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SUPPLEMENTED BY
CICERO
Works
2008
Microsoft Corporation
http://www.archive.org/details/cicerosketchofhiOOtaylrich
Cicero.
Capitoline
Museum, Rome.
CICERO
A SKETCH OF
2L
HIS LIFE
commentary
AND WORKS
ON THE ROMAN CONSTITUTION AND ROMAN PUBLIC LIFE, SUPPLEMENTED BY THE SAYINGS OF CICERO ARRANGED FOR THE FIRST TIME AS AN ANTHOLOGY
BY
Hannis Taylor
Hon. LL.D. of the Universities
of Edinburgh and Dublin the Catholic University of America.
and
of
AUTHOR OF "THE SCIENCE OF JURISPRUDENCE" (PRESENTED TO THE INSTITUTE OF FRANCE, MARCH 13, 1909) "THE ORIGIN AND GROWTH OF THE ENGLISH CONSTITUTION/" "THE ORIGIN AND GROWTH OF THE AMERICAN CONSTITUTION;" "INTERNATIONAL PUBLIC LAW;" "JURISDICTION AND PROCEDURE OF THE SUPREME COURT OF THE UNITED STATES." SOMETIME MINISTER PLENIPOTENTIARY OF THE UNITED STATES TO SPAIN
;
Nostra autem respublica non unius esset ingenio, sed multorum, nee
una hominis
De
Republica,
ii,
1.
Our Roman Constitution was not the product of the genius of any one man, but of that of many; it was not evolved in any one lifetime, but in the course of generations and centuries.
A. C.
CO.
Copyright
A. C. McClurg
1916
&
Co.
F.
Kpih Bunt,
MM.
BOOK
IS
THE AUTHOR
344704
PREFACE
During
aration of
stitution,
was ever present in his mind the hope that the day would come when he would be able to draw out, upon a different plan and within a narrower compass, The Origin and Growth of
there
the
Roman
b. c.
Constitution
down
to
Re-
43
An American
has said:
Webster,
Had
he stood
in the
market
place, raised
bronze
ideal of a statesman
and
In a
exclusive
sense
was
Roman
of
Constitution;
exclusive sense
spirit
was he the
Roman Repub-
U Stat
so
c'
est
moil
"Beneath every
shell there
And
behind
Rome's Republican Constitution there was in its last days a man who, as the holder, in the cursus honorum, of
every great
office in
the state,
moved every
part of
its
Vlll
PREFACE
in the
in the Senate,
gave ex-
pression to
inner spirit.
As a dead language can only be quickened into life when we hear the voices of those by whom it was once spoken, so a dead constitution can only be quickened into life when we see the acts and hear the voices of those by whom it was kept in motion. The best possible commentary upon
the
acts
Roman
and devoted
citizen
who
in a
vain
effort to
defend
it.
With
that assumption as
its
book
will at-
Roman
Republican Constitu-
who
its
typical
Never
history of a constitution so
the
the
man
as that of the
Roman
Republic
in the
With
more
made
famous
career as a
The
penetrated and
all
by
PREFACE
defending the state when Catiline struck at
its
ix
heart
that the life of Cicero and the life of the Republic, dur-
him gradually sinking with it until he disappears beneath the horizon, touched by the light of its dying glory. All that was mortal of the most gifted son of ancient Italy went down in the wreck of the Rosee
own
we
man
intellectual, the
all
most
and above
the
to
use his
own words:
is
The mind
at
with the
it is
finger.
Know,
since
rules,
remembers,
is
foresees,
same way
this
world. 2
Nothing is more remarkable concerning the public life of Rome, when we consider it in its fullness as a stage upon which both advocates and statesmen could
find opportunities for the unrestrained exercise of their
its
duration.
The
great
days of the
really be
measured by the
The mag-
professional
won renown.
2
Cicero,
De
Republica,
vi, 24.
PREFACE
It
is
brilliant era
of
Roman
his
by
death
he stood
life its
was ushered
at
its
in
hearse.
In his
history
life,
epitomized at
its
best.
The
should appeal with peculiar force to every American lawyer and statesman, embodying, as
it
does, a record of
It
is
im-
government and law, without being deeply impressed by the close resemblance between Roman public life as it existed in his time and American public life as it exists
today.
When
his
after having
won
way
into politics,
finally
becoming
first
ator,
and
sciences with
which
Ferrero
said:
is
many matters
all of the
Ancient Rome.
almost
ence
is
First of
a republic, as
Rome
was, while
differ-
European
That
is
generally
believed.
the
United
Many
by
public functions,
administration.
were
the
in
Rome,
elected
by the people.
Now, one
of
greatest
obstacles a
European
Rome
PREFACE
lies in
xi
is
accustomed to see
it
states gov-
whose
in the
offices
United
An
This difficulty does not exist American understands easily the workis
Roman
State because he
on the same
principle. 3
The author
life
and works of Cicero as unfolded herein will appeal to a far wider audience than that composed of lawyers and
statesmen; he hopes that
thinkers
it
will
commend
itself
to all
who
are
was passed on through him as a conduit between the Hellenized East and barbarous
philosopher,
Roman
Europe.
The
robed
works models of style for all time. Quintilian tells us that Livy said that he would be the best writer of Latin prose who was most 4 like to Cicero; and his ardent admirer, Gibbon, who dehis
made
was adorned
by
still
his
Cardinal
Newman
is
own hand
that
I
....
master of style
have
guages)
as I
is
Cicero.
to
owe
know,
no one
3 Ferrero, Greatness and Decline of Rome, preface to Amer. Ed., iv. 4 Gibbon, Decline and Fall of the Roman Empire, iv, p. 457.
B
Newman,
Letters
and Correspondence,
ii,
pp. 426-427.
PREFACE
And yet,
liant
and tragic
at
its
of the great
Roman
has been
esti-
mated
supreme
is
em-
No
mat-
wave of new thought, known as Stoicism, that rolled from the Orient to Athens and from Athens to Rome, was a world-philosophy or a worldreligion, it swept away the barriers between nation and
whether the
tidal
single
God who
....
is
Lord and
a Supreme Deity, who governs the world with boundless power and benevolent will, and is manifested to men as the Logos,
or "divine
Word."
By means of
God
as
new conception of
class
man
as a
all distinctions
of race, caste
and
were
God and
In the
De
Finibus
Cicero says:
There
useful to
is
its
operation, as
what may be
7
race.
6 E.
7
Roman
Cicero,
De
Finibus, v. 23.
PREFACE
Less than a century and a half before the birth of
ance "The of East and took sudden
ness
the
Christ, the
xiii
defi-
West" 8
possession of
who were completely ena turning point in the became thralled by it. That event juristic history of the world because, just at the moment when it became necessary to extend the local code of a city-state over a growing empire that aspired to universal dominion, the Stoic philosophers armed the Roman jurisconsults with their unique invention of a law of nature,
Rome,
including the jurists,
common
nature," which,
was
necessarily universal.
Out of
common
in conall
codes of
all
tions
by whose broad
into a
9
gentium
the
na-
code of
be
city
largely superseded.
could
law of a
law available for the world in genof the Republic the jus gentium
the
eral."
had assumed
first
interpreter, the
naturally
it.
With
his
mind
radiant
new
God
gentium was
first
to
Rudolph Sohm,
xiv
PREFACE
....
not to be one law for Rome, another law for Athens, one law today and another law tomorrow; but one eternal and immutable law for all nations, and for all ages, as God the common
law
all
all
10
is
one.
