowed himself the
latitude which Roman taste and Roman manners permitted to
Cicero.</p>
<p>It may, however, be said that the need of biographical memoirs
as to a man of letters is by no means in proportion to the
excellence of the work that he has achieved. Alexander is known but
little to us, because we know so little of the details of his life.
Cæsar is much to us, because we have in truth been made
acquainted with him. But Shakspeare, of whose absolute doings we
know almost nothing, would not be nearer or dearer had he even had
a Boswell to paint his daily portrait. The man of letters is, in
truth, ever writing his own biography. What there is in his mind is
being declared to the world at large by himself; and if he can so
<span class='pagenum'><a name="Page_33" id="Page_33">
33</a></span>write that the world at large shall care to read what
is written, no other memoir will, perhaps, be necessary. For myself
I have never regretted those details of Shakspeare's life which a
Boswell of the time might have given us. But Cicero's personality
as a man of letters seems especially to require elucidation. His
letters lose their chief charm if the character of the man be not
known, and the incidents of his life. His essays on
rhetoric—the written lessons which he has left on the art of
oratory—are a running commentary on his own career as an
orator. Most of his speeches require for their understanding a
knowledge of the circumstances of his life. The treatises which we
know as his Philosophy—works which have been most wrongly
represented by being grouped under that name—can only be read
with advantage by the light of his own experience. There are two
separate classes of his so-called Philosophy, in describing which
the word philosophy, if it be used at all, must be made to bear two
different senses. He handles in one set of treatises, not, I think,
with his happiest efforts, the teaching of the old Greek schools.
Such are the Tusculan Disquisitions, the Academics, and the De
Finibus. From reading these, without reference to the
idiosyncrasies of the writer, the student would be led to believe
that Cicero himself was a philosopher after that sort. But he was,
in truth, the last of men to lend his ears</p>
<div class="poem">
<div class="stanza"><span class="i0">"To those budge doctors of the
stoic fur."</span></div>
</div>
<p>Cicero was a man thoroughly human in all his strength and all
his weakness. To sit apart from the world and be happy amid scorn,
poverty, and obscurity, with a mess of cabbage and a crust,
absolutely contented with abstract virtue, has probably been given
to no man; but of none has it been less within the reach than of
Cicero. To him ginger was always hot in the mouth, whether it was
the spice of politics, or of social delight, or of intellectual
enterprise. When in his deep sorrow at the death of his daughter,
when for a time the Republic <span class='pagenum'><a name=
"Page_34" id="Page_34">34</a></span>was dead to him, and
public and private life were equally black, he craved employment.
Then he took down his Greek manuscripts and amused himself as best
he might by writing this way or that. It was a matter on which his
intellect could work and his energies be employed, though the
theory of his life was in no way concerned in it. Such was one
class of his Philosophy. The other consisted of a code of morals
which he created for himself by his own convictions, formed on the
world around him, and which displayed itself in essays, such as
those De Officiis—on the duties of life; De Senectute, De
Amicitia—on old age and friendship, and the like, which were
not only intended for use, but are of use to any man or woman who
will study them up to this day. There are others, treatises on law
and on government and religion, which have all been lumped
together, for the misguidance of school-boys, under the name of
Cicero's Philosophy. But they, be they of one class or the other,
require an understanding of the man's character before they can be
enjoyed.</p>
<p>For these reasons I think that there are incidents in the life,
the character, and the work of Cicero which ought to make his
biography interesting. His story is fraught with energy, with
success, with pathos, and with tragedy. And then it is the story of
a man human as men are now. No child of Rome ever better loved his
country, but no child of Rome was ever so little like a Roman. Arms
and battles were to him abominable, as they are to us. But arms and
battles were the delight of Romans. He was ridiculed in his own
time, and has been ridiculed ever since, for the alliterating twang
of the line in which he declared his feeling:</p>
<div class="poem">
<div class="stanza"><span class="i0">"Cedant arma togæ; concedat
laurea linguæ."</span></div>
</div>
<p>But the thing said was thoroughly good, and the better because
the opinion was addressed to men among whom the glory of arms was
still in ascendant over the achievements of <span class=
'pagenum'><a name="Page_35" id="Page_35">
35</a></span>intellectual enterprise. The greatest men have been
those who have stepped out from the mass, and gone beyond their
time—seeing things, with eyesight almost divine, which have
hitherto been hidden from the crowd. Such was Columbus when he made
his way across the Western Ocean; such were Galileo and Bacon; such
was Pythagoras, if the ideas we have of him be at all true. Such
also was Cicero. It is not given to the age in which such men live
to know them. Could their age even recognize them, they would not
overstep their age as they do. Looking back at him now, we can see
how like a Christian was the man—so like, that in essentials
we can hardly see the difference. He could love another as
himself—as nearly as a man may do; and he taught such love as
a doctrine.<a name="FNanchor_28_28" id="FNanchor_28_28"></a><a
href="#Footnote_28_28" class="fnanchor">28</a> He believed in the
existence of one supreme God.<a name="FNanchor_29_29" id=
"FNanchor_29_29"></a><a href="#Footnote_29_29" class=
"fnanchor">29</a> He believed that man would rise again and live
forever in some heaven.<a name="FNanchor_30_30" id=
"FNanchor_30_30"></a><a href="#Footnote_30_30" class=
"fnanchor">30</a> I am conscious that I cannot much promote this
view of Cicero's character by quoting isolated passages from his
works—words which taken alone may be interpreted in one sense
or another, and which should be read, each with its context, before
their due meaning can be understood. But I may perhaps succeed in
explaining to a reader what it is that I hope to do in the
following pages, and why it is that I undertake a work which must
be laborious, and for which many will think that there is no
remaining need.</p>
<p>I would not have it thought that, because I have so spoken of
Cicero's aspirations and convictions, I intend to put him forth as
a faultless personage in history. He was much too <span class=
'pagenum'><a name="Page_36" id="Page_36">36</a></span>human to
be perfect. Those who love the cold attitude of indifference may
sing of Cato as perfect. Cicero was ambitious, and often
unscrupulous in his ambition. He was a loving husband and a loving
father; but at the end of his life he could quarrel with his old
wife irrecoverably, and could idolize his daughter, while he ruined
his son by indulgence. He was very great while he spoke of his
country, which he did so often; but he was almost as little when he
spoke of himself—which he did as often. In money-matters he
was honest—for the times in which he lived, wonderfully
honest; but in words he was not always equally trustworthy. He
could flatter where he did not love. I admit that it was so, though
I will not admit without a protest that the word insincere should
be applied to him as describing his character generally. He was so
much more sincere than others that the protest is needed. If a man
stand but five feet eleven inches in his shoes, shall he be called
a pygmy? And yet to declare that he measures full six feet would be
untrue.</p>
<p>Cicero was a busybody. Were there anything to do, he wished to
do it, let it be what it might. "Cedant arma togæ." If anything
was written on his heart, it was that. Yet he loved the idea of
leading an army, and panted for a military triumph. Letters and
literary life were dear to him, and yet he liked to think that he
could live on equal terms with the young bloods of Rome, such as
Cœlius. As far as I can judge, he cared nothing for luxurious
eating and drinking, and yet he wished to be reckoned among the
gormands and gourmets of his times. He was so little like the
"budge doctors of the stoic fur," of whom it was his delight to
write when he had nothing else to do, that he could not bear any
touch of adversity with equanimity. The stoic requires to be
hardened against "the slings and arrows of outrageous fortune." It
is his profession to be indifferent to the "whips and scorns of
time." No man was less hardened, or more subject to suffering from
scorns and whips. There be those who think proneness <span class=
'pagenum'><a name="Page_37" id="Page_37">37</a></span>to such
suffering is unmanly, or that the sufferer should at any rate hide
his agony. Cicero did not. Whether of his glory or of his shame,
whether of his joy or of his sorrow, whether of his love or of his
hatred, whether of his hopes or of his despair, he spoke openly, as
he did of all things. It has not been the way of heroes, as we read
of them; but it is the way with men as we live with them.</p>
<p>What a man he would have been for London life! How he would have
enjoyed his club, picking up the news of the day from all lips,
while he seemed to give it to all ears! How popular he would have
been at the Carlton, and how men would have listened to him while
every great or little crisis was discussed! How supreme he would
have sat on the Treasury bench, or how unanswerable, how fatal, how
joyous, when attacking the Government from the opposite seats! How
crowded would have been his rack with invitations to dinner! How
delighted would have been the middle-aged countesses of the time to
hold with him mild intellectual flirtations—and the girls of
the period, how proud to get his autograph, how much prouder to
have touched the lips of the great orator with theirs! How the
pages of the magazines would have run over with little essays from
his pen! "Have you seen our Cicero's paper on agriculture? That
lucky fellow, Editor ——, got him to do it last month!" "Of
course you have read Cicero's article on the soul. The bishops
don't know which way to turn." "So the political article in the
<i>Quarterly</i> is Cicero's?" "Of course you know the
art-criticism in the <i>Times</i> this year is Tully's doing?" But
that would probably be a bounce. And then what letters he would
write! With the penny-post instead of travelling messengers at his
command, and pen instead of wax and sticks, or perhaps with an
instrument-writer and a private secretary, he would have answered
all questions and solved all difficulties. He would have so
abounded with intellectual fertility that men would not have known
whether most to admire his powers of expression or to deprecate his
want of reticence.</p>
<p><span class='pagenum'><a name="Page_38" id="Page_38">
38</a></span>There will necessarily be much to be said of Cicero's
writings in the following pages, as it is my object to delineate
the literary man as well as the politician. In doing this, there
arises a difficulty as to the sequence in which his works should be
taken. It will hardly suit the purpose in view to speak of them all
either chronologically or separately as to their subjects. The
speeches and the letters clearly require the former treatment as
applying each to the very moment of time at which they were either
spoken or written. His treatises, whether on rhetoric or on the
Greek philosophy, or on government, or on morals, can best be taken
apart as belonging in a very small degree, if at all, to the period
in which they were written. I will therefore endeavor to introduce
the orations and letters as the periods may suit, and to treat of
his essays afterward by themselves.</p>
<p>A few words I must say as to the Roman names I have used in my
narrative. There is a difficulty in this respect, because the
practice of my boyhood has partially changed itself. Pompey used to
be Pompey without a blush. Now with an erudite English writer he is
generally Pompeius. The denizens of Africa—the "nigger"
world—have had, I think, something to do with this. But with
no erudite English writer is Terence Terentius, or Virgil
Virgilius, or Horace Horatius. Were I to speak of Livius, the
erudite English listener would think that I alluded to an old
author long prior to our dear historian. And though we now talk of
Sulla instead of Sylla, we hardly venture on Antonius instead of
Antony. Considering all this, I have thought it better to cling to
the sounds which have ever been familiar to myself; and as I talk
of Virgil and of Horace and Ovid freely and without fear, so shall
I speak also of Pompey and of Antony and of Catiline. In regard to
Sulla, the change has been so complete that I must allow the old
name to have re-established itself altogether.</p>
<p>It has been customary to notify the division of years in the
period of which I am about to write by dating from two different
<span class='pagenum'><a name="Page_39" id="Page_39">
39</a></span>eras, counting down from the building of Rome,
A.U.C., or "anno urbis conditæ," and back from the birth of
Christ, which we English mark by the letters <span class=
"smcap">b.c.</span>, before Christ. In dealing with Cicero, writers
(both French and English) have not uncommonly added a third mode of
dating, assigning his doings or sayings to the year of his age.
There is again a fourth mode, common among the Romans, of
indicating the special years by naming the Consuls, or one of them.
"O nata mecum consule Manlio," Horace says, when addressing his
cask of wine. That was, indeed, the official mode of indicating a
date, and may probably be taken as showing how strong the
impression in the Roman mind was of the succession of their
Consuls. In the following pages I will use generally the date <span
class="smcap">b.c.</span>, which, though perhaps less simple than
the A.U.C., gives to the mind of the modern reader a clearer idea
of the juxtaposition of events. The reader will surely know that
Christ was born in the reign of Augustus, and crucified in that of
Tiberius; but he will not perhaps know, without the trouble of some
calculation, how far removed from the period of Christ was the year
648 A.U.C., in which Cicero was born. To this I will add on the
margin the year of Cicero's life. He was nearly sixty-four when he
died. I shall, therefore, call that year his sixty-third year.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_40" id="Page_40">
40</a></span></p>
<h3><a name="CHAPTER_II" id="CHAPTER_II"></a><span class="smcap">Chapter II.</span></h3>
<h4><i>HIS EDUCATION.</i></h4>
<p>At Arpinum, on the river Liris, a little stream which has been
made to sound sweetly in our ears by Horace,<a name=
"FNanchor_31_31" id="FNanchor_31_31"></a><a href="#Footnote_31_31"
class="fnanchor">31</a> in a villa residence near the town,
Marcus Tullius Cicero was born, 106 years before Christ, on the 3d
of January, according to the calendar then in use. Pompey the Great
was born in the same year. Arpinum was a State which had been
admitted into Roman citizenship, lying between Rome and Capua, just
within that portion of Italy which was till the other day called
the Kingdom of Naples. The district from which he came is noted,
also, as having given birth to Marius. Cicero was of an equestrian
family, which means as much as though we were to say among
ourselves that a man had been born a gentleman and nothing more. An
"eques" or knight in Cicero's time became so, or might become so,
by being in possession of a certain income. The title conferred no
nobility. The plebeian, it will be understood, could not become
patrician, though he might become noble—as Cicero did. The
patrician must have been born so—must have sprung from the
purple of certain fixed families.<a name="FNanchor_32_32" id=
"FNanchor_32_32"></a><a href="#Footnote_32_32" class=
"fnanchor">32</a> Cicero was born a plebeian, of equestrian <span
class='pagenum'><a name="Page_41" id="Page_41">
41</a></span>rank and became ennobled when he was ranked among the
senators because of his service among the high magistrates of the
Republic. As none of his family had served before him, he was
"novus homo," a new man, and therefore not noble till he had
achieved nobility himself. A man was noble who could reckon a
Consul, a Prætor, or an Ædile among his ancestors. Such was not
the case with Cicero. As he filled all these offices, his son was
noble—as were his son's sons and grandsons, if such there
were.</p>
<p>It was common to Romans to have three names, and our Cicero had
three. Marcus, which was similar in its use to the Christian name
of one of us, had been that of his grandfather and father, and was
handed on to his son. This, called the prænomen, was conferred on
the child when a babe with a ceremony not unlike that of our
baptism. There was but a limited choice of such names among the
Romans, so that an initial letter will generally declare to those
accustomed to the literature that intended. A. stands for Aulus, P.
for Publius, M. generally for Marcus, C. for Caius, though there
was a Cneus also. The nomen, Tullius, was that of the family. Of
this family of Tullius to which Cicero belonged we know no details.
Plutarch tells us that of his father nothing was said but in
extremes, some declaring that he had been a fuller, and others that
he had been descended from a prince who had governed the Volsci. We
do not see why he may not have sprung from the prince, and also
have been a fuller. There can, however, be no doubt that he was a
gentleman, not uneducated himself, with means and the desire to
give his children the best education which Rome or Greece afforded.
The third name or cognomen, that of Cicero, belonged to a branch of
the family of Tullius. This third name had generally its origin, as
do so many of our surnames, in some specialty of place, or trade,
or chance circumstance. It was said that an ancestor had been
called Cicero from "cicer," a vetch, because his nose was marked
with the figure of that vegetable. It is <span class='pagenum'><a
name="Page_42" id="Page_42">42</a></span>more probable that
the family prospered by the growing and sale of vetches. Be that as
it may, the name had been well established before the orator's
time. Cicero's mother was one Helvia, of whom we are told that she
was well-born and rich. Cicero himself never alludes to
her—as neither, if I remember rightly, did Horace to his
mother, though he speaks so frequently of his father. Helvia's
younger son, Quintus, tells a story of his mother in a letter,
which has been, by chance, preserved among those written by our
Cicero. She was in the habit of sealing up the empty wine-jars, as
well as those which were full, so that a jar emptied on the sly by
a guzzling slave might be at once known. This is told in a letter
to Tiro, a favorite slave belonging to Marcus, of whom we shall
hear often in the course of our work. As the old lady sealed up the
jars, though they contained no wine, so must Tiro write letters,
though he has nothing to say in them. This kind of argument, taken
from the old familiar stories of one's childhood and one's parents,
could be only used to a dear and familiar friend. Such was Tiro,
though still a slave, to the two brothers. Roman life admitted of
such friendships, though the slave was so completely the creature
of the master that his life and death were at the master's
disposal. This is nearly all that is known of Cicero's father and
mother, or of his old home.</p>
<p>There is, however, sufficient evidence that the father paid
great attention to the education of his sons—if, in the case
of Marcus, any evidence were wanting where the result is so
manifest by the work of his life. At a very early age, probably
when he was eight—in the year which produced Julius
Cæsar—he was sent to Rome, and there was devoted to
studies which from the first were intended to fit him for public
life. Middleton says that the father lived in Rome with his son,
and argues from this that he was a man of large means. But Cicero
gives no authority for this. It is more probable that he lived at
the house of one Aculeo, who had married his <span class=
'pagenum'><a name="Page_43" id="Page_43">43</a></span>mother's
sister, and had sons with whom Cicero was educated. Stories are
told of his precocious talents and performances such as we are
accustomed to hear of many remarkable men—not unfrequently
from their own mouths. It is said of him that he was intimate with
the two great advocates of the time, Lucius Crassus and Marcus
Antonius the orator, the grandfather of Cicero's future enemy, whom
we know as Marc Antony. Cicero speaks of them both as though he had
seen them and talked much of them in his youth. He tells us
anecdotes of them;<a name="FNanchor_33_33" id=
"FNanchor_33_33"></a><a href="#Footnote_33_33" class=
"fnanchor">33</a> how they were both accustomed to conceal their
knowledge of Greek, fancying that the people in whose eyes they
were anxious to shine would think more of them if they seemed to
have contented themselves simply with Roman words and Roman
thoughts. But the intimacy was probably that which a lad now is apt
to feel that he has enjoyed with a great man, if he has seen and
heard him, and perhaps been taken by the hand. He himself gives in
very plain language an account of his own studies when he was
seventeen, eighteen, and nineteen. He speaks of the orators of that
day<a name="FNanchor_34_34" id="FNanchor_34_34"></a><a href=
"#Footnote_34_34" class="fnanchor">34</a>: "When I was above all
things anxious to listen to these men, the banishment of Cotta was
a great sorrow to me. I was passionately intent on hearing those
who were left, daily writing, reading, and making notes. Nor was I
content only with practice in the art of speaking. In the following
year Varius had to go, condemned by his own enactment; and at this
time, in working at the civil law, I gave much of my time to
Quintus Scævola, the son of Publius, who, though he took no
pupils, by explaining points to those who consulted him, gave great
assistance to students. The year after, when Sulla and Pompey were
Consuls, I learned what oratory really means by listening to
Publius Sulpicius, who as tribune was daily making harangues. It
was then that Philo, the Chief of the Academy, with other leading
philosophers of Athens, had been put to <span class='pagenum'><a
name="Page_44" id="Page_44">44</a></span>flight by the war
with Mithridates, and had come to Rome. To him I devoted myself
entirely, stirred up by a wonderful appetite for acquiring the
Greek philosophy. But in that, though the variety of the pursuit
and its greatness charmed me altogether, yet it seemed to me that
the very essence of judicial conclusion was altogether suppressed.
In that year Sulpicius perished, and in the next, three of our
greatest orators, Quintus Catulus, Marcus Antonius, and Caius
Julius, were cruelly killed." This was the time of the civil war
between Marius and Sulla. "In the same year I took lessons from
Molo the Rhodian, a great pleader and master of the art." In the
next chapter he tells us that he passed his time also with Diodatus
the Stoic, who afterward lived with him, and died in his house.
Here we have an authentic description of the manner in which Cicero
passed his time as a youth at Rome, and one we can reduce probably
to absolute truth by lessening the superlatives. Nothing in it,
however, is more remarkable than the confession that, while his
young intellect rejoiced in the subtle argumentation of the Greek
philosophers, his clear common sense quarrelled with their
inability to reach any positive conclusion.</p>
<p>But before these days of real study had come upon him he had
given himself up to juvenile poetry. He is said to have written a
poem called Pontius Glaucus when he was fourteen years old. This
was no doubt a translation from the Greek, as were most of the
poems that he wrote, and many portions of his prose treatises.<a
name="FNanchor_35_35" id="FNanchor_35_35"></a><a href=
"#Footnote_35_35" class="fnanchor">35</a> Plutarch tells us that
the poem was <span class='pagenum'><a name="Page_45" id=
"Page_45">45</a></span>extant in his time, and declares that,
"in process of time, when he had studied this art with greater
application, he was looked upon as the best poet, as well as the
greatest orator in Rome." The English translators of Plutarch tell
us that their author was an indifferent judge of Latin poetry, and
allege as proof of this that he praised Cicero as a poet, a praise
which he gave "contrary to the opinion of Juvenal." But Juvenal has
given no opinion of Cicero's poetry, having simply quoted one
unfortunate line noted for its egotism, and declared that Cicero
would never have had his head cut off had his philippics been of
the same nature.<a name="FNanchor_36_36" id="FNanchor_36_36"></a><a
href="#Footnote_36_36" class="fnanchor">36</a> The evidence of
Quintus Mucius Scævola as to Cicero's poetry was perhaps better,
as he had the means, at any rate, of reading it. He believed that
the Marius, a poem written by Cicero in praise of his great
fellow-townsman, would live to posterity forever. The story of the
old man's prophecy comes to us, no doubt, from Cicero himself, and
is put into the mouth of his brother;<a name="FNanchor_37_37" id=
"FNanchor_37_37"></a><a href="#Footnote_37_37" class=
"fnanchor">37</a> but had it been untrue it would have been
contradicted.</p>
<p>The Glaucus was a translation from the Greek done by a boy,
probably as a boy's lesson It is not uncommon that such exercises
should be treasured by parents, or perhaps by the performer
himself, and not impossible that they should be made to reappear
afterward as original compositions. Lord Brougham tells us in his
autobiography that in his early youth he tried his hand at writing
English essays, and even tales of fiction.<a name="FNanchor_38_38"
id="FNanchor_38_38"></a><a href="#Footnote_38_38" class=
"fnanchor">38</a> "I find one of these," he says, "has survived
the waste-paper <span class='pagenum'><a name="Page_46" id=
"Page_46">46</a></span>basket, and it may amuse my readers to
see the sort of composition I was guilty of at the age of thirteen.
My tale was entitled 'Memnon, or Human Wisdom,' and is as follows."
Then we have a fair translation of Voltaire's romance, "Memnon," or
"La Sagesse Humaine." The old lord, when he was collecting his
papers for his autobiography, had altogether forgotten his
Voltaire, and thought that he had composed the story! Nothing so
absurd as that is told of Cicero by himself or on his behalf.</p>
<p>It may be as well to say here what there may be to be said as to
Cicero's poetry generally. But little of it remains to us, and by
that little it has been admitted that he has not achieved the name
of a great poet; but what he did was too great in extent and too
good in its nature to be passed over altogether without notice. It
has been his fate to be rather ridiculed than read as a maker of
verses, and that ridicule has come from two lines which I have
already quoted. The longest piece which we have is from the
Phænomena of Aratus, which he translated from the Greek when he
was eighteen years old, and which describes the heavenly bodies. It
is known to us best by the extracts from it given by the author
himself in his treatise, De Naturâ Deorum. It must be owned
that it is not pleasant reading. But translated poetry seldom is
pleasant, and could hardly be made so on such a subject by a boy of
eighteen. The Marius was written two years after this, and we have
a passage from it, quoted by the author in his De Divinatione,
containing some fine lines. It tells the story of the battle of the
eagle and the serpent. Cicero took it, no doubt (not translated it,
however), from the passage in the Iliad, lib, xii, 200, which has
been rendered by Pope with less than his usual fire, and by Lord
Derby with no peculiar charm. Virgil has reproduced the picture
with his own peculiar grace of words. His version has been
translated by Dryden, but better, perhaps, by Christopher Pitt.
Voltaire has translated Cicero's lines with great power, and
Shelley has reproduced the <span class='pagenum'><a name="Page_47"
id="Page_47">47</a></span>same idea at much greater length in
the first canto of the Revolt of Islam, taking it probably from
Cicero, but, if not, from Voltaire.<a name="FNanchor_39_39" id=
"FNanchor_39_39"></a><a href="#Footnote_39_39" class=
"fnanchor">39</a> I venture to think that, of the nine versions,
Cicero's is the best, and that it is the most melodious piece of
Latin poetry we have up to that date. Twenty-seven years afterward,
when Lucretius was probably at work on his great poem, Cicero wrote
an account of his consulship in verse. Of this we have fifty or
sixty lines, in which the author describes the heavenly warnings
which were given as to the affairs of his own consular year. The
story is not a happy one, but the lines are harmonious. It is often
worth our while to inquire how poetry has become such as it is, and
how the altered and improved phases of versification have arisen.
To trace our melody from Chaucer to Tennyson is matter of interest
to us all. Of Cicero as a poet we may say that he found Latin
versification rough, and left it smooth and musical. Now, as we go
on with the orator's life and prose works, we need not return to
his poetry.</p>
<p>The names of many masters have been given to us as those under
whom Cicero's education was carried on. Among others he is
supposed, at a very early age, to have been confided to Archias.
Archias was a Greek, born at Antioch, who devoted himself to
letters, and, if we are to believe what Cicero says, when speaking
as an advocate, excelled all his rivals of the day. Like many other
educated Greeks, he made his way to Rome, and was received as one
of the household of Lucullus, with whom he travelled, accompanying
him even to the wars. He became a citizen of Rome—so Cicero
assures us—and Cicero's tutor. What Cicero owed to him we do
not know, but to Cicero Archias owed immortality. His claim to
citizenship was disputed; and Cicero, pleading on his behalf, <span
class='pagenum'><a name="Page_48" id="Page_48">
48</a></span>made one of those shorter speeches which are perfect
in melody, in taste, and in language. There is a passage in which
speaking on behalf of so excellent a professor in the art, he sings
the praises of literature generally. I know no words written in
praise of books more persuasive or more valuable. "Other
recreations," he says, "do not belong to all seasons nor to all
ages, nor to all places. These pursuits nourish our youth and
delight our old age. They adorn our prosperity and give a refuge
and a solace to our troubles. They charm us at home, and they are
not in our way when we are abroad. They go to bed with us. They
travel about with us. They accompany us as we escape into the
country."<a name="FNanchor_40_40" id="FNanchor_40_40"></a><a href=
"#Footnote_40_40" class="fnanchor">40</a> Archias probably did
something for him in directing his taste, and has been rewarded
thus richly. As to other lessons, we know that he was instructed in
law by Scævola, and he has told us that he listened to Crassus and
Antony. At sixteen he went through the ceremony of putting off his
boy's dress, the toga prætexta, and appearing in the toga virilis
before the Prætor, thus assuming his right to go about a man's
business. At sixteen the work of education was <i>not</i>
finished—no more than it is with us when a lad at Oxford
becomes "of age" at twenty-one; nor was he put beyond his father's
power, the "patria potestas," from which no age availed to liberate
a son; but, nevertheless, it was a very joyful ceremony, and was
duly performed by Cicero in the midst of his studies with
Scævola.</p>
<p>At eighteen he joined the army. That doctrine of the division of
labor which now, with us, runs through and dominates all pursuits,
had not as yet been made plain to the minds of men at Rome by the
political economists of the day. It was well that a man should know
something of many things—that he should especially, if he
intended to be a leader of men, be both soldier and orator. To rise
to be Consul, having first been Quæstor, Ædile, and Prætor, was
the path of <span class='pagenum'><a name="Page_49" id=
"Page_49">49</a></span>glory. It had been the special duty of
the Consuls of Rome, since the establishment of consular
government, to lead the armies of the Republic. A portion of the
duty devolved upon the Prætors, as wars became more numerous; and
latterly the commanders were attended by Quæstors. The Governors
of the provinces, Proconsuls, or Proprætors with proconsular
authority, always combined military with civil authority. The art
of war was, therefore, a necessary part of the education of a man
intended to rise in the service of the State. Cicero, though, in
his endeavor to follow his own tastes, he made a strong effort to
keep himself free from such work, and to remain at Rome instead of
being sent abroad as a Governor, had at last to go where fighting
was in some degree necessary, and, in the saddest phase of his
life, appeared in Italy with his lictors, demanding the honors of a
triumph. In anticipation of such a career, no doubt under the
advice of his friends, he now went out to see, if not a battle,
something, at any rate, of war. It has already been said how the
citizenship of Rome was conferred on some of the small Italian
States around, and not on others. Hence, of course, arose jealousy,
which was increased by the feeling on the part of those excluded
that they were called to furnish soldiers to Rome, as well as those
who were included. Then there was formed a combination of Italian
cities, sworn to remedy the injury thus inflicted on them. Their
purpose was to fight Rome in order that they might achieve Roman
citizenship; and hence arose the first civil war which distracted
the Empire. Pompeius Strabo, father of Pompey the Great, was then
Consul (<span class="smcap">b.c.</span> 89), and Cicero was sent
out to see the campaign under him. Marius and Sulla, the two Romans
who were destined soon to bathe Rome in blood, had not yet
quarrelled, though they had been brought to hate each
other—Marius by jealousy, and Sulla by rivalry. In this war
they both served under the Consuls, and Cicero served with Sulla.
We know nothing of his doings in that campaign. There are no
tidings even of a misfortune such as <span class='pagenum'><a name=
"Page_50" id="Page_50">50</a></span>that which happened to
Horace when he went out to fight, and came home from the
battle-field "relicta non bene parmula."</p>
<p>Rome trampled on the rebellious cities, and in the end admitted
them to citizenship. But probably the most important, certainly the
most notorious, result of the Italian war, was the deep antagonism
of Marius and Sulla. Sulla had made himself conspicuous by his
fortune on the occasion, whereas Marius, who had become the great
soldier of the Republic, and had been six times Consul, failed to
gather fresh laurels. Rome was falling into that state of anarchy
which was the cause of all the glory and all the disgrace of
Cicero's life, and was open to the dominion of any soldier whose
grasp might be the least scrupulous and the strongest. Marius,
after a series of romantic adventures with which we must not
connect ourselves here, was triumphant only just before his death,
while Sulla went off with his army, pillaged Athens, plundered Asia
Minor generally, and made terms with Mithridates, though he did not
conquer him. With the purport, no doubt, of conquering Mithridates,
but perhaps with the stronger object of getting him out of Rome,
the army had been intrusted to him, with the consent of the Marian
faction.</p>
<p>Then came those three years, when Sulla was in the East and
Marius dead, of which Cicero speaks as a period of peace, in which
a student was able to study in Rome. "Triennium fere fuit urbs sine
armis."<a name="FNanchor_41_41" id="FNanchor_41_41"></a><a href=
"#Footnote_41_41" class="fnanchor">41</a> These must have been
the years 86, 85, and 84 before Christ, when Cicero was twenty-one,
twenty-two, and twenty-three years old; and it was this period, in
truth, of which he speaks, and not of earlier years, when he tells
us of his studies with Philo, and Molo, and Diodatus. Precocious as
he was in literature, writing one poem—or translating
it—when he was fourteen, and another when he was eighteen, he
was by no means in a hurry to commence the work of his life. He is
said also to have written a treatise on <span class='pagenum'><a
name="Page_51" id="Page_51">51</a></span>military tactics when
he was nineteen; which again, no doubt, means that he had exercised
himself by translating such an essay from the Greek. This, happily,
does not remain. But we have four books, Rhetoricorum ad C.
Herennium, and two books De Inventione, attributed to his twentieth
and twenty-first years, which are published with his works, and
commence the series. Of all that we have from him, they are perhaps
the least worth reading; but as they are, or were, among his
recognized writings, a word shall be said of them in their proper
place.</p>
<p>The success of the education of Cicero probably became a
commonplace among Latin school-masters and Latin writers. In the
dialogue De Oratoribus, attributed to Tacitus, the story of it is
given by Messala when he is praising the orators of the earlier
age. "We know well," says Messala, "that book of Cicero which is
called Brutus, in the latter part of which he describes to us the
beginning and the progress of his own eloquence, and, as it were,
the bringing up on which it was founded. He tells us that he had
learned civil law under Q. Mutius Scævola; that he had exhausted
the realm of philosophy—learning that of the Academy under
Philo, and that of the Stoics under Diodatus; that, not content
with these treatises, he had travelled through Greece and Asia, so
as to embrace the whole world of art. And thus it had come about
that in the works of Cicero no knowledge is wanting—neither
of music, nor of grammar, nor any other liberal accomplishment. He
understood the subtilty of logic, the purpose of ethics, the
effects and causes of things." Then the speaker goes on to explain
what may be expected from study such as that. "Thus it is, my good
friends—thus, that from the acquirement of many arts, and
from a general knowledge of all things, eloquence that is truly
admirable is created in its full force; for the power and capacity
of an orator need not be hemmed in, as are those of other callings,
by certain narrow bounds; but that man is the true orator who is
able to speak <span class='pagenum'><a name="Page_52" id=
"Page_52">52</a></span>on all subjects with dignity and grace,
so as to persuade those who listen, and to delight them, in a
manner suited to the nature of the subject in hand and the
convenience of the time."<a name="FNanchor_42_42" id=
"FNanchor_42_42"></a><a href="#Footnote_42_42" class=
"fnanchor">42</a></p>
<p>We might fancy that we were reading words from Cicero himself!
Then the speaker in this imaginary conversation goes on to tell us
how far matters had derogated in his time, pointing out at the same
time that the evils which he deplores had shown themselves even
before Cicero, but had been put down, as far as the law could put
them down, by its interference. He is speaking of those schools of
rhetoric in which Greek professors of the art gave lessons for
money, which were evil in their nature, and not, as it appears,
efficacious even for the purpose in hand. "But now," continues
Messala, "our very boys are brought into the schools of those
lecturers who are called 'rhetores,' who had sprung up before
Cicero, to the displeasure of our ancestors, as is evident from the
fact that when Crassus and Domitius were Censors they were ordered
to shut up their school of impudence, as Cicero calls it. Our boys,
as I was going to say, are taken to these lecture-rooms, in which
it is hard to say whether the atmosphere of the place, or the lads
they are thrown among, or the nature of the lessons taught, are the
most injurious. In the place itself there is neither discipline nor
respect. All who go there are equally ignorant. The boys among the
boys, the lads among the lads, utter and listen to just what words
they please. Their very exercises are, for the most part, useless.
Two kinds are in vogue with these 'rhetores,' called 'suasoriæ'
and 'controversiæ,'" tending, we may perhaps say, to persuade or
to refute. "Of these, the 'suasoriæ,' as being the lighter and
requiring less of experience, are given to the little boys, the
'controversiæ' to the bigger lads. But—oh heavens, what they
are—what miserable compositions!" Then he tells us the
subjects <span class='pagenum'><a name="Page_53" id="Page_53">
53</a></span>selected. Rape, incest, and other horrors are
subjected to the lads for their declamation, in order that they may
learn to be orators.</p>
<p>Messala then explains that in those latter days—his days,
that is—under the rule of despotic princes, truly large
subjects are not allowed to be discussed in
public—confessing, however, that those large subjects, though
they afford fine opportunities to orators, are not beneficial to
the State at large. But it was thus, he says, that Cicero became
what he was, who would not have grown into favor had he defended
only P. Quintius and Archias, and had had nothing to do with
Catiline, or Milo, or Verres, or Antony—showing, by-the-way,
how great was the reputation of that speech, Pro Milone, with which
we shall have to deal farther on.</p>
<p>The treatise becomes somewhat confused, a portion of it having
probably been lost. From whose mouth the last words are supposed to
come is not apparent. It ends with a rhapsody in favor of imperial
government—suitable, indeed, to the time of Domitian, but
very unlike Tacitus. While, however, it praises despotism, it
declares that only by the evils which despotism had quelled could
eloquence be maintained. "Our country, indeed, while it was astray
in its government; while it tore itself to pieces by parties and
quarrels and discord; while there was no peace in the Forum, no
agreement in the Senate, no moderation on the judgment-seat, no
reverence for letters, no control among the magistrates, boasted,
no doubt, a stronger eloquence."</p>
<p>From what we are thus told of Cicero, not what we hear from
himself, we are able to form an idea of the nature of his
education. With his mind fixed from his early days on the ambition
of doing something noble with himself, he gave himself up to all
kinds of learning. It was Macaulay, I think, who said of him that
the idea of conquering the "omne scibile,"—the understanding of
all things within the reach of human intellect—was before his
eyes as it was before those <span class='pagenum'><a name="Page_54"
id="Page_54">54</a></span>of Bacon. The special preparation
which was, in Cicero's time, employed for students at the bar is
also described in the treatise from which I have quoted—the
preparation which is supposed to have been the very opposite of
that afforded by the "rhetores." "Among ourselves, the youth who
was intended to achieve eloquence in the Forum, when already
trained at home and exercised in classical knowledge, was brought
by his father or his friends to that orator who might then be
considered to be the leading man in the city. It became his daily
work to follow that man, to accompany him, to be conversant with
all his speeches, whether in the courts of law or at public
meetings, so that he might learn, if I might say so, to fight in
the very thick of the throng." It was thus that Cicero studied his
art. A few lines farther down, the pseudo-Tacitus tells us that
Crassus, in his nineteenth year, held a brief against Carbo; that
Cæsar did so in his twenty-first against Dolabella; and
Pollio, in his twenty-second year, against Cato.<a name=
"FNanchor_43_43" id="FNanchor_43_43"></a><a href="#Footnote_43_43"
class="fnanchor">43</a> In this precocity Cicero did not imitate
Crassus, or show an example to the Romans who followed him. He was
twenty-six when he pleaded his first cause. Sulla had then
succeeded in crushing the Marian faction, and the Sullan
proscriptions had taken place, and were nominally over. Sulla had
been declared Dictator, and had proclaimed that there should be no
more selections for death. The Republic was supposed to be
restored. "Recuperata republica * * * tum primum nos ad
causas et privatas et publicas adire cœpimus,"<a name=
"FNanchor_44_44" id="FNanchor_44_44"></a><a href="#Footnote_44_44"
class="fnanchor">44</a> "The Republic having been restored, I
then first applied myself to pleadings, both private and
public."</p>
<p>Of Cicero's politics at that time we are enabled to form a <span
class='pagenum'><a name="Page_55" id="Page_55">
55</a></span>fair judgment. Marius had been his townsman; Sulla
had been his captain. But the one thing dear to him was the
Republic—what he thought to be the Republic. He was neither
Marian nor Sullan. The turbulence in which so much noble blood had
flowed—the "crudelis interitus oratorum," the crushing out of
the old legalized form of government—was abominable to him.
It was his hope, no doubt his expectation, that these old forms
should be restored in all their power. There seemed to be more
probability of this—there was more probability of it—on
the side of Sulla than the other. On Sulla's side was Pompey, the
then rising man, who, being of the same age with Cicero, had
already pushed himself into prominence, who was surnamed the Great,
and who "triumphed" during these very two years in which Cicero
began his career; who through Cicero's whole life was his bugbear,
his stumbling-block, and his mistake. But on that side were the
"optimates," the men who, if they did not lead, ought to lead the
Republic; those who, if they were not respectable, ought to be so;
those who, if they did not love their country, ought to love it. If
there was a hope, it was with them. The old state of
things—that oligarchy which has been called a
Republic—had made Rome what it was; had produced power,
civilization, art, and literature. It had enabled such a one as
Cicero was himself to aspire to lead, though he had been humbly
born, and had come to Rome from an untried provincial family. To
him the Republic—as he fancied that it had been, as he
fancied that it might be—was all that was good, all that was
gracious, all that was beneficent. On Sulla's side lay what chance
there was of returning to the old ways. When Sulla was declared
Dictator, it was presumed that the Republic was restored. But not
on this account should it be supposed that Cicero regarded the
proscriptions of Sulla with favor, or that he was otherwise than
shocked by the wholesale robberies for which the proscription paved
the way. This is a matter with which it will be necessary to deal
more fully when we come <span class='pagenum'><a name="Page_56" id=
"Page_56">56</a></span>in our next chapter to the first
speeches made by Cicero; in the very first of which, as I place
them, he attacks the Sullan robberies with an audacity which, when
we remember that Sulla was still in power, rescues, at any rate, in
regard to this period of his life, the character of the orator from
that charge of cowardice which has been imputed to him.</p>
<p>It is necessary here, in this chapter devoted to the education
of Cicero, to allude to his two first speeches, because that
education was not completed till afterward—so that they may
be regarded as experiments, or trials, as it were, of his force and
sufficiency. "Not content with these teachers"—teachers who
had come to Rome from Greece and Asia—"he had travelled
through Greece and Asia, so as to embrace the whole world of art."
These words, quoted a few pages back from the treatise attributed
to Tacitus, refer to a passage in the Brutus in which Cicero makes
a statement to that effect. "When I reached Athens,<a name=
"FNanchor_45_45" id="FNanchor_45_45"></a><a href="#Footnote_45_45"
class="fnanchor">45</a> I passed six months with Antiochus, by
far the best known and most erudite of the teachers of the old
Academy, and with him, as my great authority and master, I renewed
that study of philosophy which I had never abandoned—which
from my boyhood I had followed with always increasing success. At
the same time I practised oratory laboriously with Demetrius Syrus,
also at Athens, a well-known and by no means incapable master of
the art of speaking. After that I wandered over all Asia, and came
across the best orators there, with whom I practised, enjoying
their willing assistance." There is more of it, which need not be
repeated verbatim, giving the names of those who aided him in Asia:
Menippus of Stratonice—who, he says, was sweet enough to have
belonged himself to Athens—with Dionysius of Magnesia, with
Œschilus of Cnidos, and with Xenocles of Adramyttium. Then at
Rhodes he came across his old friend Molo, and applied himself
again to the teaching of his former master. <span class=
'pagenum'><a name="Page_57" id="Page_57">
57</a></span>Quintilian explains to us how this was done with a
purpose, so that the young orator, when he had made a first attempt
with his half-fledged wings in the courts, might go back to his
masters for awhile<a name="FNanchor_46_46" id=
"FNanchor_46_46"></a><a href="#Footnote_46_46" class=
"fnanchor">46</a>.</p>
<p>He was twenty-eight when he started on this tour. It has been
suggested that he did so in fear of the resentment of Sulla, with
whose favorites and with whose practices he had dealt very plainly.
There is no reason for alleging this, except that Sulla was
powerful, that Sulla was blood-thirsty, and that Sulla must have
been offended. This kind of argument is often used. It is supposed
to be natural, or at least probable, that in a certain position a
man should have been a coward or a knave, ungrateful or cruel; and
in the presumption thus raised the accusation is brought against
him. "Fearing Sulla's resentment," Plutarch says, "he travelled
into Greece, and gave out that the recovery of his health was the
motive." There is no evidence that such was his reason for
travelling; and, as Middleton says in his behalf, it is certain
that he "continued for a year after this in Rome without any
apprehension of danger." It is best to take a man's own account of
his own doings and their causes, unless there be ground for
doubting the statement made. It is thus that Cicero himself speaks
of his journey: "Now," he says, still in his Brutus<a name=
"FNanchor_47_47" id="FNanchor_47_47"></a><a href="#Footnote_47_47"
class="fnanchor">47</a>, "as you wish to know what I am—not
simply what mark I may have on my body from my birth, or with what
surroundings of childhood I was brought up—I will include
some details which might perhaps seem hardly necessary. At this
time I was thin and weak, my neck being long and narrow—a
habit and form of body which is supposed to be adverse to long
life; <span class='pagenum'><a name="Page_58" id="Page_58">
58</a></span>and those who loved me thought the more of this,
because I had taken to speaking without relaxation, without
recreation with all the powers of my voice, and with much muscular
action. When my friends and the doctors desired me to give up
speaking, I resolved that, rather than abandon my career as an
orator, I would face any danger. But when it occurred to me that by
lowering my voice, by changing my method of speaking, I might avoid
the danger, and at the same time learn to speak with more elegance,
I accepted that as a reason for going into Asia, so that I might
study how to change my mode of elocution. Thus, when I had been two
years at work upon causes, and when my name was already well known
in the Forum, I took my departure, and left Rome."</p>
<p>During the six months that he was at Athens he renewed an early
acquaintance with one who was destined to become the most faithful,
and certainly the best known, of his friends. This was Titus
Pomponius, known to the world as that Atticus to whom were
addressed something more than half the large body of letters which
were written by Cicero, and which have remained for our use.<a
name="FNanchor_48_48" id="FNanchor_48_48"></a><a href=
"#Footnote_48_48" class="fnanchor">48</a> He seems to have lived
much with Atticus, who was occupied with similar studies, though
with altogether different results. Atticus applied himself to the
practices of the Epicurean school, and did in truth become "Epicuri
de grege porcus." To enjoy life, to amass a fortune, to keep
himself free from all turmoils of war or state, to make the best of
the times, whether they were bad or good, without any attempt on
his part to mend them—this was the philosophy of Titus
Pomponius, who was called Atticus because Athens, full of art and
literature, easy, unenergetic, and luxurious, was dear to him. To
this philosophy, or rather to this theory of life, Cicero was
altogether opposed. He studied <span class='pagenum'><a name=
"Page_59" id="Page_59">59</a></span>in all the
schools—among the Platonists, the Stoics, even with the
Epicureans enough to know their dogmas so that he might criticise
them—proclaiming himself to belong to the new Academy, or
younger school of Platonists, but in truth drawing no system of
morals or rule of life from any of them. To him, and also to
Atticus, no doubt, these pursuits afforded an intellectual pastime.
Atticus found himself able to justify to himself the bent of his
disposition by the name of a philosopher, and therefore became an
Epicurean. Cicero could in no way justify to himself any deviation
from the energy of public life, from its utility, from its
ambition, from its loves, or from its hatred; and from the Greek
philosophers whom he named of this or the other school, received
only some assistance in that handling of so-called philosophy which
became the chief amusement of his future life. This was well
understood by the Latin authors who wrote of Cicero after his own
time. Quintilian, speaking of Cicero and Brutus as writers of
philosophy, says of the latter, "Suffecit ponderi rerum; seias enim
sentire quæ dicit."<a name="FNanchor_49_49" id=
"FNanchor_49_49"></a><a href="#Footnote_49_49" class=
"fnanchor">49</a>—"He was equal to the weight of the
subject, for you feel that he believes what he writes." He leaves
the inference, of course, that Cicero wrote on such matters only
for the exercise of his ingenuity, as a school-boy writes.</p>
<p>When at Athens, Cicero was initiated into the Eleusinian
mysteries—as to which Mr. Collins, in his little volume on
Cicero, in the Ancient Classics for English Readers, says that they
"contained under this veil whatever faith in the Invisible and
Eternal rested in the mind of an enlightened pagan." In this Mr.
Collins is fully justified by what Cicero himself has said although
the character thus given to these mysteries is very different from
that which was attributed to them by early Christian writers. They
were to those pious but somewhat prejudiced theologists mysterious
and pagan, and therefore <span class='pagenum'><a name="Page_60"
id="Page_60">60</a></span>horrible.<a name="FNanchor_50_50"
id="FNanchor_50_50"></a><a href="#Footnote_50_50" class=
"fnanchor">50</a> But Cicero declares in his dialogue with
Atticus, De Legibus, written when he was fifty-five years old, in
the prime of his intellect, that "of all the glories and divine
gifts which your Athens has produced for the improvement of men
nothing surpasses these mysteries, by which the harshness of our
uncivilized life has been softened, and we have been lifted up to
humanity; and as they are called 'initia,'" by which aspirants were
initiated, "so we have in truth found in them the seeds of a new
life. Nor have we received from them only the means of living with
satisfaction, but also of dying with a better hope as to the
future."<a name="FNanchor_51_51" id="FNanchor_51_51"></a><a href=
"#Footnote_51_51" class="fnanchor">51</a></p>
<p>Of what took place with Cicero and Atticus at their introduction
to the Eleusinian mysteries we know nothing. But it can hardly be
that, with such memories running in his mind after thirty years,
expressed in such language to the very friend who had then been his
companion, they should not have been accepted by him as indicating
the commencement of some great line of thought. The two doctrines
which seem to mark most clearly the difference between the men whom
we regard, the one as a pagan and the other as a Christian, are the
belief in a future life and the duty of doing well by our
neighbors. Here they are both indicated, the former in plain
language, and the latter in that assurance of the softening of the
barbarity of uncivilized life, "Quibus ex agresti immanique vita
exculti ad humanitatem et mitigati sumus."</p>
<p>Of the inner life of Cicero at this moment—how he ate, how
he drank, with what accompaniment of slaves he lived, how he was
dressed, and how lodged—we know very little; <span class=
'pagenum'><a name="Page_61" id="Page_61">61</a></span>but we
are told enough to be aware that he could not have travelled, as he
did in Greece and Asia, without great expense. His brother Quintus
was with him, so that cost, if not double, was greatly increased.
Antiochus, Demetrius Syrus, Molo, Menippus, and the others did not
give him their services for nothing. These were gentlemen of whom
we know that they were anxious to carry their wares to the best
market. And then he seems to have been welcomed wherever he went,
as though travelling in some sort "en prince." No doubt he had
brought with him the best introductions which Rome could afford;
but even with them a generous allowance must have been necessary,
and this must have come from his father's pocket.</p>
<p>As we go on, a question will arise as to Cicero's income and the
sources whence it came. He asserts of himself that he was never
paid for his services at the bar. To receive such payment was
illegal, but was usual. He claims to have kept himself exempt from
whatever meanness there may have been in so receiving such
fees—exempt, at any rate, from the fault of having broken the
law. He has not been believed. There is no evidence to convict him
of falsehood, but he has not been believed, because there have not
been found palpable sources of income sufficient for an expenditure
so great as that which we know to have been incident to the life he
led. But we do not know what were his father's means. Seeing the
nature of the education given to the lad, of the manner in which
his future life was prepared for him from his earliest days, of the
promise made to him from his boyhood of a career in the metropolis
if he could make himself fit for it, of the advantages which costly
travel afforded him, I think we have reason to suppose that the old
Cicero was an opulent man, and that the house at Arpinum was no
humble farm, or fuller's poor establishment.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_62" id="Page_62">
62</a></span></p>
<h3><a name="CHAPTER_III" id="CHAPTER_III"></a><span class="smcap">Chapter III.</span></h3>
<h4><i>THE CONDITION OF ROME.</i></h4>
<p>It is far from my intention to write a history of Rome during
the Ciceronian period. Were I to attempt such a work, I should have
to include the doings of Sertorius in Spain, of Lucullus and Pompey
in the East, Cæsar's ten years in Gaul, and the civil wars
from the taking of Marseilles to the final battles of Thapsus and
Munda. With very many of the great events which the period includes
Cicero took but slight concern—so slight that we can hardly
fail to be astonished when we find how little he had to say of
them—he who ran through all the offices of the State, who was
the chosen guardian of certain allied cities, who has left to us so
large a mass of correspondence on public subjects, and who was
essentially a public man for thirty-four years. But he was a public
man who concerned himself personally with Rome rather than with the
Roman Empire. Home affairs, and not foreign affairs, were dear to
him. To Cæsar's great deeds in Gaul we should have had from
him almost no allusion, had not his brother Quintus been among
Cæsar's officers, and his young friend Trebatius been
confided by himself to Cæsar's care. Of Pharsalia we only
learn from him that, in utter despair of heart, he allowed himself
to be carried to the war. Of the proconsular governments throughout
the Roman Empire we should not learn much from Cicero, were it not
that it has been shown to us by the trial of Verres how atrocious
might be the conduct of a Roman Governor, and by the narratives of
Cicero's own rule in Cilicia, how excellent. The history of
the time has been <span class='pagenum'><a name="Page_63" id=
"Page_63">63</a></span>written for modern readers by Merivale
and Mommsen, with great research and truth as to facts, but, as I
think with some strong feeling. Now Mr. Froude has followed with
his Cæsar, which might well have been called Anti-Cicero. All
these in lauding, and the two latter in deifying, the successful
soldier, have, I think, dealt hardly with Cicero, attributing to
his utterances more than they mean; doubting his sincerity, but
seeing clearly the failure of his political efforts. With the great
facts of the Roman Empire as they gradually formed themselves from
the fall of Carthage, when the Empire began,<a name=
"FNanchor_52_52" id="FNanchor_52_52"></a><a href="#Footnote_52_52"
class="fnanchor">52</a> to the establishment of Augustus, when it
was consummated, I do not pretend to deal, although by far the most
momentous of them were crowded into the life of Cicero. But in
order that I may, if possible, show the condition of his mind
toward the Republic—that I may explain what it was that he
hoped and why he hoped it—I must go back and relate in a few
words what it was that Marius and Sulla had done for Rome.</p>
<p>Of both these men all the doings with which history is greatly
concerned were comprised within the early years of Cicero's life.
Marius, indeed, was nearly fifty years of age when his
fellow-townsman was born, and had become a distinguished soldier,
and, though born of humble parents, had pushed himself to the
Consulate. His quarrel with Sulla had probably commenced, springing
from jealousy as to deeds done in the Jugurthine war. But it is not
matter of much moment, now that Marius had proved himself to be a
good and hardy soldier, excepting in this, that, by making himself
a soldier in early life, he enabled himself in his latter years to
become the master of Rome.</p>
<p>Sulla, too, was born thirty-two years before Cicero—a
patrician of the bluest blood—and having gone, as we say,
into <span class='pagenum'><a name="Page_64" id="Page_64">
64</a></span>public life, and having been elected Quæstor, became
a soldier by dint of office, as a man with us may become head of
the Admiralty. As Quæstor he was sent to join Marius in Africa a
few months before Cicero was born. Into his hands, as it happened,
not into those of Marius, Jugurtha was surrendered by his
father-in-law, Bocchus, who thought thus to curry favor with the
Romans. Thence came those internecine feuds, in which, some
twenty-five years later, all Rome was lying butchered. The cause of
quarrelling between these two men, the jealousies which grew in the
heart of the elder, from the renewed successes of the younger, are
not much to us now; but the condition to which Rome had been
brought, when two such men could scramble for the city, and each
cut the throats of the relatives, friends, and presumed allies of
the other, has to be inquired into by those who would understand
what Rome had been, what it was, and what it was necessarily to
become.</p>
<p>When Cicero was of an age to begin to think of these things, and
had put on the "toga virilis," and girt himself with a sword to
fight under the father of Pompey for the power of Rome against the
Italian allies who were demanding citizenship, the quarrel was in
truth rising to its bitterness. Marius and Sulla were on the same
side in that war. But Marius had then not only been Consul, but had
been six times Consul; and he had beaten the Teutons and the
Cimbrians, by whom Romans had feared that all Italy would be
occupied. What was not within the power of such a leader of
soldiers? and what else but a leader of soldiers could prevail when
Italy and Rome, but for such a General, had been at the mercy of
barbaric hordes, and when they had been compelled to make that
General six times Consul?</p>
<p>Marius seems to have been no politician. He became a soldier and
then a General; and because he was great as a soldier and General,
the affairs of the State fell into his hands with very little
effort. In the old days of Rome military <span class='pagenum'><a
name="Page_65" id="Page_65">65</a></span>power had been needed
for defence, and successful defence had of course produced
aggressive masterhood and increased territory. When Hannibal, while
he was still lingering in Italy, had been circumvented by the
appearance of Scipio in Africa and the Romans had tasted the
increased magnificence of external conquest, the desire for foreign
domination became stronger than that of native rule. From that time
arms were in the ascendant rather than policy. Up to that time a
Consul had to become a General, because it was his business to look
after the welfare of the State. After that time a man became a
Consul in order that he might be a General. The toga was made to
give way to the sword, and the noise of the Forum to the trumpets.
We, looking back now, can see that it must have been so, and we are
prone to fancy that a wise man looking forward then might have read
the future. In the days of Marius there was probably no man so
wise. Cæsar was the first to see it. Cicero would have seen
it, but that the idea was so odious to him that he could not
acknowledge to himself that it need be so. His life was one
struggle against the coming evil—against the time in which
brute force was to be made to dominate intellect and civilization.
His "cedant arma togæ" was a scream, an impotent scream, against
all that Sulla had done or Cæsar was about to do. The
mischief had been effected years before his time, and had gone too
far ahead to be arrested even by his tongue. Only, in considering
these things, let us confess that Cicero saw what was good and what
was evil, though he was mistaken in believing that the good was
still within reach.</p>
<p>Marius in his way was a Cæsar—as a soldier,
undoubtedly a very efficient Cæsar—having that great
gift of ruling his own appetites which enables those who possess it
to conquer the appetites of others. It may be doubted whether his
quickness in stopping and overcoming the two great hordes from the
north, the Teutons and the Cimbrians, was not equal in strategy to
anything that Cæsar accomplished in Gaul. It is probable
<span class='pagenum'><a name="Page_66" id="Page_66">
66</a></span>that Cæsar learned much of his tactics from
studying the manœuvres of Marius. But Marius was only a General.
Though he became hot in Roman politics, audacious and confident,
knowing how to use and how to disregard various weapons of
political power as they had been handed down by tradition and law,
the "vetoes" and the auguries, and the official dignities, he used
them, or disregarded them, in quest only of power for himself. He
was able to perceive how vain was law in such a period as that in
which he lived; and that, having risen by force of arms, he must by
force of arms keep his place or lose his life. With him, at least,
there was no idea of Roman liberty, little probably of Roman glory,
except so far as military glory and military power go together.</p>
<p>Sulla was a man endowed with a much keener insight into the
political condition of the world around him. To make a dash for
power, as a dog might do, and keep it in his clutch as a dog would,
was enough for Marius. Sulla could see something of future events.
He could understand that, by reducing men around him to a low
level, he could make fast his own power over them, and that he
could best do this by cutting off the heads of all who stood a
little higher than their neighbors. He might thus produce
tranquillity, and security to himself and others. Some glimmer of
an idea of an Augustan rule was present to him; and with the view
of producing it, he re-established many of the usages of the
Republic, not reproducing the liberty but the forms of liberty. It
seems to have been his idea that a Sullan party might rule the
Empire by adherence to these forms. I doubt if Marius had any fixed
idea of government. To get the better of his enemies, and then to
grind them into powder under his feet, to seize rank and power and
riches, and then to enjoy them, to sate his lust with blood and
money and women, at last even with wine, and to feed his revenge by
remembering the hard things which he was made to endure during the
period of his overthrow—this <span class='pagenum'><a name=
"Page_67" id="Page_67">67</a></span>seems to have been enough
for Marius.<a name="FNanchor_53_53" id="FNanchor_53_53"></a><a
href="#Footnote_53_53" class="fnanchor">53</a> With Sulla there
was understanding that the Empire must be ruled, and that the old
ways would be best if they could be made compatible with the
newly-concentrated power.</p>
<p>The immediate effect upon Rome, either from one or from the
other, was nearly the same. In the year 87 <span class=
"smcap">b.c.</span> Marius occupied himself in slaughtering the
Sullan party—during which, however, Sulla escaped from Rome
to the army of which he was selected as General, and proceeded to
Athens and the East with the object of conquering Mithridates; for,
during these personal contests, the command of this expedition had
been the chief bone of contention among them. Marius, who was by
age unfitted, desired to obtain it in order that Sulla might not
have it. In the next year, 86 <span class="smcap">b.c.</span>,
Marius died, being then Consul for the seventh time. Sulla was away
in the East, and did not return till 83 <span class=
"smcap">b.c.</span> In the interval was that period of peace, fit
for study, of which Cicero afterward spoke. "Triennium fere fuit
urbs sine armis."<a name="FNanchor_54_54" id=
"FNanchor_54_54"></a><a href="#Footnote_54_54" class=
"fnanchor">54</a> Cicero was then twenty-two or twenty-three
years old, and must well have understood, from his remembrance of
the Marian massacres, what it was to have the city embroiled by
arms. It was not that men were fighting, but that they were simply
being killed at the pleasure of the slaughterer. Then Sulla came
<span class='pagenum'><a name="Page_68" id="Page_68">
68</a></span>back, 83 <span class="smcap">b.c.</span>, when Cicero
was twenty-four; and if Marius had scourged the city with rods, he
scourged it with scorpions. It was the city, in truth, that was
scourged, and not simply the hostile faction. Sulla began by
proscribing 520 citizens declaring that he had included in his list
all that he remembered, and that those forgotten should be added on
another day. The numbers were gradually raised to 4,700! Nor did
this merely mean that those named should be caught and killed by
some miscalled officers of justice.<a name="FNanchor_55_55" id=
"FNanchor_55_55"></a><a href="#Footnote_55_55" class=
"fnanchor">55</a> All the public was armed against the wretched,
and any who should protect them were also doomed to death. This,
however, might have been comparatively inefficacious to inflict the
amount of punishment intended by Sulla. Men generally do not
specially desire to imbrue their hands in the blood of other men.
Unless strong hatred be at work, the ordinary man, even the
ordinary Roman, will hardly rise up and slaughter another for the
sake of the employment. But if lucre be added to blood, then blood
can be made to flow copiously. This was what Sulla did. Not only
was the victim's life proscribed, but his property was proscribed
also; and the man who busied himself in carrying out the great
butcher's business assiduously, ardently, and unintermittingly, was
rewarded by the property so obtained. Two talents<a name=
"FNanchor_56_56" id="FNanchor_56_56"></a><a href="#Footnote_56_56"
class="fnanchor">56</a> was to be the fee for mere assassination;
but the man who knew how to carry on well the work of an informer
could earn many talents. It was thus that fortunes were made in the
last days of Sulla. It was not only those 520 who were named for
killing. They were but the firstlings of the flock—the few
victims selected before the real workmen understood how valuable a
trade proscription <span class='pagenum'><a name="Page_69" id=
"Page_69">69</a></span>and confiscation might be made.
Plutarch tells us how a quiet gentleman walking, as was his custom,
in the Forum, one who took no part in politics, saw his own name
one day on the list. He had an Alban villa, and at once knew that
his villa had been his ruin. He had hardly read the list, and had
made his exclamation, before he was slaughtered. Such was the
massacre of Sulla, coming with an interval of two or three years
after those of Marius, between which was the blessed time in which
Rome was without arms. In the time of Marius, Cicero was too young,
and of no sufficient importance, on account of his birth or
parentage, to fear anything. Nor is it probable that Marius would
have turned against his townsmen. When Sulla's turn came, Cicero,
though not absolutely connected with the Dictator, was, so to say,
on his side in politics. In going back even to this period we may
use the terms Liberals and Conservatives for describing the two
parties. Marius was for the people; that is to say, he was opposed
to the rule of the oligarchy, dispersed the Senate, and loved to
feel that his own feet were on the necks of the nobility. Of
liberty, or rights, or popular institutions he recked nothing; but
not the less was he supposed to be on the people's side. Sulla, on
the other hand, had been born a patrician, and affected to preserve
the old traditions of oligarchic rule; and, indeed, though he took
all the power of the State into his own hands, he did restore, and
for a time preserve, these old traditions. It must be presumed that
there was at his heart something of love for old Rome. The
proscriptions began toward the end of the year 82 <span class=
"smcap">b.c.</span>, and were continued through eight or nine
fearful months—up to the beginning of June, 81 <span class=
"smcap">b.c.</span> A day was fixed at which there should be no
more slaughtering—no more slaughtering, that is, without
special order in each case, and no more confiscation—except
such as might be judged necessary by those who had not as yet
collected their prey from past victims. Then Sulla, as Dictator,
set himself to work to reorganize the old laws. There should still
be Consuls and Prætors, <span class='pagenum'><a name="Page_70"
id="Page_70">70</a></span>but with restricted powers, lessened
almost down to nothing. It seems hard to gather what was exactly
the Dictator's scheme as the future depositary of power when he
should himself have left the scene. He did increase the privileges
of the Senate; but thinking of the Senate of Rome as he must have
thought of it, esteeming those old men as lowly as he must have
esteemed them, he could hardly have intended that imperial power
should be maintained by dividing it among them. He certainly
contemplated no follower to himself, no heir to his power, as
Cæsar did. When he had been practically Dictator about three
years—though he did not continue the use of the objectionable
name—he resigned his rule and walked down, as it were, from
his throne into private life. I know nothing in history more
remarkable than Sulla's resignation; and yet the writers who have
dealt with his name give no explanation of it. Plutarch, his
biographer, expresses wonder that he should have been willing to
descend to private life, and that he who made so many enemies
should have been able to do so with security. Cicero says nothing
of it. He had probably left Rome before it occurred, and did not
return till after Sulla's death. It seems to have been accepted as
being in no especial way remarkable.<a name="FNanchor_57_57" id=
"FNanchor_57_57"></a><a href="#Footnote_57_57" class=
"fnanchor">57</a> At his own demand, the plenary power of
Dictator had been given to him—power to do all as he liked,
without reference either to the Senate or to the people, and with
an added proviso that he should keep it as long as he thought fit,
and lay it down when it pleased him. He did lay it down, flattering
himself, probably, that, as he had done his work, he would walk out
from his dictatorship like some Camillus of old. There had been no
Dictator in Rome for more than a century and a quarter—not
since the time of <span class='pagenum'><a name="Page_71" id=
"Page_71">71</a></span>Hannibal's great victories; and the old
dictatorships lasted but for a few months or weeks, after which the
Dictator, having accomplished the special task, threw up his
office. Sulla now affected to do the same; and Rome, after the
interval of three years, accepted the resignation in the old
spirit. It was natural to them, though only by tradition, that a
Dictator should resign—so natural that it required no special
wonder. The salt of the Roman Constitution was gone, but the
remembrance of the savor of it was still sweet to the minds of the
Romans.</p>
<p>It seems certain that no attempt was made to injure Sulla when
he ceased to be nominally at the head of the army, but it is
probable that he did not so completely divest himself of power as
to be without protection. In the year after his abdication he died,
at the age of sixty-one, apparently strong as regards general
health, but, if Plutarch's story be true, affected with a terrible
cutaneous disease. Modern writers have spoken of Sulla as though
they would fain have praised him if they dared, because, in spite
of his demoniac cruelty, he recognized the expediency of bringing
the affairs of the Republic again into order. Middleton calls him
the "only man in history in whom the odium of the most barbarous
cruelties was extinguished by the glory of his great acts."
Mommsen, laying the blame of the proscriptions on the head of the
oligarchy, speaks of Sulla as being either a sword or a pen in the
service of the State, as a sword or a pen would be required, and
declares that, in regard to the total "absence of political
selfishness—although it is true in this respect
only—Sulla deserves to be named side by side with
Washington."<a name="FNanchor_58_58" id="FNanchor_58_58"></a><a
href="#Footnote_58_58" class="fnanchor">58</a> To us at present
who are endeavoring to investigate the sources and the nature of
Cicero's character, the attributes of this man would be but of
little moment, were it <span class='pagenum'><a name="Page_72" id=
"Page_72">72</a></span>not that Cicero was probably Cicero
because Sulla had been Sulla. Horrid as the proscriptions and
confiscations were to Cicero—and his opinion of them was
expressed plainly enough when it was dangerous to express them<a
name="FNanchor_59_59" id="FNanchor_59_59"></a><a href=
"#Footnote_59_59" class="fnanchor">59</a>—still it was
apparent to him that the cause of order (what we may call the best
chance for the Republic) lay with the Senate and with the old
traditions and laws of Rome, in the re-establishment of which Sulla
had employed himself. Of these institutions Mommsen speaks with a
disdain which we now cannot but feel to be justified. "On the Roman
oligarchy of this period," he says "no judgment can be passed save
one of inexorable and remorseless condemnation; and, like
everything connected with it, the Sullan constitution is involved
in that condemnation."<a name="FNanchor_60_60" id=
"FNanchor_60_60"></a><a href="#Footnote_60_60" class=
"fnanchor">60</a> We have to admit that the salt had gone out
from it, and that there was no longer left any savor by which it
could be preserved. But the German historian seems to err somewhat
in this, as have also some modern English historians, that they
have not sufficiently seen that the men of the day had not the
means of knowing all that they, the historians, know. Sulla and his
Senate thought that by massacring the Marian faction they had
restored everything to an equilibrium. Sulla himself seems to have
believed that when the thing was accomplished Rome would go on, and
grow in power and prosperity as she had grown, without other
reforms than those which he had initiated. There can be no doubt
that many of the best in Rome—the best in morals, the best in
patriotism, and the best in erudition—did think that, with
the old forms, the old virtue would come back. Pompey thought so,
and Cicero. Cato thought so, and Brutus. Cæsar, when he came
to think about it, thought the reverse. But even now to us, looking
back <span class='pagenum'><a name="Page_73" id="Page_73">
73</a></span>with so many things made clear to us, with all the
convictions which prolonged success produces, it is doubtful
whether some other milder change—some such change as Cicero
would have advocated—might not have prevented the tyranny of
Augustus, the mysteries of Tiberius, the freaks of Caligula, the
folly of Claudius, and the madness of Nero.</p>
<p>It is an uphill task, that of advocating the cause of a man who
has failed. The Cæsars of the world are they who make
interesting stories. That Cicero failed in the great purpose of his
life has to be acknowledged. He had studied the history of his
country, and was aware that hitherto the world had produced nothing
so great as Roman power; and he knew that Rome had produced true
patriotism. Her Consuls, her Censors, her Tribunes, and her
Generals had, as a rule, been true to Rome, serving their country,
at any rate till of late years, rather than themselves. And he
believed that liberty had existed in Rome, though nowhere else. It
would be well if we could realize the idea of liberty which Cicero
entertained. Liberty was very dear to him—dear to him not
only as enjoying it himself, but as a privilege for the enjoyment
of others. But it was only the liberty of a few. Half the
population of the Roman cities were slaves, and in Cicero's time
the freedom of the city, which he regarded as necessary to liberty,
belonged only to a small proportion of the population of Italy. It
was the liberty of a small privileged class for which he was
anxious. That a Sicilian should be free under a Roman Proconsul, as
a Roman citizen was entitled to be, was abhorrent to his doctrine.
The idea of cosmopolitan freedom—an idea which exists with
us, but is not common to very many even now—had not as yet
been born: that care for freedom which springs from a desire to do
to others as we would that they should do to us. It required Christ
to father that idea; and Cicero, though he was nearer to
Christianity than any who had yet existed, had not reached it. But
this liberty, though it was but of a few, was so dear to him that
he spent his life in an <span class='pagenum'><a name="Page_74" id=
"Page_74">74</a></span>endeavor to preserve it. The kings had
been expelled from Rome because they had trampled on liberty. Then
came the Republic, which we know to have been at its best no more
than an oligarchy; but still it was founded on the idea that
everything should be done by the votes of the free people. For many
years everything was done by the votes of the free people. Under
what inducements they had voted is another question. Clients were
subject to their patrons, and voted as they were told. We have
heard of that even in England, where many of us still think that
such a way of voting is far from objectionable. Perhaps compulsion
was sometimes used—a sort of "rattening" by which large
bodies were driven to the poll to carry this or the other measure.
Simple eloquence prevailed with some, and with others flattery.
Then corruption became rampant, as was natural, the rich buying the
votes of the poor; and votes were bought in various ways—by
cheap food as well as by money, by lavish expenditure in games, by
promises of land, and other means of bribery more or less overt.
This was bad, of course. Every freeman should have given a vote
according to his conscience. But in what country—the
millennium not having arrived in any—has this been achieved?
Though voting in England has not always been pure, we have not
wished to do away with the votes of freemen and to submit
everything to personal rule. Nor did Cicero.</p>
<p>He knew that much was bad, and had himself seen many things that
were very evil. He had lived through the dominations of Marius and
Sulla, and had seen the old practices of Roman government brought
down to the pretence of traditional forms. But still, so he
thought, there was life left in the old forms, if they could be
revivified by patriotism, labor, and intelligence. It was the best
that he could imagine for the State—infinitely better than
the chance of falling into the bloody hands of one Marius and one
Sulla after another. Mommsen tells us that nothing could be more
rotten than the <span class='pagenum'><a name="Page_75" id=
"Page_75">75</a></span>condition of oligarchical government
into which Rome had fallen; and we are inclined to agree with
Mommsen, because we have seen what followed. But that Cicero,
living and seeing it all as a present spectator, should have hoped
better things, should not, I think, cause us to doubt either
Cicero's wisdom or his patriotism. I cannot but think that, had I
been a Roman of those days, I should have preferred Cicero, with
his memories of the past, to Cæsar, with his ambition for the
future.</p>
<p>Looking back from our standing-point of to-day, we know how
great Rome was—infinitely greater, as far as power is
concerned, than anything else which the world has produced. It came
to pass that "Urbis et orbis" was not a false boast. Gradually
growing from the little nest of robbers established on the banks of
the Tiber, the people of Rome learned how to spread their arms over
all the known world, and to conquer and rule, while they drew to
themselves all that the ingenuity and industry of other people had
produced. To do this, there must have been not only courage and
persistence, but intelligence, patriotism, and superior excellence
in that art of combination of which government consists. But yet,
when we look back, it is hard to say when were the palmy days of
Rome. When did those virtues shine by which her power was founded?
When was that wisdom best exhibited from which came her capacity
for ruling? Not in the time of her early kings, whose mythic
virtues, if they existed, were concerned but in small matters; for
the Rome of the kings claimed a jurisdiction extending as yet but a
few miles from the city. And from the time of their expulsion,
Rome, though she was rising in power, was rising slowly, and
through such difficulties that the reader of history, did he not
know the future, would think from time to time that the day of her
destruction had come upon her. Not when Brennus was at Rome with
his Gauls, a hundred and twenty-five years after the expulsion of
the kings, could Rome be said to have been great; nor when, fifty
or <span class='pagenum'><a name="Page_76" id="Page_76">
76</a></span>sixty years afterward, the Roman army—the only
army which Rome then possessed—had to lay down its arms in
the Caudine Forks and pass under the Samnite yoke. Then, when the
Samnite wars were ended, and Rome was mistress in
Italy—mistress, after all, of no more than Southern
Italy—the Punic wars began. It could hardly have been during
that long contest with Carthage, which was carried on for nearly
fifty years, that the palmy days of Rome were at their best.
Hannibal seems always to be the master. Trebia, Thrasymene and
Cannæ, year after year, threaten complete destruction to the State.
Then comes the great Scipio; and no doubt, if we must mark an era
of Roman greatness, it would be that of the battle of Zama and the
submission of Carthage, 201 years before Christ. But with Scipio
there springs up the idea of personal ambition; and in the
Macedonian and Greek wars that follow, though the arm of Rome is
becoming stronger every day, and her shoulders broader, there is
already the glamour of her decline in virtue. Her dealings with
Antiochus, with Pyrrhus, and with the Achæans, though successful,
were hardly glorious. Then came the two Gracchi, and the reader
begins to doubt whether the glory of the Republic is not already
over. They demanded impossible reforms, by means as illegal as they
were impossible, and were both killed in popular riots. The war
with Jugurtha followed, in which the Romans were for years
unsuccessful, and during which German hordes from the north rushed
into Gaul and destroyed an army of 80,000 Romans. This brings us to
Marius and to Sulla, of whom we have already spoken, and to that
period of Roman politics which the German historian describes as
being open to no judgment "save one of inexorable and remorseless
condemnation."</p>
<p>But, in truth, the history of every people and every nation will
be subject to the same criticism, if it be regarded with the same
severity. In all that man has done as yet in the way of government,
the seeds of decay are apparent when looked back upon from an age
in advance. The period of Queen Elizabeth <span class='pagenum'><a
name="Page_77" id="Page_77">77</a></span>was very great to us;
yet by what dangers were we enveloped in her days! But for a storm
at sea, we might have been subjected to Spain. By what a system of
falsehood and petty tyrannies were we governed through the reigns
of James I. and Charles I.! What periods of rottenness and danger
there have been since! How little glorious was the reign of Charles
II.! how full of danger that of William! how mean those of the four
Georges, with the dishonesty of ministers such as Walpole and
Newcastle! And to-day, are there not many who are telling us that
we are losing the liberties which our forefathers got for us, and
that no judgment can be passed on us "save one of inexorable and
remorseless condemnation?" We are a great nation, and the present
threatenings are probably vain. Nevertheless, the seeds of decay
are no doubt inherent in our policies and our practices—so
manifestly inherent that future historians will pronounce upon them
with certainty.</p>
<p>But Cicero, not having the advantage of distance, having simply
in his mind the knowledge of the greatness which had been achieved,
and in his heart a true love for the country which had achieved it,
and which was his own, encouraged himself to think that the good
might be recovered and the bad eliminated. Marius and
Sulla—Pompey also, toward the end of his career, if I can
read his character rightly—Cæsar, and of course
Augustus, being all destitute of scruple, strove to acquire, each
for himself, the power which the weak hands of the Senate were
unable to grasp. However much, or however little, the country of
itself might have been to any of them, it seemed good to him,
whether for the country's sake or for his own, that the rule should
be in his own hands. Each had the opportunity, and each used it, or
tried to use it. With Cicero there is always present the longing to
restore the power to the old constitutional possessors of it. So
much is admitted, even by his bitter enemies; and I am sometimes at
a loss whether to wonder most that a man of letters, dead two
thousand years ago, should have enemies so bitter or a friend so
<span class='pagenum'><a name="Page_78" id="Page_78">
78</a></span>keenly in earnest about him as I am. Cicero was aware
quite as well as any who lived then, if he did not see the matter
clearer even than any others, that there was much that was rotten
in the State. Men who had been murderers on behalf of Marius, and
then others who had murdered on behalf of Sulla—among whom
that Catiline, of whom we have to speak presently, had been
one—were not apt to settle themselves down as quiet citizens.
The laws had been set aside. Even the law courts had been closed.
Sulla had been law, and the closets of his favorites had been the
law courts. Senators had been cowed and obedient. The Tribunes had
only been mock Tribunes. Rome, when Cicero began his public life,
was still trembling. The Consuls of the day were men chosen at
Sulla's command. The army was Sulla's army. The courts were now
again opened by Sulla's permission. The day fixed by Sulla when
murderers might no longer murder—or, at any rate, should not
be paid for murdering—had arrived. There was not, one would
say, much hope for good things. But Sulla had reproduced the signs
of order, and the best hope lay in that direction. Consuls,
Prætors, Quæstors, Ædiles, even Tribunes, were still there.
Perhaps it might be given to him, to Cicero, to strengthen the
hands of such officers. At any rate, there was no better course
open to him by which he could serve his country.</p>
<p>The heaviest accusation brought against Cicero charges him with
being insincere to the various men with whom he was brought in
contact in carrying out the purpose of his life, and he has also
been accused of having changed his purpose. It has been alleged
that, having begun life as a democrat, he went over to the
aristocracy as soon as he had secured his high office of State. As
we go on, it will be my object to show that he was altogether
sincere in his purpose, that he never changed his political idea,
and that, in these deviations as to men and as to means, whether,
for instance, he was ready to serve Cæsar or to oppose him,
he was guided, even in the <span class='pagenum'><a name="Page_79"
id="Page_79">79</a></span>insincerity of his utterances, by
the sincerity of his purpose. I think that I can remember, even in
Great Britain, even in the days of Queen Victoria, men sitting
check by jowl on the same Treasury bench who have been very bitter
to each other with anything but friendly words. With us fidelity in
friendship is, happily, a virtue. In Rome expediency governed
everything. All I claim for Cicero is, that he was more sincere
than others around him.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_80" id="Page_80">
80</a></span></p>
<h3><a name="CHAPTER_IV" id="CHAPTER_IV"></a><span class="smcap">Chapter IV.</span></h3>
<h4><i>HIS EARLY PLEADINGS.—SEXTUS ROSCIUS AMERINUS.—HIS
INCOME.</i></h4>
<div class="sidenote"><span class="smcap">b.c.</span> 80,
<i>ætat</i> 27</div>
<p>We now come to the beginning of the work of Cicero's life. This
at first consisted in his employment as an advocate, from which he
gradually rose into public or political occupation, as so often
happens with a successful barrister in our time. We do not know
with absolute certainty even in what year Cicero began his
pleadings, or in what cause. It may probably have been in 81 <span
class="smcap">b.c.</span>, when he was twenty-five, or in his
twenty-sixth year. Of the pleadings of which we know the
particulars, that in the defence of Sextus Roscius Amerinus, which
took place undoubtedly in the year 80 <span class=
"smcap">b.c.</span>, ætat twenty-seven, was probably the earliest.