With
The
fact
is
*v
was the corollary of the other. Stoic ethics rested primarily not on the needs of the individual, but on the demands of the supreme law, the "universal law, bidding us to do this and refrain from that." The ultimate end of Stoicism, justly called the bridge between ancient and modern philosophical thought, was to create a good citizen, with a high-thoughted soul, who, guided by the examples of wise men, could rise above nationalism, antiquity, custom, pride, and prejudice, into the realm of universal reason and individual liberty. As we shall see hereafter, that lofty ideal of a good citizen was the weapon Cicero seized upon^when, with the zeal of an enthusiast and the power of a Titan, he essayed the impossible task of saving the Roman Republic through a social, moral, and political regeneration
of the governing classes of
Roman
society.
The
first
appeal
made in the De Republica culminated in Dream," in which the good citizen is told that
"Scipio's
....
tion,
who have
in
and enlargement of their native country, there is certainly a place in heaven, where the blessed shall enjoy eternal
life.
1X
WDe
Repub.,
Hi, zz.
^ Ibid.,
vi,
13.
PREFACE
As
the
xv
De
De
Officiis, a treatise
on practical
ethics, called
by Fred-
Great "the best work on morals that has ever been or can be written" and the Tusculanae Disputationes, on incidental questions concerning ethics, in which
erick the
;
De
Re-
from
moral and
social,
it
political point
less
of view.
Thus
that
as
vexed
a practical states-
man and
in the
presence of a rapidly
crisis, was striving to save from wreck and ruin an ancient popular constitution whose life depended absolutely upon the virtue and patriotism of its
approaching
citizens.
rewards
in a
higher
life
beyond
the grave.
Armed
with the
new
Stoic conception of a
logic in
single, law-creating
which the
like Plato,
and convincing power which a pantheistic philosopher not so armed, had never been able to impart
to such thoughts.
Therefore, for
to
many
and
me
to be divine
on
this account,
because
xvi
PREFACE
the soul of the best and wisest has such anticipation of a future
state of being, that
it
seems to center
its
In another:
For we have not been framed or created without design nor by
chance, but there has been truly some certain power, which had in
when
it
had completed
;
should then
is
In
still
another:
no annihilation, carrying
if
Death
is
off
it,
may
so describe
life.
an alteration
in
our manner of
14
Finally, he declares:
I
is
for, if there
a survival of consciousness,
;
must be considered
is
while
if
consciousness
destroyed,
are uncon-
we
.... There
is
where the
16
Endowed
move
as immortalities in
die,
power
man
New
Ibid.,
15 16
i,
Familiares, v, 16. Repub., vi, 13: "Certum esse in caelo definitum locum, ubi beati aevo sempiterno fruantur."
Cicero,
Ad
De
PREFACE
of
St.
xvii
Paul.
The
Paul.
who gave
form and
tian theology
and
ethics should
who had
fell
first
from the
fluence
in
World?
Beginning with
in-
reached
its
high-water
mark
St.
in
the
writings
of
St.
Ambrose,
the
St.
Jerome, and
Augustine.
The
first
new
Chris-
was an
and
undertook to supdis-
in his
De
Officiis
guise
upon Cicero's
in the
De
The second
him
in a
so far lost
himself
tells
us himself, Christ
illness at
came
to
dream, during a
critical
The
third,
who
as no single
name has ever possessed such power over mind has ever made
went
more imposing
first
Rome
really
xviii
PREFACE
Cicero's leading
in
nearly
all
when the treasure house of ancient thought the Middle Ages had guarded was reopened at the dawn of the Italian Renaissance, we find him the literary idol of Petrarch who, when strangers crowded around him, asking what presents they could send him from distant lands,
invariably answered: "Nothing but the works of Cicero."
"You would was not a pagan philosopher, but a Christian Apostle, who was speaking" and Anthony
....
him
lived a hundred years later I should have suspected This some hidden knowledge of Christ's teachings pagan had his ideas of God's governance of men, and of man's
had he
of
in
his heart
it
who
life
by
unnoticed. 17
who
its
spiritual
and
eth-
ii,
pp. 322-324.
CONTENTS
CHAPTER
I
INTRODUCTION
PAGE
Twenty
centuries
of
fame and
influence;
Cicero,
"the herald
of
antiquity."
His works the unpremeditated outcome of his career; the Forum as a popular university; Tyrrell's brilliant tribute; great days of
Cicero and Hortensius.
Cicero as a moral teacher;
De
Republica;
De
Legibus;
De
Finibus;
Tusculanae Disputationes ;
belong to the "classicists."
De
Officii*;
their
author
does
not
God
as source of
God and
rewards
brotherhood of man.
in a life
...
good
citizen;
definitions of immortality
6
;
Paul, Chrysip-
St.
Paul's "Stoic
;
ways
of thinking," Pantaenus,
Ambrose's Christian
Minucius Felix; Lactantius; Tertullian; ethics; St. Jerome's dream; St. Augus-
name
ethics.
of
Christ; Soliloquies;
The
City of
God;
De
Stoic
13
13
on
scope
Roman law
of
Number and
inaccessible to the
14
15
many; Ruskin's comment on books made for Beneath every document there was a man;
mirror of a great transition."
time
and
15
16
17
Cicero as a wit; his charge against Volumnius; collection of witticisms circulated after his death; inventor of a philosophical ter-
minology;
anthology
his
invaluable
correspondence;
necessity
for
an
19
CHAPTER
STOIC PHILOSOPHY
II
dence a
Roman
creation
as an element in English
Roman law
as a factor in civilization
22
23
law; Grotius and the jus gentium; Cicero and the jus gentium.
City-state as defined by Aristotle
;
class of codes to
which Twelve
23
Tables belonged
24
xix
xx
Rome
CONTENTS
PACE
as a commercial metropolis; the praetor peregrinus; jus gen-
24
26 27
Law;
invention
...
27
28
effect of political and geographical changes on philosophic thought; philosophy takes the place of religion; mingling of Greek and Oriental modes of thought Zeno the founder of Stoicism; characteristics of the system; mag-
Conquests of Alexander;
29 29
nificent
notion of a
single
God;
Stoic
state
a cosmopolis;
the
31
universal
law
authority for
Stoic
32
chief
doctrine;
universal
law defined;
Stoic ethics;
summary by
good citizen Founding of Roman Stoicism; Crates, 159 B.C.; embassy of 155 B.C.; Panaetius and Scipio; Laelius; "humane" movement and Graccan reforms; the Scaevolas; Lucilius; Panaetius a reformer; influence of Stoicism on Cicero; its influence on Roman law; Cato; Brutus Making of the jus gentium; Cicero the first to describe it; Sohm's statement; praetorian edict engine of law reform; Cicero's famous
definition
36
40 40
43
Blending of jus gentium and law of nature through aequitas ; Maine's statement; tribute of Renan
43
44
CHAPTER
CICERO'S
III
GREEK CULTURE
3,
at
Arpinum January
106
B. c.
46 47
Town
of
pre. .
tense;
man
47 48
49
The town
49
;
Friendly interest of
Antonius and
Crassus
edict
against
Latin
50
51
De
Oratore
Acad-
51
emy; Plato; Aristotle; five Academic schools; Cicero's eulogy of the old Academy; Polemo; Arcesilaus; Carneades; views of
Cardinal
Newman
54 54
56
56
Philo the teacher of Cicero; claimed that Carneades had been mis-
understood; his maxims; the Stoic Diodotus; made Cicero his heir. The tour abroad, 79-78 B.C.; Athens; Antiochus of Askalon; Cicero's
description of the place of the
ism;
a passage
from the
diluted Stoic-
58
CONTENTS
PAGE
Cicero the advocate, an eclectic; Antiochus an eclectic; Cicero the philosopher a Stoic, without a formal announcement of the fact;
59
xxi
De
62
62
mind
finally
dream nor
;
vision to be
considered in isolation
fications
one supreme
God
little
gods as personi-
of physical forces;
advanced beyond Plato by the aid of Stoicism; early Christian and Petrarch. From Athens to Asia; description of his tour; Antiochus and Demetrius; Asiatic rhetoricians; Molo of Rhodes Posidonius; Greek Memoir on Cicero's consulate; visit to Delphi.
fathers
.
67
67
68
69
CHAPTER
THE ROMAN BAR IN
IV
TIME
70 70 70
CICERO'S
At
assumed the toga virilis; presented by his father to Scaevola the augur Family of the Mucii and gratuitous law teaching; the open house of the jurisconsult; duties of a law student; tribute to Quintus Mucius in the De Oratore; Twelve Tables superseded by the edict in law teaching Scaevola the pontifex maximus; father of Roman law because its
the age of sixteen Cicero
first
72
72
reform
Cicero's resolve to
73
as a step-
74
76
ping-stone;
the
discus-
...
Advocate, robed in his toga, attended by a jurisconsult and secretary; curule chair of the praetor; the judices in criminal cases;
76
no
official
excite
and
sympathy; applause of
of Aquilius
advocate
first
made during
Milo
Cicero's con-
79
80
epicure
Hortensius and
Cicero;
Hortensius as an
and
80
arbiter of fashion;
enormous compensation despite the Lex Cincia; Cicero's estimate of Cotta and Hortensius
81
82
war;
first
contact with
Pompey
the Great
84 84
All courts closed except Commission for High Treason; great advocates
away with
the
army
war;
Sulla's return
84
85
83 B.C.;
xxii
CONTENTS
CHAPTER V
THE ROMAN CONSTITUTION
PAGE
System of government with which Cicero had
to deal
Roman
Rome
as a city-state
prodof
87 87
members
Romanus
88
Rex
Roman
Senate; appointment
89
of an interrex
90 90
The
popular assembly comitia curiata; voting curiatim Struggle of plebeians for political and legal equality;
advance
90
toward equality hastened by Servian reforms; new tribes invented for benefit of plebs; wealth primary basis of classification; registration
a religious function
its
The
93 93
comitia curiata; merely a survival in Cicero's time Criminal jurisdiction originally vested in king; boundary between
94 95
96 96
criminal
and
civil
jurisdiction
faintly
defined;
questiones
per-
petuae; each standing commission established by a special law. Procedure in civil cases; trial by battle; college of pontiffs; a sacred element necessary;
for king
Servian reforms;
office to
and
pontiffs
consuls
guardians of criminal
100
made laws
101
287 B.C.; aediles as assistants of tribunes; making of the code of the Twelve Tables; published by the consuls of 448 b. c. ;
103
praetor urbanus, 367 B.C.; administered local law; praetor peregrinus 242 B.C.; jus gentium; censor and his duties
Regimen Morum;
century
b. c.
;
of
fifth
104
by the Senate
Why
Senate a permaslave
107
nent council
labor;
the
land question;
great estates;
108
Gracchus
first
champion of proletariat;
his
reform; made tribune in 133 B.C.; his illegal acts his death; land commission; Caius Gracchus tribune, 123 B.C.;
109
CONTENTS
PAGE
Cicero's sketch of him; his scheme of reform; poor relief; established citizen colony
;
xxiii
extension of
Roman
citizenship
premature
Roman
posals;
province
115
elected
tribune, 91
B.C.;
his pro-
Social or Italian
his
War; Drusus
;
115
assassination
precipitated
the
conflict;
number
of
Sulla; all regular government suspended; head of a consul exposed on the Rostra; execution of the pontifex maximus.
.
Pompey
young Caius
119
tribune
120
reelection;
to be presented to
succeed
himself;
praetors
increased
to
eight;
quaestors
to
twenty
Control of criminal justice restored to Senate; Cicero's tribute to the
equities; assembly shorn of legislative
121
122
power; abdication of
Sulla,
new
CHAPTER
VI
ROMAN BAR
125
Defense of Publius Quinctius, Cicero's first recorded case; formula and judex; jurisconsults as intellectual guides; responsa prudentium; induced to appear by the actor Roscius; Hortensius; extracts
Roman
laid
ricidii; questiones
perpetuae; foundations of
Roscius
of
Roman
criminal law
.
.
in
Cicero's
defense
of
Ameria
Chrysogonus,
favorite
freedman of Sulla; hireling separated from the master; awoke and found himself famous First two cases important because they illustrate both civil and criminal
130
131
procedure;
catalogue
b. c.
;
of
speeches
before
the
c.
;
courts;
pro
P. Quinctio, 81
Comoedo, 76 (?)
lium, 70
b. c.
;
B. C.
pro Roscio
;
b. c.
in Caeci-
in C.
V err em,
70
B. c.
pro
M.
Fonteio,
xxiv
69
B. C.
;
CONTENTS
PAGE
pro. A. Caecina, 69
;
B. c.
B.
C.
pro C. Rabirio, 63 B. c. pro L. Murena, 63 B. c. pro P. Cornelia Sulla, 62 B. c; pro Archia, 62 B. c. pro Flacco, 59 B.C.; pro Domo Sua, 57 B. c. pro Sestio, 56 B. c. in P. Vatinium, 56 B. c. pro M.
; ;
pro C. Rabirio Postumo, 54 B.C.; pro Milone, 52 B.C.; pro Liaario, 46 B.C.; pro Rege Deiotaro, 45 b. c Basis of Cicero's fame as an advocate; defense of the actor Roscius;
a bit of ridicule;
134
134
135 136
word
picture of Roscius
Prosecution of Verres;
Sicily
dungeon at Syracuse; crucifixion of Gavius; Verres impeached at Rome, 70 B.C.; court composed entirely of senators; a pen picture of the trial of Verres; a companion picture, trial of Hastings, the English Verres; commons a grand jury of the whole realm; Burke's burning denunciation; impeachment managers; Burke, Fox, and Sheridan; acquittal of Hastings; Roman law provided no official prosecutor; Verres defended by Hortensius; Cicero employed by Sicilians as prosecutor; his attack
on
Caecilius;
his
generous
tribute
to
himself;
fifty
Cicero
ap-
August
slipped
away
to the tribunal; reform of senatorial courts; the main unspoken speeches published in five books; fiction of a "second pleading"; Cicero leader of the Roman bar at thirty-six; will not appear again as a prosecutor Defense of the poet Archias; application of lex Papiria; tributes to Archias; precise question at issue; reference to Catiline matter. Defense of Milo; Clodius killed January 18, 52 B.C.; Pompey made sole consul; Milo tried amid passions of factions; court organized under a new statute; Cicero intimidated; his speech rewritten; plea of self-defense; statement of the law; statement of the facts; picture of Clodius; an observation on life
warning
issue;
149
154
CHAPTER
VII
CICERO AS A STATESMAN
Cicero the leader of Italian middle class; his influence with that
class secured elections to office; the cursus
155
156
156
honorum; curule
aedile
for 69 B. c Terentia and her half-sister Fabia; villa above Tusculum; birth of Marcus; increase in number of residences; house on the Palatine;
professional
income;
home
life
at
man
CONTENTS
PAGE
xxv
159
The
political
opposed by Hortentius and Catulus; noble tribute to Pompey; Cicero succeeded by the aid of Caesar; supreme comspeech;
mand
vested in
Pompey
in 65 B.C.;
163
De
Petitione Consula-
163
tus; the divisor es; seven consular candidates in the field; Anto-
statute
upon Catiline and Antonius; revives the memory of Fabia how was conducted; vote taken by groups; issue decided by the vote of the groups; Cicero carried all the thirty-
five tribes; a
"new man"
consul,
167 168
Assumed
tracts
office as
January
from second speech; law abandoned; defeat of a law to by Sulla; how Cicero quelled a riot by his tact and eloquence; grim and irresistible good humor; pen picture by Ferrero
restore political rights to those proscribed
171
Prosecution
of
Rabirius;
democratic movement
pontifex maximus; the
against the
aris-
171
tocracy; Caesar
made
menace
Cicero;
of Crassus
and Caesar
Lucius Sergius
consulship;
Catiline;
his
172
offenses
against
;
impeached
173
aristocracy and
wealthy knights;
Cicero presided in
Cicero's defense of
Murena.