As to that, we have his speech nearly entire, as we have also one
for Publius Quintius, which has generally been printed first among
the orator's works. It has, however, I think, been made clear that
that spoken for Sextus Roscius came before it. It is certain that
there had been others before either of them. In that for Sextus he
says that he had never spoken before in any public cause,<a name=
"FNanchor_61_61" id="FNanchor_61_61"></a><a href="#Footnote_61_61"
class="fnanchor">61</a> such as was the accusation in which he
was now engaged, from which the inference has to be made that he
had been engaged in private causes; and in that for Quintius he
<span class='pagenum'><a name="Page_81" id="Page_81">
81</a></span>declares that there was wanting to him in that matter
an aid which he had been accustomed to enjoy in others.<a name=
"FNanchor_62_62" id="FNanchor_62_62"></a><a href="#Footnote_62_62"
class="fnanchor">62</a> No doubt he had tried his 'prentice hand
in cases of less importance. That of these two the defence of
Sextus Roscius came first, is also to be found in his own words.
More than once, in pleading for Quintius, he speaks of the
proscriptions and confiscations of Sulla as evils then some time
past. These were brought nominally to a close in June, 81; but it
has been supposed by those who have placed this oration first that
it was spoken in that very year. This seems to have been
impossible. "I am most unwilling," says he, "to call to mind that
subject, the very memory of which should be wiped out from our
thoughts."<a name="FNanchor_63_63" id="FNanchor_63_63"></a><a href=
"#Footnote_63_63" class="fnanchor">63</a> When the tone of the
two speeches is compared, it will become evident that that for
Sextus Roscius was spoken the first. It was, as I have said, spoken
in his twenty-seventh year, <span class="smcap">b.c.</span> 80, the
year after the proscription lists had been closed, when Sulla was
still Dictator, and when the sales of confiscated goods, though no
longer legal, were still carried on under assumed authority. As to
such violation of Sulla's own enactment, Cicero excuses the
Dictator in this very speech, likening him to Great Jove the
Thunderer. Even "Jupiter Optimus Maximus," as he is whose nod the
heavens, the earth, and seas obey—even he cannot so look
after his numerous affairs but that the winds and the storms will
be too strong sometimes, or the heat too great, or the cold too
bitter. If so, how can we wonder that Sulla, who has to rule the
State, to govern, in fact, the world, should not be able himself to
see to everything? Jove probably found it convenient not to see
many things. Such must certainly have been the case with Sulla.</p>
<p>I will venture, as other biographers have done before, to tell
<span class='pagenum'><a name="Page_82" id="Page_82">
82</a></span>the story of Sextus Roscius of Ameria at some length,
because it is in itself a tale of powerful romance, mysterious,
grim, betraying guilt of the deepest dye, misery most profound, and
audacity unparalleled; because, in a word, it is as interesting as
any novel that modern fiction has produced; and also, I will tell
it, because it lets in a flood of light upon the condition of Rome
at the time. Our hair is made to stand on end when we remember that
men had to pick their steps in such a State as this, and to live if
it were possible, and, if not, then to be ready to die. We come in
upon the fag-end of the proscription, and see, not the bloody
wreath of Sulla as he triumphed on his Marian foes, not the cruel
persecution of the ruler determined to establish his order of
things by slaughtering every foe, but the necessary accompaniments
of such ruthless deeds—those attendant villanies for which
the Jupiter Optimus Maximus of the day had neither ears nor eyes.
If in history we can ever get a glimpse at the real life of the
people, it is always more interesting than any account of the great
facts, however grand.</p>
<p>The Kalends of June had been fixed by Sulla as the day on which
the slaughter legalized by the proscriptions should cease. In the
September following an old gentleman named Sextus Roscius was
murdered in the streets of Rome as he was going home from supper
one night, attended by two slaves. By whom he was murdered,
probably more than one or two knew then, but nobody knows now. He
was a man of reputation, well acquainted with the Metelluses and
Messalas of the day, and passing rich. His name had been down on no
proscription list, for he had been a friend of Sulla's friends. He
was supposed, when he was murdered, to be worth about six million
of sesterces, or something between fifty and sixty thousand pounds
of our money. Though there was at that time much money in Rome,
this amounted to wealth; and though we cannot say who murdered the
man, we may feel sure that he was murdered for his money.</p>
<p>Immediately on his death his chattels were seized and
sold—<span class='pagenum'><a name="Page_83" id="Page_83">
83</a></span>or divided, probably, without being
sold—including his slaves, in whom, as with every rich Roman,
much of his wealth was invested; and his landed estates—his
farms, of which he had many—were also divided. As to the
actual way in which this was done, we are left much in the dark.
Had the name of Sextus Roscius been on one of the lists, even
though the list would then have been out of date, we could have
understood that it should have been so. Jupiter Optimus Maximus
could not see everything, and great advantages were taken. We must
only suppose that things were so much out of order that they who
had been accustomed to seize upon the goods of the proscribed were
able to stretch their hands so as to grasp almost anything that
came in their way. They could no longer procure a rich man's name
to be put down on the list, but they could pretend that it had been
put down. At any rate, certain persons seized and divided the
chattels of the murdered man as though he had been proscribed.</p>
<p>Old Roscius, when he was killed, had one son, of whom we are
told that he lived always in the country at Ameria, looking after
his father's farms, never visiting the capital, which was distant
from Ameria something under fifty miles; a rough, uncouth, and
probably honest man—one, at any rate, to whom the ways of the
city were unknown, and who must have been but partially acquainted
with the doings of the time.<a name="FNanchor_64_64" id=
"FNanchor_64_64"></a><a href="#Footnote_64_64" class=
"fnanchor">64</a> As we read the story, we feel that very much
depends on the character of this man, and we are aware that our
only description of him comes from his own advocate. Cicero would
probably say much which, though beyond the truth, could not be
absolutely refuted, but would state as facts nothing that was
absolutely false. Cicero describes him as a middle-aged man, who
<span class='pagenum'><a name="Page_84" id="Page_84">
84</a></span>never left his farm, doing his duty well by his
father, as whose agent he acted on the land—a simple,
unambitious, ignorant man, to whom one's sympathies are due rather
than our antipathy, because of his devotion to agriculture. He was
now accused of having murdered his father. The accusation was
conducted by one Erucius, who in his opening speech—the
speech made before that by Cicero—had evidently spoken ill of
rural employments. Then Cicero reminds him, and the judges, and the
Court how greatly agriculture had been honored in the old days,
when Consuls were taken from the ploughs. The imagination, however,
of the reader pictures to itself a man who could hardly have been a
Consul at any time—one silent, lonely, uncouth, and
altogether separate from the pleasant intercourses of life. Erucius
had declared of him that he never took part in any festivity.
Cicero uses this to show that he was not likely to have been
tempted by luxury to violence. Old Roscius had had two sons, of
whom he had kept one with him in Rome—the one, probably,
whose society had been dearest to him. He, however, had died, and
our Roscius—Sextus Roscius Amerinus, as he came to be called
when he was made famous by the murder—was left on one of the
farms down in the country. The accusation would probably not have
been made, had he not been known to be a man sullen, silent, rough,
and unpopular—as to whom such a murder might be supposed to
be credible.</p>
<p>Why should any accusation have been made unless there was clear
evidence as to guilt? That is the first question which presents
itself. This son received no benefit from his father's death. He
had in fact been absolutely beggared by it—had lost the farm,
the farming utensils, every slave in the place, all of which had
belonged to his father, and not to himself. They had been taken,
and divided; taken by persons called "Sectores," informers or
sequestrators, who took possession of and sold—or did not
sell—confiscated goods. Such men in this case had pounced
down upon the goods of <span class='pagenum'><a name="Page_85" id=
"Page_85">85</a></span>the murdered man at once and swallowed
them all up, not leaving an acre or a slave to our Roscius. Cicero
tells us who divided the spoil among them. There were two other
Rosciuses, distant relatives, probably, both named Titus; Titus
Roscius Magnus, who sojourned in Rome, and who seems to have
exercised the trade of informer and assassin during the
proscriptions, and Titus Roscius Capito, who, when at home, lived
at Ameria, but of whom Cicero tells us that he had become an apt
pupil of the other during this affair. They had got large shares,
but they shared also with one Chrysogonus, the freedman and
favorite of Sulla, who did the dirty work for Jupiter Optimus
Maximus when Jupiter Optimus Maximus had not time to do it himself.
We presume that Chrysogonus had the greater part of the plunder. As
to Capito, the apt pupil, we are told again and again that he got
three farms for himself.</p>
<p>Again, it is necessary to say that all these facts come from
Cicero, who, in accordance with the authorized practice of
barristers, would scruple at saying nothing which he found in his
instructions. How instructions were conveyed to an advocate in
those days we do not quite know. There was no system of attorneys.
But the story was probably made out for the "patronus" or advocate
by an underling, and in some way prepared for him. That which was
thus prepared he exaggerated as the case might seem to require. It
has to be understood of Cicero that he possessed great art and, no
doubt, great audacity in such exaggeration; in regard to which we
should certainly not bear very heavily upon him now, unless we are
prepared to bear more heavily upon those who do the same thing in
our own enlightened days. But Cicero, even as a young man, knew his
business much too well to put forward statements which could be
disproved. The accusation came first; then the speech in defence;
after that the evidence, which was offered only on the side of the
accuser, and which was subject to cross-examination. Cicero would
have <span class='pagenum'><a name="Page_86" id="Page_86">
86</a></span>no opportunity of producing evidence. He was thus
exempted from the necessity of proving his statements, but was
subject to have them all disproved. I think we may take it for
granted that the property of the murdered man was divided as he
tells us.</p>
<p>If that was so, why should any accusation have been made? Our
Sextus seems to have been too much crushed by the dangers of his
position to have attempted to get back any part of his father's
wealth. He had betaken himself to the protection of a certain noble
lady, one Metella, whose family had been his father's friends, and
by her and her friends the defence was no doubt managed. "You have
my farms," he is made to say by his advocate; "I live on the
charity of another. I abandon everything because I am placid by
nature, and because it must be so. My house, which is closed to me,
is open to you: I endure it. You have possessed yourself of my
whole establishment; I have not one single slave. I suffer all
this, and feel that I must suffer it. What do you want more? Why do
you persecute me further? In what do you think that I shall hurt
you? How do I interfere with you? In what do I oppose you? Is it
your wish to kill a man for the sake of plunder? You have your
plunder. If for the sake of hatred, what hatred can you feel
against him of whose land you have taken possession before you had
even known him?"<a name="FNanchor_65_65" id="FNanchor_65_65"></a><a
href="#Footnote_65_65" class="fnanchor">65</a> Of all this, which
is the advocate's appeal to pity, we may believe as little as we
please. Cicero is addressing the judge, and desires only an
acquittal. But the argument shows that no overt act in quest of
restitution had as yet been made. Nevertheless, Chrysogonus feared
such action, and had arranged with the two Tituses that something
should be done to prevent it. What are we to think of the condition
of a city in which not only could a man be murdered for his wealth
walking home from supper—that, indeed, might happen in London
<span class='pagenum'><a name="Page_87" id="Page_87">
87</a></span>if there existed the means of getting at the man's
money when the man was dead—but in which such a plot could be
concerted in order that the robbery might be consummated? "We have
murdered the man and taken his money under the false plea that his
goods had been confiscated. Friends, we find, are
interfering—these Metellas and Metelluses, probably. There is
a son who is the natural heir. Let us say that he killed his own
father. The courts of law, which have only just been reopened since
the dear days of proscription, disorder, and confiscation, will
hardly yet be alert enough to acquit a man in opposition to the
Dictator's favorite. Let us get him convicted, and, as a parricide,
sewed up alive in a bag and thrown into the river"—as some of
us have perhaps seen cats drowned, for such was the
punishment—"and then he at least will not disturb us." It
must have thus been that the plot was arranged.</p>
<p>It was a plot so foul that nothing could be fouler; but not the
less was it carried out persistently with the knowledge and the
assistance of many. Erucius, the accuser, who seems to have been
put forward on the part of Chrysogonus, asserted that the man had
caused his father to be murdered because of hatred. The father was
going to disinherit the son, and therefore the son murdered the
father. In this there might have been some probability, had there
been any evidence of such an intention on the father's part. But
there was none. Cicero declares that the father had never thought
of disinheriting his son. There had been no quarrel, no hatred.
This had been assumed as a reason—falsely. There was in fact
no cause for such a deed; nor was it possible that the son should
have done it. The father was killed in Rome when, as was evident,
the son was fifty miles off. He never left his farm. Erucius, the
accuser, had said, and had said truly, that Rome was full of
murderers.<a name="FNanchor_66_66" id="FNanchor_66_66"></a><a href=
"#Footnote_66_66" class="fnanchor">66</a> But who was the <span
class='pagenum'><a name="Page_88" id="Page_88">
88</a></span>most likely to have employed such a person: this
rough husbandman, who had no intercourse with Rome, who knew no one
there, who knew little of Roman ways, who had nothing to get by the
murder when committed, or they who had long been concerned with
murderers, who knew Rome, and who were now found to have the
property in their hands?</p>
<p>The two slaves who had been with the old man when he was killed,
surely they might tell something? Here there comes out incidentally
the fact that slaves when they were examined as witnesses were
tortured, quite as a matter of course, so that their evidence might
be extracted. This is spoken of with no horror by Cicero, nor, as
far as I can remember, by other Roman writers. It was regarded as
an established rule of life that a slave, if brought into a court
of law, should be made to tell the truth by such appliances. This
was so common that one is tempted to hope, and almost to suppose
that the "question" was not ordinarily administered with
circumstances of extreme cruelty. We hear, indeed, of slaves having
their liberty given them in order that, being free, they may not be
forced by torture to tell the truth;<a name="FNanchor_67_67" id=
"FNanchor_67_67"></a><a href="#Footnote_67_67" class=
"fnanchor">67</a> but had the cruelty been of the nature
described by Scott in "Old Mortality," when the poor preacher's
limbs were mangled, I think we should have heard more of it. Nor
was the torture always applied, but only when the expected evidence
was not otherwise forth-coming. Cicero explains, in the little
dialogue given below, how the thing was carried on.<a name=
"FNanchor_68_68" id="FNanchor_68_68"></a><a href="#Footnote_68_68"
class="fnanchor">68</a> "You had better tell the truth now, my
friend: Was it so and so?" The slave knows that, if he says it was
so, there is the cross for him, or the "little horse;" but that, if
he will say the contrary, <span class='pagenum'><a name="Page_89"
id="Page_89">89</a></span>he will save his joints from
racking. And yet the evidence went for what it was worth.</p>
<p>In this case of Roscius there had certainly been two slaves
present; but Cicero, who, as counsel for the defence, could call no
witnesses, had not the power to bring them into court; nor could
slaves have been made to give evidence against their masters. These
slaves, who had belonged to the murdered man, were now the property
either of Chrysogonus or of the two Tituses. There was no getting
at their evidence but by permission of their masters, and this was
withheld. Cicero demands that they shall be produced, knowing that
the demand will have no effect. "The man here," he says, pointing
to the accused, "asks for it, prays for it. What will you do in
this case? Why do you refuse?"<a name="FNanchor_69_69" id=
"FNanchor_69_69"></a><a href="#Footnote_69_69" class=
"fnanchor">69</a></p>
<p>By this time the reader is brought to feel that the accused
person cannot possibly have been guilty; and if the reader, how
much more the hearer? Then Cicero goes on to show who in truth were
guilty. "Doubt now if you can, judges, by whom Roscius was killed:
whether by him who, by his father's death, is plunged into poverty
and trouble—who is forbidden even to investigate the
truth—or by those who are afraid of real evidence, who
themselves possess the plunder, who live in the midst of murder,
and on the proceeds of murder."<a name="FNanchor_70_70" id=
"FNanchor_70_70"></a><a href="#Footnote_70_70" class=
"fnanchor">70</a></p>
<p>Then he addresses one of the Tituses, Titus Magnus, who seems to
have been sitting in the court, and who is rebuked for his
impudence in doing so: "Who can doubt who was the
murderer—you who have got all the plunder, or this man who
has lost everything? But if it be added to this that you were a
pauper before—that you have been known as a greedy fellow, as
a dare-devil, as the avowed enemy of him who has been
killed—then need one ask what has brought you to do such a
deed as this?"<a name="FNanchor_71_71" id="FNanchor_71_71"></a><a
href="#Footnote_71_71" class="fnanchor">71</a></p>
<p><span class='pagenum'><a name="Page_90" id="Page_90">
90</a></span>He next tells what took place, as far as it was
known, immediately after the murder. The man had been killed coming
home from supper, in September, after it was dark, say at eight or
nine o'clock, and the fact was known in Ameria before dawn.
Travelling was not then very quick; but a messenger, one Mallius
Glaucia, a man on very close terms with Titus Magnus, was sent down
at once in a light gig to travel through the night and take the
information to Titus Capito Why was all this hurry? How did Glaucia
hear of the murder so quickly? What cause to travel all through the
night? Why was it necessary that Capito should know all about it at
once? "I cannot think," says Cicero, "only that I see that Capito
has got three of the farms out of the thirteen which the murdered
man owned!" But Capito is to be produced as a witness, and Cicero
gives us to understand what sort of cross-examination he will have
to undergo.</p>
<p>In all this the reader has to imagine much, and to come to
conclusions as to facts of which he has no evidence. When that
hurried messenger was sent, there was probably no idea of accusing
the son. The two real contrivers of the murder would have been more
on their guard had they intended such a course. It had been
conceived that when the man was dead and his goods seized, the fear
of Sulla's favorite, the still customary dread of the horrors of
the time, would cause the son to shrink from inquiry. Hitherto,
when men had been killed and their goods taken, even if the killing
and the taking had not been done strictly in accordance with
Sulla's ordinance, it had been found safer to be silent and to
endure; but this poor wretch, Sextus, had friends in
Rome—friends who were friends of Sulla—of whom
Chrysogonus and the Tituses had probably not bethought themselves.
When it came to pass that more stir was made than they had
expected, then the accusation became necessary.</p>
<p>But, in order to obtain the needed official support and aid,
Chrysogonus must be sought. Sulla was then at Volaterra, in Etruria
<span class='pagenum'><a name="Page_91" id="Page_91">
91</a></span>perhaps 150 miles north-west from Rome, and with him
was his favorite Chrysogonus. In four days from the time of this
murder the news was earned thither, and, so Cicero states, by the
same messenger—by Glaucia—who had taken it to Ameria.
Chrysogonus immediately saw to the selling of the goods, and from
this Cicero implies that Chrysogonus and the two Tituses were in
partnership.</p>
<p>But it seems that when the fact of the death of old Roscius was
known at Ameria—at which place he was an occasional resident
himself, and the most conspicuous man in the place—the
inhabitants, struck with horror, determined to send a deputation to
Sulla. Something of what was being done with their townsman's
property was probably known, and there seems to have been a desire
for justice. Ten townsmen were chosen to go to Sulla, and to beg
that he would personally look into the matter. Here, again, we are
very much in the dark, because this very Capito, to whom these
farms were allotted as his share, was not only chosen to be one of
the ten, but actually became their spokesman and their manager. The
great object was to keep Sulla himself in the dark, and this Capito
managed to do by the aid of Chrysogonus. None of the ten were
allowed to see Sulla. They are hoaxed into believing that
Chrysogonus himself will look to it, and so they go back to Ameria,
having achieved nothing. We are tempted to believe that the
deputation was a false deputation, each of whom probably had his
little share, so that in this way there might be an appearance of
justice. If it was so, Cicero has not chosen to tell that part of
the story, having, no doubt, some good advocate's reason for
omitting it.</p>
<p>So far the matter had gone with the Tituses, and with
Chrysogonus who had got his lion's share. Our poor Roscius, the
victim, did at first abandon his property, and allow himself to be
awed into silence. We cannot but think that he was a poor creature,
and can fancy that he had lived a wretched life during all the
murders of the Sullan proscriptions. But in his <span class=
'pagenum'><a name="Page_92" id="Page_92">92</a></span>abject
misery he had found his way up among the great friends of his
family at Rome, and had there been charged with the parricide,
because Chrysogonus and the Tituses began to be afraid of what
these great friends might do.</p>
<p>This is the story as Cicero has been able to tell it in his
speech. Beyond that, we only know that the man was acquitted.
Whether he got back part of his father's property there is nothing
to inform us. Whether further inquiry was made as to the murder;
whether evil befell those two Tituses or Chrysogonus was made to
disgorge, there has been no one to inform us. The matter was of
little importance in Rome, where murders and organized robberies of
the kind were the common incidents of every-day life. History would
have meddled with nothing so ordinary had not it happened that the
case fell into the hands of a man so great a master of his language
that it has been worth the while of ages to perpetuate the speech
which he made in the matter. But the story, as a story of Roman
life, is interesting, and it gives a slight aid to history in
explaining the condition of things which Sulla had produced.</p>
<p>The attack upon Chrysogonus is bold, and cannot but have been
offensive to Sulla, though Sulla is by name absolved from immediate
blame. Chrysogonus himself, the favorite, he does not spare, saying
words so bitter of tone that one would think that the
judges—Sulla's judges—would have stopped him, had they
been able. "Putting aside Sextus Roscius," he says, "I demand,
first of all, why the goods of an esteemed citizen were sold; then,
why have the goods been sold of one who had not himself been
proscribed, and who had not been killed while defending Sulla's
enemies? It is against those only that the law is made. Then I
demand why they were sold when the legal day for such sales had
passed, and why they were sold for such a trifle."<a name=
"FNanchor_72_72" id="FNanchor_72_72"></a><a href="#Footnote_72_72"
class="fnanchor">72</a> Then he gives us a picture of Chrysogonus
<span class='pagenum'><a name="Page_93" id="Page_93">
93</a></span>flaunting down the streets. "You have seen him,
judges, how, his locks combed and perfumed, he swims along the
Forum"—he, a freedman, with a crowd of Roman citizens at his
heels, that all may see that he thinks himself inferior to
none—"the only happy man of the day, the only one with any
power in his hands."<a name="FNanchor_73_73" id=
"FNanchor_73_73"></a><a href="#Footnote_73_73" class=
"fnanchor">73</a></p>
<p>This trial was, as has been said, a "causa publica," a criminal
accusation of such importance as to demand that it should be tried
before a full bench of judges. Of these the number would be
uncertain, but they were probably above fifty. The Prætor of the
day—the Prætor to whom by lot had fallen for that year that
peculiar duty—presided, and the judges all sat round him.
Their duty seems to have consisted in listening to the pleadings,
and then in voting. Each judge could vote<a name="FNanchor_74_74"
id="FNanchor_74_74"></a><a href="#Footnote_74_74" class=
"fnanchor">74</a> "guilty," "acquitted," or "not proven," as they
do in Scotland. They were, in fact, jurymen rather than judges. It
does not seem that any amount of legal lore was looked for
specially in the judges, who at different periods had been taken
from various orders of the citizens, but who at this moment, by a
special law enacted by Sulla, were selected only from the Senators.
We have ample evidence that at this period the judges in Rome were
most corrupt. They were tainted by a double corruption: that of
standing by their order instead of standing by the
public—each man among them feeling that his turn to be
accused might come—and that also of taking direct bribes.
Cicero on various occasions—on this, for instance, and
notably in the trial of Verres, to which we shall come
soon—<span class='pagenum'><a name="Page_94" id="Page_94">
94</a></span>felt very strongly that his only means of getting a
true verdict from the majority of judges was to frighten them into
temporary honesty by the magnitude of the occasion. If a trial
could be slurred through with indifferent advocates, with nothing
to create public notice, with no efforts of genius to attract
admiration, and a large attendance and consequent sympathy the
judgment would, as a matter of course, be bought. In such a case as
this of Sextus Roscius, the poor wretch would be condemned, sewed
up in his bag, and thrown into the sea, a portion of the plunder
would be divided among the judges, and nothing further would be
said about it. But if an orator could achieve for himself such a
reputation that the world would come and listen to him, if he could
so speak that Rome should be made to talk about the trial, then
might the judges be frightened into a true verdict. It may be
understood, therefore, of what importance it was to obtain the
services of a Cicero, or of a Hortensius, who was unrivalled at the
Roman bar when Cicero began to plead.</p>
<p>There were three special modes of oratory in which Cicero
displayed his powers. He spoke either before the judges—a
large body of judges who sat collected round the Prætor, as in the
case of Sextus Roscius—or in cases of civil law before a
single judge, selected by the Prætor, who sat with an assessor, as
in the case of Roscius the actor, which shall be mentioned just
now. This was the recognized work of his life, in which he was
engaged, at any rate, in his earlier years; or he spoke to the
populace, in what was called the Concio, or assembly of the
people—speeches made before a crowd called together for a
special purpose, as were the second and third orations against
Catiline; or in the Senate, in which a political rather than a
judicial sentence was sought from the votes of the Senators. There
was a fourth mode of address, which in the days of the Emperors
became common, when the advocate spoke "ad Principem;" that is, to
the Emperor himself, or to some ruler acting for him as sole judge.
It was thus that Cicero <span class='pagenum'><a name="Page_95" id=
"Page_95">95</a></span>pleaded before Cæsar for Ligarius
and for King Deiotarus, in the latter years of his life. In each of
these a separate manner and a distinct line had to be adopted, in
all of which he seems to have been equally happy, and equally
powerful. In judging of his speeches, we are bound to remember that
they were not probably uttered with their words arranged as we read
them. Some of those we have were never spoken at all, as was the
case with the five last Verrene orations, and with the second, by
far the longest of the Philippics. Some, as was specially the case
with the defence of Milo, the language of which is perhaps as
perfect as that of any oration which has reached us from ancient or
modern days, were only spoken in part; so that that which we read
bears but small relation to that which was heard. All were probably
retouched for publication.<a name="FNanchor_75_75" id=
"FNanchor_75_75"></a><a href="#Footnote_75_75" class=
"fnanchor">75</a> That words so perfect in their construction
should have flowed from a man's mouth, often with but little
preparation, we cannot conceive. But we know from the evidence of
the day, and from the character which remained of him through after
Roman ages, how great was the immediate effect of his oratory. We
can imagine him, in this case of Sextus Roscius, standing out in
the open air in the Forum, with the movable furniture of the court
around him, the seats on which the judges sat with the Prætor in
the midst of them, all Senators in their white robes, with broad
purple borders. There too were seated, we may suppose on lower
benches, the friends of the accused and the supporters of the
accusation, and around, at the back of the orator, was such a crowd
as he by the character of his eloquence may have drawn to the spot.
Cicero was still a young man; but his name had made itself known
and we can imagine that some tidings had got abroad as to <span
class='pagenum'><a name="Page_96" id="Page_96">
96</a></span>the bold words which would be spoken in reference to
Sulla and Chrysogonus. The scene must have been very different from
that of one of our dingy courts, in which the ermine is made
splendid only by the purity and learning of the man who wears it.
In Rome all exterior gifts were there. Cicero knew how to use them,
so that the judges who made so large a part in the pageant should
not dare to disgrace themselves because of its publicity.
Quintilian gives his pupils much advice as to the way in which they
should dress themselves<a name="FNanchor_76_76" id=
"FNanchor_76_76"></a><a href="#Footnote_76_76" class=
"fnanchor">76</a> and hold their togas—changing the folds
of the garment so as to suit the different parts of the
speech—how they should move their arms, and hold their heads,
and turn their necks; even how they should comb their hair when
they came to stand in public and plead at the bar. All these arts,
with many changes, no doubt, as years rolled on, had come down to
him from days before Cicero; but he always refers to Cicero as
though his were the palmy days of Roman eloquence. We can well
believe that Cicero had studied many of these arts by his
twenty-seventh year—that he knew how to hold his toga and how
to drop it—how to make the proper angle with his
elbow—how to comb his hair, and yet not be a fop—and to
add to the glory of his voice all the personal graces which were at
his command.</p>
<p>Sextus Roscius Amerinus, with all his misfortunes, injustices,
and miseries, is now to us no more than the name of a fable; but to
those who know it, the fable is, I think, more attractive than most
novels.</p>
<p><span class='pagenum'><a name="Page_97" id="Page_97">
97</a></span>We know that Cicero pleaded other causes before he
went to Greece in the year 79 <span class="smcap">b.c.</span>,
especially those for Publius Quintius, of which we have his speech,
and that for a lady of Arretium, in which he defended her right to
be regarded as a free woman of that city. In this speech he again
attacked Sulla, the rights of the lady in question having been
placed in jeopardy by an enactment made by the Dictator; and again
Cicero was successful. This is not extant. Then he started on his
travels, as to which I have already spoken. While he was absent
Sulla died, and the condition of the Republic during his absence
was anything but hopeful. Lepidus was Consul during these two
years, than whom no weaker officer ever held rule in Rome—or
rebelled against Rome; and Sertorius, who was in truth a great man,
was in arms against Rome in Spain, as a rebel, though he was in
truth struggling to create a new Roman power, which should be purer
than that existing in Italy. What Cicero thought of the condition
of his country at this time we have no means of knowing. If he then
wrote letters, they have not been preserved. His spoken words speak
plainly enough of the condition of the courts of law, and let us
know how resolved he was to oppose himself to their iniquities. A
young man may devote himself to politics with as much ardor as a
senior, but he cannot do so if he be intent on a profession. It is
only when his business is so well grasped by him as to sit easily
on him, that he is able to undertake the second occupation.</p>
<p>There is a rumor that Cicero, when he returned home from Greece,
thought for awhile of giving himself up to philosophy, so that he
was called Greek and Sophist in ridicule. It is not, however, to be
believed that he ever for a moment abandoned the purpose he had
formed for his own career. It will become evident as we go on with
his life, that this so-called philosophy of the Greeks was never to
him a matter of more than interesting inquiry. A full, active,
human life, in which he might achieve for himself all the charms of
high rank, gilded by intelligence, <span class='pagenum'><a name=
"Page_98" id="Page_98">98</a></span>erudition, and refined
luxury, in which also he might serve his country, his order, and
his friends—just such a life as our leading men propose to
themselves here, to-day, in our country—this is what Cicero
had determined to achieve from his earliest years, and it was not
likely that he should be turned from it by the pseudo logic of
Greek philosophers. That the logic even of the Academy was false to
him we have ample evidence, not only in his life but in his
writings. There is a story that, during his travels, he consulted
the oracle at Delphi as to his future career, and that on being
told that he must look to his own genius and not to the opinion of
the world at large, he determined to abandon the honors of the
Republic. That he should have talked among the young men of the day
of his philosophic investigations till they laughed at him and gave
him a nickname, may be probable, but it cannot have been that he
ever thought of giving up the bar.</p>
<p>In the year of his return to Rome, when he was thirty, he
married Terentia, a noble lady, of whom we are informed that she
had a good fortune, and that her sister was one of the Vestal
Virgins.<a name="FNanchor_77_77" id="FNanchor_77_77"></a><a href=
"#Footnote_77_77" class="fnanchor">77</a> Her nobility is
inferred from the fact that the virgins were, as a rule, chosen
from the noble families, though the law required only that they
should be the daughters of free parents, and of persons engaged in
no mean pursuits. As to the more important question of Terentia's
fortune there has never been a doubt. Plutarch, however, does not
make it out to have been very great, assuming a sum which was equal
to about £4200 of our money. He tells us at the same time
that Cicero's own fortune was less than £4000. But in both of
these statements, Plutarch, who was forced to take his facts where
he could get them, and was not very <span class='pagenum'><a name=
"Page_99" id="Page_99">99</a></span>particular in his
authority, probably erred. The early education of Cicero, and the
care taken to provide him with all that money could purchase, is, I
think, conclusive of his father's wealth; and the mode of life
adopted by Cicero shows that at no period did he think it necessary
to live as men do live with small incomes.</p>
<p>We shall find, as we go on, that he spent his money freely, as
men did at Rome who had the command of large means. We are aware
that he was often in debt. We find that from his letters. But he
owed money not as a needy man does, but as one who is speculative,
sanguine, and quite confident of his own resources. The management
of incomes was not so fixed a thing then as it is with us now.
Speculation was even more rampant, and rising men were willing and
were able to become indebted for enormous sums, having no security
to offer but the promise of their future career. Cæsar's
debts during various times of his life were proverbial. He is said
to have owed over £300,000 before he reached his first step
in the public employment. Cicero rushed into no such danger as
this. We know, indeed, that when the time came to him for public
expenditure on a great scale, as, for instance, when he was filling
the office of Ædile, he kept within bounds, and he did not lavish
money which he did not possess. We know also that he refrained,
altogether refrained, from the iniquitous habits of making large
fortunes which were open to the great politicians of the Republic.
To be Quæstor that he might be Ædile, Ædile that he might be
Prætor and Consul, and Prætor and Consul that he might rob a
province—pillage Sicily, Spain, or Asia, and then at last
come back a rich man, rich enough to cope with all his creditors,
and to bribe the judges should he be accused for his
misdeeds—these were the usual steps to take by enterprising
Romans toward power, wealth, and enjoyment. But it will be
observed, in this sequence of circumstances, the robbery of the
province was essential to success. This was sometimes done after so
magnificent a fashion as to <span class='pagenum'><a name=
"Page_100" id="Page_100">100</a></span>have become an immortal
fact in history. The instance of Verres will be narrated in the
next chapter but one. Something of moderation was more general, so
that the fleeced provincial might still live, and prefer sufferance
to the doubtful chances of recovery. A Proconsul might rob a
great deal, and still return with hands apparently clean, bringing
with him a score of provincial Deputies to laud his goodness before
the citizens at home. But Cicero robbed not at all. Even they who
have been most hard upon his name, accusing him of insincerity and
sometimes of want of patriotism, because his Roman mode of
declaring himself without reserve in his letters has been
perpetuated for us by the excellence of their language, even they
have acknowledged that he kept his hands studiously clean in the
service of his country, when to have clean hands was so peculiar as
to be regarded as absurd.</p>
<p>There were other means in which a noble Roman might make money,
and might do so without leaving the city. An orator might be paid
for his services as an advocate. Cicero, had such a trade been
opened to him, might have made almost any sum to which his
imagination could have stretched itself. Such a trade was carried
on to a very great extent. It was illegal, such payment having been
forbidden by the "Lex Cincia De Muneribus," passed more than a
century before Cicero began his pleadings.<a name="FNanchor_78_78"
id="FNanchor_78_78"></a><a href="#Footnote_78_78" class=
"fnanchor">78</a> But the law had become a dead letter in the
majority of cases. There can be no doubt that Hortensius, the
predecessor and great rival of Cicero, took presents, if not
absolute payment. Indeed, the myth of honorary work, which is in
itself absurd, was no more practicable in Rome than it has been
found to be in England, where every barrister is theoretically
presumed to work for nothing. That the "Lex Cincia," as far as the
payment of advocates went, was absurd, may be allowed by us all.
Services for which no regular payment <span class='pagenum'><a
name="Page_101" id="Page_101">101</a></span>can be exacted
will always cost more than those which have a defined price. But
Cicero would not break the law. It has been hinted rather than
stated that he, like other orators of the day, had his price. He
himself tells us that he took nothing; and no instance has been
adduced that he had ever done so. He is free enough in accusing
Hortensius of having accepted a beautiful statuette, an ivory
sphinx of great value. What he knew of Hortensius, Hortensius would
have known of him, had it been there to know; and what Hortensius
or others had heard would certainly have been told. As far as we
can learn, there is no ground for accusing Cicero of taking fees or
presents beyond the probability that he would do so. I think we are
justified in believing that he did not do so, because those who
watched his conduct closely found no opportunity of exposing him.
That he was paid by different allied States for undertaking their
protection in the Senate, is probable, such having been a custom
not illegal. We know that he was specially charged with the affairs
of Dyrrachium, and had probably amicable relations with other
allied communities. This, however, must have been later in life,
when his name was sufficiently high to insure the value of his
services, and when he was a Senator.</p>
<p>Noble Romans also—noble as they were, and infinitely
superior to the little cares of trade—were accustomed to
traffic very largely in usury. We shall have a terrible example of
such baseness on the part of Brutus—that Brutus whom we have
been taught to regard as almost on a par with Cato in purity. To
lend money to citizens, or more profitably to allied States and
cities, at enormous rates of interest, was the ordinary resource of
a Roman nobleman in quest of revenue. The allied city, when
absolutely eaten to the bone by one noble Roman, who had plundered
it as Proconsul or Governor, would escape from its immediate
embarrassment by borrowing money from another noble Roman, who
would then grind its very bones in exacting his interest and his
principal. Cicero, in the <span class='pagenum'><a name="Page_102"
id="Page_102">102</a></span>most perfect of his
works—the treatise De Officiis, an essay in which he
instructs his son as to the way in which a man should endeavor to
live so as to be a gentleman—inveighs both against trade and
usury. When he tells us that they are to be accounted mean who buy
in order that they may sell, we, with our later lights, do not
quite agree with him, although he founds his assertion on an idea
which is too often supported by the world's practice, namely, that
men cannot do a retail business profitably without lying.<a name=
"FNanchor_79_79" id="FNanchor_79_79"></a><a href="#Footnote_79_79"
class="fnanchor">79</a> The doctrine, however, has always been
common that retail trade is not compatible with noble bearing, and
was practised by all Romans who aspired to be considered among the
upper classes. That other and certainly baser means of making money
by usury was, however, only too common. Crassus, the noted rich man
of Rome in Cæsar's day, who was one of the first Triumvirate,
and who perished ignominiously in Parthia, was known to have
gathered much of his wealth by such means. But against this Cicero
is as staunchly severe as against shopkeeping. "First of all," he
says, "these profits are despicable which incur the hatred of men,
such as those of gatherers of custom and lenders of money on
usury."<a name="FNanchor_80_80" id="FNanchor_80_80"></a><a href=
"#Footnote_80_80" class="fnanchor">80</a></p>
<p>Again, we are entitled to say that Cicero did not condescend to
enrich himself by the means which he himself condemns, because, had
he done so, the accusations made against him by his contemporaries
would have reached our ears. Nor is it probable that a man in
addressing his son as to rules of life would have spoken against a
method of gathering riches which, <span class='pagenum'><a name=
"Page_103" id="Page_103">103</a></span>had he practised it
himself, must have been known to his son. His rules were severe as
compared with the habits of the time. His dear friend Atticus did
not so govern his conduct, or Brutus, who, when he wrote the De
Officiis, was only less dear to him than Atticus. But Cicero
himself seems to have done so faithfully. We learn from his letter
that he owned house-property in Rome to a considerable extent,
having probably thus invested his own money or that of his wife. He
inherited also the family house at Arpinum. He makes it a matter
for boasting that he had received in the course of his life by
legacies nearly £200,000 (twenty million sesterces), in
itself a source of great income, and one common with Romans of high
position.<a name="FNanchor_81_81" id="FNanchor_81_81"></a><a href=
"#Footnote_81_81" class="fnanchor">81</a> Of the extent of his
income it is impossible to speak, or even make a guess. But we do
know that he lived always as a rich man—as one who regards
such a condition of life as essentially proper to him; and that
though he was often in debt, as was customary with noble Romans, he
could always write about his debts in a vein of pleasantry, showing
that they were not a heavy burden to him; and we know that he could
at all times command for himself villas, books, statues, ornaments,
columns, galleries, charming shades, and all the delicious
appendages of mingled wealth and intelligence. He was as might be
some English marquis, who, though up to his eyes in mortgages, is
quite sure that he will never want any of the luxuries befitting a
marquis. Though we have no authority to tell us how his condition
of life became what it was, it is necessary that we should
understand that condition if we are to get a clear insight into his
life. Of that condition we have ample evidence. He commenced his
career as a youth upon whose behalf nothing was spared, and when he
settled himself in Rome, with the purport of winning for himself
the highest honors of the Republic, he did so with the means of
living like a nobleman.</p>
<p><span class='pagenum'><a name="Page_104" id="Page_104">
104</a></span>But the point on which it is most necessary to
insist is this: that while so many—I may almost say all
around him in his own order—were unscrupulous as to their
means of getting money, he kept his hands clean. The practice then
was much as it is now. A gentleman in our days is supposed to have
his hands clean; but there has got abroad among us a feeling that,
only let a man rise high enough, soil will not stick to him. To rob
is base; but if you rob enough, robbery will become heroism, or, at
any rate, magnificence. With Cæsar his debts have been
accounted happy audacity; his pillage of Gaul and Spain, and of
Rome also, have indicated only the success of the great General;
his cruelty, which in cold-blooded efficiency has equalled if not
exceeded the blood-thirstiness of any other tyrant, has been called
clemency.<a name="FNanchor_82_82" id="FNanchor_82_82"></a><a href=
"#Footnote_82_82" class="fnanchor">82</a> I do not mean to draw a
parallel between Cæsar and Cicero. No two men could have been
more different in their natures or in their career. But the one has
been lauded because he was unscrupulous, and the other has incurred
reproach because, at every turn and twist in his life, scruples
dominated him. I do not say that he always did what he thought to
be right. A man who doubts much can never do that. The thing that
was right to him in the thinking became wrong to him in the doing.
That from which he has shrunk as evil when it was within his grasp,
takes the color of good when it has been beyond his reach. Cicero
had not the stuff in him to rule the Rome and the Romans of his
period; but he was a man whose hands were free from all stain,
either of blood or money; and for so much let him, at any rate,
have the credit.</p>
<p>Between the return of Cicero to Rome in 77 <span class=
"smcap">b.c.</span> and his election as Quæstor in 75, in which
period he married Terentia, <span class='pagenum'><a name=
"Page_105" id="Page_105">105</a></span>he made various
speeches in different causes, of which only one remains to us, or
rather, a small part of one. This is notable as having been spoken
in behalf of that Roscius, the great comic actor, whose name has
become familiar to us on account of his excellence, almost as have
those of Garrick, of Siddons, and of Talma. It was a pleading as to
the value of a slave, and the amount of pecuniary responsibility
attaching to Roscius on account of the slave, who had been murdered
when in his charge. As to the murder, no question is made. The
slave was valuable, and the injury done to his master was a matter
of importance. He, having been a slave, could have no stronger a
claim for an injury done to himself than would a dog or a horse.
The slave, whose name was Panurge—a name which has since been
made famous as having been borrowed by Rabelais, probably from this
occurrence, and given to his demon of mischief—showed
aptitude for acting, and was therefore valuable. Then one Flavius
killed him; why or how we do not know; and, having killed him,
settled with Roscius for the injury by giving him a small farm. But
Roscius had only borrowed or hired the man from one
Chærea—or was in partnership with Chærea as to the
man—and on that account paid something out of the value of
the farm for the loss incurred; but the owner was not satisfied,
and after a lapse of time made a further claim. Hence arose the
action, in pleading which Cicero was successful. In the fragment we
have of the speech there is nothing remarkable except the studied
clearness of the language; but it reminds us of the opinion which
Cicero had expressed of this actor in the oration which he made for
Publius Quintius, who was the brother-in-law of Roscius. "He is
such an actor," says Cicero, "that there is none other on the stage
worthy to be seen; and such a man that among men he is the last
that should have become an actor."<a name="FNanchor_83_83" id=
"FNanchor_83_83"></a><a href="#Footnote_83_83" class=
"fnanchor">83</a> The orator's praise of the actor is not of much
importance. Had not Roscius <span class='pagenum'><a name=
"Page_106" id="Page_106">106</a></span>been great in his
profession, his name would not have come down to later ages. Nor is
it now matter of great interest that the actor should have been
highly praised as a man by his advocate; but it is something for us
to know that the stage was generally held in such low repute as to
make it seem to be a pity that a good man should have taken himself
to such a calling.</p>
<p>In the year 76 <span class="smcap">b.c.</span> Cicero became
father of a daughter, whom we shall know as Tullia—who, as
she grew up, became the one person whom he loved best in all the
world—and was elected Quæstor. Cicero tells us of himself
that in the preceding year he had solicited the Quæstorship, when
Cotta was candidate for the Consulship and Hortensius for the
Prætorship. There are in the dialogue De Claris
Oratoribus—which has had the name of Brutus always given to
it—some passages in which the orator tells us more of himself
than in any other of his works. I will annex a translation of a
small portion because of its intrinsic interest; but I will
relegate it to an appendix, because it is too long either for
insertion in the text or for a note.<a name="FNanchor_84_84" id=
"FNanchor_84_84"></a><a href="#Footnote_84_84" class=
"fnanchor">84</a></p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_107" id="Page_107">
107</a></span></p>
<h3><a name="CHAPTER_V" id="CHAPTER_V"></a><span class="smcap">Chapter V.</span></h3>
<h4><i>CICERO AS QUÆSTOR.</i></h4>
<p>Cicero was elected Quæstor in his thirtieth year, <span class=
"smcap">b.c.</span> 76. He was then nearly thirty-one. His
predecessors and rivals at the bar, Cotta and Hortensius, were
elected Consul and Prætor, respectively, in the same year. To
become Quæstor at the earliest age allowed by the law (at
thirty-one, namely) was the ambition of the Roman advocate who
purposed to make his fortune by serving the State. To act as
Quæstor in his thirty-second year, Ædile in his thirty-seventh,
Prætor in his forty-first, and Consul in his forty-fourth year,
was to achieve, in the earliest succession allowed by law, all the
great offices of trust, power, and future emolument. The great
reward of proconsular rapine did not generally come till after the
last step, though there were notable instances in which a
Proprætor with proconsular authority could make a large fortune,
as we shall learn when we come to deal with Verres, and though
Ædiles, and even Quæstors, could find pickings. It was therefore
a great thing for a man to begin as early as the law would permit,
and to lose as few years as possible in reaching the summit. Cicero
lost none. As he himself tells us in the passage to which I have
referred in the last chapter, and which is to be found in the
Appendix, he gained the good-will of men—that is, of free
Romans who had the suffrage, and who could therefore vote either
for him or against him—by the assiduity of his attention to
the cases which he undertook, and by a certain <span class=
'pagenum'><a name="Page_108" id="Page_108">
108</a></span>brilliancy of speech which was new to them.<a name=
"FNanchor_85_85" id="FNanchor_85_85"></a><a href="#Footnote_85_85"
class="fnanchor">85</a> Putting his hand strenuously to the
plough, allowing himself to be diverted by none of those luxuries
to which Romans of his day were so wont to give way, he earned his
purpose by a resolution to do his very best. He was "Novus
Homo"—a man, that is, belonging to a family of which no
member had as yet filled high office in the State. Against such
there was a strong prejudice with the aristocracy, who did not like
to see the good things of the Republic dispersed among an increased
number of hands. The power of voting was common to all Roman male
citizens; but the power of influencing the electors had passed very
much into the hands of the rich. The admiration which Cicero had
determined to elicit would not go very far, unless it could be
produced in a very high degree. A Verres could get himself made
Prætor; a Lepidus some years since could receive the Consulship;
or now an Antony, or almost a Catiline. The candidate would borrow
money on the security of his own audacity, and would thus
succeed—perhaps with some minor gifts of eloquence, if he
could achieve them. With all this, the borrowing and the spending
of money, that is, with direct bribery, Cicero would have nothing
to do; but of the art of canvassing—that art by which he
could at the moment make himself beloved by the citizens who had a
vote to give—he was a profound master.</p>
<p>There is a short treatise, De Petitione Consulatus, on
canvassing for the Consulship, of which mention may be made here,
because all the tricks of the trade were as essential to him, when
looking to be Quæstor, as when he afterward desired to be Consul,
and because the political doings of his life will hurry us on too
quickly in the days of his Consulship to admit of our referring to
these lessons. This little piece, of which we have only a fragment,
is supposed to have been addressed <span class='pagenum'><a name=
"Page_109" id="Page_109">109</a></span>to Cicero by his
brother Quintus, giving fraternal advice as to the then coming
great occasion. The critics say that it was retouched by the orator
himself. The reader who has studied Cicero's style will think that
the retouching went to a great extent, or that the two brothers
were very like each other in their power of expression.</p>
<p>The first piece of advice was no doubt always in Cicero's mind,
not only when he looked for office, but whenever he addressed a
meeting of his fellow-citizens. "Bethink yourself what is this
Republic; what it is you seek to be in it, and who you are that
seek it. As you go down daily to the Forum, turn the answer to this
in your mind: 'Novus sum; consulatum peto; Roma est'—'I am a
man of an untried family. It is the Consulship that I seek. It is
Rome in which I seek it.'" Though the condition of Rome was bad,
still to him the Republic was the greatest thing in the world, and
to be Consul in that Republic the highest honor which the world
could give.</p>
<p>There is nobility in that, but there is very much that is
ignoble in the means of canvassing which are advocated. I cannot
say that they are as yet too ignoble for our modern use here in
England, but they are too ignoble to be acknowledged by our
candidates themselves, or by their brothers on their behalf.
Cicero, not having progressed far enough in modern civilization to
have studied the beauty of truth, is held to be false and
hypocritical. We who know so much more than he did, and have the
doctrine of truth at our fingers' ends, are wise enough to declare
nothing of our own shortcomings, but to attribute such malpractices
only to others. "It is a good thing to be thought worthy of the
rank we seek by those who are in possession of it." Make yourself
out to be an aristocrat, he means. "Canvass them, and cotton to
them. Make them believe that in matters of politics you have always
been with the aristocracy, never with the mob;" that if "you have
at all spoken a word in public to tickle the people, you have done
so for the sake of gaining Pompey." As to this, it is necessary
<span class='pagenum'><a name="Page_110" id="Page_110">
110</a></span>to understand Pompey's peculiar popularity at the
moment, both with the Liberals and with the Conservatives. "Above
all, see that you have with you the 'jeunesse dorée.' They
carry so much! There are many with you already. Take care that they
shall know how much you think of them."</p>
<p>He is especially desired to make known to the public the
iniquities of Catiline, his opponent, as to whom Quintus says that,
though he has lately been acquitted in regard to his speculations
in Africa, he has had to bribe the judges so highly that he is now
as poor as they were before they got their plunder. At every word
we read we are tempted to agree with Mommsen that on the Roman
oligarchy of the period no judgment can be passed save one, "of
inexorable condemnation."<a name="FNanchor_86_86" id=
"FNanchor_86_86"></a><a href="#Footnote_86_86" class=
"fnanchor">86</a></p>
<p>"Remember," says Quintus, "that your candidature is very strong
in that kind of friendship which has been created by your
pleadings. Take care that each of those friends shall know what
special business is allotted to him on the occasion; and as you
have not troubled any of them yet, make them understand that you
have reserved for the present moment the payment of their debts."
This is all very well; but the next direction mingles so much of
business with its truth, that no one but Machiavelli or Quintus
Cicero could have expressed it in words. "Men," says Quintus, "are
induced to struggle for us in these canvassings by three
motives—by memory of kindness done, by the hope of kindness
to come, and by community of political conviction. You must see how
you are to catch each of these. Small favors will induce a man to
canvass for you; and they who owe their safety to your pleadings,
for there are many such, are aware that if they do not stand by you
now they will be regarded by all the world as sorry fellows.
<span class='pagenum'><a name="Page_111" id="Page_111">111</a></span>
Nevertheless, they should be made to feel that, as they are
indebted to you, you will be glad to have an opportunity of
becoming indebted to them. But as to those on whom you have a hold
only by hope—a class of men very much more numerous, and
likely to be very much more active—they are the men whom you
should make to understand that your assistance will be always at
their command."</p>
<p>How severe, how difficult was the work of canvassing in Rome, we
learn from these lessons. It was the very essence of a great
Roman's life that he should live in public; and to such an extent
was this carried that we wonder how such a man as Cicero found time
for the real work of his life. The Roman patron was expected to
have a levee every morning early in his own house, and was wont,
when he went down into the Forum, to be attended by a crowd of
parasites. This had become so much a matter of course that a public
man would have felt himself deserted had he been left alone either
at home or abroad. Rome was full of idlers—of men who got
their bread by the favors of the great, who lounged through their
lives—political quidnuncs, who made canvassing a
trade—men without a conviction, but who believed in the
ascendency of this or the other leader, and were ready to fawn or
to fight in the streets, as there might be need. These were the
Quirites of the day—men who were in truth fattened on the
leavings of the plunder which was extracted from the allies; for it
was the case now that a Roman was content to live on the industry
of those whom his father had conquered. They would still fight in
the legions; but the work of Rome was done by slaves, and the
wealth of Rome was robbed from the Provinces. Hence it came about
that there was a numerous class, to whom the name "assectatores"
was given, who of course became specially prominent at elections.
Quintus divides all such followers into three kinds, and gives
instructions as to the special treatment to be applied to each.
"There are those who come to pay their respects to you at your own
<span class='pagenum'><a name="Page_112" id="Page_112">112</a></span>
house"—"Salutatores" they were called; "then
those who go down with you into the Forum"—"Deductores;" "and
after these the third, the class of constant
followers"—"Assectatores," as they were specially named. "As
to the first, who are the least in consequence, and who, according
to our present ways of living, come in great numbers, you should
take care to let them know that their doing even so much as this is
much esteemed by you. Let them perceive that you note it when they
come, and say as much to their friends, who will repeat your words.
Tell themselves often if it be possible. In this way men, when
there are many candidates, will observe that there is one who has
his eyes open to these courtesies, and they will give themselves
heart and soul to him, neglecting all others. And mind you, when
you find that a man does but pretend, do not let him perceive that
you have perceived it. Should any one wish to excuse himself,
thinking that he is suspected of indifference, swear that you have
never doubted him, nor had occasion to doubt.</p>
<p>"As to the work of the 'Deductores,' who go out with
you—as it is much more severe than that of those who merely
come to pay their compliments, let them understand that you feel it
to be so, and, as far as possible, be ready to go into town with
them at fixed hours." Quintus here means that the "Deductores" are
not to be kept waiting for the patron longer than can be helped.
"The attendance of a daily crowd in taking you down to the Forum
gives a great show of character and dignity.</p>
<p>"Then come the band of followers which accompanies you
diligently wherever you go. As to those who do this without special
obligation, take care that they should know how much you think of
them. From those who owe it to you as a duty, exact it rigorously.
See that they who can come themselves do come themselves, and that
they who cannot, send others in their places." What an idea does
this give as to the labor of a candidate in Rome! I can imagine it
to be worse even than <span class='pagenum'><a name="Page_113" id=
"Page_113">113</a></span>the canvassing of an English borough,
which to a man of spirit and honor is the most degrading of all
existing employments not held to be absolutely disgraceful.</p>
<p>Quintus then goes on from the special management of friends to
the general work of canvassing. "It requires the remembering of
men's names"—"nomenclationem," a happy word we do not
possess—"flattery, diligence, sweetness of temper, good
report, and a high standing in the Republic. Let it be seen that
you have been at the trouble to remember people, and practise
yourself to it so that the power may increase with you. There is
nothing so alluring to the citizen as that. If there be a softness
which you have not by nature, so affect it that it shall seem to be
your own naturally. You have indeed a way with you which is not
unbecoming to a good-natured man; but you must caress
men—which is in truth vile and sordid at other times, but is
absolutely necessary at elections. It is no doubt a mean thing to
flatter some low fellow, but when it is necessary to make a friend
it can be pardoned. A candidate must do it, whose face and look and
tongue should be made to suit those he has to meet. What
perseverance means I need not tell you. The word itself explains
itself. As a matter of course, you shall not leave the city; but it
is not enough for you to stick to your work in Rome and in the
Forum. You must seek out the voters and canvass them separately;
and take care that no one shall ask from another what it is that
you want from him. Let it have been solicited by yourself, and
often solicited." Quintus seems to have understood the business
well, and the elder brother no doubt profited by the younger
brother's care.</p>
<p>It was so they did it at Rome. That men should have gone through
all this in search of plunder and wealth does not strike us as
being marvellous, or even out of place. A vile object justifies
vile means. But there were some at Rome who had it in their hearts
really to serve their country, and with whom it was at the same
time a matter of conscience that, in serving <span class=
'pagenum'><a name="Page_114" id="Page_114">114</a></span>their
country, they would not dishonestly or dishonorably enrich
themselves. There was still a grain of salt left. But even this
could not make itself available for useful purpose without having
recourse to tricks such as these!</p>
<div class="sidenote"><span class="smcap">b.c.</span> 75,
ætat 32.</div>
<p>In his proper year Cicero became Quæstor, and had assigned to
him by lot the duty of looking after the Western Division of
Sicily. For Sicily, though but one province as regarded general
condition, being under one governor with proconsular authority,
retained separate modes of government, or, rather, varied forms of
subjection to Rome, especially in matters of taxation, according as
it had or had not been conquered from the Carthaginians.<a name=
"FNanchor_87_87" id="FNanchor_87_87"></a><a href="#Footnote_87_87"
class="fnanchor">87</a> Cicero was quartered at Lilybæum, on the
west, whereas the other Quæstor was placed at Syracuse, in the
east. There were at that time twenty Quæstors elected annually,
some of whom remained in Rome; but most of the number were
stationed about the Empire, there being always one as assistant to
each Proconsul. When a Consul took the field with an army, he
always had a Quæstor with him. This had become the case so
generally that the Quæstor became, as it were, something between a
private secretary and a senior lieutenant to a governor. The
arrangement came to have a certain sanctity attached to it, as
though there was something in the connection warmer and closer than
that of mere official life; so that a Quæstor has been called a
Proconsul's son for the time, and was supposed to feel that
reverence and attachment that a son entertains for his father.</p>
<p>But to Cicero, and to young Quæstors in general, the great
attraction of the office consisted in the fact that the aspirant
<span class='pagenum'><a name="Page_115" id="Page_115">
115</a></span>having once become a Quæstor was a Senator for the
rest of his life, unless he should be degraded by misconduct.
Gradually it had come to pass that the Senate was replenished by
the votes of the people, not directly, but by the admission into
the Senate of the popularly elected magistrates. There were in the
time of Cicero between 500 and 600 members of this body. The
numbers down to the time of Sulla had been increased or made up by
direct selection by the old Kings, or by the Censors, or by some
Dictator, such as was Sulla; and the same thing was done afterward
by Julius Cæsar. The years between Sulla's Dictatorship and
that of Cæsar were but thirty—from 79 to 49 <span
class="smcap">b.c.</span> These, however, were the years in which
Cicero dreamed that the Republic could be re-established by means
of an honest Senate, which Senate was then to be kept alive by the
constant infusion of new blood, accruing to it from the entrance of
magistrates who had been chosen by the people. Tacitus tells us
that it was with this object that Sulla had increased the number of
Quæstors.<a name="FNanchor_88_88" id="FNanchor_88_88"></a><a href=
"#Footnote_88_88" class="fnanchor">88</a>Cicero's hopes—his
futile hopes of what an honest Senate might be made to
do—still ran high, although at the very time in which he was
elected Quæstor he was aware that the judges, then elected from
the Senate, were so corrupt that their judgment could not be
trusted. Of this popular mode of filling the Senate he speaks
afterward in his treatise De Legibus. "From those who have acted as
magistrates the Senate is composed—a measure altogether in
the popular interest, as no one can now reach the highest
rank"—namely, the Senate—"except by the votes of the
people, all power of selecting having been taken away from the
Censors."<a name="FNanchor_89_89" id="FNanchor_89_89"></a><a href=
"#Footnote_89_89" class="fnanchor">89</a> In his pleadings for P.
Sextus he makes the same boast as to old times, not with absolute
accuracy, as far as we can understand the old constitution, but
with the same <span class='pagenum'><a name="Page_116" id=
"Page_116">116</a></span>passionate ardor as to the body.
"Romans, when they could no longer endure the rule of kings,
created annual magistrates, but after such fashion that the Council
of the Senate was set over the Republic for its guidance. Senators
were chosen for that work by the entire people, and the entrance to
that order was opened to the virtue and to the industry of the
citizens at large."<a name="FNanchor_90_90" id=
"FNanchor_90_90"></a><a href="#Footnote_90_90" class=
"fnanchor">90</a> When defending Cluentius, he expatiates on the
glorious privileges of the Roman Senate. "Its high place, its
authority, its splendor at home, its name and fame abroad, the
purple robe, the ivory chair, the appanage of office, the fasces,
the army with its command, the government of the provinces!"<a
name="FNanchor_91_91" id="FNanchor_91_91"></a><a href=
"#Footnote_91_91" class="fnanchor">91</a> On that splendor "apud
exteras gentes," he expatiates in one of his attacks upon Verres.<a
name="FNanchor_92_92" id="FNanchor_92_92"></a><a href=
"#Footnote_92_92" class="fnanchor">92</a> From all this will be
seen Cicero's idea of the chamber into which he had made his way as
soon as he had been chosen Quæstor.</p>
<p>In this matter, which was the pivot on which his whole life
turned—the character, namely, of the Roman Senate—it
cannot but be observed that he was wont to blow both hot and cold.
It was his nature to do so, not from any aptitude for deceit, but
because he was sanguine and vacillating—because he now
aspired and now despaired. He blew hot and cold in regard to the
Senate, because at times he would feel it to be what it
was—composed, for the most part, of men who were time-serving
and corrupt, willing to sell themselves for a price to any buyer;
and then, again, at times he would think of the Senate as endowed
with all those privileges which he names, and would dream that
under his influence it would become what it should be—such a
Senate as he believed it to have been in its old palmy days. His
praise of the Senate, his description of what it should be and
might be, I have given. <span class='pagenum'><a name="Page_117"
id="Page_117">117</a></span>To the other side of the picture
we shall come soon, when I shall have to show how, at the trial of
Verres, he declared before the judges themselves how terrible had
been the corruption of the judgment-seat in Rome since, by Sulla's
enactment, it had been occupied only by the Senators. One passage I
will give now, in order that the reader may see by the
juxtaposition of the words that he could denounce the Senate as
loudly as he would vaunt its privileges. In the column on the left
hand in the note I quote the words with which, in the first
pleading against Verres, he declared "that every base and
iniquitous thing done on the judgment-seat during the ten years
since the power of judging had been transferred to the Senate
should be not only denounced by him, but also proved;" and in that
on the right I will repeat the noble phrases which he afterward
used in the speech for Cluentius when he chose to speak well of the
order.<a name="FNanchor_93_93" id="FNanchor_93_93"></a><a href=
"#Footnote_93_93" class="fnanchor">93</a></p>
<p>It was on the Senate that they who wished well for Rome must
depend—on the Senate, chosen, refreshed, and replenished from
among the people; on a body which should be at the same time august
and popular—as far removed on the one side from the tyranny
of individuals as on the other from the violence of the mob; but on
a Senate freed from its corruption and dirt, on a body of noble
Romans, fitted by their individual character and high rank to rule
and to control their fellow-citizens. This was Cicero's idea, and
this the state of things which he endeavored to achieve. No doubt
he dreamed that his own eloquence and his own example might do more
in producing this than is given to men to achieve by such <span
class='pagenum'><a name="Page_118" id="Page_118">
118</a></span>means. No doubt there was conceit in
this—conceit and perhaps, vanity. It has to be admitted that
Cicero always exaggerated his own powers. But the ambition was
great, the purpose noble, and the course of his whole life was such
as to bring no disgrace on his aspirations. He did not thunder
against the judges for taking bribes, and then plunder a province
himself. He did not speak grandly of the duty of a patron to his
clients, and then open his hands to illicit payments. He did not
call upon the Senate for high duty, and then devote himself to
luxury and pleasure. He had a <i>beau ideal</i> of the manner in
which a Roman Senator should live and work, and he endeavored to
work and live up to that ideal. There was no period after his
Consulship in which he was not aware of his own failure.
Nevertheless, with constant labor, but with intermittent struggles,
he went on, till, at the end, in the last fiery year of his
existence, he taught himself again to think that even yet there was
a chance. How he struggled, and in struggling perished, we shall
see by-and-by.</p>
<p>What Cicero did as Quæstor in Sicily we have no means of
knowing. His correspondence does not go back so far. That he was
very active, and active for good, we have two testimonies, one of
which is serious, convincing, and most important as an episode in
his life. The other consists simply of a good story, told by
himself of himself; not intended at all for his own glorification,
but still carrying with it a certain weight. As to the first:
Cicero was Quæstor in Lilybæum in the thirty-second year of his
life. In the thirty-seventh year he was elected Ædile, and was
then called upon by the Sicilians to attack Verres on their behalf.
Verres was said to have carried off from Sicily plunder to the
amount of nearly £400,000,<a name="FNanchor_94_94" id=
"FNanchor_94_94"></a><a href="#Footnote_94_94" class=
"fnanchor">94</a> <span class='pagenum'><a name="Page_119" id=
"Page_119">119</a></span>after a misrule of three years'
duration. All Sicily was ruined. Beyond its pecuniary losses, its
sufferings had been excruciating; but not till the end had come of
a Governor's proconsular authority could the almost hopeless chance
of a criminal accusation against the tyrant be attempted. The
tyrant would certainly have many friends in Rome. The injured
provincials would probably have none of great mark. A man because
he had been Quæstor was not, necessarily, one having influence,
unless he belonged to some great family. This was not the case with
Cicero. But he had made for himself such a character during his
year of office that the Sicilians declared that, if they could
trust themselves to any man at Rome, it would be to their former
Quæstor. It had been a part of his duty to see that the proper
supply of corn was collected in the island and sent to Rome. A
great portion of the bread eaten in Rome was grown in Sicily, and
much of it was supplied in the shape of a tax. It was the hateful
practice of Rome to extract the means of living from her colonies,
so as to spare her own laborers. To this, hard as it was, the
Sicilians were well used. They knew the amount required of them by
law, and were glad enough when they could be quit in payment of the
dues which the law required; but they were seldom blessed by such
moderation on the part of their rulers. To what extent this special
tax could be stretched we shall see when we come to the details of
the trial of Verres. It is no doubt only from Cicero's own words
that we learn that, though he sent to Rome plenteous supplies, he
was just to the dealer, liberal to the pawns, and forbearing to the
allies generally; and that when he took his departure they paid him
honors hitherto unheard of.<a name="FNanchor_95_95" id=
"FNanchor_95_95"></a><a href="#Footnote_95_95" class=
"fnanchor">95</a> But I think we may take it for granted that
this statement is true; firstly, because it has never been
contradicted; and then from the fact that the Sicilians all came to
him in the day of their distress.</p>
<p><span class='pagenum'><a name="Page_120" id="Page_120">
120</a></span>As to the little story to which I have alluded, it
has been told so often since Cicero told it himself, that I am
almost ashamed to repeat it. It is, however, too emblematic of the
man, gives us too close an insight both into his determination to
do his duty and to his pride—conceit, if you will—at
having done it, to be omitted. In his speech for Plancius<a name=
"FNanchor_96_96" id="FNanchor_96_96"></a><a href="#Footnote_96_96"
class="fnanchor">96</a> he tells us that by chance, coming direct
from Sicily after his Quæstorship, he found himself at Puteoli
just at the season when the fashion from Rome betook itself to that
delightful resort. He was full of what he had done—how he had
supplied Rome with corn, but had done so without injury to the
Sicilians, how honestly he had dealt with the merchants, and had in
truth won golden opinions on all sides—so much so that he
thought that when he reached the city the citizens in a mob would
be ready to receive him. Then at Puteoli he met two acquaintances.
"Ah," says one to him, "when did you leave Rome? What news have you
brought?" Cicero, drawing his head up, as we can see him, replied
that he had just returned from his province. "Of course, just back
from Africa," said the other. "Not so," said Cicero, bridling in
anger—"stomachans fastidiose," as he describes it
himself—"but from Sicily." Then the other lounger, a fellow
who pretended to know everything, put in his word. "Do you not know
that our Cicero has been Quæstor at Syracuse?" The reader will
remember that he had been Quæstor in the other division of the
island, at Lilybæum. "There was no use in thinking any more about
it," says Cicero. "I gave up being angry and determined to be like
any one else, just one at the waters." Yes, he had been very
conceited, and well understood his own fault of character in that
respect; but he would not have shown his conceit in that matter had
he not resolved to do his duty in a manner uncommon then among
Quæstors, and been conscious that he had done it.</p>
<p><span class='pagenum'><a name="Page_121" id="Page_121">
121</a></span>Perhaps there is no more certain way of judging a
man than from his own words, if his real words be in our
possession. In doing so, we are bound to remember how strong will
be the bias of every man's mind in his own favor, and for that
reason a judicious reader will discount a man's praise of himself.
But the reader, to get at the truth, if he be indeed judicious,
will discount them after a fashion conformable with the nature of
the man whose character he is investigating. A reader will not be
judicious who imagines that what a man says of his own praises must
be false, or that all which can be drawn from his own words in his
own dispraise must be true. If a man praise himself for honor,
probity, industry, and patriotism, he will at any rate show that
these virtues are dear to him, unless the course of his life has
proved him to be altogether a hypocrite in such utterances. It has
not been presumed that Cicero was a hypocrite in these utterances.
He was honest and industrious; he did appreciate honor and love his
country. So much is acknowledged; and yet it is supposed that what
good he has told us of himself is false. If a man doubt of himself
constantly; if in his most private intercourse and closest familiar
utterances he admit occasionally his own human weakness; if he find
himself to have failed at certain moments, and says so, the very
feelings that have produced such confessions are proof that the
highest points which have not been attained have been seen and
valued. A man will not sorrowfully regret that he has won only a
second place, or a third, unless he be alive to the glory of the
first. But Cicero's acknowledgments have all been taken as proof
against himself. All manner of evil is argued against him from his
own words, when an ill meaning can be attached to them; but when he
speaks of his great aspirations, he is ridiculed for bombast and
vanity. On the strength of some perhaps unconsidered expression, in
a letter to Atticus, he is condemned for treachery, whereas the
sentences in which he has thoughtfully declared the purposes of his
very soul are counted as clap-traps.</p>
<p><span class='pagenum'><a name="Page_122" id="Page_122">
122</a></span>No one has been so frequently condemned out of his
mouth as Cicero, and naturally. In these modern days we have
contemporary records as to prominent persons. Of the characters of
those who lived in long-past ages we generally fail to have any
clear idea, because we lack those close chronicles which are
necessary for the purpose. What insight have we into the
personality of Alexander the Great, or what insight had Plutarch,
who wrote about him? As to Samuel Johnson, we seem to know every
turn of his mind, having had a Boswell. Alexander had no Boswell.
But here is a man belonging to those past ages of which I speak who
was his own Boswell, and after such a fashion that, since letters
were invented, no records have ever been written in language more
clear or more attractive. It is natural that we should judge out of
his own mouth one who left so many more words behind him than did
any one else, particularly one who left words so pleasant to read.
And all that he wrote was after some fashion about himself. His
letters, like all letters, are personal to himself. His speeches
are words coming out of his own mouth about affairs in which he was
personally engaged and interested. His rhetoric consists of lessons
given by himself about his own art, founded on his own experience,
and on his own observation of others. His so-called philosophy
gives us the workings of his own mind. No one has ever told the
world so much about another person as Cicero has told the world
about Cicero. Boswell pales before him as a chronicler of minutiæ.
It may be a matter of small interest now to the bulk of readers to
be intimately acquainted with a Roman who was never one of the
world's conquerors. It may be well for those who desire to know
simply the facts of the world's history, to dismiss as unnecessary
the aspirations of one who lived so long ago. But if it be worth
while to discuss the man's character, it must be worth while to
learn the truth about it.</p>
<p>"Oh that mine adversary had written a book!" Who does <span
class='pagenum'><a name="Page_123" id="Page_123">
123</a></span>not understand the truth of these words! It is
always out of a man's mouth that you may most surely condemn him.
Cicero wrote many books, and all about himself. He has been honored
very highly. Middleton, in the preface to his own biography, which,
with all its charms, has become a bye-word for eulogy quotes the
opinion of Erasmus, who tells us that he loves the writings of the
man "not only for the divine felicity of his style, but for the
sanctity of his heart and morals." This was the effect left on the
mind of an accurate thinker and most just man. But then also has
Cicero been spoken of with the bitterest scorn. From Dio Cassius,
who wrote two hundred and twenty years after Christ, down to Mr.
Froude, whose Cæsar has just been published, he has had such
hard things said of him by men who have judged him out of his own
mouth, that the reader does not know how to reconcile what he now
reads with the opinion of men of letters who lived and wrote in the
century next after his death—with the testimony of such a man
as Erasmus, and with the hearty praises of his biographer,
Middleton. The sanctity of his heart and morals! It was thus that
Erasmus was struck in reading his works. It is a feeling of that
kind, I profess, that has induced me to take this work in
hand—a feeling produced altogether by the study of his own
words. It has seemed to be that he has loved men so well, has been
so anxious for the true, has been so capable of honesty when
dishonesty was common among all around him, has been so jealous in
the cause of good government, has been so hopeful when there has
been but little ground for hope, as to have deserved a reputation
for sanctity of heart and morals.</p>
<p>Of the speeches made by Cicero as advocate after his
Quæstorship, and before those made in the accusation of Verres, we
have the fragment only of the second of two spoken in defence of
Marcus Tullius Decula, whom we may suppose to have been distantly
connected with his family. He does not avow any relationship.
"What," he says, in opening his argument, <span class='pagenum'><a
name="Page_124" id="Page_124">124</a></span>"does it become
me, a Tullius, to do for this other Tullius, a man not only my
friend, but my namesake?" It was a matter of no great importance,
as it was addressed to judges not so called, but to
"recuperatores," judges chosen by the Prætor, and who acted in
lighter cases.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_125" id="Page_125">
125</a></span></p>
<h3><a name="CHAPTER_VI" id="CHAPTER_VI"></a><span class="smcap">Chapter VI.</span></h3>
<h4><i>VERRES.</i></h4>
<p>There are six episodes, or, as I may say, divisions in the life
of Cicero to which special interest attaches itself. The first is
the accusation against Verres, in which he drove the miscreant
howling out of the city. The second is his Consulship, in which he
drove Catiline out of the city, and caused certain other
conspirators who were joined with the arch rebel to be killed,
either legally or illegally. The third was his exile, in which he
himself was driven out of Rome. The fourth was a driving out, too,
though of a more honorable kind, when he was compelled, much
against his will, to undertake the government of a province. The
fifth was Cæsar's passing of the Rubicon, the battle of
Pharsalia, and his subsequent adherence to Cæsar. The last
was his internecine combat with Antony, which produced the
Philippics, and that memorable series of letters in which he strove
to stir into flames the expiring embers of the Republic. The
literary work with which we are acquainted is spread, but spread
very unequally, over his whole life. I have already told the story
of Sextus Roscius Amerinus, having taken it from his own words.
From that time onward he wrote continually; but the fervid stream
of his eloquence came forth from him with unrivalled rapidity in
the twenty last miserable months of his life.</p>
<p>We have now come to the first of those episodes, and I have to
tell the way in which Cicero struggled with Verres, and how he
conquered him. In 74 <span class="smcap">b.c.</span> Verres was
Prætor in Rome. At that period of the Republic there were eight
Prætors elected <span class='pagenum'><a name="Page_126" id=
"Page_126">126</a></span>annually, two of whom remained in the
city, whereas the others were employed abroad, generally with the
armies of the Empire. In the next year, 73 <span class=
"smcap">b.c.</span>, Verres went in due course to Sicily with
proconsular or proprætorial authority, having the government
assigned to him for twelve months. This was usual and
constitutional, but it was not unusual, even if unconstitutional,
that this period should be prolonged. In the case of Verres it was
prolonged, so that he should hold the office for three years. He
had gone through the other offices of the State, having been
Quæstor in Asia and Ædile afterward in Rome, to the great
misfortune of all who were subjected to his handling, as we shall
learn by-and-by. The facts are mentioned here to show that the
great offices of the Republic were open to such a man as Verres.
They were in fact more open to such a candidate than they would be
to one less iniquitous—to an honest man or a scrupulous one,
or to one partially honest, or not altogether unscrupulous. If you
send a dog into a wood to get truffles, you will endeavor to find
one that will tear up as many truffles as possible. A proconsular
robber did not rob only for himself; he robbed more or less for all
Rome. Verres boasted that with his three years of rule he could
bring enough home to bribe all the judges, secure all the best
advocates, and live in splendid opulence for the rest of his life.
What a dog he was to send into a wood for truffles!</p>
<p>To such a condition as this had Rome fallen when the deputies
from Sicily came to complain of their late governor, and to obtain
the services of Cicero in seeking for whatever reparation might be
possible. Verres had carried on his plunder during the years 73,
72, 71 <span class="smcap">b.c.</span> During this time Cicero had
been engaged sedulously as an advocate in Rome. We know the names
of some of the cases in which he was engaged—those, for
instance, for Publius Oppius, who, having been Quæstor in
Bithynia, was accused by his Proconsul of having endeavored to rob
the soldiers of their dues. We are told that the poor province
suffered greatly under these two officers, who <span class=
'pagenum'><a name="Page_127" id="Page_127">127</a></span>were
always quarrelling as to a division of their plunder. In this case
the senior officer accused the younger, and the younger, by
Cicero's aid, was acquitted. Quintilian more than once refers to
the speech made for Oppius. Cicero also defended Varenus, who was
charged with having murdered his brother, and one Caius Mustius, of
whom we only know that he was a farmer of taxes. He was advocate
also for Sthenius, a Sicilian, who was accused before the Tribunes
by Verres. We shall hear of Sthenius again among the victims in
Sicily. The special charge in this case was that, having been
condemned by Verres as Prætor in Sicily, he had run away to Rome,
which was illegal. He was, however, acquitted. Of these speeches we
have only some short fragments, which have been quoted by authors
whose works have come down to us, such as Quintilian; by which we
know, at any rate, that Cicero's writings had been so far carefully
preserved, and that they were commonly read in those days. I will
translate here the concluding words of a short paper written by M.
du Rozoir in reference to Cicero's life at this period: "The
assiduity of our orator at the bar had obtained for him a high
degree of favor among the people, because they had seen how
strictly he had observed that Cincian law which forbade advocates
to take either money or presents for then pleadings—which
law, however, the advocates of the day generally did not scruple to
neglect."<a name="FNanchor_97_97" id="FNanchor_97_97"></a><a href=
"#Footnote_97_97" class="fnanchor">97</a> It is a good thing to
be honest when honesty is in vogue; but to be honest when honesty
is out of fashion is magnificent.</p>
<p>In the affair with Verres, there are two matters to interest the
reader—indeed, to instruct the reader—if the story were
sufficiently well told. The iniquity of Verres is the
first—which is of so extravagant a nature as to become
farcical by the absurdity of the extent to which he was not afraid
to go <span class='pagenum'><a name="Page_128" id="Page_128">
128</a></span>in the furtherance of his avarice and lust. As the
victims suffered two thousand years ago, we can allow ourselves to
be amused by the inexhaustible fertility of the man's resources and
the singular iniquity of his schemes. Then we are brought face to
face with the barefaced corruption of the Roman judges—a
corruption which, however, became a regular trade, if not ennobled,
made, at any rate, aristocratic by the birth, wealth high names,
and senatorial rank of the robbers. Sulla, for certain State
purposes—which consisted in the maintenance of the
oligarchy—had transferred the privileges of sitting on the
judgment-seat from the Equites, or Knights, to the Senators. From
among the latter a considerable number—thirty, perhaps, or
forty, or even fifty—were appointed to sit with the Prætor
to hear criminal cases of importance, and by their votes, which
were recorded on tablets, the accused person was acquitted or
condemned. To be acquitted by the most profuse corruption entailed
no disgrace on him who was tried, and often but little on the
judges who tried him. In Cicero's time the practice, with all its
chances, had come to be well understood. The Provincial Governors,
with their Quæstors and lieutenants, were chosen from the high
aristocracy, which also supplied the judges. The judges themselves
had been employed, or hoped to be employed, in similar lucrative
service. The leading advocates belonged to the same class. If the
proconsular thief, when he had made his bag, would divide the spoil
with some semblance of equity among his brethren, nothing could be
more convenient. The provinces were so large, and the Greek spirit
of commercial enterprise which prevailed in them so lively, that
there was room for plunder ample, at any rate, for a generation or
two. The Republic boasted that, in its love of pure justice, it had
provided by certain laws for the protection of its allied subjects
against any possible faults of administration on the part of its
own officers. If any injury were done to a province, or a city, or
even to an individual, the province, or city, or individual could
bring its grievance to the ivory chair <span class='pagenum'><a
name="Page_129" id="Page_129">129</a></span>of the Prætor in
Rome and demand redress; and there had been cases not a few in
which a delinquent officer had been condemned to banishment. Much,
indeed, was necessary before the scheme as it was found to exist by
Verres could work itself into perfection. Verres felt that in his
time everything had been done for security as well as splendor. He
would have all the great officers of State on his side. The
Sicilians, if he could manage the case as he thought it might be
managed, would not have a leg to stand upon. There was many a trick
within his power before they could succeed in making good even
their standing before the Prætor. It was in this condition of
things that Cicero bethought himself that he might at one blow
break through the corruption of the judgment-seat, and this he
determined to do by subjecting the judges to the light of public
opinion. If Verres could be tried under a bushel, as it were, in
the dark, as many others had been tried, so that little or nothing
should be said about the trial in the city at large, then there
would be no danger for the judges. It could only be by shaming
them, by making them understand that Rome would become too hot to
hold them, that they could be brought to give a verdict against the
accused. This it was that Cicero determined to effect, and did
effect. And we see throughout the whole pleadings that he was
concerned in the matter not only for the Sicilians, or against
Verres. Could something be done for the sake of Rome, for the sake
of the Republic, to redeem the courts of justice from the obloquy
which was attached to them? Might it be possible for a man so to
address himself not only to the judgment-seat, but to all Rome, as
to do away with this iniquity once and forever? Could he so fill
the minds of the citizens generally with horror at such proceedings
as to make them earnest in demanding reform? Hortensius, the great
advocate of the day, was not only engaged on behalf of Verres, but
he was already chosen as Consul for the next year. Metellus, who
was elected Prætor for the next year, was hot in <span class=
'pagenum'><a name="Page_130" id="Page_130">
130</a></span>defence of Verres. Indeed, there were three
Metelluses among the friends of the accused, who had also on his
side the Scipio of the day. The aristocracy of Rome was altogether
on the side of Verres, as was natural. But if Cicero might succeed
at all in this which he meditated, the very greatness of his
opponents would help him. When it was known that he was to be
pitted against Hortensius as an advocate, and that he intended to
defy Hortensius as the coming Consul, then surely Rome would be
awake to the occasion; and if Rome could be made to awake herself,
then would this beautiful scheme of wealth from provincial plunder
be brought to an end.</p>
<p>I will first speak of the work of the judges, and of the
attempts made to hinder Cicero in the business he had undertaken.