176
176
After second defeat Catiline cast the die; months of August and
September, 63 B.C., devoted to preparation; Manlius at the head of an army in Etruria; meeting at the house of Laeca, Novem-
ber
Fatal
6;
First
Catilinarian,
Rome never
to return;
179
intrigue with
180
of Sempronia,
2-3
;
wife of Brutus;
Third
Catilinarian,
December
excuse
for
permitting
182
Debate on the death penalty, December 5 Greenidge's question; Forsyth's view; Fourth Catilinarian
in
a grave constitutional
view;
Sihler's
view;
184
185
Mamertine;
demonstration
in
Cicero's
honor;
off
close
of
by tribune's
187
veto
empire
xxvi
CONTENTS
CHAPTER
CICERO
VIII
AND POMPEY
PAGE
188
Sulla,
Sulla's
B. c.
;
Crassus
in
71
189
supreme command in the East God of the Jews described by Tacitus Pompey's return in 62 b. c. trial of Clodius his liaison with Pompeia; Pompey's neutrality; Caesar and Cicero as witnesses; Pompeia divorced; Cicero and Clodia Clodius acquitted through bribery; Cicero's invective against him;
;
;
192
193
the
consequences
194
Pompey;
194
house on the Palatine; sources of his enormous income; contributions from Antonius; Caesar's baggage seized for
debt
196
196
Pompey's gorgeous triumph; he prepares to enter politics; Caesar's ambitions; revived moderate democratic party; proposed a quatuorvirate ; the three-headed monster born; Caesar and Bibulus consuls for 59 B.C.; another Teutonic invasion on the horizon; marriage of Pompey to Julia Caesar follows in the footsteps of his uncle Marius; Clodius his electoral agent; bill of pains and penalties against Cicero offered; Caesar and Pompey evasive; Cicero's appeal to the people; seeks safety in flight; bill passed and property destroyed; mandate of popular assembly Cicero in exile; his libera legatio; forbidden Sicily he went to
Greece;
first letter to
199
199
203 203
Quintus;
to Atticus
and
207
Terentia
visit
from
Atticus
New
a
year, 57 B.C., brought hope; motion for recall; description of Roman mob; fundamental vice in Roman constitution; only
in the
207
safeguard
4,
equivalent to
immortality
Clodius ready to renew the fight; speech in the Senate, September 5; oration Ad Quirites; the famine riots; Cicero turned from the
aristocracy to the triumvirs; oration Pro
tion
210
211
ques-
not
decided
213 213
Responsis; a critical moment in Caesar's career; meeting at Luca with Cicero; who turned to Pompey and Caesar; his feeling of humiliation Oration De Provincits Consularibus, June, 56 B.C.; Caesar kept
Oration
De Haruspicum
215
216
his
command
Crassus in
and Crassus consuls for 55 B.C.; death of 53 B.C.; Cicero chosen augur
Pompey
217
CONTENTS
PAGE
xxvii
217 219
died;
Profound impression made at Rome by Caesar's victories; two invasions of Britain and the Commentaries; Quintus in Caesar's
camp; also Cicero's friend Trebatius Break between Caesar and Pompey when Julia
"savior of society," as sole consul
;
Pompey
.
. .
219
Cicero proconsul of Cilicia for 51 B.C.; arrived at Athens after an absence of twenty-eight years; conspicuous honesty and humanity;
thirst for military glory; the issue
220 220
ary
4,
49
b.
Pompey's alliance with the aristocracy; contempt for Caesar's military genius; Cicero reveals his doubts and fears to Atticus; Caesar's proposal at the beginning of 49 B.C.; the ultimatum of rapidity of Caesar's advance January 6 Pompey's flight to the East; regarded by Cicero as disgraceful;
;
225
225 227 228
his appeal to
Pompey;
letters to Atticus
Formiae; his rapid conquest of Spain; Antony viceroy of Italy; Cicero went to Pompey June 7 A mission of despair; Pompey's coldness; Pharsalia, August 9, Cicero's return to Italy in October letters to Plancius, 48 B. c. Varro, and Marius
at
; ;
met Caesar
229
230
231
CHAPTER IX
CICERO AND CAESAR
Caesar after Pharsalia; returned from the East to Rome in 47 B.C.; battle of Thapsus. April, 46 B.C.; battle of Munda, March 17,
45
B. c.
;
233
foundations of the
new
imperial system
234
of the dictator-
magic wand
title
235 236
ship
"perpetual
dictatorship"
and the
impcrator ; power
. .
of the
Comitia as a local assembly; reorganization of the senate; praefectura morum; imperial legislation superseded senatorial; monarchical power under republican forms; calendar reformed; changes in the criminal law Transformation of the Roman republic into a hereditary monarchy;
Cicero's illusion as to the dead republic Beginning of coldness to Terentia neglected by her during Dyrrachium-Pharsalus campaign; ingratitude of Quintus; meeting of Cicero and Caesar, September, 47 B.C.; letter to Varro.
; .
237
239 240
240 240
242 242
Terentia divorced early in 46 B.C.; Cicero's plea; in the hands of the match-makers; a gay dinner with Volumnius and Cytheris; marries his rich ward Publilia importunate creditors
;
244
244 246
Caesar
xxviii
Caesar's sumptuary laws;
CONTENTS
PAGE
Cicero's fling at the ordinance
against
246
Death
of Tullia
formal
early in 45 B.C.; Publilia sent away without a divorce; expressions of grief to friends; harsh letter
252
from Brutus; letter from Sulpicius and Cicero's reply; condolence from Caesar; the Consolatio; profound discontent at Rome. Fall of Roman Republic should be dated from Munda, March 17, 45 B.C.; Cicero compliments Caesar on his Anticato Brutus marries Portia; a note from Cato to Cicero; the latter's estimate of Brutus; the character of his mind; won over by Caesar after Pharsalia; Caesar's love for his mother; his plans
.
.
258
tutor;
Brutus the
Hamlet of Roman politics; Cicero his drawn from earlier times; patriotic duty defined
ideals
258
Caesar's return in September, 45 B.C.; Brutus met him at Nice; Cicero's last oration as an advocate; Caesar his guest at Puteoli;
the
259 260
dinner;
mockery
of
the
ancient
constitution;
no
one
262
263
Caesar saluted as king, January 26, 44 B.C.; the stage play of February 15, carnival of Lupercalia; Cassius as a nerve force; his insidious appeals to Brutus; Brutus becomes at last the head; the ides of March; supper at the house of Cassius Cicero not one of the actual conspirators; but immediately ratified all that had been done; made himself an accessory after the fact. Cicero deprecated the lack of plan and foresight; tyrrannicides sought shelter in the Arx; Lepidus occupied the Forum; the old citizenship not asleep, but dead; Appian's statement; Froude's
insight;
265
265
Caesar's
substitute
is
necessity;
"the
tyrrany survives
dead."
269
CHAPTER X
THE DUEL TO THE DEATH WITH ANTONY
Caesar's adoption of Octavius; career of Antony; head of the state at Caesar's death; meeting of the Senate on March 17; Cicero
270
271
Truce between
. proposed a general amnesty; Caesar's will and funeral. regicides and Caesarians; Athenian settlement of
.
.