Then I will endeavor to tell something of the story of Verres and
his doings. The subject divides itself naturally in this way. There
are extant seven so-called orations about Verres, of which the two
first apply to the manner in which the case should be brought
before the courts. These two were really spoken, and were so
effective that Verres—or probably Hortensius, on his
behalf—was frightened into silence. Verres pleaded guilty, as
we should say, which, in accordance with the usages of the court,
he was enabled to do by retiring and going into voluntary
banishment. This he did, sooner than stand his ground and listen to
the narration of his iniquities as it would be given by Cicero in
the full speech—the "perpetua oratio"—which would
follow the examination of the witnesses. What the orator said
before the examination of the witnesses was very short. He had to
husband his time, as it was a part of the grand scheme of
Hortensius to get adjournment after adjournment because of certain
sacred rites and games, during the celebration of which the courts
could not sit. All this was arranged for in the scheme; but Cicero,
in order that he might baffle the schemers, got through his
preliminary work as quickly as possible, saying all that he had to
say about the manner of the trial, about the judges, about the
scheme, but dilating <span class='pagenum'><a name="Page_131" id=
"Page_131">131</a></span>very little on the iniquities of the
criminal. But having thus succeeded, having gained his cause in a
great measure by the unexpected quickness of his operations, then
he told his story. Then was made that "perpetua oratio" by which we
have learned the extent to which a Roman governor could go on
desolating a people who were intrusted to his protection. This full
narration is divided into five parts, each devoted to a separate
class of iniquity. These were never spoken, though they appear in
the form of speeches. They would have been spoken, if required, in
answer to the defence made by Hortensius on behalf of Verres after
the hearing of the evidence. But the defence broke down altogether,
in the fashion thus described by Cicero himself. "In that one hour
in which I spoke"—this was the speech which we designate as
the Actio Prima contra Verrem, the first pleading made against
Verres, to which we shall come just now—"I took away all hope
of bribing the judges from the accused—from this
brazen-faced, rich, dissolute, and abandoned man. On the first day
of the trial, on the mere calling of the names of the witnesses,
the people of Rome were able to perceive that if this criminal were
absolved, then there could be no chance for the Republic. On the
second day his friends and advocates had not only lost all hope of
gaining their cause, but all relish for going on with it. The third
day so paralyzed the man himself that he had to bethink himself not
what sort of reply he could make, but how he could escape the
necessity of replying by pretending to be ill."<a name=
"FNanchor_98_98" id="FNanchor_98_98"></a><a href="#Footnote_98_98"
class="fnanchor">98</a> It was in this way that the trial was
brought to an end.</p>
<p>But we must go back to the beginning. When an accusation was to
be made against some great Roman of the day on account of illegal
public misdoings, as was to be made now against Verres, the conduct
of the case, which would require probably great labor and expense,
and would give scope for the display of oratorical excellence, was
regarded as a task in <span class='pagenum'><a name="Page_132" id=
"Page_132">132</a></span>which a young aspirant to public
favor might obtain honor and by which he might make himself known
to the people. It had, therefore, come to pass that there might be
two or more accusers anxious to undertake the work, and to show
themselves off as solicitous on behalf of injured innocence, or
desirous of laboring in the service of the Republic. When this was
the case, a court of judges was called upon to decide whether this
man or that other was most fit to perform the work in hand. Such a
trial was called "Divinatio," because the judges had to get their
lights in the matter as best they could without the assistance of
witnesses—by some process of divination—with the aid of
the gods, as it might be. Cicero's first speech in the matter of
Verres is called In Quintum Cæcilium Divinatio, because one
Cæcilius came forward to take the case away from him. Here
was a part of the scheme laid by Hortensius. To deal with Cicero in
such a matter would no doubt be awkward. His purpose, his
diligence, his skill, his eloquence, his honesty were known. There
must be a trial. So much was acknowledged; but if the conduct of it
could be relegated to a man who was dishonest, or who had no skill,
no fitness, no special desire for success, then the little scheme
could be carried through in that way. So Cæcilius was put
forward as Cicero's competitor, and our first speech is that made
by Cicero to prove his own superiority to that of his rival.</p>
<p>Whether Cæcilius was or was not hired to break down in his
assumed duty as accuser, we do not know. The biographers have
agreed to say that such was the case,<a name="FNanchor_99_99" id=
"FNanchor_99_99"></a><a href="#Footnote_99_99" class=
"fnanchor">99</a> grounding their assertion, no doubt, on extreme
probability. But I doubt whether there is any evidence as to this.
Cicero himself brings this accusation, but not in that direct
manner which he would have used had he been able to prove it. The
Sicilians, <span class='pagenum'><a name="Page_133" id=
"Page_133">133</a></span>at any rate, said that it was so. As
to the incompetency of the man, there was probably no doubt, and it
might be quite as serviceable to have an incompetent as a dishonest
accuser. Cæcilius himself had declared that no one could be
so fit as himself for the work. He knew Sicily well, having been
born there. He had been Quæstor there with Verres, and had been
able to watch the governor's doings. No doubt there was—or
had been in more pious days—a feeling that a Quæstor should
never turn against the Proconsul under whom he had served, and to
whom he had held the position almost of a son.<a name=
"FNanchor_100_100" id="FNanchor_100_100"></a><a href=
"#Footnote_100_100" class="fnanchor">100</a> But there was less
of that feeling now than heretofore. Verres had quarrelled with his
Quæstor. Oppius was called on to defend himself against the
Proconsul with whom he had served. No one could know the doings of
the governor of a province as well as his own Quæstor; and,
therefore, so said Cæcilius, he would be the preferable
accuser. As to his hatred of the man, there could be no doubt as to
that. Everybody knew that they had quarrelled. The purpose, no
doubt, was to give some colorable excuse to the judges for rescuing
Verres, the great paymaster, from the fangs of Cicero.</p>
<p>Cicero's speech on the occasion—which, as speeches went in
those days, was very short—is a model of sagacity and
courage. He had to plead his own fitness, the unfitness of his
adversary, and the wishes in the matter of the Sicilians. This had
to be done with no halting phrases. It was not simply his object to
convince a body of honest men that, with the view of getting at the
truth, he would be the better advocate of the two. We may imagine
that there was not a judge there, not a Roman present, who was not
well aware of that before the orator began. It was needed that the
absurdity of the comparison between them should be declared so
loudly <span class='pagenum'><a name="Page_134" id="Page_134">
134</a></span>that the judges would not dare to betray the
Sicilians, and to liberate the accused, by choosing the incompetent
man. When Cicero rose to speak, there was probably not one of them
of his own party, not a Consul, a Prætor, an Ædile, or a
Quæstor, not a judge, not a Senator, not a hanger-on about the
courts, but was anxious that Verres with his plunder should escape.
Their hope of living upon the wealth of the provinces hung upon it.
But if he could speak winged words—words that should fly all
over Rome, that might fly also among subject nations—then
would the judges not dare to carry out this portion of the
scheme.</p>
<p>"When," he says, "I had served as Quæstor in Sicily, and had
left the province after such a fashion that all the Sicilians had a
grateful memory of my authority there, though they had older
friends on whom they relied much, they felt that I might be a
bulwark to them in their need. These Sicilians, harassed and
robbed, have now come to me in public bodies, and have implored me
to undertake their defence. 'The time has come,' they say, 'not
that I should look after the interest of this or that man, but that
I should protect the very life and well-being of the whole
province.' I am inclined by my sense of duty, by the faith which I
owe them, by my pity for them, by the example of all good Romans
before me, by the custom of the Republic, by the old constitution,
to undertake this task, not as pertaining to my own interests, but
to those of my close friends."<a name="FNanchor_101_101" id=
"FNanchor_101_101"></a><a href="#Footnote_101_101" class=
"fnanchor">101</a> That was his own reason for undertaking the
case. Then he reminds the judges of what the Roman people
wished—the people who had felt with dismay the injury
inflicted upon them by Sulla's withdrawal of all power from the
Tribunes, and by the putting the whole authority of the bench into
the hands of the Senators. "The Roman people, much as they have
been made to suffer, regret nothing of that they have lost so much
as the strength and majesty of the old <span class='pagenum'><a
name="Page_135" id="Page_135">135</a></span>judges. It is with
the desire of having them back that they demand for the Tribunes
their former power. It is this misconduct of the present judges
that has caused them to ask for another class of men for the
judgment-seat. By the fault and to the shame of the judges of
to-day, the Censor's authority, which has hitherto always been
regarded as odious and stern, even that is now requested by the
people."<a name="FNanchor_102_102" id="FNanchor_102_102"></a><a
href="#Footnote_102_102" class="fnanchor">102</a> Then he goes on
to show that, if justice is intended, this case will be put into
the hands of him whom the Sicilians have themselves chosen. Had the
Sicilians said that they were unwilling to trust their affairs to
Cæcilius because they had not known him, but were willing to
trust him, Cicero, whom they did know, would not even that have
been reasonable enough of itself? But the Sicilians had known both
of them, had known Cæcilius almost as well as Cicero, and had
expressed themselves clearly. Much as they desired to have Cicero,
they were as anxious not to have Cæcilius. Even had they held
their tongues about this, everybody would have known it; but they
had been far from holding their tongues. "Yet you offer yourself to
these most unwilling clients," he says, turning to Cæcilius.
"Yet you are ready to plead in a cause that does not belong to you!
Yet you would defend those who would rather have no defender than
such a one as you!"<a name="FNanchor_103_103" id=
"FNanchor_103_103"></a><a href="#Footnote_103_103" class=
"fnanchor">103</a> Then he attacks Hortensius, the advocate for
Verres. "Let him not think that, if I am to be employed here, the
judges can be bribed without infinite danger to all concerned. In
undertaking this cause of the Sicilians, I undertake also the cause
of the people of Rome at large. It is not only that one wretched
sinner should be crushed, which is what the Sicilians want, but
that this terrible injustice should be stopped altogether, in
compliance with the wishes of the people."<a name=
"FNanchor_104_104" id="FNanchor_104_104"></a><a href=
"#Footnote_104_104" class="fnanchor">104</a> When we remember how
this was spoken, in the presence of those very judges, in the
presence of Hortensius himself, in reliance only on the public
opinion which he was to <span class='pagenum'><a name="Page_136"
id="Page_136">136</a></span>create by his own words, we cannot
but acknowledge that it is very fine.</p>
<p>After that he again turns upon Cæcilius. "Learn from me,"
he says, "how many things are expected from him who undertakes the
accusation of another. If there be one of those qualities in you, I
will give up to you all that you ask."<a name="FNanchor_105_105"
id="FNanchor_105_105"></a><a href="#Footnote_105_105" class=
"fnanchor">105</a> Cæcilius was probably even now in
alliance with Verres. He himself, when Quæstor, had robbed the
people in the collection of the corn dues, and was unable therefore
to include that matter in his accusation. "You can bring no charge
against him on this head, lest it be seen that you were a partner
with him in the business."<a name="FNanchor_106_106" id=
"FNanchor_106_106"></a><a href="#Footnote_106_106" class=
"fnanchor">106</a> He ridicules him as to his personal
insufficiency. "What, Cæcilius! as to those practices of the
profession without which an action such as this cannot be carried
on, do you think that there is nothing in them? Need there be no
skill in the business, no habit of speaking, no familiarity with
the Forum, with the judgment-seats, and the laws?"<a name=
"FNanchor_107_107" id="FNanchor_107_107"></a><a href=
"#Footnote_107_107" class="fnanchor">107</a> "I know well how
difficult the ground is. Let me advise you to look into yourself,
and to see whether you are able to do that kind of thing. Have you
got voice for it, prudence, memory, wit? Are you able to expose the
life of Verres, as it must be done, to divide it into parts and
make everything clear? In doing all this, though nature should have
assisted you"—as it has not at all, is of course
implied—"if from your earliest childhood you had been imbued
with letters; if you had learned Greek at Athens instead of at
Lilybæum—Latin in Rome instead of in Sicily—still
would it not be a task beyond your strength to undertake such a
case, so widely thought of, to complete it by your industry, and
then to grasp it in your memory; to make it plain by your
eloquence, and to support it with voice and strength sufficient?
'Have I these gifts,' you will ask. Would that I had! But from my
childhood I have done all that I could to attain them."<a name=
"FNanchor_108_108" id="FNanchor_108_108"></a><a href=
"#Footnote_108_108" class="fnanchor">108</a></p>
<p><span class='pagenum'><a name="Page_137" id="Page_137">
137</a></span>Cicero makes his points so well that I would fain go
through the whole speech, were it not that a similar reason might
induce me to give abridgments of all his speeches. It may not be
that the readers of these orations will always sympathize with the
orator in the matter which he has in hand—though his power
over words is so great as to carry the reader with him very
generally, even at this distance of time—but the neatness
with which the weapon is used, the effectiveness of the thrust for
the purpose intended, the certainty with which the nail is hit on
the head—never with an expenditure of unnecessary force, but
always with the exact strength wanted for the purpose—these
are the characteristics of Cicero's speeches which carry the reader
on with a delight which he will want to share with others, as a man
when he has heard a good story instantly wishes to tell it again.
And with Cicero we are charmed by the modernness, by the tone of
to-day, which his language takes. The rapid way in which he runs
from scorn to pity, from pity to anger, from anger to public zeal,
and then instantly to irony and ridicule, implies a lightness of
touch which, not unreasonably, surprises us as having endured for
so many hundred years. That poetry should remain to us, even lines
so vapid as some of those in which Ovid sung of love, seems to be
more natural, because verses, though they be light, must have been
labored. But these words spoken by Cicero seem almost to ring in
our ears as having come to us direct from a man's lips. We see the
anger gathering on the brow of Hortensius, followed by a look of
acknowledged defeat. We see the startled attention of the judges as
they began to feel that in this case they must depart from their
intended purpose. We can understand how Cæcilius cowered, and
found consolation in being relieved from his task. We can fancy how
Verres suffered—Verres whom no shame could have
touched—when all his bribes were becoming inefficient under
the hands of the orator.</p>
<p>Cicero was chosen for the task, and then the real work began.
<span class='pagenum'><a name="Page_138" id="Page_138">
138</a></span>The work as he did it was certainly beyond the
strength of any ordinary advocate. It was necessary that he should
proceed to Sicily to obtain the evidence which was to be collected
over the whole island. He must rate up, too, all the previous
details of the life of this robber. He must be thoroughly prepared
to meet the schemers on every point. He asked for a hundred and ten
days for the purpose of getting up his case, but he took only
fifty. We must imagine that, as he became more thoroughly versed in
the intrigues of his adversaries, new lights came upon him. Were he
to use the whole time allotted to him, or even half the time, and
then make such an exposition of the criminal as he would delight to
do were he to indulge himself with that "perpetua oratio" of which
we hear, then the trial would be protracted till the coming of
certain public games, during which the courts would not sit. There
seem to have been three sets of games in his way—a special
set for this year, to be given by Pompey, which were to last
fifteen days; then the Ludi Romani, which were continued for nine
days. Soon after that would come the games in honor of
Victory—so soon that an adjournment over them would be
obtained as a matter of course. In this way the trial would be
thrown over into the next year, when Hortensius and one Metellus
would be Consuls, and another Metellus would be the Prætor,
controlling the judgment-seats. Glabrio was the Prætor for this
present year. In Glabrio Cicero could put some trust. With
Hortensius and the two Metelluses in power, Verres would be as good
as acquitted. Cicero, therefore, had to be on the alert, so that in
this unexpected way, by sacrificing his own grand opportunity for a
speech, he might conquer the schemers. We hear how he went to
Sicily in a little boat from an unknown port, so as to escape the
dangers contrived for him by the friends of Verres.<a name=
"FNanchor_109_109" id="FNanchor_109_109"></a><a href=
"#Footnote_109_109" class="fnanchor">109</a> <span class=
'pagenum'><a name="Page_139" id="Page_139">139</a></span>If it
could be arranged that the clever advocate should be kidnapped by a
pirate, what a pleasant way would that be of putting an end to
these abominable reforms! Let them get rid of Cicero, if only for a
time, and the plunder might still be divided. Against all this he
had to provide. When in Sicily he travelled sometimes on foot, for
the sake of caution—never with the retinue to which he was
entitled as a Roman senator. As a Roman senator he might have
demanded free entertainment at any town he entered, at great cost
to the town. But from all this he abstained, and hurried back to
Rome with his evidence so quickly that he was able to produce it
before the judges, so as to save the adjournments which he
feared.</p>
<p>Verres retired from the trial, pleading guilty, after hearing
the evidence. Of the witnesses and of the manner in which they told
the story, we have no account. The second speech which we
have—the Divinatio, or speech against Cæcilius, having
been the first—is called the Actio Prima contra
Verrem—"the first process against Verres." This is almost
entirely confined to an exhortation to the judges. Cicero had made
up his mind to make no speech about Verres till after the trial
should be over. There would not be the requisite time. The evidence
he must bring forward. And he would so appall these corrupt judges
that they should not dare to acquit the accused. This Actio Prima
contains the words in which he did appall the judges. As we read
them, we pity the judges. There were fourteen, whose names we know.
That there may have been many more is probable. There was the
Prætor Urbanus of the day, Glabrio. With him were Metellus, one of
the Prætors for the next year, and Cæsonius, who, with Cicero
himself, was Ædile designate. There were three Tribunes of <span
class='pagenum'><a name="Page_140" id="Page_140">
140</a></span>the people and two military Tribunes. There was a
Servilius, a Catulus, a Marcellus. Whom among these he suspected we
can hardly say. Certainly he suspected Metellus. To Servilius<a
name="FNanchor_110_110" id="FNanchor_110_110"></a><a href=
"#Footnote_110_110" class="fnanchor">110</a> he paid an ornate
compliment in one of the written orations published after the trial
was over, from whence we may suppose that he was well inclined
toward him. Of Glabrio he spoke well. The body, as a body, was of
such a nature that he found it necessary to appall them. It is thus
that he begins: "Not by human wisdom, O ye judges, but by chance,
and by the aid, as it were, of the gods themselves, an event has
come to pass by which the hatred now felt for your order, and the
infamy attached to the judgment seat, may be appeased; for an
opinion has gone abroad, disgraceful to the Republic, full of
danger to yourselves—which is in the mouths of all men not
only here in Rome but through all nations—that by these
courts as they are now constituted, a man, if he be only rich
enough, will never be condemned, though he be ever so guilty." What
an exordium with which to begin a forensic pleading before a bench
of judges composed of Prætors, Ædiles, and coming Consuls! And
this at a time, too, when men's minds were still full of Sulla's
power; when some were thinking that they too might be Sullas; while
the idea was still strong that a few nobles ought to rule the Roman
Empire for their own advantage and their own luxury! What words to
address to a Metellus, a Catulus, and a Marcellus! I have brought
before you such a wretch, he goes on to say, that by a just
judgment upon him you can recover your favor with the people of
Rome, and your credit with other nations. "This is a trial in which
you, indeed, will have to judge this man who is accused, but in
which also the Roman people will have to judge you. By what is done
to him will be determined whether a man who is guilty, and at the
same time rich, can possibly be condemned in Rome.<a name=
"FNanchor_111_111" id="FNanchor_111_111"></a><a href=
"#Footnote_111_111" class="fnanchor">111</a>If the matter goes
amiss here, all men will declare, <span class='pagenum'><a name=
"Page_141" id="Page_141">141</a></span>not that better men
should be selected out of your order, which would be impossible,
but that another order of citizens must be named from which to
select the judges."<a name="FNanchor_112_112" id=
"FNanchor_112_112"></a><a href="#Footnote_112_112" class=
"fnanchor">112</a> This short speech was made. The witnesses were
examined during nine days; then Hortensius, with hardly a struggle
at a reply, gave way, and Verres stood condemned by his own
verdict.</p>
<p>When the trial was over, and Verres had consented to go into
exile, and to pay whatever fine was demanded, the "perpetua oratio"
which Cicero thought good to make on the matter was published to
the world. It is written as though it was to have been spoken, with
counterfeit tricks of oratory—with some tricks so well done
in the first part of it as to have made one think that, when these
special words were prepared, he must have intended to speak them.
It has been agreed, however, that such was not the case. It
consists of a narration of the villainies of Verres, and is divided
into what have been called five different speeches, to which the
following appellations are given: De Prætura Urbana, in which we
are told what Verres did when he was city Prætor, and very many
things also which he did before he came to that office, De
Jurisdictione Siciliensi, in which is described his conduct as a
Roman magistrate on the island; De Re Frumentaria, setting forth
the abomination of his exactions in regard to the corn tax; De
Signis, detailing the robberies he perpetuated in regard to statues
and other ornaments; and De Suppliciis, giving an account of the
murders he committed and the tortures he inflicted. A question is
sometimes mooted in conversation whether or no the general
happiness of the world has been improved by increasing civilization
When the reader finds from these stories, as told by a leading
Roman of the day, how men were treated under the Roman
oligarchy—not only Greek allies but Romans also—I think
he will be inclined to answer the question in favour of
civilization.</p>
<p><span class='pagenum'><a name="Page_142" id="Page_142">
142</a></span>I can only give a few of the many little histories
which have been preserved for us in this Actio Secunda; but perhaps
these few may suffice to show how a great Roman officer could
demean himself in his government. Of the doings of Verres before he
went to Sicily I will select two. It became his duty on one
occasion—a job which he seems to have sought for purpose of
rapine—to go to Lampsacus, a town in Asia, as lieutenant, or
legate, for Dolabella, who then had command in Asia. Lampsacus was
on the Hellespont, an allied town of specially good repute. Here he
is put up as a guest, with all the honors of a Roman officer, at
the house of a citizen named Janitor. But he heard that another
citizen, one Philodamus, had a beautiful daughter—an article
with which we must suppose that Janitor was not equally well
supplied. Verres, determined to get at the lady, orders that his
creature Rubrius shall be quartered at the house of Philodamus.
Philodamus, who from his rank was entitled to be burdened only with
the presence of leading Romans, grumbles at this; but, having
grumbled, consents, and having consented, does the best to make his
house comfortable. He gives a great supper, at which the Romans eat
and drink, and purposely create a tumult. Verres, we understand,
was not there. The intention is that the girl shall be carried away
and brought to him. In the middle of their cups the father is
desired to produce his daughter; but this he refuses to do. Rubrius
then orders the doors to be closed, and proceeds to ransack the
house. Philodamus, who will not stand this, fetches his son, and
calls his fellow-citizens around him. Rubrius succeeds in pouring
boiling water over his host, but in the row the Romans get the
worst of it. At last one of Verres's lictors—absolutely a
Roman lictor—is killed, and the woman is not carried off. The
man at least bore the outward signs of a lictor, but, according to
Cicero, was in the pay of Verres as his pimp.</p>
<p>So far Verres fails; and the reader, rejoicing at the courage of
the father who could protect his own house even against <span
class='pagenum'><a name="Page_143" id="Page_143">
143</a></span>Romans, begins to feel some surprise that this case
should have been selected. So far the lieutenant had not done the
mischief he had intended, but he soon avenges his failure. He
induces Dolabella, his chief, to have Philodamus and his son
carried off to Laodicea, and there tried before Nero, the then
Proconsul, for killing the sham lictor. They are tried at Laodicea
before Nero, Verres himself sitting as one of the judges, and are
condemned. Then in the market place of the town, in the presence of
each other, the father and son are beheaded—a thing, as
Cicero says, very sad for all Asia to behold. All this had been
done some years ago; and, nevertheless, Verres had been chosen
Prætor, and sent to Sicily to govern the Sicilians.</p>
<p>When Verres was Prætor at Rome—the year before he was
sent to Sicily—it became his duty, or rather privilege, as he
found it, to see that a certain temple of Castor in the city was
given up in proper condition by the executors of a defunct citizen
who had taken a contract for keeping it in repair. This man, whose
name had been Junius, left a son, who was a Junius also under age,
with a large fortune in charge of various trustees, tutors, as they
were called, whose duty it was to protect the heir's interests.
Verres, knowing of old that no property was so easily preyed on as
that of a minor, sees at once that something may be done with the
temple of Castor. The heir took oath, and to the extent of his
property he was bound to keep the edifice in good repair. But
Verres, when he made an inspection, finds everything to be in more
than usually good order. There is not a scratch on the roof of
which he can make use. Nothing has been allowed to go astray. Then
"one of his dogs"—for he had boasted to his friend Ligur that
he always went about with dogs to search out his game for
him—suggested that some of the columns were out of the
perpendicular. Verres does not know what this means; but the dog
explains. All columns are, in fact, by strict measurement, more or
less out of the perpendicular, as we are told that all eyes squint
a little, though we do not see that they squint. <span class=
'pagenum'><a name="Page_144" id="Page_144">144</a></span>But
as columns ought to be perpendicular, here was a matter on which he
might go to work. He does go to work. The trustees knowing their
man—knowing also that in the present condition of Rome it was
impossible to escape from an unjust Prætor without paying
largely—went to his mistress and endeavored to settle the
matter with her. Here we have an amusing picture of the way in
which the affairs of the city were carried on in that lady's
establishment; how she had her levee, took her bribes, and drove a
lucrative trade. Doing, however, no good with her, the trustees
settled with an agent to pay Verres two hundred thousand sesterces
to drop the affair. This was something under £2000. But
Verres repudiated the arrangement with scorn. He could do much
better than that with such a temple and such a minor. He puts the
repairs up to auction; and refusing a bid from the trustees
themselves—the very persons who are the most interested in
getting the work done, if there were work to do—has it
knocked down to himself for five hundred and sixty thousand
sesterces, or about £5000.<a name="FNanchor_113_113" id=
"FNanchor_113_113"></a><a href="#Footnote_113_113" class=
"fnanchor">113</a> Then we are told how he had the pretended work
done by the putting up of a rough crane. No real work is done, no
new stones are brought, no money is spent. That is the way in which
Verres filled his office as Prætor Urbanus; but it does not seem
that any public notice is taken of his iniquities as long as he
confined himself to little jobs such as this.</p>
<p>Then we come to the affairs of Sicily—and the long list of
robberies is commenced by which that province was made desolate. It
seems that nothing gave so grand a scope to the greed of a public
functionary who was at the same time governor and judge as disputed
wills. It was not necessary that any of the persons concerned
should dispute the will among <span class='pagenum'><a name=
"Page_145" id="Page_145">145</a></span>them. Given the facts
that a man had died and left property behind him, then Verres would
find means to drag the heir into court, and either frighten him
into payment of a bribe or else rob him of his inheritance. Before
he left Rome for the province he heard that a large fortune had
been left to one Dio on condition that he should put up certain
statues in the market-place.<a name="FNanchor_114_114" id=
"FNanchor_114_114"></a><a href="#Footnote_114_114" class=
"fnanchor">114</a> It was not uncommon for a man to desire the
reputation of adorning his own city, but to choose that the expense
should be borne by his heir rather than by himself. Failing to put
up the statues, the heir was required to pay a fine to Venus
Erycina—to enrich, that is, the worship of that goddess, who
had a favorite temple under Mount Eryx. The statues had been duly
erected. But, nevertheless, here there was an opening. So Verres
goes to work, and in the name of Venus brings an action against
Dio. The verdict is given, not in favor of Venus but in favor of
Verres.</p>
<p>This manner of paying honor to the gods, and especially to
Venus, was common in Sicily. Two sons<a name="FNanchor_115_115" id=
"FNanchor_115_115"></a><a href="#Footnote_115_115" class=
"fnanchor">115</a> received a fortune from their father, with a
condition that, if some special thing were not done, a fine should
be paid to Venus. The man had been dead twenty years ago. But "the
dogs" which the Prætor kept were very sharp, and, distant as was
the time, found out the clause. Action is taken against the two
sons, who indeed gain their case; but they gain it by a bribe so
enormous that they are ruined men. There was one Heraclius,<a name=
"FNanchor_116_116" id="FNanchor_116_116"></a><a href=
"#Footnote_116_116" class="fnanchor">116</a> the son of Hiero, a
nobleman of Syracuse, who received a legacy amounting to 3,000,000
sesterces—we will say £24,000—from a relative,
also a Heraclius. He had, too, a house full of handsome silver
plate, silk and hangings, and valuable slaves. A man, "Dives equom,
dives pictai vestis et auri." Verres heard, of course. He had by
this time taken some Sicilian dogs into his service, men of
Syracuse, and had learned from <span class='pagenum'><a name=
"Page_146" id="Page_146">146</a></span>them that there was a
clause in the will of the elder Heraclius that certain statues
should be put up in the gymnasium of the city. They undertake to
bring forward servants of the gymnasium who should say that the
statues were never properly erected. Cicero tells us how Verres
went to work, now in this court, now in that, breaking all the laws
as to Sicilian jurisdiction, but still proceeding under the
pretence of law, till he got everything out of the wretch—not
only all the legacies from Heraclius, but every shilling, and every
article left to the man by his father. There is a pretence of
giving some of the money to the town of Syracuse; but for himself
he takes all the valuables, the Corinthian vases, the purple
hangings, what slaves he chooses. Then everything else is sold by
auction. How he divided the spoil with the Syracusans, and then
quarrelled with them, and how he lied as to the share taken by
himself, will all be found in Cicero's narrative. Heraclius was of
course ruined. For the stories of Epicrates and Sopater I must
refer the reader to the oration. In that of Sopater there is the
peculiarity that Verres managed to get paid by everybody all
round.</p>
<p>The story of Sthenius is so interesting that I cannot pass it
by. Sthenius was a man of wealth and high standing, living at
Therma in Sicily, with whom Verres often took up his abode; for, as
governor, he travelled much about the island, always in pursuit of
plunder. Sthenius had had his house full of beautiful things. Of
all these Verres possessed himself—some by begging, some by
demanding, and some by absolute robbery. Sthenius, grieved as he
was to find himself pillaged, bore all this. The man was Roman
Prætor, and injuries such as these had to be endured. At Therma,
however, in the public place of the city, there were some beautiful
statues. For these Verres longed, and desired his host to get them
for him. Sthenius declared that this was impossible. The statues
had, under peculiar circumstances, been recovered by Scipio
Africanus from Carthage, and been restored by the Roman General
<span class='pagenum'><a name="Page_147" id="Page_147">
147</a></span>to the Sicilians, from whom they had been taken, and
had been erected at Therma. There was a peculiarly beautiful figure
of Stesichorus, the poet, as an old man bent double, with a book in
his hand—a very glorious work of art; and there was a
goat—in bronze probably—as to which Cicero is at the
pains of telling us that even he, unskilled as he was in such
matters, could see its charms. No one had sharper eyes for such
pretty ornaments than Cicero, or a more decided taste for them. But
as Hortensius, his rival and opponent in this case, had taken a
marble sphinx from Verres, he thought it expedient to show how
superior he was to such matters. There was probably something of
joke in this, as his predilections would no doubt be known to those
he was addressing.<a name="FNanchor_117_117" id=
"FNanchor_117_117"></a><a href="#Footnote_117_117" class=
"fnanchor">117</a></p>
<p>In the matter Sthenius was incorruptible, and not even the
Prætor could carry them away without his aid. Cicero, who is very
warm in praise of Sthenius, declares that "here at last Verres had
found one town, the only one in the world, from which he was unable
to carry away something of the public property by force, or
stealth, or open command, or favor."<a name="FNanchor_118_118" id=
"FNanchor_118_118"></a><a href="#Footnote_118_118" class=
"fnanchor">118</a> The governor was so disgusted with this that
he abandoned Sthenius, leaving the house which he had plundered of
everything, and betook himself to that of one Agathinus, who had a
beautiful daughter, Callidama, who, with her husband, Dorotheus,
lived with her father They were enemies of Sthenius, and we are
given to understand that Verres ingratiated himself with them
partly for the sake of Callidama, who seems very quickly to have
been given up to him,<a name="FNanchor_119_119" id=
"FNanchor_119_119"></a><a href="#Footnote_119_119" class=
"fnanchor">119</a> and partly that he might instigate them to
bring actions against Sthenius. This is done with great success; so
that Sthenius is forced to run away, and betake himself, winter as
it was, across the seas to Rome. It has already been told that when
he was at Rome <span class='pagenum'><a name="Page_148" id=
"Page_148">148</a></span>an action was brought against him by
Verres for having run away when he was under judgment, in which
Cicero defended him, and in which he was acquitted. In the teeth of
his acquittal, Verres persecuted the man by every form of law which
came to his hands as Prætor, but always in opposition to the law.
There is an audacity about the man's proceedings, in his open
contempt of the laws which it was his special duty to carry out,
making us feel how confident he was that he could carry everything
before him in Rome by means of his money. By robbery and concealing
his robberies, by selling his judgments in such a way that he
should maintain some reticence by ordinary precaution, he might
have made much money, as other governors had done. But he resolved
that it would pay him better to rob everywhere openly, and then,
when the day of reckoning came, to buy the judges wholesale. As to
shame at such doings, there was no such feelings left among
Romans.</p>
<p>Before he comes to the story of Sthenius, Cicero makes a grandly
ironical appeal to the bench before him: "Yes, O judges, keep this
man; keep him in the State! Spare him, preserve him so that he,
too, may sit with us as a judge here so that he, too, may, with
impartiality, advise us, as a Senator, what may be best for us as
to peace and war! Not that we need trouble ourselves as to his
senatorial duties. His authority would be nothing. When would he
dare, or when would he care, to come among us? Unless it might be
in the idle month of February, when would a man so idle, so
debauched, show himself in the Senate-house? Let him come and show
himself. Let him advise us to attack the Cretans; to pronounce the
Greeks of Byzantium free; to declare Ptolemy King.<a name=
"FNanchor_120_120" id="FNanchor_120_120"></a><a href=
"#Footnote_120_120" class="fnanchor">120</a> Let him speak and
vote as Hortensius may direct. This will have but little effect
upon our lives or our property. But beyond <span class='pagenum'><a
name="Page_149" id="Page_149">149</a></span>this there is
something we must look to; something that would be distrusted;
something that every good man has to fear! If by chance this man
should escape out of our hands, he would have to sit there upon
that bench and be a judge. He would be called upon to pronounce on
the lives of a Roman citizen. He would be the right-hand officer in
the army of this man here,<a name="FNanchor_121_121" id=
"FNanchor_121_121"></a><a href="#Footnote_121_121" class=
"fnanchor">121</a> of this man who is striving to be the lord and
ruler of our judgment-seats. The people of Rome at least refuse
this! This at least cannot be endured!"</p>
<p>The third of these narratives tells us how Verres managed in his
province that provision of corn for the use of Rome, the collection
of which made the possession of Sicily so important to the Romans.
He begins with telling his readers—as he does too
frequently—how great and peculiar is the task he has
undertaken; and he uses an argument of which we cannot but admit
the truth, though we doubt whether any modern advocate would dare
to put it forward. We must remember, however, that Romans were not
accustomed to be shamefaced in praising themselves. What Cicero
says of himself all others said also of themselves; only Cicero
could say it better than others. He reminds us that he who accuses
another of any crime is bound to be especially free from that crime
himself. "Would you charge any one as a thief? you must be clear
from any suspicion of even desiring another man's property. Have
you brought a man up for malice or cruelty? take care that you be
not found hard-hearted. Have you called a man a seducer or an
adulterer? be sure that your own life shows no trace of such vices.
Whatever you would punish in another, that you must avoid yourself.
A public accuser would be intolerable, or even a caviller, who
should inveigh against sins for which he himself is called in
question. But in this <span class='pagenum'><a name="Page_150" id=
"Page_150">150</a></span>man I find all wickednesses combined.
There is no lust, no iniquity, no shamelessness of which his life
does not supply with ample evidence." The nature of the difficulty
to which Cicero is thus subjected is visible enough. As Verres is
all that is bad, so must he, as accuser, be all that is good; which
is more, we should say, than any man would choose to declare of
himself! But he is equal to the occasion. "In regard to this man, O
judges, I lay down for myself the law as I have stated it. I must
so live that I must clearly seem to be, and always have been, the
very opposite of this man, not only in my words and deeds, but as
to that arrogance and impudence which you see in him." Then he
shows how opposite he is to Verres at any rate, in impudence! "I am
not sorry to see," he goes on to say, "that that life which has
always been the life of my own choosing, has now been made a
necessity to me by the law which I have laid down for myself."<a
name="FNanchor_122_122" id="FNanchor_122_122"></a><a href=
"#Footnote_122_122" class="fnanchor">122</a> Mr. Pecksniff spoke
of himself in the same way, but no one, I think, believed him.
Cicero probably was believed. But the most wonderful thing is, that
his manner of life justified what he said of himself. When others
of his own order were abandoned to lust, iniquity, and
shamelessness, he lived in purity, with clean hands, doing good as
far as was in his power to those around him. A laugh will be raised
at his expense in regard to that assertion of his that, even in the
matter of arrogance, his conduct should be the opposite of that of
Verres. But this will come because I have failed to interpret
accurately the meaning of those words, "oris oculorumque illa
contumacia ac superbia quam videtis." Verres, as we can understand,
had carried himself during the trial with a bragging, brazen, bold
face, determined to show no shame as to his own doings. It is in
this, which was a matter of manner and taste, that Cicero declares
that he will be the man's opposite as well as in conduct. As to the
ordinary boastings, by which it has to be acknowledged <span class=
'pagenum'><a name="Page_151" id="Page_151">151</a></span>that
Cicero sometimes disgusts his readers, it will be impossible for us
to receive a just idea of his character without remembering that it
was the custom of a Roman to boast. We wait to have good things
said of us, or are supposed to wait. The Roman said them of
himself. The "veni, vidi, vici" was the ordinary mode of expression
in those times, and in earlier times among the Greeks.<a name=
"FNanchor_123_123" id="FNanchor_123_123"></a><a href=
"#Footnote_123_123" class="fnanchor">123</a> This is distasteful
to us; and it will probably be distasteful to those who come after
us, two or three hundred years hence, that this or that British
statesman should have made himself an Earl or a Knight of the
Garter. Now it is thought by many to be proper enough. It will
shock men in future days that great peers or rich commoners should
have bargained for ribbons and lieutenancies and titles. Now it is
the way of the time. Though virtue and vice may be said to remain
the same from all time to all time, the latitudes allowed and the
deviations encouraged in this or the other age must be considered
before the character of a man can be discovered. The boastings of
Cicero have been preserved for us. We have to bethink ourselves
that his words are 2000 years old. There is such a touch of
humanity in them, such a feeling of latter-day civilization and
almost of Christianity, that we are apt to condemn what remains in
them of paganism, as though they were uttered yesterday. When we
come to the coarseness of his attacks, his descriptions of Piso
by-and-by, his abuse of Gabinius, and his invectives against
Antony; when we read his altered opinions, as shown in the period
of Cæsar's dominion, <span class='pagenum'><a name="Page_152"
id="Page_152">152</a></span>his flattery of Cæsar when
in power, and his exultations when Cæsar has been killed;
when we find that he could be coarse in his language and a bully,
and servile—for it has all to be admitted—we have to
reflect under what circumstances, under what surroundings, and for
what object were used the words which displease us. Speaking before
the full court at this trial, he dared to say he knew how to live
as a man and to carry himself as a gentleman. As men and gentlemen
were then, he was justified.</p>
<p>The description of Verres's rapacity in regard to the corn tax
is long and complex, and need hardly be followed at length, unless
by those who desire to know how the iniquity of such a one could
make the most of an imposition which was in itself very bad, and
pile up the burden till the poor province was unable to bear it.
There were three kinds of imposition as to corn. The first, called
the "decumanum," was simply a tithe.</p>
<p>The producers through the island had to furnish Rome with a
tenth of their produce, and it was the Prætor's duty, or rather
that of the Quæstor under the Prætor, to see that the tithe was
collected. How Verres saw to this himself, and how he treated the
Sicilian husbandmen in regard to the tithe, is so told that we are
obliged to give the man credit for an infinite fertility of
resources. Then there is the "emptum," or corn bought for the use
of Rome, of which there were two kinds. A second tithe had to be
furnished at a price fixed by the Roman Senate, which price was
considered to be below that of its real value, and then 800,000
bushels were purchased, or nominally purchased, at a price which
was also fixed by the Senate, but which was nearer to the real
value. Three sesterces a bushel for the first and four for the
last, were the prices fixed at this time. For making these payments
vast sums of money were remitted to Verres, of which the accounts
were so kept that it was hard to say whether any found its way into
the hands of the farmers who undoubtedly furnished the corn. The
third corn tax was the "æstimatum." This consisted of a certain
fixed quantity <span class='pagenum'><a name="Page_153" id=
"Page_153">153</a></span>which had to be supplied to the
Prætor for the use of his governmental establishment—to be
supplied either in grain or in money. What such a one as Verres
would do with his, the reader may conceive.</p>
<p>All this was of vital importance to Rome. Sicily and Africa were
the granaries from which Rome was supplied with its bread. To get
supplies from a province was necessary. Rich men have servants in
order that they may live at ease themselves. So it was with the
Romans to whom the provinces acted as servants. It was necessary to
have a sharp agent, some Proconsul or Proprætor; but when there
came one so sharp as Verres, all power of recreating supplies would
for a time be destroyed. Even Cicero boasted that in a time of
great scarcity, he, being then Quæstor in Sicily, had sent
extraordinary store of corn over to the city.<a name=
"FNanchor_124_124" id="FNanchor_124_124"></a><a href=
"#Footnote_124_124" class="fnanchor">124</a> But he had so done
it as to satisfy all who were concerned.</p>
<p>Verres, in his corn dealings with the Sicilians, had a certain
friend, companion, and minister—one of his favorite dogs,
perhaps we may call him—named Apronius, whom Cicero specially
describes. The description I must give, because it is so powerful;
because it shows us how one man could in those days speak of
another in open court before all the world; because it affords us
an instance of the intensity of hatred which the orator could throw
into his words; but I must hide it in the original language, as I
could not translate it without offence.<a name="FNanchor_125_125"
id="FNanchor_125_125"></a><a href="#Footnote_125_125" class=
"fnanchor">125</a></p>
<p><span class='pagenum'><a name="Page_154" id="Page_154">
154</a></span>Then we have a book devoted to the special pillage
of statues and other ornaments, which, for the genius displayed in
story-telling, is perhaps of all the Verrine orations the most
amusing. The Greek people had become in a peculiar way devoted to
what we generally call Art. We are much given to the collecting of
pictures, china, bronze, and marbles, partly from love of such
things, partly from pride in ornamenting our houses so as to excite
the admiration of others, partly from a feeling that money so
invested is not badly placed with a view to future returns. All
these feelings operated with the Greeks to a much greater extent.
Investments in consols and railway shares were not open to them.
Money they used to lend at usury, no doubt, but with a great chance
of losing it. The Greek colonists were industrious, were covetous,
and prudent. From this it had come to pass that, as they made their
way about the world—to the cities which they established
round the Mediterranean—they collected in their new homes
great store of ornamental wealth. This was done with much profusion
at Syracuse, a Greek city in Sicily, and spread from them over the
whole island. The temples of the gods were filled with the works of
the great Greek artists, and every man of note had his gallery.
That Verres, hog as he is described to have been, had a passion for
these things, is manifest to us. He came to his death at last in
defence of some favorite images. He had returned to Rome by means
of Cæsar's amnesty, and Marc Antony had him murdered because
he would not surrender some treasures of art. When we read the De
Signis—About Statues—we are led to imagine that the
<span class='pagenum'><a name="Page_155" id="Page_155">
155</a></span>search after these things was the chief object of
the man throughout his three years of office—as we have
before been made to suppose that all his mind and time had been
devoted to the cheating of the Sicilians in the matter of corn. But
though Verres loved these trinkets, it was not altogether for
himself that he sought them. Only one third of his plunder was for
himself. Senators, judges, advocates, Consuls, and Prætors could
be bribed with articles of <i>vertu</i> as well as with money.</p>
<p>There are eleven separate stories told of these robberies. I
will give very shortly the details of one or two. There was one
Marcus Heius, a rich citizen of Messana, in whose house Verres took
great delight. Messana itself was very useful to him, and the
Mamertines, as the people of Messana were called were his best
friends in all Sicily: for he made Messana the depot of his
plunder, and there he caused to be built at the expense of the
Government an enormous ship called the <i>Cybea</i>,<a name=
"FNanchor_126_126" id="FNanchor_126_126"></a><a href=
"#Footnote_126_126" class="fnanchor">126</a> in which his
treasures were carried out of the island. He therefore specially
favored Messana, and the district of Messana was supposed to have
been scourged by him with lighter rods than those used elsewhere in
Sicily. But this man Heius had a chapel, very sacred, in which were
preserved four specially beautiful images. There was a Cupid by
Praxiteles, and a bronze Hercules by Myro, and two Canœphræ by
Polycletus. These were treasures which all the world came to see,
and which were open to be seen by all the world. These Verres took
away, and caused accounts to be forged in which it was made to
appear that he had bought them for trifling sums. It seems that
some forced assent had been obtained from Heius as to the
transaction. Now there was a plan in vogue for making things
pleasant for a Proconsul retiring <span class='pagenum'><a name=
"Page_156" id="Page_156">156</a></span>from his government, in
accordance with which a deputation would proceed from the province
to Rome to declare how well and kindly the Proconsul had behaved in
his government. The allies, even when they had been, as it were,
skinned alive by their governor, were constrained to send their
deputations. Deputations were got up in Sicily from Messana and
Syracuse, and with the others from Messana came this man Heius.
Heius did not wish to tell about his statues; but he was asked
questions, and was forced to answer. Cicero informs us how it all
took place. "He was a man," he said—this is what Cicero tells
us that Heius said—"who was well esteemed in his own country,
and would wish you"—you judges—"to think well of his
religious spirit and of his personal dignity. He had come here to
praise Verres because he had been required to do so by his
fellow-citizens. He, however, had never kept things for sale in his
own house; and had he been left to himself, nothing would have
induced him to part with the sacred images which had been left to
him by his ancestors as the ornaments of his own chapel.<a name=
"FNanchor_127_127" id="FNanchor_127_127"></a><a href=
"#Footnote_127_127" class="fnanchor">127</a> Nevertheless, he had
come to praise Verres, and would have held his tongue had it been
possible."</p>
<p>Cicero finishes his catalogue by telling us of the manifold
robberies committed by Verres in Syracuse, especially from the
temples of the gods; and he begins his account of the Syracusan
iniquities by drawing a parallel between two Romans whose names
were well known in that city: Marcellus, who had besieged it as an
enemy and taken it, and Verres, who had been sent to govern it in
peace. Marcellus had saved the lives of the Syracusans; Verres had
made the Forum to run with their blood. The harbor which had held
its own against Marcellus, as we may read in our Livy, had been
wilfully opened by Verres to Cilician pirates. This Syracuse which
had been so carefully preserved by its Roman conqueror <span class=
'pagenum'><a name="Page_157" id="Page_157">157</a></span>the
most beautiful of all the Greek cities on the face of the
earth—so beautiful that Marcellus had spared to it all its
public ornaments—had been stripped bare by Verres. There was
the temple of Minerva from which he had taken all the pictures.
There were doors to this temple of such beauty that books had been
written about them. He stripped the ivory ornaments from them, and
the golden balls with which they had been made splendid. He tore
off from them the head of the Gorgon and carried it away, leaving
them to be rude doors, Goth that he was!</p>
<p>And he took the Sappho from the Prytaneum, the work of Silanion!
a thing of such beauty that no other man can have the like of it in
his own private house; yet Verres has it—a man hardly fit to
carry such a work of art as a burden, not possess it as a treasure
of his own. "What, too!" he says, "have you not stolen Pæan from
the temple of Æsculapius—a statue so remarkable for its
beauty, so well-known for the worship attached to it, that all the
world has been wont to visit it? What! has not the image of
Aristæus been taken by you from the temple of Bacchus? Have you
not even stolen the statue of Jupiter Imperator, so sacred in the
eyes of all men—that Jupiter which the Greeks call Ourios?
You have not hesitated to rob the temple of Proserpine of the
lovely head in Parian marble."<a name="FNanchor_128_128" id=
"FNanchor_128_128"></a><a href="#Footnote_128_128" class=
"fnanchor">128</a> Then Cicero speaks of the worship due to all
these gods as though he himself believed in their godhead. As he
had begun this chapter with the Mamertines of Messana, so he ends
it with an address to them. "It is well that you should come, you
alone out of all the provinces, and praise Verres here in Rome. But
what can you say for him? Was it not your duty to have built a ship
for the Republic? You have built none such, but have constructed a
huge private transport-vessel for Verres. Have you not been
exempted from your tax on corn? Have you not been exempted in
regard to <span class='pagenum'><a name="Page_158" id=
"Page_158">158</a></span>naval and military recruits? Have you
not been the receptacle of all his stolen goods? They will have to
confess, these Mamertines, that many a ship laden with his spoils
has left their port, and especially this huge transport-ship which
they built for him!"</p>
<p>In the De Suppliciis—the treatise about punishments, as
the last division of this process is called—Cicero tells the
world how Verres exacted vengeance from those who were opposed to
him, and with what horrid cruelty he raged against his enemies. The
stories, indeed, are very dreadful. It is harrowing to think that
so evil a man should have been invested with powers so great for so
bad a purpose. But that which strikes a modern reader most is the
sanctity attached to the name of a Roman citizen, and the audacity
with which the Roman Proconsul disregarded that sanctity. "Cives
Romanus" is Cicero's cry from the beginning to the end. No doubt he
is addressing himself to Romans, and seeking popularity, as he
always did. But, nevertheless, the demands made upon the outside
world at large by the glory of that appellation are astonishing,
even when put forward on such an occasion as this. One Gavius
escapes from a prison in Syracuse, and, making his way to Messana,
foolishly boasts that he would be soon over in Italy, out of the
way of Prætor Verres and his cruelties. Verres, unfortunately, is
in Messana, and soon hears from some of his friends, the
Mamertines, what Gavius was saying. He at once orders Gavius to be
flogged in public. "Cives Romanus sum!" exclaims Gavius, no doubt
truly. It suits Verres to pretend to disbelieve this, and to
declare that the man is a runagate slave. The poor wretch still
cries "Cives Romanus!" and trusts alone to that appeal. Whereupon
Verres puts up a cross on the sea-shore, and has the man crucified
in sight of Italy, so that he shall be able to see the country of
which he is so proud. Whether he had done anything to deserve
crucifixion, or flogging, or punishment at all, we are not told.
The accusation against Verres is not for crucifying the man, but
<span class='pagenum'><a name="Page_159" id="Page_159">
159</a></span>for crucifying the Roman. It is on this occasion
that Cicero uses the words which have become proverbial as to the
iniquity of this proceeding.<a name="FNanchor_129_129" id=
"FNanchor_129_129"></a><a href="#Footnote_129_129" class=
"fnanchor">129</a> During the telling of this story he explains
this doctrine, claiming for the Roman citizen, all the world over,
some such protection as freemasons are supposed to give each other,
whether known or unknown. "Men of straw," he says, "of no special
birth, go about the world. They resort to places they have never
seen before, where they know none, and none know them. Here,
trusting to their claim solely, they feel themselves to be
safe—not only where our magistrates are to be found, who are
bound both by law and by opinion, not only among other Roman
citizens who speak their language and follow the same customs, but
abroad, over the whole world, they find this to be sufficient
protection."<a name="FNanchor_130_130" id="FNanchor_130_130"></a><a
href="#Footnote_130_130" class="fnanchor">130</a> Then he goes on
to say that if any Prætor may at his will put aside this sanctity,
all the provinces, all the kingdoms, all the free states, all the
world abroad, will very soon lose the feeling.</p>
<p>But the most remarkable story is that told of a certain pirate
captain. Verres had been remiss in regard to the pirates—very
cowardly, indeed, if we are to believe Cicero. Piracy in the
Mediterranean was at that time a terrible drawback to
trade—that piracy that a year or two afterward Pompey was
effectual in destroying. A governor in Sicily had, among other
special duties, to keep a sharp lookout for the pirates. This
Verres omitted so entirely that these scourges of the sea soon
learned that they might do almost as they pleased on the Sicilian
coasts. But it came to pass that on one day a pirate vessel fell by
accident into the hands of the governor's officers. It was not
taken, Cicero says, but was so overladen that it was picked up
almost sinking.<a name="FNanchor_131_131" id=
"FNanchor_131_131"></a><a href="#Footnote_131_131" class=
"fnanchor">131</a> It was found to be full of <span class=
'pagenum'><a name="Page_160" id="Page_160">160</a></span>fine,
handsome men, of silver both plated and coined, and precious
stuffs. Though not "taken," it was "found," and carried into
Syracuse. Syracuse is full of the news, and the first demand is
that the pirates, according to Roman custom, shall all be killed.
But this does not suit Verres. The slave-markets of the Roman
Empire are open, and there are men among the pirates whom it will
suit him better to sell than to kill. There are six musicians,
"symphoniacos homines," whom he sends as a present to a friend at
Rome. But the people of Syracuse are very much in earnest. They are
too sharp to be put off with pretences, and they count the number
of slaughtered pirates. There are only some useless, weak, ugly old
fellows beheaded from day to day; and being well aware how many men
it must have taken to row and manage such a vessel, they demand
that the full crew shall be brought to the block. "There is nothing
in victory more sweet," says Cicero, "no evidence more sure, than
to see those whom you did fear, but have now got the better of,
brought out to tortures or death."<a name="FNanchor_132_132" id=
"FNanchor_132_132"></a><a href="#Footnote_132_132" class=
"fnanchor">132</a> Verres is so much frightened by the resolution
of the citizens that he does not dare to neglect their wishes.
There are lying in the prisons of Syracuse a lot of prisoners,
Roman citizens, of whom he is glad to rid himself. He has them
brought out, with their heads wrapped up so that they shall not be
known, and has them beheaded instead of the pirates! A great deal
is said, too, about the pirate captain—the arch-pirate, as he
is called. There seems to have been some money dealings personally
between him and Verres, on account of which Verres kept him hidden.
At any rate, the arch-pirate was saved. "In such a manner this
celebrated victory is managed.<a name="FNanchor_133_133" id=
"FNanchor_133_133"></a><a href="#Footnote_133_133" class=
"fnanchor">133</a> The pirate ship is taken, and the chief pirate
is allowed to escape. The musicians are sent to Rome. The men who
are good-looking and young are taken to the Prætor's house. As
many Roman citizens as will fill their places are carried out <span
class='pagenum'><a name="Page_161" id="Page_161">
161</a></span>as public enemies, and are tortured and killed! All
the gold and silver and precious stuffs are made a prize of by
Verres!"</p>
<p>Such are the accusations brought against this wonderful
man—the truth of which has, I think, on the whole been
admitted. The picture of Roman life which it displays is wonderful,
that such atrocities should have been possible; and equally so of
provincial subjection, that such cruelties should have been
endured. But in it all the greatest wonder is that there should
have risen up a man so determined to take the part of the weak
against the strong with no reward before him, apparently with no
other prospect than that of making himself odious to the party to
which he belonged. Cicero was not a Gracchus, anxious to throw
himself into the arms of the people; he was an oligarch by
conviction, born to oligarchy, bred to it, convinced that by it
alone could the Roman Republic be preserved. But he was convinced
also that unless these oligarchs could be made to do their duty the
Republic could not stand. Therefore it was that he dared to defy
his own brethren, and to make the acquittal of Verres an
impossibility. I should be inclined to think that the day on which
Hortensius threw up the sponge, and Verres submitted to banishment
and fine, was the happiest in the orator's life.</p>
<p>Verres was made to pay a fine which was very insufficient for
his crimes, and then to retire into comfortable exile. From this he
returned to Rome when the Roman exiles were amnestied, and was
shortly afterward murdered by Antony, as has been told before.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_162" id="Page_162">
162</a></span></p>
<h3><a name="CHAPTER_VII" id="CHAPTER_VII"></a><span class="smcap">Chapter VII.</span></h3>
<h4><i>CICERO AS ÆDILE AND PRÆTOR.</i></h4>
<div class="sidenote"><span class="smcap">b.c.</span> 69,
<i>ætat</i>. 38.</div>
<p>The year after the trial of Verres was that of Cicero's
Ædileship. We know but little of him in the performance of the
duties of this office, but we may gather that he performed them to
the satisfaction of the people. He did not spend much money for
their amusements, although it was the custom of Ædiles to ruin
themselves in seeking popularity after this fashion; and yet when,
two years afterward, he solicited the Prætorship from the people,
he was three times elected as first Prætor in all the
comitia—three separate elections having been rendered
necessary by certain irregularities and factious difficulties. To
all the offices, one after another, he was elected in his first
year—the first year possible in accordance with his
age—and was elected first in honor, the first as Prætor, and
then the first as Consul. This, no doubt, was partly due to his
compliance with those rules for canvassing which his brother
Quintus is said to have drawn out, and which I have quoted; but it
proves also the trust which was felt in him by the people. The
candidates, for the most part, were the candidates for the
aristocracy. They were put forward with the idea that thus might
the aristocratic rule of Rome be best maintained. Their elections
were carried on by bribery, and the people were for the most part
indifferent to the proceeding. Whether it might be a Verres, or an
Antony, or a Hortensius, they took the money that was going. They
allowed themselves to be delighted with the games, and they did as
they were bid. But every now and then there came up a name which
stirred them, <span class='pagenum'><a name="Page_163" id=
"Page_163">163</a></span>and they went to the voting
pens—ovilia—with a purpose of their own. When such a
candidate came forward, he was sure to be first. Such had been
Marius, and such had been the great Pompey, and such was Cicero.
The two former were men successful in war, who gained the voices of
the people by their victories. Cicero gained them by what he did
inside the city. He could afford not to run into debt and ruin
himself during his Ædileship, as had been common with Ædiles,
because he was able to achieve his popularity in another way. It
was the chief duty of the Ædiles to look after the town
generally—to see to the temples of the gods, to take care
that houses did not tumble down, to look to the cleansing of the
streets, and to the supply of water. The markets were under them,
and the police, and the recurrent festivals. An active man, with
common-sense, such as was Cicero, no doubt did his duty as Ædile
well.</p>
<p>He kept up his practice as an advocate during his years of
office. We have left to us the part of one speech and the whole of
another spoken during this period. The former was in favor of
Fonteius, whom the Gauls prosecuted for plundering them as
Proprætor, and the latter is a civil case on behalf of Cæcina,
addressed to the "Recuperatores," as had been that for Marcus
Tullius. The speech for Fonteius is remarkable as being as hard
against the provincial Gauls as his speech against Verres had been
favorable to the Sicilians. But the Gauls were barbarians, whereas
the Sicilians were Greeks. And it should be always remembered that
Cicero spoke as an advocate, and that the praise and censure of an
advocate require to be taken with many grains of salt. Nothing that
these wretched Gauls could say against a Roman citizen ought to be
accepted in evidence! "All the Romans," he says, "who have been in
the province wish well to Fonteius. Would you rather believe these
Gauls—led by what feeling? By the opinion of men! Is the
opinion, then, of your enemies of greater weight than that of your
fellow-citizens, or is it the greater credibility of the witnesses?
Would you prefer, then, unknown <span class='pagenum'><a name=
"Page_164" id="Page_164">164</a></span>men to
known—dishonest men to honest—foreigners to your own
countrymen—greedy men to those who come before you for
nothing—men of no religion to those who fear the
gods—those who hate the Empire and the name of Rome to allies
and citizens who are good and faithful?"<a name="FNanchor_134_134"
id="FNanchor_134_134"></a><a href="#Footnote_134_134" class=
"fnanchor">134</a> In every word of this he begs the question so
as to convince us that his own case was weak; and when he makes a
final appeal to the pity of the judges we are sure that Fonteius
was guilty. He tells the judges that the poor mother of the accused
man has no other support than this son, and that there is a sister,
one of the virgins devoted to the service of Vesta, who, being a
vestal virgin, cannot have sons of her own, and is therefore
entitled to have her brother preserved for her. When we read such
arguments as these, we are sure that Fonteius had misused the
Gauls. We believe that he was acquitted, because we are told that
he bought a house in Rome soon afterward; but we feel that he
escaped by the too great influence of his advocate. We are driven
to doubt whether the power over words which may be achieved by a
man by means of natural gifts, practice, and erudition, may not do
evil instead of good. A man with such a tongue as that of Cicero
will make the listener believe almost whatever he will; and the
advocate is restrained by no horror of falsehood. In his profession
alone it is considered honorable to be a bulwark to deception, and
to make the worse appear the better cause. Cicero did so when the
occasion seemed to him to require it, and has been accused of
hypocrisy in consequence. There is a passage in one of the
dialogues, De Oratore, which has been continually quoted against
him because the word "fibs" has been used with approval. The orator
is told how it may become him to garnish his good story with little
white lies—"mendaciunculis."<a name="FNanchor_135_135" id=
"FNanchor_135_135"></a><a href="#Footnote_135_135" class=
"fnanchor">135</a> The advice does <span class='pagenum'><a name=
"Page_165" id="Page_165">165</a></span>not indeed refer to
facts, or to evidence, or to arguments. It goes no farther than to
suggest that amount of exaggeration which is used by every teller
of a good story in order that the story may be good. Such
"mendaciuncula" are in the mouth of every diner-out in London, and
we may pity the dinner-parties at which they are not used.
Reference is made to them now because the use of the word by
Cicero, having been misunderstood by some who have treated his name
with severity, has been brought forward in proof of his falsehood.
You shall tell a story about a very little man, and say that he is
only thirty-six inches. You know very well that he is more than
four feet high. That will be a "mendaciunculum," according to
Cicero. The phrase has been passed on from one enemy to another,
till the little fibs of Cicero's recommending have been supposed to
be direct lies suggested by him to all advocates, and therefore
continually used by him as an advocate. They have been only the
garnishing of his drolleries. As an advocate, he was about as false
and about as true as an advocate of our own day.<a name=
"FNanchor_136_136" id="FNanchor_136_136"></a><a href=
"#Footnote_136_136" class="fnanchor">136</a> That he was not
paid, and that our English barristers are paid for the work they
do, makes, I think, no difference either in the innocency or the
falseness of the practice. I cannot but believe that, hereafter, an
improved tone of general feeling will forbid a man of honor to use
arguments which he thinks to be untrue, or to make others believe
that which he does not believe himself. Such is not the state of
things now in London, nor was it at Rome in Cicero's <span class=
'pagenum'><a name="Page_166" id="Page_166">166</a></span>time.
There are touches of eloquence in the plea for Fonteius, but the
reader will probably agree with me that the orator was well aware
that the late governor who was on his trial had misused those
unfortunate Gauls.</p>
<p>In the year following that of Cicero's Ædileship were written
the first of his epistles which have come to us. He was then not
yet thirty-nine years old—<span class="smcap">b.c.</span>
68—and during that year and the next seven were written
eleven letters, all to Atticus. Those to his other friends—Ad
Familiares, as we have been accustomed to call them; Ad Diversos,
they are commonly called now—began only with the close of his
consular year. How it has come to pass that there have been
preserved only those which were written after a period of life at
which most men cease to be free correspondents, cannot be said with
certainty. It has probably been occasioned by the fact that he
caused his letters to be preserved as soon as he himself perceived
how great would be their value. Of the nature of their value it is
hardly possible to speak too highly. I am not prepared, indeed, to
agree with the often quoted assertion of Cornelius Nepos that he
who has read his letters to Atticus will not lack much of the
history of those days.<a name="FNanchor_137_137" id=
"FNanchor_137_137"></a><a href="#Footnote_137_137" class=
"fnanchor">137</a></p>
<p>A man who should have read them and nothing else, even <span
class='pagenum'><a name="Page_167" id="Page_167">
167</a></span>in the days of Augustus, would not have learned much
of the preceding age. But if not for the purpose of history, the
letters generally have, if read aright, been all but enough for the
purpose of biography. With a view to the understanding of the man's
character, they have, I think, been enough. From them such a flood
of light has been turned upon the writer that all his nobility and
all his defects, all his aspirations and all his vacillations, have
been made visible. We know how human he was, and how, too, he was
only human—how he sighed for great events, and allowed
himself to think sometimes that they could be accomplished by small
manœuvres—how like a man he could be proud of his work and
boast—how like a man he could despair and almost die. But I
wish it to be acknowledged, by those who read his letters in order
that they may also read his character, that they were, when
written, private letters, intended to tell the truth, and that if
they are to be believed in reference to his weaknesses, they are
also to be believed in reference to his strength. If they are
singularly transparent as to the man—opening, especially to
Atticus, the doors of his soul more completely than would even any
girl of the nineteenth century when writing to her bosom
friend—they must be taken as being more honestly true. To
regard the aspirations as hypocritical, and only the meaner
effusions of his mind as emblematic of the true man, is both
unreasonable and uncharitable. Nor, I think, will that reader grasp
the way to see the truth who cannot teach himself what has in
Cicero's case, been the effect of daring to tell to his friend an
unvarnished tale. When with us some poor thought does make its way
across our minds, we do not sit down and write it to another, nor,
if we did, would an immortality be awarded to the letter. If one of
us were to lose his all—as Cicero lost his all when he was
sent into exile—I think it might well be that he should for a
time be unmanned; but he would either not write, or, in writing,
would hide much of his feelings. On losing his Tullia, some father
of to-day <span class='pagenum'><a name="Page_168" id=
"Page_168">168</a></span>would keep it all in his heart, would
not maunder out his sorrows. Even with our truest love for our
friends, some fear is mingled which forbids the use of open words.
Whether this be for good or for evil I will not say, but it is so.
Cicero, whether he did or did not know that his letters would live,
was impeded by no such fear. He said everything that there was
within him—being in this, I should say, quite as unlike to
other Romans of the day as he was to ourselves. In the collection
as it has come to us there are about fifty letters—not from
Cicero—written to Cicero by his brother, by Decimus Brutus,
by Plancus, and others. It will, I think, be admitted that their
tone is quite different from that used by himself. There are none,
indeed, from Atticus—none written under terms of such easy
friendship as prevailed when many were written by Cicero himself.
It will probably be acknowledged that his manner of throwing
himself open to his correspondent was peculiar to him. If this be
so, he should surely have the advantage as well as the disadvantage
of his own mode of utterance. The reader who allows himself to
think that the true character of the man is to be read in the
little sly things he said to Atticus, but that the nobler ideas
were merely put forth to cajole the public, is as unfair to himself
as he is to Cicero.</p>
<p>In reading the entire correspondence—the letters from
Cicero either to Atticus or to others—it has to be remembered
that in the ordinary arrangement of them made by Grævius<a name=
"FNanchor_138_138" id="FNanchor_138_138"></a><a href=
"#Footnote_138_138" class="fnanchor">138</a> they are often
incorrectly paced in regard to chronology. In subsequent times
efforts have been made to restore them to their proper position,
and so they should be read. The letters to Atticus and those Ad
Diversos have generally been published separately. For the ordinary
purpose of literary pleasure they may perhaps be best read in that
way. The tone of <span class='pagenum'><a name="Page_169" id=
"Page_169">169</a></span>them is different. The great bulk of
the correspondence is political, or quasi-political. The manner is
much more familiar, much less severe—though not on that
account indicating less seriousness—in those written to
Atticus than in the others. With one or two signal exceptions,
those to Atticus are better worth reading. The character of the
writer may perhaps be best gathered from divided perusal; but for a
general understanding of the facts of Cicero's life, the whole
correspondence should be taken as it was written. It has been
published in this shape as well as in the other, and will be used
in this shape in my effort to portray the life of him who wrote
them.<a name="FNanchor_139_139" id="FNanchor_139_139"></a><a href=
"#Footnote_139_139" class="fnanchor">139</a></p>
<div class="sidenote"><span class="smcap">b.c.</span> 68,
<i>ætat</i> 39.</div>
<p>We have three letters written when he was thirty-eight, in the
year after his Ædileship. In the first he tells his friend of the
death of his cousin, Lucius Cicero, who had travelled with him into
Sicily, and alludes to the disagreements which had taken place
between Pomponia, the sister of Atticus, and her husband, Quintus
Cicero—our Cicero's brother. Marcus, in all that he says of
his brother, makes the best of him. That Quintus was a scholar and
a man of parts there can be no doubt; one, too, who rose to high
office in the Republic. But he was arrogant, of harsh temper, cruel
to those dependent on him, and altogether unimbued with the
humanity which was the peculiar characteristic of his brother.
"When <span class='pagenum'><a name="Page_170" id="Page_170">
170</a></span>I found him to be in the wrong," says Cicero, in his
first letter, "I wrote to him as to a brother whom I loved; but as
to one younger than myself, and whom I was bound to tell of his
fault." As is usual with correspondents, half the letter is taken
up with excuses for not writing sooner; then he gives commissions
for the purchase of statues for his Tusculan villa, of which we now
hear for the first time, and tells his friend how his wife,
Terentia, sends her love, though she is suffering from the gout.
Tullia also, the dear little Tullia, "deliciæ nostræ,"<a name=
"FNanchor_140_140" id="FNanchor_140_140"></a><a href=
"#Footnote_140_140" class="fnanchor">140</a>sends her love. In
the next, he says how a certain house which Atticus had intended to
purchase had been secured by Fonteius for 130,000
sesterces—something over £1000, taking the sesterce at
2 <i>d</i>. This no doubt was part of the plunder which Fonteius
had taken from the Gauls. Quintus is getting on better with his
wife. Then he tells his friend very abruptly that his father died
that year on the eighth day before the kalends of December—on
the 24th of November. Some question as to the date of the old man's
death had probably been asked. He gives further commissions as to
statues, and declares of his Tusculan villa that he is happy only
when he is there. In the third letter he promises that he will be
ready to pay one Cincius £170 on a certain day, the price
probably of more statues, and gives orders to his friend as to the
buying of books. "All my prospect of enjoying myself at my ease
depends on your goodness." These were the letters he wrote when he
had just ceased to be Ædile.</p>
<p>From the next two years five letters remain to us, chiefly
noticeable from the continued commissions given by Cicero to
Atticus for statues. Statues and more statues are wanted as
ornaments for his Tusculanum. Should there be more than <span
class='pagenum'><a name="Page_171" id="Page_171">
171</a></span>are needed for that villa, he will begin to decorate
another that he has, the Formianum, near Caieta. He wants whatever
Atticus may think proper for his "palæstra" and "gymnasium."
Atticus has a library or collection of maps for sale, and Cicero
engages to buy them, though it seems that he has not at present
quite got the money. He reserves, he says, all his little
comings-in, "vindemiolas"—what he might make by selling his
grapes as a lady in the country might get a little income from her
spare butter—in order that he may have books as a resource
for his old age. Again, he bids Atticus not to be afraid but what
he, Cicero, will be able to buy them some day—which if he can
do he will be richer than Crassus, and will envy no one his
mansions or his lawns. He also declares that he has betrothed
Tullia, then ten years old, to Caius Piso, son of Lucius Piso
Frugi. The proposed marriage, which after three years of betrothal
was duly solemnized, was considered to be in all respects
desirable. Cicero thought very highly of his son-in-law, who was
related to Calpurnius Piso, one of the Consuls of that year. So far
everything was going well with our orator.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 67,
<i>ætat</i> 40</div>
<p>He was then candidate for the Prætorship, and was elected
first, as has been already said. It was in that year, too that a
law was passed in Rome, at the instance of one Gabinius, a tribune,
authorizing Pompey to exterminate the pirates in the Mediterranean,
and giving him almost unlimited power for this object. Pompey was
not, indeed, named in this law. A single general, one who had been
Consul, was to be approved by the Senate, with exclusive command by
sea and for fifty miles on shore. He was to select as his own
officers a hitherto unheard-of number, all of senatorial rank. It
was well understood when the law was worded that Pompey alone could
fill the place. The Senate opposed the scheme with all its power,
although, seven years before, it had acknowledged the necessity of
some measure for extirpating the pirates. But jealousies prevailed,
and the Senate was afraid of <span class='pagenum'><a name=
"Page_172" id="Page_172">172</a></span>Pompey. Gabinius,
however, carried his law by the votes of the people, and Pompey was
appointed.</p>
<p>Nothing tells us more clearly the wretched condition of things
in Rome at this time than this infliction of pirates, under which
their commerce was almost destroyed. Sulla had re-established the
outside show of a strong government—a government which was
strong enough to enable rich men to live securely in Rome; but he
had done nothing to consolidate the Empire. Even Lucullus in the
East had only partially succeeded, leaving Mithridates still to be
dealt with by Pompey. Of what nature was the government of the
provinces under Sulla's aristocracy we learn from the trials of
Verres, and of Fonteius, and of Catiline. The Mediterranean swarmed
with pirates, who taught themselves to think that they had nothing
to fear from the hands of the Romans. Plutarch declares to
us—no doubt with fair accuracy, because the description has
been admitted by subsequent writers—how great was the horror
of these depredations.<a name="FNanchor_141_141" id=
"FNanchor_141_141"></a><a href="#Footnote_141_141" class=
"fnanchor">141</a> It is marvellous to us <span class=
'pagenum'><a name="Page_173" id="Page_173">173</a></span>now
that this should have been allowed—marvellous that pirates
should reach such a pitch of importance that Verres had found it
worth his while to sacrifice Roman citizens in their place. Pompey
went forth with his officers, his fleets, and his money, and
cleared the Mediterranean in forty days, as Plutarch says. Floras
tells us that not a ship was lost by the Romans, and not a pirate
left on the seas.<a name="FNanchor_142_142" id=
"FNanchor_142_142"></a><a href="#Footnote_142_142" class=
"fnanchor">142</a></p>
<p>In the history of Rome at this time we find men of mark whose
characters, as we read, become clear to us, or appear to become
clear. Of Marius and of Sulla we have a defined idea. Cæsar,
with his imperturbable courage, absence of scruples, and assurance
of success, comes home to us. Cicero, I think, we certainly may
understand. Catiline, Cato, Antony, and Brutus have left their
portraits with us. Of Pompey I must acknowledge for myself that I
have but a vague conception. His wonderful successes seem to have
been produced by so very little power of his own! He was not
determined and venomous as was Marius; not cold-blooded and
ruthless as was Sulla; certainly not confident as was Cæsar;
not humane as was Cicero; not passionate as Catiline; not stoic as
was Cato; not reckless as was Antony, nor wedded to the idea of an
oligarchy as was Brutus. Success came in his way, and he found
it—found it again and again, till fortune seemed to have
adopted him. Success lifted him higher and higher, till at last it
seemed to him that he must be a Sulla whether he would or no.<a
name="FNanchor_143_143" id="FNanchor_143_143"></a><a href=
"#Footnote_143_143" class="fnanchor">143</a> <span class=
'pagenum'><a name="Page_174" id="Page_174">174</a></span>But
he could not endure the idea of a rival Sulla. I doubt whether
ambition would have prompted him to fight for the empire of the
Republic, had he not perceived that that empire would fall into
Cæsar's hands did he not grasp it himself. It would have
satisfied him to let things go, while the citizens called him
"Magnus," and regarded him as the man who could do a great thing if
he would, if only no rivalship had been forced upon him.
Cæsar did force it on him, and then, as a matter of course,
he fell. He must have understood warfare from his youth upward,
knowing well the purposes of a Roman legion and of Roman
auxiliaries. He had destroyed Sertorius in Spain, a man certainly
greater than himself, and had achieved the honor of putting an end
to the Servile war when Spartacus, the leader of the slaves and
gladiators, had already been killed. He must have appreciated at
its utmost the meaning of those words, "Cives Romanus." He was a
handsome man, with good health, patient of labor, not given to
luxury, reticent, I should say ungenerous, and with a strong touch
of vanity; a man able to express but unable to feel friendship;
with none of the highest attributes of manhood, but with all the
second-rate attributes at their best; a capable, brave man, but one
certain to fall crushed beneath the heel of such a man as
Cæsar, and as certain to leave such a one as Cicero in the
lurch.</p>
<p>It is necessary that the reader should attempt to realize to
himself the personal characteristics of Pompey, as from this time
forward Cicero's political life—and his life now became
altogether political—was governed by that of Pompey. That
this was the case to a great extent is certain—to a sad
extent, I think. The two men were of the same age; but Pompey had
become a general among soldiers before Cicero had ceased to be a
pupil among advocates. As Cicero was making his way toward the
front, Pompey was already the first among Romans. <span class=
'pagenum'><a name="Page_175" id="Page_175">175</a></span>He
had been Consul seven years before his proper time, and had lately,
as we have seen, been invested with extraordinary powers in that
matter of putting down the pirates. In some sort the mantle of
Sulla had fallen upon him. He was the leader of what we may call
the conservative party. If, which I doubt, the political governance
of men was a matter of interest to him, he would have had them
governed by oligarchical forms. Such had been the forms in Rome, in
which, though the votes of the people were the source of all power,
the votes hardly went further than the selection of this or that
oligarch. Pompey no doubt felt the expediency of maintaining the
old order of things, in the midst of which he had been born to high
rank, and had achieved the topmost place either by fortune or by
merit. For any heartfelt conviction as to what might be best for
his country or his countrymen, in what way he might most surely use
his power for the good of the citizens generally, we must, I think,
look in vain to that Pompey whom history has handed down to us.
But, of all matters which interested Cicero, the governance of men
interested him the most. How should the great Rome of his day rise
to greater power than ever, and yet be as poor as in the days of
her comparative insignificance? How should Rome be ruled so that
Romans might be the masters of the world, in mental gifts as well
as bodily strength, in arts as well as in arms—as by valor,
so by virtue? He, too, was an oligarch by strongest conviction. His
mind could conceive nothing better than Consuls, Prætors, Censors,
Tribunes, and the rest of it; with, however, the stipulation that
the Consuls and the Prætors should be honest men. The condition
was no doubt an impossible one; but this he did not or would not
see. Pompey himself was fairly honest. Up to this time he had shown
no egregious lust for personal power. His hands were clean in the
midst of so much public plunder. He was the leader of the
conservative party. The "Optimates," or "Boni," as Cicero
indifferently calls them—meaning, as we should say, the upper
classes, who were minded to stand by <span class='pagenum'><a name=
"Page_176" id="Page_176">176</a></span>their
order—believed in him, though they did not just at that time
wish to confide to him the power which the people gave him. The
Senate did not want another Sulla; and yet it was Sulla who had
reinstated the Senate. The Senate would have hindered Pompey, if it
could, from his command against the pirates, and again from his
command against Mithridates. But he, nevertheless, was naturally
their head, as came to be seen plainly when, seventeen years
afterward, Cæsar passed the Rubicon, and Cicero in his heart
acknowledged Pompey as his political leader while Pompey lived.
This, I think, was the case to a sad extent, as Pompey was
incapable of that patriotic enthusiasm which Cicero demanded. As we
go on we shall find that the worst episodes in Cicero's political
career were created by his doubting adherence to a leader whom he
bitterly felt to be untrue to himself, and in whom his trust became
weaker and weaker to the end.</p>
<p>Then came Cicero's Prætorship. In the time of Cicero there were
eight Prætors, two of whom were employed in the city, and the six
others in the provinces. The "Prætor Urbanus" was confined to the
city, and was regarded as the first in authority. This was the
office filled by Cicero. His duty was to preside among the judges,
and to name a judge or judges for special causes.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 66,
<i>ætat</i> 41.</div>
<p>Cicero at this time, when he and Pompey were forty or forty-one,
believed thoroughly in Pompey. When the great General was still
away, winding up the affairs of his maritime war against the
pirates, there came up the continually pressing question of the
continuation of the Mithridatic war. Lucullus had been absent on
that business nearly seven years, and, though he had been at first
grandly victorious, had failed at last. His own soldiers, tired of
their protracted absence, mutinied against him, and Glabrio, a
later Consul, who had been sent to take the command out of his
hands, had feared to encounter the difficulty. It was essential
that something should be done, and one Manilius, a Tribune, a man
of no repute <span class='pagenum'><a name="Page_177" id=
"Page_177">177</a></span>himself, but whose name has descended
to all posterity in the oration Pro Lege Manilia, proposed to the
people that Pompey should have the command. Then Cicero first
entered, as we may say, on political life. Though he had been
Quæstor and Ædile, and was now Prætor, he had taken a part only
in executive administration. He had had his political ideas, and
had expressed them very strongly in that matter of the judges,
which, in the condition of Rome, was certainly a political question
of great moment. But this he had done as an advocate, and had
interfered only as a barrister of to-day might do, who, in arguing
a case before the judges, should make an attack on some alleged
misuse of patronage. Now, for the first time, he made a political
harangue, addressing the people in a public meeting from the
rostra. This speech is the oration Pro Lego Manilia. This he
explains in his first words. Hitherto his addresses had been to the
judges—Judices; now it is to the people—Quirites:
"Although, Quirites, no sight has ever been so pleasant to me as
that of seeing you gathered in crowds—although this spot has
always seemed to me the fittest in the world for action and the
noblest for speech—nevertheless, not my own will, indeed,
but the duties of the profession which I have followed from my
earliest years have hitherto hindered me from entering upon this
the best path to glory which is open to any good man." It is only
necessary for our purpose to say, in reference to the matter in
question, that this command was given to Pompey in opposition to
the Senate.</p>
<p>As to the speech itself, it requires our attention on two
points. It is one of those choice morsels of polished Latinity
which have given to Cicero the highest rank among literary men, and
have, perhaps, made him the greatest writer of prose which the
world has produced. I have sometimes attempted to make a short list
of his <i>chefs d'œuvre</i>—of his tidbits, as I must say,
if I am bound to express myself in English. The list would never
allow itself to be short, and so has become almost impossible; but,
whenever the attempt has been made, this short oration in its <span
class='pagenum'><a name="Page_178" id="Page_178">
178</a></span>integrity has always been included in it. My space
hardly permits me to insert specimens of the author's style, but I
will give in an appendix<a name="FNanchor_144_144" id=
"FNanchor_144_144"></a><a href="#Footnote_144_144" class=
"fnanchor">144</a> two brief extracts as specimens of the beauty
of words in Latin. I almost fancy that if properly read they would
have a grace about them even to the ears of those to whom Latin is
unknown. I venture to attach to them in parallel columns my own
translation, acknowledging in despair how impossible I have found
it to catch anything of the rhythm of the author. As to the beauty
of the language I shall probably find no opponent. But a serious
attack has been made on Cicero's character, because it has been
supposed that his excessive praise was lavished on Pompey with a
view of securing the great General's assistance in his candidature
for the Consulship. Even Middleton repeats this accusation, and
only faintly repels it. M. Du Rozoir, the French critic, declares
that "in the whole oration there is not a word which was not
dictated to Cicero the Prætor by his desire to become Consul, and
that his own elevation was in his thoughts all through, and not
that of Pompey." The matter would be one to us but of little
moment, were it not that Cicero's character for honesty as a
politician depends on the truth or falsehood of his belief in
Pompey. Pompey had been almost miraculously fortunate up to this
period of his life's career. He had done infinitely valuable
service to the State. He had already crushed the pirates. There was
good ground for believing that in his hands the Roman arms would be
more efficacious against Mithridates than in those of any other
General. All that Cicero says on this head, whatever might have
been his motive for saying it, was at any rate true.</p>
<p>A man desirous of rising in the service of his country of course
adheres to his party. That Cicero was wrong in supposing that the
Republic, which had in fact already fallen, could be re-established
by the strength of any one man, could be bolstered <span class=
'pagenum'><a name="Page_179" id="Page_179">179</a></span>up by
any leader, has to be admitted; that in trusting to Pompey as a
politician he leaned on a frail reed I admit; but I will not admit
that in praising the man he was hypocritical or unduly
self-seeking. In our own political contests, when a subordinate
member of the Cabinet is zealously serviceable to his chief, we do
not accuse him of falsehood because by that zeal he has also
strengthened his own hands. How shall a patriot do the work of his
country unless he be in high place? and how shall he achieve that
place except by co-operation with those whom he trusts? They who
have blamed Cicero for speaking on behalf of Pompey on this
occasion, seem to me to ignore not only the necessities but the
very virtues of political life.</p>
<p>One other remarkable oration Cicero made during his
Prætorship—that, namely, in defence of Aulus Cluentius
Habitus. As it is the longest, so is it the most intricate, and on
account of various legal points the most difficult to follow of all
his speeches. But there are none perhaps which tell us more of the
condition, or perhaps I should say the possibilities, of life among
the Romans of that day. The accusation against Roscius Amerinus was
accompanied by horrible circumstances. The iniquities of Verres, as
a public officer who had the power of blessing or of cursing a
whole people, were very terrible; but they do not shock so much as
the story here told of private life. That any man should have lived
as did Oppianicus, or any woman as did Sassia, seems to prove a
state of things worse than anything described by Juvenal a hundred
and fifty years later. Cicero was no doubt unscrupulous as an
advocate, but he could have gained nothing here by departing from
verisimilitude. We must take the picture as given us as true, and
acknowledge that, though law processes were common, crimes such as
those of this man and of this woman were not only possible, but
might be perpetrated with impunity. The story is too long and
complicated to be even abridged; but it should be read by those who
wish to know <span class='pagenum'><a name="Page_180" id=
"Page_180">180</a></span>the condition of life in Italy during
the latter days of the Republic.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 65,
ætat 42.</div>
<p>In the year after he was Prætor—in the first of the two
years between his Prætorship and Consulship, <span class=
"smcap">b.c.</span> 65—he made a speech in defence of one
Caius Cornelius, as to which we hear that the pleadings in the case
occupied four days. This, with our interminable "causes
célèbres," does not seem much to us, but Cicero's own
speech was so long that in publishing it he divided it into two
parts. This Cornelius had been Tribune in the year but one before,
and was accused of having misused his power when in office. He had
incurred the enmity of the aristocracy by attempts made on the
popular side to restrain the Senate; especially by the stringency
of a law proposed for stopping bribery at elections. Cicero's
speeches are not extant. We have only some hardly intelligible
fragments of them, which were preserved by Asconius,<a name=
"FNanchor_145_145" id="FNanchor_145_145"></a><a href=
"#Footnote_145_145" class="fnanchor">145</a> a commentator on
certain of Cicero's orations; but there is ground for supposing
that these Cornelian orations were at the time matter of as great
moment as those spoken against Verres, or almost as those spoken
against Catiline. Cicero defended Cornelius, who was attacked by
the Senate—by the rich men who desired office and the
government of provinces. The law proposed for the restriction of
bribery at elections no doubt attempted to do more by the severity
of its punishment than can be achieved by such means: it was
mitigated, but was still admitted by Cicero to be too rigorous. The
rancor of the Senate against Cornelius seems to have been due to
<span class='pagenum'><a name="Page_181" id="Page_181">
181</a></span>this attempt; but the illegality with which he was
charged, and for which he was tried, had reference to another law
suggested by him—for restoring to the people the right of
pardon which had been usurped by the Senate. Caius Cornelius seems
to have been a man honest and eager in his purpose to save the
Republic from the greed of the oligarchs, but—as had been the
Gracchi—ready in his eagerness to push his own authority too
far in his attempt to restrain that of the Senate. A second
Tribune, in the interest of the Senate, attempted to exercise an
authority which undoubtedly belonged to him, by inhibiting the
publication or reading of the proposed law. The person whose duty
it was to read it was stopped; then Cornelius pushed aside the
inferior officer, and read it himself. There was much violence, and
the men who brought the accusation about Cornelius—two
brothers named Cominii—had to hide themselves, and saved
their lives by escaping over the roofs of the houses.</p>
<p>This took place when Cicero was standing for the Prætorship,
and the confusion consequent upon it was so great that it was for
awhile impossible to carry on the election. In the year after his
Prætorship Cornelius was put upon his trial, and the two speeches
were made.</p>
<p>The matter seems to have been one of vital interest in Rome. The
contest on the part of the Senate was for all that made public life
dear to such a body. Not to bribe—not to be able to lay out
money in order that money might be returned ten-fold, a
hundred-fold—would be to them to cease to be aristocrats. The
struggles made by the Gracchi, by Livius Drusus, by others whose
names would only encumber us here, by this Cornelius, were the
expiring efforts of those who really desired an honest Republic.
Such were the struggles made by Cicero himself; though there was
present always to him an idea, with which, in truth, neither the
demagogues nor the aristocrats sympathized, that the reform could
be effected, not by depriving the Senate of its power, but by
teaching the Senate <span class='pagenum'><a name="Page_182" id=
"Page_182">182</a></span>to use it honestly. We can sympathize
with the idea, but we are driven to acknowledge that it was
futile.</p>
<p>Though we know that this was so, the fragments of the speeches,
though they have been made intelligible to us by the "argument" or
story of them prefixed by Asconius in his notes, cannot be of
interest to readers. They were extant in the time of Quintilian,
who speaks of them with the highest praise.<a name=
"FNanchor_146_146" id="FNanchor_146_146"></a><a href=
"#Footnote_146_146" class="fnanchor">146</a> Cicero himself
selects certain passages out of these speeches as examples of
eloquence or rhythm,<a name="FNanchor_147_147" id=
"FNanchor_147_147"></a><a href="#Footnote_147_147" class=
"fnanchor">147</a> thus showing the labor with which he composed
them, polishing them by the exercise of his ear as well as by that
of his intellect. We know from Asconius that this trial was
regarded at the time as one of vital interest.</p>
<p>We have two letters from Cicero written in the year after his
Prætorship, both to Atticus, the first of which tells us of his
probable competition for the Consulship; the second informs his
friend that a son is born to him—he being then forty-two
years old—and that he is thinking to undertake the defence of
Catiline, who was to be accused of peculation as Proprætor in
Africa. "Should he be acquitted," says Cicero, "I should hope to
have him on my side in the matter of my canvass. If he should be
convicted, I shall be able to bear that too." There were to be six
or seven candidates, of whom two, of course, would be chosen. It
would be much to Cicero "to run," as our phrase goes, with the one
who among his competitors <span class='pagenum'><a name="Page_183"
id="Page_183">183</a></span>would be the most likely to
succeed. Catiline, in spite of his then notorious
character—in the teeth of the evils of his government in
Africa—was, from his birth, his connections, and from his
ability, supposed to have the best chance. It was open to Cicero to
defend Catiline as he had defended Fonteius, and we know from his
own words that he thought of doing so. But he did not; nor did
Cicero join himself with Catiline in the canvassing. It is probable
that the nature of Catiline's character and intentions were now
becoming clearer from day to day. Catiline was tried and acquitted,
having, it is said, bribed the judges.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_184" id="Page_184">
184</a></span></p>
<h3><a name="CHAPTER_VIII" id="CHAPTER_VIII"></a><span class="smcap">Chapter VIII.</span></h3>
<h4><i>CICERO AS CONSUL.</i></h4>
<p>Hitherto everything had succeeded with Cicero. His fortune and
his fame had gone hand-in-hand. The good-will of the citizens had
been accorded to him on all possible occasions. He had risen
surely, if not quickly, to the top of his profession, and had so
placed himself there as to have torn the wreath from the brow of
his predecessor and rival, Hortensius. On no memorable occasion had
he been beaten. If now and then he had failed to win a cause in
which he was interested, it was as to some matter in which, as he
had said to Atticus in speaking of his contemplated defence of
Catiline, he was not called on to break his heart if he were
beaten. We may imagine that his life had been as happy up to this
point as a man's life may be. He had married well. Children had
been born to him, who were the source of infinite delight. He had
provided himself with houses, marbles, books, and all the
intellectual luxuries which well-used wealth could produce. Friends
were thick around him. His industry, his ability, and his honesty
were acknowledged. The citizens had given him all that it was in
their power to give. Now at the earliest possible day, with
circumstances of much more than usual honor, he was put in the
highest place which his country had to offer, and knew himself to
be the one man in whom his country at this moment trusted. Then
came the one twelve-month, the apex of his fortunes; and after
that, for the twenty years that followed, there fell upon him one
misery after another—one trouble on the head of another
trouble—so cruelly <span class='pagenum'><a name="Page_185"
id="Page_185">185</a></span>that the reader, knowing the
manner of the Romans, almost wonders that he condescended to
live.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 64,
<i>ætat</i> 43</div>
<p>He was chosen Consul, we are told, not by the votes but by the
unanimous acclamation of the citizens. What was the exact manner of
doing this we can hardly now understand. The Consuls were elected
by ballot, wooden tickets having been distributed to the people for
the purpose; but Cicero tells us that no voting tickets were used
in his case, but that he was elected by the combined voice of the
whole people.<a name="FNanchor_148_148" id=
"FNanchor_148_148"></a><a href="#Footnote_148_148" class=
"fnanchor">148</a> He had stood with six competitors. Of these it
is only necessary to mention two, as by them only was Cicero's life
affected, and as out of the six, only they seem to have come
prominently forward during the canvassing. These were Catiline the
conspirator, as we shall have to call him in dealing with his name
in the next chapter, and Caius Antonius, one of the sons of Marc
Antony, the great orator of the preceding age, and uncle of the
Marc Antony with whom we are all so well acquainted, and with whom
we shall have so much to do before we get to the end of this work.
Cicero was so easily the first that it may be said of him that he
walked over the course. Whether this was achieved by the
Machiavellian arts which his brother Quintus taught in his treatise
De Petitione Consulatus, or was attributable to his general
popularity, may be a matter of doubt. As far as we can judge from
the signs which remain to us of the public feeling of the period,
it seems that he was at this time regarded with singular affection
by his countrymen. He had robbed none, and had been cruel to no
one. He had already abandoned the profit of provincial government—to
which he was by custom entitled after the lapse <span
class='pagenum'><a name="Page_186" id="Page_186">
186</a></span>of his year's duty as Prætor—in order that he
might remain in Rome among the people. Though one of the Senate
himself—and full of the glory of the Senate, as he had
declared plainly enough in that passage from one of the Verrine
orations which I have quoted—he had generally pleaded on the
popular side. Such was his cleverness, that even when on the
unpopular side—as he may be supposed to have been when
defending Fonteius—he had given a popular aspect to the cause
in hand. We cannot doubt, judging from the loud expression of the
people's joy at his election, that he had made himself beloved But,
nevertheless, he omitted none of those cares which it was expected
that a candidate should take. He made his electioneering speech "in
toga candida"—in a white robe, as candidates did, and were
thence so called. It has not come down to us, nor do we regret it,
judging from the extracts which have been collected from the notes
which Asconius wrote upon it. It was full of personal abuse of
Antony and Catiline, his competitors. Such was the practice of Rome
at this time, as it was also with us not very long since. We shall
have more than enough of such eloquence before we have done our
task. When we come to the language in which Cicero spoke of
Clodius, his enemy, of Piso and Gabinius, the Consuls who allowed
him to be banished, and of Marc Antony, his last great
opponent—the nephew of the man who was now his
colleague—we shall have very much of it. It must again be
pleaded that the foul abuse which fell from other lips has not been
preserved and that Cicero, therefore, must not be supposed to have
been more foul mouthed than his rivals. We can easily imagine that
he was more bitter than others, because he had more power to throw
into his words the meaning which he intended them to convey.</p>
<p>Antony was chosen as Cicero's colleague. It seems, from such
evidence as we are able to get on the subject, that Cicero trusted
Antony no better than he did Catiline, but, appreciating the wisdom
of the maxim, "divide et impera"—separate your <span class=
'pagenum'><a name="Page_187" id="Page_187">
187</a></span>enemies and you will get the better of them, which
was no doubt known as well then as now—he soon determined to
use Antony as his ally against Catiline, who was presumed to reckon
Antony among his fellow-conspirators. Sallust puts into the mouth
of Catiline a declaration to this effect,<a name="FNanchor_149_149"
id="FNanchor_149_149"></a><a href="#Footnote_149_149" class=
"fnanchor">149</a> and Cicero did use Antony for the purpose. The
story of Catiline's conspiracy is so essentially the story of
Cicero's Consulship, that I may be justified in hurrying over the
other events of his year's rule; but still there is something that
must be told. Though Catiline's conduct was under his eye during
the whole year, it was not till October that the affairs in which
we shall have to interest ourselves commenced.</p>
<p>Of what may have been the nature of the administrative work done
by the great Roman officers of State we know very little; perhaps I
might better say that we know nothing. Men, in their own diaries,
when they keep them, or even in their private letters, are seldom
apt to say much of those daily doings which are matter of routine
to themselves, and are by them supposed to be as little interesting
to others. A Prime-minister with us, were he as prone to reveal
himself in correspondence as was Cicero with his friend Atticus,
would hardly say when he went to the Treasury Chambers or what he
did when he got there. We may imagine that to a Cabinet Minister
even a Cabinet Council would, after many sittings, become a matter
of course. A leading barrister would hardly leave behind him a
record of his work in chambers. It has thus come to pass that,
though we can picture to ourselves a Cicero before the judges, or
addressing the people from the rostra, or uttering his opinion in
the Senate, we know nothing of him as he sat in his office and did
his consular work. We cannot but suppose <span class='pagenum'><a
name="Page_188" id="Page_188">188</a></span>that there must
have been an office with many clerks. There must have been heavy
daily work. The whole operation of government was under the
Consul's charge, and to Cicero, with a Catiline on his hands, this
must have been more than usually heavy. How he did it, with what
assistance, sitting at what writing-table, dressed in what robes,
with what surroundings of archives and red tape, I cannot make
manifest to myself. I can imagine that there must have been much of
dignity, as there was with all leading Romans, but beyond that I
cannot advance even in fancying what was the official life of a
Consul.</p>
<p>In the old days the Consul used, as a matter of course, to go
out and do the fighting. When there was an enemy here, or an enemy
there, the Consul was bound to hurry off with his army, north or
south, to different parts of Italy. But gradually this system
became impracticable. Distances became too great, as the Empire
extended itself beyond the bounds of Italy, to admit of the absence
of the Consuls. Wars prolonged themselves through many campaigns,
as notably did that which was soon to take place in Gaul under
Cæsar. The Consuls remained at home, and Generals were sent
out with proconsular authority. This had become so certainly the
case, that Cicero on becoming Consul had no fear of being called on
to fight the enemies of his country. There was much fighting then
in course of being done by Pompey in the East; but this would give
but little trouble to the great officers at home, unless it might
be in sending out necessary supplies.</p>
<p>The Consul's work, however, was severe enough. We find from his
own words, in a letter to Atticus written in the year but one after
his Consulship, 61 <span class="smcap">b.c.</span>, that as Consul
he made twelve public addresses. Each of them must have been a work
of labor, requiring a full mastery over the subject in hand, and an
arrangement of words very different in their polished perfection
from the generality of parliamentary speeches to which we are
accustomed. The getting up of his cases must have taken great time.
Letters went slowly and at a heavy cost. <span class='pagenum'><a
name="Page_189" id="Page_189">189</a></span>Writing must have
been tedious when that most common was done with a metal point on
soft wax. An advocate who was earnest in a case had to do much for
himself. We have heard how Cicero made his way over to Sicily,
creeping in a little boat through the dangers prepared for him, in
order that he might get up the evidence against Verres. In
defending Aulus Cluentius when he was Prætor, Cicero must have
found the work to have been immense. In preparing the attack upon
Catiline it seems that every witness was brought to himself. There
were four Catiline speeches made in the year of his Consulship, but
in the same year many others were delivered by him. He mentions,
as we shall see just now, twelve various speeches
made in the year of his Consulship.</p>
<p>I imagine that the words spoken can in no case have been
identical with those which have come to us—which were, as we
may say, prepared for the press by Tiro, his slave and secretary.
We have evidence as to some of them, especially as to the second
Catiline oration, that time did not admit of its being written and
learned by heart after the occurrence of the circumstances to which
it alludes. It needs must have been extemporary, with such mental
preparation as one night may have sufficed to give him. How the
words may have been taken down in such a case we do not quite know;
but we are aware that short-hand writers were employed, though
there can hardly have been a science of stenography perfected as is
that with us.<a name="FNanchor_150_150" id=
"FNanchor_150_150"></a><a href="#Footnote_150_150" class=
"fnanchor">150</a> The words which we read were probably much
polished before they were published, but how far this was done we
do not know. What we do know is that the words which <span class=
'pagenum'><a name="Page_190" id="Page_190">190</a></span>he
spoke moved, convinced, and charmed those who heard them, as do the
words we read move, convince and charm us. Of these twelve consular
speeches Cicero gives a special account to his friend. "I will send
you," he says, "the speechlings<a name="FNanchor_151_151" id=
"FNanchor_151_151"></a><a href="#Footnote_151_151" class=
"fnanchor">151</a> which you require, as well as some others,
seeing that those which I have written out at the request of a few
young men please you also. It was an advantage to me here to follow
the example of that fellow-citizen of yours in those orations which
he called his Philippics. In these he brightened himself up, and
discarded his 'nisi prius' way of speaking, so that he might
achieve something more dignified, something more statesman-like. So
I have done with these speeches of mine which may be called
'consulares,'" as having been made not only in his consular year
but also with something of consular dignity. "Of these, one, on the
new land laws proposed, was spoken in the Senate on the kalends of
January. The second, on the same subject, to the people. The third
was respecting Otho's law.<a name="FNanchor_152_152" id=
"FNanchor_152_152"></a><a href="#Footnote_152_152" class=
"fnanchor">152</a> The fourth was in defence of Rabirius.<a name=
"FNanchor_153_153" id="FNanchor_153_153"></a><a href=
"#Footnote_153_153" class="fnanchor">153</a> The fifth was in
reference to the children of those who had lost their property and
their rank under Sulla's proscription.<a name="FNanchor_154_154"
id="FNanchor_154_154"></a><a href="#Footnote_154_154" class=
"fnanchor">154</a> The sixth was an address to the people, and
explained <span class='pagenum'><a name="Page_191" id=
"Page_191">191</a></span>why I renounced my provincial
government.<a name="FNanchor_155_155" id="FNanchor_155_155"></a><a
href="#Footnote_155_155" class="fnanchor">155</a> The seventh
drove Catiline out of the city. The eighth was addressed to the
people the day after Catiline fled. The ninth was again spoken to
the people, on the day on which the Allobroges gave their evidence.
Then, again, the tenth was addressed to the Senate on the fifth of
December"—also respecting Catiline. "There are also two short
supplementary speeches on the Agrarian war. You shall have the
whole body of them. As what I write and what I do are equally
interesting to you, you will gather from the same documents all my
doings and all my sayings."</p>
<p>It is not to be supposed that in this list are contained all the
speeches which he made in his consular year, but those only which
he made as Consul—those to which he was desirous of adding
something of the dignity of statesmanship, something beyond the
weight attached to his pleadings as a lawyer. As an advocate,
Consul though he was, he continued to perform his work; from whence
we learn that no State dignity was so high as to exempt an
established pleader from the duty of defending his friends.
Hortensius, when Consul elect, had undertaken to defend Verres.
Cicero defended Murena when he was Consul. He defended C.
Calpurnius Piso also, who was accused, as were so many, of
proconsular extortion; but whether in this year or in the preceding
is not, I think, known.<a name="FNanchor_156_156" id=
"FNanchor_156_156"></a><a href="#Footnote_156_156" class=
"fnanchor">156</a> Of his <span class='pagenum'><a name=
"Page_192" id="Page_192">192</a></span>speech on that occasion
we have nothing remaining. Of his pleading for Murena we have, if
not the whole, the material part, and, though nobody cares very
much for Murena now, the oration is very amusing. It was made
toward the end of the year, on the 20th of November, after the
second Catiline oration, and before the third, at the very moment
in which Cicero was fully occupied with the evidence on which he
intended to convict Catiline's fellow-conspirators. As I read it I
am carried away by wonder, rather than admiration, at the energy of
the man who could at such a period of his life give up his time to
master the details necessary for the trial of Murena.</p>
<p>Early in the year Cicero had caused a law to be
passed—which, after him, was called the Lex
Tullia—increasing the stringency of the enactments against
bribery on the part of consular candidates. His intention had
probably been to hinder Catiline, who was again about to become a
candidate. But Murena, who was elected, was supposed to have been
caught in the meshes of the net, and also Silanus, the other Consul
designate. Cato, the man of stern nature, the great Stoic of the
day, was delighted to have an opportunity of proceeding against
some one, and not very sorry to attack Murena with weapons provided
from the armory of Murena's friend, Cicero. Silanus, however, who
happened to be cousin to Cato, was allowed to pass unmolested.
Sulpicius, who was one of the disappointed candidates, Cato, and
Postumius were the accusers. Hortensius, Crassus, and Cicero were
combined together for the defence of Murena. But as we read the
single pleading that has come to us, we feel that, unlike those
Roman trials generally, this was carried on without any acrimony on
either side. I think it must have been that Cato wished <span
class='pagenum'><a name="Page_193" id="Page_193">
193</a></span>to have an opportunity of displaying his virtue, but
it had been arranged that Murena was to be acquitted. Murena was
accused, among other things, of dancing! Greeks might dance, as we
hear from Cornelius Nepos,<a name="FNanchor_157_157" id=
"FNanchor_157_157"></a><a href="#Footnote_157_157" class=
"fnanchor">157</a> but for a Roman Consul it would be disgraceful
in the highest extreme. A lady, indeed, might dance, but not much.
Sallust tells us of Sempronia—who was, indeed, a very bad
female if all that he says of her be true—that she danced
more elegantly than became an honest woman.<a name=
"FNanchor_158_158" id="FNanchor_158_158"></a><a href=
"#Footnote_158_158" class="fnanchor">158</a> She was the wife of
a Consul. But a male Roman of high standing might not dance at all.
Cicero defends his friend by showing how impossible it
was—how monstrous the idea. "No man would dance unless drunk
or mad." Nevertheless, I imagine that Murena had danced.</p>
<p>Cicero seizes an opportunity of quizzing Cato for his stoicism,
and uses it delightfully. Horace was not more happy when, in
defence of Aristippus, he declared that any philosopher would turn
up his nose at cabbage if he could get himself asked to the tables
of rich men.<a name="FNanchor_159_159" id="FNanchor_159_159"></a><a
href="#Footnote_159_159" class="fnanchor">159</a> "There was one
Zeno," Cicero says, "who laid down laws. No wise man would forgive
any fault. No man worthy of the name of man would allow himself to
be pitiful. Wise men are beautiful, even though deformed; rich
though penniless; kings though they be slaves. We who are not wise
are mere exiles, runagates, enemies of our country, and madmen. Any
fault is an unpardonable crime. To kill an old cock, if you do not
want it, is as bad as to murder your father!"<a name=
"FNanchor_160_160" id="FNanchor_160_160"></a><a href=
"#Footnote_160_160" class="fnanchor">160</a> And these doctrines,
he goes on to say, which are used by most of us merely as something
<span class='pagenum'><a name="Page_194" id="Page_194">
194</a></span>to talk about, this man Cato absolutely believes,
and tries to live by them. I shall have to refer back to this when
I speak of Cicero's philosophy more at length; but his common-sense
crops up continually in the expressions which he uses for defending
the ordinary conditions of a man's life, in opposition to that
impossible superiority to mundane things which the philosophers
professed to teach their pupils. He turns to Cato and asks him
questions, which he answers himself with his own philosophy: "Would
you pardon nothing? Well, yes; but not all things. Would you do
nothing for friendship? Sometimes, unless duty should stand in the
way. Would you never be moved to pity? I would maintain my habit of
sincerity, but something must no doubt be allowed to humanity. It
is good to stick to your opinion, but only until some better
opinion shall have prevailed with you." In all this the humanity of
our Cicero, as opposed equally to the impossible virtue of a Cato
or the abominable vice of a Verres, is in advance of his age, and
reminds us of what Christ has taught us.</p>
<p>But the best morsel in the whole oration is that in which he
snubs the lawyers. It must be understood that Cicero did not pride
himself on being a lawyer. He was an advocate, and if he wanted law
there were those of an inferior grade to whom he could go to get
it. In truth, he did understand the law, being a man of deep
research, who inquired into everything. As legal points had been
raised, he thus addresses Sulpicius, who seems to have affected a
knowledge of jurisprudence, who had been a candidate for the
Consulship, and who was his own intimate friend: "I must put you
out of your conceit," he says; "it was your other gifts, not a
knowledge of the laws—your moderation, your wisdom, your
justice—which, in my opinion, made you worthy of being loved.
I will not say you threw away your time in studying law, but it was
not thus you made yourself worthy of the Consulship.<a name=
"FNanchor_161_161" id="FNanchor_161_161"></a><a href=
"#Footnote_161_161" class="fnanchor">161</a> <span class=
'pagenum'><a name="Page_195" id="Page_195">195</a></span>That
power of eloquence, majestic and full of dignity which has so often
availed in raising a man to the Consulship, is able by its words to
move the minds of the Senate and the people and the judges.<a name=
"FNanchor_162_162" id="FNanchor_162_162"></a><a href=
"#Footnote_162_162" class="fnanchor">162</a> But in such a poor
science as that of law what honor can there be? Its details are
taken up with mere words and fragments of words.<a name=
"FNanchor_163_163" id="FNanchor_163_163"></a><a href=
"#Footnote_163_163" class="fnanchor">163</a> They forget all
equity in points of law, and stick to the mere letter."<a name=
"FNanchor_164_164" id="FNanchor_164_164"></a><a href=
"#Footnote_164_164" class="fnanchor">164</a> He goes through a
presumed scene of chicanery, which, Consul as he was, he must have
acted before the judges and the people, no doubt to the extreme
delight of them all. At last he says, "Full as I am of business, if
you raise my wrath I will make myself a lawyer, and learn it all in
three days."<a name="FNanchor_165_165" id="FNanchor_165_165"></a><a
href="#Footnote_165_165" class="fnanchor">165</a> From these and
many other passages in Cicero's writings and speeches, and also
from Quintilian, we learn that a Roman advocate was by no means
the same as an English barrister. The science which he was supposed
to have learned was simply that of telling his story in effective
language. It no doubt came to pass that he had much to do in
getting up the details of his story—what we may call the
evidence—but he looked elsewhere, to men of another
profession, for his law. The "juris consultus" or the "juris
peritus" was the lawyer, and as such was regarded as being of much
less importance than the "patronus" or advocate, who stood before
the whole city and pleaded the cause. In this trial of Murena, who
was by trade a soldier, it suited Cicero to belittle lawyers and to
extol the army. When he is telling Sulpicius that it was not by
being a lawyer that a man could become Consul, he goes on to praise
the high dignity of his client's profession. "The greatest glory is
achieved by those who excel in battle. All our empire, all our
republic, is defended and made strong by them."<a name=
"FNanchor_166_166" id="FNanchor_166_166"></a><a href=
"#Footnote_166_166" class="fnanchor">166</a> It was thus that the
advocate could speak! This comes from the man who always <span
class='pagenum'><a name="Page_196" id="Page_196">
196</a></span>took glory to himself in declaring that the "toga"
was superior to helmet and shield. He had already declared that
they erred who thought that they were going to get his own private
opinion in speeches made in law courts.<a name="FNanchor_167_167"
id="FNanchor_167_167"></a><a href="#Footnote_167_167" class=
"fnanchor">167</a> He knew how to defend his friend Murena, who
was a soldier, and in doing so could say very sharp things, though
yet in joke, against his friend Sulpicius, the lawyer. But in truth
few men understood the Roman law better than did Cicero.</p>
<p>But we must go back to that agrarian law respecting which, as he
tells us, four of his consular speeches were made. This had been
brought forward by Rullus, one of the Tribunes, toward the end of
the last year. The Tribunes came into office in December, whereas
at this period of the Republic the Consuls were in power only on
and from January 1st. Cicero, who had been unable to get the
particulars of the new law till it had been proclaimed, had but a
few days to master its details. It was, to his thinking, altogether
revolutionary. We have the words of many of the clauses; and though
it is difficult at this distance of time to realize what would have
been its effect, I think we are entitled to say that it was
intended to subvert all property. Property, speaking of it
generally, cannot be destroyed The land remains, and the combined
results of man's industry are too numerous, too large, and too
lasting to become a wholesale prey to man's anger or madness. Even
the elements when out of order can do but little toward perfecting
destruction. A deluge is wanted—or that crash of doom which,
whether it is to come or not, is believed by the world to be very
distant. But it is within human power to destroy possession, and
redistribute the goods which industry, avarice, or perhaps
injustice has congregated. They who own property are in these days
so much stronger than those who have none, that an idea of any such
redistribution does not create much alarm among the possessors. The
spirit of <span class='pagenum'><a name="Page_197" id=
"Page_197">197</a></span>communism does not prevail among
people who have learned that it is, in truth, easier to earn than
to steal. But with the Romans political economy had naturally not
advanced so far as with us. A subversion of property had to a great
extent taken place no later than in Sulla's time. How this had been
effected the story of the property of Roscius Amerinus has
explained to us. Under Sulla's enactments no man with a house, with
hoarded money, with a family of slaves, with rich ornaments, was
safe. Property had been made to change hands recklessly,
ruthlessly, violently, by the illegal application of a law
promulgated by a single individual, who, however, had himself been
instigated by no other idea than that of re-establishing the
political order of things which he approved. Rullus, probably with
other motives, was desirous of effecting a subversion which, though
equally great, should be made altogether in a different direction.
The ostensible purpose was something as follows: as the Roman
people had by their valor and wisdom achieved for Rome great
victories, and therefore great wealth, they, as Roman citizens,
were entitled to the enjoyment of what they had won; whereas, in
fact, the sweets of victory fell to the lot only of a few
aristocrats. For the reform of this evil it should be enacted that
all public property which had been thus acquired, whether land or
chattels, should be sold, and with the proceeds other lands should
be bought fit for the use of Roman citizens, and be given to those
who would choose to have it. It was specially suggested that the
rich country called the Campania—that in which Naples now
stands with its adjacent isles—should be bought up and given
over to a great Roman colony. For the purpose of carrying out this
law ten magistrates should be appointed, with plenipotentiary power
both as to buying and selling. There were many underplots in this.
No one need sell unless he chose to sell; but at this moment much
land was held by no other title than that of Sulla's proscriptions.
The present possessors were in daily fear of dispossession, by some
new law made <span class='pagenum'><a name="Page_198" id=
"Page_198">198</a></span>with the object of restoring their
property to those who had been so cruelly robbed. These would be
very glad to get any price in hand for land of which their tenure
was so doubtful; and these were the men whom the "decemviri," or
ten magistrates, would be anxious to assist. We are told that the
father-in-law of Rullus himself had made a large acquisition by his
use of Sulla's proscriptions. And then there would be the
instantaneous selling of the vast districts obtained by conquest
and now held by the Roman State. When so much land would be thrown
into the market it would be sold very cheap and would be sold to
those whom the "decemviri" might choose to favor. We can hardly now
hope to unravel all the intended details, but we may be sure that
the basis on which property stood would have been altogether
changed by the measure. The "decemviri" were to have plenary power
for ten years. All the taxes in all the provinces were to be sold,
or put up to market. Everything supposed to belong to the Roman
State was to be sold in every province, for the sake of collecting
together a huge sum of money, which was to be divided in the shape
of land among the poorer Romans. Whatever may have been the private
intentions of Rullus, whether good or bad, it is evident, even at
this distance of time, that a redistribution of property was
intended which can only be described as a general subversion. To
this the new Consul opposed himself vehemently, successfully, and,
we must needs say, patriotically.</p>
<p>The intense interest which Cicero threw into his work is as
manifest in these agrarian orations as in those subsequently made
as to the Catiline conspiracy. He ascends in his energy to a
dignity of self-praise which induces the reader to feel that a man
who could so speak of himself without fear of contradiction had a
right to assert the supremacy of his own character and intellect.
He condescends, on the other hand, to a virulence of personal abuse
against Rullus which, though it is to our taste offensive, is, even
to us, persuasive, making us feel that <span class='pagenum'><a
name="Page_199" id="Page_199">199</a></span>such a man should
not have undertaken such a work. He is describing the way in which
the bill was first introduced: "Our Tribunes at last enter upon
their office. The harangue to be made by Rullus is especially
expected. He is the projector of the law, and it was expected that
he would carry himself with an air of special audacity. When he was
only Tribune elect he began to put on a different countenance, to
speak with a different voice, to walk with a different step. We all
saw how he appeared with soiled raiment, with his person uncared
for, and foul with dirt, with his hair and beard uncombed and
untrimmed."<a name="FNanchor_168_168" id="FNanchor_168_168"></a><a
href="#Footnote_168_168" class="fnanchor">168</a> In Rome men
under afflictions, particularly if under accusation, showed
themselves in soiled garments so as to attract pity, and the
meaning here is that Rullus went about as though under grief at the
condition of his poor fellow-citizens, who were distressed by the
want of this agrarian law. No description could be more likely to
turn an individual into ridicule than this of his taking upon
himself to represent in his own person the sorrows of the city. The
picture of the man with the self-assumed garments of public woe, as
though he were big enough to exhibit the grief of all Rome, could
not but be effective. It has been supposed that Cicero was
insulting the Tribune because he was dirty. Not so. He was
ridiculing Rullus because Rullus had dared to go about in
mourning—"sordidatus"—on behalf of his country.</p>
<p>But the tone in which Cicero speaks of himself is magnificent.
It is so grand as to make us feel that a Consul of Rome, who had
the cares of Rome on his shoulders, was entitled to declare his own
greatness to the Senate and to the people. There are the two
important orations—that spoken first in the Senate, and then
the speech to the people from which I have already quoted the
passage personal to Rullus. In both of them he declares his own
idea of a Consul, and of himself as Consul. He has been speaking of
the effect of the proposed <span class='pagenum'><a name="Page_200"
id="Page_200">200</a></span>law on the revenues of the State,
and then proceeds: "But I pass by what I have to say on that matter
and reserve it for the people. I speak now of the danger which
menaces our safety and our liberty. For what will there be left to
us untouched in the Republic, what will remain of your authority
and freedom, when Rullus, and those whom you fear much more than
Rullus,<a name="FNanchor_169_169" id="FNanchor_169_169"></a><a
href="#Footnote_169_169" class="fnanchor">169</a> with this band
of ready knaves, with all the rascaldom of Rome, laden with gold
and silver, shall have seized on Capua and all the cities round? To
all this, Senators"—Patres conscripti he calls them—"I
will oppose what power I have. As long as I am Consul I will not
suffer them to carry out their designs against the Republic.</p>
<p>"But you, Rullus, and those who are with you, have been mistaken
grievously in supposing that you will be regarded as friends of the
people in your attempts to subvert the Republic in opposition to a
Consul who is known in very truth to be the people's friend I call
upon you, I invite you to meet me in the assembly. Let us have the
people of Rome as a judge between us. Let us look round and see
what it is that the people really desire. We shall find that there
is nothing so dear to them as peace and quietness and ease. You
have handed over the city to me full of anxiety, depressed with
fear, disturbed by these projected laws and seditious assemblies."
(It must be remembered that he had only on that very day begun his
Consulship) "The wicked you have filled with hope, the good with
fear. You have robbed the Forum of loyalty and the Republic of
dignity. But now, when in the midst of these troubles of mind and
body, when in this great darkness the voice and the authority of
the Consul has been heard by the people—when he shall have
made it plain that there is no cause <span class='pagenum'><a name=
"Page_201" id="Page_201">201</a></span>for fear, that no
strange army shall enroll itself, no bands collect themselves; that
there shall be no new colonies, no sale of the revenue, no altered
empire, no royal 'decemvirs,' no second Rome, no other centre of
rule but this; that while I am Consul there shall be perfect peace,
perfect ease—do you suppose that I shall dread the superior
popularity of your new agrarian law? Shall I, do you think, be
afraid to hold my own against you in an assembly of the citizens
when I shall have exposed the iniquity of your designs, the fraud
of this law, the plots which your Tribunes of the people, popular
as they think themselves, have contrived against the Roman people?
Shall I fear—I who have determined to be Consul after that
fashion in which alone a man may do so in dignity and freedom,
reaching to ask nothing for myself which any Tribune could object
to have given to me?"<a name="FNanchor_170_170" id=
"FNanchor_170_170"></a><a href="#Footnote_170_170" class=
"fnanchor">170</a></p>
<p>This was to the Senate, but he is bolder still when he addresses
the people. He begins by reminding them that it has always been the
custom of the great officers of state, who have enjoyed the right
of having in their houses the busts and images of their ancestors,
in their first speech to the people to join with thanks for the
favors done to themselves some records of the noble deeds done by
their forefathers. <a name="FNanchor_171_171" id=
"FNanchor_171_171"></a><a href="#Footnote_171_171" class=
"fnanchor">171</a> He, however, could do nothing of the kind: he
had no such right: none in his family had achieved such dignity. To
speak of himself might seem too proud, but to be silent would be
ungrateful. Therefore would he restrain himself, but would still
say something, so that he might acknowledge what he had received.
Then he would leave it for them to judge whether he had deserved
what they had done for him.</p>
<p>"It is long ago—almost beyond the memory of us now
here<span class='pagenum'><a name="Page_202" id="Page_202">
202</a></span>—since you last made a new man Consul.<a name=
"FNanchor_172_172" id="FNanchor_172_172"></a><a href=
"#Footnote_172_172" class="fnanchor">172</a> That high office the
nobles had reserved for themselves, and defended it, as it were,
with ramparts. You have secured it for me, so that in future it
shall be open to any who may be worthy of it. Nor have you only
made me a Consul, much as that is, but you have done so in such a
fashion that but few among the old nobles have been so treated, and
no new man—'novus ante me nemo.' I have, if you will think of
it, been the only new man who has stood for the Consulship in the
first year in which it was legal, and who has got it." Then he goes
on to remind them, in words which I have quoted before, that they
had elected him by their unanimous voices. All this, he says, had
been very grateful to him, but he had quite understood that it had
been done that he might labor on their behalf. That such labor was
severe, he declares. The Consulship itself must be defended. His
period of Consulship to any Consul must be a year of grave
responsibility, but more so to him than to any other. To him,
should he be in doubt, the great nobles would give no kind advice.
To him, should he be overtasked, they would give no assistance. But
the first thing he would look for should be their good opinion. To
declare now, before the people, that he would exercise his office
for the good of the people was his natural duty. But in that place,
in which it was difficult to speak after such a fashion, in the
Senate itself, on the very first day of his Consulship, he had
declared the same thing—"popularem me futurum esse
consulem."<a name="FNanchor_173_173" id="FNanchor_173_173"></a><a
href="#Footnote_173_173" class="fnanchor">173</a></p>
<p>The course he had to pursue was noble, but very difficult. He
desired, certainly, to be recognized as a friend of the people, but
he desired so to befriend them that he might support also at the
same time the power of the aristocracy. He still believed, as we
cannot believe now, that there was a residuum <span class=
'pagenum'><a name="Page_203" id="Page_203">203</a></span>of
good in the Senate sufficient to blossom forth into new powers of
honest government. When speaking to the oligarchs in the Senate of
Rullus and his land law, it was easy enough to carry them with him.
That a Consul should oppose a Tribune who was coming forward with a
"Lex agraria" in his hands, as the latest disciple of the Gracchi,
was not out of the common order of things. Another Consul would
either have looked for popularity and increased power of
plundering, as Antony might have done, or have stuck to his order,
as he would have called it—as might have been the case with
the Cottas, Lepiduses and Pisos of preceding years. But Cicero
determined to oppose the demagogue Tribune by proving himself to
the people to be more of a demagogue than he. He succeeded, and
Rullus with his agrarian law was sent back into darkness. I regard
the second speech against Rullus as the <i>ne plus ultra</i>, the
very <i>beau ideal</i> of a political harangue to the people on the
side of order and good government.</p>
<p>I cannot finish this chapter, in which I have attempted to
describe the lesser operations of Cicero's Consulship, without
again alluding to the picture drawn by Virgil of a great man
quelling the storms of a seditious rising by the gravity of his
presence and the weight of his words.<a name="FNanchor_174_174" id=
"FNanchor_174_174"></a><a href="#Footnote_174_174" class=
"fnanchor">174</a> The poet surely had in his memory some
occasion in which had taken place this great triumph of character
and intellect combined. When the knights, during Cicero's
Consulship essayed to take their privileged places in the public
theatre, in accordance with a law passed by Roscius Otho a few
years earlier (<span class="smcap">b.c.</span> 68), the founder of
the obnoxious law himself entered the building. The people, enraged
against a man who had interfered with them and their pleasures, and
who had brought them, as it were under new restraints from the
aristocracy, arose in a body and began to break everything that
came to hand. "Tum pietate gravem!" The Consul was sent for. He
called on the people to <span class='pagenum'><a name="Page_204"
id="Page_204">204</a></span>follow him out of the theatre to
the Temple of Bellona, and there addressed to them that wonderful
oration by which they were sent away not only pacified but in
good-humor with Otho himself. "Iste regit dictis animos et pectora
mulcet." I have spoken of Pliny's eulogy as to the great Consul's
doings of the year. The passage is short and I will translate it:<a
name="FNanchor_175_175" id="FNanchor_175_175"></a><a href=
"#Footnote_175_175" class="fnanchor">175</a> "But, Marcus
Tullius, how shall I reconcile it to myself to be silent as to you,
or by what special glory shall I best declare your excellence? How
better than by referring to the grand testimony given to you by the
whole nation, and to the achievements of your Consulship as a
specimen of your entire life? At your voice the tribes gave up
their agrarian law, which was as the very bread in their mouths. At
your persuasion they pardoned Otho his law and bore with good-humor
the difference of the seats assigned to them. At your prayer the
children of the proscribed forbore from demanding their rights of
citizenship. Catiline was put to flight by your skill and
eloquence. It was you who silenced<a name="FNanchor_176_176" id=
"FNanchor_176_176"></a><a href="#Footnote_176_176" class=
"fnanchor">176</a> M. Antony. Hail, thou who wert first addressed
as the father of your country—the first who, in the garb of
peace, hast deserved a triumph and won the laurel wreath of
eloquence." This was grand praise to be spoken of a man more than a
hundred years after his death, by one who had no peculiar
sympathies with him other than those created by literary
affinity.</p>
<p>None of Cicero's letters have come to us from the year of his
Consulship.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_205" id="Page_205">
205</a></span></p>
<h3><a name="CHAPTER_IX" id="CHAPTER_IX"></a><span class="smcap">Chapter IX</span></h3>
<h4><i>CATILINE.</i></h4>
<p>To wash the blackamoor white has been the favorite task of some
modern historians. To find a paradox in character is a relief to
the investigating mind which does not care to walk always in the
well-tried paths, or to follow the grooves made plain and
uninteresting by earlier writers. Tiberius and even Nero have been
praised. The memories of our early years have been shocked by
instructions to regard Richard III. and Henry VIII. as great and
scrupulous kings. The devil may have been painted blacker than he
should be, and the minds of just men, who will not accept the
verdict of the majority, have been much exercised to put the matter
right. We are now told that Catiline was a popular hero; that,
though he might have wished to murder Cicero, he was, in accordance
with the practice of his days, not much to be blamed for that; and
that he was simply the follower of the Gracchi, and the forerunner
of Cæsar in his desire to oppose the oligarchy of Rome.<a
name="FNanchor_177_177" id="FNanchor_177_177"></a><a href=
"#Footnote_177_177" class="fnanchor">177</a> In this there is
much that is true. Murder was common. He who had seen the Sullan
proscriptions, as both Catiline and Cicero had done, might well
have learned to feel less scrupulous as to blood than we do in
these days. Even Cicero, who of all the Romans was the most
humane—even he, no doubt, would have been well contented that
Catiline should have been destroyed by the people.<a name=
"FNanchor_178_178" id="FNanchor_178_178"></a><a href=
"#Footnote_178_178" class="fnanchor">178</a> Even he was the
cause, <span class='pagenum'><a name="Page_206" id="Page_206">
206</a></span>as we shall see just now, of the execution of the leaders of
the conspirators whom Catiline left behind him in the city—an
execution of which the legality is at any rate very doubtful. But
in judging even of bloodshed we have to regard the circumstances of
the time in the verdicts we give. Our consciousness of altered
manners and of the growth of gentleness force this upon us. We
cannot execrate the conspirators who murdered Cæsar as we
would do those who might now plot the death of a tyrant; nor can we
deal as heavily with the murderers of Cæsar as we would have
done then with Catilinarian conspirators in Rome, had Catiline's
conspiracy succeeded. And so, too, in acknowledging that Catiline
was the outcome of the Gracchi, and to some extent the preparation
for Cæsar, we must again compare him with them, his motives
and designs with theirs, before we can allow ourselves to
sympathize with him, because there was much in them worthy of
praise and honor.</p>
<p>That the Gracchi were seditious no historian has, I think,
denied. They were willing to use the usages and laws of the
Republic where those usages and laws assisted them, but as willing
to act illegally when the usages and laws ran counter to them. In
the reforms or changes which they attempted they were undoubtedly
rebels; but no reader comes across the tale of the death, first of
one and then of the other, without a regret. It has to be owned
that they were murdered in tumults which they themselves had
occasioned. But they were honest and patriotic. History has
declared of them that their efforts were made with the real purport
of relieving their fellow-countrymen from what they believed to be
the tyranny of oligarchs. The Republic even in their time had
become too rotten to be saved; but the world has not the less given
them the credit for a desire to do good; and the names of the two
<span class='pagenum'><a name="Page_207" id="Page_207">
207</a></span>brothers, rebels as they were, have come down to us
with a sweet savor about them. Cæsar, on the other hand, was
no doubt of the same political party. He too was opposed to the
oligarchs, but it never occurred to him that he could save the
Republic by any struggles after freedom. His mind was not given to
patriotism of that sort—not to memories, not to associations.
Even laws were nothing to him but as they might be useful. To his
thinking, probably even in his early days, the state of Rome
required a master. Its wealth, its pleasures, its soldiers, its
power, were there for any one to take who could take them—for
any one to hold who could hold them. Mr. Beesly, the last defender
of Catiline, has stated that very little was known in Rome of
Cæsar till the time of Catiline's conspiracy, and in that I
agree with him. He possessed high family rank, and had been
Quæstor and Ædile; but it was only from this year out that his
name was much in men's mouths, and that he was learning to look
into things. It may be that he had previously been in league with
Catiline—that he was in league with him till the time came
for the great attempt. The evidence, as far as it goes, seems to
show that it was so. Rome had been the prey of many conspiracies.
The dominion of Marius and the dominion of Sulla had been effected
by conspiracies. No doubt the opinion was strong with many that
both Cæsar and Crassus, the rich man, were concerned with
Catiline. But Cæsar was very far-seeing, and, if such
connection existed, knew how to withdraw from it when the time was
not found to be opportune. But from first to last he always was
opposed to the oligarchy. The various steps from the Gracchi to him
were as those which had to be made from the Girondists to Napoleon.
Catiline, no doubt, was one of the steps, as were Danton and
Robespierre steps. The continuation of steps in each case was at
first occasioned by the bad government and greed of a few men in
power. But as Robespierre was vile and low, whereas Vergniaud was
honest and Napoleon great, so was it with Catiline <span class=
'pagenum'><a name="Page_208" id="Page_208">
208</a></span>between the Gracchi and Cæsar. There is, to my
thinking, no excuse for Catiline in the fact that he was a natural
step, not even though he were a necessary step, between the Gracchi
and Cæsar.</p>
<p>I regard as futile the attempts which are made to rewrite
history on the base of moral convictions and philosophical
conclusion. History very often has been, and no doubt often again
will be, rewritten, with good effect and in the service of truth,
on the finding of new facts. Records have been brought to light
which have hitherto been buried, and testimonies are compared with
testimonies which have not before been seen together. But to
imagine that a man may have been good who has lain under the ban of
all the historians, all the poets, and all the tellers of
anecdotes, and then to declare such goodness simply in accordance
with the dictates of a generous heart or a contradictory spirit, is
to disturb rather than to assist history. Of Catiline we at least
know that he headed a sedition in Rome in the year of Cicero's
Consulship; that he left the city suddenly; that he was killed in
the neighborhood of Pistoia fighting against the Generals of the
Republic, and that he left certain accomplices in Rome who were put
to death by an edict of the Senate. So much I think is certain to
the most truculent doubter. From his contemporaries, Sallust and
Cicero, we have a very strongly expressed opinion of his character.
They have left to us denunciations of the man which have made him
odious to all after-ages, so that modern poets have made him a
stock character, and have dramatized him as a fiend. Voltaire has
described him as calling upon his fellow-conspirators to murder
Cicero and Cato, and to burn the city. Ben Jonson makes Catiline
kill a slave and mix his blood, to be drained by his friends.
"There cannot be a fitter drink to make this sanction in." The
friends of Catiline will say that this shows no evidence against
the man. None, certainly; but it is a continued expression of the
feeling that has prevailed since Catiline's time. In his own age
Cicero and Sallust, who <span class='pagenum'><a name="Page_209"
id="Page_209">209</a></span>were opposed in all their
political views, combined to speak ill of him. In the next, Virgil
makes him as suffering his punishment in hell.<a name=
"FNanchor_179_179" id="FNanchor_179_179"></a><a href=
"#Footnote_179_179" class="fnanchor">179</a> In the next,
Velleius Paterculus speaks of him as the conspirator whom Cicero
had banished.<a name="FNanchor_180_180" id=
"FNanchor_180_180"></a><a href="#Footnote_180_180" class=
"fnanchor">180</a> Juvenal makes various allusions to him, but
all in the same spirit. Juvenal cared nothing for history, but used
the names of well-known persons as illustrations of the idea which
he was presenting.<a name="FNanchor_181_181" id=
"FNanchor_181_181"></a><a href="#Footnote_181_181" class=
"fnanchor">181</a> Valerius Maximus, who wrote commendable little
essays about all the virtues and all the vices, which he
illustrated with the names of all the vicious and all the virtuous
people he knew, is very severe on Catiline.<a name=
"FNanchor_182_182" id="FNanchor_182_182"></a><a href=
"#Footnote_182_182" class="fnanchor">182</a> Florus, who wrote
two centuries and a half after the conspiracy, gives us of Catiline
the same personal story as that told both by Sallust and Cicero:
"Debauchery, in the first place; and then the poverty which that
had produced; and then the opportunity of the time, because the
Roman armies were in distant lands, induced Catiline to conspire
for the destruction of his country."<a name="FNanchor_183_183" id=
"FNanchor_183_183"></a><a href="#Footnote_183_183" class=
"fnanchor">183</a> Mommsen, who was certainly biassed by no
feeling in favor of Cicero, declares that Catiline in particular
was "one of the most nefarious men in that nefarious age. His
villanies belong to the criminal records, not to history."<a name=
"FNanchor_184_184" id="FNanchor_184_184"></a><a href=
"#Footnote_184_184" class="fnanchor">184</a> All this is no
evidence. Cicero and Sallust may possibly have combined to lie
about Catiline. Other Roman writers may have followed them, and
modern <span class='pagenum'><a name="Page_210" id="Page_210">
210</a></span>poets and modern historians may have followed the
Roman writers. It is possible that the world may have been wrong as
to a period of Roman history with which it has thought itself to be
well acquainted; but the world now has nothing to go by but the
facts as they have come down to it. The writers of the ages since
have combined to speak of Cicero with respect and admiration. They
have combined, also, to speak of Catiline with abhorrence. They
have agreed, also, to treat those other rebels, the Gracchi, after
such a fashion that, in spite of their sedition, a sweet savor, as
I have said, attaches itself to their names. For myself, I am
contented to take the opinion of the world, and feel assured that I
shall do no injustice in speaking of Catiline as all who have
written about him hitherto have spoken of him I cannot consent to
the building up of a noble patriot out of such materials as we have
concerning him.<a name="FNanchor_185_185" id=
"FNanchor_185_185"></a><a href="#Footnote_185_185" class=
"fnanchor">185</a></p>
<p>Two strong points have been made for Catiline in Mr. <span
class='pagenum'><a name="Page_211" id="Page_211">
211</a></span>Beesly's defence. His ancestors had been Consuls
when the forefathers of patricians of a later date "were clapping
their chapped hands and throwing up their sweaty nightcaps." That
scorn against the people should be expressed by the aristocrat
Casca was well supposed by Shakspeare; but how did a liberal of the
present day bring himself to do honor to his hero by such
allusions? In truth, however, the glory of <span class='pagenum'><a
name="Page_212" id="Page_212">212</a></span>ancient blood and
the disgrace attaching to the signs of labor are ideas seldom
relinquished even by democratic minds. A Howard is nowhere lovelier
than in America, or a sweaty nightcap less relished. We are then
reminded how Catiline died fighting, with the wounds all in front;
and are told that the "world has generally a generous word for the
memory of a brave man dying for his cause, be that cause what it
will; but for Catiline none!" I think there is a mistake in the
sentiment expressed here. To die readily when death must come is
but a little thing, and is done daily by the poorest of mankind.
The Romans could generally do it, and so can the Chinese. A Zulu is
quite equal to it, and people lower in civilization than Chinese or
Zulus. To encounter death, or the danger of death, for the sake of
duty—when the choice is there; but duty and death are
preferred to ignominious security, or, better still, to security
which shall bring with it self-abasement—that is grand. When
I hear that a man "rushed into the field and, foremost fighting,
fell," if there have been no adequate occasion, I think him a fool.
If it be that he has chosen to hurry on the necessary event, as was
Catiline's case, I recognize him as having been endowed with
certain physical attributes which are neither glorious nor
disgraceful. That Catiline was constitutionally a brave man no one
has denied. Rush, the murderer, was one of the bravest men of whom
I remember to have heard. What credit is due to Rush is due to
Catiline.</p>
<p>What we believe to be the story of Catiline's life is this: In
Sulla's time he was engaged, as behooved a great nobleman of
ancient blood, in carrying out the Dictator's proscriptions and in
running through whatever means he had. There are fearful stories
told of him as to murdering his own son and other relatives; as to
which Mr. Beesly is no doubt right in saying that such tales were
too lightly told in Rome to deserve implicit confidence. To serve a
purpose any one would say anything of any enemy. Very marvellous
qualities are attributed to him—as to having been at the same
time steeped in luxury and yet able and willing to bear all bodily
hardships. He probably had been engaged in murders—as how
should a man not have been so who had served under Sulla during the
Dictatorship? He had probably allured some young aristocrats into
debauchery, when all young aristocrats were so allured. He had
probably undergone some extremity of cold and hunger. In reading of
these things the reader will know by instinct how much he may
believe, and how much he should receive as mythic. That he was a
fast young nobleman, brought up to know no scruples, to disregard
blood, and to look upon his country as a milch cow from which a
young nobleman might be fed with never-ending streams of rich cream
in the shape of money to be borrowed, wealth to be snatched, and,
above all, foreigners to be plundered, we may take, I think, as
proved. In spite of his vices, or by aid of them, he rose in the
service of his country. That such a one should become a Prætor and
a Governor was natural. He went to Africa with proconsular
authority, and of course fleeced the Africans. It was as natural as
that a flock of sheep should lose their wool at shearing time. He
came back intent, as was natural also, on being a Consul, and of
carrying on the game of promotion and of plunder. But there came a
spoke in his wheel—the not unusual spoke of an accusation
from the province. While under accusation for provincial robbery he
could not come forward as a candidate, and thus he was stopped in
his career.</p>
<p>It is not possible now to unravel all the personal feuds of
<span class='pagenum'><a name="Page_213" id="Page_213">
213</a></span>the time—the ins and outs of family quarrels.
Clodius—the Clodius who was afterward Cicero's notorious
enemy and the victim of Milo's fury—became the accuser of
Catiline on behalf of the Africans. Though Clodius was much the
younger, they were men of the same class. It may be possible that
Clodius was appointed to the work—as it had been intended
that Cæcilius should be appointed at the prosecution of
Verres—in order to assure not the conviction but the
acquittal of the guilty man. The historians and biographers say
that Clodius was at last bought by a bribe, and that he betrayed
the Africans after that fashion. It may be that such bribery was
arranged from the first. Our interest in that trial lies in the
fact that Cicero no doubt intended, from political motives, to
defend Catiline. It has been said that he did do so. As far as we
know, he abandoned the intention. We have no trace of his speech,
and no allusion in history to an occurrence which would certainly
have been mentioned.<a name="FNanchor_186_186" id=
"FNanchor_186_186"></a><a href="#Footnote_186_186" class=
"fnanchor">186</a> But there was <i>no</i> reason why he should
not have done so. He defended Fonteius, and I am quite willing to
own that he knew Fonteius to have been a robber. When I look at the
practice of our own times, I find that thieves and rebels are
defended by honorable advocates, who do not scruple to take their
briefs in opposition to their own opinions. It suited Cicero to do
the same. If I were detected in a plot for blowing up a Cabinet
Council, I do not doubt but that I should get the late
attorney-general to defend me.<a name="FNanchor_187_187" id=
"FNanchor_187_187"></a><a href="#Footnote_187_187" class=
"fnanchor">187</a></p>
<p><span class='pagenum'><a name="Page_214" id="Page_214">
214</a></span>But Catiline, though he was acquitted, was balked in
his candidature for the Consulship of the next year, <span class=
"smcap">b.c.</span> 65. P. Sulla and Autronius were
elected<a name="FNanchor_188_188" id=
"FNanchor_188_188"></a><a href="#Footnote_188_188" class=
"fnanchor">188</a>—that Sulla to whose subsequent defence I have just
referred in this note—but were ejected on the score of
bribery, and two others, Torquatus and Cotta, were elected in their
place. In this way three men standing on high before their
countrymen—one having been debarred from standing for the
Consulship, and the other two having been robbed of their prize
even when it was within their grasp—not unnaturally became
traitors at heart. Almost as naturally they came together and
conspired. Why should they have been selected as victims, having
only done that which every aristocrat did as a matter of course in
following out his recognized profession in living upon the subject
nations? Their conduct had probably been the same as that of
others, or if more glaring, only so much so as is always the case
with vices as they become more common. However, the three men fell,
and became the centre of a plot which is known as the first
Catiline conspiracy.</p>
<p>The reader must bear in mind that I am now telling the story of
Catiline, and going back to a period of two years before Cicero's
Consulship, which was <span class="smcap">b.c.</span> 63. How
during <span class='pagenum'><a name="Page_215" id="Page_215">
215</a></span>that year Cicero successfully defended Murena when
Cato endeavored to rob him of his coming Consulship, has been
already told. It may be that Murena's hands were no cleaner than
those of Sulla and Autronius, and that they lacked only the
consular authority and forensic eloquence of the advocate who
defended Murena. At this time, when the two appointed Consuls were
rejected, Cicero had hardly as yet taken any part in public
politics. He had been Quæstor, Ædile, and Prætor, filling those
administrative offices to the best of his ability. He had, he says,
hardly heard of the first conspiracy.<a name="FNanchor_189_189" id=
"FNanchor_189_189"></a><a href="#Footnote_189_189" class=
"fnanchor">189</a> That what he says is true, is, I think, proved
by the absence of all allusion to it in his early letters, or in
the speeches or fragments of speeches that are extant. But that
there was such a conspiracy we cannot doubt, nor that the three men
named, Catiline, Sulla, and Autronius, were leaders in it. What
would interest us, if only we could have the truth, is whether
Cæsar and Crassus were joined in it.</p>
<p>It is necessary again to consider the condition of the Republic.
To us a conspiracy to subvert the government under which the
conspirer lives seems either a very terrible remedy for great
evils, or an attempt to do evil which all good men should oppose.
We have the happy conspiracy in which Washington became the
military leader, and the French Revolution, which, bloody as it
was, succeeded in rescuing Frenchmen from the condition of serfdom.
At home we have our own conspiracy against the Stuart royalty,
which had also noble results. The Gracchi had attempted to effect
something of the same kind at Rome; but the moral condition of the
people had become so low that no real love of liberty remained.
Conspiracy! oh yes. As long as there was anything to get, of course
he who had not got it would conspire <span class='pagenum'><a name=
"Page_216" id="Page_216">216</a></span>against him who had.
There had been conspiracies for and against Marius, for and against
Cinna, for and against Sulla. There was a grasping for plunder, a
thirst for power which meant luxury, a greed for blood which grew
from the hatred which such rivalry produced. These were the motive
causes for conspiracies; not whether Romans should be free but
whether a Sulla or a Cotta should be allowed to run riot in a
province.</p>
<p>Cæsar at this time had not done much in the Roman world
except fall greatly into debt. Knowing, as we do know now, his
immense intellectual capacity, we cannot doubt but at the age he
had now reached, thirty-five, <span class="smcap">b.c.</span> 65,
he had considered deeply his prospects in life. There is no reason
for supposing that he had conceived the idea of being a great
soldier. That came to him by pure accident, some years afterward.
To be Quæstor, Prætor, and Consul, and catch what was going,
seems to have been the cause to him of having encountered
extraordinary debt. That he would have been a Verres, or a
Fonteius, or a Catiline, we certainly are not entitled to think.
Over whatever people he might have come to reign, and in whatever
way he might have procured his kingdom, he would have reigned with
a far-seeing eye, fixed upon future results. At this period he was
looking out for a way to advance himself. There were three men, all
just six years his senior, who had risen or were rising into great
repute; they were Pompey, Cicero, and Catiline. There were two who
were noted for having clean hands in the midst of all the dirt
around; and they were undoubtedly the first Romans of the day.
Catiline was determined that he too would be among the first Romans
of the day; but his hands had never been clean. Which was the
better way for such a one as Cæsar to go?</p>
<p>To have had Pompey under his feet, or Cicero, must have then
seemed to Cæsar to be impracticable, though the time came
when he did, in different ways, have his feet on both. With
Catiline the chance of success might be better. Crassus <span
class='pagenum'><a name="Page_217" id="Page_217">
217</a></span>he had already compassed. Crassus was like M.
Poirier in the play—a man who, having become rich, then
allowed himself the luxury of an ambition. If Cæsar joined
the plot we can well understand that Crassus should have gone with
him. We have all but sufficient authority for saying that it was
so, but authority insufficient for declaring it. That Sallust, in
his short account of the first conspiracy, should not have
implicated Cæsar was a matter of course,<a name=
"FNanchor_190_190" id="FNanchor_190_190"></a><a href=
"#Footnote_190_190" class="fnanchor">190</a> as he wrote
altogether in Cæsar's interest. That Cicero should not have
mentioned it is also quite intelligible. He did not wish to pull
down upon his ears the whole house of the aristocracy. Throughout
his career it was his object to maintain the tenor of the law with
what smallest breach of it might be possible; but he was wise
enough to know that when the laws were being broken on every side
he could not catch in his nets all those who broke them. He had to
pass over much; to make the best of the state of things as he found
them. It is not to be supposed that a conspirator against the
Republic would be horrible to him, as would be to us a traitor
against the Crown: there were too many of them for horror. If
Cæsar and Crassus could be got to keep themselves quiet, he
would be willing enough not to have to add them to his list of
enemies. Livy is presumed to have told us that this conspiracy
intended to restore the ejected Consuls, and to kill the Consuls
who had been established in their place. But the book in which this
was written is lost, and we have only the Epitome, or heading of
the book, of which we know that it was not written by Livy.<a name=
"FNanchor_191_191" id="FNanchor_191_191"></a><a href=
"#Footnote_191_191" class="fnanchor">191</a> Suetonius, who got
his story not improbably from Livy, tells us that Cæsar was
suspected of having joined this conspiracy with Crassus;<a name=
"FNanchor_192_192" id="FNanchor_192_192"></a><a href=
"#Footnote_192_192" class="fnanchor">192</a> and he goes on to
say that Cicero, writing subsequently to one Axius, declared that
"Cæsar had attempted in his Consulship to accomplish the
dominion which he had intended to grasp in his Ædileship" <span
class='pagenum'><a name="Page_218" id="Page_218">
218</a></span>the year in question. There is, however, no such
letter extant. Asconius, who, as I have said before, wrote in the
time of Tiberius, declares that Cicero in his lost oration, "In
toga candida," accused Crassus of having been the author of the
conspiracy. Such is the information we have; and if we elect to
believe that Cæsar was then joined with Catiline, we must be
guided by our ideas of probability rather than by evidence.<a name=
"FNanchor_193_193" id="FNanchor_193_193"></a><a href=
"#Footnote_193_193" class="fnanchor">193</a> As I have said
before, conspiracies had been very rife. To Cæsar it was no
doubt becoming manifest that the Republic, with its oligarchs, must
fall. Subsequently it did fall, and he was—I will not say the
conspirator, nor will I judge the question by saying that he was
the traitor; but the man of power who, having the legions of the
Republic in his hands, used them against the Republic. I can well
understand that he should have joined such a conspiracy as this
first of Catiline, and then have backed out of it when he found he
could not trust those who were joined with him.</p>
<p>This conspiracy failed. One man omitted to give a signal at one
time, and another at another. The Senate was to have been
slaughtered; the two Consuls, Cotta and Torquatus, murdered, and
the two ex-Consuls, Sulla and Autronius, replaced. Though all the
details seem to have been known to the Consuls, Catiline was
allowed to go free, nor were any steps taken for the punishment of
the conspirators.</p>
<p>The second conspiracy was attempted in the Consulship of Cicero,
<span class="smcap">b.c.</span> 63, two years after the first.
Catiline had struggled for the Consulship, and had failed. Again
there would be no province, no plunder, no power. This
interference, as it must have seemed to him, with his peculiar
privileges, had all come from Cicero. Cicero was the busybody who
was attempting to stop the order of things <span class='pagenum'><a
name="Page_219" id="Page_219">219</a></span>which had, to his
thinking, been specially ordained by all the gods for the
sustenance of one so well born, and at the same time so poor, as
himself. There was a vulgar meddling about it—all coming from
the violent virtue of a Consul whose father had been a nobody at
Arpinum—which was well calculated to drive Catiline into
madness. So he went to work and got together in Rome a body of men
as discontented and almost as nobly born as himself, and in the
country north of Rome an army of rebels, and began his operations
with very little secrecy. In all the story the most remarkable
feature is the openness with which many of the details of the
conspiracy were carried on. The existence of the rebel army was
known; it was known that Catiline was the leader; the causes of his
disaffection were known; his comrades in guilt were known When any
special act was intended, such as might be the murder of the Consul
or the firing of the city, secret plots were concocted in
abundance. But the grand fact of a wide-spread conspiracy could go
naked in Rome, and not even a Cicero dare to meddle with it.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 63,
ætat 44</div>
<p>As to this second conspiracy, the conspiracy with which Sallust
and Cicero have made us so well acquainted, there is no sufficient
ground for asserting that Cæsar was concerned in it.<a name=
"FNanchor_194_194" id="FNanchor_194_194"></a><a href=
"#Footnote_194_194" class="fnanchor">194</a> That he was greatly
concerned in the treatment of the conspirators there is no doubt.
He had probably learned to appreciate the rage, the madness, the
impotence of Catiline at their proper worth. He too, I think, must
have looked upon Cicero as a meddling, over-virtuous busybody; as
did even Pompey when he returned from the East. What practical use
could there be in such a man at such a time—in one who really
<span class='pagenum'><a name="Page_220" id="Page_220">
220</a></span>believed in honesty, who thought of liberty and the
Republic, and imagined that he could set the world right by
talking? Such must have been the feeling of Cæsar, who had
both experience and foresight to tell him that Rome wanted and must
have a master. He probably had patriotism enough to feel that he,
if he could acquire the mastership, would do something beyond
robbery—would not satisfy himself with cutting the throats of
all his enemies, and feeding his supporters with the property of
his opponents. But Cicero was impracticable—unless, indeed,
he could be so flattered as to be made useful. It was thus, I
think, that Cæsar regarded Cicero, and thus that he induced
Pompey to regard him. But now, in the year of his Consulship,
Cicero had really talked himself into power, and for this year his
virtue must be allowed to have its full way.</p>
<p>He did so much in this year, was so really efficacious in
restraining for a time the greed and violence of the aristocracy,
that it is not surprising that he was taught to believe in himself.
There were, too, enough of others anxious for the Republic to
bolster him up in his own belief. There was that Cornelius in whose
defence Cicero made the two great speeches which have been
unfortunately lost, and there was Cato, and up to this time there
was Pompey, as Cicero thought. Cicero, till he found himself
candidate for the Consulship, had contented himself with
undertaking separate cases, in which, no doubt, politics were
concerned, but which were not exclusively political. He had
advocated the employment of Pompey in the East, and had defended
Cornelius. He was well acquainted with the history of the Republic;
but he had probably never asked himself the question whether it was
in mortal peril, and if so, whether it might possibly be saved. In
his Consulship he did do so; and, seeing less of the Republic than
we can see now, told himself that it was possible.</p>
<p>The stories told to us of Catiline's conspiracy by Sallust and
by Cicero are so little conflicting that we can trust them both.
Trusting them both, we are justified in believing that <span class=
'pagenum'><a name="Page_221" id="Page_221">221</a></span>we
know the truth. We are here concerned only with the part which
Cicero took. Nothing, I think, which Cicero says is contradicted by
Sallust, though of much that Cicero certainly did Sallust is
silent. Sallust damns him, but only by faint praise. We may,
therefore, take the account of the plot as given by Cicero himself
as verified: indeed, I am not aware that any of Cicero's facts have
been questioned.</p>
<p>Sallust declares that Catiline's attempt was popular in Rome
generally.<a name="FNanchor_195_195" id="FNanchor_195_195"></a><a
href="#Footnote_195_195" class="fnanchor">195</a> This, I think,
must be taken as showing simply that revolution and conspiracy were
in themselves popular: that, as a condition of things around him
such as existed in Rome, a plotter of state plots should be able to
collect a body of followers, was a thing of course; that there were
many citizens who would not work, and who expected to live in
luxury on public or private plunder, is certain. When the
conspiracy was first announced in the Senate, Catiline had an army
collected; but we have no proof that the hearts of the inhabitants
of Rome generally were with the conspirators. On the other hand, we
have proof, in the unparalleled devotion shown by the citizens to
Cicero after the conspiracy was quelled, that their hearts were
with him. The populace, fond of change, liked a disturbance; but
there is nothing to show that Catiline was ever beloved as had been
the Gracchi, and other tribunes of the people who came after
them.</p>
<p>Catiline, in the autumn of the year <span class=
"smcap">b.c.</span> 63, had arranged the outside circumstances of
his conspiracy, knowing that he would, for the third time, be
unsuccessful in his canvass for the Consulship. That Cicero with
other Senators should be murdered seems to have been their first
object, and that then the Consulship should be seized by force. On
the 21st of <span class='pagenum'><a name="Page_222" id=
"Page_222">222</a></span>October Cicero made his first report
to the Senate as to the conspiracy, and called upon Catiline for
his answer. It was then that Catiline made his famous reply: "That
the Republic had two bodies, of which one was weak and had a bad
head"—meaning the aristocracy, with Cicero as its
chief—"and the other strong, but without any head," meaning
the people; "but that as for himself, so well had the people
deserved of him, that as long as he lived a head should be
forth-coming."<a name="FNanchor_196_196" id=
"FNanchor_196_196"></a><a href="#Footnote_196_196" class=
"fnanchor">196</a> Then, at that sitting, the Senate decreed, in
the usual formula, "That the Consuls were to take care that the
Republic did not suffer.<a name="FNanchor_197_197" id=
"FNanchor_197_197"></a><a href="#Footnote_197_197" class=
"fnanchor">197</a> On the 22d of October, the new Consuls,
Silanus and Murena, were elected. On the 23d, Catiline was
regularly accused of conspiracy by Paulus Lepidus, a young
nobleman, in conformity with a law which had been enacted
fifty-five years earlier, "de vi publica," as to violence applied
to the State. Two days afterward it was officially reported that
Manlius—or Mallius, as he seems to have been generally
called—Catiline's lieutenant, had openly taken up arms in
Etruria. The 27th had been fixed by the conspirators for the murder
of Cicero and the other Senators. That all this was to be, and was
so arranged by Catiline, had been declared in the Senate by Cicero
himself on that day when Catiline told them of the two bodies and
the two heads. Cicero, with his intelligence, ingenuity, and
industry, had learned every detail. There was one Curius among the
conspirators, a fair specimen of the young Roman nobleman of the
day, who told it all to his mistress Fulvia, and she carried the
information to the Consul. It is all narrated with fair dramatic
accuracy in Ben Jonson's dull play, though he has attributed to
Cæsar a share in the plot, for doing which he had no
authority. Cicero, on that sitting in the Senate, had been
specially anxious to make Catiline understand that he knew
privately every circumstance of the <span class='pagenum'><a name=
"Page_223" id="Page_223">223</a></span>plot. Throughout the
whole conspiracy his object was not to take Catiline, but to drive
him out of Rome. If the people could be stirred up to kill him in
their wrath, that might be well; in that way there might be an end
of all the trouble. But if that did not come to pass, then it would
be best to make the city unbearable to the conspirators. If they
could be driven out, they must either take themselves to foreign
parts and be dispersed, or must else fight and assuredly be
conquered. Cicero himself was never blood-thirsty, but the
necessity was strong upon him of ridding the Republic from these
blood-thirsty men.</p>
<p>The scheme for destroying Cicero and the Senators on the 27th of
October had proved abortive. On the 6th of the next month a meeting
was held in the house of one Marcus Porcius Læca, at which a plot
was arranged for the killing of Cicero the next day—for the
killing of Cicero alone—he having been by this time found to
be the one great obstacle in their path. Two knights were told off
for the service, named Vargunteius and Cornelius. These, after the
Roman fashion, were to make their way early on the following
morning into the Consul's bedroom for the ostensible purpose of
paying him their morning compliments, but, when there, they were to
slay him. All this, however, was told to Cicero, and the two
knights, when they came, were refused admittance. If Cicero had
been a man given to fear, as has been said of him, he must have
passed a wretched life at this period. As far as I can judge of his
words and doings throughout his life, he was not harassed by
constitutional timidity. He feared to disgrace his name, to lower
his authority, to become small in the eyes of men, to make
political mistakes, to do that which might turn against him. In
much of this there was a falling off from that dignity which, if we
do not often find it in a man, we can all of us imagine; but of
personal dread as to his own skin, as to his own life, there was
very little. At this time, when, as he knew well, many men with
many weapons in their hands, men <span class='pagenum'><a name=
"Page_224" id="Page_224">224</a></span>who were altogether
unscrupulous, were in search for his blood he never seems to have
trembled.</p>
<p>But all Rome trembled—even according to Sallust. I have
already shown how he declares in one part of his narrative that the
common people as a body were with Catiline, and have attempted to
explain what was meant by that expression. In another, in an
earlier chapter, he says "that the State," meaning the city, "was
disturbed by all this, and its appearance changed.<a name=
"FNanchor_198_198" id="FNanchor_198_198"></a><a href=
"#Footnote_198_198" class="fnanchor">198</a> Instead of the joy
and ease which had lately prevailed, the effect of the long peace,
a sudden sadness fell upon every one." I quote the passage because
that other passage has been taken as proving the popularity of
Catiline. There can, I think, be no doubt that the population of
Rome was, as a body, afraid of Catiline. The city was to be burnt
down, the Consuls and the Senate were to be murdered, debts were to
be wiped out, slaves were probably to be encouraged against their
masters. The "permota civitas" and the "cuncta plebes," of which
Sallust speaks, mean that all the "householders" were disturbed,
and that all the "roughs" were eager with revolutionary hopes.</p>
<p>On the 8th of November, the day after that on which the Consul
was to have been murdered in his own house, he called a special
meeting of the Senate in the temple of Jupiter Stator. The Senate
in Cicero's time was convened according to expedience, or perhaps
as to the dignity of the occasion, in various temples. Of these
none had a higher reputation than that of the special Jupiter who
is held to have befriended Romulus in his fight with the Sabines.