272
273
403 B.C.; necessity for the reestablishment of peace and order; futile attempt at reconciliation
CONTENTS
PAGE
Caesar's funeral conducted by Antony;
xxix
effigy
wax
displaying the
273
wounds; reading
war
275 276
away;
dead Caesar; Antony's appeal to Cicero in behalf of Sextius Clodius; he could have secured a "peaceful and honored old age"; meeting with Brutus at Antium; Cicero sails for Greece; plans changed by news from Antony; his unique position; the Ciceronians; feeling in the country towns; "my admirable Dolabella." Anthony throws off the mask; threatens Cicero; First Philippic; Antony's reply; arrival of Octavianus; meets Cicero at Cumae; allies himself with republicans and appeals to the veterans; value of professional soldiers; Cicero denounces their influence; center
Acts done
in
the
name
of the
279 279
283
power; Antony's partial success; a law for the exchange of provinces; Decimus Brutus besieged by Antony at Mutina Second Philippic; Octavian consults Cicero; he is advised to go has forces on which he can depend drift in favor of to Rome Octavian; decisive hour of Cicero's life; Second Philippic published; Antony contrasted with Caesar Third Philippic; Fourth Philippic; ambassadors to Antony, JanuFirst
military
284
285 285
289 290
of
Rome
Sulpicius
292
293
294
295 298
Marcus Brutus
Greece; collects a small army and wins successes; asks the senate to approve his action; Tenth Philippic; terrible fate of Trebonius at the hands of Dolabella; Eleventh Philippic.
in
Antony proposed in March; his insulting reply; Twelfth Philippic; siege of Mutina approaching a crisis; Cicero's effort to secure Lepidus and Plancus; Thirteenth Philippic; tribute to Sextius Pompey; further letters from Plancus. Antony's discomfiture at Forum Gallorum; death of Pansa Cicero's glorious day; Fourteenth Philippic; tribute to the Martian legion; Mars "selects the bravest from the ranks"; second and last battle of Mutina Antony and his followers proscribed semblance of victory an illusion. Antony converted defeat into victory; political power the fruit of physical force; Antony wins Lepidus; Octavian's coup d'etat; Lex Pedia de interfectoribus Caesaris; Caesarian army in possession of Rome and Italy Fate of Decimus Brutus; reconciliation of Antony and Octavian;
fresh embassy to
.
. .
298
301
302
305 306
308 308
the triumviri
xxx
CONTENTS
PAGE
dreadful expedient for payment of the army; Octavian's sacrifice
of Cicero;
why
he failed
last
to join
Decimus
in
pursuing Antony;
de-
legions
serted
when Octavian
312
313
me
die in
my
country
. .
.
have saved
lack
of
315
Fulvia
315 316
sympathy with Octavian; his tribute to Cicero; bestowed great honors on his son Marcus fought with Brutus at Philippi consul with Augustus as his colleague
;
;
317
318
Long
the
life
Cicero's misty
statement; the
Roman wife
at a
dower.
319
CHAPTER XI
TREATISES ON RHETORIC
man
contrasted; Cicero
it
320
320
321
an oak with
its
Each production the natural outcome of a particular period; conditions that prompted his first treatise on rhetoric; his works on government and law; on philosophy and theology; the correspondence. Young Marcus a recruit at the age of seventeen; courts closed by a special decree except Commission of High Treason a book
; ;
322 322
preparation as a
stylist
in
prose
Poverty of Roman letters prior to Cicero's time; Ennius; M. Porcius Cato; Cicero's grandfather; Greek learning of Antonius and
Crassus; Cicero's rhetorical training defective on the ethical side;
Latin not a philosophical language; Cardinal
323 324
Newman's
a
tribute.
326
327
The
Greek original latinized; all of Cicero's compositions on rhetoric drawn from Greek sources; how eloquence must be considered; constituent elements of a speech; constitution of the case; final arrangement of the discourse; how a document should be construed; when a
Latin
manual
addressed
to
Herennius;
329
De
Marcus;
the
330
332 332
arranged under three heads; partitiones highly scientific; illustrations of its style; quoted by Quintilian De Orator e; a letter to Atticus; a systematic work on oratory composed at the request of Quintus; "an air of grandeur and magnificence reigns throughout"; Tusculan villa of Crassus, 91 B.C.;
varied accomplishments of the perfect orator; technology of the
subject
whole
334
CONTENTS
PAGE
xxxi
first
An
Cicero
Cicero's
to
define
the
335
science
essence of
unexecuted plan;
subject;
language
in
conjunction
Comments
of Plutarch
339
and forbearance
to Cicero
340
344
Brutus de Claris Oratoribus ; sketches of all the famous orators of Greece and Rome; country no longer supported by the talents,
344
to
the
bar;
ridicule
of
345
Curio; lament over the clouded future of Brutus; Galba and Cato; Caius Gracchus; a concealed epitome of the history of
Rome
348
Ad Brutum
Orator; the perfect orator; author defines his ideal; pen picture of Demosthenes; his defense of Ctesiphon; criticisms of Aeschines; the real Attic manner; Pericles and Lysias; orations
348
of Demosthenes and Aeschines translated by Cicero; extracts from the surviving preface Topica ad C. Trebatium; a simple abstract of the Topics of Aristotle; a fling at the dead Caesar
351
352
353
CHAPTER
TREATISES
XII
De
Republica; certainly
in
the
year
51
B.C.;
not
354
more than a
third of the
;
whole survives; first book an epitome of three chief forms of government analyzed
356
Second book a review of the origin and growth of the Roman constitution; tribute to the early Kings; the great point in political science; an ideal and real commonwealth contrasted; great moral
obligations as the basis of political union; third book a collection
of disjointed fragments; "honesty the best policy"; St. Augustine's
356
God; fourth book a dissertation on duties of citizens; the on the duties of magistrates Sixth book embodies an appeal based on rewards beyond the grave;
City of
fifth
359 360
"Scipio's
Dream"
way
to
Heaven;
;
unithe
De
Legibus ; scene laid at Arpinum; conversation on justice and law; cradle spot of Marcus and Quintus; the villa in his grand-
father's time
364
xxxii
Relation between
CONTENTS
PAGE
De
Republica and
true foundations of
law and
right
De may
365
Plato followed only as to external forms; substance of the treatise drawn from Stoic sources; Cardinal Newman's statement.
. . .
First
book seeks "the origin of justice at its fountain head"; God and men associated by law; nature the fountain of justice; second book devoted to religious worship; Morabin's striking comment; source of Hooker's famous exordium third book devoted to an
;
367
exposition
of
civil
laws
first
369
De
Officiis the
conclusion of an appeal
made
in
De
Republica;
370 370
371
social
and
political degeneration;
an
ism with
liberty
Roman
Athenodorus Calvus book a threefold division of the subject; is an action absolutely good (honestum), or relatively so (utile)?; second book devoted to the utile; third book, no real conflict between honestum
utile; case of
374 374
and
influence
CHAPTER
TREATISES
XIII
The Academica, two editions; second dedicated to Varro; superiority of New Academy to Old; the senses; Academica copied on
long paper and sent to Varro at risk of Atticus
for
;
too complicated
shorthand
380
Hortensius, or
De
380
of Aristotle; dedi-
De
Finibus
Bonorum
Malorum;
in the
manner
380
cated to Brutus;
book an apology for the study of philosophy; second, an attack on the Epicureans; third, a discussion on ethics; Cato speaks for the Stoics; expresses himself as to suicide; fourth,
first
New Academy;
fifth,
the
Academy
at Athens,
79-78 B.C.; Aristotle; Piso's rejoinder for Peripatetics Tusculan Disputations; "If a man die shall he live again?"; the
383
384
first
of
death; Stoic and Platonic influences; nature of the soul; it must be eternal; second book, on the bearing of pain; third book, on the mitigation of sorrow; fourth, wise man free from perturbations; fifth, virtue sufficient to insure a happy life; every man can
create
and preserve
his
own
happiness
388
CONTENTS
PAGE
xxxm
389
its author; the moral the only good; the virtuous destitute of nothing; good and evil admit of no degrees; every fool a madman; every fool a slave; only the
wise
man
is
rich
390
Cato's 391
De
attempt to argue
away
Maximus.