Here was launched that thunderbolt of eloquence which all English
school-boys have known for its "Quousque tandem abutere, Catilina,
patientia nostra." Whether it be from the awe which has come down
to me from my earliest years, mixed perhaps with something of dread
for the great pedagogue who first made the words to sound grandly
<span class='pagenum'><a name="Page_225" id="Page_225">
225</a></span>in my ears, or whether true critical judgment has
since approved to me the real weight of the words, they certainly
do contain for my intelligence an expression of almost divine
indignation. Then there follows a string of questions, which to
translate would be vain, which to quote, for those who read the
language, is surely unnecessary. It is said to have been a fault
with Cicero that in his speeches he runs too much into that vein of
wrathful interrogation which undoubtedly palls upon us in English
oratory when frequent resort is made to it. It seems to be too
easy, and to contain too little of argument. It was this, probably,
of which his contemporaries complained when they declared him to be
florid, redundant, and Asiatic in his style.<a name=
"FNanchor_199_199" id="FNanchor_199_199"></a><a href=
"#Footnote_199_199" class="fnanchor">199</a> This questioning
runs through nearly the whole speech, but the reader cannot fail to
acknowledge its efficacy in reference to the matter in hand.
Catiline was sitting there himself in the Senate, and the questions
were for the most part addressed to him. We can see him now, a man
of large frame, with bold, glaring eyes, looking in his wrath as
though he were hardly able to keep his hands from the Consul's
throat, even there in the Senate. Though he knew that this attack
was to be made on him, he had stalked into the temple and seated
himself in a place of honor, among the benches intended for those
who had been Consuls. When there, no one spoke to him, no one
saluted him. The consular Senators shrunk away, leaving their
places of privilege. Even his brother-conspirators, of whom many
were present, did not dare to recognize him. Lentulus was no doubt
there, and Cethegus, and two of the Sullan family, and Cassius
Longinus, and Autronius, and Læca, and Curius. All of them were or
had been conspirators in the same cause. Cæsar was there too,
and Crassus. A fellow conspirator with Catiline would probably be a
Senator. Cicero knew them all. We cannot say that in this matter
Cæsar <span class='pagenum'><a name="Page_226" id=
"Page_226">226</a></span>was guilty, but Cicero, no doubt,
felt that Cæsar's heart was with Catiline. It was his present
task so to thunder with his eloquence that he should turn these
bitter enemies into seeming friends—to drive Catiline from
out of the midst of them, so that it should seem that he had been
expelled by those who were in truth his brother-conspirators; and
this it was that he did.</p>
<p>He declared the nature of the plot, and boldly said that, such
being the facts, Catiline deserved death. "If," he says, "I should
order you to be taken and killed, believe me I should be blamed
rather for my delay in doing so than for my cruelty." He spoke
throughout as though all the power were in his own hands, either to
strike or to forbear. But it was his object to drive him out and
not to kill him. "Go," he said; "that camp of yours and Mallius,
your lieutenant, are too long without you. Take your friends with
you. Take them all. Cleanse the city of your presence. When its
walls are between you and me then I shall feel myself secure. Among
us here you may no longer stir yourself. I will not have it—I
will not endure it. If I were to suffer you to be killed, your
followers in the conspiracy would remain here; but if you go out,
as I desire you, this cesspool of filth will drain itself off from
out the city. Do you hesitate to do at my command that which you
would fain do yourself? The Consul requires an enemy to depart from
the city. Do you ask me whether you are to go into exile? I do not
order it; but if you ask my counsel, I advise it." Exile was the
severest punishment known by the Roman law, as applicable to a
citizen, and such a punishment it was in the power of no Consul or
other officer of state to inflict. Though he had taken upon himself
the duty of protecting the Republic, still he could not condemn a
citizen. It was to the moral effect of his words that he must
trust: "Non jubeo, sed si me consulis, suadeo." Catiline heard him
to the end, and then, muttering a curse, left the Senate, and went
out of the city. Sallust tells us that he threatened <span class=
'pagenum'><a name="Page_227" id="Page_227">227</a></span>to
extinguish, in the midst of the general ruin he would create, the
flames prepared for his own destruction. Sallust, however, was not
present on the occasion, and the threat probably had been uttered
at an earlier period of Catiline's career. Cicero tells us
expressly, in one of his subsequent works, that Catiline was struck
dumb.<a name="FNanchor_200_200" id="FNanchor_200_200"></a><a href=
"#Footnote_200_200" class="fnanchor">200</a></p>
<p>Of this first Catiline oration Sallust says, that "Marcus
Tullius the Consul, either fearing the presence of the man, or
stirred to anger, made a brilliant speech, very useful to the
Republic."<a name="FNanchor_201_201" id="FNanchor_201_201"></a><a
href="#Footnote_201_201" class="fnanchor">201</a> This, coming
from an enemy, is stronger testimony to the truth of the story told
by Cicero, than would have been any vehement praise from the pen of
a friend.</p>
<p>Catiline met some of his colleagues the same night. They were
the very men who as Senators had been present at his confusion, and
to them he declared his purpose of going. There was nothing to be
done in the city by him. The Consul was not to be reached. Catiline
himself was too closely watched for personal action. He would join
the army at Fæsulæ and then return and burn the city. His
friends, Lentulus, Cethegus, and the others, were to remain and be
ready for fire and slaughter as soon as Catiline with his army
should appear before the walls. He went, and Cicero had been so far
successful.</p>
<p>But these men, Lentulus, Cethegus, and the other Senators,
though they had not dared to sit near Catiline in the Senate, or to
speak a word to him, went about their work zealously when evening
had come. A report was spread among the people that the Consul had
taken upon himself to drive a citizen into exile. Catiline, the
ill-used Catiline—Catiline, the friend of the people, had,
they said, gone to Marseilles in order that he might escape the
fury of the tyrant Consul. In this we see the jealousy of Romans as
to the infliction of any punishment <span class='pagenum'><a name=
"Page_228" id="Page_228">228</a></span>by an individual
officer on a citizen. It was with a full knowledge of what was
likely to come that Cicero had ironically declared that he only
advised the conspirator to go. The feeling was so strong that on
the next morning he found himself compelled to address the people
on the subject. Then was uttered the second Catiline oration, which
was spoken in the open air to the citizens at large. Here too there
are words, among those with which he began his speech, almost as
familiar to us as the "Quousque tandem"—"Abiit; excessit;
evasit; erupit!" This Catiline, says Cicero, this pest of his
country, raging in his madness, I have turned out of the city. If
you like it better, I have expelled him by my very words. "He has
departed. He has fled. He has gone out from among us. He has broken
away!" "I have made this conspiracy plain to you all, as I said I
would, unless indeed there may be some one here who does not
believe that the friends of Catiline will do the same as Catiline
would have done. But there is no time now for soft measures. We
have to be strong-handed. There is one thing I will do for these
men. Let them too go out, so that Catiline shall not pine for them.
I will show them the road. He has gone by the Via Aurelia. If they
will hurry they may catch him before night." He implies by this
that the story about Marseilles was false. Then he speaks with
irony of himself as that violent Consul who could drive citizens
into exile by the very breath of his mouth. "Ego vehemens ille
consul qui verbo cives in exsilium ejicio." So he goes on, in truth
defending himself, but leading them with him to take part in the
accusation which he intends to bring against the chief conspirators
who remain in the city. If they too will go, they may go unscathed;
if they choose to remain, let them look to themselves.</p>
<p>Through it all we can see there is but one thing that he
fears—that he shall be driven by the exigencies of the
occasion to take some steps which shall afterward be judged not to
have been strictly legal, and which shall put him into the <span
class='pagenum'><a name="Page_229" id="Page_229">
229</a></span>power of his enemies when the day of his ascendency
shall have passed away. It crops out repeatedly in these
speeches.<a name="FNanchor_202_202" id="FNanchor_202_202"></a><a
href="#Footnote_202_202" class="fnanchor">202</a> He seems to be
aware that some over-strong measure will be forced upon him for
which he alone will be held responsible. If he can only avoid that,
he will fear nothing else; if he cannot avoid it, he will encounter
even that danger. His foresight was wonderfully accurate. The
strong hand was used, and the punishment came upon him, not from
his enemies but from his friends, almost to the bursting of his
heart.</p>
<p>Though the Senate had decreed that the Consuls were to see that
the Republic should take no harm, and though it was presumed that
extraordinary power was thereby conferred, it is evident that no
power was conferred of inflicting punishment. Antony, as Cicero's
colleague, was nothing. The authority, the responsibility, the
action were, and were intended, to remain with Cicero. He could not
legally banish any one. It was only too evident that there must be
much slaughter. There was the army of rebels with which it would be
necessary to fight. Let them go, these rebels within the city, and
either join the army and get themselves killed, or else disappear,
whither they would, among the provinces. The object of this second
Catiline oration, spoken to the people, was to convince the
remaining conspirators that they had better go, and to teach the
citizens generally that in giving such counsel he was "banishing"
no one. As far as the citizens were concerned he was successful;
but he did not induce the friends of Catiline to follow their
chief. This took place on the 9th of November. <span class=
'pagenum'><a name="Page_230" id="Page_230">230</a></span>After
the oration the Senate met again, and declared Catiline and Mallius
to be public enemies.</p>
<p>Twenty-four days elapsed before the third speech was
spoken—twenty- four days during which Rome must have been in
a state of very great fever. Cicero was actively engaged in
unravelling the plots the details of which were still being carried
on within the city; but nevertheless he made that speech for Murena
before the judicial bench of which I gave an account in the last
chapter, and also probably another for Piso, of which we have
nothing left. We cannot but marvel that he should have been able at
such a time to devote his mind to such subjects, and carefully to
study all the details of legal cases. It was only on October 21st
that Murena had been elected Consul; and yet on the 20th of
November Cicero defended him with great skill on a charge of
bribery. There is an ease, a playfulness, a softness, a drollery
about this speech which appears to be almost incompatible with the
stern, absorbing realities and great personal dangers in the midst
of which he was placed; but the agility of his mind was such that
there appears to have been no difficulty to him in these rapid
changes.</p>
<p>On the same day, the 20th of November, when Cicero was defending
Murena, the plot was being carried on at the house of a certain
Roman lady named Sempronia. It was she of whom Sallust said that
she danced better than became an honest woman. If we can believe
Sallust, she was steeped in luxury and vice. At her house a most
vile project was hatched for introducing into Rome Rome's bitterest
foreign foes. There were in the city at this time certain delegates
from a people called the Allobroges, who inhabited the lower part
of Savoy. The Allobroges were of Gaulish race. They were warlike,
angry, and at the present moment peculiarly discontented with Rome.
There had been certain injuries, either real or presumed,
respecting which these delegates had been sent to the city. There
they had been delayed, and fobbed <span class='pagenum'><a name=
"Page_231" id="Page_231">231</a></span>off with official replies which
gave no satisfaction, and were supposed to be ready to do any evil
possible to the Republic. What if they could be got to go back
suddenly to their homes, and bring a legion of red-haired Gauls to
assist the conspirators in burning down Rome? A deputation from the
delegates came to Sempronia's house and there met the
conspirators—Lentulus and others. They entered freely into
the project; but having, as was usual with foreign embassies at
Rome, a patron or peculiar friend of their own among the
aristocracy, one Fabius Sanga by name, they thought it well to
consult him.<a name="FNanchor_203_203" id="FNanchor_203_203"></a><a
href="#Footnote_203_203" class="fnanchor">203</a> Sanga, as a
matter of course, told everything to our astute Consul.</p>
<p>Then the matter was arranged with more than all the craft of a
modern inspector of police. The Allobroges were instructed to lend
themselves to the device, stipulating, however, that they should
have a written signed authority which they could show to their
rulers at home. The written signed documents were given to them.
With certain conspirators to help them out of the city they were
sent upon their way. At a bridge over the Tiber they were stopped
by Cicero's emissaries. There was a feigned fight, but no blood was
shed; and the ambassadors with their letters were brought home to
the Consul.</p>
<p>We are astonished at the marvellous folly of these conspirators,
so that we could hardly have believed the story had it not been
told alike by Cicero and by Sallust, and had not allusion to the
details been common among later writers.<a name="FNanchor_204_204"
id="FNanchor_204_204"></a><a href="#Footnote_204_204" class=
"fnanchor">204</a> The ambassadors <span class='pagenum'><a name=
"Page_232" id="Page_232">232</a></span>were taken at the
Milvian bridge early on the morning of the 3d of December, and in
the course of that day Cicero sent for the leaders of the
conspiracy to come to him. Lentulus, who was then Prætor,
Cethegus, Gabinius, and Statilius all obeyed the summons. They did
not know what had occurred, and probably thought that their best
hope of safety lay in compliance. Cæparius was also sent for, but
he for the moment escaped—in vain; for before two days were
over he had been taken and put to death with the others. Cicero
again called the Senate together, and entered the meeting leading
the guilty Prætor by the hand. Here the offenders were examined
and practically acknowledged their guilt. The proofs against them
were so convincing that they could not deny it. There were the
signatures of some; arms were found hidden in the house of another.
The Senate decreed that the men should be kept in durance till some
decision as to their fate should have been pronounced. Each of them
was then given in custody to some noble Roman of the day. Lentulus
the Prætor was confided to the keeping of a Censor, Cethegus to
Cornificius, Statilius to Cæsar, Gabinius to Crassus, and
Cæparius, who had not fled very far before he was taken, to one
Terentius. We can imagine how willingly would Crassus and
Cæsar have let their men go, had they dared. But Cicero was
in the ascendant. Cæsar, whom we can imagine to have
understood that the hour had not yet come for putting an end to the
effete Republic, and to have perceived also that Catiline was no
fit helpmate for him in such a work, must bide his time, and for
the moment obey. That he was inclined to favor the conspirators
there is no doubt; but at present he could befriend them only in
accordance with the law. The Allobroges were rewarded. The Prætors
in the city who had assisted Cicero were thanked. To Cicero himself
a supplication was decreed. A supplication was, in its origin, a
thanksgiving to the gods on account of a victory, but had come to
be an honor shown to the General who had gained the victory.<span
class='pagenum'><a name="Page_233" id="Page_233">
233</a></span>In this case it was simply a means of adding glory
to Cicero, and was peculiar, as hitherto the reward had only been
conferred for military service.<a name="FNanchor_205_205" id=
"FNanchor_205_205"></a><a href="#Footnote_205_205" class=
"fnanchor">205</a> Remembering that, we can understand what at
the time must have been the feeling in Rome as to the benefits
conferred by the activity and patriotism of the Consul.</p>
<p>On the evening of the same day, the 3d of December, Cicero again
addressed the people, explaining to them what he had done, and what
he had before explained in the Senate. This was the third Catiline
speech, and for rapid narrative is perhaps surpassed by nothing
that he ever spoke. He explains again the motives by which he had
been actuated; and in doing so extols the courage, the sagacity,
the activity of Catiline, while he ridicules the folly and the fury
of the others.<a name="FNanchor_206_206" id=
"FNanchor_206_206"></a><a href="#Footnote_206_206" class=
"fnanchor">206</a> Had Catiline remained, he says, we should have
been forced to fight with him here in the city; but with Lentulus
the sleepy, and Cassius the fat, and Cethegus the mad, it has been
comparatively easy to deal. It was on this account that he had got
rid of him, knowing that their presence would do no harm. Then he
reminds the people of all that the gods have done for them, and
addresses them in language which makes one feel that they did
believe in their gods. It is one instance, one out of many which
history and experience afford us, in which an honest and a good man
has endeavored to use for salutary purposes a faith in which he has
not himself participated. Does the bishop of to-day, when he calls
upon his clergy to <span class='pagenum'><a name="Page_234" id=
"Page_234">234</a></span>pray for fine weather, believe that
the Almighty will change the ordained seasons, and cause his causes
to be inoperative because farmers are anxious for their hay or for
their wheat? But he feels that when men are in trouble it is well
that they should hold communion with the powers of heaven. So much
also Cicero believed, and therefore spoke as he did on this
occasion. As to his own religious views, I shall say something in a
future chapter.</p>
<p>Then in a passage most beautiful for its language, though it is
hardly in accordance with our idea of the manner in which a man
should speak of himself, he explains his own ambition: "For all
which, my fellow-countrymen, I ask for no other recompense, no
ornament or honor, no monument but that this day may live in your
memories. It is within your breasts that I would garner and keep
fresh my triumph, my glory, the trophies of my exploits. No silent,
voiceless statue, nothing which can be bestowed upon the worthless,
can give me delight. Only by your remembrance can my fortunes be
nurtured—by your good words, by the records which you shall
cause to be written, can they be strengthened and perpetuated. I do
think that this day, the memory of which, I trust, may be eternal,
will be famous in history because the city has been preserved, and
because my Consulship has been glorious."<a name="FNanchor_207_207"
id="FNanchor_207_207"></a><a href="#Footnote_207_207" class=
"fnanchor">207</a> He ends the paragraph by an allusion to
Pompey, admitting Pompey to a brotherhood of patriotism and praise.
We shall see how Pompey repaid him.</p>
<p>How many things must have been astir in his mind when he spoke
those words of Pompey! In the next sentence he tells the people of
his own danger. He has taken care of their safety; it is for them
to take care of his.<a name="FNanchor_208_208" id=
"FNanchor_208_208"></a><a href="#Footnote_208_208" class=
"fnanchor">208</a> But they, these Quirites, these Roman
citizens, these masters of the world, by whom everything was
supposed to be governed, could take care <span class='pagenum'><a
name="Page_235" id="Page_235">235</a></span>of no one;
certainly not of themselves, as certainly not of another. They
could only vote, now this way and now that, as somebody might tell
them, or more probably as somebody might pay them. Pompey was
coming home, and would soon be the favorite. Cicero must have felt
that he had deserved much of Pompey, but was by no means sure that
the debt of gratitude would be paid.</p>
<p>Now we come to the fourth or last Catiline oration, which was
made to the Senate, convened on the 5th of December with the
purpose of deciding the fate of the leading conspirators who were
held in custody. We learn to what purport were three of the
speeches made during this debate—those of Cæsar and of
Cato and of Cicero. The first two are given to us by Sallust, but
we can hardly think that we have the exact words. The
Cæsarean spirit which induced Sallust to ignore altogether
the words of Cicero would have induced him to give his own
representation of the other two, even though we were to suppose
that he had been able to have them taken down by short-hand
writers—Cicero's words, we have no doubt, with such polishing
as may have been added to the short-hand writers' notes by Tiro,
his slave and secretary. The three are compatible each with the
other, and we are entitled to believe that we know the line of
argument used by the three orators.</p>
<p>Silanus, one of the Consuls elect, began the debate by
counselling death. We may take it for granted that he had been
persuaded by Cicero to make this proposition. During the discussion
he trembled at the consequences, and declared himself for an
adjournment of their decision till they should have dealt with
Catiline. Murena, the other Consul elect, and Catulus, the Prince
of the Senate,<a name="FNanchor_209_209" id=
"FNanchor_209_209"></a><a href="#Footnote_209_209" class=
"fnanchor">209</a> spoke for death. Tiberius Nero, grandfather of
Tiberius the Emperor, made that proposition for <span class=
'pagenum'><a name="Page_236" id="Page_236">
236</a></span>adjournment to which Silanus gave way. Then—or
I should rather say in the course of the debate, for we do not know
who else may have spoken—Cæsar got up and made his
proposition. His purpose was to save the victims, but he knew well
that, with such a spirit abroad as that existing in the Senate and
the city, he could only do so not by absolving but by condemning.
Wicked as these men might be, abominably wicked it was, he said,
for the Senate to think of their own dignity rather than of the
enormity of the crime. As they could not, he suggested, invent any
new punishment adequate to so abominable a crime, it would be
better that they should leave the conspirators to be dealt with by
the ordinary laws. It was thus that, cunningly, he threw out the
idea that as Senators they had no power of death. He did not dare
to tell them directly that any danger would menace them, but he
exposed the danger skilfully before their eyes. "Their crimes," he
says again, "deserve worse than any torture you can inflict. But
men generally recollect what comes last. When the punishment is
severe, men will remember the severity rather than the crime." He
argues all this extremely well. The speech is one of great
ingenuity, whether the words be the words of Sallust or of
Cæsar. We may doubt, indeed, whether the general assertion he
made as to death had much weight with the Senators when he told
them that death to the wicked was a relief, whereas life was a
lasting punishment; but when he went on to remind them of the Lex
Porcia, by which the power of punishing a Roman citizen, even under
the laws, was limited to banishment, unless by a plebiscite of the
people generally ordering death, then he was efficacious. He ended
by proposing that the goods of the conspirators should be sold, and
that the men should be condemned to imprisonment for life, each in
some separate town. This would, I believe, have been quite as
illegal as the death-sentence, but it would not have been
irrevocable. The Senate, or the people, in the next year could have
restored to the men their liberty, and <span class='pagenum'><a
name="Page_237" id="Page_237">237</a></span>compensated them
for their property. Cicero was determined that the men should die.
They had not obeyed him by leaving the city, and he was convinced
that while they lived the conspiracy would live also. He fully
understood the danger, and resolved to meet it. He replied to
Cæsar, and with infinite skill refrained from the expression
of any strong opinion, while he led his hearers to the conviction
that death was necessary. For himself he had been told of his
danger; "but if a man be brave in his duty death cannot be
disgraceful to him; to one who had reached the honors of the
Consulship it could not be premature; to no wise man could it be a
misery." Though his brother, though his wife, though his little
boy, and his daughter just married were warning him of his peril,
not by all that would he be influenced. "Do you," he says,
"Conscript Fathers, look to the safety of the Republic. These are
not the Gracchi, nor Saturninus, who are brought to you for
judgment—men who broke the laws, indeed, and therefore
suffered death, but who still were not unpatriotic. These men had
sworn to burn the city, to slay the Senate, to force Catiline upon
you as a ruler. The proofs of this are in your own hands. It was
for me, as your Consul, to bring the facts before you. Now it is
for you, at once, before night, to decide what shall be done. The
conspirators are very many; it is not only with these few that you
are dealing. On whatever you decide, decide quickly. Cæsar
tells you of the Sempronian law<a name="FNanchor_210_210" id=
"FNanchor_210_210"></a><a href="#Footnote_210_210" class=
"fnanchor">210</a>—the law, namely, forbidding the death of
a Roman citizen—but can he be regarded as a citizen who has
been found in arms against the city?" Then there is a fling at
Cæsar's assumed clemency, showing us that Cæsar had
already <span class='pagenum'><a name="Page_238" id="Page_238">
238</a></span>endeavored to make capital out of that virtue which
he displayed afterward so signally at Alesia and Uxellodunum. Then
again he speaks of himself in words so grand that it is impossible
but to sympathize with him: "Let Scipio's name be glorious—he
by whose wisdom and valor Hannibal was forced out of Italy. Let
Africanus be praised loudly, who destroyed Carthage and Numantia,
the two cities which were most hostile to Rome. Let Paulus be
regarded as great—he whose triumph that great King Perses
adorned. Let Marius be held in undying honor, who twice saved Italy
from foreign yoke. Let Pompey be praised above all, whose noble
deeds are as wide as the sun's course. Perhaps among them there may
be a spot, too, for me; unless, indeed, to win provinces to which
we may take ourselves in exile is more than to guard that city to
which the conquerors of provinces may return in safety." The last
words of the orator also are fine: "Therefore, Conscript Fathers,
decide wisely and without fear. Your own safety, and that of your
wives and children, that of your hearths and altars, the temples of
your gods, the homes contained in your city, your liberty, the
welfare of Italy and of the whole Republic are at stake. It is for
you to decide. In me you have a Consul who will obey your decrees,
and will see that they be made to prevail while the breath of life
remains to him." Cato then spoke advocating death, and the Senate
decreed that the men should die. Cicero himself led Lentulus down
to the vaulted prison below, in which executioners were ready for
the work, and the other four men were made to follow. A few minutes
afterward, in the gleaming of the evening, when Cicero was being
led home by the applauding multitude, he was asked after the fate
of the conspirators. He answered them but by one word
"Vixerunt"—there is said to have been a superstition with the
Romans as to all mention of death—"They have lived their
lives."</p>
<p>As to what was being done outside Rome with the army of
conspirators in Etruria, it is not necessary for the biographer
<span class='pagenum'><a name="Page_239" id="Page_239">
239</a></span>of Cicero to say much. Catiline fought, and died
fighting. The conspiracy was then over. On the 31st of December
Cicero retired from his office, and Catiline fell at the battle of
Pistoia on the 5th of January following, <span class=
"smcap">b.c.</span> 62.</p>
<p>A Roman historian writing in the reign of Tiberius has thought
it worth his while to remind us that a great glory was added to
Cicero's consular year by the birth of Augustus—him who
afterward became Augustus Cæsar.<a name="FNanchor_211_211"
id="FNanchor_211_211"></a><a href="#Footnote_211_211" class=
"fnanchor">211</a> Had a Roman been living now, he might be
excused for saying that it was an honor to Augustus to have been
born in the year of Cicero's Consulship.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_240" id="Page_240">
240</a></span></p>
<h3><a name="CHAPTER_X" id="CHAPTER_X"></a><span class="smcap">Chapter X.</span></h3>
<h4><i>CICERO AFTER HIS CONSULSHIP.</i></h4>
<p>The idea that the great Consul had done illegally in putting
citizens to death was not allowed to lie dormant even for a day. It
must be remembered that a decree of the Senate had no power as a
law. The laws could be altered, or even a new law made, only by the
people. Such was the constitution of the Republic. Further on, when
Cicero will appeal as, in fact, on trial for the offence so alleged
to have been committed, I shall have to discuss the matter; but the
point was raised against him, even in the moment of his triumph, as
he was leaving the Consulship. The reiteration of his self-praise
had created for him many enemies. It had turned friends against
him, and had driven men even of his own party to ask themselves
whether all this virtue was to be endured. When a man assumes to be
more just than his neighbors there will be many ways found of
throwing in a shell against him. It was customary for a Consul when
he vacated his office to make some valedictory speech. Cicero was
probably expected to take full advantage of the opportunity. From
other words which have come from him, on other occasions but on the
same subject, it would not be difficult to compose such a speech as
he might have spoken. But there were those who were already sick of
hearing him say that Rome had been saved by his intelligence and
courage. We can imagine what Cæsar might have said among his
friends of the expediency of putting down this self-laudatory
Consul. As it was, Metellus Nepos, one of the Tribunes, forbade the
retiring officer to do more <span class='pagenum'><a name=
"Page_241" id="Page_241">241</a></span>than take the oath
usual on leaving office, because he had illegally inflicted death
upon Roman citizens. Metellus, as Tribune, had the power of
stopping any official proceeding. We hear from Cicero himself that
he was quite equal to the occasion. He swore, on the spur of the
moment, a solemn oath, not in accordance with the form common to
Consuls on leaving office, but to the effect that during his
Consulship Rome had been saved by his work alone.<a name=
"FNanchor_212_212" id="FNanchor_212_212"></a><a href=
"#Footnote_212_212" class="fnanchor">212</a> We have the story
only as it is told by Cicero himself, who avers that the people
accepted the oath as sworn with exceeding praise.<a name=
"FNanchor_213_213" id="FNanchor_213_213"></a><a href=
"#Footnote_213_213" class="fnanchor">213</a> That it was so we
may, I think, take as true. There can be no doubt as to Cicero's
popularity at this moment, and hardly a doubt also as to the fact
that Metellus was acting in agreement with Cæsar, and also in
accord with the understood feelings of Pompey, who was absent with
his army in the East. This Tribune had been till lately an officer
under Pompey, and went into office together with Cæsar, who
in that year became Prætor. This, probably, was the beginning of
the party which two years afterward formed the first Triumvirate,
<span class="smcap">b.c.</span> 60. It was certainly now, in the
year succeeding the Consulship of Cicero, that Cæsar, as
Prætor, began his great career.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 62,
ætat 45.</div>
<p>It becomes manifest to us, as we read the history of the time,
that the Dictator of the future was gradually entertaining the idea
that the old forms of the Republic were rotten, and that any man
who intended to exercise power in Rome or within the Roman Empire
must obtain it and keep it by illegal means. He had probably
adhered to Catiline's first conspiracy, but only with such moderate
adhesion as enabled him to withdraw when he found that his
companions were not fit for the work. It is manifest that he
sympathized with the <span class='pagenum'><a name="Page_242" id=
"Page_242">242</a></span>later conspiracy, though it may be
doubted whether he himself had ever been a party to it. When the
conspiracy had been crushed by Cicero, he had given his full assent
to the crushing of it. We have seen how loudly he condemned the
wickedness of the conspirators in his endeavor to save their lives.
But, through it all, there was a well-grounded conviction in his
mind that Cicero, with all his virtues, was not practical. Not that
Cicero was to him the same as Cato, who with his Stoic
grandiloquence must, to his thinking, have been altogether useless.
Cicero, though too virtuous for supreme rule, too virtuous to seize
power and hold it, too virtuous to despise as effete the
institutions of the Republic, was still a man so gifted, and
capable in so many things, as to be very great as an assistant, if
he would only condescend to assist. It is in this light that
Cæsar seems to have regarded Cicero as time went on; admiring
him, liking him, willing to act with him if it might be possible,
but not the less determined to put down all the attempts at
patriotic republican virtue in which the orator delighted to
indulge. Mr. Forsyth expresses an opinion that Cæsar, till he
crossed the Rubicon after his ten years' fighting in Gaul, had
entertained no settled plan of overthrowing the Constitution.
Probably not; nor even then. It may be doubted whether Cæsar
ever spoke to himself of overthrowing the Constitution. He came
gradually to see that power and wealth were to be obtained by
violent action, and only by violent action. He had before him the
examples of Marius and Sulla, both of whom had enjoyed power and
had died in their beds. There was the example, also, of others who,
walking unwarily in those perilous times, had been banished as was
Verres, or killed as was Catiline. We can easily understand that
he, with his great genius, should have acknowledged the need both
of courage and caution. Both were exercised when he consented to be
absent from Rome, and almost from Italy, during the ten years of
the Gallic wars. But this, I think, is certain, that from the time
in which his name appears prominent—from <span class=
'pagenum'><a name="Page_243" id="Page_243">243</a></span>the
period, namely, of the Catiline conspiracy—he had determined
not to overthrow the Constitution, but so to carry himself, amid
the great affairs of the day, as not to be overthrown himself.</p>
<p>Of what nature was the intercourse between him and Pompey when
Pompey was still absent in the East we do not know; but we can
hardly doubt that some understanding had begun to exist. Of this
Cicero was probably aware. Pompey was the man whom Cicero chose to
regard as his party-leader, not having himself been inured to the
actual politics of Rome early enough in life to put himself forward
as the leader of his party. It had been necessary for him, as a
"novus homo," to come forward and work as an advocate, and then as
an administrative officer of the State, before he took up with
politics. That this was so I have shown by quoting the opening
words of his speech Pro Lege Manilia. Proud as he was of the doings
of his Consulship, he was still too new to his work to think that
thus he could claim to stand first. Nor did his ambition lead him
in that direction. He desired personal praise rather than personal
power. When in the last Catiline oration to the people he speaks of
the great men of the Republic—of the two Scipios, and of
Paulus Æmilius and of Marius—he adds the name of Pompey to
these names; or gives, rather, to Pompey greater glory than to any
of them; "Anteponatur omnibus Pompeius." This was but a few days
before Metellus as Tribune had stopped him in his speech—at
the instigation, probably, of Cæsar, and in furtherance of
Pompey's views. Pompey and Cæsar could agree, at any rate, in
this—that they did not want such a one as Cicero to interfere
with them.</p>
<p>All of which Cicero himself perceived. The specially rich
province of Macedonia, which would have been his had he chosen to
take it on quitting the Consulship, he made over to Antony—no
doubt as a bribe, as with us one statesman may resign a special
office to another to keep that other from kicking over the traces.
Then Gaul became his province, <span class='pagenum'><a name=
"Page_244" id="Page_244">244</a></span>as
allotted—Cisalpine Gaul, as northern Italy was then called; a
province less rich in plunder and pay than Macedonia. But Cicero
wanted no province, and had contrived that this should be confided
to Metellus Celer, the brother of Nepos, who, having been Prætor
when he himself was Consul, was entitled to a government. This too
was a political bribe. If courtesy to Cæsar, if provinces
given up here and there to Antonys and Metelluses, if flattery
lavished on Pompey could avail anything, he could not afford to
dispense with such aids. It all availed nothing. From this time
forward, for the twenty years which were to run before his death,
his life was one always of trouble and doubt, often of despair, and
on many occasions of actual misery. The source of this was that
Pompey whom, with divine attributes, he had extolled above all
other Romans.</p>
<p>The first extant letter written by Cicero after his Consulship
was addressed to Pompey.<a name="FNanchor_214_214" id=
"FNanchor_214_214"></a><a href="#Footnote_214_214" class=
"fnanchor">214</a> Pompey was still in the East, but had
completed his campaigns against Mithridates successfully. Cicero
begins by congratulating him, as though to do so were the purpose
of his letter. Then he tells the victorious General that there were
some in Rome not so well pleased as he was at these victories. It
is supposed that he alluded here to Cæsar; but, if so, he
probably misunderstood the alliance which was already being formed
between Cæsar and Pompey. After that comes the real object of
the epistle. He had received letters from Pompey congratulating him
in very cold language as to the glories of his Consulship. He had
expected much more than that from the friend for whom he had done
so much. Still, he thanks his friend, explaining that the
satisfaction really necessary to him was the feeling that he had
behaved well to his friend. If his friend were less friendly to him
in return, then would the balance of friendship be on his side. If
Pompey <span class='pagenum'><a name="Page_245" id="Page_245">
245</a></span>were not bound to him, Cicero, by personal
gratitude, still would he be bound by necessary co-operation in the
service of the Republic. But, lest Pompey should misunderstand him,
he declares that he had expected warmer language in reference to
his Consulship, which he believes to have been withheld by Pompey
lest offence should be given to some third person. By this he means
Cæsar, and those who were now joining themselves to
Cæsar. Then he goes on to warn him as to the future:
"Nevertheless, when you return, you will find that my actions have
been of such a nature that, even though you may loom larger than
Scipio, I shall be found worthy to be accepted as your Lælius."<a
name="FNanchor_215_215" id="FNanchor_215_215"></a><a href=
"#Footnote_215_215" class="fnanchor">215</a></p>
<p>Infinite care had been given to the writing of this letter, and
sharp had been the heart-burnings which dictated it. It was only by
asserting that he, on his own part, was satisfied with his own
fidelity as a friend, that Cicero could express his dissatisfaction
at Pompey's coldness. It was only by continuing to lavish upon
Pompey such flattery as was contained in the reference to Scipio,
in which a touch of subtle irony is mixed with the flattery, that
he could explain the nature of the praise which had, he thought,
been due to himself. There is something that would have been abject
in the nature of these expressions, had it not been Roman in the
excess of the adulation. But there is courage in the letter, too,
when he tells his correspondent what he believes to have been the
cause of the coldness of which he complains: "Quod verere ne cujus
animum offenderes"—"Because you fear lest you should give
offence to some one." But let me tell you, he goes on to say, that
my Consulship has been of such a nature that you, Scipio, as you
are, must admit me as your friend.</p>
<p>In these words we find a key to the whole of Cicero's connection
<span class='pagenum'><a name="Page_246" id="Page_246">
246</a></span>with the man whom he recognizes as his political
leader. He was always dissatisfied with Pompey; always accusing
Pompey in his heart of ingratitude and insincerity; frequently
speaking to Atticus with bitter truth of the man's selfishness and
incapacity, even of his cruelty and want of patriotism; nicknaming
him because of his absurdities; declaring of him that he was minded
to be a second Sulla; but still clinging to him as the political
friend and leader whom he was bound to follow. In their earlier
years, when he could have known personally but little of Pompey,
because Pompey was generally absent from Rome, he had taken it into
his head to love the man. He had been called "Magnus;" he had been
made Consul long before the proper time; he had been successful on
behalf of the Republic, and so far patriotic. He had hitherto
adhered to the fame of the Republic. At any rate, Cicero had
accepted him, and could never afterward bring himself to be
disloyal to the leader with whom he had professed to act. But the
feeling evinced in this letter was carried on to the end. He had
been, he was, he would be, true to his political connection with
Pompey; but of Pompey's personal character to himself he had
nothing but complaints to make.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 62,
ætat 45.</div>
<p>We have two other letters written by Cicero in this year, the
first of which is in answer to one from Metellus Celer to him, also
extant. Metellus wrote to complain of the ill-treatment which he
thought he had received from Cicero in the Senate, and from the
Senate generally. Cicero writes back at much greater length to
defend himself, and to prove that he had behaved as a most obliging
friend to his correspondent, though he had received a gross affront
from his correspondent's brother Nepos. Nepos had prevented him in
that matter of the speech. It is hardly necessary to go into the
question of this quarrel, except in so far as it may show how the
feeling which led to Cicero's exile was growing up among many of
the aristocracy in Rome. There was a counterplot going on at the
moment—a plot on the behalf of <span class='pagenum'><a name=
"Page_247" id="Page_247">247</a></span>the aristocracy for
bringing back Pompey to Rome, not only with glory but with power,
probably originating in a feeling that Pompey would be a more
congenial master than Cicero. It was suggested that as Pompey had
been found good in all State emergencies—for putting down the
pirates, for instance, and for conquering Mithridates—he
would be the man to contend in arms with Catiline. Catiline was
killed before the matter could be brought to an issue, but still
the conspiracy went on, based on the jealousy which was felt in
regard to Cicero. This man, who had declared so often that he had
served his country, and who really had crushed the Catilinarians by
his industry and readiness, might, after all, be coming forward as
another Sulla, and looking to make himself master by dint of his
virtues and his eloquence. The hopelessness of the condition of the
Republic may be recognized in the increasing conspiracies which
were hatched on every side. Metellus Nepos was sent home from Asia
in aid of the conspiracy, and got himself made Tribune, and stopped
Cicero's speech. In conjunction with Cæsar, who was Prætor,
he proposed his new law for the calling of Pompey to their aid.
Then there was a fracas between him and Cæsar on the one side
and Cato on the other, in which Cato at last was so far victorious
that both Cæsar and Metellus were stopped in the performance
of their official duties. Cæsar was soon reinstated, but
Metellus Nepos returned to Pompey in the East, and nothing came of
the conspiracy. It is only noticed here as evidence of the feeling
which existed as to Cicero in Rome, and as explaining the
irritation on both sides indicated in the correspondence between
Cicero and Metellus Celer, the brother of Nepos,<a name=
"FNanchor_216_216" id="FNanchor_216_216"></a><a href=
"#Footnote_216_216" class="fnanchor">216</a> whom Cicero had
procured the government of Gaul.</p>
<p><span class='pagenum'><a name="Page_248" id="Page_248">
248</a></span>The third letter from Cicero in this year was to
Sextius, who was then acting as Quæstor—or Proquæstor, as
Cicero calls him—with Antony as Proconsul in Macedonia. It is
specially interesting as telling us that the writer had just
completed the purchase of a house in Rome from Crassus for a sum
amounting to about £30,000 of our money. There was probably
no private mansion in Rome of greater pretension. It had been owned
by Livius Drusus, the Tribune—a man of colossal fortune, as
we are told by Mommsen—who was murdered at the door of it
thirty years before. It afterward passed into the hands of Crassus
the rich, and now became the property of Cicero. We shall hear how
it was destroyed during his exile, and how fraudulently made over
to the gods, and then how restored to Cicero, and how rebuilt at
the public expense. The history of the house has been so well
written that we know even the names of Cicero's two successors in
it, Censorinus and Statilius.<a name="FNanchor_217_217" id=
"FNanchor_217_217"></a><a href="#Footnote_217_217" class=
"fnanchor">217</a> It is interesting to know the sort of house
which Cicero felt to be suitable to his circumstances, for by that
we may guess what his circumstances were. In making this purchase
<span class='pagenum'><a name="Page_249" id="Page_249">
249</a></span>he is supposed to have abandoned the family house in
which his father had lived next door to the new mansion, and to
have given it up to his brother. Hence we may argue that he had
conceived himself to have risen in worldly circumstances.
Nevertheless, we are informed by himself in this letter to Sextius
that he had to borrow money for the occasion—so much so that,
being a man now indebted, he might be supposed to be ripe for any
conspiracy. Hence has come to us a story through Aulus Gellius, the
compiler of anecdotes, to the effect that Cicero was fain to borrow
this money from a client whose cause he undertook in requital for
the favor so conferred. Aulus Gellius collected his stories two
centuries afterward for the amusement of his children, and has
never been regarded as an authority in matters for which
confirmation has been wanting. There is no allusion to such
borrowing from a client made by any contemporary. In this letter to
Sextius, in which he speaks jokingly of his indebtedness, he
declares that he has been able to borrow any amount he wanted at
six per cent—twelve being the ordinary rate—and gives
as a reason for this the position which he has achieved by his
services to the State. Very much has been said of the story, as
though the purchaser of the house had done something of which he
ought to have been ashamed, but this seems to have sprung entirely
from the idea that a man who, in the midst of such wealth as
prevailed at Rome, had practised so widely and so successfully the
invaluable profession of an advocate, must surely have taken money
for his services. He himself has asserted that he took none, and
all the evidence that we have goes to show that he spoke the truth.
Had he taken money, even as a loan, we should have heard of it from
nearer witnesses than Aulus Gellius, if, as Aulus Gellius tells us,
it had become known at the time. But because he tells his friend
that he has borrowed money for the purpose, he is supposed to have
borrowed it in a disgraceful manner! It will be found that all the
stones most injurious to Cicero's reputation have been produced in
the same manner. His own words <span class='pagenum'><a name=
"Page_250" id="Page_250">250</a></span>have been
misinterpreted—either the purport of them, if spoken in
earnest, or their bearing, if spoken in joke—and then
accusations have been founded on them.<a name="FNanchor_218_218"
id="FNanchor_218_218"></a><a href="#Footnote_218_218" class=
"fnanchor">218</a></p>
<p>Another charge of dishonest practice was about this time made
against Cicero without a grain of evidence, though indeed the
accusations so made, and insisted upon, apparently from a feeling
that Cicero cannot surely have been altogether clean when all
others were so dirty, are too numerous to receive from each
reader's judgment that indignant denial to which each is entitled.
The biographer cannot but fear that when so much mud has been
thrown some will stick, and therefore almost hesitates to tell of
the mud, believing that no stain of this kind has been in truth
deserved.</p>
<p>It seems that Antony, Cicero's colleague in the Consulship,
<span class='pagenum'><a name="Page_251" id="Page_251">
251</a></span>who became Proconsul in Macedonia, had undertaken to
pay some money to Cicero. Why the money was to be paid we do not
know, but there are allusions in Cicero's letters to Atticus to one
Teucris (a Trojan woman), and it seems that Antony was designated
by the nickname. Teucris is very slow at paying his money, and
Cicero is in want of it. But perhaps it will be as well not to push
the matter. He, Antony, is to be tried for provincial peculation,
and Cicero declares that the case is so bad that he cannot defend
his late colleague. Hence have arisen two different suspicions: one
that Antony had agreed to make over to Cicero a share of the
Macedonian plunder in requital of Cicero's courtesy in giving up
the province which had been allotted to himself; the second, that
Antony was to pay Cicero for defending him. As to the former,
Cicero himself alludes to such a report as being common in
Macedonia, and as having been used by Antony himself as an excuse
for increased rapine. But this has been felt to be incredible, and
has been allowed to fall to the ground because of the second
accusation. But in support of that there is no word of evidence,<a
name="FNanchor_219_219" id="FNanchor_219_219"></a><a href=
"#Footnote_219_219" class="fnanchor">219</a> whereas the tenor of
the story as told by Cicero himself is against it. Is it likely,
would it be possible, that Cicero should have begun his letter to
Atticus by complaining that he could not get from Antony money
wanted for a peculiar purpose—it was wanted for his new
house—and have gone on in the same letter to say that this
might be as well, after all, as he did not intend to perform the
service for which the money was to be paid? The reader will
remember that the accusation is based solely on Cicero's own
statement that Antony was negligent in paying to him money <span
class='pagenum'><a name="Page_252" id="Page_252">
252</a></span>that had been promised. In all these accusations the
evidence against Cicero, such as it is, is brought exclusively from
Cicero's own words. Cicero did afterward defend this Antony, as we
learn from his speech Pro Domo Suâ; but his change of purpose
in that respect has nothing to do with the argument.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 62,
ætat 45.</div>
<p>We have two speeches extant made this year: one on behalf of P.
Sulla, nephew to the Dictator; the other for Archias the Greek
scholar and poet, who had been Cicero's tutor and now claimed to be
a citizen of Rome. I have already given an extract from this
letter, as showing the charm of words with which Cicero could
recommend the pursuit of literature to his hearers. The whole
oration is a beautiful morsel of Latinity, in which, however,
strength of argument is lacking. Cicero declares of Archias that he
was so eminent in literature that, if not a Roman citizen, he ought
to be made one. The result is not known, but the literary world
believes that the citizenship was accorded to him.<a name=
"FNanchor_220_220" id="FNanchor_220_220"></a><a href=
"#Footnote_220_220" class="fnanchor">220</a></p>
<p>The speech on behalf of Sulla was more important, but still not
of much importance. This Sulla, as may be remembered, had been
chosen as Consul with Autronius, two years before the Consulship of
Cicero, and he had then after his election been deposed for
bribery, as had also Autronius. L. Aurelius Cotta and L. Manlius
Torquatus had been elected in their places. It has also been
already explained that the two rejected Consuls had on this account
joined Catiline in his first conspiracy.<span class='pagenum'><a
name="Page_253" id="Page_253">253</a></span>There can be no
doubt that whether as Consuls or as rejected Consuls, and on that
account conspirators, their purpose was to use their position as
aristocrats for robbing the State. They were of the number of those
to whom no other purpose was any longer possible. Then there came
Catiline's second conspiracy—the conspiracy which Cicero had
crushed—and there naturally rose the question whether from
time to time this or the other noble Roman should not be accused of
having joined it. Many noble Romans had no doubt joined besides
those who had fallen fighting, or who had been executed in the
dungeons. Accusations became very rife. One Vettius accused
Cæsar, the Prætor; but Cæsar, with that potentiality
which was peculiar to him, caused Vettius to be put into prison
instead of going to prison himself. Many were convicted and
banished; among them Porcius Leca, Vargunteius, Servius Sulla, the
brother of him of whom we are now speaking, and Autronius his
colleague. In the trial of these men Cicero took no part. He was
specially invited by Autronius, who was an old school-fellow, to
defend him, but he refused; indeed, he gave evidence against
Autronius at the trial. But this Publius Sulla he did defend, and
defended successfully. He was joined in the case with Hortensius,
and declared that as to the matter of the former conspiracy he left
all that to his learned friend, who was concerned with political
matters of that date.<a name="FNanchor_221_221" id=
"FNanchor_221_221"></a><a href="#Footnote_221_221" class=
"fnanchor">221</a> He, Cicero, had known nothing about them. The
part of the oration which most interests us is that in which he
defends himself from the accusations somewhat unwisely made against
himself personally by young Torquatus, the son of him who had been
raised to the Consulship in the place of P. Sulla. Torquatus had
called him a foreigner because he was a "novus <span class=
'pagenum'><a name="Page_254" id="Page_254">
254</a></span>homo," and had come from the municipality of
Arpinum, and had taunted him with being a king, because he had
usurped authority over life and death in regard to Lentulus and the
other conspirators. He answers this very finely, and does so
without an ill-natured word to young Torquatus, whom, from respect
to his father, he desires to spare. "Do not," he says, "in future
call me a foreigner, lest you be answered with severity, nor a
king, lest you be laughed at—unless, indeed, you think it
king-like so to live as to be a slave not only to no man but to no
evil passion; unless you think it be king-like to despise all
lusts, to thirst for neither gold nor silver nor goods, to express
yourself freely in the Senate, to think more of services due to the
people than of favors won from them, to yield to none, and to stand
firm against many. If this be king-like, then I confess that I am a
king." Sulla was acquitted, but the impartial reader will not the
less feel sure that he had been part and parcel with Catiline in
the conspiracy. It is trusted that the impartial reader will also
remember how many honest, loyal gentlemen have in our own days
undertaken the causes of those whom they have known to be rebels,
and have saved those rebels by their ingenuity and eloquence.</p>
<p>At the end of this year, <span class="smcap">b.c.</span> 62,
there occurred a fracas in Rome which was of itself but of little
consequence to Rome, and would have been of none to Cicero but that
circumstances grew out of it which created for him the bitterest
enemy he had yet encountered, and led to his sorest trouble. This
was the affair of Clodius and of the mysteries of the Bona Dea, and
I should be disposed to say that it was the greatest misfortune of
his life, were it not that the wretched results which sprung from
it would have been made to spring from some other source had that
source not sufficed. I shall have to tell how it came to pass that
Cicero was sent into exile by means of the misconduct of Clodius;
but I shall have to show also that the misconduct of Clodius was
but the tool which was used by those who were desirous of ridding
themselves of the presence of Cicero.</p>
<p><span class='pagenum'><a name="Page_255" id="Page_255">
255</a></span>This Clodius, a young man of noble family and of
debauched manners, as was usual with young men of noble families,
dressed himself up as a woman, and made his way in among the ladies
as they were performing certain religious rites in honor of the
Bona Dea, or Goddess Cybele, a matron goddess so chaste in her
manners that no male was admitted into her presence. It was
specially understood that nothing appertaining to a man was to be
seen on the occasion, not even the portrait of one; and it may
possibly have been the case that Clodius effected his entrance
among the worshipping matrons on this occasion simply because his
doing so was an outrage, and therefore exciting. Another reason was
alleged. The rites in question were annually held, now in the house
of this matron and then of that, and during the occasion the very
master of the house was excluded from his own premises. They were
now being performed under the auspices of Pompeia, the wife of
Julius Cæsar, the daughter of one Quintus Pompeius, and it
was alleged that Clodius came among the women worshippers for the
sake of carrying on an intrigue with Cæsar's wife. This was
highly improbable, as Mr. Forsyth has pointed out to us, and the
idea was possibly used simply as an excuse to Cæsar for
divorcing a wife of whom he was weary. At any rate, when the
scandal got abroad, he did divorce Pompeia, alleging that it did
not suit Cæsar to have his wife suspected.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 61,
ætat 46.</div>
<p>The story became known through the city, and early in January
Cicero wrote to Atticus, telling him the facts: "You have probably
heard that Publius Clodius, the son of Appius, has been taken
dressed in a woman's clothes in the house of Caius Cæsar,
where sacrifice was being made for the people, and that he escaped
by the aid of a female slave. You will be sorry to hear that it has
given rise to a great scandal."<a name="FNanchor_222_222" id=
"FNanchor_222_222"></a><a href="#Footnote_222_222" class=
"fnanchor">222</a> A few days afterward Cicero speaks of it again
to Atticus at greater length, and we learn that the matter had been
<span class='pagenum'><a name="Page_256" id="Page_256">
256</a></span>taken up by the magistrates with the view of
punishing Clodius. Cicero writes without any strong feeling of his
own, explaining to his friend that he had been at first a very
Lycurgus in the affair, but that he is now tamed down.<a name=
"FNanchor_223_223" id="FNanchor_223_223"></a><a href=
"#Footnote_223_223" class="fnanchor">223</a> Then there is a
third letter in which Cicero is indignant because certain men of
whom he disapproves, the Consul Piso among the number<a name=
"FNanchor_224_224" id="FNanchor_224_224"></a><a href=
"#Footnote_224_224" class="fnanchor">224</a> are anxious to save
this wicked young nobleman from the punishment due to him; whereas
others of whom he approves Cato among the number, are desirous of
seeing justice done. But it was no affair special to Cicero.
Shortly afterward he writes again to Atticus as to the result of
the trial—for a trial did take place—and explains to
his friend how justice had failed. Atticus had asked him how it had
come to pass that he, Cicero, had not exerted himself as he usually
did.<a name="FNanchor_225_225" id="FNanchor_225_225"></a><a href=
"#Footnote_225_225" class="fnanchor">225</a> This letter, though
there is matter enough in it of a serious kind, yet jests with the
Clodian affair so continually as to make us feel that he attributed
no importance to it as regarded himself. He had exerted himself
till Hortensius made a mistake as to the selection of the judges.
After that he had himself given evidence. An attempt was made to
prove an alibi, but Cicero came forward to swear that he had seen
Clodius on the very day in question. There had, too, been an
exchange of repartee in the Senate between himself and Clodius
after the acquittal, of which he gives the details to his
correspondent with considerable self-satisfaction. The passage does
not enhance our idea of the dignity of the Senate, or of the power
of Roman raillery. It was known that Clodius had been saved by the
wholesale bribery of a large number of the judges. There had been
twenty-five for condemning against thirty-one for acquittal.<a
name="FNanchor_226_226" id="FNanchor_226_226"></a><a href=
"#Footnote_226_226" class="fnanchor">226</a> <span class=
'pagenum'><a name="Page_257" id="Page_257">
257</a></span>Cicero in the Catiline affair had used a phrase with
frequency by which he boasted that he had "found out" this and
"found out" that—"comperisse omnia." Clodius, in the
discussion before the trial, throws this in his teeth: "Comperisse
omnia criminabatur." This gave rise to ill-feeling, and hurt Cicero
much worse than the dishonor done to the Bona Dea. As for that, we
may say that he and the Senate and the judges cared personally very
little, although there was no doubt a feeling that it was wise to
awe men's minds by the preservation of religious respect. Cicero
had cared but little about the trial; but as he had been able to
give evidence he had appeared as a witness, and enmity sprung from
the words which were spoken both on one side and on the other.
Clodius was acquitted, which concerns us not at all, and concerns
Rome very little; but things had so come to pass at the trial that
Cicero had been very bitter, and that Clodius had become his enemy.
When a man was wanted, three years afterward, to take the lead in
persecuting Cicero, Clodius was ready for the occasion.</p>
<p>While the expediency of putting Clodius on his trial was being
discussed, Pompey had returned from the East, and taken up his
residence outside the city, because he was awaiting his triumph.
The General, to whom it was given to march through the city with
triumphal glory, was bound to make his first entrance after his
victories with all his triumphal appendages, as though he was at
that moment returning from the war with all his warlike spoils
around him. The usage had obtained the strength of law, but the
General was not on that account debarred from city employment
during the interval. The city must be taken out to him instead of
his coming into the city. Pompey was so great on his return from
his Mithridatic victories that the Senate went out to sit with him
in the suburbs, as he could not sit with it within the walls. We
find him taking <span class='pagenum'><a name="Page_258" id=
"Page_258">258</a></span>part in these Clodian discussions.
Cicero at once writes of him to Athens with evident
dissatisfaction. When questioned about Clodius, Pompey had answered
with the grand air of aristocrat. Crassus on this occasion, between
whom and Cicero there was never much friendship, took occasion to
belaud the late great Consul on account of his Catiline successes.
Pompey, we are told, did not bear this well.<a name=
"FNanchor_227_227" id="FNanchor_227_227"></a><a href=
"#Footnote_227_227" class="fnanchor">227</a> Crassus had probably
intended to produce some such effect. Then Cicero had spoken in
answer to the remarks of Crassus, very glibly, no doubt, and had
done his best to "show off" before Pompey, his new listener.<a
name="FNanchor_228_228" id="FNanchor_228_228"></a><a href=
"#Footnote_228_228" class="fnanchor">228</a> More than six years
had passed since Pompey could have heard him, and then Cicero's
voice had not become potential in the Senate. Cicero had praised
Pompey with all the eloquence in his power. "Anteponatur omnibus
Pompeius," he had said, in the last Catiline oration to the Senate;
and Pompey, though he had not heard the words spoken, knew very
well what had been said. Such oratory was never lost upon those
whom it most concerned the orator to make acquainted with it. But
in return for all this praise, for that Manilian oration which had
helped to send him to the East, for continual loyalty, Pompey had
replied to Cicero with coldness. He would now let Pompey know what
was his standing in Rome. "If ever," he says to Atticus, "I was
strong with my grand rhythm, with my quick rhetorical passages,
with enthusiasm, and with logic, I was so now. Oh, the noise that I
made on the occasion! You know what my voice can do. I need say no
more about it, as surely you must have heard me away there in
Epirus." The reader, I trust, will have already a sufficiently
vivid idea of Cicero's character to understand the mingling of
triumph and badinage, with a spark of disappointment, which is here
expressed. "This Pompey, though I have <span class='pagenum'><a
name="Page_259" id="Page_259">259</a></span>been so true to
him, has not thought much of me—of me, the great Consul who
saved Rome! He has now heard what even Crassus has been forced to
say about me. He shall hear me too, me myself, and perhaps he will
then know better." It was thus that Cicero's mind was at work while
he was turning his loud periods. Pompey was sitting next to him
listening, by no means admiring his admirer as that admirer
expected to be admired. Cicero had probably said to himself that
they two together, Pompey and Cicero, might suffice to preserve the
Republic. Pompey, not thinking much of the Republic, was probably
telling himself that he wanted no brother near the throne. When of
two men the first thinks himself equal to the second, the second
will generally feel himself to be superior to the first. Pompey
would have liked Cicero better if his periods had not been so round
nor his voice so powerful. Not that Pompey was distinctly desirous
of any throne. His position at the moment was peculiar. He had
brought back his victorious army from the East to Brundisium, and
had then disbanded his legions. I will quote here the opening words
from one of Mommsen's chapters:<a name="FNanchor_229_229" id=
"FNanchor_229_229"></a><a href="#Footnote_229_229" class=
"fnanchor">229</a> "When Pompeius, after having transacted the
affairs committed to his charge, again turned his eyes toward home,
he found, for the second time, the diadem at his feet." He says
farther on, explaining why Pompey did not lift the diadem: "The
very peculiar temperament of Pompeius naturally turned once more
the scale. He was one of those men who are capable, it may be, of a
crime, but not of insubordination." And again: "While in the
capital all was preparation for receiving the new monarch, news
<span class='pagenum'><a name="Page_260" id="Page_260">
260</a></span>came that Pompeius, when barely landed at
Brundisium, had broken up his legions, and with a small escort had
entered his journey to the capital. If it is a piece of
good-fortune to gain a crown without trouble, fortune never did
more for mortal than it did for Pompeius; but on those who lack
courage the gods lavish every favor and every gift in vain." I must
say here that, while I acknowledge the German historian's research
and knowledge without any reserve, I cannot accept his deductions
as to character. I do not believe that Pompey found any diadem at
his feet, or thought of any diadem, nor, according to my reading of
Roman history, had Marius or had Sulla; nor did Cæsar. The
first who thought of that perpetual rule—a rule to be
perpetuated during the ruler's life, and to be handed down to his
successors—was Augustus. Marius, violent, self-seeking, and
uncontrollable, had tumbled into supreme power; and, had he not
died, would have held it as long as he could, because it pleased
his ambition for the moment. Sulla, with a purpose, had seized it,
yet seems never to have got beyond the old Roman idea of a
temporary Dictatorship. The old Roman horror of a king was present
to these Romans, even after they had become kings. Pompey, no
doubt, liked to be first, and when he came back from the East
thought that by his deeds he was first, easily first. Whether
Consul year after year, as Marius had been, or Dictator, as Sulla
had been, or Imperator, with a running command over all the Romans,
it was his idea still to adhere to the forms of the Republic.
Mommsen, foreseeing—if an historian can be said to foresee
the future from his standing-point in the past—that a master
was to come for the Roman Empire, and giving all his sympathies to
the Cæsarean idea, despises Pompey because Pompey would not
pick up the diadem. No such idea ever entered Pompey's head. After
a while he "Sullaturized"—was desirous of copying
Sulla—to use an excellent word which Cicero coined. When he
was successfully opposed by those whom he had thought inferior to
himself, when he found <span class='pagenum'><a name="Page_261" id=
"Page_261">261</a></span>that Cæsar had got the better
of him, and that a stronger body of Romans went with Cæsar
than with him, then proscriptions, murder, confiscations, and the
seizing of dictatorial power presented themselves to his angry
mind, but of permanent despotic power there was, I think, no
thought, nor, as far as I can read the records, had such an idea
been fixed in Cæsar's bosom. To carry on the old trade of
Prætor, Consul, Proconsul, and Imperator, so as to get what he
could of power and wealth and dignity in the scramble, was, I
think, Cæsar's purpose. The rest grew upon him. As
Shakspeare, sitting down to write a play that might serve his
theatre, composed some Lear or Tempest—that has lived and
will live forever, because of the genius which was unknown to
himself—so did Cæsar, by his genius, find his way to a
power which he had not premeditated. A much longer time is
necessary for eradicating an idea from men's minds than a fact from
their practice. This should be proved to us by our own loyalty to
the word "monarch," when nothing can be farther removed from a
monarchy than our own commonwealth. From those first breaches in
republican practice which the historian Florus dates back to the
siege of Numantia,<a name="FNanchor_230_230" id=
"FNanchor_230_230"></a><a href="#Footnote_230_230" class=
"fnanchor">230</a> <span class="smcap">b.c.</span> 133, down far
into the reign of Augustus, it took a century and a quarter to make
the people understand that there was no longer a republican form of
government, and to produce a leader who could himself see that
there was room for a despot.</p>
<p>Pompey had his triumph; but the same aristocratic airs which had
annoyed Cicero had offended others. He was shorn of his honors.
Only two days were allowed for his processions. He was irritated,
jealous, and no doubt desirous of making his power felt; but he
thought of no diadem. Cæsar <span class='pagenum'><a name=
"Page_262" id="Page_262">262</a></span>saw it all; and he
thought of that conspiracy which we have since called the First
Triumvirate.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 62, 61.
ætat45,46.</div>
<p>The two years to which this chapter has been given were
uneventful in Cicero's life, and produced but little of that stock
of literature by which he has been made one of mankind's prime
favorites. Two discourses were written and published, and probably
spoken, which are now lost—that, namely, to the people
against Metellus, in which, no doubt, he put forth all that he had
intended to say when Metellus stopped him from speaking at the
expiration of his Consulship; the second, against Clodius and
Curio, in the Senate, in reference to the discreditable Clodian
affair. The fragments which we have of this contain those
asperities which he retailed afterward in his letter to Atticus,
and are not either instructive or amusing. But we learn from these
fragments that Clodius was already preparing that scheme for
entering the Tribunate by an illegal repudiation of his own family
rank, which he afterward carried out, to the great detriment of
Cicero's happiness. Of the speeches extant on behalf of Archias and
P. Sulla I have spoken already. We know of no others made during
this period. We have one letter besides this to Atticus, addressed
to Antony, his former colleague, which, like many of his letters,
was written solely for the sake of popularity.</p>
<p>During these years he lived no doubt splendidly as one of the
great men of the greatest city in the world. He had his magnificent
new mansion in Rome, and his various villas, which were already
becoming noted for their elegance and charms of upholstery and
scenic beauty. Not only had he climbed to the top of official life
himself, but had succeeded in taking his brother Quintus up with
him. In the second of the two years, <span class=
"smcap">b.c.</span> 61, Quintus had been sent out as Governor or
Proprætor to Asia, having then nothing higher to reach than the
Consulship, which, however, he never attained. This step in the
life of Quintus has become famous by a letter which the <span
class='pagenum'><a name="Page_263" id="Page_263">
263</a></span>elder brother wrote to him in the second year of his
office, to which reference will be made in the next chapter.</p>
<p>So far all things seemed to have gone well with Cicero. He was
high in esteem and authority, powerful, rich, and with many people
popular. But the student of his life now begins to see that
troubles are enveloping him. He had risen too high not to encounter
envy, and had been too loud in his own praise not to make those who
envied him very bitter in their malice.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_264" id="Page_264">
264</a></span></p>
<h3><a name="CHAPTER_XI" id="CHAPTER_XI"></a><span class="smcap">Chapter XI.</span></h3>
<h4><i>THE TRIUMVIRATE.</i></h4>
<div class="sidenote"><span class="smcap">Cb.c.</span> 60, ætat 47.</div>
<p>I know of no great fact in history so impalpable, so shadowy, so
unreal, as the First Triumvirate. Every school-boy, almost every
school-girl, knows that there was a First Triumvirate, and that it
was a political combination made by three great Romans of the day,
Julius Cæsar, Pompey the Great, and Crassus the Rich, for
managing Rome among them. Beyond this they know little, because
there is little to know. That it was a conspiracy against the
ordained government of the day, as much so as that of Catiline, or
Guy Faux, or Napoleon III., they do not know generally, because
Cæsar, who, though the youngest of the three, was the
mainspring of it, rose by means of it to such a galaxy of glory
that all the steps by which he rose to it have been supposed to be
magnificent and heroic. But of the method in which this Triumvirate
was constructed, who has an idea? How was it first suggested,
where, and by whom? What was it that the conspirators combined to
do? There was no purpose of wholesale murder like that of Catiline
for destroying the Senate, and of Guy Faux for blowing up the House
of Lords. There was no plot arranged for silencing a body of
legislators like that of Napoleon. In these scrambles that are
going on every year for place and power, for provinces and plunder,
let us help each other. If we can manage to stick fast by each
other, we can get all the power and nearly all the plunder. That,
said with a wink by one of the Triumvirate—Cæsar, let
us say—and assented to with a nod by Pompey and Crassus, was
sufficient <span class='pagenum'><a name="Page_265" id=
"Page_265">265</a></span>for the construction of such a
conspiracy as that which I presume to have been hatched when the
First Triumvirate was formed.<a name="FNanchor_231_231" id=
"FNanchor_231_231"></a><a href="#Footnote_231_231" class=
"fnanchor">231</a> Mommsen, who never speaks of a Triumvirate
under that name, except in his index,<a name="FNanchor_232_232" id=
"FNanchor_232_232"></a><a href="#Footnote_232_232" class=
"fnanchor">232</a> where he has permitted the word to appear for
the guidance of persons less well instructed than himself, connects
the transaction which we call the First Triumvirate with a former
coalition, which he describes as having been made in (<span class=
"smcap">b.c.</span> 71) the year before the Consulship of Pompey
and Crassus. With that we need not concern ourselves as we are
dealing with the life of Cicero rather than with Roman history,
except to say that Cæsar. who was the motive power of the
second coalition, could have had no personal hand in that of 71.
Though he had spent his early years in "harassing the aristocracy,"
as Dean Merivale tells us, he had not been of sufficient standing
in men's minds to be put on a par with Pompey and Crassus. When
this First Triumvirate was formed, as the modern world generally
calls it, or the second coalition between the democracy and the
great military leaders, as Mommsen with greater, but not with
perfect, accuracy describes it, Cæsar no doubt had at his
fingers' ends the history of past years. "The idea naturally
occurred," says Mommsen, "whether * * * an alliance firmly
based on mutual advantage might not be established between the
democrats, <span class='pagenum'><a name="Page_266" id=
"Page_266">266</a></span>with their ally, Crassus, on the one
side, and Pompeius and the great capitalists on the other. For
Pompeius such a coalition was certainly a political suicide."<a
name="FNanchor_233_233" id="FNanchor_233_233"></a><a href=
"#Footnote_233_233" class="fnanchor">233</a> The democracy here
means Cæsar. Cæsar during his whole life had been
learning that no good could come to any one from an effete Senate,
or from republican forms which had lost all their salt. Democracy
was in vogue with him; not, as I think, from any philanthropic
desire for equality; not from any far-seeing view of fraternal
citizenship under one great paternal lord—the study of
politics had never then reached to that height—but because it
was necessary that some one, or perhaps some two or three, should
prevail in the coming struggle, and because he felt himself to be
more worthy than others. He had no conscience in the matter. Money
was to him nothing. Another man's money was the same as his
own—or better, if he could get hold of it. That doctrine
taught by Cicero that men are "ad justitiam natos" must have been
to him simply absurd. Blood was to him nothing. A friend was better
than a foe, and a live man than a dead. Blood-thirstiness was a
passion unknown to him; but that tenderness which with us creates a
horror of blood was equally unknown. Pleasure was sweet to him; but
he was man enough to feel that a life of pleasure was contemptible.
To pillage a city, to pilfer his all from a rich man, to debauch a
friend's wife, to give over a multitude of women and children to
slaughter, was as easy to him as to forgive an enemy. But nothing
rankled with him, and he could forgive an enemy. Of courage he had
that better sort which can appreciate and calculate danger, and
then act as though there were none. Nothing was wrong to him but
what was injudicious. He could flatter, cajole, lie, deceive, and
rob; nay, would think it folly not to do so <span class=
'pagenum'><a name="Page_267" id="Page_267">267</a></span>if to
do so were expedient.<a name="FNanchor_234_234" id=
"FNanchor_234_234"></a><a href="#Footnote_234_234" class=
"fnanchor">234</a> In this coalition he appears as supporting and
supported by the people. Therefore Mommsen speaks of him as "the
democrat." Crassus is called the ally of the democrats. It will be
enough for us here to know that Crassus had achieved his position
in the Senate by his enormous wealth, and that it was because of
his wealth, which was essential to Cæsar, that he was
admitted into the league. By means of his wealth he had risen to
power and had conquered and killed Spartacus, of the honor and
glory of which Pompey robbed him. Then he had been made Consul.
When Cæsar had gone as Proprætor to Spain, Crassus had found
the money. Now Cæsar had come back, and was hand and glove
with Crassus. When the division of the spoil came, some years
afterward—the spoil won by the Triumvirate—when
Cæsar had half perfected his grand achievements in Gaul, and
Crassus had as yet been only a second time Consul, he got himself
to be sent into Syria, that by conquering the Parthians he might
make himself equal to Cæsar. We know how he and his son
perished there, each of them probably avoiding the last extremity
of misery to a Roman—that of falling into the hands of a
barbarian enemy—by destroying himself. Than the life of
Crassus nothing could be more contemptible; than the death nothing
more pitiable. "For Pompeius," says Mommsen, "such a coalition was
certainly a political suicide." As events turned out it became so,
because <span class='pagenum'><a name="Page_268" id="Page_268">
268</a></span>Cæsar was the stronger man of the two; but it
is intelligible that at that time Pompey should have felt that he
could not lord it over the Senate, as he wished to do, without aid
from the democratic party. He had no well-defined views, but he
wished to be the first man in Rome. He regarded himself as still
greatly superior to Cæsar, who as yet had been no more than
Prætor, and at this time was being balked of his triumph because
he could not at one and the same moment be in the city, as
candidate for the Consulship, and out of the city waiting for his
triumph. Pompey had triumphed three times, had been Consul at an
unnaturally early age with abnormal honors, had been victorious
east and west, and was called "Magnus." He did not as yet fear to
be overshadowed by Cæsar.<a name="FNanchor_235_235" id=
"FNanchor_235_235"></a><a href="#Footnote_235_235" class=
"fnanchor">235</a> Cicero was his bugbear.</p>
<p>Mommsen I believe to be right in eschewing the word
"Triumvirate." I know no mention of it by any Roman writer as
applied to this conspiracy, though Tacitus, Suetonius, and Florus
call by that name the later coalition of Octavius, Antony, and
Lepidus. The Langhornes, in translating Plutarch's life of Crassus,
speak of the Triumvirate; but Plutarch himself says that
Cæsar combined "an impregnable stronghold" by joining the
three men.<a name="FNanchor_236_236" id="FNanchor_236_236"></a><a
href="#Footnote_236_236" class="fnanchor">236</a> Paterculus and
Suetonius<a name="FNanchor_237_237" id="FNanchor_237_237"></a><a
href="#Footnote_237_237" class="fnanchor">237</a> explain very
clearly the nature of the compact, but do <span class='pagenum'><a
name="Page_269" id="Page_269">269</a></span>not use the term.
There was nothing in the conspiracy entitling it to any official
appellation, though, as there were three leading conspirators, that
which has been used has been so far appropriate.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 60,
ætat 47.</div>
<p>Cicero was the bugbear to them all. That he might have been one
of them, if ready to share the plunder and the power, no reader of
the history of the time can doubt. Had he so chosen he might again
have been a "real power in the State;" but to become so in the way
proposed to him it was necessary that he should join others in a
conspiracy against the Republic.</p>
<p>I do not wish it to be supposed that Cicero received the
overtures made to him with horror. Conspiracies were too common for
horror; and these conspirators were all our Cicero's friends in one
sense, though in another they might be his opponents. We may
imagine that at first Crassus had nothing to do with the matter,
and that Pompey would fain have stood aloof in his jealousy. But
Cæsar knew that it was well to have Cicero, if Cicero was to
be had. It was not only his eloquence which was marvellously
powerful, or his energy which had been shown to be indomitable:
there was his character, surpassed by that of no Roman living; if
only, in giving them the use of his character, he could be got to
disregard the honor and the justice and the patriotism on which his
character had been founded. How valuable may character be made, if
it can be employed under such conditions! To be believed because of
your truth, and yet to lie; to be trusted for your honesty, and yet
to cheat; to have credit for patriotism, and yet to sell your
country! The temptations to do this are rarely put before a man
plainly, in all their naked ugliness. They certainly <span class=
'pagenum'><a name="Page_270" id="Page_270">270</a></span>were
not so presented to Cicero by Cæsar and his associates. The
bait was held out to him, as it is daily to others, in a form not
repellent, with words fitted to deceive and powerful almost to
persuade. Give us the advantage of your character, and then by your
means we shall be able to save our country. Though our line of
action may not be strictly constitutional, if you will look into it
you will see that it is expedient. What other course is there? How
else shall any wreck of the Republic be preserved? Would you be
another Cato, useless and impractical? Join us, and save Rome to
some purpose. We can understand that in such way was the lure held
out to Cicero, as it has been to many a politician since. But when
the politician takes the office offered to him—and the pay,
though it be but that of a Lord of the Treasury—he must vote
with his party.</p>
<p>That Cicero doubted much whether he would or would not at this
time throw in his lot with Cæsar and Pompey is certain. To be
of real use—not to be impractical, as was Cato—to save
his country and rise honestly in power and glory—not to be
too straitlaced, not over-scrupulous—giving and taking a
little, so that he might work to good purpose with others in
harness—that was his idea of duty as a Roman. To serve in
accord with Pompey was the first dream of his political life, and
now Pompey was in accord with Cæsar. It was natural that he
should doubt—natural that he should express his doubts. Who
should receive them but Atticus, that "alter ego?" Cicero doubted
whether he should cling to Pompey—as he did in every phase of
his political life, till Pompey had perished at the mouth of the
Nile. But at last he saw his way clear to honesty, as I think he
always did. He tells his friend that Cæsar had sent his
confidential messenger, Balbus, to sound him. The present question
is whether he shall resist a certain agrarian law of which he does
not approve, but which is supported by both Pompey and Cæsar,
or retire from the contest and enjoy himself at his country villas,
or boldly stay <span class='pagenum'><a name="Page_271" id=
"Page_271">271</a></span>at Rome and oppose the law.
Cæsar assures him that if he will come over to them,
Cæsar will be always true to him and Pompey, and will do his
best to bring Crassus into the same frame of mind. Then he reckons
up all the good things which would accrue to him: "Closest
friendship with Pompey—with Cæsar also, should he wish
it; the making up of all quarrels with his enemies; popularity with
the people; ease for his old age, which was coming on him. But that
conclusion moves me to which I came in my third book."<a name=
"FNanchor_238_238" id="FNanchor_238_238"></a><a href=
"#Footnote_238_238" class="fnanchor">238</a> Then he repeats the
lines given in the note below, which he had written, probably this
very year, in a poem composed in honor of his own Consulship. The
lines are not in themselves grand, but the spirit of them is
magnificent: "Stick to the good cause which in your early youth you
chose for yourself, and be true to the party you have made your
own." "Should I doubt when the muse herself has so written," he
says, alluding to the name of Calliope, given to this third book of
his. Then he adds a line of Homer, very excellent for the
occasion:<a name="FNanchor_239_239" id="FNanchor_239_239"></a><a
href="#Footnote_239_239" class="fnanchor">239</a> "No augury for
the future can be better for you than that which bids you serve
your country." "But," he says, "we will talk of all that when you
come to me for the holidays. Your bath shall be ready for you: your
sister and mother shall be of the party." And so the doubts are
settled.</p>
<p>Now came on the question of the Tribuneship of Clodius, in
reference to which I will quote a passage out of Middleton, <span
class='pagenum'><a name="Page_272" id="Page_272">
272</a></span>because the phrase which he uses exactly explains
the purposes of Cæsar and Pompey.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 60,
ætat 47.</div>
<p>"Clodius, who had been contriving all this while how to revenge
himself on Cicero, began now to give an opening to the scheme which
he had formed for that purpose. His project was to get himself
chosen Tribune, and in that office to drive him out of the city, by
the publication of a law which, by some stratagem or other, he
hoped to obtrude on the people. But as all Patricians were
incapable of the Tribunate, by its original institution so his
first step was to make himself a Plebeian by the pretence of an
adoption into a Plebeian house, which could not yet be done without
the suffrage of the people. This case was wholly new, and contrary
to all the forms—wanting every condition, and serving none of
the ends which were required in regular adoptions—so that, on
the first proposal, it seemed too extravagant to be treated
seriously, and would soon have been hissed off with scorn, had it
not been concerted and privately supported by persons of much more
weight than Clodius. Cæsar was at the bottom of it, and
Pompey secretly favored it—not that they intended to ruin
Cicero, but to keep him only under the lash—and if they could
not draw him into their measures, to make him at least sit quiet,
and let Clodius loose upon him."<a name="FNanchor_240_240" id=
"FNanchor_240_240"></a><a href="#Footnote_240_240" class=
"fnanchor">240</a></p>
<p>This, no doubt, was the intention of the political leaders in
Rome at this conjunction of affairs. It had been found impossible
to draw Cicero gently into the net, so that he should become one of
them. If he would live quietly at his Antian or Tusculan villa,
amid his books and writings, he should be treated with all respect;
he should be borne with, even though he talked so much of his own
Consulate. But if he would interfere with the politics of the day,
and would not come into the net, then he must be dealt with.
Cæsar seems to have respected Cicero always, and even to have
liked him; but he <span class='pagenum'><a name="Page_273" id=
"Page_273">273</a></span>was not minded to put up with a
"friend" in Rome who from day to day abused all his projects. In
defending Antony, the Macedonian Proconsul who was condemned,
Cicero made some unpleasant remarks on the then condition of
things. Cæsar, we are told, when he heard of this, on the
very spur of the moment, caused Clodius to be accepted as a
Plebeian.</p>
<p>In all this we are reminded of the absolute truth of Mommsen's
verdict on Rome, which I have already quoted more than once: "On
the Roman oligarchy of this period no judgment can be passed, save
one of inexorable and remorseless condemnation." How had it come to
pass that Cæsar had the power of suddenly causing an edict to
become law, whether for good or for evil? Cicero's description of
what took place is as follows:<a name="FNanchor_241_241" id=
"FNanchor_241_241"></a><a href="#Footnote_241_241" class=
"fnanchor">241</a> "About the sixth hour of the day, when I was
defending my colleague Antony in court, I took occasion to complain
of certain things which were being done in the Republic, and which
I thought to be injurious to my poor client. Some dishonest persons
carried my words to men in power"—meaning Cæsar and
Pompey—"not, indeed, my own words, but words very different
from mine. At the ninth hour on that very same day, you, Clodius,
were accepted as a Plebeian." Cæsar, having been given to
understand that Cicero had been making himself disagreeable, was
determined not to put up with it. Suetonius tells the same story
with admirable simplicity. Of Suetonius it must be said that, if he
had no sympathy for a patriot such as Cicero, neither had he any
desire to represent in rosy colors the despotism of a Cæsar.
He tells his stories simply as he has heard them. "Cicero," says
Suetonius,<a name="FNanchor_242_242" id="FNanchor_242_242"></a><a
href="#Footnote_242_242" class="fnanchor">242</a> "having at some
trial complained of the state of the times, Cæsar, on the
very same day, at the ninth hour, passed <span class='pagenum'><a
name="Page_274" id="Page_274">274</a></span>Clodius over from
the Patrician to the Plebeian rank, in accordance with his own
desire." How did it come to pass that Cæsar, who, though
Consul at the time, had no recognized power of that nature, was
efficacious for any such work as this? Because the Republic had
come to the condition which the German historian has described. The
conspiracy between Cæsar and his subordinates had not been
made for nothing. The reader will require to know why Clodius
should have desired degradation, and how it came to pass that this
degradation should have been fatal to Cicero. The story has been
partly told in the passage from Middleton. A Patrician, in
accordance with the constitution, could not be a Tribune of the
people. From the commencement of the Tribunate, that office had
been reserved for the Plebeians. But a Tribune had a power of
introducing laws which exceeded that of any Senator or any other
official. "They had acquired the right," we are told in Smith's
Dictionary of Greek and Roman Antiquities, "of proposing to the
comitia tributa, or to the Senate, measures on nearly all the
important affairs of the State;" and as matters stood at this time,
no one Tribune could "veto" or put an arbitrary stop to a
proposition from another. When such proposition was made, it was
simply for the people to decide by their votes whether it should or
should not be law. The present object was to have a proposition
made and carried suddenly, in reference to Cicero, which should
have, at any rate, the effect of stopping his mouth. This could be
best done by a Tribune of the people. No other adequate Tribune
could be found—no Plebeian so incensed against Cicero as to
be willing to do this, possessing at the same time power enough to
be elected. Therefore it was that Clodius was so anxious to be
degraded.</p>
<p>No Patrician could become a Tribune of the people; but a
Patrician might be adopted by a Plebeian, and the adopted child
would take the rank of his father—would, in fact, for all
legal purposes, be the same as a son. For doing this in any <span
class='pagenum'><a name="Page_275" id="Page_275">
275</a></span>case a law had to be passed—or, in other
words, the assent of the people must be obtained and registered.
But many conditions were necessary. The father intending to adopt
must have no living son of his own, and must be past the time of
life at which he might naturally hope to have one; and the adopted
son must be of a fitting age to personate a son—at any rate,
must be younger than the father; nothing must be done injurious to
either family; there must be no trick in it, no looking after other
result than that plainly intended. All these conditions were
broken. The pretended father, Fonteius, had a family of his own,
and was younger than Clodius. The great Claudian family was
desecrated, and there was no one so ignorant as not to know that
the purpose intended was that of entering the Tribunate by a fraud.
It was required by the general law that the Sacred College should
report as to the proper observances of the prescribed regulations,
but no priest was ever consulted. Yet Clodius was adopted, made a
Plebeian, and in the course of the year elected as Tribune.</p>
<p>In reading all this, the reader is mainly struck by the
wonderful admixture of lawlessness and law-abiding steadfastness.
If Cæsar, who was already becoming a tyrant in his
Consulship, chose to make use of this means of silencing Cicero,
why not force Clodius into the Tribunate without so false and
degrading a ceremony? But if, as was no doubt the case, he was not
yet strong enough to ignore the old popular feelings on the
subject, how was it that he was able to laugh in his sleeve at the
laws, and to come forth at a moment's notice and cause the people
to vote, legally or illegally, just as he pleased? It requires no
conjurer to tell us the reason. The outside hulls and husks remain
when the rich fruit has gone. It was in seeing this, and yet not
quite believing that it must be so, that the agony of Cicero's life
consisted. There could have been no hope for freedom, no hope for
the Republic, when Rome had been governed as it was during the
Consulship of Cæsar; but Cicero could still hope, though
faintly, and <span class='pagenum'><a name="Page_276" id=
"Page_276">276</a></span>still buoy himself up with
remembrances of his own year of office.</p>
<p>In carrying on the story of the newly-adopted child to his
election as Tribune, I have gone beyond the time of my narration,
so that the reader may understand the cause and nature and effect
of the anger which Clodius entertained for Cicero. This originated
in the bitter words spoken as to the profanation of the Bona Dea,
and led to the means for achieving Cicero's exile and other
untoward passages of his life. In the year 60 <span class=
"smcap">b.c.</span>, when Metellus Celer and Afranius were Consuls,
Clodius was tried for insulting the Bona Dea, and the since
so-called Triumvirate was instituted. It has already been shown
that Cicero, not without many doubts, rejected the first offers
which were made to him to join the forces that were so united. He
seems to have passed the greater portion of this year in Rome. One
letter only was written from the country, to Atticus, from his
Tusculan villa, and that is of no special moment. He spent his time
in the city, still engaged in the politics of the day; as to which,
though he dreaded the coming together of Cæsar and Pompey and
Crassus—those "graves principum amicitias" which were to
become so detrimental to all who were concerned in them—he
foresaw as yet but little of the evil which was to fall upon his
own head. He was by no means idle as to literature, though we have
but little of what he wrote, and do not regret what we have lost.
He composed a memoir of his Consulate in Greek, which he sent to
Atticus with an allusion to his own use of the foreign language
intended to show that he is quite at ease in that matter. Atticus
had sent him a memoir, also written in Greek, on the same subject,
and the two packets had crossed each other on the road. He candidly
tells Atticus that his attempt seems to be "horridula atque
incompta," rough and unpolished; whereas Posidonius, the great
Greek critic of Rhodes who had been invited by him, Cicero, to read
the memoir, and then himself to treat the same subject, had replied
that he was altogether debarred <span class='pagenum'><a name=
"Page_277" id="Page_277">277</a></span>from such an attempt by
the excellence of his correspondent's performance.<a name=
"FNanchor_243_243" id="FNanchor_243_243"></a><a href=
"#Footnote_243_243" class="fnanchor">243</a> He also wrote three
books of a poem on his Consulate, and sent them to Atticus; of
which we have a fragment of seventy-five lines quoted by himself,<a
name="FNanchor_244_244" id="FNanchor_244_244"></a><a href=
"#Footnote_244_244" class="fnanchor">244</a> and four or five
other lines including that unfortunate verse handed down by
Quintilian, "O fortunatum natam me consule Romam"—unless,
indeed, it be spurious, as is suggested by that excellent critic
and whole-hearted friend of the orator's, M. Gueroult. Previous to
these he had produced in hexameters, also, a translation of the
Prognostics of Aratus. This is the second part of a poem on the
heavenly bodies, the first part, the Phænomena, having been turned
into Latin verse by him when he was eighteen. Of the Prognostics we
have only a few lines preserved by Priscian, and a passage repeated
by the author, also in his De Divinatione. I think that Cicero was
capable of producing a poem quite worthy of preservation; but in
the work of this year the subjects chosen were not alluring.</p>
<div class="sidenote"><span class="smcap">b.c.</span> 60,
ætat 47.</div>
<p>Among his epistles of the year there is one which might of
itself have sufficed to bring down his name to posterity. This is a
long letter, full of advice, to his brother Quintus, who had gone
out in the previous year to govern the province of Asia as
Proprætor. We may say that good advice could never have been more
wanted, and that better advice could not have been given. It has
been suggested that it was written as a companion to that treatise
on the duties of a candidate which Quintus composed for his
brother's service when standing for his Consulship. But I cannot
admit the analogy. The composition attributed to Quintus contained
lessons of advice equally suitable to any candidate, sprung from
the people, striving to rise to high honors in the State. <span
class='pagenum'><a name="Page_278" id="Page_278">
278</a></span>This letter is adapted not only to the special
position of Quintus, but to the peculiarities of his character, and
its strength lies in this: that while the one brother praises the
other, justly praises him, as I believe, for many virtues, so as to
make the receipt of it acceptable, it points out
faults—faults which will become fatal, if not
amended—in language which is not only strong but
unanswerable.</p>
<p>The style of this letter is undoubtedly very different from that
of Cicero's letters generally—so as to suggest to the reader
that it must have been composed expressly for publication whereas
the daily correspondence is written "currente calamo," with no
other than the immediate idea of amusing, instructing, or perhaps
comforting the correspondent. Hence has come the comparison between
this and the treatise De Petitione Consulatus. I think that the
gravity of the occasion, rather than any regard for posterity,
produced the change of style. Cicero found it to be essential to
induce his brother to remain at his post, not to throw up his
government in disgust, and so to bear himself that he should not
make himself absolutely odious to his own staff and to other Romans
around him; for Quintus Cicero, though he had been proud and
arrogant and ill tempered, had not made himself notorious by the
ordinary Roman propensity to plunder his province "What is it that
is required of you as a governor?"<a name="FNanchor_245_245" id=
"FNanchor_245_245"></a><a href="#Footnote_245_245" class=
"fnanchor">245</a> asks Cicero. "That men should not be
frightened by your journeys hither and thither—that they
should not be eaten up by your extravagance—that they should
not be disturbed by your coming among them—<span class=
'pagenum'><a name="Page_279" id="Page_279">279</a></span>that
there should be joy at your approach; when each city should think
that its guardian angel, not a cruel master, had come upon
it—when each house should feel that it entertained not a
robber but a friend. Practice has made you perfect in this. But it
is not enough that you should exercise those good offices yourself,
but that you should take care that every one of those who come with
you should seem to do his best for the inhabitants of the province,
for the citizen of Rome, and for the Republic." I wish that I could
give the letter entire—both in English, that all readers
might know how grand are the precepts taught, and in Latin, that
they who understand the language might appreciate the beauty of the
words—but I do not dare to fill my pages at such length. A
little farther on he gives his idea of the duty of all those who
have power over others—even over the dumb animals.<a name=
"FNanchor_246_246" id="FNanchor_246_246"></a><a href=
"#Footnote_246_246" class="fnanchor">246</a> "To me it seems that
the duty of those in authority over others consists in making those
who are under them as happy as the nature of things will allow.
Every one knows that you have acted on this principle since you
first went to Asia." This, I fear, must be taken as flattery,
intended to gild the pill which comes afterward "This is not only
his duty who has under him allies and citizens, but is also that of
the man who has slaves under his control, and even dumb cattle,
that he should study the welfare of all over whom he stands in the
position of master!" Let the reader look into this, and ask himself
what precepts of Christianity have ever surpassed it.</p>
<p>Then he points out that which he describes as the one great
difficulty in the career of a Roman Provincial Governor.<a name=
"FNanchor_247_247" id="FNanchor_247_247"></a><a href=
"#Footnote_247_247" class="fnanchor">247</a> The <span class=
'pagenum'><a name="Page_280" id="Page_280">
280</a></span>collectors of taxes, or "publicani," were of the
equestrian order. This business of farming the taxes had been their
rich privilege for at any rate more than a century, and as Cicero
says, farther on in his letter, it was impossible not to know with
what hardship the Greek allies would be treated by them when so
many stories were current of their cruelty even in Italy. Were
Quintus to take a part against these tax-gatherers, he would make
them hostile not only to the Republic but to himself also, and also
to his brother Marcus; for they were of the equestrian order, and
specially connected with these "publicani" by family ties. He
implies, as he goes on, that it will be easier to teach the Greeks
to be submissive than the tax-gatherers to be moderate. After all,
where would the Greeks of Asia be if they had no Roman master to
afford them protection? He leaves the matter in the hands of his
brother, with advice that he should do the best he can on one side
and on the other. If possible, let the greed of the "publicani" be
restrained; but let the ally be taught to understand that there may
be usage in the world worse even than Roman taxation. It would be
hardly worth our while to allude to this part of Cicero's advice,
did it not give an insight into the mode in which Rome taxed her
subject people.</p>
<p>After this he commences that portion of the letter for the sake
of which we cannot but believe that the whole was written. "There
is one thing," he says, "which I will never cease to din into your
ears, because I could not endure to think that, amid the praises
which are lavished on you, there should be any matter in which you
should be found wanting. All who come to us here"—all who
come to Rome from Asia, that is—"when they tell us of your
honesty and goodness of heart, tell us also that you fail in
temper. It is a vice which, in the daily affairs of private life,
betokens a weak and unmanly spirit; but there can be nothing so
poor as the exhibition of the littleness of nature in those who
have risen to the dignity of command." He will not, he goes on to
say, trouble <span class='pagenum'><a name="Page_281" id=
"Page_281">281</a></span>his brother with repeating all that
the wise men have said on the subject of anger; he is sure that
Quintus is well acquainted with all that. But is it not a pity,
when all men say that nothing could be pleasanter than Quintus
Cicero when in a good-humor, the same Quintus should allow himself
to be so provoked that his want of kindly manners should be
regretted by all around him? "I cannot assert," he goes on to say,
"that when nature has produced a certain condition of mind, and
that years as they run on have strengthened it, a man can change
all that and pluck out from his very self the habits that have
grown within him; yet I must tell you that if you cannot eschew
this evil altogether—if you cannot protect yourself against
the feeling of anger, yet you should prepare yourself to be ready
for it when it comes, so that, when your very soul within you is
hot with it, your tongue, at any rate, may be restrained." Then
toward the end of the letter there is a fraternal exhortation which
is surely very fine: "Since chance has thrown into my way the
duties of official life in Rome, and into yours that of
administrating provincial government, if I, in the performance of
my work, have been second to none, do you see that you in yours may
be equally efficient." How grand, from an elder brother to a
younger! "And remember this, that you and I have not to strive
after some excellence still unattained, but have to be on our watch
to guard that which has been already won. If I should find myself
in anything divided from you, I should desire no further advance in
life. Unless your deeds and your words go on all-fours with mine, I
should feel that I had achieved nothing by all the work and all the
dangers which you and I have encountered together." The brother at
last was found to be a poor, envious, ill-conditioned
creature—intellectually gifted, and capable of borrowing
something from his brother's nobler nature; but when struggles
came, and political feuds, and the need of looking about to see on
which side safety lay, ready to sacrifice his brother for the sake
of safety. But up to this time <span class='pagenum'><a name=
"Page_282" id="Page_282">282</a></span>Marcus was prepared to
believe all good of Quintus; and having made for himself and for
the family a great name, was desirous of sharing it with his
brother, and, as we shall afterward see, with his brother's son,
and with his own. In this he failed. He lived to know that he had
failed as regarded his brother and his nephew. It was not, however,
added to his misery to live to learn how little his son was to do
to maintain the honor of his family.</p>
<p>I find a note scribbled by myself some years ago in a volume in
which I had read this epistle, "Probably the most beautiful letter
ever written." Reading it again subsequently, I added another note,
"The language altogether different from that of his ordinary
letters." I do not dissent now either from the enthusiastic praise
or the more careful criticism. The letter was from the man's
heart—true, affectionate, and full of anxious, brotherly
duty—but written in studied language, befitting, as Cicero
thought, the need and the dignity of the occasion.</p>
<div class="sidenote">B C 59, ætat 48.</div>
<p>The year following was that of Cæsar's first Consulship,
which he held in conjunction with Bibulus, a man who was altogether
opposed to him in thought, in character, and in action. So hostile
were these two great officers to each other that the one attempted
to undo whatever the other did. Bibulus was elected by bribery, on
behalf of the Senate, in order that he might be a counterpoise to
Cæsar. But Cæsar now was not only Cæsar: he was
Cæsar, Pompey, and Crassus united, with all their dependents,
all their clients, all their greedy hangers-on. To give this
compact something of the strength of family union, Pompey, who was
now nearly fifty years of age, took in marriage Cæsar's
daughter Julia, who was a quarter of a century his junior. But
Pompey was a man who could endear himself to women, and the opinion
seems to be general that had not Julia died in childbirth the
friendship between the men would have been more lasting. But for
Cæsar's purposes the duration of this year and the next was
enough. Bibulus was a laughing-stock, the mere shadow <span class=
'pagenum'><a name="Page_283" id="Page_283">283</a></span>of a
Consul, when opposed to such an enemy. He tried to use all the old
forms of the Republic with the object of stopping Cæsar in
his career; but Cæsar only ridiculed him; and Pompey, though
we can imagine that he did not laugh much, did as Cæsar would
have him. Bibulus was an augur, and observed the heavens when
political manœuvres were going on which he wished to stop. This
was the old Roman system for using religion as a drag upon
progressive movements. No work of state could be carried on if the
heavens were declared to be unpropitious; and an augur could always
say that the heavens were unpropitious if he pleased. This was the
recognized constitutional mode of obstruction, and was quite in
accord with the feelings of the people. Pompey alone, or Crassus
with him, would certainly have submitted to an augur; but
Cæsar was above augurs. Whatever he chose to have carried he
carried, with what approach he could to constitutional usage, but
with whatever departure from constitutional usage he found to be
necessary.</p>
<p>What was the condition of the people of Rome at the time it is
difficult to learn from the conflicting statements of historians.
That Cicero had till lately been popular we know. We are told that
Bibulus was popular when he opposed Cæsar. Of personal
popularity up to this time I doubt whether Cæsar had achieved
much. Yet we learn that, when Bibulus with Cato and Lucullus
endeavored to carry out their constitutional threats, they were
dragged and knocked about, and one of them nearly killed. Of the
illegality of Cæsar's proceedings there can be no doubt. "The
tribunitian veto was interposed; Cæsar contented himself with
disregarding it."<a name="FNanchor_248_248" id=
"FNanchor_248_248"></a><a href="#Footnote_248_248" class=
"fnanchor">248</a> This is quoted from the German historian, who
intends to leave an impression that Cæsar was great and wise
in all that he did; and who tells us also of the "obstinate, weak
creature Bibulus," and of "the dogmatical fool Cato." I doubt
whether there was anything <span class='pagenum'><a name="Page_284"
id="Page_284">284</a></span>of true popular ferment, or that
there was any commotion except that which was made by the "roughs"
who had attached themselves for pay to Cæsar or to Pompey, or
to Crassus, or, as it might be, to Bibulus and the other leaders.
The violence did not amount to more than "nearly" killing this man
or the other. Some Roman street fights were no doubt more
bloody—as for instance that in which, seven years afterward,
Clodius was slaughtered by Milo—but the blood was made to
flow, not by the people, but by hired bravoes. The Roman citizens
of the day were, I think, very quiescent. Neither pride nor misery
stirred them much. Cæsar, perceiving this, was aware that he
might disregard Bibulus and his auguries so long as he had a band
of ruffians around him sufficient for the purposes of the hour. It
was in order that he might thus prevail that the coalition had been
made with Pompey and Crassus. His colleague Bibulus, seeing how
matters were going, retired to his own house, and there went
through a farce of consular enactments. Cæsar carried all his
purposes, and the people were content to laugh, dividing him into
two personages, and talking of Julius and Cæsar as the two
Consuls of the year. It was in this way that he procured to be
allotted to him by the people his irregular command in Gaul. He was
to be Proconsul, not for one year, with perhaps a prolongation for
two or three, but for an established period of five. He was to have
the great province of Cisalpine Gaul—that is to say, the
whole of what we now call Italy, from the foot of the Alps down to
a line running from sea to sea just north of Florence. To this
Transalpine Gaul was afterward added. The province so named,
possessed at the time by the Romans, was called "Narbonensis," a
country comparatively insignificant, running from the Alps to the
Pyrenees along the Mediterranean. The Gaul or Gallia of which
Cæsar speaks when, in the opening words of his Commentary, he
tells us that it was divided into three parts, was altogether
beyond the Roman province which was assigned to him. Cæsar,
when he undertook his government, can hardly <span class=
'pagenum'><a name="Page_285" id="Page_285">285</a></span>have
dreamed of subjecting to Roman rule the vast territories which were
then known as Gallia, beyond the frontiers of the Empire, and which
we now call France.</p>
<p>But he caused himself to be supported by an enormous army. There
were stationed three legions on the Italian side of the Alps, and
one on the other. These were all to be under his command for five
years certain, and amounted to a force of not less than thirty
thousand men. "As no troops could constitutionally be stationed in
Italy proper, the commander of the legions of Northern Italy and
Gaul," says Mommsen, "dominated at the same time Italy and Rome for
the next five years; and he who was master for five years was
master for life."<a name="FNanchor_249_249" id=
"FNanchor_249_249"></a><a href="#Footnote_249_249" class=
"fnanchor">249</a></p>
<div class="sidenote"><span class="smcap">b.c.</span> 59,
ætat 48.</div>
<p>Such was the condition of Rome during the second year of the
Triumvirate, in which Cæsar was Consul and prepared the way
for the powers which he afterward exercised. Cicero would not come
to his call; and therefore, as we are told, Clodius was let loose
upon him. As he would not come to Cæsar's call, it was
necessary that he should be suppressed, and Clodius,
notwithstanding all constitutional difficulties—nay,
impossibilities—was made Tribune of the people. Things had
now so far advanced with a Cæsar that a Cicero who would not
come to his call must be disposed of after some fashion.</p>
<p>Till we have thought much of it, often of it, till we have
looked thoroughly into it, we find ourselves tempted to marvel at
Cicero's blindness. Surely a man so gifted must have known enough
of the state of Rome to have been aware that there was no room left
for one honest, patriotic, constitutional politician. Was it not
plain to him that if, "natus ad justitiam," he could not bring
himself to serve with those who were intent on discarding the
Republic, he had better retire among his books, his busts, and his
literary luxuries, and leave the government <span class=
'pagenum'><a name="Page_286" id="Page_286">286</a></span>of
the country to those who understood its people? And we are the more
prone to say and to think all this because the man himself
continually said it, and continually thought it. In one of the
letters written early in the year<a name="FNanchor_250_250" id=
"FNanchor_250_250"></a><a href="#Footnote_250_250" class=
"fnanchor">250</a> to Atticus from his villa at Antium he
declares very plainly how it is with him; and this, too, in a
letter written in good-humor, not in a despondent frame of mind, in
which he is able pleasantly to ridicule his enemy Clodius, who it
seems had expressed a wish to go on an embassy to Tigranes, King of
Armenia. "Do not think," he says, "that I am complaining of all
this because I myself am desirous of being engaged in public
affairs. Even while it was mine to sit at the helm I was tired of
the work; but now, when I am in truth driven out of the ship, when
the rudder has not been thrown down but seized out of my hands, how
should I take a pleasure in looking from the shore at the wrecks
which these other pilots have made?" But the study of human nature
tells us, and all experience, that men are unable to fathom their
own desires, and fail to govern themselves by the wisdom which is
at their fingers' ends. The retiring Prime-minister cannot but
hanker after the seals and the ribbons and the titles of office,
even though his soul be able to rise above considerations of
emolument, and there will creep into a man's mind an idea that,
though reform of abuses from other sources may be impossible, if he
were there once more the evil could at least be mitigated, might
possibly be cured. So it was during this period of his life with
Cicero. He did believe that political justice exercised by himself,
with such assistance as his eloquence would obtain for it, might be
efficacious for preserving the Republic, in spite of Cæsar,
and of Pompey, and of Crassus. He did not yet believe that these
men would consent to such an outrage as his banishment. It <span
class='pagenum'><a name="Page_287" id="Page_287">
287</a></span>must have been incredible to him that Pompey should
assent to it. When the blow came, it crushed him for the time. But
he retricked his beams and struggled on to the end, as we shall see
if we follow his life to the close.</p>
<p>Such was the intended purpose of the degradation of Clodius.
This, however, was not at once declared. It was said that Clodius
as Tribune intended rather to oppose Cæsar than to assist
him. He at any rate chose that Cicero should so believe and sent
Curio, a young man to whom Cicero was attached, to visit the orator
at his villa at Antium and to declare these friendly purposes.
According to the story told by Cicero,<a name="FNanchor_251_251"
id="FNanchor_251_251"></a><a href="#Footnote_251_251" class=
"fnanchor">251</a> Clodius was prepared to oppose the
Triumvirate; and the other young men of Rome, the <i>jeunesse
dorée</i>, of which both Curio and Clodius were members,
were said to be equally hostile to Cæsar, Pompey, and
Crassus, whose doings in opposition to the constitution were
already evident enough; so that it suited Cicero to believe that
the rising aristocracy of Rome would oppose them. But the
aristocracy of Rome, whether old or young, cared for nothing but
its fish-ponds and its amusements.</p>
<p>Cicero spent the earlier part of the year out of Rome, among his
various villas—at Tusculanum, at Antium, and at Formiæ. The
purport of all his letters at this period is the same—to
complain of the condition of the Republic, and especially of the
treachery of his friend Pompey. Though there be much of despondency
in his tone, there is enough also of high spirit to make us feel
that his literary aspirations are not out of place, though mingled
with his political wailing. The time will soon come when his trust
even in literature will fail him for a while.</p>
<p>Early in the year he declares that he would like to accept a
<span class='pagenum'><a name="Page_288" id="Page_288">
288</a></span>mission to Egypt, offered to him by Cæsar and
Pompey, partly in order that he might for a while be quit of Rome,
and partly that Romans might feel how ill they could do without
him. He then uses for the first time, as far as I am aware, a line
from the Iliad,<a name="FNanchor_252_252" id=
"FNanchor_252_252"></a><a href="#Footnote_252_252" class=
"fnanchor">252</a> which is repeated by him again and again, in
part or in whole, to signify the restraint which is placed on him
by his own high character among his fellow-citizens. "I would go to
Egypt on this pleasant excursion, but that I fear what the men of
Troy, and the Trojan women, with their wide-sweeping robes, would
say of me." And what, he asks, would the men of our party, "the
optimates," say? and what would Cato say, whose opinion is more to
me than that of them all? And how would history tell the story in
future ages? But he would like to go to Egypt, and he will wait and
see. Then, after various questions to Atticus, comes that great one
as to the augurship, of which so much has been made by Cicero's
enemies, "quo quidem uno ego ab istis capi possim." A few lines
above he had been speaking of another lure, that of the mission to
Egypt. He discusses that with his friend, and then goes on in his
half-joking phrase, "but this would have been the real thing to
catch me." Nothing caught him. He was steadfast all through,
accepting no offer of place from the conspirators by which his
integrity or his honor could be soiled. That it was so was well
known to history in the time of Quintilian, whose testimony as to
the "repudiatus vigintiviratus"—his refusal of a place among
the twenty commissioners—has been already quoted.<a name=
"FNanchor_253_253" id="FNanchor_253_253"></a><a href=
"#Footnote_253_253" class="fnanchor">253</a> And yet biographers
have written of him as of one willing to sell his honor, his
opinions, and the commonwealth, for a "pitiful bribe;" not that he
did do so, not that he attempted to do it, <span class='pagenum'><a
name="Page_289" id="Page_289">289</a></span>but because in a
half-joking letter to the friend of his bosom he tells his friend
which way his tastes lay!<a name="FNanchor_254_254" id=
"FNanchor_254_254"></a><a href="#Footnote_254_254" class=
"fnanchor">254</a></p>
<p>He had been thinking of writing a book on geography, and
consulted Atticus on the subject; but in one of his letters he
tells his friend that he had abandoned the idea. The subject was
too dull; and if he took one side in a dispute that was existing,
he would be sure to fall under the lash of the critics on the
other. He is enjoying his leisure at Antium, and thinks it a much
better place than Rome. If the weather will not let him catch fish,
at any rate he can count the waves. In all these letters Cicero
asks questions about his money and his private affairs; about the
mending of a wall, perhaps, and adds something about his wife or
daughter or son. He is going from Antium to Formiæ, but must
return to Antium by a certain date because Tullia wants to see the
games.</p>
<p>Then again he alludes to Clodius. Pompey had made a compact with
Clodius—so at least Cicero had heard—that he, Clodius,
if elected for the Tribunate, would do nothing to injure Cicero.
The assurance of such a compact had no doubt been spread about for
the quieting of Cicero; but no such compact had been intended to be
kept, unless Cicero would be amenable, would take some of the good
things offered to him, or at any rate hold his peace. But Cicero
affects to hope that no such agreement may be kept. He is always
nicknaming Pompey, who during his Eastern campaign had taken
Jerusalem, and who now parodies the Africanus, the Asiaticus, and
the Macedonicus of the Scipios and Metelluses. "If that
Hierosolymarian candidate for popularity does not keep his word
with me, I shall be delighted. If that be his return for my
speeches on his behalf"—the Anteponatur omnibus Pompeius, for
instance—"I will play him such a turn of another kind that he
shall remember it."<a name="FNanchor_255_255" id=
"FNanchor_255_255"></a><a href="#Footnote_255_255" class=
"fnanchor">255</a></p>
<p>He begins to know what the "Triumvirate" is doing with <span
class='pagenum'><a name="Page_290" id="Page_290">
290</a></span>the Republic, but has not yet brought himself to
suspect the blow that is to fall on himself. "They are going along
very gayly," he says, "and do not make as much noise as one would
have expected."<a name="FNanchor_256_256" id=
"FNanchor_256_256"></a><a href="#Footnote_256_256" class=
"fnanchor">256</a> If Cato had been more on the alert, things
would not have gone so quickly; but the dishonesty of others, who
have allowed all the laws to be ignored, has been worse than Cato.
If we used to feel that the Senate took too much on itself, what
shall we say when that power has been transferred, not to the
people, but to three utterly unscrupulous men? "They can make whom
they will Consuls, whom they will Tribunes—so that they may
hide the very goitre of Vatinius under a priest's robe." For
himself, Cicero says, he will be contented to remain with his
books, if only Clodius will allow him; if not, he will defend
himself.<a name="FNanchor_257_257" id="FNanchor_257_257"></a><a
href="#Footnote_257_257" class="fnanchor">257</a> As for his
country, he has done more for his country than has even been
desired of him; and he thinks it to be better to leave the helm in
the hands of pilots, however incompetent, than himself to steer
when passengers are so thankless. Then we find that he robs poor
Tullia of her promised pleasure at the games, because it will be
beneath his dignity to appear at them. He is always very anxious
for his friend's letters, depending on them for news and for
amusement. "My messenger will return at once," he says, in one;
"therefore, though you are coming yourself very soon, send me a
heavy letter, full not only of news but of your own ideas."<a name=
"FNanchor_258_258" id="FNanchor_258_258"></a><a href=
"#Footnote_258_258" class="fnanchor">258</a> In another: "Cicero
the Little sends greeting," he says, in Greek, "to Titus the
Athenian"—that is, to Titus Pomponius Atticus. The Greek
letters <span class='pagenum'><a name="Page_291" id="Page_291">
291</a></span>were probably traced by the child at his father's
knee as Cicero held the pen or the stylus. In another letter he
declares that there, at Formiæ, Pompey's name of Magnus is no more
esteemed than that of Dives belonging to Crassus. In the next he
calls Pompey Sampsiceramus. We learn from Josephus that there was a
lady afterward in the East in the time of Vitellius, who was
daughter of Sampsigeramus, King of the Emesi. It might probably be
a royal family name.<a name="FNanchor_259_259" id=
"FNanchor_259_259"></a><a href="#Footnote_259_259" class=
"fnanchor">259</a> In choosing the absurd title, he is again
laughing at his party leader. Pompey had probably boasted of his
doings with the Sampsiceramus of the day and the priests of
Jerusalem. "When this Sampsiceramus of ours finds how ill he is
spoken of, he will rush headlong into revolution." He complains
that he can do nothing at Formiæ because of the visitors. No
English poet was ever so interviewed by American admirers. They
came at all hours, in numbers sufficient to fill a temple, let
alone a gentleman's house. How can he write anything requiring
leisure in such a condition as this? Nevertheless he will attempt
something. He goes on criticising all that is done in Rome,
especially what is done by Pompey, who no doubt was vacillating
sadly between Cæsar, to whom he was bound, and Bibulus, the
other Consul, to whom he ought to have been bound, as being
naturally on the aristocratic side. He cannot for a moment keep his
pen from public matters; nor, on the other hand, can he refrain
from declaring that he will apply himself wholly, undividedly, to
his literature. "Therefore, oh my Titus, let me settle down to
these glorious occupations, and return to that which, if I had been
wise, I never should have left."<a name="FNanchor_260_260" id=
"FNanchor_260_260"></a><a href="#Footnote_260_260" class=
"fnanchor">260</a> A day or two afterward, writing from the same
place, he asks what Arabarches is saying of him. Arabarches is
another name for Pompey—this Arabian chieftain.</p>
<p>In the early summer of this year Cicero returned to Rome, <span
class='pagenum'><a name="Page_292" id="Page_292">
292</a></span>probably in time to see Atticus, who was then about
to leave the city for his estates in Epirus. We have a letter
written by him to his friend on the journey, telling us that
Cæsar had made him two distinct offers, evidently with the
view of getting rid of him, but in such a manner as would be
gratifying to Cicero himself.<a name="FNanchor_261_261" id=
"FNanchor_261_261"></a><a href="#Footnote_261_261" class=
"fnanchor">261</a> Cæsar asks him to go with him to Gaul as
his lieutenant, or, if that will not suit him, to accept a "free
legation for the sake of paying a vow." This latter was a kind of
job by which Roman Senators got themselves sent forth on their
private travels with all the appanages of a Senator travelling on
public business. We have his argument as to both. Elsewhere he
objects to a "libera legatio" as being a job.<a name=
"FNanchor_262_262" id="FNanchor_262_262"></a><a href=
"#Footnote_262_262" class="fnanchor">262</a> Here he only points
out that, though it enforce his absence from Rome at a time
disagreeable to him—just when his brother Quintus would
return—it would not give him the protection which he needs.
Though he were travelling about the world as a Senator on some
pretended embassy, he would still be open to the attacks of
Clodius. He would necessarily be absent, or he would not be in
enjoyment of his privilege, but by his very absence he would find
his position weakened; whereas, as Cæsar's appointed
lieutenant, he need not leave the city at once, and in that
position he would be quite safe against all that Clodius or other
enemies could do to him.<a name="FNanchor_263_263" id=
"FNanchor_263_263"></a><a href="#Footnote_263_263" class=
"fnanchor">263</a>
No indictment could be made against a Roman while he was in the
employment of the State. It must be remembered, too, on judging of
these overtures, that both the one and the other—and indeed
all the offers then made to him—were deemed to be highly
honorable, as Rome then existed. "The free legation"—the
"libera legatio voti causa"—had <span class='pagenum'><a
name="Page_293" id="Page_293">293</a></span>no reference to
parties. It was a job, no doubt, and, in the hands of the ordinary
Roman aristocrat, likely to be very onerous to the provincials
among whom the privileged Senator might travel; but it entailed no
party adhesion. In this case it was intended only to guarantee the
absence of a man who might be troublesome in Rome. The other was
the offer of genuine work in which politics were not at all
concerned. Such a position was accepted by Quintus, our Cicero's
brother, and in performance of the duties which fell to him he
incurred terrible danger, having been nearly destroyed by the Gauls
in his winter quarters among the Nervii. Labienus, who was
Cæsar's right-hand man in Gaul, was of the same politics as
Cicero—so much so that when Cæsar rebelled against the
Republic, Labienus, true to the Republic, would no longer fight on
Cæsar's side. It was open to Cicero, without disloyalty, to
accept the offer made to him; but with an insight into what was
coming, of which he himself was hardly conscious, he could not
bring himself to accept offers which in themselves were alluring,
but which would seem in future times to have implied on his part an
assent to the breaking up of the Republic. Αἰδέομαι Τρῶας καὶ
Τρωάδας ἐλκεσιπέπλους. What will be said of me in history by
my citizens if I now do simply that which may best suit my own
happiness? Had he done so, Pliny and the others would not have
spoken of him as they have spoken, and it would not have been worth
the while of modern lovers of Cæsarism to write books against
the one patriot of his age.</p>
<p>During the remainder of this year, <span class=
"smcap">b.c.</span> 59, Cicero was at Rome, and seems gradually to
have become aware that a personal attack was to be made upon him.
At the close of a long and remarkable letter written to his brother
Quintus in November, he explains the state of his own mind, showing
us, who have now before us the future which was hidden from him,
how greatly mistaken he was as to the results which were to be
expected. He had been telling his brother how nearly Cato <span
class='pagenum'><a name="Page_294" id="Page_294">
294</a></span>had been murdered for calling Pompey, in public, a
Dictator. Then he goes on to describe his own condition.<a name=
"FNanchor_264_264" id="FNanchor_264_264"></a><a href=
"#Footnote_264_264" class="fnanchor">264</a> "You may see from
this what is the state of the Republic. As far as I am concerned,
it seems that friends will not be wanting to defend me. They offer
themselves in a wonderful way, and promise assistance. I feel great
hope and still greater spirit—hope, which tells me that we
shall be victors in the struggle; spirit, which bids me fear no
casualty in the present state of public affairs."<a name=
"FNanchor_265_265" id="FNanchor_265_265"></a><a href=
"#Footnote_265_265" class="fnanchor">265</a> But the matter
stands in this way: "If he"—that is, Clodius—"should
indict me in court, all Italy would come to my defence, so that I
should be acquitted with honor. Should he attack me with open
violence, I should have, I think, not only my own party but the
world at large to stand by me. All men promise me their friends,
their clients, their freedmen, their slaves, and even their money.
Our old body of aristocrats"—Cato, Bibulus, and the makers of
fish-ponds generally—"are wonderfully warm in my cause. If
any of these have heretofore been remiss, now they join our party
from sheer hatred of these kings"—the Triumvirs. "Pompey
promises everything, and so does Cæsar, whom I only trust so
far as I can see them." Even the Triumvirs promise him that he will
be safe; but his belief in Pompey's honesty is all but gone. "The
coming Tribunes are my friends. The Consuls of next year promise
well." He was wofully mistaken. "We have excellent Prætors,
citizens alive to their duty. Domitius, Nigidius, Memmius, and
Lentulus are specially trustworthy. The others are good men. You
may therefore pluck up your courage and be confident." From this we
perceive that he had already formed the idea that he might perhaps
be required to fight for his position as a Roman citizen; and it
seems also <span class='pagenum'><a name="Page_295" id=
"Page_295">295</a></span>that he understood the cause of the
coming conflict. The intention was that he should be driven out of
Rome by personal enmity. Nothing is said in any of these letters of
the excuse to be used, though he knew well what that excuse was to
be. He was to be charged by the Patrician Tribune with having put
Roman citizens to death in opposition to the law. But there arises
at this time no question whether he had or had not been justified
in what he, as Consul, had done to Lentulus and the others. Would
Clodius be able to rouse a mob against him? and, if so, would
Cæsar assist Clodius? or would Pompey who still loomed to his
eyes as the larger of the two men? He had ever been the friend of
Pompey, and Pompey had promised him all manner of assistance; but
he knew already that Pompey would turn upon him. That Rome should
turn upon him—Rome which he had preserved from the torches of
Catiline's conspirators—that he could not bring himself to
believe!</p>
<p>We must not pass over this long letter to Quintus without
observing that through it all the evil condition of the younger
brother's mind becomes apparent. The severity of his administration
had given offence. His punishments had been cruel. His letters had
been rash, and his language violent. In short, we gather from the
brother's testimony that Quintus Cicero was very ill-fitted to be
the civil governor of a province.</p>
<p>The only work which we have from Cicero belonging to this year,
except his letters, is the speech, or part of the speech, he made
for Lucius Valerius Flaccus. Flaccus had been Prætor when Cicero
was Consul, and had done good service, in the eyes of his superior
officers, in the matter of the Catiline conspiracy. He had then
gone to Asia as governor, and, after the Roman manner, had fleeced
the province. That this was so there is no doubt. After his return
he was accused, was defended by Cicero, and was acquitted.
Macrobius tells us that Cicero, by the happiness of a bon-mot,
brought the accused off safely, though he was manifestly guilty. He
adds also that Cicero took care not to allow the joke to appear in
the <span class='pagenum'><a name="Page_296" id="Page_296">
296</a></span>published edition of his speech.<a name=
"FNanchor_266_266" id="FNanchor_266_266"></a><a href=
"#Footnote_266_266" class="fnanchor">266</a> There are parts of
the speech which have been preserved, and are sufficiently amusing
even to us. He is very hard upon the Greeks of Asia, the class from
which the witnesses against Flaccus were taken. We know here in
England that a spaniel, a wife, and a walnut-tree may be beaten
with advantage. Cicero says that in Asia there is a proverb that a
Phrygian may be improved in the same way. "Fiat experimentum in
corpore vili." It is declared through Asia that you should take a
Carian for your experiment. The "last of the Mysians" is the
well-known Asiatic term for the lowest type of humanity. Look
through all the comedies, you will find the leading slave is a
Lydian. Then he turns to these poor Asiatics, and asks them whether
any one can be expected to think well of them, when such is their
own testimony of themselves! He attacks the Jew, and speaks of the
Jewish religion as a superstition worthy in itself of no
consideration. Pompey had spared the gold in the Temple of
Jerusalem, because he thought it wise to respect the religious
prejudices of the people; but the gods themselves had shown, by
subjecting the Jews to the Romans, how little the gods had regarded
these idolatrous worshippers! Such were the arguments used; and
they prevailed with the judges—or jury, we should rather call
them—to whom they were addressed.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_297" id="Page_297">
297</a></span></p>
<h3><a name="CHAPTER_XII" id="CHAPTER_XII"></a><span class="smcap">Chapter XII.</span></h3>
<h4><i>HIS EXILE.</i></h4>
<p>We now come to that period of Cicero's life in which, by common
consent of all who have hitherto written of him, he is supposed to
have shown himself as least worthy of his high name. Middleton, who
certainly loved his hero's memory and was always anxious to do him
justice, condemns him. "It cannot be denied that in this calamity
of his exile he did not behave himself with that firmness which
might reasonably be expected from one who had borne so glorious a
part in the Republic." Morabin, the French biographer, speaks of
the wailings of his grief, of its injustice and its follies.
"Cicéron était trop plein de son malheur pour donner
entrée à de nouvelles espérances," he says.
"Il avait supporté ce malheur avec peu de courage," says
another Frenchman, M. Du Rozoir, in introducing us to the speeches
which Cicero made on his return. Dean Merivale declares that "he
marred the grace of the concession in the eyes of
posterity"—alluding to the concession made to popular feeling
by his voluntary departure from Rome, as will hereafter be
described—"by the unmanly lamentations with which he
accompanied it." Mommsen, with a want of insight into character
wonderful in an author who has so closely studied the history of
the period, speaks of his exile as a punishment inflicted on a "man
notoriously timid, and belonging to the class of political
weather-cocks." "We now come," says Mr. Forsyth, "to the most
melancholy period of Cicero's life, melancholy not so much from its
nature and the extent of the misfortunes which overtook him, as
from the <span class='pagenum'><a name="Page_298" id="Page_298">
298</a></span>abject prostration of mind into which he was
thrown." Mr. Froude, as might be expected, uses language stronger
than that of others, and tells us that "he retired to Macedonia to
pour out his sorrows and his resentments in lamentations unworthy
of a woman." We have to admit that modern historians and
biographers have been united in accusing Cicero of want of
manliness during his exile. I propose—not, indeed, to wash
the blackamoor white—but to show, if I can, that he was as
white as others might be expected to have been in similar
circumstances.</p>
<p>We are, I think, somewhat proud of the courage shown by public
men of our country who have suffered either justly or unjustly
under the laws. Our annals are bloody, and many such have had to
meet their death. They have done so generally with becoming
manliness. Even though they may have been rebels against the powers
of the day, their memories have been made green because they have
fallen like brave men. Sir Thomas More, who was no rebel, died
well, and crowned a good life by his manner of leaving it. Thomas
Cromwell submitted to the axe without a complaint. Lady Jane Grey,
when on the scaffold, yielded nothing in manliness to the others.
Cranmer and the martyr bishops perished nobly. The Earl of Essex,
and Raleigh, and Strafford, and Strafford's master showed no fear
when the fatal moment came. In reading the fate of each, we
sympathize with the victim because of a certain dignity at the
moment of death. But there is, I think, no crisis of life in which
it is so easy for a man to carry himself honorably as that in which
he has to leave it. "Venit summa dies et ineluctabile tempus." No
doubting now can be of avail. No moment is left for the display of
conduct beyond this, which requires only decorum and a free use of
the pulses to become in some degree glorious. The wretch from the
lowest dregs of the people can achieve it with a halter round his
neck. Cicero had that moment also to face; and when it came he was
as brave as the best Englishman of them all. <span class=
'pagenum'><a name="Page_299" id="Page_299">299</a></span>But
of those I have named no one had an Atticus to whom it had been the
privilege of his life to open his very soul, in language so
charming as to make it worth posterity's while to read it, to study
it, to sift it, and to criticise it. Wolsey made many plaints in
his misery, but they have reached us in such forms of grace that
they do not disparage him; but then he too had no Atticus.
Shaftesbury and Bolingbroke were dismissed ministers and doomed to
live in exile, the latter for many years, and felt, no doubt,
strongly their removal from the glare of public life to obscurity.
We hear no complaint from them which can justify some future critic
in saying that their wails were unworthy of a woman; but neither of
them was capable of telling an Atticus the thoughts of his mind as
they rose. What other public man ever had an Atticus to whom, in
the sorrows which the ingratitude of friends had brought upon him,
he could disclose every throb of his heart?</p>
<p>I think that we are often at a loss, in our efforts at
appreciation of character, and in the expressions of our opinion
respecting it, to realize the meaning of courage and manliness.
That sententious Swedish Queen, one of whose foolish maxims I have
quoted, has said that Cicero, though a coward, was capable of great
actions, because she did not know what a coward was. To
doubt—to tremble with anxiety—to vacillate hither and
thither between this course and the other as to which may be the
better—to complain within one's own breast that this or that
thing has been an injustice—to hesitate within one's self,
not quite knowing which way honor may require us to go—to be
indignant even at fancied wrongs—to rise in wrath against
another, and then, before the hour has passed, to turn that wrath
against one's self—that is not to be a coward. To know what
duty requires, and then to be deterred by fear of
results—that is to be a coward; but the man of many scruples
may be the greatest hero of them all. Let the law of things be
declared clearly <span class='pagenum'><a name="Page_300" id=
"Page_300">300</a></span>so that the doubting mind shall no
longer doubt, so that scruples may be laid at rest, so that the
sense of justice may be satisfied—and he of whom I speak
shall be ready to meet the world in arms against him. There are
men, very useful in their way, who shall never doubt at all, but
shall be ready, as the bull is ready, to encounter any obstacles
that there may be before them. I will not say but that for the
coarse purposes of the world they may not be the most efficacious,
but I will not admit that they are therefore the bravest. The bull,
who has no imagination to tell him what the obstacle may do to him,
is not brave. He is brave who, fully understanding the potentiality
of the obstacle, shall, for a sufficient purpose, move against
it.</p>
<p>This Cicero always did. He braved the murderous anger of Sulla
when, as a young man, he thought it well to stop the greed of
Sulla's minions. He trusted himself amid the dangers prepared for
him, when it was necessary that with extraordinary speed he should
get together the evidence needed for the prosecution of Verres. He
was firm against all that Catiline attempted for his destruction,
and had courage enough for the responsibility when he thought it
expedient to doom the friends of Catiline to death. In defending
Milo, whether the cause were good or bad, he did not blench.<a
name="FNanchor_267_267" id="FNanchor_267_267"></a><a href=
"#Footnote_267_267" class="fnanchor">267</a> He joined the
Republican army in Macedonia though he distrusted Pompey and his
companions. When he thought that there was a hope for the Republic,
he sprung at Antony with all the courage of a tigress protecting
her young; and when all had failed and was rotten around him, when
the Republic had so fallen that he knew it to be gone—then he
was able to give his neck to the swordsman with all the apparent
indifference of life which was displayed by those countrymen of our
own whom I have named.</p>
<p><span class='pagenum'><a name="Page_301" id="Page_301">
301</a></span>But why did he write so piteously when he was driven
into exile? Why, at any rate, did he turn upon his chosen friend
and scold him, as though that friend had not done enough for
friendship? Why did he talk of suicide as though by that he might
find the easiest way of escape?</p>
<p>I hold it to be natural that a man should wail to himself under
a sense, not simply of misfortune, but of misfortune coming to him
from the injustice of others, and specially from the ingratitude of
friends. Afflictions which come to us from natural causes, such as
sickness and physical pain, or from some chance such as the loss of
our money by the breaking of a bank, an heroic man will bear
without even inward complainings. But a sense of wrong done to him
by friends will stir him, not by the misery inflicted, but because
of the injustice; and that which he says to himself he will say to
his wife, if his wife be to him a second self, or to his friend, if
he have one so dear to him. The testimony by which the writers I
have named have been led to treat Cicero so severely has been found
in the letters which he wrote during his exile; and of these
letters all but one were addressed either to Atticus or to his wife
or to his brother.<a name="FNanchor_268_268" id=
"FNanchor_268_268"></a><a href="#Footnote_268_268" class=
"fnanchor">268</a> Twenty-seven of them were to Atticus. Before
he accepted a voluntary exile, as the best solution of the
difficulty in which he was placed—for it was voluntary at
first, as will be seen—he applied to the Consul Piso for aid,
and for the same purpose visited Pompey. So far he was a suppliant,
but this he did in conformity with Roman usage. In asking favor of
a man in power there was held to be no disgrace, even though the
favor asked were one improper to be granted, which was not the case
with Cicero. And he went about the Forum in
mourning—"sordidatus"—as was the custom with men on
their trial. We cannot doubt that in each of <span class=
'pagenum'><a name="Page_302" id="Page_302">302</a></span>these
cases he acted with the advice of his friends. His conduct and his
words after his return from exile betray exultation rather than
despondency.</p>
<p>It is from the letters which he wrote to Atticus that he has
been judged—from words boiling with indignation that such a
one as he should have been surrendered by the Rome that he had
saved, by those friends to whom he had been so true to be trampled
on by such a one as Clodius! When a man has written words intended
for the public ear, it is fair that he should bear the brunt of
them, be it what it may. He has intended them for public effect,
and if they are used against him he should not complain. But here
the secret murmurings of the man's soul were sent forth to his
choicest friend, with no idea that from them would he be judged by
the "historians to come in 600 years,"<a name="FNanchor_269_269"
id="FNanchor_269_269"></a><a href="#Footnote_269_269" class=
"fnanchor">269</a> of whose good word he thought so much. "Quid
vero historiæ de nobis ad annos DC. prædicarint!" he says, to
Atticus. How is it that from them, after 2000 years, the Merivales,
Mommsens, and Froudes condemn their great brother in letters whose
lightest utterances have been found worthy of so long a life! Is
there not an injustice in falling upon a man's private words, words
when written intended only for privacy, and making them the basis
of an accusation in which an illustrious man shall be arraigned
forever as a coward? It is said that he was unjust even to Atticus,
accusing even Atticus of lukewarmness. What if he did so—for
an hour? Is that an affair of ours? Did Atticus quarrel with him?
Let any reader of these words who has lived long enough to have an
old friend, ask himself whether there has never been a moment of
anger in his heart—of anger of which he has soon learned to
recognize the injustice? He may not have written his anger, but
then, perhaps, he has not had the pen of a Cicero. Let those who
rebuke the unmanliness of Cicero's wailings remember what were his
sufferings. The <span class='pagenum'><a name="Page_303" id=
"Page_303">303</a></span>story has yet to be told, but I may
in rough words describe their nature. Everything was to be taken
from him: all that he had—his houses, his books, his pleasant
gardens, his busts and pictures, his wide retinue of slaves, and
possessions lordly as are those of our dukes and earls. He was
driven out from Italy and so driven that no place of delight could
be open to him. Sicily, where he had friends, Athens, where he
might have lived, were closed against him. He had to look where to
live, and did live for a while on money borrowed from his friends.
All the cherished occupations of his life were over for
him—the law courts, the Forum, the Senate, and the crowded
meetings of Roman citizens hanging on his words. The circumstances
of his exile separated him from his wife and children, so that he
was alone. All this was assured to him for life, as far as Roman
law could assure it. Let us think of the condition of some great
and serviceable Englishman in similar circumstances. Let us suppose
that Sir Robert Peel had been impeached, and forced by some
iniquitous sentence to live beyond the pale of civilization: that
the houses at Whitehall Gardens and at Drayton had been
confiscated, dismantled, and levelled to the ground, and his rents
and revenues made over to his enemies; that everything should have
been done to destroy him by the country he had served, except the
act of taking away that life which would thus have been made a
burden to him. Would not his case have been more piteous, a source
of more righteous indignation, than that even of the Mores or
Raleighs? He suffered under invectives in the House of Commons, and
we sympathized with him; but if some Clodius of the day could have
done this to him, should we have thought the worse of him had he
opened his wounds to his wife, or to his brother, or to his friend
of friends?</p>
<p>Had Cicero put an end to his life in his exile, as he thought of
doing, he would have been a second Cato to admiring posterity, and
some Lucan with rolling verses would have told us narratives of his
valor. The judges of to-day look back to his <span class=
'pagenum'><a name="Page_304" id="Page_304">
304</a></span>half-formed purposes in this direction as being an
added evidence of the weakness of the man; but had he let himself
blood and have perished in his bath, he would have been thought to
have escaped from life as honorably as did Junius Brutus It is
because he dared to live on that we are taught to think so little
of him,—because he had antedated Christianity so far as to feel
when the moment came that such an escape was, in truth, unmanly. He
doubted, and when the deed had not been done he expressed regret
that he had allowed himself to live. But he did not do it,—as Cato
would have done, or Brutus.</p>
<p>It may be as well here to combat, in as few words as possible,
the assertions which have been made that Cicero, having begun life
as a democrat, discarded his colors as soon as he had received from
the people those honors for which he had sought popularity. They
who have said so have taken their idea from the fact that, in much
of his early forensic work, he spoke against the aristocratic
party. He attacked Sulla, through his favorite Chrysogonus, in his
defence of Roscius Amerinus. He afterward defended a woman of
Arretium in the spirit of antagonism to Sulla. His accusation of
Verres was made on the same side in politics, and was carried on in
opposition to Hortensius and the oligarchs. He defended the Tribune
Caius Cornelius. Then, when he became Consul, he devoted himself to
the destruction of Catiline, who was joined with many, perhaps with
Cæsar's sympathy, in the conspiracy for the overthrow of the
Republic. Cæsar soon became the leader of the democracy,—became
rather what Mommsen describes as "Democracy" itself; and as
Cicero had defended the Senate from Catiline, and had refused to
attach himself to Cæsar, he is supposed to have turned from
the political ideas of his youth, and to have become a Conservative
when Conservative ideas suited his ambition.</p>
<p>I will not accept the excuse put forward on his behalf, that the
early speeches were made on the side of democracy because the
exigencies of the occasion required him to so devote <span class=
'pagenum'><a name="Page_305" id="Page_305">305</a></span>his
energies as an advocate. No doubt he was an advocate, as are our
barristers of to-day, and, as an advocate, supported this side or
that; but we shall be wrong if we suppose that the Roman "patronus"
supplied his services under such inducements. With us a man goes
into the profession of the law with the intention of making money,
and takes the cases right and left, unless there be special
circumstances which may debar him from doing so with honor. It is a
point of etiquette with him to give his assistance, in turn, as
he may be called on; so much so, that leading men are not
unfrequently employed on one side simply that they may not be
employed on the other side. It should not be urged on the part of
Cicero that, so actuated, he defended Amerinus, a case in which he
took part against the aristocrats, or defended Publius Sulla, in
doing which he appeared on the side of the aristocracy. Such a
defence of his conduct would be misleading, and might be confuted.
It would be confuted by those who suppose him to have been
"notoriously a political trimmer," as Mommsen has<a name=
"FNanchor_270_270" id="FNanchor_270_270"></a><a href=
"#Footnote_270_270" class="fnanchor">270</a> called him; or a
"deserter," as he was described by Dio Cassius and by the
Pseudo-Sallust,<a name="FNanchor_271_271" id=
"FNanchor_271_271"></a><a href="#Footnote_271_271" class=
"fnanchor">271</a> by showing that in fact he took up causes
under the influence of strong personal motives such as rarely
govern an English barrister. These motives were in many cases
partly political; but they operated in such a manner as to give no
guide to his political views. In defending Sulla's nephew he was
moved, as far as we know, solely by private motives. In defending
Amerinus he may be said to have attacked Sulla. His object was to
stamp out the still burning embers of Sulla's cruelty; but not the
less was he wedded to Sulla's general views as to the restoration
of the <span class='pagenum'><a name="Page_306" id="Page_306">
306</a></span>authority of the Senate. In his early speeches,
especially in that spoken against Verres, he denounces the
corruption of the senatorial judges; but at that very period of his
life he again and again expresses his own belief in the glory and
majesty of the Senate. In accusing Verres he accused the general
corruption of Rome's provincial governors; and as they were always
past-Consuls or past-Prætors, and had been the elite of the
aristocracy, he may be said so far to have taken the part of a
democrat; but he had done so only so far as he had found himself
bound by a sense of duty to put a stop to corruption. The venality
of the judges and the rapacity of governors had been fit objects
for his eloquence; but I deny that he can be fairly charged with
having tampered with democracy because he had thus used his
eloquence on behalf of the people.</p>
<p>He was no doubt stirred by other political motives less
praiseworthy, though submitted to in accordance with the practice
and the known usages of Rome. He had undertaken to speak for
Catiline when Catiline was accused of corruption on his return from
Africa, knowing that Catiline had been guilty. He did not do so;
but the intention, for our present purpose, is the same as the
doing. To have defended Catiline would have assisted him in his
operations as a candidate for the Consulship. Catiline was a bad
subject for a defence—as was Fonteius, whom he certainly did
defend—and Catiline was a democrat. But Cicero, had he
defended Catiline, would not have done so as holding out his hand
to democracy. Cicero, when, in the Pro Lege Manilia, he for the
first time addressed the people, certainly spoke in opposition to
the wishes of the Senate in proposing that Pompey should have the
command of the Mithridatic war; but his views were not democratic.
It has been said that this was done because Pompey could help him
to the Consulship. To me it seems that he had already declared to
himself that among leading men in Rome Pompey was the one to whom
the Republic would look with the most security as a bulwark, and
that on that account he had resolved to bind <span class=
'pagenum'><a name="Page_307" id="Page_307">
307</a></span>himself to Pompey in some political marriage. Be
that as it may, there was no tampering with democracy in the speech
Pro Lege Manilia. Of all the extant orations made by him before his
Consulship, the attentive reader will sympathize the least with
that of Fonteius. After his scathing onslaught on Verres for
provincial plunder, he defended the plunderer of the Gauls, and
held up the suffering allies of Rome to ridicule as being hardly
entitled to good government. This he did simply as an advocate,
without political motive of any kind—in the days in which he
was supposed to be currying favor with democracy—governed by
private friendship, looking forward, probably, to some friendly
office in return, as was customary. It was thus that afterward he
defended Antony, his colleague in the Consulship, whom he knew to
have been a corrupt governor. Autronius had been a party to
Catiline's conspiracy, and Autronius had been Cicero's
school-fellow; but Cicero, for some reserved reason with which we
are not acquainted, refused to plead for Autronius. There is, I
maintain, no ground for suggesting that Cicero had shown by his
speeches before his Consulship any party adherence. The declaration
which he made after his Consulship, in the speech for Sulla, that
up to the time of Catiline's first conspiracy forensic duties had
not allowed him to devote himself to party politics, is entitled to
belief: we know, indeed, that it was so. As Quæstor, as Ædile,
and as Prætor, he did not interfere in the political questions of
Rome, except in demanding justice from judges and purity from
governors. When he became Consul then he became a politician, and
after that there was certainly no vacillation in his views. Critics
say that he surrendered himself to Cæsar when Cæsar
became master. We shall come to that hereafter; but the accusation
with which I am dealing now is that which charges him with having
abandoned the democratic memories of his youth as soon as he had
enveloped himself with the consular purple. There had been no
democratic promises, and there was no change when he became
Consul.</p>
<p><span class='pagenum'><a name="Page_308" id="Page_308">
308</a></span>In truth, Cicero's political convictions were the
same from the beginning to the end of his career, with a
consistency which is by no means usual in politicians; for though,
before his Consulship, he had not taken up politics as a business
he had entertained certain political views, as do all men who live
in public. From the first to the last we may best describe him by
the word we have now in use, as a conservative. The government of
Rome had been an oligarchy for many years, though much had been
done by the citizens to reduce the thraldom which an oligarchy is
sure to exact. To that oligarchy Cicero was bound by all the
convictions, by all the practices, and by all the prejudices of his
life. When he speaks of a Republic he speaks of a people and of an
Empire governed by an oligarchy; he speaks of a power to be kept in
the hands of a few—for the benefit of the few, and of the
many if it might be—but at any rate in the hands of a few.
That those few should be so select as to admit of no new-comers
among them, would probably have been a portion of his political
creed, had he not been himself a "novus homo." As he was the first
of his family to storm the barrier of the fortress, he had been
forced to depend much on popular opinion; but not on that account
had there been any dealings between him and democracy. That the
Empire should be governed according to the old oligarchical forms
which had been in use for more than four centuries, and had created
the power of Rome—that was his political creed. That Consuls,
Censors, and Senators might go on to the end of time with no
diminution of their dignity, but with great increase of justice and
honor and truth among them—that was his political aspiration.
They had made Rome what it was, and he knew and could imagine
nothing better; and, odious as an oligarchy is seen to be under the
strong light of experience to which prolonged ages has subjected
it, the aspiration on his part was noble. He has been wrongly
accused of deserting "that democracy with which he had flirted in
his youth." There had been no democracy in his youth, <span class=
'pagenum'><a name="Page_309" id="Page_309">
309</a></span>though there had existed such a condition in the
time of the Gracchi. There was none in his youth and none in his
age. That which has been wrongly called democracy was
conspiracy—not a conspiracy of democrats such as led to our
Commonwealth, or to the American Independence, or to the French
Revolution; but conspiracy of a few nobles for the better assurance
of the plunder, and the power, and the high places of the Empire.
Of any tendency toward democracy no man has been less justly
accused than Cicero, unless it might be Cæsar. To Cæsar
we must accord the merit of having seen that a continuation of the
old oligarchical forms was impracticable This Cicero did not see.
He thought that the wounds inflicted by the degeneracy and
profligacy of individuals were curable. It is attributed to
Cæsar that he conceived the grand idea of establishing
general liberty under the sole dominion of one great, and therefore
beneficent, ruler. I think he saw no farther than that he, by
strategy, management, and courage might become this ruler, whether
beneficent or the reverse. But here I think that it becomes the
writer, whether he be historian, biographer, or fill whatever
meaner position he may in literature, to declare that no
beneficence can accompany such a form of government. For all
temporary sleekness, for metropolitan comfort and fatness, the bill
has to be paid sooner or later in ignorance, poverty, and
oppression. With an oligarchy there will be other, perhaps graver,
faults; but with an oligarchy there will be salt, though it be
among a few. There will be a Cicero now and again—or at least
a Cato. From the dead, stagnant level of personal despotism there
can be no rising to life till corruption paralyzes the hands of
power, and the fabric falls by its own decay Of this no proof can
be found in the world's history so manifest as that taught by the
Roman Empire.</p>
<p>I think it is made clear by a study of Cicero's life and works,
up to the period of his exile, that an adhesion to the old forms of
the Roman Government was his guiding principle. <span class=
'pagenum'><a name="Page_310" id="Page_310">310</a></span>I am
sure that they who follow me to the close of his career will
acknowledge that after his exile he lived for this principle, and
that he died for it. "Respublica," the Republic, was the one word
which to his ear contained a political charm. It was the shibboleth
by which men were to be conjured into well-being. The word
constitution is nearly as potent with us. But it is essential that
the reader of Roman history and Roman biography should understand
that the appellation had in it, for all Roman ears, a thoroughly
conservative meaning. Among those who at Cicero's period dealt with
politics in Rome—all of whom, no doubt, spoke of the Republic
as the vessel of State which was to be defended by all
persons—there were four classes. These were they who simply
desired the plunder of the State—the Catilines, the Sullas of
the day, and the Antonys; men such as Verres had been, and
Fonteius, and Autronius. The other three can be best typified each
by one man. There was Cæsar, who knew that the Republic was
gone, past all hope. There was Cato—"the dogmatical fool
Cato" as Mommsen calls him, perhaps with some lack of the
historian's dignity—who was true to the Republic, who could
not bend an inch, and was thus as detrimental to any hope of
reconstruction as a Catiline or a Cæsar. Cicero was of the
fourth class, believing in the Republic, intent on saving it,
imbued amid all his doubts with a conviction that if the
"optimates" or "boni"—the leading men of the
party—would be true to themselves, Consuls, Censors, and
Senate would still suffice to rule the world; but prepared to give
and take with those who were opposed to him. It was his idea that
political integrity should keep its own hands clean, but should
wink at much dirt in the world at large. Nothing, he saw, could be
done by Catonic rigor. We can see now that Ciceronic compromises
were, and must have been, equally ineffective. The patient was past
cure. But in seeking the truth as to Cicero, we have to perceive
that amid all his doubts, frequently in despondency, sometimes
overwhelmed by the misery and hopelessness <span class='pagenum'><a
name="Page_311" id="Page_311">311</a></span>of his condition,
he did hold fast by this idea to the end. The frequent expressions
made to Atticus in opposition to this belief are to be taken as the
murmurs of his mind at the moment; as you shall hear a man swear
that all is gone, and see him tear his hair, and shall yet know
that there is a deep fund of hope within his bosom. It was the
ingratitude of his political friends, his "boni" and his
"optimates," of Pompey as their head, which tried him the sorest;
but he was always forgiving them, forgiving Pompey as the head of
them, because he knew that, were he to be severed from them, then
the political world must be closed to him altogether.</p>
<p>Of Cicero's strength or Cicero's weakness Pompey seems to have
known nothing. He was no judge of men. Cæsar measured him
with a great approach to accuracy. Cæsar knew him to be the
best Roman of his day; one who, if he could be brought over to
serve in Cæsarean ranks, would be invaluable—because of
his honesty, his eloquence, and his capability; but he knew him as
one who must be silenced if he were not brought to serve on the
Cæsarean side. Such a man, however, might be silenced for a
while—taught to perceive that his efforts were vain—and
then brought into favor by further overtures, and made of use.
Personally he was pleasant to Cæsar, who had taste enough to
know that he was a man worthy of all personal dignity. But
Cæsar was not, I think, quite accurate in his estimation,
having allowed himself to believe at the last that Cicero's energy
on behalf of the Republic had been quelled.</p>
<div class="sidenote">B. C. 58, ætat 49</div>
<p>Now we will go back to the story of Cicero's exile. Gradually
during the preceding year he had learned that Clodius was preparing
to attack him, and to doubt whether he could expect protection from
the Triumvirate. That he could be made safe by the justice either
of the people or by that of any court before which he could be
tried, seems never to have occurred to him. He knew the people and
he knew the courts too well. Pompey no doubt might have warded
<span class='pagenum'><a name="Page_312" id="Page_312">
312</a></span>off the coming evil; such at least was Cicero's
idea. To him Pompey was the greatest political power as yet extant
in Rome; but he was beginning to believe that Pompey would be
untrue to him. When he had sent to Pompey a long account of the
grand doings of his Consulship, Pompey had replied with faintest
praises. He had rejected the overtures of the Triumvirate. In the
last letter to Atticus in the year before, written in August,<a
name="FNanchor_272_272" id="FNanchor_272_272"></a><a href=
"#Footnote_272_272" class="fnanchor">272</a> he had declared that
the Republic was ruined; that they who had brought things to this
pass—meaning the Triumvirate—were hostile; but, for
himself, he was confident in saying that he was quite safe in the
good will of men around him. There is a letter to his brother
written in November, the next letter in the collection, in which he
says that Pompey and Cæsar promise him everything. With the
exception of two letters of introduction, we have nothing from him
till he writes to Atticus from the first scene of his exile.</p>
<p>When the new year commenced, Clodius was Tribune of the people,
and immediately was active. Piso and Gabinius were Consuls. Piso
was kinsman to Piso Frugi, who had married Cicero's daughter,<a
name="FNanchor_273_273" id="FNanchor_273_273"></a><a href=
"#Footnote_273_273" class="fnanchor">273</a>and was expected to
befriend Cicero at this crisis. But Clodius procured the allotment
of Syria and Macedonia to the two Consuls by the popular vote. They
were provinces rich in plunder; and it was matter of importance for
a Consul to know that the prey which should come to him as
Proconsul should be worthy of his grasp. They were, therefore,
ready to support the Tribune in what he proposed to do. It was
necessary to Cicero's enemies that there should be some law by
which Cicero might be condemned. It would not be within the power
of Clodius, even with the Triumvirate at his back, to drive the man
out of Rome and out of Italy, without an <span class='pagenum'><a
name="Page_313" id="Page_313">313</a></span>alleged cause.
Though justice had been tabooed, law was still in vogue. Now there
was a matter as to which Cicero was open to attack. As Consul he
had caused certain Roman citizens to be executed as conspirators,
in the teeth of a law which enacted that no Roman citizen should be
condemned to die except by a direct vote of the people. It had
certainly become a maxim of the constitution of the Republic that a
citizen should not be made to suffer death except by the voice of
the people. The Valerian, the Porcian, and the Sempronian laws had
all been passed to that effect. Now there had been no popular vote
as to the execution of Lentulus and the other conspirators, who had
been taken red-handed in Rome in the affair of Catiline. Their
death had been decreed by the Senate, and the decree of the Senate
had been carried out by Cicero; but no decree of the Senate had the
power of a law. In spite of that decree the old law was in force;
and no appeal to the people had been allowed to Lentulus. But there
had grown up in the constitution a practice which had been supposed
to override the Valerian and Porcian laws. In certain emergencies
the Senate would call upon the Consuls to see that the Republic
should suffer no injury, and it had been held that at such moments
the Consuls were invested with an authority above all law. Cicero
had been thus strengthened when, as Consul, he had struggled with
Catiline; but it was an open question, as Cicero himself very well
knew. In the year of his Consulship—the very year in which
Lentulus and the others had been strangled—he had defended
Rabirius, who was then accused of having killed a citizen thirty
years before. Rabirius was charged with having slaughtered the
Tribune Saturninus by consular authority, the Consuls of the day
having been ordered to defend the Republic, as Cicero had been
ordered. Rabirius probably had not killed Saturninus, nor did any
one now care whether he had done so or not. The trial had been
brought about notoriously by the agency of Cæsar, who caused
himself to be selected by the Prætor as one of the <span class=
'pagenum'><a name="Page_314" id="Page_314">314</a></span>two
judges for the occasion;<a name="FNanchor_274_274" id=
"FNanchor_274_274"></a><a href="#Footnote_274_274" class=
"fnanchor">274</a> and Cæsar's object as notoriously was to
lessen the authority of the Senate, and to support the democratic
interest. Both Cicero and Hortensius defended Rabirius, but he was
condemned by Cæsar, and, as we are told, himself only escaped
by using that appeal to the people in support of which he had
himself been brought to trial. In this, as in so many of the
forensic actions of the day, there had been an admixture of
violence and law. We must, I think, acknowledge that there was the
same leaven of illegality in the proceedings against Lentulus. It
had no doubt been the intention of the constitution that a Consul,
in the heat of an emergency, should use his personal authority for
the protection of the Commonwealth, but it cannot be alleged that
there was such an emergency, when the full Senate had had time to
debate on the fate of the Catiline criminals. Both from
Cæsar's words as reported by Sallust, and from Cicero's as
given to us by himself, we are aware that an idea of the illegality
of the proceeding was present in the minds of Senators at the
moment. But, though law was loved at Rome, all forensic and
legislative proceedings were at this time carried on with monstrous
illegality. Consuls consulted the heavens falsely; Tribunes used
their veto violently; judges accepted bribes openly; the votes of
the people were manipulated fraudulently. In the trial and escape
of Rabirius, the laws were despised by those who pretended to
vindicate them. Clodius had now become a Tribune by the means of
certain legal provision, but yet in opposition to all law. In the
conduct of the affair against Catiline Cicero seems to have been
actuated by pure patriotism, and to have been supported by a fine
courage; but he knew that in destroying Lentulus and Cethegus he
subjected himself to certain dangers. He had willingly faced these
dangers for the sake of the object in view. As long as he <span
class='pagenum'><a name="Page_315" id="Page_315">
315</a></span>might remain the darling of the people, as he was at
that moment, he would no doubt be safe; but it was not given to any
one to be for long the darling of the Roman people. Cicero bad
become so by using an eloquence to which the Romans were peculiarly
susceptible; but though they loved sweet tongues, long purses went
farther with them. Since Cicero's Consulship he had done nothing to
offend the people, except to remain occasionally out of their
sight; but he had lost the brilliancy of his popularity, and he was
aware that it was so.</p>
<p>In discussing popularity in Rome we have to remember of what
elements it was formed. We hear that this or that man was potent at
some special time by the assistance coming to him from the popular
voice. There was in Rome a vast population of idle men, who had
been trained by their city life to look to the fact of their
citizenship for their support, and who did, in truth, live on their
citizenship. Of "panem et circenses" we have all heard, and know
that eleemosynary bread and the public amusements of the day
supplied the material and æsthetic wants of many Romans. But men
so fed and so amused were sure to need further occupations. They
became attached to certain friends, to certain patrons, and to
certain parties, and soon learned that a return was expected for
the food and for the excitement supplied to them. This they gave by
holding themselves in readiness for whatever violence was needed
from them, till it became notorious in Rome that a great party man
might best attain his political object by fighting for it in the
streets. This was the meaning of that saying of Crassus, that a man
could not be considered rich till he could keep an army in his own
pay. A popular vote obtained and declared by a faction fight in the
forum was still a popular vote, and if supported by sufficient
violence would be valid. There had been street fighting of the kind
when Cicero had defended Caius Cornelius, in the year after his
Prætorship; there had been fighting of the kind when Rabirius had
been condemned in his Consulship. We shall learn <span class=
'pagenum'><a name="Page_316" id="Page_316">
316</a></span>by-and-by to what extent such fighting prevailed
when Clodius was killed by Milo's body-guard. At the period of
which we are now writing, when Clodius was intent on pursuing
Cicero to his ruin, it was a question with Cicero himself whether
he would not trust to a certain faction in Rome to fight for him,
and so to protect him. Though his popularity was on the
wane—that general popularity which, we may presume, had been
produced by the tone of his voice and the grace of his
language—there still remained to him that other popularity
which consisted, in truth, of the trained bands employed by the
"boni" and the "optimates," and which might be used, if need were,
in opposition to trained bands on the other side.</p>
<p>The bill first proposed by Clodius to the people with the object
of destroying Cicero did not mention Cicero, nor, in truth, refer
to him. It purported to enact that he who had caused to be executed
any Roman citizen not duly condemned to death, should himself be
deprived of the privilege of water or fire.<a name=
"FNanchor_275_275" id="FNanchor_275_275"></a><a href=
"#Footnote_275_275" class="fnanchor">275</a> This condemned no
suggested malefactor to death; but, in accordance with Roman law,
made it impossible that any Roman so condemned should live within
whatever bounds might be named for this withholding of fire and
water. The penalty intended was banishment; but by this enactment
no individual would be banished. Cicero, however, at once took the
suggestion to himself, and put himself into mourning, as a man
accused and about to be brought to his trial. He went about the
streets accompanied by crowds armed for his protection; and Clodius
also caused himself to be so accompanied. There came thus to be a
question which might prevail should there be a general fight. The
Senate was, as a body, on Cicero's side, but was quite unable to
cope with the Triumvirate. Cæsar no doubt had resolved that
Cicero should be made to go, and Cæsar was lord of the
Triumvirate. On behalf of Cicero <span class='pagenum'><a name=
"Page_317" id="Page_317">317</a></span>there was a large body
of the conservative or oligarchical party who were still true to
him; and they, too, all went into the usual public mourning,
evincing their desire that the accused man should be rescued from
his accusers.</p>
<p>The bitterness of Clodius would be surprising did we not know
how bitter had been Cicero's tongue. When the affair of the Bona
Dea had taken place there was no special enmity between this
debauched young man and the great Consul. Cicero, though his own
life had ever been clean and well ordered, rather affected the
company of fast young men when he found them to be witty as well as
clever. This very Clodius had been in his good books till the
affair of the Bona Dea. But now the Tribune's hatred was
internecine. I have hitherto said nothing, and need say but little,
of a certain disreputable lady named Clodia. She was the sister of
Clodius and the wife of Metellus Celer. She was accused by public
voice in Rome of living in incest with her brother, and of
poisoning her husband. Cicero calls her afterward, in his defence
of Cælius, "amica omnium." She had the nickname of Quadrantaria<a name="FNanchor_276_276" id="FNanchor_276_276"></a><a href=
"#Footnote_276_276" class="fnanchor">276</a> given to her,
because she frequented the public baths, at which the charge was a
farthing. It must be said also of her, either in praise or in
dispraise, that she was the Lesbia who inspired the muse of
Catullus. It was rumored in Rome that she had endeavored to set her
cap at Cicero. Cicero in his raillery had not spared the lady. To
speak publicly the grossest evil of women was not opposed to any
idea of gallantry current among the Romans. Our sense of chivalry,
as well as decency, is disgusted by the language used by Horace to
women who once to him were young and pretty, but have become old
and ugly. The venom of Cicero's abuse of Clodia annoys us, and we
have to remember that the gentle ideas which we have taken in with
our mother's milk had not <span class='pagenum'><a name="Page_318"
id="Page_318">318</a></span>grown into use with the Romans. It
is necessary that this woman's name should be mentioned, and it may
appear here as she was one of the causes of that hatred which burnt
between Clodius and Cicero, till Clodius was killed in a street
row.</p>
<p>It has been presumed that Cicero was badly advised in presuming
publicly that the new law was intended against himself, and in
taking upon himself the outward signs of a man under affliction.