392
392
Noble dissertation on immortality; death, because followed by imsoul cannot undergo dissolution mortality, not to be lamented why old age should be delightful Laelius, De Amicitia; famous "Stoic marriages"; attachment of Laelius and Scipio; friendship a complete union of feeling on all subjects; has its origin in nature; when there should be a com;
394 394
munity
in all things
of
religion;
Cicero explains
397 397
New
Balbus for
the Stoics;
Stoics,
Academy, and
399
is
Cotta's response
;
God
is
God
400
one supreme
God
gods as physical
402 402
405 405
De
reality of divination;
references to Crassus;
De
and free
406
will interdependent
CHAPTER XIV
CORRESPONDENCE AND MISCELLANEOUS WORKS
"The
city,
the city,
at
my
dear Rufus,
stick to that";
408
circulated
Rome;
ancient placards as a
means of
Caesar gave publicity to proceedings of the Senate; the Great Annals as a source of Roman history; acta diurna populi romani; the news letter; personal letters from trusted friends; epistolary
history of the last years of the
Roman
Republic
412 413
Atticus,
then
;
and 63
b. c.
splendid estimate
Letters arranged in four groups; Titus
414
Pomponius born
return to
at
Rome
money
415
grew
his
lender and
publisher at Athens;
Rome;
Cicero's
xxxiv
CONTENTS
PAGE
banker and book publisher; his parsimony; Cicero's confidence in him; his last letter to him; pen picture of Octavian; personal insolvency; Atticus survived the shipwreck Tiro, the orator's right-hand man director of the household economy; "Tertia will not come if Publius is invited"; shorthand writer and collaborator; a tender letter from Cicero; from Quintus; from Marcus the younger; Tiro, inventor of shorthand; "takes down whole periods at a breath"; Thompson on the Notae Tironianae; in a medieval dress; group of syllabic signs; manumission of Tiro, who assumed the name of Marcus Tullius; manumission of Statius by Quintus; Tiro as Cicero's literary executor; devoted remainder of very long life to his task Miscellaneous works; Oeconomica ex Xenophonte; De Consiliis suis ; De Consulate; panegyrics on Cato and Portia; Poetical works;
;
419 420
translations
from Homer
CHAPTER XV
AN APPRECIATION OF
CICERO
Cicero and
St.
Paul; a
or
Social
430
431
new
to
history of
Rome;
Italian
War
At twenty-five Cicero began
politics; leader of the Italian
his
forensic
career;
his
entry
into
432
how estimated at the time; Clodius Roman mob; Bona Dea scandal; his wailings in
of
adversity;
Judgments
occasion;
contemporaries;
to
great
the
435 436
duel
the
Philippic;
struggle for the legions; center of gravity of the state had shifted;
siege
of
Mutina
minister
of
438
Cicero
tion;
prime
his
Rome; why
success
was
impossible;
439
man
of contempla-
fruitfulness;
;
direction
of authorship
treatises
Republica;
De
Legibus ;
De
God
Officiis
442
443
treatises
and
letters.
444
445
Moral values
etiquette;
revelations as to
Roman
Cicero's contributions to
extent to
Latin tongue;
his influence
works
CONTENTS
Literary dictatorship of Virgil and Cicero; Quintilian's estimate of
XXXV
4+9
comparison
official
between
451
sumed with hatred of Cicero; speech put into mouth Animus of Appian and Dio; labored malevolence
;
of
Drumann;
452
motive of the attack; Mommsen's restatement; a typical extract; effect of Mommsen's assault a influence of Caesar worship
thing of the past
455
following compositions
Academica, 459-461.
In Verrem, 554-557Orator, 557-559-
Ad Atticum, 461-463. Ad Cornelium Nepotem, 463. Ad Familiares, 463-470. Ad Quintum Fratrem, 470, 471. Ad Quirites, 471.
Brutus de Claris Oratoribus, 471,
473.
Paradoxa, 559-562.
Philippicae, 562-569.
De De De De De De De De De De De De De De De De
Amicitia, 472-478.
Divinatione, 478-482.
Finibus, 482-485.
Haruspicum Responsis,
486.
498-522.
Oratore, 522-530.
Partitione Oratoria, 530. Philosophia, 531.
Petitione Consulatus, 531. Provinciis Consularibus, 531.
Republica, 531-537.
Senectute, 539-549.
(Somnium
Scipionis, 537"539)
Pro Pro Pro Pro Pro Pro Pro Pro Pro Pro Pro Pro Pro Pro Pro Pro Pro Pro Pro Pro
Caecina, 574.
Caelio, 575, 576. C. Rabirio, 576.
Cluentio, 576, 577.
Domo
Sua, 578.
Flacco, 578.
Lege Manilia,
Marcello, 581.
579, 580.
Milone, 581-583.
Murena,
583, 584.
Plancio, 584-586.
P. Quinctio, 586.
Rege Deiotaro,
587.
Sulla, 589.
Tullio,
590.
Fragmenta, 550.
In Catilinam, 550-553. In Pisonem, 553, 554.
Somnium
Scipionis, 537-539.
In Vatinium, 554.
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Apart from
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Roman Empire.
St.
The Cambridge
Asverus, G. A.
Augustine,
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E. P. Dutton
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Barnabei, F.
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Barone, E. Beloch, J.
Belot, E.
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1880
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Boissier,
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Botsford, G.
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Dareste, Rodolphe. Etudes d'Histoire du Droit. 1889 La Science du Droit en Grece. Larose, Paris, 1893
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Duruy,
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Dyer, T. H.
London, 1865
Erasmus, Desiderius. Ciceronianus. Translation by Izora Scott; The Columbia University Press, duction by Paul Monroe. York, 1908
Ernesti,
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intro-
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Naples, 1883
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Foster,
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Froude, A.
Caesar, a Sketch.
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Edited by
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La<w Magazine and Review, August, 1906 Gilbert, O. Geschichte und Topographie der Stadt
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Giraud,
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Expressed
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History of
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Grellet-Dumazeau. Le Barreau Romain. Paris, 1858. 2nd. ed. Grollmus, M. De M. Tullio Cicerone Poeta. Koenigsberg, 1887
Gudeman, Alfred.
Gurlitt, L.
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Romische Rechtsgeschichte. Leipzig, 1885 Semestrium ad M. Tullium Ciceronem Libri Sex. Zurich,
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Kuhn, Albert.
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The
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Miller,
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dem
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Cicero im
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ILLUSTRATIONS
PAGE
Cicero
Capitol,
Frontispiece
76 140
174
179
Quintus Hortensius
Cicero speaking in the Senate against Catiline
Temple
of
Concord
Mamertine Prison
186
188
Pompey
the
Great
Julius Caesar
232 266
Death of Caesar
Mark Antony
Brutus
270
296
Temple
of Jupiter Capitolinus
305
310
315
410
455 457
Tomb
Cicero
of Cicero
xlv
;''.
CICERO
CHAPTER
I
INTRODUCTION
After twenty centuries of fame and influence Cicero, who at a turning-point in the world's history stood second
only to Caesar himself, survives as the most important
Twenty
centuries of
fame and
influence
the
ancient and
the
modern
In
crucial test.
human thought they have not been absorbed; they have not melted down into the mass; they have not lost their identity. At the end of twenty centuries all of his more important compositions live on as distinct and familiar personalities known to all mankind. Endowed with a mind marvellous in its range and
the transmutation of
unlimited in
brilliant
its
power
to grasp
cicero"the herald of
antiquity.