"The resolution," says Middleton, "of changing his gown was too
hasty and inconsiderate, and helped to precipitate his ruin." He
was sensible of his error when too late, and oft reproaches Atticus
that, being a stander-by, and less heated with the game than
himself, he would suffer him to make such blunders. And he quotes
the words written to Atticus: "Here my judgment first failed me,
or, indeed, brought me into trouble. We were blind, blind I say, in
changing our raiment and in appealing to the
populace. * * * I handed myself and all belonging to me over
to my enemies, while you were looking on, while you were holding
your peace; yes, you, who, if your wit in the matter was no better
than mine, were impeded by no personal fears."<a name=
"FNanchor_277_277" id="FNanchor_277_277"></a><a href=
"#Footnote_277_277" class="fnanchor">277</a> But the reader
should study the entire letter, and study it in the original, for
no translator can give its true purport. This the reader must do
before he can understand Cicero's state of mind when writing it, or
his relation to Atticus; or the thoughts which distracted him when,
in accordance with the advice of Atticus, he resolved, while yet
uncondemned, to retire into banishment. The censure to which
Atticus is subjected throughout this letter is that which a
thoughtful, hesitating, scrupulous man is so often disposed to
address to himself. After reminding Atticus of the sort of advice
which should have been given—the want of which in the first
moment of his exile he regrets—and doing this in words of
which it is very difficult now to catch the <span class=
'pagenum'><a name="Page_319" id="Page_319">319</a></span>exact
flavor, he begs to be pardoned for his reproaches. "You will
forgive me this," he says. "I blame myself more than I do you; but
I look to you as a second self, and I make you a sharer with me of
my own folly." I take this letter out of its course, and speak of
it as connected with that terrible period of doubt to which it
refers, in which he had to decide whether he would remain in Rome
and fight it out, or run before his enemies. But in writing the
letter afterward his mind was as much disturbed as when he did fly.
I am inclined, therefore, to think that Middleton and others may
have been wrong in blaming his flight, which they have done,
because in his subsequent vacillating moods he blamed himself. How
the battle might have gone had he remained, we have no evidence to
show; but we do know that though he fled, he returned soon with
renewed glory, and altogether overcame the attempt which had been
made to destroy him.</p>
<p>In this time of his distress a strong effort was made by the
Senate to rescue him. It was proposed to them that they all as a
body should go into mourning on his behalf; indeed, the Senate
passed a vote to this effect, but were prevented by the two Consuls
from carrying it out. As to what he had best do he and his friends
were divided. Some recommended that he should remain where he was,
and defend himself by street-fighting should it be necessary. In
doing this he would acknowledge that law no longer prevailed in
Rome—a condition of things to which many had given in their
adherence, but with which Cicero would surely have been the last to
comply. He himself, in his despair, thought for a time that the old
Roman mode of escape would be preferable, and that he might with
decorum end his life and his troubles by suicide. Atticus and
others dissuaded him from this, and recommended him to fly. Among
these Cato and Hortensius have both been named. To this advice he
at last yielded, and it may be doubted whether any better could
have been given. Lawlessness, which had been rampant in Rome
before, had, under the <span class='pagenum'><a name="Page_320" id=
"Page_320">320</a></span>Triumvirate, become almost lawful. It
was Cæsar's intention to carry out his will with such
compliance with the forms of the Republic as might suit him, but in
utter disregard to all such forms when they did not suit him. The
banishment of Cicero was one of the last steps taken by Cæsar
before he left Rome for his campaigns in Gaul. He was already in
command of the legions, and was just without the city. He had
endeavored to buy Cicero, but had failed. Having failed, he had
determined to be rid of him. Clodius was but his tool, as were
Pompey and the two Consuls. Had Cicero endeavored to support
himself by violence in Rome, his contest would, in fact have been
with Cæsar.</p>
<p>Cicero, before he went, applied for protection personally to
Piso the Consul, and to Pompey. Gabinius, the other Consul, had
already declared his purpose to the Senate, but Piso was bound to
him by family ties. He himself relates to us in his oration, spoken
after his return, against this Piso, the manner of the meeting
between him and Rome's chief officer. Piso told him—so at
least Cicero declared in the Senate, and we have heard of no
contradiction—that Gabinius was so driven by debts as to be
unable to hold up his head without a rich province; that he
himself, Piso, could only hope to get a province by taking part
with Gabinius; that any application to the Consuls was useless, and
that every one must look after himself.<a name="FNanchor_278_278"
id="FNanchor_278_278"></a><a href="#Footnote_278_278" class=
"fnanchor">278</a> Concerning his appeal to Pompey two stories
have been given to us, neither of which appears to be true.
Plutarch says that when Cicero had travelled out from Rome to
Pompey's Alban villa, Pompey ran out of the back-door to avoid
meeting him. Plutarch cared more for a good story than for
accuracy, and is not worthy of much credit as to details unless
when corroborated. The other account is based on Cicero's assertion
that he did see Pompey on this occasion. Nine or ten years after
the meeting he refers to it in a letter to <span class='pagenum'><a
name="Page_321" id="Page_321">321</a></span>Atticus, which
leaves no doubt as to the fact. The story founded on that letter
declares that Cicero threw himself bodily at his old friend's feet,
and that Pompey did not lend a hand to raise him, but told him
simply that everything was in Cæsar's hands. This narrative
is, I think, due to a misinterpretation of Cicero's words, though
it is given by a close translation of them. He is describing Pompey
when Cæsar after his Gallic wars had crossed the Rubicon, and
the two late Triumvirates—the third having perished miserably
in the East—were in arms against each other. "Alter ardet
furore et scelere" he says.<a name="FNanchor_279_279" id=
"FNanchor_279_279"></a><a href="#Footnote_279_279" class=
"fnanchor">279</a> Cæsar is pressing on unscrupulous in his
passion. "Alter is qui nos sibi quondam ad pedes stratos ne
sublevabat quidem, qui se nihil contra hujus voluntatem aiebat
facere posse." "That other one," he continues—meaning Pompey,
and pursuing his picture of the present contrast—"who in days
gone by would not even lift me when I lay at his feet, and told me
that he could do nothing but as Cæsar wished it." This little
supposed detail of biography has been given, no doubt, from an
accurate reading of the words; but in it the spirit of the writer's
mind as he wrote it has surely been missed. The prostration of
which he spoke, from which Pompey would not raise him, the memory
of which was still so bitter to him, was not a prostration of the
body. I hold it to have been impossible that Cicero should have
assumed such an attitude before Pompey, or that he would so have
written to Atticus had he done so. It would have been neither Roman
nor Ciceronian, as displayed by Cicero to Pompey. He had gone to
his old ally and told him of his trouble, and had no doubt reminded
him of those promises of assistance which Pompey had so often made.
Then Pompey had refused to help him, and had assured him, with too
much truth, that Cæsar's will was everything. Again, we have
to remember that in judging of the meaning of words between two
such <span class='pagenum'><a name="Page_322" id="Page_322">
322</a></span>correspondents as Cicero and Atticus, we must read
between the lines, and interpret the words by creating for
ourselves something of the spirit in which they were written and in
which they were received. I cannot imagine that, in describing to
Atticus what had occurred at that interview nine years after it had
taken place, Cicero had intended it to be understood that he had
really grovelled in the dust.</p>
<p>Toward the end of March he started from Rome, intending to take
refuge among his friends in Sicily. On the same day Clodius brought
in a bill directed against Cicero by name and caused it to be
carried by the people, "Ut Marco Tullio aqua et igni interdictum
sit"—that it should be illegal to supply Cicero with fire and
water. The law when passed forbade any one to harbor the criminal
within four hundred miles of Rome, and declared the doing so to be
a capital offence. It is evident, from the action of those who
obeyed the law, and of those who did not, that legal results were
not feared so much as the ill-will of those who had driven Cicero
to his exile. They who refused him succor did do so not because to
give it him would be illegal, but lest Cæsar and Pompey would
be offended. It did not last long, and during the short period of
his exile he found perhaps more of friendship than of enmity; but
he directed his steps in accordance with the bearing of
party-spirit. We are told that he was afraid to go to Athens,
because at Athens lived that Autronius whom he had refused to
defend. Autronius had been convicted of conspiracy and banished,
and, having been a Catilinarian conspirator, had been in truth on
Cæsar's side. Nor were geographical facts sufficiently
established to tell Cicero what places were and what were not
without the forbidden circle. He sojourned first at Vibo, in the
extreme south of Italy, intending to pass from thence into Sicily.
It was there that he learned that a certain distance had been
prescribed; but it seems that he had already heard that the
Proconsular Governor of the island would not receive him, fearing
Cæsar. Then he came north from Vibo <span class='pagenum'><a
name="Page_323" id="Page_323">323</a></span>to Brundisium,
that being the port by which travellers generally went from Italy
to the East. He had determined to leave his family in Rome,
feeling, probably, that it would be easier for him to find a
temporary home for himself than for him and them together. And
there were money difficulties in which Atticus helped him.<a name=
"FNanchor_280_280" id="FNanchor_280_280"></a><a href=
"#Footnote_280_280" class="fnanchor">280</a> Atticus, always
wealthy, had now become a very rich man by the death of an uncle.
We do not know of what nature were the money arrangements made by
Cicero at the time, but there can be no doubt that the losses by
his exile were very great. There was a thorough disruption of his
property, for which the subsequent generosity of his country was
unable altogether to atone. But this sat lightly on Cicero's heart.
Pecuniary losses never weighed heavily with him.</p>
<p>As he journeyed back from Vibo to Brundisium friends were very
kind to him, in spite of the law. Toward the end of the speech
which he made five years afterward on behalf of his friend C.
Plancius he explains the debt of gratitude which he owed to his
client, whose kindness to him in his exile had been very great. He
commences his story of the goodness of Plancius by describing the
generosity of the towns on the road to Brundisium, and the
hospitality of his friend Flavius, who had received him at his
house in the neighborhood of that town, and had placed him safely
on board a ship when at last he resolved to cross over to
Dyrrachium. There were many schemes running in his head at this
time. At one period he had resolved to pass through Macedonia into
Asia, and to remain for a while at Cyzicum. This idea he expresses
in a letter to his wife written from Brundisium. Then he goes,
wailing no doubt, but in words which to me seem very natural as
<span class='pagenum'><a name="Page_324" id="Page_324">
324</a></span>coming from a husband in such a condition: "O me
perditum, O me afflictum;"<a name="FNanchor_281_281" id=
"FNanchor_281_281"></a><a href="#Footnote_281_281" class=
"fnanchor">281</a> exclamations which it is impossible to
translate, as they refer to his wife's separation from himself
rather than to his own personal sufferings. "How am I to ask you to
come to me?" he says; "you a woman, ill in health, worn out in body
and in spirit. I cannot ask you! Must I then live without you? It
must be so, I think. If there be any hope of my return, it is you
must look to it, you that must strengthen it; but if, as I fear,
the thing is done, then come to me. If I can have you I shall not
be altogether destroyed." No doubt these are wailings; but is a man
unmanly because he so wails to the wife of his bosom? Other humans
have written prettily about women: it was common for Romans to do
so. Catullus desires from Lesbia as many kisses as are the stars of
night or the sands of Libya. Horace swears that he would perish for
Chloe if Chloe might be left alive. "When I am dying," says
Tibullus to Delia, "may I be gazing at you; may my last grasp hold
your hand." Propertius tells Cynthia that she stands to him in lieu
of home and parents, and all the joys of life. "Whether he be sad
with his friends or happy, Cynthia does it all." The language in
each case is perfect; but what other Roman was there of whom we
have evidence that he spoke to his wife like this? Ovid in his
letters from his banishment says much of his love for his wife; but
there is no passion expressed in anything that Ovid wrote.</p>
<p>Clodius, as soon as the enactment against Cicero became law,
caused it be carried into effect with all its possible cruelties.
The criminal's property was confiscated. The house on the Palatine
Hill was destroyed, and the goods were put up to auction, with, as
we are told, a great lack of buyers. His choicest treasures were
carried away by the Consuls themselves. Piso, who had lived near
him in Rome, got for himself and for <span class='pagenum'><a name=
"Page_325" id="Page_325">325</a></span>his father-in-law the
rich booty from the town house. The country villas were also
destroyed, and Gabinius, who had a country house close by Cicero's
Tusculan retreat, took even the very shrubs out of the garden. He
tells the story of the greed and enmity of the Consuls in the
speech he made after his return, Pro Domo Sua,<a name=
"FNanchor_282_282" id="FNanchor_282_282"></a><a href=
"#Footnote_282_282" class="fnanchor">282</a> pleading for the
restitution of his household property. "My house on the Palatine
was burnt," he says, "not by any accident, but by arson. In the
mean time the Consuls were feasting, and were congratulating
themselves among the conspirators, when one boasted that he had
been Catiline's friend, the other that Cethegus had been his
cousin." By this he implies that the conspiracy which during his
Consulship had been so odious to Rome was now, in these days of the
Triumvirate, again in favor among Roman aristocrats.</p>
<p>He went across from Brundisium to Dyrrachium, and from thence to
Thessalonica, where he was treated with most loving-kindness by
Plancius, who was Quæstor in these parts, and who came down to
Dyrrachium to meet him, clad in mourning for the occasion. This was
the Plancius whom he afterward defended, and indeed he was bound to
do so. Plancius seems to have had but little dread of the law,
though he was a Roman officer employed in the very province to the
government of which the present Consul Piso had already been
appointed. Thessalonica was within four hundred miles, and yet
Cicero lived there with Plancius for some months.</p>
<p>The letters from Cicero during his exile are to me very
touching, though I have been told so often that in having written
them he lacked the fortitude of a Roman. Perhaps I am more capable
of appreciating natural humanity than Roman fortitude. We remember
the story of the Spartan boy who allowed the fox to bite him
beneath his frock without crying. I think we may imagine that he
refrained from tears in public, before some herd of school-fellows,
or a bench of masters, <span class='pagenum'><a name="Page_326" id=
"Page_326">326</a></span>or amid the sternness of parental
authority; but that he told his sister afterward how he had been
tortured, or his mother as he lay against her bosom, or perhaps his
chosen chum. Such reticences are made dignified by the occasion,
when something has to be won by controlling the expression to which
nature uncontrolled would give utterance, but are not in themselves
evidence either of sagacity or of courage. Roman fortitude was but
a suit of armor to be worn on state occasions. If we come across a
warrior with his crested helmet and his sword and his spear, we
see, no doubt, an impressive object. If we could find him in his
night-shirt, the same man would be there, but those who do not look
deeply into things would be apt to despise him because his grand
trappings were absent. Chance has given us Cicero in his
night-shirt. The linen is of such fine texture that we are
delighted with it, but we despise the man because he wore a
garment—such as we wear ourselves indeed, though when we wear
it nobody is then brought in to look at us.</p>
<p>There is one most touching letter written from Thessalonica to
his brother, by whom, after thoughts vacillating this way and that,
he was unwilling to be visited, thinking that a meeting would bring
more of pain than of service. "Mi frater, mi frater, mi frater!" he
begins. The words in English would hardly give all the pathos. "Did
you think that I did not write because I am angry, or that I did
not wish to see you? I angry with you! But I could not endure to be
seen by you. You would not have seen your brother; not him whom you
had left; not him whom you had known; not him whom, weeping as you
went away, you had dismissed, weeping himself as he strove to
follow you."<a name="FNanchor_283_283" id="FNanchor_283_283"></a><a
href="#Footnote_283_283" class="fnanchor">283</a> Then he heaps
blame on his own head, bitterly accusing himself because he had
brought his brother to such a pass of sorrow. In this letter he
throws great blame upon Hortensius, whom together with Pompey he
accuses of <span class='pagenum'><a name="Page_327" id=
"Page_327">327</a></span>betraying him. What truth there may
have been in this accusation as to Hortensius we have no means of
saying. He couples Pompey in the same charge, and as to Pompey's
treatment of him there can be no doubt. Pompey had been untrue to
his promises because of his bond with Cæsar. It is probable
that Hortensius had failed to put himself forward on Cicero's
behalf with that alacrity which the one advocate had expected from
the other. Cicero and Hortensius were friends afterward, but so
were Cicero and Pompey. Cicero was forgiving by nature, and also by
self-training. It did not suit his purposes to retain his enmities.
Had there been a possibility of reconciling Antony to the cause of
the "optimates" after the Philippics, he would have availed himself
of it.</p>
<p>Cicero at one time intended to go to Buthrotum in Epirus, where
Atticus possessed a house and property; but he changed his purpose.
He remained at Thessalonica till November, and then returned to
Dyrrachium, having all through his exile been kept alive by tidings
of steps taken for his recall. There seems very soon to have grown
up a feeling in Rome that the city had disgraced itself by
banishing such a man; and Cæsar had gone to his provinces. We
can well imagine that when he had once left Rome, with all his
purposes achieved, having so far quieted the tongue of the strong
speaker who might have disturbed them, he would take no further
steps to perpetuate the orator's banishment. Then Pompey and
Clodius soon quarrelled. Pompey, without Cæsar to direct him,
found the arrogance of the Patrician Tribune insupportable. We hear
of wheels within wheels, and stories within stories, in the drama
of Roman history as it was played at this time. Together with
Cicero, it had been necessary to Cæsar's projects that Cato
also should be got out of Rome; and this had been managed by means
of Clodius, who had a bill passed for the honorable employment of
Cato on state purposes in Cyprus. Cato had found himself obliged to
go. It was as though our Prime-minister had got parliamentary
authority for sending a noisy <span class='pagenum'><a name=
"Page_328" id="Page_328">328</a></span>member of the
Opposition to Asiatic Turkey for six months There was an attempt,
or an alleged attempt, of Clodius to have Pompey murdered; and
there was street-fighting, so that Pompey was besieged, or
pretended to be besieged, in his own house. "We might as well seek
to set a charivari to music as to write the history of this
political witches' revel," says Mommsen, speaking of the state of
Rome when Cæsar was gone, Cicero banished, and Pompey
supposed to be in the ascendant.<a name="FNanchor_284_284" id=
"FNanchor_284_284"></a><a href="#Footnote_284_284" class=
"fnanchor">284</a> There was, at any rate, quarrelling between
Clodius and Pompey, in the course of which Pompey was induced to
consent to Cicero's return. Then Clodius took upon himself, in
revenge, to turn against the Triumvirate altogether, and to
repudiate even Cæsar himself. But it was all a vain
hurly-burly, as to which Cæsar, when he heard the details in
Gaul, could only have felt how little was to be gained by
maintaining his alliance with Pompey. He had achieved his purpose,
which he could not have done without the assistance of Crassus,
whose wealth, and of Pompey, whose authority, stood highest in
Rome; and now, having had his legions voted to him, and his
provinces, and his prolonged term of years, he cared nothing for
either of them.</p>
<p>There is a little story which must be repeated, as against
Cicero, in reference to this period of his exile, because it has
been told in all records of his life. Were I to omit the little
story, it would seem as though I shunned the records which have
been repeated as opposed to his credit. He had written, some time
back, a squib in which he had been severe upon the elder Curio; so
it is supposed; but it matters little who was the object or what
the subject. This had got wind in Rome, as such matters do
sometimes, and he now feared that it would do him a mischief with
the Curios and the friends of the Curios. <span class='pagenum'><a
name="Page_329" id="Page_329">329</a></span>The authorship was
only matter of gossip. Could it not be denied? "As it is written,"
says Cicero, "in a style inferior to that which is usual to me, can
it not be shown not to have been mine?"<a name="FNanchor_285_285"
id="FNanchor_285_285"></a><a href="#Footnote_285_285" class=
"fnanchor">285</a> Had Cicero possessed all the Christian
virtues, as we hope that prelates and pastors possess them in this
happy land, he would not have been betrayed into, at any rate, the
expression of such a wish. As it is, the enemies of Cicero must
make the most of it. His friends, I think, will look upon it
leniently.</p>
<p>Continued efforts were made among Cicero's friends at Rome to
bring him back, with which he was not altogether contented. He
argues the matter repeatedly with Atticus, not always in the best
temper. His friends at Rome were, he thought, doing the matter
amiss: they would fail, and he would still have to finish his days
abroad. Atticus, in his way to Epirus, visits him at Dyrrachium,
and he is sure that Atticus would not have left Rome but that the
affair was hopeless. The reader of the correspondence is certainly
led to the belief that Atticus must have been the most patient of
friends; but he feels, at the same time, that Atticus would not
have been patient had not Cicero been affectionate and true. The
Consuls for the new year were Lentulus and Metellus Nepos. The
former was Cicero's declared friend, and the other had already
abandoned his enmity. Clodius was no longer Tribune, and Pompey had
been brought to yield. The Senate were all but unanimous. But there
was still life in Clodius and his party; and day dragged itself
after day, and month after month, while Cicero still lingered at
Dyrrachium, waiting till a bill should have been passed by the
people. Pompey, who was never whole-hearted in anything, had
declared that a bill voted by the people would be necessary. The
bill at last was voted, on the 14th of August, and Cicero, who knew
well what was being done at Rome, passed over from Dyrrachium to
Brundisium <span class='pagenum'><a name="Page_330" id=
"Page_330">330</a></span>on the same day, having been a year
and four months absent from Rome. During the year <span class=
"smcap">b.c.</span> 57, up to the time of his return, he wrote but
three letters that have come to us—two very short notes to
Atticus, in the first of which he declares that he will come over
on the authority of a decree of the Senate, without waiting for a
law. In the second he falls again into despair, declaring that
everything is over. In the third he asks Metellus for his aid,
telling the Consul that unless it be given soon the man for whom it
is asked will no longer be living to receive it. Metellus did give
the aid very cordially.</p>
<p>It has been remarked that Cicero did nothing for literature
during his banishment, either by writing essays or preparing
speeches; and it has been implied that the prostration of mind
arising from his misfortunes must have been indeed complete, when a
man whose general life was made marvellous by its fecundity had
been repressed into silence. It should, however, be borne in mind
that there could be no inducement for the writing of speeches when
there was no opportunity of delivering them. As to his essays,
including what we call his Philosophy and his Rhetoric, they who
are familiar with his works will remember how apt he was, in all
that he produced, to refer to the writings of others. He translates
and he quotes, and he makes constant use of the arguments and
illustrations of those who have gone before him. He was a man who
rarely worked without the use of a library. When I think how
impossible it would be for me to repeat this oft-told tale of
Cicero's life without a crowd of books within reach of my hand, I
can easily understand why Cicero was silent at Thessalonica and
Dyrrachium. It has been remarked also by a modern critic that we
find "in the letters from exile a carelessness and inaccuracy of
expression which contrasts strongly with the style of his happier
days." I will not for a moment put my judgment in such a matter in
opposition to that of Mr. Tyrrell—but I should myself have
been inclined rather to say <span class='pagenum'><a name=
"Page_331" id="Page_331">331</a></span>that the style of
Cicero's letters varies constantly, being very different when used
to Atticus, or to his brother, or to lighter friends such as Poetus
and Trebatius; and very different again when business of state was
in hand, as are his letters to Decimus Brutus, Cassius Brutus, and
Plancus. To be correct in familiar letters is not to charm. A
studied negligence is needed to make such work live to
posterity—a grace of loose expression which may indeed have
been made easy by use, but which is far from easy to the idle and
unpractised writer. His sorrow, perhaps, required a style of its
own. I have not felt my own untutored perception of the language to
be offended by unfitting slovenliness in the expression of his
grief.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_332" id="Page_332">
332-334</a></span></p>
<h4>APPENDICES TO VOLUME I.</h4>
<p><span class='pagenum'><a name="Page_335" id="Page_335">
335</a></span></p>
<h4><a name="APPENDIX_A" id="APPENDIX_A"></a>APPENDIX A.</h4>
<h5>(<i>See</i> ch. II., note [39])</h5>
<h5><i>THE BATTLE OF THE EAGLE AND THE SERPENT.</i></h5>
<p>Homer, Iliad, lib. xii, 200:</p>
<div class="poem">
<div class="stanza">
<span class="i0">Οἵ ῥ' ἔτι μερμήριζον ἐφεσταότες παρὰ τάφρωι.</span>
<span class="i0">Ὄρνις γάρ σφιν ἐπῆλθε περησέμεναι μεμαῶσιν,</span>
<span class="i0">Αἰετὸς ὑψιπέτης ἐπ' ἀριστερὰ λαὸν ἐέργων,</span>
<span class="i0">Φοινήεντα δράκοντα φέρων ὀνύχεσσι πέλωρον,</span>
<span class="i0">Ζωὸν ἔτ' ἀσπαίροντα· καὶ οὔπω λήθετο χάρμης.</span>
<span class="i0">Κόψε γὰρ αὐτὸν ἔχοντα κατὰ στῆθος παρὰ δειρήν,</span>
<span class="i0">Ἰδνωθεὶς ὀπίσο· ὁ δ' ἀπὸ ἔθεν ἦκε χαμαζε,</span>
<span class="i0">Ἀλγήσας ὀδύνῃσι, μέσῳ δ' ἐνὶ κάββαλ' ὁμίλῳ·</span>
<span class="i0">Αὐτὸς δὲ κλάγξας πέτετο πνοῇις ἀνέμοιο.</span></div>
</div>
<p>Pope's translation of the passage, book xii, 231:</p>
<div class="poem">
<div class="stanza"><span class="i0">"A signal omen stopp'd the
passing host,</span> <span class="i0">The martial fury in their
wonder lost.</span> <span class="i0">Jove's bird on sounding
pinions beat the skies;</span> <span class="i0">A bleeding serpent,
of enormous size,</span> <span class="i0">His talons trussed;
alive, and curling round,</span> <span class="i0">He stung the
bird, whose throat received the wound.</span> <span class="i0">Mad
with the smart, he drops the fatal prey,</span> <span class="i0">In
airy circles wings his painful way,</span> <span class="i0">Floats
on the winds, and rends the heav'ns with cries.</span> <span class=
"i0">Amid the host the fallen serpent lies.</span> <span class=
"i0">They, pale with terror, mark its spires unroll'd,</span> <span
class="i0">And Jove's portent with beating hearts
behold."</span></div>
</div>
<p>Lord Derby's Iliad, book xii, 236:</p>
<div class="poem">
<div class="stanza"><span class="i0">"For this I read the future,
if indeed</span> <span class="i0">To us, about to cross, this sign
from Heaven</span> <span class="i0">Was sent, to leftward of the
astonished crowd:</span> <span class="i0">A soaring eagle, bearing
in his claws</span> <span class="i0">A dragon huge of size, of
blood-red hue,</span> <span class="i0">Alive; yet dropped him ere
he reached his home,</span> <span class="i0">Nor to his nestlings
bore the intended prey."</span></div>
</div>
<p><span class='pagenum'><a name="Page_336" id="Page_336">
336</a></span>Cicero's telling of the story:</p>
<div class="poem">
<div class="stanza"><span class="i0">"Hic Jovis altisoni subito
pinnata satelles,</span> <span class="i0">Arboris e trunco
serpentis saucia morsu,</span> <span class="i0">Ipsa feris subigit
transfigens unguibus anguem</span> <span class="i0">Semianimum, et
varia graviter cervice micantem.</span> <span class="i0">Quem se
intorquentem lanians, rostroque cruentans,</span> <span class=
"i0">Jam satiata animum, jam duros ulta dolores,</span> <span
class="i0">Abjicit efflantem, et laceratum affligit in unda;</span>
<span class="i0">Seque obitu a solis nitidos convertit ad
ortus."</span></div>
</div>
<p>Voltaire's translation:</p>
<div class="poem">
<div class="stanza"><span class="i0">"Tel on voit cet oiseau qui
porte le tonnerre,</span> <span class="i0">Blessé par un
serpent élancé de la terre;</span> <span class=
"i0">Il s'envole, il entraîne au séjour
azuré</span> <span class="i0">L'ennemi tortueux dont il est
entouré.</span> <span class="i0">Le sang tombe des airs. Il
déchire, il dévore</span> <span class="i0">Le reptile
acharné qui le combat encore;</span> <span class="i0">Il le
perce, il le tient sous ses ongles vainqueurs;</span> <span class=
"i0">Par cent coups redoublés il venge ses douleurs.</span>
<span class="i0">Le monstre, en expirant, se débat, se
replie;</span> <span class="i0">Il exhale en poisons les restes de
sa vie;</span> <span class="i0">Et l'aigle, tout sanglant, fier et
victorieux,</span> <span class="i0">Le rejette en fureur, et plane
au haut des cieux."</span></div>
</div>
<p>Virgil's version, Æneid, lib. xi., 751:</p>
<div class="poem">
<div class="stanza"><span class="i0">"Utque volans alte raptum quum
fulva draconem</span> <span class="i0">Fert aquila, implicuitque
pedes, atque unguibus hæsit</span> <span class="i0">Saucius at
serpens sinuosa volumina versat,</span> <span class=
"i0">Arrectisque horret squamis, et sibilat ore,</span> <span
class="i0">Arduus insurgens. Illa haud minus urget obunco</span>
<span class="i0">Luctantem rostro; simul æthera verberat
alis."</span></div>
</div>
<p>Dryden's translation from Virgil's Æneid, book xi.:</p>
<div class="poem">
<div class="stanza"><span class="i0">"So stoops the yellow eagle
from on high,</span> <span class="i0">And bears a speckled serpent
through the sky;</span> <span class="i0">Fastening his crooked
talons on the prey,</span> <span class="i0">The prisoner hisses
through the liquid way;</span> <span class="i0">Resists the royal
hawk, and though opprest,</span> <span class="i0">She fights in
volumes, and erects her crest.</span> <span class="i0">Turn'd to
her foe, she stiffens every scale,</span> <span class="i0">And
shoots her forky tongue, and whisks her threatening tail.</span>
<span class="i0">Against the victor all defence is weak.</span>
<span class="i0">Th' imperial bird still plies her with his
beak:</span><span class='pagenum'><a name="Page_337" id="Page_337">337</a></span> <span class="i0">He tears her bowels,
and her breast he gores,</span> <span class="i0">Then claps his
pinions, and securely soars."</span></div>
</div>
<p>Pitt's translation, book xi.:</p>
<div class="poem">
<div class="stanza"><span class="i0">"As when th' imperial eagle
soars on high,</span> <span class="i0">And bears some speckled
serpent through the sky,</span> <span class="i0">While her sharp
talons gripe the bleeding prey,</span> <span class="i0">In many a
fold her curling volumes play,</span> <span class="i0">Her starting
brazen scales with horror rise,</span> <span class="i0">The
sanguine flames flash dreadful from her eyes</span> <span class=
"i0">She writhes, and hisses at her foe, in vain,</span> <span
class="i0">Who wins at ease the wide aerial plain,</span> <span
class="i0">With her strong hooky beak the captive plies,</span>
<span class="i0">And bears the struggling prey triumphant through
the skies."</span></div>
</div>
<p>Shelley's version of the battle, The Revolt of Islam, canto
i.:</p>
<div class="poem">
<div class="stanza"><span class="i0">"For in the air do I behold
indeed</span> <span class="i0">An eagle and a serpent wreathed in
fight,</span> <span class="i0">And now relaxing its impetuous
flight,</span> <span class="i0">Before the aerial rock on which I
stood</span> <span class="i0">The eagle, hovering, wheeled to left
and right,</span> <span class="i0">And hung with lingering wings
over the flood,</span> <span class="i00">And startled with its yells
the wide air's solitude</span><span class="i0"> </span>
<span class="i0">"A shaft of light upon its
wings descended,</span> <span class="i0">And every golden feather
gleamed therein—</span> <span class="i0">Feather and scale
inextricably blended</span> <span class="i0">The serpent's mailed
and many-colored skin</span> <span class="i0">Shone through the
plumes, its coils were twined within</span> <span class="i0">By
many a swollen and knotted fold, and high</span> <span class=
"i0">And far, the neck receding lithe and thin,</span> <span class=
"i0">Sustained a crested head, which warily</span> <span class=
"i00">Shifted and glanced before the eagle's steadfast
eye.</span><span class="i0"> </span>
<span class="i0">"Around,
around, in ceaseless circles wheeling,</span> <span class="i0">With
clang of wings and scream, the eagle sailed</span> <span class=
"i0">Incessantly—sometimes on high concealing</span> <span
class="i0">Its lessening orbs, sometimes, as if it failed,</span>
<span class="i0">Drooped through the air, and still it shrieked and
wailed,</span> <span class="i0">And casting back its eager head,
with beak</span> <span class="i0">And talon unremittingly
assailed</span> <span class="i0">The wreathed serpent, who did ever
seek</span> <span class="i00">Upon his enemy's heart a mortal wound
to wreak</span><span class="i0"> </span>
<span class='pagenum'><a name="Page_338" id="Page_338">338</a></span>
<span class="i0">"What life, what power was kindled, and arose</span> <span class=
"i0">Within the sphere of that appalling fray!</span> <span class=
"i0">For, from the encounter of those wond'rous foes,</span> <span
class="i0">A vapor like the sea's suspended spray</span> <span
class="i0">Hung gathered; in the void air, far away,</span> <span
class="i0">Floated the shattered plumes; bright scales did
leap,</span> <span class="i0">Where'er the eagle's talons made
their way,</span> <span class="i0">Like sparks into the darkness;
as they sweep,</span> <span class="i00">Blood stains the snowy foam
of the tumultuous deep.</span>
<span class="i0"> </span><span class="i0">"Swift chances
in that combat—many a check,</span> <span class="i0">And many
a change—a dark and wild turmoil;</span> <span class=
"i0">Sometimes the snake around his enemy's neck</span> <span
class="i0">Locked in stiff rings his adamantine coil,</span> <span
class="i0">Until the eagle, faint with pain and toil,</span> <span
class="i0">Remitted his strong flight, and near the sea</span>
<span class="i0">Languidly fluttered, hopeless so to foil</span>
<span class="i0">His adversary, who then reared on high</span>
<span class="i00">His red and burning crest, radiant with
victory.</span>
<span class="i0"> </span>
<span class="i0">"Then on the
white edge of the bursting surge,</span> <span class="i0">Where
they had sunk together, would the snake</span> <span class=
"i0">Relax his suffocating grasp, and scourge</span> <span class=
"i0">The wind with his wild writhings; for, to break</span> <span
class="i0">That chain of torment, the vast bird would shake</span>
<span class="i0">The strength of his unconquerable wings</span>
<span class="i0">As in despair, and with his sinewy neck</span>
<span class="i0">Dissolve in sudden shock those linked
rings,</span> <span class="i00">Then soar—as swift as smoke
from a volcano springs.</span><span class="i0"> </span><span class="i0">"Wile baffled
wile, and strength encountered strength,</span> <span class=
"i0">Thus long, but unprevailing—the event</span> <span
class="i0">Of that portentous fight appeared at length.</span>
<span class="i0">Until the lamp of day was almost spent</span>
<span class="i0">It had endured, when lifeless, stark, and
rent,</span> <span class="i0">Hung high that mighty serpent, and at
last</span> <span class="i0">Fell to the sea, while o'er the
continent,</span> <span class="i0">With clang of wings and scream,
the eagle past,</span> <span class="i00">Heavily borne away on the
exhausted blast."</span></div>
</div>
<p>I have repudiated the adverse criticism on Cicero's poetry which
has been attributed to Juvenal; but, having done so, am bound in
fairness to state that which is to be found elsewhere in any later
author of renown <span class='pagenum'><a name="Page_339" id=
"Page_339">339</a></span>as a classic. In the treatise De
Oratoribus, attributed to Tacitus, and generally published with his
works by him—a treatise commenced, probably, in the last year
of Vespasian's reign, and completed only in that of
Domitian—Cicero as a poet is spoken of with a severity of
censure which the writer presumes to have been his recognized
desert. "For Cæsar," he says, "and Brutus made verses, and
sent them to the public libraries; not better, indeed, than Cicero,
but with less of general misfortune, because only a few people knew
that they had done so." This must be taken for what it is worth.
The treatise, let it have been written by whom it might, is full of
wit, and is charming in language and feeling. It is a dialogue
after the manner of Cicero himself, and is the work of an author
well conversant with the subjects in hand. But it is, no doubt, the
case that those two unfortunate lines which have been quoted became
notorious in Rome when there was a party anxious to put down
Cicero.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_340" id="Page_340">
340</a></span></p>
<h3><a name="APPENDIX_B" id="APPENDIX_B"></a>APPENDIX B.</h3>
<h5>(<i>See</i> ch. IV., note [84])</h5>
<h4><i>FROM THE BRUTUS—CA. XCII., XCIII.</i></h4>
<p>"There were at that time two orators, Cotta and Hortensius, who
towered above all others, and incited me to rival them. The first
spoke with self-restraint and moderation, clearly and easily,
expressing his ideas in appropriate language. The other was
magnificent and fierce; not such as you remember him, Brutus, when
he was already failing, but full of life both in his words and
actions. I then resolved that Hortensius should, of the two, be my
model, because I felt myself like to him in his energy, and nearer
to him in his age. I observed that when they were in the same
causes, those for Canuleius and for our consular Dolabella, though
Cotta was the senior counsel, Hortensius took the lead. A large
gathering of men and the noise of the Forum require that a speaker
shall be quick, on fire, active, and loud. The year after my return
from Asia I undertook the charge of causes that were honorable, and
in that year I was seeking to be Quæstor, Cotta to be Consul, and
Hortensius to be Prætor. Then for a year I served as Quæstor in
Sicily. Cotta, after his Consulship, went as governor into Gaul,
and then Hortensius was, and was considered to be, first at the
bar. When I had been back from Sicily twelve months I began to find
that whatever there was within me had come to such perfection as it
might attain. I feel that I am speaking too much of myself, but it
is done, not that you may be made to own my ability or my
eloquence—which is far from my thoughts—but that you
may see how great was my toil and my industry. Then, when I had
been employed for nearly five years in many cases, and was
accounted a leading advocate, I specially concerned myself in
conducting the great cause on behalf of Sicily—the trial of
Verres—when I and Hortensius were Ædile and Consul
designate.</p>
<p>"But as this discussion of ours is intended to produce not a
mere catalogue of orators, but some true lessons of oratory, let us
see what there was in Hortensius that we must blame. When he was
out of his Consulship, seeing that among past Consuls there was no
one on a par with him, and thinking but little of those who were
below consular rank, he became idle in his work to which from
boyhood he had devoted himself, and chose to live in the midst of
his wealth, as he thought a happier life—certainly <span
class='pagenum'><a name="Page_341" id="Page_341">
341</a></span>an easier one. The first two or three years took off
something from him. As the gradual decay of a picture will be
observed by the true critic, though it be not seen by the world at
large, so was it with his decay. From day to day he became more and
more unlike his old self, failing in all branches of oratory, but
specially in the rapidity and continuity of his words. But for
myself I never rested, struggling always to increase whatever power
there was in me by practice of every kind, especially in writing.
Passing over many things in the year after I was Ædile, I will
come to that in which I was elected first Prætor, to the great
delight of the public generally; for I had gained the good-will of
men, partly by my attention to the causes which I undertook, but
specially by a certain new strain of eloquence, as excellent as it
was uncommon, with which I spoke." Cicero, when he wrote this of
himself, was an old man sixty-two years of age, broken hearted for
the loss of his daughter, to whom it was no doubt allowed among his
friends to praise himself with the garrulity of years, because it
was understood that he had been unequalled in the matter of which
he was speaking. It is easy for us to laugh at his boastings; but
the account which he gives of his early life, and of the manner in
which he attained the excellence for which he had been celebrated,
is of value.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_342" id="Page_342">
342</a></span></p>
<h3><a name="APPENDIX_C" id="APPENDIX_C"></a>APPENDIX C.</h3>
<h5>(<i>See</i> ch. VI., note [117])</h5>
<p>There was still prevailing in Rome at this time a strong feeling
that a growing taste for these ornamental luxuries was injurious to
the Republic, undermining its simplicity and weakening its
stability. We are well aware that its simplicity was a thing of the
past, and its stability gone The existence of a Verres is proof
that it was so; but still the feeling remained—and did remain
long after the time of Cicero—that these beautiful things
were a sign of decay. We know how conquering Rome caught the taste
for them from conquered Greece. "Græcia capta ferum victorem
cepit, et artes intulit agresti Latio." <a name="FNanchor_1_285"
id="FNanchor_1_285"></a><a href="#Footnote_1_285" class=
"fnanchor">286</a> Cicero submitted himself to this new captivity
readily, but with apologies, as shown in his pretended abnegation
of all knowledge of art. Two years afterward, in a letter to
Atticus, giving him instructions as to the purchase of statues, he
declares that he is altogether carried away by his longing for such
things, but not without a feeling of shame. "Nam in eo genere sic
studio efferimur ut abs te adjuvandi, ab aliis propre reprehendi
simus"<a name="FNanchor_2_286" id="FNanchor_2_286"></a><a href=
"#Footnote_2_286" class="fnanchor">287</a>—"Though you will
help me, others I know will blame me." The same feeling is
expressed beautifully, but no doubt falsely, by Horace when he
declares, as Cicero had done, his own indifference to such
delicacies:</p>
<div class="poem">
<div class="stanza"><span class="i0">"Gems, marbles, ivory, Tuscan
statuettes,</span> <span class="i0">Pictures, gold plate, Gætulian
coverlets,</span> <span class="i0">There are who have not. One
there is, I trow,</span> <span class="i0">Who cares not greatly if
he has or no."<a name="FNanchor_3_287" id="FNanchor_3_287"></a><a
href="#Footnote_3_287" class="fnanchor">288</a></span></div>
</div>
<p>Many years afterward, in the time of Tiberius, Velleius
Paterculus says the same when he is telling how ignorant Mummius
was of sculpture, who, when he had taken Corinth, threatened those
who had to carry away the statues from their places, that if they
broke any they should be made to replace them. "You will not doubt,
however," the historian says, "that it would have been better for
the Republic to remain ignorant of these Corinthian gems than to
understand them as well as it does now. <span class='pagenum'><a
name="Page_343" id="Page_343">343</a></span>That rudeness
befitted the public honor better than our present taste."<a name=
"FNanchor_4_288" id="FNanchor_4_288"></a><a href="#Footnote_4_288"
class="fnanchor">289</a> Cicero understood well enough, with one
side of his intelligence, that as the longing for these things grew
in the minds of rich men, as the leading Romans of the day became
devoted to luxury rather than to work, the ground on which the
Republic stood must be sapped. A Marcellus or a Scipio had taken
glory in ornamenting the city. A Verres or even an
Hortensius—even a Cicero—was desirous of beautiful
things for his own house. But still, with the other side of his
intelligence, he saw that a perfect citizen might appreciate art,
and yet do his duty, might appreciate art, and yet save his
country. What he did not see was, that the temptations of luxury,
though compatible with virtue, are antagonistic to it. The camel
may be made to go through the eye of the needle—but it is
difficult.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_344" id="Page_344">
344</a></span></p>
<h3><a name="APPENDIX_D" id="APPENDIX_D"></a>APPENDIX D.</h3>
<h5>(<i>See</i> ch. VII., note [144])</h5>
<h4><i>PRO LEGE MANILIA—CA. X., XVI.</i></h4>
<table width="100%" summary="poetry" cellpadding="10" border="0">
<tr>
<td class="left_50">"Utinam, Quirites, virorum fortium, atque
innocentium copiam tantam haberetis, ut hæc vobis deliberatio
difficilis esset, quemnam potissimum tantis rebus ac tanto bello
præficiendum putaretis! Nunc vero cum sit unus Cn. Pompeius, qui
non modo eorum hominum, qui nunc sunt, gloriam, sed etiam
antiquitatis memoriam virtute superarit; quæ res est, quæ
cujusquam animum in hac causa dubium facere posset? Ego enim sic
existimo, in summo imperatore quatuor has res inesse oportere,
scientiam rei militaris, virtutem, auctoritatem, felicitatem. Quis
igitur hoc homine scientior umquam aut fuit, aut esse debuit? qui e
ludo, atque pueritiæ disciplina, bello maximo atque acerrimis
hostibus, ad patris exercitum atque in militiæ disciplinam
profectus est? qui extrema pueritia miles fuit summi imperatoris?
ineunte adolescentia maximi ipse exercitus imperator? qui sæpius
cum hoste conflixit, quam quisquam cum inimico concertavit? plura
bella gessit, quam cæteri legerunt? plures provincias confecit,
quam alii concupiverunt? cujus adolescentia ad scientiam rei
militaris non alienis præceptis, sed suis imperiis; non <span
class='pagenum'><a name="Page_345" id="Page_345">
345</a></span>offensionibus belli, sed victoriis; non stipendiis,
sed triumphis est erudita? Quod denique genus belli esse potest, in
quo illum non exercuerit fortuna reipublicæ? Civile; Africanum;
Transalpinum; Hispaniense; mistum ex civitatibus atque ex
bellicosissimis nationibus servile; navale bellum, varia et diversa
genera, et bellorum et hostium, non solum gesta ab hoc uno, sed
etiam confecta, nullam rem esse declarant, in usu militari positam,
quæ hojus viri scientiam fugere posset.</td>
<td class="left_50">"I could wish, Quirites, that there was open to
you so large a choice of men capable at the same time, and honest,
that you might find a difficulty in deciding who might best be
selected for command in a war so momentous as this. But now when
Pompey alone has surpassed in achievements not only those who live,
but all of whom we have read in history, what is there to make any
one hesitate in the matter? In my opinion there are four qualities
to be desired in a general—military knowledge, valor,
authority, and fortune. But whoever was or was ever wanted to be
more skilled than this man, who, taken fresh from school and from
the lessons of his boyhood, was subjected to the discipline of his
father's army during one of our severest wars, when our enemies
were strong against us? In his earliest youth he served under our
greatest general. As years went on he was himself in command over a
large army. He has been more frequent in fighting than others in
quarrelling. Few have read of so many battles as he has fought. He
has conquered more provinces than others have desired to pillage.
He learned the art of war not from written precepts, but by his own
practice; not from reverses, but from victories. He does not count
his campaigns, but the triumphs which he has won. What nature of
warfare is there in which the Republic has not used his services?
Think of our Civil war<a name="FNanchor_1_289" id=
"FNanchor_1_289"></a><a href="#Footnote_1_289" class=
"fnanchor">290</a>—of our African war<a name="FNanchor_2_290"
id="FNanchor_2_290"></a><a href="#Footnote_2_290" class=
"fnanchor">291</a>—of our war on the other side of the Alps<a
name="FNanchor_3_291" id="FNanchor_3_291"></a><a href=
"#Footnote_3_291" class="fnanchor">292</a>—of our Spanish
wars<a name="FNanchor_4_292" id="FNanchor_4_292"></a><a href=
"#Footnote_4_292" class="fnanchor">293</a>—of our Servile
war<a name="FNanchor_5_293" id="FNanchor_5_293"></a><a href=
"#Footnote_5_293" class="fnanchor">294</a>—which was carried
on by the energies of so many mighty people—and this Maritime
war.<a name="FNanchor_6_294" id="FNanchor_6_294"></a><a href=
"#Footnote_6_294" class="fnanchor">295</a> How many enemies had we,
how various were our contests! They were all not only carried
through by this one man, but brought to an end so gloriously as to
show that there is nothing in the practice of warfare which has
escaped his knowledge.</td>
</tr>
<tr>
<td class="left_50">"Quare cum et bellum ita necessarium sit, ut
negligi non possit; ita magnum, ut accuratissime sit
administrandum; et cum ei imperatorem præficere possitis, in quo
sit eximia belli scientia, singularis virtus, clarissima
auctoritas, egregia fortuna; dubitabitis, Quirites, quin hoc tantum
boni, quod vobis a diis immortalibus oblatum et datum est, in
rempublicam conservandam atque amplificandam conferatis?"</td>
<td class="left_50">"Seeing, therefore, that this war cannot be
neglected; that its importance demands the utmost care in its
administration; that it requires a general in whom should be found
sure military science, manifest valor, conspicuous authority, and
pre-eminent good fortune—do you doubt, Quirites, but that you
should use the great blessing which the gods have given you for the
preservation and glory of the Republic?"</td>
</tr>
</table>
<hr style='width: 45%;' />
<p>On reading, however, the piece over again, I almost doubt
whether there be any passages in it which should be selected as
superior to others.</p>
<hr style="width: 65%;" />
<p><span class='pagenum'><a name="Page_346" id="Page_346">
346</a></span></p>
<h3><a name="APPENDIX_E" id="APPENDIX_E"></a>APPENDIX E.</h3>
<h5>(<i>See</i> ch. XI., note [235])</h5>
<h4><i>LUCAN, LIBER I.</i></h4>
<table width="100%" summary="poetry" cellpadding="5" border="0">
<tr>
<td class="left_50">
<div class="poem2">
<div class="stanza"><span class="i0">"<span class="smcap">O
male</span> concordes, nimiaque cupidine cæci,</span> <span
class="i0">Quid miscere juvat vires orbemque tenere</span> <span
class="i0">In medio."</span></div>
</div>
</td>
<td class="left_50">"O men so ill-fitted to agree, O men blind with
greed, of what service can it be that you should join your powers,
and possess the world between you?"</td>
</tr>
<tr>
<td class="left_50">
<div class="poem2">
<div class="stanza"><span class="i0">"Temporis angusti mansit
concordia discors,</span> <span class="i0">Paxque fuit non sponte
ducum. Nam sola futuri</span> <span class="i0">Crassus erat belli
medius mora. Qualiter undas</span> <span class="i0">Qui secat, et
geminum gracilis mare separat isthmos,</span> <span class="i0">Nec
patitur conferre fretum; si terra recedat,</span> <span class=
"i0">Ionium Ægæo frangat mare. Sic, ubi sæva</span> <span class=
"i0">Arma ducum dirimens, miserando funere Crassus</span> <span
class="i0">Assyrias latio maculavit sanguine Carras."</span></div>
</div>
</td>
<td class="left_50">"For a short time the ill-sorted compact
lasted, and there was a peace which each of them abhorred. Crassus
alone stood between the others, hindering for a while the coming
war—as an isthmus separates two waters and forbids sea to
meet sea. If the morsel of land gives way, the Ionian waves and the
Ægean dash themselves in foam against each other. So was it with
the arms of the two chiefs when Crassus fell, and drenched the
Assyrian Carræ with Roman blood."</td>
</tr>
<tr>
<td class="left_50">
<div class="poem2">
<div class="stanza"><span class="i0">"Dividitur ferro regnum;
populique potentis,</span> <span class="i0">Quæ mare, quæ terras,
quæ totum possidet orbem,</span> <span class="i0">Non cepit
fortuna duos."</span></div>
</div>
</td>
<td class="left_50">"Then the possession of the Empire was put to
the arbitration of the sword. The fortunes of a people which
possessed sea and earth and the whole world, were not sufficient
for two men."</td>
</tr>
<tr>
<td class="left_50">
<div class="poem2">
<div class="stanza"><span class="i0">"Tu nova ne veteres obscurent
acta triumphos,</span> <span class="i0">Et victis cedat piratica
laurea Gallis,</span> <span class="i0">Magne, times; te jam series,
ususque laborum</span> <span class='pagenum'><a name="Page_347" id=
"Page_347">347</a></span> <span class="i0">Erigit,
impatiensque loci fortuna secundi.</span> <span class="i0">Nec
quemquam jam ferre potest Cæsarve priorem,</span>
<span class="i0">Pompeiusve parem. Quis justius induit arma,</span>
<span class="i0">Scire nefas; magno se judice quisque
tuetur,</span> <span class="i0">Victrix causa deis placuit sed
victa, Catoni.<a name="FNanchor_1_295" id="FNanchor_1_295"></a><a
href="#Footnote_1_295" class="fnanchor">296</a></span></div>
</div>
</td>
<td class="left_50">"You, Magnus, you, Pompeius, fear lest newer
deeds than yours should make dull your old triumphs, and the
scattering of the pirates should be as nothing to the conquering of
Gaul. The practice of many wars has so exalted you, O Cæsar,
that you cannot put up with a second place. Cæsar will endure
no superior; but Pompey will have no equal. Whose cause was the
better the poet dares not inquire! Each will have his own advocate
in history. On the side of the conqueror the gods ranged
themselves. Cato has chosen to follow the conquered.</td>
</tr>
<tr>
<td class="left_50">
<div class="poem2">
<div class="stanza"><span class="i0">Nec coiere pares; alter
vergentibus annis</span> <span class="i0">In senium, longoque togæ
tranquillior usu</span> <span class="i0">Dedidicit jam pace ducem;
famæque petitor</span> <span class="i0">Multa dare in vulgas; totus
popularibus auris</span> <span class="i0">Impelli, plausuque sui
gaudere theatri;</span> <span class="i0">Nec reparare novas vires,
multumque priori</span> <span class="i0">Credere fortunæ. Stat
magni nominis umbra."</span></div>
</div>
</td>
<td class="left_50">"But surely the men were not equal. The one in
declining years, who had already changed his arms for the garb of
peace, had unlearned the general in the statesman—had become
wont to talk to the people, to devote himself to harangues, and to
love the applause of his own theatre. He has not cared to renew his
strength, trusting to his old fortune. There remains of him but the
shadow of his great name."</td>
</tr>
<tr>
<td class="left_50">
<div class="poem2">
<div class="stanza"><span class="i4">"Sed non in Cæsare
tantum</span> <span class="i0">Nomen erat, nec fama ducis; sed
nescia virtus</span> <span class="i0">Stare loco; solusque pudor
non vincere bello.</span> <span class="i0">Acer et indomitus; quo
spes, quoque ira vocasset,</span> <span class="i0">Ferre manum, et
nunquam te merando parcere ferro;</span> <span class="i0">Successus
urgere suos; instare favori</span> <span class="i0">
Numinis."—Lucan, lib. i.</span></div>
</div>
</td>
<td class="left_50">"The name of Cæsar does not loom so
large; nor is his character as a general so high. But there is a
spirit which can content itself with no achievements; there is but
one feeling of shame—that of not conquering; a man
determined, not to be controlled, taking his arms wherever lust of
conquest or anger may call him; a man never sparing the sword,
creating all things from his own good-fortune trusting always the
favors of the gods."</td>
</tr>
</table>
<h4>NOTES:</h4>
<div class="footnote">
<p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href=
"#FNanchor_1_1"><span class="label">1</span></a> Froude's
Cæsar, p.444.</p>
</div>
<div class="footnote">
<p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href=
"#FNanchor_2_2"><span class="label">2</span></a> Ibid.,
p.428.</p>
</div>
<div class="footnote">
<p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href=
"#FNanchor_3_3"><span class="label">3</span></a> Ad Att.,
lib. xiii., 28.</p>
</div>
<div class="footnote">
<p><a name="Footnote_4_4" id="Footnote_4_4"></a><a href=
"#FNanchor_4_4"><span class="label">4</span></a> Ad Att.,
lib. ix., 10.</p>
</div>
<div class="footnote">
<p><a name="Footnote_5_5" id="Footnote_5_5"></a><a href=
"#FNanchor_5_5"><span class="label">5</span></a> Froude,
p.365.</p>
</div>
<div class="footnote">
<p><a name="Footnote_6_6" id="Footnote_6_6"></a><a href=
"#FNanchor_6_6"><span class="label">6</span></a> Ad Att.,
lib. ii., 5: "Quo quidem uno ego ab istis capi possum."</p>
</div>
<div class="footnote">
<p><a name="Footnote_7_7" id="Footnote_7_7"></a><a href=
"#FNanchor_7_7"><span class="label">7</span></a> The Cincian law,
of which I shall have to speak again, forbade Roman advocates to
take any payment for their services. Cicero expressly declares that
he has always obeyed that law. He accused others of disobeying it,
as, for instance, Hortensius. But no contemporary has accused him.
Mr. Collins refers to some books which had been given to Cicero by
his friend Pœtus. They are mentioned in a letter to Atticus, lib.
i., 20; and Cicero, joking, says that he has consulted
Cincius—perhaps some descendant of him who made the law 145
years before—as to the legality of accepting the present. But
we have no reason for supposing that he had ever acted as an
advocate for Pœtus.</p>
</div>
<div class="footnote">
<p><a name="Footnote_8_8" id="Footnote_8_8"></a><a href=
"#FNanchor_8_8"><span class="label">8</span></a> Virgil, Æneid,
i., 150:</p>
<div class="poem">
<div class="stanza"><span class="i05">"Ac, veluti magno in populo
quum sæpe coorta est</span> <span class="i0">Seditio, sævitque
animis ignobile vulgus;</span> <span class="i0">Jamque faces, et
saxa volant; furor arma ministrat:</span> <span class="i0">Tum,
pietate gravem ac meritis si forte virum quem</span> <span class=
"i0">Conspexere, silent, arrectisque auribus adstant;</span> <span
class="i0">Iste regit dictis animos, et pectora
mulcet."</span></div>
</div>
</div>
<div class="footnote">
<p><a name="Footnote_9_9" id="Footnote_9_9"></a><a href=
"#FNanchor_9_9"><span class="label">9</span></a> The author is
saying that a history from Cicero would have been invaluable, and
the words are "interitu ejus utrum respublica an historia magis
doleat."</p>
</div>
<div class="footnote">
<p><a name="Footnote_10_10" id="Footnote_10_10"></a><a href=
"#FNanchor_10_10"><span class="label">10</span></a> Quintilian
tells us this, lib. ii., c. 5. The passage of Livy is not extant.
The commentators suppose it to have been taken from a letter to his
son.</p>
</div>
<div class="footnote">
<p><a name="Footnote_11_11" id="Footnote_11_11"></a><a href=
"#FNanchor_11_11"><span class="label">11</span></a> Velleius
Paterculus, lib. ii., c. 34.</p>
</div>
<div class="footnote">
<p><a name="Footnote_12_12" id="Footnote_12_12"></a><a href=
"#FNanchor_12_12"><span class="label">12</span></a> Valerius
Maximus, lib. iv., c. 2; 4.</p>
</div>
<div class="footnote">
<p><a name="Footnote_13_13" id="Footnote_13_13"></a><a href=
"#FNanchor_13_13"><span class="label">13</span></a> Pliny, Hist.
Nat., lib. vii., xxxi., 30.</p>
</div>
<div class="footnote">
<p><a name="Footnote_14_14" id="Footnote_14_14"></a><a href=
"#FNanchor_14_14"><span class="label">14</span></a> Martial, lib.
xiv., 188.</p>
</div>
<div class="footnote">
<p><a name="Footnote_15_15" id="Footnote_15_15"></a><a href=
"#FNanchor_15_15"><span class="label">15</span></a> Lucan,
lib. vii., 62:</p>
<div class="poem">
<div class="stanza"><span class="i05">"Cunctorum voces Romani
maximus auctor</span> <span class="i0">Tullius eloquii, cujus sub
jure togaque</span> <span class="i0">Pacificas sævus tremuit
Catilina secures,</span> <span class="i0">Pertulit iratus bellis,
cum rostra forumque</span> <span class="i0">Optaret passus tam
longa silentia miles</span> <span class="i0">Addidit invalidæ
robur facundia causæ."</span></div>
</div>
</div>
<div class="footnote">
<p><a name="Footnote_16_16" id="Footnote_16_16"></a><a href=
"#FNanchor_16_16"><span class="label">16</span></a> Tacitus, De
Oratoribus, xxx.</p>
</div>
<div class="footnote">
<p><a name="Footnote_17_17" id="Footnote_17_17"></a><a href=
"#FNanchor_17_17"><span class="label">17</span></a> Juvenal,
viii., 243.</p>
</div>
<div class="footnote">
<p><a name="Footnote_18_18" id="Footnote_18_18"></a><a href=
"#FNanchor_18_18"><span class="label">18</span></a> Demosthenes
and Cicero compared.</p>
</div>
<div class="footnote">
<p><a name="Footnote_19_19" id="Footnote_19_19"></a><a href=
"#FNanchor_19_19"><span class="label">19</span></a> Quintilian,
xii., 1.</p>
</div>
<div class="footnote">
<p><a name="Footnote_20_20" id="Footnote_20_20"></a><a href=
"#FNanchor_20_20"><span class="label">20</span></a> "Repudiatus
vigintiviratus." He refused a position of official value rendered
vacant by the death of one Cosconius. See Letters to Atticus,
2,19.</p>
</div>
<div class="footnote">
<p><a name="Footnote_21_21" id="Footnote_21_21"></a><a href=
"#FNanchor_21_21"><span class="label">21</span></a> Florus,
lib. iv., 1. In a letter from Essex to Foulke Greville, the writing
of which has been attributed to Bacon by Mr. Spedding, Florus is
said simply to have epitomized Livy (Life, vol. ii., p.23). In this
I think that Bacon has shorn him of his honors.</p>
</div>
<div class="footnote">
<p><a name="Footnote_22_22" id="Footnote_22_22"></a><a href=
"#FNanchor_22_22"><span class="label">22</span></a> Florus,
lib. iv., 1.</p>
</div>
<div class="footnote">
<p><a name="Footnote_23_23" id="Footnote_23_23"></a><a href=
"#FNanchor_23_23"><span class="label">23</span></a> Sallust,
Catilinaria, xxiii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_24_24" id="Footnote_24_24"></a><a href=
"#FNanchor_24_24"><span class="label">24</span></a> I will add
the concluding passage from the pseudo declamation, in order that
the reader may see the nature of the words which were put into
Sallust's mouth: "Quos tyrannos appellabas, eorum nunc potentiæ
faves; qui tibi ante optumates videbantur, eosdem nunc dementes ac
furiosos vocas; Vatinii caussam agis, de Sextio male existumas;
Bibulum petulantissumis verbis lædis, laudas Cæsarem; quem
maxume odisti, ei maxume obsequeris. Aliud stans, aliud sedens, de
republica sentis; his maledicis, illos odisti; levissume transfuga,
neque in hac, neque illa parte fidem habes." Hence Dio Cassius
declared that Cicero had been called a turncoat. καὶ αὐτόμαλος ὠνομάζετο.</p>
</div>
<div class="footnote">
<p><a name="Footnote_25_25" id="Footnote_25_25"></a><a href=
"#FNanchor_25_25"><span class="label">25</span></a> Dio Cassius,
lib. xlvi., 18: πρὸς ἣν καὶ αὐτὴν τοιαύτας ἐπίστολας
γραφεὶς οἵας ἂν γράψειεν ἀνὴρ σκωπτόλης ἀθυρόγλωρρος ... καὶ
προσέτι καὶ τὸ στόμα αὐτοῦ διαβάλλειν ἐπεχείρησε τοσαύτη
ἀσελγεία καὶ ἀκαθαρσία παρὰ πάντα τὸν βιὸν χρώμενος ὥστε μηδὲ
τῶν συγγενεστάτων ἀπέχεσθαι, ἀλλὰ τήν τε γυναῖκα προαγωγεύειν
καὶ τὴν θυγατέρα μοιχεύειν.</p>
</div>
<div class="footnote">
<p><a name="Footnote_26_26" id="Footnote_26_26"></a><a href=
"#FNanchor_26_26"><span class="label">26</span></a> As it
happens, De Quincey specially calls Cicero a man of conscience.
"Cicero is one of the very few pagan statesmen who can be described
as a thoroughly conscientious man," he says. The purport of his
illogical essay on Cicero is no doubt thoroughly hostile to the
man. It is chiefly worth reading on account of the amusing
virulence with which Middleton, the biographer, is attacked.</p>
</div>
<div class="footnote">
<p><a name="Footnote_27_27" id="Footnote_27_27"></a><a href=
"#FNanchor_27_27"><span class="label">27</span></a> Quintilian,
lib. ii., c. 5.</p>
</div>
<div class="footnote">
<p><a name="Footnote_28_28" id="Footnote_28_28"></a><a href=
"#FNanchor_28_28"><span class="label">28</span></a> De Finibus,
lib. v., ca. xxii.: "Nemo est igitur, qui non hanc affectionem animi
probet atque laudet."</p>
</div>
<div class="footnote">
<p><a name="Footnote_29_29" id="Footnote_29_29"></a><a href=
"#FNanchor_29_29"><span class="label">29</span></a> De Rep.,
lib. vi., ca. vii.: "Nihil est enim illi principi deo, qui omnem hunc
mundum regit, quod quidem in terris fiat acceptius." Tusc. Quest.,
lib. i., ca. xxx.: "Vetat enim dominans ille in nobis deus."</p>
</div>
<div class="footnote">
<p><a name="Footnote_30_30" id="Footnote_30_30"></a><a href=
"#FNanchor_30_30"><span class="label">30</span></a> De Rep.,
lib. vi., ca. vii.: "Certum esse in cœlo definitum locum, ubi beati
ævo sempiterno fruantur."</p>
</div>
<div class="footnote">
<p><a name="Footnote_31_31" id="Footnote_31_31"></a><a href=
"#FNanchor_31_31"><span class="label">31</span></a> Hor., lib. i.,
Ode xxii.,</p>
<div class="poem">
<div class="stanza"><span class="i05">"Non rura qua; Liris
quieta</span> <span class="i0">Mordet aqua taciturnus
amnis."</span></div>
</div>
</div>
<div class="footnote">
<p><a name="Footnote_32_32" id="Footnote_32_32"></a><a href=
"#FNanchor_32_32"><span class="label">32</span></a> Such was the
presumed condition of things at Rome. By the passing of a special
law a plebeian might, and occasionally did, become patrician. The
patricians had so nearly died out in the time of Julius Cæsar
that he introduced fifty new families by the Lex Cassia.</p>
</div>
<div class="footnote">
<p><a name="Footnote_33_33" id="Footnote_33_33"></a><a href=
"#FNanchor_33_33"><span class="label">33</span></a> De Orat.,
lib. ii., ca. 1.</p>
</div>
<div class="footnote">
<p><a name="Footnote_34_34" id="Footnote_34_34"></a><a href=
"#FNanchor_34_34"><span class="label">34</span></a> Brutus,
ca. lxxxix.</p>
</div>
<div class="footnote">
<p><a name="Footnote_35_35" id="Footnote_35_35"></a><a href=
"#FNanchor_35_35"><span class="label">35</span></a> It should be
remembered that in Latin literature it was the recognized practice
of authors to borrow wholesale from the Greek, and that no charge
of plagiarism attended such borrowing. Virgil, in taking thoughts
and language from Homer, was simply supposed to have shown his
judgment in accommodating Greek delights to Roman ears and Roman
intellects.</p>
<p>The idea as to literary larceny is of later date, and has grown
up with personal claims for originality and with copyright.
Shakspeare did not acknowledge whence he took his plots, because it
was unnecessary. Now, if a writer borrow a tale from the French, it
is held that he ought at least to owe the obligation, or perhaps
even pay for it.</p>
</div>
<div class="footnote">
<p><a name="Footnote_36_36" id="Footnote_36_36"></a><a href=
"#FNanchor_36_36"><span class="label">36</span></a> Juvenal,
Sat. x., 122,</p>
<div class="poem">
<div class="stanza"><span class="i05">"O fortunatam natam me Consule
Romam!</span> <span class="i0">Antoni gladios potuit contemnere, si
sic</span> <span class="i0">Omnia dixisset."</span></div>
</div>
</div>
<div class="footnote">
<p><a name="Footnote_37_37" id="Footnote_37_37"></a><a href=
"#FNanchor_37_37"><span class="label">37</span></a> De Leg.,
lib. i., ca. 1.</p>
</div>
<div class="footnote">
<p><a name="Footnote_38_38" id="Footnote_38_38"></a><a href=
"#FNanchor_38_38"><span class="label">38</span></a> Life and
Times of Henry Lord Brougham, written by himself, vol. i., p.
58.</p>
</div>
<div class="footnote">
<p><a name="Footnote_39_39" id="Footnote_39_39"></a><a href=
"#FNanchor_39_39"><span class="label">39</span></a> I give the
nine versions to which I allude in an Appendix A, at the end of
this volume, so that those curious in such matters may compare the
words in which the same picture has been drawn by various
hands.</p>
</div>
<div class="footnote">
<p><a name="Footnote_40_40" id="Footnote_40_40"></a><a href=
"#FNanchor_40_40"><span class="label">40</span></a> Pro Archia,
ca. vii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_41_41" id="Footnote_41_41"></a><a href=
"#FNanchor_41_41"><span class="label">41</span></a> Brutus,
ca. xc.</p>
</div>
<div class="footnote">
<p><a name="Footnote_42_42" id="Footnote_42_42"></a><a href=
"#FNanchor_42_42"><span class="label">42</span></a> Tacitus, De
Oratoribus, xxx.</p>
</div>
<div class="footnote">
<p><a name="Footnote_43_43" id="Footnote_43_43"></a><a href=
"#FNanchor_43_43"><span class="label">43</span></a> Quintilian,
lib. xii., c. vi., who wrote about the same time as this essayist,
tells us of these three instances of early oratory, not, however,
specifying the exact age in either case. He also reminds us that
Demosthenes pleaded when he was a boy, and that Augustus at the age
of twelve made a public harangue in honor of his grandmother.</p>
</div>
<div class="footnote">
<p><a name="Footnote_44_44" id="Footnote_44_44"></a><a href=
"#FNanchor_44_44"><span class="label">44</span></a> Brutus,
ca. xc.</p>
</div>
<div class="footnote">
<p><a name="Footnote_45_45" id="Footnote_45_45"></a><a href=
"#FNanchor_45_45"><span class="label">45</span></a> Brutus,
xci.</p>
</div>
<div class="footnote">
<p><a name="Footnote_46_46" id="Footnote_46_46"></a><a href=
"#FNanchor_46_46"><span class="label">46</span></a> Quintilian,
lib. xii., vi.: "Quum jam clarum meruisset inter patronos, qui tum
erant, nomen, in Asiam navigavit, seque et aliis sine dubio
eloquentiæ ac sapientiæ magistris, sed præcipue tamen Apollonio
Moloni, quem Romæ quoque audierat, Rhodi rursus formandum ac velut
recognendum dedit."</p>
</div>
<div class="footnote">
<p><a name="Footnote_47_47" id="Footnote_47_47"></a><a href=
"#FNanchor_47_47"><span class="label">47</span></a> Brutus,
xci.</p>
</div>
<div class="footnote">
<p><a name="Footnote_48_48" id="Footnote_48_48"></a><a href=
"#FNanchor_48_48"><span class="label">48</span></a> The total
correspondence contains 817 letters, of which 52 were written to
Cicero, 396 were written by Cicero to Atticus, and 369 by Cicero to
his friends in general. We have no letters from Atticus to
Cicero.</p>
</div>
<div class="footnote">
<p><a name="Footnote_49_49" id="Footnote_49_49"></a><a href=
"#FNanchor_49_49"><span class="label">49</span></a> Quintilian,
lib. x., ca. 1.</p>
</div>
<div class="footnote">
<p><a name="Footnote_50_50" id="Footnote_50_50"></a><a href=
"#FNanchor_50_50"><span class="label">50</span></a> Clemens of
Alexandria, in his exhortation to the Gentiles, is very severe upon
the iniquities of these rites. "All evil be to him," he says, "who
brought them into fashion, whether it was Dardanus, or Eetion the
Thracian, or Midas the Phrygian." The old story which he repeats as
to Ceres and Proserpine may have been true, but he was altogether
ignorant of the changes which the common-sense of centuries had
produced.</p>
</div>
<div class="footnote">
<p><a name="Footnote_51_51" id="Footnote_51_51"></a><a href=
"#FNanchor_51_51"><span class="label">51</span></a> De Legibus,
lib. ii., c. xiv.</p>
</div>
<div class="footnote">
<p><a name="Footnote_52_52" id="Footnote_52_52"></a><a href=
"#FNanchor_52_52"><span class="label">52</span></a> It was then
that the foreign empire commenced, in ruling which the simplicity
and truth of purpose and patriotism of the Republic were lost.</p>
</div>
<div class="footnote">
<p><a name="Footnote_53_53" id="Footnote_53_53"></a><a href=
"#FNanchor_53_53"><span class="label">53</span></a> The reverses
of fortune to which Marius was subjected, how he was buried up to
his neck in the mud, hiding in the marshes of Minturnæ, how he
would have been killed by the traitorous magistrates of that city
but that he quelled the executioners by the fire of his eyes; how
he sat and glowered, a houseless exile, among the ruins of
Carthage—all which things happened to him while he was
running from the partisans of Sulla—are among the picturesque
episodes of history. There is a tragedy called the <i>Wounds of
Civil War</i>, written by Lodge, who was born some eight years
before Shakspeare, in which the story of Marius is told with some
exquisite poetry, but also with some ludicrous additions. The Gaul
who is hired to kill Marius, but is frightened by his eyes, talks
bad French mingled with bad English, and calls on Jesus in his
horror!</p>
</div>
<div class="footnote">
<p><a name="Footnote_54_54" id="Footnote_54_54"></a><a href=
"#FNanchor_54_54"><span class="label">54</span></a> Brutus,
ca. xc.</p>
</div>
<div class="footnote">
<p><a name="Footnote_55_55" id="Footnote_55_55"></a><a href=
"#FNanchor_55_55"><span class="label">55</span></a> Florus tells
us that there were 2000 Senators and Knights, but that any one was
allowed to kill just whom he would. "Quis autem illos potest
computare quos in urbe passim quisquis voluit occidit" (lib. iii.,
ca. 21).</p>
</div>
<div class="footnote">
<p><a name="Footnote_56_56" id="Footnote_56_56"></a><a href=
"#FNanchor_56_56"><span class="label">56</span></a> About
£487 10<i>s.</i> In Smith's Dictionary of Greek and Roman
Antiquities the Attic talent is given as being worth £243
15<i>s.</i> Mommsen quotes the price as 12,000 denarii, which would amount
to about the same sum.</p>
</div>
<div class="footnote">
<p><a name="Footnote_57_57" id="Footnote_57_57"></a><a href=
"#FNanchor_57_57"><span class="label">57</span></a> Suetonius
speaks of his death. Florus mentions the proscriptions and
abdication. Velleius Paterculus is eloquent in describing the
horrors of the massacres and confiscation. Dio Cassius refers again
and again to the Sullan cruelty. But none of them give a reason for
the abdication of Sulla.</p>
</div>
<div class="footnote">
<p><a name="Footnote_58_58" id="Footnote_58_58"></a><a href=
"#FNanchor_58_58"><span class="label">58</span></a> Vol. iii.,
p.386. I quote from Mr. Dickson's translation, as I do not read
German.</p>
</div>
<div class="footnote">
<p><a name="Footnote_59_59" id="Footnote_59_59"></a><a href=
"#FNanchor_59_59"><span class="label">59</span></a> In defending
Roscius Amerinus, while Sulla was still in power, he speaks of the
Sullan massacres as "pugna Cannensis," a slaughter as foul, as
disgraceful, as bloody as had been the defeat at Cannæ.</p>
</div>
<div class="footnote">
<p><a name="Footnote_60_60" id="Footnote_60_60"></a><a href=
"#FNanchor_60_60"><span class="label">60</span></a> Mommsen,
vol. iii., p. 385.</p>
</div>
<div class="footnote">
<p><a name="Footnote_61_61" id="Footnote_61_61"></a><a href=
"#FNanchor_61_61"><span class="label">61</span></a> Pro Sexto
Roscio, ca. xxi.: "Quod antea causam publicam nullam dixerim." He
says also in the Brutus, ca. xc., "Itaque prima causa publica, pro
Sex. Roscio dicta." By "publica causa" he means a criminal
accusation in distinction from a civil action.</p>
</div>
<div class="footnote">
<p><a name="Footnote_62_62" id="Footnote_62_62"></a><a href=
"#FNanchor_62_62"><span class="label">62</span></a> Pro Publio
Quintio, ca. i.: "Quod mihi consuevit in ceteris causis esse
adjumento, id quoque in hac causa deficit."</p>
</div>
<div class="footnote">
<p><a name="Footnote_63_63" id="Footnote_63_63"></a><a href=
"#FNanchor_63_63"><span class="label">63</span></a> Pro Publio
Quintio, ca. xxi.: "Nolo eam rem commemorando renovare, cujus omnino
rei memoriam omnem tolli funditus ac deleri arbitror oportere."</p>
</div>
<div class="footnote">
<p><a name="Footnote_64_64" id="Footnote_64_64"></a><a href=
"#FNanchor_64_64"><span class="label">64</span></a> Pro Roscio,
ca. xlix. Cicero says of him that he would be sure to suppose that
anything would have been done according to law of which he should
be told that it was done by Sulla's order. "Putat homo imperitus
morum, agricola et rusticus, ista omnia, quæ vos per Sullam gesta
esse dicitis, more, lege, jure gentium facta."</p>
</div>
<div class="footnote">
<p><a name="Footnote_65_65" id="Footnote_65_65"></a><a href=
"#FNanchor_65_65"><span class="label">65</span></a> Pro Sexto
Roscio, ca. 1.</p>
</div>
<div class="footnote">
<p><a name="Footnote_66_66" id="Footnote_66_66"></a><a href=
"#FNanchor_66_66"><span class="label">66</span></a> Pro Sexto
Roscio, ca. xxix.: "Ejusmodi tempus erat, inquit, ut homines vulgo
impune occiderentur."</p>
</div>
<div class="footnote">
<p><a name="Footnote_67_67" id="Footnote_67_67"></a><a href=
"#FNanchor_67_67"><span class="label">67</span></a> Pro T. A.
Milone, ca.xxi.: "Cur igitur cos manumisit? Metuebat scilicit ne
indicarent; ne dolorem perferre non possent."</p>
</div>
<div class="footnote">
<p><a name="Footnote_68_68" id="Footnote_68_68"></a><a href=
"#FNanchor_68_68"><span class="label">68</span></a> Pro T. A.
Milone, ca.xxii.: "Heus tu, Ruscio, verbi gratia, cave sis
mentiaris. Clodius insidias fecit Miloni? Fecit. Certa crux. Nullas
fecit. Sperata libertas."</p>
</div>
<div class="footnote">
<p><a name="Footnote_69_69" id="Footnote_69_69"></a><a href=
"#FNanchor_69_69"><span class="label">69</span></a> Pro Sexto
Roscio, ca. xxviii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_70_70" id="Footnote_70_70"></a><a href=
"#FNanchor_70_70"><span class="label">70</span></a> Ibid.</p>
</div>
<div class="footnote">
<p><a name="Footnote_71_71" id="Footnote_71_71"></a><a href=
"#FNanchor_71_71"><span class="label">71</span></a> Ibid.,
ca. xxxi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_72_72" id="Footnote_72_72"></a><a href=
"#FNanchor_72_72"><span class="label">72</span></a> Pro Sexto
Roscio, ca. xlv.</p>
</div>
<div class="footnote">
<p><a name="Footnote_73_73" id="Footnote_73_73"></a><a href=
"#FNanchor_73_73"><span class="label">73</span></a> Pro Sexto
Roscio, ca. xlvi. The whole picture of Chrysogonus, of his house, of
his luxuries, and his vanity, is too long for quotation, but is
worth referring to by those who wish to see how bold and how
brilliant Cicero could be.</p>
</div>
<div class="footnote">
<p><a name="Footnote_74_74" id="Footnote_74_74"></a><a href=
"#FNanchor_74_74"><span class="label">74</span></a> They put in
tablets of wax, on which they recorded their judgment by
inscribing letter, C, A, or NL—Condemno, Absolvo, or Non
liquet—intending to show that the means of coming to a
decision did not seem to be sufficient.</p>
</div>
<div class="footnote">
<p><a name="Footnote_75_75" id="Footnote_75_75"></a><a href=
"#FNanchor_75_75"><span class="label">75</span></a> Quintilian
tells us, lib. x., ca.vii., that Cicero's speeches as they had come
to his day had been abridged—by which he probably means only
arranged—by Tiro, his slave and secretary and friend. "Nam
Ciceronis ad præsens modo tempus aptatos libertus Tiro
contraxit."</p>
</div>
<div class="footnote">
<p><a name="Footnote_76_76" id="Footnote_76_76"></a><a href=
"#FNanchor_76_76"><span class="label">76</span></a> Quintilian,
lib. xi., ca.iii.: "Nam et toga, et calecus, et capillus, tam nimia
cura, quam negligentia, sunt reprehendenda." * * * "Sinistrum
brachium eo usque allevandum est, ut quasi normalem illum angulum
faciat." Quint., lib. xii., ca.x., "ne hirta toga sit;" don't let
the toga be rumpled; "non serica:" the silk here interdicted was
the silk of effeminacy, not that silk of authority of which our
barristers are proud. "Ne intonsum caput; non in gradus atque
annulos comptum." It would take too much space were I to give here
all the lessons taught by this professor of deportment as to the
wearing of the toga.</p>
</div>
<div class="footnote">
<p><a name="Footnote_77_77" id="Footnote_77_77"></a><a href=
"#FNanchor_77_77"><span class="label">77</span></a> A doubt has
been raised whether he was not married when he went to Greece, as
otherwise his daughter would seem to have become a wife earlier
than is probable. The date, however, has been generally given as it
is stated here.</p>
</div>
<div class="footnote">
<p><a name="Footnote_78_78" id="Footnote_78_78"></a><a href=
"#FNanchor_78_78"><span class="label">78</span></a> Tacitus,
Annal., xi., 5, says, "Qua cavetur antiquitus, ne quis, ob causam
orandam, pecuniam donumve accipiat."</p>
</div>
<div class="footnote">
<p><a name="Footnote_79_79" id="Footnote_79_79"></a><a href=
"#FNanchor_79_79"><span class="label">79</span></a> De Off.,
lib. i., ca. xlii.: "Sordidi etiam putandi, qui mercantur a
mercatoribus, quod statim vendant. Nihil enim proficiunt, nisi
admodum mentiantur."</p>
</div>
<div class="footnote">
<p><a name="Footnote_80_80" id="Footnote_80_80"></a><a href=
"#FNanchor_80_80"><span class="label">80</span></a> De Off.,
lib. i., ca. xlii.: "Primum improbantur ii quæstus, qui in odia
hominum incurrunt: ut portitorum ut fœneratorum." The Portitores
were inferior collectors of certain dues, stationed at seaports,
who are supposed to have been extremely vexatious in their dealings
with the public.</p>
</div>
<div class="footnote">
<p><a name="Footnote_81_81" id="Footnote_81_81"></a><a href=
"#FNanchor_81_81"><span class="label">81</span></a> Philipp.,
11-16.</p>
</div>
<div class="footnote">
<p><a name="Footnote_82_82" id="Footnote_82_82"></a><a href=
"#FNanchor_82_82"><span class="label">82</span></a> Let any who
doubt this statement refer to the fate of the inhabitants of Alesia
and Uxellodunum. Cæsar did not slay or torture for the sake
of cruelty, but was never deterred by humanity when expediency
seemed to him to require victims. Men and women, old and young,
many or few, they were sacrificed without remorse if his purpose
required it.</p>
</div>
<div class="footnote">
<p><a name="Footnote_83_83" id="Footnote_83_83"></a><a href=
"#FNanchor_83_83"><span class="label">83</span></a> Pro Pub.
Quintio, ca. xxv.</p>
</div>
<div class="footnote">
<p><a name="Footnote_84_84" id="Footnote_84_84"></a><a href=
"#FNanchor_84_84"><span class="label">84</span></a> See Appendix
B, Brutus, ca. xcii., xciii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_85_85" id="Footnote_85_85"></a><a href=
"#FNanchor_85_85"><span class="label">85</span></a> Brutus, ca.
xciii.: "Animos hominum ad me dicendi novitate converteram."</p>
</div>
<div class="footnote">
<p><a name="Footnote_86_86" id="Footnote_86_86"></a><a href=
"#FNanchor_86_86"><span class="label">86</span></a> It must be
remembered that this advice was actually given when Cicero
subsequently became a candidate for the Consulship, but it is
mentioned here as showing the manner in which were sought the great
offices of State.</p>
</div>
<div class="footnote">
<p><a name="Footnote_87_87" id="Footnote_87_87"></a><a href=
"#FNanchor_87_87"><span class="label">87</span></a> Cicero speaks
of Sicily as divided into two provinces, "Quæstores utriusque
provinciæ." There was, however, but one Prætor or Proconsul. But
the island had been taken by the Romans at two different times.
Lilybæum and the west was obtained from the Carthaginians at
the end of the first Punic war, whereas, Syracuse was conquered by
Marcellus and occupied during the second Punic war.</p>
</div>
<div class="footnote">
<p><a name="Footnote_88_88" id="Footnote_88_88"></a><a href=
"#FNanchor_88_88"><span class="label">88</span></a> Tacitus,
Ann., lib.xi., ca.xxii.: "Post, lege Sullæ, viginti creati
supplendo senatui, cui judicia tradiderat."</p>
</div>
<div class="footnote">
<p><a name="Footnote_89_89" id="Footnote_89_89"></a><a href=
"#FNanchor_89_89"><span class="label">89</span></a> De Legibus,
iii., xii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_90_90" id="Footnote_90_90"></a><a href=
"#FNanchor_90_90"><span class="label">90</span></a> Pro P. Sexto,
lxv.</p>
</div>
<div class="footnote">
<p><a name="Footnote_91_91" id="Footnote_91_91"></a><a href=
"#FNanchor_91_91"><span class="label">91</span></a> Pro Cluentio,
lvi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_92_92" id="Footnote_92_92"></a><a href=
"#FNanchor_92_92"><span class="label">92</span></a> Contra
Verrem, Act.iv., ca. xi.: "Ecquæ civitas est, non modo in
provinciis nostris, verum etiam in ultimis nationibus, aut tam
potens, aut tam libera, aut etiam am immanis ac barbara; rex
denique ecquis est, qui senatorem populi Romani tecto ac domo non
invitet?"</p>
</div>
<div class="footnote">
<p><a name="Footnote_93_93" id="Footnote_93_93"></a><a href=
"#FNanchor_93_93"><span class="label">93</span></a> Contra
Verrem, Act. i., ca. xiii.: "Omnia non modo commemorabuntur, sed
etiam, expositis certis rebus, agentur, quæ inter decem annos,
posteaquam judicia ad senatum translata sunt, in rebus judicandis
nefarie flagitioseque facta sunt."</p>
<p>Pro Cluentio, lvi.: "Locus,
auctoritas, domi splendor, apud exteras nationes nomen et gratia,
toga prætexta, sella curulis, insignia, fasces, exercitus,
imperia, provincia."</p>
</div>
<div class="footnote">
<p><a name="Footnote_94_94" id="Footnote_94_94"></a><a href=
"#FNanchor_94_94"><span class="label">94</span></a> Contra
Verrem, Act.i., ca. xviii.: "Quadringenties sestertium ex Sicilia
contra leges abstulisse." In Smith's Dictionary of Grecian and
Roman Antiquities we are told that a thousand sesterces is equal in
our money to £8 17<i>s.</i> 1<i>d.</i> Of the estimated amount of this
plunder we shall have to speak again.</p>
</div>
<div class="footnote">
<p><a name="Footnote_95_95" id="Footnote_95_95"></a><a href=
"#FNanchor_95_95"><span class="label">95</span></a> Pro Plancio,
xxvi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_96_96" id="Footnote_96_96"></a><a href=
"#FNanchor_96_96"><span class="label">96</span></a> Pro Plancio,
xxvi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_97_97" id="Footnote_97_97"></a><a href=
"#FNanchor_97_97"><span class="label">97</span></a> M. du Rozoir
was a French critic, and was joined with M. Guéroult and M.
de Guerle in translating and annotating the Orations of Cicero for
M. Panckoucke's edition of the Latin classics.</p>
</div>
<div class="footnote">
<p><a name="Footnote_98_98" id="Footnote_98_98"></a><a href=
"#FNanchor_98_98"><span class="label">98</span></a> In Verrem
Actio Secunda, lib. i., vii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_99_99" id="Footnote_99_99"></a><a href=
"#FNanchor_99_99"><span class="label">99</span></a> Plutarch says
that Cæcilius was an emancipated slave, and a Jew, which
could not have been true, as he was a Roman Senator.</p>
</div>
<div class="footnote">
<p><a name="Footnote_100_100" id="Footnote_100_100"></a><a href=
"#FNanchor_100_100"><span class="label">100</span></a> De
Oratore, lib. ii., c. xlix. The feeling is beautifully expressed in
the words put into the mouth of Antony in the discussion on the
charms and attributes of eloquence: "Qui mihi in liberum loco more
majorum esse deberet."</p>
</div>
<div class="footnote">
<p><a name="Footnote_101_101" id="Footnote_101_101"></a><a href=
"#FNanchor_101_101"><span class="label">101</span></a> In Q.
Cæc. Divinatio, ca. ii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_102_102" id="Footnote_102_102"></a><a href=
"#FNanchor_102_102"><span class="label">102</span></a> Divinatio,
ca. iii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_103_103" id="Footnote_103_103"></a><a href=
"#FNanchor_103_103"><span class="label">103</span></a> Ibid.,
ca. vi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_104_104" id="Footnote_104_104"></a><a href=
"#FNanchor_104_104"><span class="label">104</span></a> Ibid.,
ca. viii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_105_105" id="Footnote_105_105"></a><a href=
"#FNanchor_105_105"><span class="label">105</span></a> Divinatio,
ca. ix.</p>
</div>
<div class="footnote">
<p><a name="Footnote_106_106" id="Footnote_106_106"></a><a href=
"#FNanchor_106_106"><span class="label">106</span></a> Ibid.,
ca. xi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_107_107" id="Footnote_107_107"></a><a href=
"#FNanchor_107_107"><span class="label">107</span></a> Ibid.</p>
</div>
<div class="footnote">
<p><a name="Footnote_108_108" id="Footnote_108_108"></a><a href=
"#FNanchor_108_108"><span class="label">108</span></a> Ibid.,
ca. xii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_109_109" id="Footnote_109_109"></a><a href=
"#FNanchor_109_109"><span class="label">109</span></a> Actio
Secunda, lib. ii., xl. He is speaking of Sthenius, and the
illegality of certain proceedings on the part of Verres against
him. "If an accused man could be condemned in the absence of the
accuser, do you think that I would have gone in a little boat from
Vibo to Velia, among all the dangers prepared for me by your
fugitive slaves and pirates, when I had to hurry at the peril of my
life, knowing that you would escape if I were not present to the
day?"</p>
</div>
<div class="footnote">
<p><a name="Footnote_110_110" id="Footnote_110_110"></a><a href=
"#FNanchor_110_110"><span class="label">110</span></a> Actio
Secunda, l. xxi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_111_111" id="Footnote_111_111"></a><a href=
"#FNanchor_111_111"><span class="label">111</span></a> In Verrem,
Actio Prima, xvi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_112_112" id="Footnote_112_112"></a><a href=
"#FNanchor_112_112"><span class="label">112</span></a> In Verrem,
Actio Prima, xvi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_113_113" id="Footnote_113_113"></a><a href=
"#FNanchor_113_113"><span class="label">113</span></a> We are to
understand that the purchaser at the auction having named the sum
for which he would do the work, the estate of the minor, who was
responsible for the condition of the temple, was saddled with that
amount.</p>
</div>
<div class="footnote">
<p><a name="Footnote_114_114" id="Footnote_114_114"></a><a href=
"#FNanchor_114_114"><span class="label">114</span></a> In Verrem,
Actio Secunda, lib. ii., vii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_115_115" id="Footnote_115_115"></a><a href=
"#FNanchor_115_115"><span class="label">115</span></a> Ibid.,
ix.</p>
</div>
<div class="footnote">
<p><a name="Footnote_116_116" id="Footnote_116_116"></a><a href=
"#FNanchor_116_116"><span class="label">116</span></a> Ibid.,
lib. ii., xiv.</p>
</div>
<div class="footnote">
<p><a name="Footnote_117_117" id="Footnote_117_117"></a><a href=
"#FNanchor_117_117"><span class="label">117</span></a> See
Appendix C.</p>
</div>
<div class="footnote">
<p><a name="Footnote_118_118" id="Footnote_118_118"></a><a href=
"#FNanchor_118_118"><span class="label">118</span></a> In Verrem,
Actio Secunda, lib. ii., ca. xxxvi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_119_119" id="Footnote_119_119"></a><a href=
"#FNanchor_119_119"><span class="label">119</span></a> Ibid. "Una
nox intercesserat, quam iste Dorotheum sic diligebat, ut diceres,
omnia inter eos esse communia."—wife and all. "Iste" always
means Verres in these narratives.</p>
</div>
<div class="footnote">
<p><a name="Footnote_120_120" id="Footnote_120_120"></a><a href=
"#FNanchor_120_120"><span class="label">120</span></a> These were
burning political questions of the moment. It was as though an
advocate of our days should desire some disgraced member of
Parliament to go down to the House and assist the Government in
protecting Turkey in Asia and invading Zululand.</p>
</div>
<div class="footnote">
<p><a name="Footnote_121_121" id="Footnote_121_121"></a><a href=
"#FNanchor_121_121"><span class="label">121</span></a> "Sit in
ejus exercitu signifer." The "ejus" was Hortensius, the coming
Consul, too whom Cicero intended to be considered as pointing. For
the passage, see In Verrem, Actio Secunda, lib. ii., xxxi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_122_122" id="Footnote_122_122"></a><a href=
"#FNanchor_122_122"><span class="label">122</span></a> In Verrem,
Actio Secunda, lib. iii., 11.</p>
</div>
<div class="footnote">
<p><a name="Footnote_123_123" id="Footnote_123_123"></a><a href=
"#FNanchor_123_123"><span class="label">123</span></a> "Exegi
monumentum ære perennius," said Horace, gloriously. "Sum pius
Æneas" is Virgil's expression, put into the mouth of his hero.
"Ipse Menaleas," said Virgil himself. Homer and Sophocles introduce
their heroes with self-sounded trumpetings:</p>
<div class="poem">
<div class="stanza">
<span class="i0">Εἴμ' Οδυσσεὺς Δαερτιάδης ὅς πασι δόλοισι</span>
<span class="i0">Ἀνθρώποισι μέλω, και μὲυ κλέος οὐρανὸn ικει.</span>
<span class="i6">Odyssey,book ix., 19 and 20.</span>
<span class="i10"> </span>
<span class="i3">Ὁ πᾶσι κλεινος Οἰδίπους καλούμενος.</span>
<span class="i10">Œdipus Tyrannus, 8.</span></div>
</div>
</div>
<div class="footnote">
<p><a name="Footnote_124_124" id="Footnote_124_124"></a><a href=
"#FNanchor_124_124"><span class="label">124</span></a> Pro
Plancio, xxvi.: "Frumenti in summa caritate maximum numerum miseram;
negotiatoribus comis, mercatoribus justus, municipibus liberalis,
sociis abstinens, omnibus eram visus in omni officio
diligentissimus."</p>
</div>
<div class="footnote">
<p><a name="Footnote_125_125" id="Footnote_125_125"></a><a href=
"#FNanchor_125_125"><span class="label">125</span></a> In Verrem,
Actio Secunda, lib. iii., ix.: "Is erit Apronius ille; qui, ut ipse
non solum vita, sed etiam corpore atque ore significat, immensa
aliqua vorago est ac gurges vitiorum turpitudinumque omnium. Hunc
in omnibus stupris, hunc in fanorum expilationibus, hunc in impuris
conviviis principem adhibebat; tantamque habebat morum similitudo
conjunctionem atque concordiam, ut Apronius, qui aliis inhumanus ac
barbarus, isti uni commodus ac disertus videretur; ut quem omnes
odissent neque videre vellent sine eo iste esse non posset; ut quum
alii ne conviviis quidem iisdem quibus Apronius, hic iisdem etiam
poculis uteretur, postremo, ut, odor Apronii teterrimus oris et
corporis, quem, ut aiunt, ne bestiæ quidem ferre possent, uni isti
suavis et jucundus videretur. Ille erat in tribunali proximus; in
cubiculo socius; in convivio dominus, ac tum maxime, quum,
accubante prætextato prætoris filio, in convivio saltare nudus
cœperat."</p>
</div>
<div class="footnote">
<p><a name="Footnote_126_126" id="Footnote_126_126"></a><a href=
"#FNanchor_126_126"><span class="label">126</span></a> A great
deal is said of the <i>Cybea</i> in this and the last speech. The
money expended on it was passed through the accounts as though the
ship had been built for the defence of the island from pirates, but
it was intended solely for the depository of the governor's
plunder.</p>
</div>
<div class="footnote">
<p><a name="Footnote_127_127" id="Footnote_127_127"></a><a href=
"#FNanchor_127_127"><span class="label">127</span></a> In Verrem,
Actio Secunda, lib. iv., vii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_128_128" id="Footnote_128_128"></a><a href=
"#FNanchor_128_128"><span class="label">128</span></a> In Verrem,
Actio Secunda, lib. iv., lvii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_129_129" id="Footnote_129_129"></a><a href=
"#FNanchor_129_129"><span class="label">129</span></a> In Verrem,
Actio Secunda, lib.v., lxvi.: "Facinus est vinciri civem Romanum;
scelus verberari; prope parricidium necari; quid dicam in
crucem tollere!"</p>
</div>
<div class="footnote">
<p><a name="Footnote_130_130" id="Footnote_130_130"></a><a href=
"#FNanchor_130_130"><span class="label">130</span></a> In Verrem,
Actio Secunda, lib. v., lxv.</p>
</div>
<div class="footnote">
<p><a name="Footnote_131_131" id="Footnote_131_131"></a><a href=
"#FNanchor_131_131"><span class="label">131</span></a> In Verrem,
Actio Secunda, lib. v., xx.: "Onere suo plane captam atque
depressam."</p>
</div>
<div class="footnote">
<p><a name="Footnote_132_132" id="Footnote_132_132"></a><a href=
"#FNanchor_132_132"><span class="label">132</span></a> In Verrem,
Actio Secunda, lib. v., xxvi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_133_133" id="Footnote_133_133"></a><a href=
"#FNanchor_133_133"><span class="label">133</span></a> Ibid.,
xxviii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_134_134" id="Footnote_134_134"></a><a href=
"#FNanchor_134_134"><span class="label">134</span></a> Pro
Fonteio, xiii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_135_135" id="Footnote_135_135"></a><a href=
"#FNanchor_135_135"><span class="label">135</span></a> De
Oratore, lib.ii., lix.: "Perspicitis, hoc genus quam sit facetum,
quam elegans, quam oratorium, sive habeas vere, quod narrare
possis, quod tamen, est mendaciunculis aspergendum, sive fingas."
Either invent a story, or if you have an old one, add on something
so as to make it really funny. Is there a parson, a bishop, an
archbishop, who, if he have any sense of humor about him, does not
do the same?</p>
</div>
<div class="footnote">
<p><a name="Footnote_136_136" id="Footnote_136_136"></a><a href=
"#FNanchor_136_136"><span class="label">136</span></a> Cicero,
Pro Cluentio, l., explains very clearly his own idea as to his own
speeches as an advocate, and may be accepted, perhaps, as
explaining the ideas of barristers of to-day. "He errs," he says,
"who thinks that he gets my own opinions in speeches made in law
courts; such speeches are what the special cases require, and are
not to be taken as coming from the advocate as his own."</p>
</div>
<div class="footnote">
<p><a name="Footnote_137_137" id="Footnote_137_137"></a><a href=
"#FNanchor_137_137"><span class="label">137</span></a> When the
question is discussed, we are forced rather to wonder how many of
the great historical doings of the time are not mentioned, or are
mentioned very slightly, in Cicero's letters. Of Pompey's treatment
of the pirates, and of his battling in the East, little or nothing
is said, nothing of Cæsar's doings in Spain. Mention is made
of Cæsar's great operations in Gaul only in reference to the
lieutenancy of Cicero's brother Quintus, and to the employment of
his young friend Trebatius. Nothing is said of the manner of
Cæsar's coming into Rome after passing the Rubicon; nothing
of the manner of fighting at Dyrrachium and Pharsalia; very little
of the death of Pompey; nothing of Cæsar's delay in Egypt.
The letters deal with Cicero's personal doings and thoughts, and
with the politics of Rome as a city. The passage to which allusion
is made occurs in the life of Atticus, ca. xvi: "Quæ qui legat non
multum desideret historiam contextam illorum temporum."</p>
</div>
<div class="footnote">
<p><a name="Footnote_138_138" id="Footnote_138_138"></a><a href=
"#FNanchor_138_138"><span class="label">138</span></a> Jean
George Greefe was a German, who spent his life as a professor at
Leyden, and, among other classical labors, arranged and edited the
letters of Cicero. He died in 1703.</p>
</div>
<div class="footnote">
<p><a name="Footnote_139_139" id="Footnote_139_139"></a><a href=
"#FNanchor_139_139"><span class="label">139</span></a> It must be
explained, however, that continued research and increased knowledge
have caused the order of the letters, and the dates assigned to
them, to be altered from time to time; and, though much has been
done to achieve accuracy, more remains to be done. In my references
to the letters I at first gave them, both to the arrangement made
by Grævius and to the numbers assigned in the edition I am using;
but I have found that the numbers would only mislead, as no
numbering has been yet adopted as fixed. Arbitrary and even
fantastic as is the arrangement of Grævius, it is better to
confine myself to that because it has been acknowledged, and will
enable my readers to find the letters if they wish to do so. Should
Mr. Tyrrell continue and complete his edition of the correspondence,
he will go far to achieve the desired accuracy. A second volume has
appeared since this work of mine has been in the press.</p>
</div>
<div class="footnote">
<p><a name="Footnote_140_140" id="Footnote_140_140"></a><a href=
"#FNanchor_140_140"><span class="label">140</span></a> The
peculiarities of Cicero's character are nowhere so clearly legible
as in his dealings with and words about his daughter. There is an
effusion of love, and then of sorrow when she dies, which is
un-Roman, almost feminine, but very touching.</p>
</div>
<div class="footnote">
<p><a name="Footnote_141_141" id="Footnote_141_141"></a><a href=
"#FNanchor_141_141"><span class="label">141</span></a> I annex a
passage from our well known English translation: "The power of the
pirates had its foundation in Cilicia. Their progress was the more
dangerous, because at first it had been but little noticed. In the
Mithridatic war they assumed new confidence and courage, on account
of some services which they had rendered the king. After this, the
Romans being engaged in civil war at the very gates of their
capital, the sea was left unguarded, and the pirates by degrees
attempted higher things—not only attacking ships, but islands
and maritime towns. Many persons distinguished for their wealth,
birth and capacity embarked with them, and assisted in their
depredations, as if their employment had been worthy the ambition
of men of honor. They had in various places arsenals, ports, and
watch-towers, all strongly fortified. Their fleets were not only
extremely well manned, supplied with skilful pilots, and fitted for
their business by their lightness and celerity, but there was a
parade of vanity about them, more mortifying than their strength,
in gilded sterns, purple canopies, and plated oars, as if they took
a pride and triumphed in their villany. Music resounded, and
drunken revels were exhibited on every coast. Here generals were
made prisoners; and there the cities which the pirates had seized
upon were paying their ransom, to the great disgrace of the Roman
power. The number of their galleys amounted to a thousand, and the
cities taken to four hundred." The passage is taken from the life
of Pompey.</p>
</div>
<div class="footnote">
<p><a name="Footnote_142_142" id="Footnote_142_142"></a><a href=
"#FNanchor_142_142"><span class="label">142</span></a> Florus,
lib. iii., 6: "An felicitatem, quod ne una cuidam navis amissa est;
an vero perpetuitatem, quod amplius piratæ non fuerunt."</p>
</div>
<div class="footnote">
<p><a name="Footnote_143_143" id="Footnote_143_143"></a><a href=
"#FNanchor_143_143"><span class="label">143</span></a> Of the
singular trust placed in Pompey there are very many proofs in the
history of Rome at this period, but none, perhaps, clearer than the
exception made in this favor in the wording of laws. In the
agrarian law proposed by the Tribune Rullus, and opposed by Cicero
when he was Consul, there is a clause commanding all Generals under
the Republic to account for the spoils taken by them in war. But
there is a special exemption in favor of Pompey. "Pompeius exceptus
esto." It is as though no Tribune dared to propose a law affecting
Pompey.</p>
</div>
<div class="footnote">
<p><a name="Footnote_144_144" id="Footnote_144_144"></a><a href=
"#FNanchor_144_144"><span class="label">144</span></a> See
Appendix D.</p>
</div>
<div class="footnote">
<p><a name="Footnote_145_145" id="Footnote_145_145"></a><a href=
"#FNanchor_145_145"><span class="label">145</span></a> Asconius
Pedianus was a grammarian who lived in the reign of Tiberius, and
whose commentaries on Cicero's speeches, as far as they go, are
very useful in explaining to us the meaning of the orator. We have
his notes on these two Cornelian orations and some others,
especially on that of Pro Milone. There are also commentaries on
some of the Verrine orations—not by Asconius, but from the
pen of some writer now called Pseudo-Asconius, having been long
supposed to have come from Asconius. They, too, go far to elucidate
much which would otherwise be dark to us.</p>
</div>
<div class="footnote">
<p><a name="Footnote_146_146" id="Footnote_146_146"></a><a href=
"#FNanchor_146_146"><span class="label">146</span></a> Quint.,
lib. viii., 3. The critic is explaining the effect of ornament in
oratory—of that beauty of language which with the people has
more effect than argument—and he breaks forth himself into
perhaps the most eloquent passage in the whole Institute: "Cicero,
in pleading for Cornelius, fought with arms which were as splendid
as they were strong. It was not simply by putting the facts before
the judges, by talking usefully, in good language and clearly, that
he succeeded in forcing the Roman people to acknowledge by their
voices and by their hands their admiration; it was the grandeur of
his words, their magnificence, their beauty, their dignity, which
produced that outburst."</p>
</div>
<div class="footnote">
<p><a name="Footnote_147_147" id="Footnote_147_147"></a><a href=
"#FNanchor_147_147"><span class="label">147</span></a> Orator.,
lxvii. and lxx.</p>
</div>
<div class="footnote">
<p><a name="Footnote_148_148" id="Footnote_148_148"></a><a href=
"#FNanchor_148_148"><span class="label">148</span></a> De Lege
Agraria, ii., 2: "Meis comitiis non tabellam, vindicem tacitæ
libertatis, sed vocem vivam præ vobis, indicem vestrarum erga me
voluntatum ac studiorum tulistis. Itaque me * * * una voce
universus populus Romanus consulem declaravit."</p>
</div>
<div class="footnote">
<p><a name="Footnote_149_149" id="Footnote_149_149"></a><a href=
"#FNanchor_149_149"><span class="label">149</span></a> Sall.,
Conj. Catilinaria, xxi.: "Petere consulatum C. Antonium, quem sibi
collegam fore speraret, hominem et familiarem, et omnibus
necessitudinibus circumventum." Sallust would no doubt have put
anything into Catiline's mouth which would suit his own purpose;
but it was necessary for his purpose that he should confine himself
to credibilities.</p>
</div>
<div class="footnote">
<p><a name="Footnote_150_150" id="Footnote_150_150"></a><a href=
"#FNanchor_150_150"><span class="label">150</span></a> Cicero
himself tells us that many short-hand writers were sent by
him—"Plures librarii," as he calls them—to take down
the words of the Agrarian law which Rullus proposed. De Lege Agra.,
ii., 5. Pliny, Quintilian, and Martial speak of these men as
Notarii. Martial explains the nature of their business:</p>
<div class="poem">
<div class="stanza"><span class="i0">"Currant verba licet, manus
est velocior illis;</span> <span class="i4">Nondum lingua suum,
dextra peregit opus."—xiv., 208.</span></div>
</div>
</div>
<div class="footnote">
<p><a name="Footnote_151_151" id="Footnote_151_151"></a><a href=
"#FNanchor_151_151"><span class="label">151</span></a>Ad Att.,
ii., 1. "Oratiunculas," he calls them. It would seem here that he
pretends to have preserved these speeches only at the request of
some admiring young friends. Demosthenes, of course, was the
"fellow-citizen," so called in badinage, because Atticus, deserting
Rome, lived much at Athens.</p>
</div>
<div class="footnote">
<p><a name="Footnote_152_152" id="Footnote_152_152"></a><a href=
"#FNanchor_152_152"><span class="label">152</span></a> This
speech, which has been lost, was addressed to the people with the
view of reconciling them to a law in accordance with which the
Equites were entitled to special seats in the theatre. It was
altogether successful.</p>
</div>
<div class="footnote">
<p><a name="Footnote_153_153" id="Footnote_153_153"></a><a href=
"#FNanchor_153_153"><span class="label">153</span></a> This,
which is extant, was spoken in defence of an old man who was
accused of a political homicide thirty-seven years before—of
having killed, that is, Saturninus the Tribune. Cicero was
unsuccessful, but Rabirius was saved by the common subterfuge of an
interposition of omens. There are some very fine passages in this
oration.</p>
</div>
<div class="footnote">
<p><a name="Footnote_154_154" id="Footnote_154_154"></a><a href=
"#FNanchor_154_154"><span class="label">154</span></a> This has
been lost. Cicero, though he acknowledged the iniquity of Sulla's
proscriptions, showed that their effects could not now be reversed
without further revolutions. He gained his point on this
occasion.</p>
</div>
<div class="footnote">
<p><a name="Footnote_155_155" id="Footnote_155_155"></a><a href=
"#FNanchor_155_155"><span class="label">155</span></a> This has
been lost. Cicero, in accordance with the practice of the time, was
entitled to the government of a province when ceasing to be Consul.
The rich province of Macedonia fell to him by lot, but he made it
over to his colleague Antony, thus purchasing, if not Antony's
co-operation, at any rate his quiescence, in regard to Catiline. He
also made over the province of Gaul, which then fell to his lot, to
Metellus, not wishing to leave the city. All this had to be
explained to the people.</p>
</div>
<div class="footnote">
<p><a name="Footnote_156_156" id="Footnote_156_156"></a><a href=
"#FNanchor_156_156"><span class="label">156</span></a> It will be
seen that he also defended Rabirius in his consular year, but had
thought fit to include that among his consular speeches. Some doubt
has been thrown, especially by Mr. Tyrrell, on the genuineness of
Cicero's letter giving the list of his "oratiunculas consulares,"
because the speeches Pro Murena and Pro Pisone are omitted, and as
containing some "rather un-Ciceronian expressions." My respect for
Mr. Tyrrell's scholarship and judgment is so great that I hardly
dare to express an opinion contrary to his; but I should be sorry
to exclude a letter so Ciceronian in its feeling. And if we are to
have liberty to exclude without evidence, where are we to stop?</p>
</div>
<div class="footnote">
<p><a name="Footnote_157_157" id="Footnote_157_157"></a><a href=
"#FNanchor_157_157"><span class="label">157</span></a> Corn.
Nepo., Epaminondas, I.: "We know that with us" (Romans) "music is
foreign to the employments of a great man. To dance would amount to
a vice. But these things among the Greeks are not only pleasant but
praiseworthy."</p>
</div>
<div class="footnote">
<p><a name="Footnote_158_158" id="Footnote_158_158"></a><a href=
"#FNanchor_158_158"><span class="label">158</span></a> Conj.
Catilinaria, xxv.</p>
</div>
<div class="footnote">
<p><a name="Footnote_159_159" id="Footnote_159_159"></a><a href=
"#FNanchor_159_159"><span class="label">159</span></a> Horace,
Epis. i., xvii.:</p>
<div class="poem">
<div class="stanza"><span class="i05">"Si sciret regibus uti</span>
<span class="i0">Fastidiret olus qui me notat."</span></div>
</div>
</div>
<div class="footnote">
<p><a name="Footnote_160_160" id="Footnote_160_160"></a><a href=
"#FNanchor_160_160"><span class="label">160</span></a> Pro
Murena, xxix.</p>
</div>
<div class="footnote">
<p><a name="Footnote_161_161" id="Footnote_161_161"></a><a href=
"#FNanchor_161_161"><span class="label">161</span></a> Pro
Murena, x. This Sulpicius was afterward Consul with M. Marcellus,
and in the days of the Philippics was sent as one of a deputation
to Antony. He died while on the journey. He is said to have been a
man of excellent character, and a thorough-going conservative.</p>
</div>
<div class="footnote">
<p><a name="Footnote_162_162" id="Footnote_162_162"></a><a href=
"#FNanchor_162_162"><span class="label">162</span></a> Pro
Murena, xi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_163_163" id="Footnote_163_163"></a><a href=
"#FNanchor_163_163"><span class="label">163</span></a> Ibid.,
xi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_164_164" id="Footnote_164_164"></a><a href=
"#FNanchor_164_164"><span class="label">164</span></a> Ibid.,
xii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_165_165" id="Footnote_165_165"></a><a href=
"#FNanchor_165_165"><span class="label">165</span></a> Ibid.,
xiii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_166_166" id="Footnote_166_166"></a><a href=
"#FNanchor_166_166"><span class="label">166</span></a> Ibid.,
xi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_167_167" id="Footnote_167_167"></a><a href=
"#FNanchor_167_167"><span class="label">167</span></a> Pro
Cluentio, 1.</p>
</div>
<div class="footnote">
<p><a name="Footnote_168_168" id="Footnote_168_168"></a><a href=
"#FNanchor_168_168"><span class="label">168</span></a> De Lege
Agraria, ii., 5.</p>
</div>
<div class="footnote">
<p><a name="Footnote_169_169" id="Footnote_169_169"></a><a href=
"#FNanchor_169_169"><span class="label">169</span></a> He alludes
here to his own colleague Antony, whom through his whole year of
office he had to watch lest the second Consul should join the
enemies whom he fears—should support Rullus or go over to
Catiline. With this view, choosing the lesser of the two evils, he
bribes Antony with the government of Macedonia.</p>
</div>
<div class="footnote">
<p><a name="Footnote_170_170" id="Footnote_170_170"></a><a href=
"#FNanchor_170_170"><span class="label">170</span></a> De Lege
Agraria, i., 7 and 8.</p>
</div>
<div class="footnote">
<p><a name="Footnote_171_171" id="Footnote_171_171"></a><a href=
"#FNanchor_171_171"><span class="label">171</span></a> The "jus
imaginis" belonged to those whose ancestors was counted an Ædile, a
Prætor, or a Consul. The descendants of such officers were
entitled to have these images, whether in bronze, or marble, or
wax, carried at the funerals of their friends.</p>
</div>
<div class="footnote">
<p><a name="Footnote_172_172" id="Footnote_172_172"></a><a href=
"#FNanchor_172_172"><span class="label">172</span></a> Forty
years since, Marius who was also "novus homo," and also, singularly
enough, from Arpinum, had been made Consul, but not with the
glorious circumstances as now detailed by Cicero.</p>
</div>
<div class="footnote">
<p><a name="Footnote_173_173" id="Footnote_173_173"></a><a href=
"#FNanchor_173_173"><span class="label">173</span></a> De Lege
Agraria, ii., 1, 2, and 3.</p>
</div>
<div class="footnote">
<p><a name="Footnote_174_174" id="Footnote_174_174"></a><a href=
"#FNanchor_174_174"><span class="label">174</span></a> See
Introduction.</p>
</div>
<div class="footnote">
<p><a name="Footnote_175_175" id="Footnote_175_175"></a><a href=
"#FNanchor_175_175"><span class="label">175</span></a> Pliny the
elder, Hist. Nat., lib. vii., ca. xxxi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_176_176" id="Footnote_176_176"></a><a href=
"#FNanchor_176_176"><span class="label">176</span></a> The word
is "proscripsisti," "you proscribed him." For the proper
understanding of this, the bearing of Cicero toward Antony during
the whole period of the Philippics must be considered.</p>
</div>
<div class="footnote">
<p><a name="Footnote_177_177" id="Footnote_177_177"></a><a href=
"#FNanchor_177_177"><span class="label">177</span></a> Catiline,
by Mr. Beesly. Fortnightly Review, 1865.</p>
</div>
<div class="footnote">
<p><a name="Footnote_178_178" id="Footnote_178_178"></a><a href=
"#FNanchor_178_178"><span class="label">178</span></a> Pro
Murena, xxv.: "Quem omnino vivum illinc exire non oportuerat." I
think we must conclude from this that Cicero had almost expected
that his attack upon the conspirators, in his first Catiline
oration, would have the effect of causing him to be killed.</p>
</div>
<div class="footnote">
<p><a name="Footnote_179_179" id="Footnote_179_179"></a><a href=
"#FNanchor_179_179"><span class="label">179</span></a> Æneid,
viii., 668:</p>
<div class="poem">
<div class="stanza"><span class="i6.5"><i>"Te, Catilina,
minaci</i></span> <span class="i0"><i>Pendentem
scopulo."</i></span></div>
</div>
</div>
<div class="footnote">
<p><a name="Footnote_180_180" id="Footnote_180_180"></a><a href=
"#FNanchor_180_180"><span class="label">180</span></a> Velleius
Paterculus, lib. ii., xxxiv.</p>
</div>
<div class="footnote">
<p><a name="Footnote_181_181" id="Footnote_181_181"></a><a href=
"#FNanchor_181_181"><span class="label">181</span></a> Juvenal,
Sat. ii., 27: "Catilina Cethegum!" Could such a one as Catiline
answer such a one as Cethegus? Sat. viii., 232: "Arma tamen vos
Nocturna et flammas domibus templisque parastis." Catiline, in
spite of his noble blood, had endeavored to burn the city. Sat.
xiv., 41: "Catilinam quocunque in populo videas." It is hard to
find a good man, but it is easy enough to put your hand anywhere on
a Catiline.</p>
</div>
<div class="footnote">
<p><a name="Footnote_182_182" id="Footnote_182_182"></a><a href=
"#FNanchor_182_182"><span class="label">182</span></a> Val
Maximus, lib. v., viii., 5; lib. ix., 1, 9; lib. ix., xi., 3.</p>
</div>
<div class="footnote">
<p><a name="Footnote_183_183" id="Footnote_183_183"></a><a href=
"#FNanchor_183_183"><span class="label">183</span></a> Florus,
lib. iv.</p>
</div>
<div class="footnote">
<p><a name="Footnote_184_184" id="Footnote_184_184"></a><a href=
"#FNanchor_184_184"><span class="label">184</span></a> Mommsen's
History of Rome, book v., chap v.</p>
</div>
<div class="footnote">
<p><a name="Footnote_185_185" id="Footnote_185_185"></a><a href=
"#FNanchor_185_185"><span class="label">185</span></a> I feel
myself constrained here to allude to the treatment given to
Catiline by Dean Merivale in his little work on the two Roman
Triumvirates. The Dean's sympathies are very near akin to those of
Mr. Beesly, but he values too highly his own historical judgment to
allow it to run on all fours with Mr. Beesly's sympathies. "The
real designs," he says, "of the infamous Catiline and his
associates must indeed always remain shrouded in
mystery. * * * Nevertheless, it is impossible to deny, and
on the whole it would be unreasonable to doubt, that such a
conspiracy there really was, and that the very existence of the
commonwealth was for a moment seriously imperilled." It would
certainly be unreasonable to doubt it. But the Dean, though he
calls Catiline infamous, and acknowledges the conspiracy, never-
theless give us ample proof of his sympathy with the conspirators,
or rather of his strong feeling against Cicero. Speaking of
Catiline at a certain moment, he says that he "was not yet hunted
down." He speaks of the "upstart Cicero," and plainly shows us that
his heart is with the side which had been Cæsar's. Whether
conspiracy or no conspiracy, whether with or without wholesale
murder and rapine, a single master with a strong hand was the one
remedy needed for Rome! The reader must understand that Cicero's
one object in public life was to resist that lesson.</p>
</div>
<div class="footnote">
<p><a name="Footnote_186_186" id="Footnote_186_186"></a><a href=
"#FNanchor_186_186"><span class="label">186</span></a> Asconius,
"In toga candida," reports that Fenestella, a writer of the time of
Augustus, had declared that Cicero had defended Catiline; but
Asconius gives his reasons for disbelieving the story.</p>
</div>
<div class="footnote">
<p><a name="Footnote_187_187" id="Footnote_187_187"></a><a href=
"#FNanchor_187_187"><span class="label">187</span></a> Cicero,
however, declares that he has made a difference between traitors to
their country and other criminals. Pro P. Sulla, ca. iii.: "Verum
etiam quædam contagio sceleris, si defendas eum, quem obstrictum
esse patriæ parricidio suspicere." Further on in the same oration,
ca. vi., he explains that he had refused to defend Autronius
because he had known Autronius to be a conspirator against his
country. I cannot admit the truth of the argument in which Mr.
Forsyth defends the practice of the English bar in this respect,
and in doing so presses hard upon Cicero. "At Rome," he says, "it
was different. The advocate there was conceived to have a much
wider discretion than we allow." Neither in Rome nor in England has
the advocate been held to be disgraced by undertaking the defence
of bad men who have been notoriously guilty. What an English
barrister may do, there was no reason that a Roman advocate should
not do, in regard to simple criminality. Cicero himself has
explained in the passage I have quoted how the Roman practice did
differ from ours in regard to treason. He has stated also that he
knew nothing of the first conspiracy when he offered to defend
Catiline on the score of provincial peculations. No writer has been
heavy on Hortensius for defending Verres, but only because he took
bribes from Verres.</p>
</div>
<div class="footnote">
<p><a name="Footnote_188_188" id="Footnote_188_188"></a><a href=
"#FNanchor_188_188"><span class="label">188</span></a> Publius
Cornelius Sulla, and Publius Autronius Pœtus.</p>
</div>
<div class="footnote">
<p><a name="Footnote_189_189" id="Footnote_189_189"></a><a href=
"#FNanchor_189_189"><span class="label">189</span></a> Pro P.
Sulla, iv. He declares that he had known nothing of the first
conspiracy and gives the reason: "Quod nondum penitus in republica
versabar, quod nondum ad propositum mihi finem honoris
perveneram, quod mea me ambitio et forensis labor ab omni illa
cogitatione abstrahebat."</p>
</div>
<div class="footnote">
<p><a name="Footnote_190_190" id="Footnote_190_190"></a><a href=
"#FNanchor_190_190"><span class="label">190</span></a> Sallust,
Catilinaria, xviii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_191_191" id="Footnote_191_191"></a><a href=
"#FNanchor_191_191"><span class="label">191</span></a> Livy,
Epitome, lib. ci.</p>
</div>
<div class="footnote">
<p><a name="Footnote_192_192" id="Footnote_192_192"></a><a href=
"#FNanchor_192_192"><span class="label">192</span></a> Suetonius,
J. Cæsar, ix.</p>
</div>
<div class="footnote">
<p><a name="Footnote_193_193" id="Footnote_193_193"></a><a href=
"#FNanchor_193_193"><span class="label">193</span></a> Mommsen,
book v., ca. v., says of Cæsar and Crassus as to this period,
"that this notorious action corresponds with striking exactness to
the secret action which this report ascribes to them." By which he
means to imply that they probably were concerned in the plot.</p>
</div>
<div class="footnote">
<p><a name="Footnote_194_194" id="Footnote_194_194"></a><a href=
"#FNanchor_194_194"><span class="label">194</span></a> Sallust
tells us, Catilinaria, xlix., that Cicero was instigated by special
enemies of Cæsar to include Cæsar in the accusation,
but refused to mix himself up in so great a crime. Crassus also was
accused, but probably wrongfully. Sallust declares that an attempt
was made to murder Cæsar as he left the Senate. There was
probably some quarrel and hustling, but no more.</p>
</div>
<div class="footnote">
<p><a name="Footnote_195_195" id="Footnote_195_195"></a><a href=
"#FNanchor_195_195"><span class="label">195</span></a> Sallust,
Catilinaria, xxxvii.: "Omnino cuncta plebes, novarum rerum studio,
Catilinæ incepta probabat." By the words "novarum rerum
studio"—by a love of revolution—we can understand the
kind of popularity which Sallust intended to express.</p>
</div>
<div class="footnote">
<p><a name="Footnote_196_196" id="Footnote_196_196"></a><a href=
"#FNanchor_196_196"><span class="label">196</span></a> Pro
Murena, xxv.</p>
</div>
<div class="footnote">
<p><a name="Footnote_197_197" id="Footnote_197_197"></a><a href=
"#FNanchor_197_197"><span class="label">197</span></a> "Darent
operam consules ne quid detrimenti respublica capiat."</p>
</div>
<div class="footnote">
<p><a name="Footnote_198_198" id="Footnote_198_198"></a><a href=
"#FNanchor_198_198"><span class="label">198</span></a>
Catilinaria, xxxi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_199_199" id="Footnote_199_199"></a><a href=
"#FNanchor_199_199"><span class="label">199</span></a>
Quintilian, lib. xii., 10: "Quem tamen et suorum homines temporum
incessere audebant, ut tumidiorem, et asianum, et redundantem."</p>
</div>
<div class="footnote">
<p><a name="Footnote_200_200" id="Footnote_200_200"></a><a href=
"#FNanchor_200_200"><span class="label">200</span></a> Orator.,
xxxvii.: "A nobis homo audacissimus Catilina in senatu accusatus
obmutuit."</p>
</div>
<div class="footnote">
<p><a name="Footnote_201_201" id="Footnote_201_201"></a><a href=
"#FNanchor_201_201"><span class="label">201</span></a> 2
Catilinaria, xxxi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_202_202" id="Footnote_202_202"></a><a href=
"#FNanchor_202_202"><span class="label">202</span></a> In the
first of them to the Senate, chap. ix., he declares this to Catiline
himself: "Si mea voce perterritus ire in exsilium animum induxeris,
quanta tempestas invidiæ nobis, si minus in præsens tempus,
recenti memoria scelerum tuorum, at in posteritatem impendeat." He
goes on to declare that he will endure all that, if by so doing he
can save the Republic. "Sed est mihi tanti; dummodo ista privata sit
calamitas, et a reipublicæ periculis sejungatur."</p>
</div>
<div class="footnote">
<p><a name="Footnote_203_203" id="Footnote_203_203"></a><a href=
"#FNanchor_203_203"><span class="label">203</span></a> Sallust,
Catilinaria, xli.: "Itaque Q. Fabio Sangæ cujus patrocinio civitas
plurimum utebatur rem omnem uti cognoverant aperiunt."</p>
</div>
<div class="footnote">
<p><a name="Footnote_204_204" id="Footnote_204_204"></a><a href=
"#FNanchor_204_204"><span class="label">204</span></a> Horace,
Epo. xvi., 6: "Novisque rebus infidelis Allobrox." The unhappy
Savoyard has from this line been known through ages as a
conspirator, false even to his fellow-conspirators.</p>
<p>Juvenal, vii.,
214: "Rufum qui toties Ciceronem Allobroga dixit." Some Rufus,
acting as advocate, had thought to put down Cicero by calling him
an Allobrogian.</p>
</div>
<div class="footnote">
<p><a name="Footnote_205_205" id="Footnote_205_205"></a><a href=
"#FNanchor_205_205"><span class="label">205</span></a> The words
in which this honor was conferred he himself repeats: "Quod urbem
incendiis, cæde cives, Italiam bello liberassem"—"because I
had rescued the city from fire, the citizens from slaughter, and
Italy from war."</p>
</div>
<div class="footnote">
<p><a name="Footnote_206_206" id="Footnote_206_206"></a><a href=
"#FNanchor_206_206"><span class="label">206</span></a> It is
necessary in all oratory to read something between the lines. It is
allowed to the speaker to produce effect by diminishing and
exaggerating. I think we should detract something from the praises
bestowed on Catiline's military virtues. The bigger Catiline could
be made to appear, the greater would be the honor of having driven
him out of the city.</p>
</div>
<div class="footnote">
<p><a name="Footnote_207_207" id="Footnote_207_207"></a><a href=
"#FNanchor_207_207"><span class="label">207</span></a> In
Catilinam, iii., xi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_208_208" id="Footnote_208_208"></a><a href=
"#FNanchor_208_208"><span class="label">208</span></a> In
Catilinam, ibid., xii.: "Ne mihi noceant vestrum est
providere."</p>
</div>
<div class="footnote">
<p><a name="Footnote_209_209" id="Footnote_209_209"></a><a href=
"#FNanchor_209_209"><span class="label">209</span></a> "Prince of
the Senate" was an honorary title, conferred on some man of mark as
a dignity—at this period on some ex-Consul; it conferred no
power. Cicero, the Consul who had convened the Senate, called on
the speakers as he thought fit.</p>
</div>
<div class="footnote">
<p><a name="Footnote_210_210" id="Footnote_210_210"></a><a href=
"#FNanchor_210_210"><span class="label">210</span></a>
Cæsar, according to Sallust, had referred to the Lex Porcia.
Cicero alludes, and makes Cæsar allude, to the Lex Sempronia.
The Porcian law, as we are told by Livy, was passed <span class=
"smcap">b.c.</span> 299, and forbade that a Roman should be
scourged or put to death. The Lex Sempronia was introduced by C.
Gracchus, and enacted that the life of a citizen should not be
taken without the voice of the citizens.</p>
</div>
<div class="footnote">
<p><a name="Footnote_211_211" id="Footnote_211_211"></a><a href=
"#FNanchor_211_211"><span class="label">211</span></a> Velleius
Paterculus, xxxvi.: "Consulatui Ciceronis non mediocre adjecit
decus natus eo anno Divus Augustus."</p>
</div>
<div class="footnote">
<p><a name="Footnote_212_212" id="Footnote_212_212"></a><a href=
"#FNanchor_212_212"><span class="label">212</span></a> In
Pisonem, iii.: "Sine ulla dubitatione juravi rempublicam atque hanc
urbem mea unius opera esse salvam."</p>
</div>
<div class="footnote">
<p><a name="Footnote_213_213" id="Footnote_213_213"></a><a href=
"#FNanchor_213_213"><span class="label">213</span></a> Dio
Cassius tells the same story, lib. xxxvii., ca. 38, but he adds
that Cicero was more hated than ever because of the oath he took:
καὶ ὅ μέν καὶ ἐκ τούτου πολὺ μᾶλλον ἐμισήθη.</p>
</div>
<div class="footnote">
<p><a name="Footnote_214_214" id="Footnote_214_214"></a><a href=
"#FNanchor_214_214"><span class="label">214</span></a> It is the
only letter given in the collection as having been addressed direct
to Pompey. In two letters written some years later to Atticus,
<span class="smcap">b.c.</span> 49, lib. viii., 11, and lib. viii.,
12, he sends copies of a correspondence between himself and Pompey
and two of the Pompeian generals.</p>
</div>
<div class="footnote">
<p><a name="Footnote_215_215" id="Footnote_215_215"></a><a href=
"#FNanchor_215_215"><span class="label">215</span></a> Lib. v.,
7. It is hardly necessary to explain that the younger Scipio and
Lælius were as famous for their friendship as Pylades and Orestes.
The "Virtus Scipiadæ et mitis sapientia Læli" have been made
famous to us all by Horace.</p>
</div>
<div class="footnote">
<p><a name="Footnote_216_216" id="Footnote_216_216"></a><a href=
"#FNanchor_216_216"><span class="label">216</span></a> These two
brothers, neither of whom was remarkable for great qualities,
though they were both to be Consuls, were the last known of the
great family of the Metelli, a branch of the "Gens Cæcilia."
Among them had been many who had achieved great names for
themselves in Roman history, on account of the territories added to
the springing Roman Empire by their victories. There had been a
Macedonicus, a Numidicus, a Balearicus, and a Creticus. It is of
the first that Velleius Paterculus sings the glory—lib. i.,
ca. xi., and the elder Pliny repeats the story, Hist. Nat., vii.,
44—that of his having been carried to the grave by four sons,
of whom at the time of his death three had been Consuls, one had
been a Prætor, two had enjoyed triumphal honors, and one had been
Censor. In looking through the consular list of Cicero's lifetime,
I find that there were no less than seven taken from the family of
the Metelli. These two brothers, Metellus Nepos and Celer, again
became friends to Cicero; Nepos, who had stopped his speech and
assisted in forcing him into exile, having assisted as Consul in
obtaining his recall from exile. It is very difficult to follow the
twistings and turnings of Roman friendships at this period.</p>
</div>
<div class="footnote">
<p><a name="Footnote_217_217" id="Footnote_217_217"></a><a href=
"#FNanchor_217_217"><span class="label">217</span></a> Velleius
Paterculus, lib. ii., ca. xiv. Paterculus tells us how, when the
architect offered to build the house so as to hide its interior
from the gaze of the world, Drusus desired the man so to construct
it that all the world might see what he was doing.</p>
</div>
<div class="footnote">
<p><a name="Footnote_218_218" id="Footnote_218_218"></a><a href=
"#FNanchor_218_218"><span class="label">218</span></a> It may be
worth while to give a translation of the anecdote as told by Aulus
Gellius, and to point out that the authors intention was to show
what a clever fellow Cicero was. Cicero did defend P. Sulla this
year; but whence came the story of the money borrowed from Sulla we
do not know. "It is a trick of rhetoric craftily to confess charges
made, so as not to come within the reach of the law. So that, if
anything base be alleged which cannot be denied, you may turn it
aside with a joke, and make it a matter of laughter rather than of
disgrace, as it is written that Cicero did when, with a drolling
word, he made little of a charge which he could not deny. For when
he was anxious to buy a house on the Palatine Hill, and had not the
ready money, he quietly borrowed from P. Sulla—who was then
about to stand his trial, 'sestertium viciens'—twenty million
sesterces. When that became known, before the purchase was made,
and it was objected to him that he had borrowed the money from a
client, then Cicero, instigated by the unexpected charge, denied
the loan, and denied also that he was going to buy the house. But
when he had bought it and the fib was thrown in his teeth, he
laughed heartily, and asked whether men had so lost their senses as
not to be aware that a prudent father of a family would deny an
intended purchase rather than raise the price of the article
against himself."—Noctes Atticæ, xii., 12. Aulus Gellius
though he tells us that the story was written, does not tell us
where he read it.</p>
</div>
<div class="footnote">
<p><a name="Footnote_219_219" id="Footnote_219_219"></a><a href=
"#FNanchor_219_219"><span class="label">219</span></a> I must say
this, "pace" Mr. Tyrrell, who, in his note on the letter to
Atticus, lib. i., 12, attempts to show that some bargain for such
professional fee had been made. Regarding Mr. Tyrrell as a critic
always fair, and almost always satisfactory, I am sorry to have to
differ from him; but it seems to me that he, too, has been carried
away by the feeling that in defending a man's character it is best
to give up some point.</p>
</div>
<div class="footnote">
<p><a name="Footnote_220_220" id="Footnote_220_220"></a><a href=
"#FNanchor_220_220"><span class="label">220</span></a> I have
been amused at finding a discourse, eloquent and most enthusiastic,
in praise of Cicero and especially of this oration, spoken by M.
Gueroult at the College of France in June, 1815. The worst literary
faults laid to the charge of Cicero, if committed by
him—which M. Gueroult thinks to be doubtful—had been
committed even by Voltaire and Racine! The learned Frenchman, with
whom I altogether sympathize, rises to an ecstasy of violent
admiration, and this at the very moment in which Waterloo was being
fought. But in truth the great doings of the world do not much
affect individual life. We should play our whist at the clubs
though the battle of Dorking were being fought.</p>
</div>
<div class="footnote">
<p><a name="Footnote_221_221" id="Footnote_221_221"></a><a href=
"#FNanchor_221_221"><span class="label">221</span></a> Pro P.
Sulla, iv.: "Scis me * * * illorum expertem temporum et
sermonum fuisse; credo, quod nondum penitus in republica versabar,
quod nondum ad propositum mihi finem honoris
perveneram. * * * Quis ergo intererat vestris consiliis?
Omnes hi, quos vides huic adesse et in primis Q. Hortensius."</p>
</div>
<div class="footnote">
<p><a name="Footnote_222_222" id="Footnote_222_222"></a><a href=
"#FNanchor_222_222"><span class="label">222</span></a> Ad Att.,
lib. i., 12.</p>
</div>
<div class="footnote">
<p><a name="Footnote_223_223" id="Footnote_223_223"></a><a href=
"#FNanchor_223_223"><span class="label">223</span></a> Ad Att.,
lib. i., 13.</p>
</div>
<div class="footnote">
<p><a name="Footnote_224_224" id="Footnote_224_224"></a><a href=
"#FNanchor_224_224"><span class="label">224</span></a> Ibid., i.,
14.</p>
</div>
<div class="footnote">
<p><a name="Footnote_225_225" id="Footnote_225_225"></a><a href=
"#FNanchor_225_225"><span class="label">225</span></a>Ibid., i.,
16: "Vis scire quomodo minus quam soleam præliatus sum."</p>
</div>
<div class="footnote">
<p><a name="Footnote_226_226" id="Footnote_226_226"></a><a href=
"#FNanchor_226_226"><span class="label">226</span></a> "You have
bought a fine house," said Clodius. "There would be more in what
you say if you could accuse me of buying judges," replied Cicero.
"The judges would not trust you on your oath," said Clodius,
referring to the alibi by which he had escaped in opposition to
Cicero's oath. "Yes," replied Cicero, "twenty-five trusted me; but
not one of the thirty-one would trust you without having his bribe
paid beforehand."</p>
</div>
<div class="footnote">
<p><a name="Footnote_227_227" id="Footnote_227_227"></a><a href=
"#FNanchor_227_227"><span class="label">227</span></a> Ad Att.,
i., 14: "Proxime Pompeium sedebam. Intellexi hominem moveri."</p>
</div>
<div class="footnote">
<p><a name="Footnote_228_228" id="Footnote_228_228"></a><a href=
"#FNanchor_228_228"><span class="label">228</span></a> Ibid.:
"Quo modo ἐνεπερπερευσάμην, novo auditori Pompeio."</p>
</div>
<div class="footnote">
<p><a name="Footnote_229_229" id="Footnote_229_229"></a><a href=
"#FNanchor_229_229"><span class="label">229</span></a> Mommsen,
book v., chap. vi. This probably has been taken from the statement
of Paterculus, lib. ii., 40: "Quippe plerique non sine exercitu
venturum in urbem adfirmabant, et libertati publicæ statuturum
arbitrio suo modum. Quo magis hoc homines timuerant, eo gratior
civilis tanti imperatoris reditus fuit." No doubt there was a dread
among many of Pompey coming back as Sulla had come: not from
indications to be found in the character of Pompey, but because
Sulla had done so.</p>
</div>
<div class="footnote">
<p><a name="Footnote_230_230" id="Footnote_230_230"></a><a href=
"#FNanchor_230_230"><span class="label">230</span></a> Florus,
lib.ii., xix. Having described to us the siege of Numantia, he goes
on "Hactenus populus Romanus pulcher, egregius, pius, sanctus atque
magnificus. Reliqua seculi, ut grandia æque, ita vel magis turbida
et fœda".</p>
</div>
<div class="footnote">
<p><a name="Footnote_231_231" id="Footnote_231_231"></a><a href=
"#FNanchor_231_231"><span class="label">231</span></a> We have
not Pollio's poem on the conspiracy, but we have Horace's record of
Pollio's poem:</p>
<div class="poem">
<div class="stanza"><span class="i0">Motum ex Metello consule
civicum,</span> <span class="i0">Bellique causas et vitia, et
modos,</span> <span class="i3">Ludumque Fortunæ, gravesque</span>
<span class="i4">Principum amicitias, et arma</span> <span class=
"i0">Nondum expiatis uncta cruoribus,</span> <span class=
"i0">Periculosæ plenum opus aleæ,</span> <span class=
"i3">Tractas, et incedis per ignes</span> <span class=
"i4">Suppositos cineri doloso.—Odes, lib. ii., 1.</span></div>
</div>
</div>
<div class="footnote">
<p><a name="Footnote_232_232" id="Footnote_232_232"></a><a href=
"#FNanchor_232_232"><span class="label">232</span></a> The German
index appeared—very much after the original work—as
late as 1875.</p>
</div>
<div class="footnote">
<p><a name="Footnote_233_233" id="Footnote_233_233"></a><a href=
"#FNanchor_233_233"><span class="label">233</span></a> Mommsen,
lib. v., chap. vi. I cannot admit that Mommsen is strictly
accurate, as Cæsar had no real idea of democracy. He desired
to be the Head of the Oligarchs, and, as such, to ingratiate
himself with the people.</p>
</div>
<div class="footnote">
<p><a name="Footnote_234_234" id="Footnote_234_234"></a><a href=
"#FNanchor_234_234"><span class="label">234</span></a> For the
character of Cæsar generally I would refer readers to
Suetonius, whose life of the great man is, to my thinking, more
graphic than any that has been written since. For his anecdotes
there is little or no evidence. His facts are not all historical.
His knowledge was very much less accurate than that of modern
writers who have had the benefit of research and comparison. But
there was enough of history, of biography, and of tradition to
enable him to form a true idea of the man. He himself as a narrator
was neither specially friendly nor specially hostile. He has told
what was believed at the time, and he has drawn a character that
agrees perfectly with all that we have learned since.</p>
</div>
<div class="footnote">
<p><a name="Footnote_235_235" id="Footnote_235_235"></a><a href=
"#FNanchor_235_235"><span class="label">235</span></a> By no one
has the character and object of the Triumvirate been so well
described as by Lucan, who, bombastic as he is, still manages to
bring home to the reader the ideas as to persons and events which
he wishes to convey. I have ventured to give in an Appendix, E, the
passages referred to, with such a translation in prose as I have
been able to produce. It will be found at the end of this
volume.</p>
</div>
<div class="footnote">
<p><a name="Footnote_236_236" id="Footnote_236_236"></a><a href=
"#FNanchor_236_236"><span class="label">236</span></a>
Plutarch—Crassus: καὶ συνέστησεν ἐκ τῶν τριῶν ἰσχὺν ἄμαχον.</p>
</div>
<div class="footnote">
<p><a name="Footnote_237_237" id="Footnote_237_237"></a><a href=
"#FNanchor_237_237"><span class="label">237</span></a> Velleius
Paterculus, lib. ii., 44: "Hoc igitur consule, inter eum et Cn.
Pompeium et M. Crassum inita potentiæ societas, quæ urbi orbique
terrarum, nec minus diverso quoque tempore ipsis exitiabilis fuit."
Suetonius, Julius Cæsar, xix., "Societatem cum utroque
iniit." Officers called Triumviri were quite common, as were
Quinqueviri and Decemviri. Livy speaks of a "Triumviratus"—or
rather two such offices exercised by one man—ix., 46. We
remember, too, that wretch whom Horace gibbeted, Epod. iv.: "Sectus
flagellis hic triumviralibus." But the word, though in common use,
was not applied to this conspiracy.</p>
</div>
<div class="footnote">
<p><a name="Footnote_238_238" id="Footnote_238_238"></a><a href=
"#FNanchor_238_238"><span class="label">238</span></a> Ad Att.,
lib.ii., 3: "Is affirmabat, illum omnibus in rebus meo et Pompeii
consilio usurum, daturumque operam, ut cum Pompeio Crassum
conjungeret. Hic sunt hæc. Conjunctio mihi summa cum Pompeio; si
placet etiam cum Cæsare; reditus in gratiam cum inimicis, pax
cum multitudine; senectulis otium. Sed me κατακλείς mea
illa commovet, quæ est in libro iii.</p>
<div class="poem">
<div class="stanza"><span class="i0">"Interea cursus, quos prima a
parte juventæ</span> <span class="i0">Quosque adeo consul virtute,
animoque petisti,</span> <span class="i0">Hos retine, atque, auge
famam laudesque bonorum."</span></div>
</div>
</div>
<div class="footnote">
<p><a name="Footnote_239_239" id="Footnote_239_239"></a><a href=
"#FNanchor_239_239"><span class="label">239</span></a> Homer,
Iliad, lib. xii., 243: Εἶς οἰωνὸς ἄριστος ἀμύνεσθαι περὶ πάτραες.</p>
</div>
<div class="footnote">
<p><a name="Footnote_240_240" id="Footnote_240_240"></a><a href=
"#FNanchor_240_240"><span class="label">240</span></a>
Middleton's Life of Cicero, vol. i., p. 291.</p>
</div>
<div class="footnote">
<p><a name="Footnote_241_241" id="Footnote_241_241"></a><a href=
"#FNanchor_241_241"><span class="label">241</span></a> Pro Domo
Sua, xvi. This was an oration, as the reader will soon learn more
at length, in which the orator pleaded for the restoration of his
town mansion after his return from exile. It has, however, been
doubted whether the speech as we have it was ever made by
Cicero.</p>
</div>
<div class="footnote">
<p><a name="Footnote_242_242" id="Footnote_242_242"></a><a href=
"#FNanchor_242_242"><span class="label">242</span></a> Suetonius,
Julius Cæsar, xx.</p>
</div>
<div class="footnote">
<p><a name="Footnote_243_243" id="Footnote_243_243"></a><a href=
"#FNanchor_243_243"><span class="label">243</span></a> Ad Att.,
lib.ii., 1: "Quid quæris?" says Cicero. "Conturbavi Græcam
nationem"—"I have put all Greece into a flutter."</p>
</div>
<div class="footnote">
<p><a name="Footnote_244_244" id="Footnote_244_244"></a><a href=
"#FNanchor_244_244"><span class="label">244</span></a> De
Divinatione, lib. i.</p>
</div>
<div class="footnote">
<p><a name="Footnote_245_245" id="Footnote_245_245"></a><a href=
"#FNanchor_245_245"><span class="label">245</span></a> Ad Quin.
Fratrem, lib.i., 1: "Non itineribus tuis perterreri homines? non
sumptu exhauriri? non adventu commoveri? Esse, quocumque veneris,
et publice et privatim maximam lætitiam; quum urbs custodem non
tyrannum; domus hospitem non expilatorem, recipisse videatur? His
autem in rebus jam te usus ipse profecto erudivit nequaquam satis
esse, ipsum hasce habere virtutis, sed esse circumspiciendum
diligentur, ut in hac custodia provinciæ non te unum, sed omnes
ministros imperii tui, sociis, et civibus, et reipublicæ præstare
videare."</p>
</div>
<div class="footnote">
<p><a name="Footnote_246_246" id="Footnote_246_246"></a><a href=
"#FNanchor_246_246"><span class="label">246</span></a> Ad Quin.
Fratrem, lib. i., 1: "Ac mihi quidem videntur huc omnia esse
referenda iis qui præsunt aliis; ut ii, qui erunt eorum in imperio
sint quam beatissimi, quod tibi et esse antiquissimum et ab initio
fuisse, ut primum Asiam attigisti, constante fama atque omnium
sermone celebratum est. Est autem non modo ejus, qui sociis et
civibus, sed etiam ejus qui servis, qui mutis pecudibus præsit,
eorum quibus præsit commodis utilitatique servire."</p>
</div>
<div class="footnote">
<p><a name="Footnote_247_247" id="Footnote_247_247"></a><a href=
"#FNanchor_247_247"><span class="label">247</span></a> "Hæc est
una in toto imperio tuo difficultas."</p>
</div>
<div class="footnote">
<p><a name="Footnote_248_248" id="Footnote_248_248"></a><a href=
"#FNanchor_248_248"><span class="label">248</span></a> Mommsen,
book v., ca. 6.</p>
</div>
<div class="footnote">
<p><a name="Footnote_249_249" id="Footnote_249_249"></a><a href=
"#FNanchor_249_249"><span class="label">249</span></a> Mommsen,
vol. v., ca. vi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_250_250" id="Footnote_250_250"></a><a href=
"#FNanchor_250_250"><span class="label">250</span></a> Ad Att.,
lib.ii., 7: "Atque hæc, sin velim existimes, non me abs te κατὰ τὸ πρακτικὸν quærere, quod gestiat animus aliquid
agere in republica. Jam pridem gubernare me tædebat, etiam quum
licebat."</p>
</div>
<div class="footnote">
<p><a name="Footnote_251_251" id="Footnote_251_251"></a><a href=
"#FNanchor_251_251"><span class="label">251</span></a> Ad Att.,
lib.ii., 8: "Scito Curionem adolescentem venisse ad me salutatum.
Valde ejus sermo de Publio cum tuis litteris congruebat, ipse vero
mirandum in modum Reges odisse superbos. Peræque narrabat incensam
esse juventutem, neque ferre hæc posse." The "reges superbos" were
Cæsar and Pompey.</p>
</div>
<div class="footnote">
<p><a name="Footnote_252_252" id="Footnote_252_252"></a><a href=
"#FNanchor_252_252"><span class="label">252</span></a> Ad Att.,
lib.ii., 5: Αἰδέομαι Τρῶας καὶ Τρωάδας ἑλκεσιπέπλους.—Il., vi., 442. "I fear what Mrs. Grundy would
say of me," is Mr. Tyrrell's homely version. Cicero's mind soared,
I think, higher when he brought the words of Hector to his service
than does the ordinary reference to our old familiar critic.</p>
</div>
<div class="footnote">
<p><a name="Footnote_253_253" id="Footnote_253_253"></a><a href=
"#FNanchor_253_253"><span class="label">253</span></a> Quint.,
xii., 1.</p>
</div>
<div class="footnote">
<p><a name="Footnote_254_254" id="Footnote_254_254"></a><a href=
"#FNanchor_254_254"><span class="label">254</span></a> Enc.
Britannica on Cicero.</p>
</div>
<div class="footnote">
<p><a name="Footnote_255_255" id="Footnote_255_255"></a><a href=
"#FNanchor_255_255"><span class="label">255</span></a> Ad Att.,
lib. ii., 9.</p>
</div>
<div class="footnote">
<p><a name="Footnote_256_256" id="Footnote_256_256"></a><a href=
"#FNanchor_256_256"><span class="label">256</span></a> Ibid.:
"Festive, mihi crede, et minore sonitu, quam putaram, orbis hic in
republica est conversus." "Orbis hic," this round body of three is
the Triumvirate.</p>
</div>
<div class="footnote">
<p><a name="Footnote_257_257" id="Footnote_257_257"></a><a href=
"#FNanchor_257_257"><span class="label">257</span></a> We cannot
but think of the threat Horace made, Sat., lib. ii., 1:</p>
<div class="poem">
<div class="stanza"><span class="i10">"At ille</span> <span class=
"i0">Qui me commorit, melius non tangere! clamo,</span> <span
class="i0">Flebit, et insignis tota cantabitur urbe."</span></div>
</div>
</div>
<div class="footnote">
<p><a name="Footnote_258_258" id="Footnote_258_258"></a><a href=
"#FNanchor_258_258"><span class="label">258</span></a> Ad Att.,
lib.ii., 11: "Da ponderosam aliquam epistolam."</p>
</div>
<div class="footnote">
<p><a name="Footnote_259_259" id="Footnote_259_259"></a><a href=
"#FNanchor_259_259"><span class="label">259</span></a> Josephus,
lib. xviii., ca. 5.</p>
</div>
<div class="footnote">
<p><a name="Footnote_260_260" id="Footnote_260_260"></a><a href=
"#FNanchor_260_260"><span class="label">260</span></a> Ad Att.,
lib. ii., 16.</p>
</div>
<div class="footnote">
<p><a name="Footnote_261_261" id="Footnote_261_261"></a><a href=
"#FNanchor_261_261"><span class="label">261</span></a> Ad Att.,
lib. ii., 18: "A Cæsare valde liberaliter invitor in
legationem illam, sibi ut sim legatus; atque etiam libera legatio
voti causa datur."</p>
</div>
<div class="footnote">
<p><a name="Footnote_262_262" id="Footnote_262_262"></a><a href=
"#FNanchor_262_262"><span class="label">262</span></a> De
Legibus, lib.iii., ca.viii.: "Jam illud apertum prefecto est nihil
esse turpius, quam quenquam legari nisi republica causa."</p>
</div>
<div class="footnote">
<p><a name="Footnote_263_263" id="Footnote_263_263"></a><a href=
"#FNanchor_263_263"><span class="label">263</span></a> It may be
seen from this how anxious Cæsar was to secure his silence,
and yet how determined not to screen him unless he could secure his
silence.</p>
</div>
<div class="footnote">
<p><a name="Footnote_264_264" id="Footnote_264_264"></a><a href=
"#FNanchor_264_264"><span class="label">264</span></a> Ad
Quintum, lib. i., 2.</p>
</div>
<div class="footnote">
<p><a name="Footnote_265_265" id="Footnote_265_265"></a><a href=
"#FNanchor_265_265"><span class="label">265</span></a> Of this
last sentence I have taken a translation given by Mr. Tyrrell, who
has introduced a special reading of the original which the sense
seems to justify.</p>
</div>
<div class="footnote">
<p><a name="Footnote_266_266" id="Footnote_266_266"></a><a href=
"#FNanchor_266_266"><span class="label">266</span></a> Macrobius,
Saturnalia, lib.ii., ca.i.: We are told that Cicero had been called
the consular buffoon. "And I," says Macrobius, "if it would not be
too long, could relate how by his jokes he has brought off the most
guilty criminals." Then he tells the story of Lucius Flaccus.</p>
</div>
<div class="footnote">
<p><a name="Footnote_267_267" id="Footnote_267_267"></a><a href=
"#FNanchor_267_267"><span class="label">267</span></a> See the
evidence of Asconius on this point, as to which Cicero's conduct
has been much mistaken. We shall come to Milo's trial before
long.</p>
</div>
<div class="footnote">
<p><a name="Footnote_268_268" id="Footnote_268_268"></a><a href=
"#FNanchor_268_268"><span class="label">268</span></a> The
statement is made by Mr. Tyrrell in his biographical introduction
to the Epistles.</p>
</div>
<div class="footnote">
<p><a name="Footnote_269_269" id="Footnote_269_269"></a><a href=
"#FNanchor_269_269"><span class="label">269</span></a> The 600
years, or anni DC., is used to signify unlimited futurity.</p>
</div>
<div class="footnote">
<p><a name="Footnote_270_270" id="Footnote_270_270"></a><a href=
"#FNanchor_270_270"><span class="label">270</span></a> Mommsen's
History, book v., ca. v.</p>
</div>
<div class="footnote">
<p><a name="Footnote_271_271" id="Footnote_271_271"></a><a href=
"#FNanchor_271_271"><span class="label">271</span></a> Αὐτόμαλος ὠνομάζετο is the phrase of Dio Cassius.
"Levissume transfuga" is the translation made by the author of the
"Declamatio in Ciceronem." If I might venture on a slang phrase, I
should say that αὐτόμαλος was a man who "went off
on his own hook." But no man was ever more loyal as a political
adherent than Cicero.</p>
</div>
<div class="footnote">
<p><a name="Footnote_272_272" id="Footnote_272_272"></a><a href=
"#FNanchor_272_272"><span class="label">272</span></a> Ad Att.,
ii., 25.</p>
</div>
<div class="footnote">
<p><a name="Footnote_273_273" id="Footnote_273_273"></a><a href=
"#FNanchor_273_273"><span class="label">273</span></a> We do not
know when the marriage took place, or any of the circumstances; but
we are aware that when Tullia came, in the following year, <span
class="smcap">b.c.</span> 57, to meet her father at Brundisium, she
was a widow.</p>
</div>
<div class="footnote">
<p><a name="Footnote_274_274" id="Footnote_274_274"></a><a href=
"#FNanchor_274_274"><span class="label">274</span></a> Suetonius,
Julius Cæsar, xii.: "Subornavit etiam qui C. Rabirio
perduellionis diem diceret."</p>
</div>
<div class="footnote">
<p><a name="Footnote_275_275" id="Footnote_275_275"></a><a href=
"#FNanchor_275_275"><span class="label">275</span></a> "Qui civem
Romanum indemnatum perimisset, ei aqua at igni interdiceretur."</p>
</div>
<div class="footnote">
<p><a name="Footnote_276_276" id="Footnote_276_276"></a><a href=
"#FNanchor_276_276"><span class="label">276</span></a>Plutarch
tells us of this sobriquet, but gives another reason for it,
equally injurious to the lady's reputation.</p>
</div>
<div class="footnote">
<p><a name="Footnote_277_277" id="Footnote_277_277"></a><a href=
"#FNanchor_277_277"><span class="label">277</span></a> Ad Att.,
lib. iii., 15.</p>
</div>
<div class="footnote">
<p><a name="Footnote_278_278" id="Footnote_278_278"></a><a href=
"#FNanchor_278_278"><span class="label">278</span></a> In
Pisonem, vi.</p>
</div>
<div class="footnote">
<p><a name="Footnote_279_279" id="Footnote_279_279"></a><a href=
"#FNanchor_279_279"><span class="label">279</span></a> Ad Att.,
lib. x., 4.</p>
</div>
<div class="footnote">
<p><a name="Footnote_280_280" id="Footnote_280_280"></a><a href=
"#FNanchor_280_280"><span class="label">280</span></a> We are
told by Cornelius Nepos, in his life of Atticus, that when Cicero
fled from his country Atticus advanced to him two hundred and fifty
sesterces, or about £2000. I doubt, however, whether the
flight here referred to was not that early visit to Athens which
Cicero was supposed to have made in his fear of Sulla.</p>
</div>
<div class="footnote">
<p><a name="Footnote_281_281" id="Footnote_281_281"></a><a href=
"#FNanchor_281_281"><span class="label">281</span></a> Ad Fam.,
lib. xiv., iv.: "Tullius to his Terentia, and to his young Tullia,
and to his Cicero," meaning his boy.</p>
</div>
<div class="footnote">
<p><a name="Footnote_282_282" id="Footnote_282_282"></a><a href=
"#FNanchor_282_282"><span class="label">282</span></a> Pro Domo
Sua, xxiv.</p>
</div>
<div class="footnote">
<p><a name="Footnote_283_283" id="Footnote_283_283"></a><a href=
"#FNanchor_283_283"><span class="label">283</span></a> Ad Quin.
Fra., 1, 3.</p>
</div>
<div class="footnote">
<p><a name="Footnote_284_284" id="Footnote_284_284"></a><a href=
"#FNanchor_284_284"><span class="label">284</span></a> The reader
who wishes to understand with what anarchy the largest city in the
world might still exist, should turn to chapter viii. of book v. of
Mommsen's History.</p>
</div>
<div class="footnote">
<p><a name="Footnote_285_285" id="Footnote_285_285"></a><a href=
"#FNanchor_285_285"><span class="label">285</span></a> Ad Att.,
lib. iii., 12.</p>
</div>
<div class="footnote">
<p><a name="Footnote_1_285" id="Footnote_1_285"></a><a href=
"#FNanchor_1_285"><span class="label">286</span></a> Horace, Epis.,
lib. ii., 1.</p>
</div>
<div class="footnote">
<p><a name="Footnote_2_286" id="Footnote_2_286"></a><a href=
"#FNanchor_2_286"><span class="label">287</span></a> Ad Att.,
lib. i., 8.</p>
</div>
<div class="footnote">
<p><a name="Footnote_3_287" id="Footnote_3_287"></a><a href=
"#FNanchor_3_287"><span class="label">288</span></a> Horace, Epis.,
lib. ii., 11. The translation is Conington's.</p>
</div>
<div class="footnote">
<p><a name="Footnote_4_288" id="Footnote_4_288"></a><a href=
"#FNanchor_4_288"><span class="label">289</span></a> Vell. Pat.,
lib. i., xiii.</p>
</div>
<div class="footnote">
<p><a name="Footnote_1_289" id="Footnote_1_289"></a><a href=
"#FNanchor_1_289"><span class="label">290</span></a> "Civile;" when
Sulla, with Pompey under him, was fighting with young Marius and
Cinna.</p>
</div>
<div class="footnote">
<p><a name="Footnote_2_290" id="Footnote_2_290"></a><a href=
"#FNanchor_2_290"><span class="label">291</span></a> "Africanum;"
when he had fought with Domitius, the son-in-law of Cinna, and with
Hiarbas.</p>
</div>
<div class="footnote">
<p><a name="Footnote_3_291" id="Footnote_3_291"></a><a href=
"#FNanchor_3_291"><span class="label">292</span></a>
"Transalpinum;" during his march through Gaul into Spain.</p>
</div>
<div class="footnote">
<p><a name="Footnote_4_292" id="Footnote_4_292"></a><a href=
"#FNanchor_4_292"><span class="label">293</span></a> "Hispaniense;"
in which he conquered Sertorius.</p>
</div>
<div class="footnote">
<p><a name="Footnote_5_293" id="Footnote_5_293"></a><a href=
"#FNanchor_5_293"><span class="label">294</span></a> "Servile;" the
war with Spartacus, with the slaves and gladiators.</p>
</div>
<div class="footnote">
<p><a name="Footnote_6_294" id="Footnote_6_294"></a><a href=
"#FNanchor_6_294"><span class="label">295</span></a> "Navale
Bellum;" the war with the pirates.</p>
</div>
<div class="footnote">
<p><a name="Footnote_1_295" id="Footnote_1_295"></a><a href=
"#FNanchor_1_295"><span class="label">296</span></a>For the full
understanding of this oft-quoted line the reader should make
himself acquainted with Cato's march across Libya after the death
of Pompey, as told by Lucan in his 9th book.</p>
</div>
<hr style='width: 45%;' />
<h4>END OF VOLUME I.</h4>
<pre>
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