1
made by
Romans, transmitted
it
to posterity
it.
modern world.
He
is
He
described
said: "History
the witness of
memory, the
teacher of
1 "Historia testis temporum, lux veritatis, vita memoriae, magistra vitae, nuntia vetustatis." Cicero, De Orator e, ii, 9.
AND WORKS
The
thoughts are embodied were the natural and unpremeditated outcome of the career of an intensely
rarely gifted
human and
time
cible
first
the cru-
His
The Forum
as a popular
university.
Roman
when
the
Forum was
a great popu-
lar university in
instruction at the
nitian,
which the
Roman
whose
hand
writers, 2
famous Ciceronian
otfr best
it
would be to secure the advocacy of it would be were there no other paper, review, or magazine but the Times, and were the leaders of the Times written by Burke and
Sheridan
They put
them
to look
on these circum-
stances with the eyes of the speaker and his party; they converted
resistance into acceptance,
2
See pp. 79, 159In his defense of Sulla, Cicero tells us (xv) that in order to arouse public opinion in his favor in the affair of Catiline he had copied and distributed the depositions of the witnesses against the conspirators. "I did not keep it [the testimony] at my own house but I caused it at once to be copied out by several clerks, and to be distributed everywhere, and published and made known to the Roman people. I distributed it all over Italy. I sent copies of it unto every province." From Pliny (Epistolae, iv, 7) we learn
3
;
that the old reformer Regulus, having lost his son, distributed 1,000 copies of his eulogy upon him to be solemnly read in the principal cities of the
Empire. These are the most striking illustrations of the multiplication of documents in the ancient world.
INTRODUCTION
they provided faith with reason, doubt with arguments, and triumph
with words.
In the great days of Cicero and Hortensius the vast Greatdaysof quadrilateral or open-air theatre known as the Forum, Cicero and
with
its
overflowed
limits
and extended
to
the surrounding
There was
eloquence
won by
first,
the Palatine
villas in
every quarter;
right to rule
the last,
and rob an Eastern province. Excepting Cicero improved every opportunity which leader-
ship of the
Roman
in return to
all time.
His marvellous
him
success
as
an advocate transformed
statesman trans-
Cicero as
r " *?
into a statesman,
and
his mission as
formed him into a philosopher, or rather into a great moral teacher who, in his later years, devoted himself
with passionate earnestness to the task of saving the
Roman
its
citizenship at a time
when
social
order was
in
danger
The
epu
citi-
appeal
made
in
the
De
Republica*
in
which the De
civil
dissension,
when
the
I
good
the many,
think citizens
in "Scipio's
Dream,"
is
told that
....
who
have
4
to the preserva-
De
Repub.,
AND WORKS
is
and enlargement of
cer5
where the
life.
On
De
Legibus.
it,
came the
De
Legibus,
in
home
to
all
citizens
who
and excellence of the state must ever depend upon the integrity and excellence of their lives and manners. As further elaborations of that civic
tion that the integrity
De
Finibus,
De
Tusculanae
Disputation es,
Tusculanae Disputationes, on
De
Officiis, a
De
Officii*.
in
the
De
Republica from the moral and social rather than from the
political point of view.
Thus
it
and guide
unvexed
silence of a student's
who,
striving to save
constitution
crisis, was from wreck and ruin an ancient popular whose strength depended absolutely upon the
its
virtue
and patriotism of
is
citizens.
life
Certainly there
problems involved
should belong
in
and law,
are called
who
It requires, no doubt, an unuTheir author scholars or "classicists." does not sual effort for one of that class to grasp its larger meaning belong
to the
"classicists."
and
modern scholar
13.
is
apt
up
in his
vi,
De
Repub.,
INTRODUCTION
to get
away from his critical and eruditional point of But Cicero had no eruditional view at all." 6
view.
No
matter whether
it
be
classicist
or publicist
who
clear-
no progress
will be
made
unless he
is
when
down
the dex-
at the
same time
which the
jurists
Rome became
completely
enthralled.
West," 7 which came to Rome by the way of Greece, undertook to sweep away the
barriers between nation and nation through the creation
ideal
God, who
is
Lord and
who governs
lent will,
divine
and
Word.'" 8
notion of a single
By that magnificent
in
God
as the source
if
God
as
not naturaHaw
the
f ? od. an "? brotherhood of man.
destiny of
man
as a
new conception of
which
all distinctions
God and
the brother-
AND WORKS
hood of man. Armed with that new Stoic conception of a single and law-creating God, and with that logic in which the Stoics were such adepts, Cicero was able to
redefine the immortality of the soul
you please,
with a distinctness and convincing power which a dreaming philosopher like Plato, not so armed, had never been
able to impart to such thoughts.
Stoic ideal
The
citizen,
good
of a good
citizen.
As we
weapon Cicero
seized
good citizen was the upon when, with, the zeal of an power of a Titan, he essayed the im-
Roman
Republic through a
classes in
Roman
society.
beyond
the grave.
He
not by chance,
but
in
who
will pro-
death."
It
is
who
came
into
it,
of
immor-
tality.
Pro
INTRODUCTION
where the good are
glorified
logical
There
is
was keener than that of Plato the explanation of his advance beyond him is to be found in the fact that he was armed with the magnificent
its
maturity long
Who
lectual
intel-
Cicero's
through the
spiritual
centuries
ethical
has
depended
a^^^*
Christian
largely
upon
its
and
undertone which
impressed
itself so
Roman
Stoicism
the
MediPaul,
Paul,
who, while of Jewish descent, was a Hellenist, speaking ch rysippus, that idiom of the Grecian Jews in which his letters were
written.
He
was brought up
at
Tarsus
in the
province
Cilicia,
whom
he
quotes. 10
much of our
provinces
Roman
derived, Cicero,
Cilicia
about
Conybeare and Howson, The Life and Epistles of St. Paul, pp. 19, cf. also, "As certain also of your own poets have said, 'For we are also His offspring.' " Acts, xvii, 28.
1,
10 Cf.
328, note 4;
AND WORKS
beyond
all
among
its
educated classes.
It
was
is
ques-
Paul's
of
....
steeped in Stoic
"Stoic
ways
thinking."
men
crowded
it
community.
criticism.
Within
it
work
all
to
do
in
might face
storms of
This effort gradually took the shape of. schools modelled upon those of the philosophic sects. Such a school was founded by an ex-Stoic named Pantaenus at Alexandria in 181 a.d.; and his
Clemens of Alexandria
(ob. c.
Not
feeling of the
Christian body. 11
The
Minucius
Felix.
first,
perhaps,
among
gem
of early Chris-
modelled on the
It
Deorum and
much
to
the
De
Divinatione.
first
Christianity
Ciceronian in
and Ciceronian
Lactantius.
in its
many
In his works
especially in
the
St.
De
De
Jerome
in his
he does
and
lit-
INTRODUCTION
tie
9
fact recogSt.
his
pagan teacher, a
Jerome,
who
is
said to have
Tertullian.
its
language
Rome
as developed
the people as
we
find
it
it
mark
in the
The
first
new
was
ian
eth -^
undertook to supply
it
in his
De
Officiis
Min-
He
deviated,
drawing
from Roman history as Cicero Testament, ingeniously sugOld had done, but from gesting in that way that all the wisdom of the pagan phiUnable losophers was already known to the Patriarchs.
his examples, not
the
to free himself
from the
and
offices,
had stated them. This well-balanced product of St. Ambrose's later years was prized and read through the
entire
Middle Ages.
St.
St.
Jerome, the contemporary and correspondent of the bishop of Milan, we find another Ciceronian who, as
In
a teacher of the classics in his remote
12
Jerome's
*
ream
monastery
words
at Beth-
In his
work De Tobia,
St.
Ambrose quotes
the
of Cato as found
in Cicero's
De
Officiis,
ii,
circa finem.
io
CICERO, A
works, which
have a certain
the
bitter
on that account.
Origen,
his
After
controversy
his love
concerning
enemy
and admiration for Cicero one of That accusation the chief accusations against him. 13 against St. Jerome was repeated, however, in a much more 14 serious form, as he tells us himself, in the famous dream
Rufinus
in
made
caring
more
His
Holy
Scripture.
"David was
to be hence-
and Severus."
Augus-
tine.
more famous Ciceronian is to be found in St. Augustine, whose theological position and influence may be said to be unrivalled, as no single name has ever exercised such power over the Christian church, as no single mind has ever made such a profound impression upon He tells us that one day he came Christian thought. across a book written by a certain Cicero whose tongue all admire but whose heart and soul few understand. Cujus linguam fere omnes mirantur, pectus non ita. That book,
still
his
Hortensius.
God
in
such a
way
that hence-
How did
13
then burn,
my God, how
Jerome, Adversus Rufinum, i, 30. Post noctium miser ego lecturus Tullium, jejunabam. crebras vigilias, post Iacrymas, quas mihi praeteritorum recordatio peccatorum ex imis visceribus eruebat, Plautus sumebatur in manus." The dream, is mentioned in the twenty-second letter to Eustochium.
14 "Itaque
INTRODUCTION
me.
knew I what Thou wouldest do with For with Thee is wisdom. But the love of wisdom is in Greek called philosophy, with which that book inflamed me
earthly things to Thee, nor
It infused into
me
not only
its
style
but
its
matter.
[He
adds] I
was thereby
Contained
everything
oi c^rist
itself
strongly roused and kindled and inflamed to love and seek and obtain and hold and embrace not this or that sect, but
wisdom
whatever
that the
it
were; and
this
alone disappointed
in
it.
me
thus enkindled,
name
of Christ
was not
15
The tremendous
form
in
impression thus
made upon
it
the
most
Roman
Stoicism in the
in his
Hortensius,
(i,
influenced his
attributes
riches
:
whole
life.
In his Soliloquies
his
10) he
Soliloquies.
to
Cicero's
influence
theory
concerning
In his book
Prorsus mihi
suasil nullo
modo appetendas
esse divitias.
De
Magislro he puts him above all other Latin writers Quid in lingua latina excellentius Cicerone inveniri potest?
In his
(iii,
Cicero
virtue
the
toward
is
and
the
greatest
It
is,
Roman
philosopher.
in his
however,
God
the latter
form of a new
ruins of the
Roman Empire
civic
that
we
find
what
is
perhaps
In
t
the
most striking
that
work
St.
Analysis of " 00
D
Republica.
De
Republica, designed
15 "Et hoc solum me in tanta flagrantia refrangebat, quod nomen Christi non erat ibi." Augustine, Confessions, iii, 6. Translation by E. B. Pusey.
12
CICERO, A
that
"Honesty
Philus
is
arguments of those
carried
who
and chicanery.
He
denies
ye.t,
in
more
vividly through the force of contrast, he pleads with the utmost ingenuity the cause of injustice against justice and endeav;
Then
no political government could expect a long duration. This point being sufficiently proved, Scipio returns to the principal discussion. He reproduces and enforces the short definition that he had given of the Commonwealth that it consisted in the
mean
sense of
common
and mutual
He
notices
how
debates
swayed with
is the common welfare, whenever it is and wisdom, whether it be subordinated to a king, an aristocracy, or a democracy. But if the king be unjust, and so becomes a tyrant, and the aristocracy unjust, which makes them a faction, or the democrats unjust, and so degenerate into revolutionists and destructives then not only the Commonwealth
that the
Commonwealth
justice
is
For
it
common
people
it
is
when
and the
itself is
utility,
In the foregoing
we have
De
16 Augustine,
INTRODUCTION
Stoic ethics,
13
as
St.
interpreted
by Cicero,
ethics
analyzed
and
Stoic ethics
s s"
accepted by
structure
g t ru
ture of
were superimposed.
Christian
Roman
pagan period with that of the first really great philosopher of the Latin church. The chasm to be bridged was narrow, because Stoic ethics as developed by Cicero were
advancing toward the standards of Christian ethics as
developed by
St.
Augustine.
Roman
Stoicism upon
its scientific
was its influence upon Roman law which drew stoic influnce on form as world law from the Stoic invention * Roman
Prior to the creation of the
law.
known
form,
governed by permanent,
uni-
and universal law flowing from a single and supreme God as its source, all codes were looked upon as
purely local creations, belonging exclusively to the citizens
In the following
explain
made
to
how
that
and narrow conception was forced to yield at Rome, under the influence of Stoic theory, to the higher conception embodied in the jus gentium, which Cicero was
the
first
to describe
when he
said
it
.... is not to be one law for Rome, another law for Athens, one law today, another law tomorrow, but one eternal and immutable law for all nations and for all ages, as God the common master and ruler of all, the author, the interpreter, the enactor of law is
one. 17
When we
estimate the
17
(
all
the
De
Repub.,
22.
14
AND WORKS
Number
and scope
of Cicero's
more than
fifty;
extant
which are:
Officiis,
works.
De
Legibus,
De
Finibus,
De
De RepubDe Natura
Claris Ora-
Deoriim,
toribus,
tute,
De De
Divinatione,
De
Oratore,
De
De
Senec-
and
is
hard
to
repress the
is
as far
mass of mankind
as
if it
The
Cicero even as
Emerson regarded
all,
the
seventy volumes in
when,
in
one of
Inaccessible
to
have read, but to compass the other thirty-five I can not." Works so extensive and profound as those of Cicero and Goethe can never be fully explored by the many; they can be viewed
ters to Carlyle, he said: "Thirty-five I
the
many.
many
light within.
When we
power to dramatize thoughts, the marvellous faithfulness and fulness of his revelations of his innermost self, the mind is tempted to believe that
for condensation, his
many of
his
Fame
has cer-
been scattered
literatures, in
able to ascertain,
INTRODUCTION
tion of his sayings, apart
15
may be
Said:
called
others, that
made
all
for
all
Books of
men
by great
we
this
They
and Life
is
short
Thus
is
constituted
open to us of people
who
will talk to us as
long as
the best
like,
talk to us in
18
their hearts.
may hold a perpetual court, as does Napoleon under dome of the Invalides, may be comforted by the thought that we may humble him by compelling him to
the
stand, hat in hand, ever ready to read to us
from
his
said:
Under every
Why
shell,
know
the man.
The
So do you study the document wag shell and the document are
man
existence.
The
in the
is
to be
found
man
Roman
was breaking down under problems imposed by a rapidly growing empire; at a time when the ancient and archaic Roman code was being superseded by the
of a city-state
jus gentium, destined to
18
city into
19 Vol.
p. I,
i6
a
CICERO, A
general;"
20
at a time
when Greek
Cicero
"the pen and mirror of a great
transition."
Roman
life.
At such
of
therefore
necessary
that
"The
Sayings
of
man
life
when
his forensic
in
enabled him to
make Latin
orations and
"He
succeeded
admirably
of the Greek
more
telian
attractive
his post-Aristo-
models."
Roman law, both on the theoretical and practical and after a reasonably thorough examination of the
ical
sides,
polit-
and
which
of
he belongs, the writer has attempted to draw, within reasonable limits, the picture existing
in his
own mind
Cicero as advocate,
philosopher,
and
patriot,
In that
way an
and
made
p. 31.
INTRODUCTION
time nor the
inclination
17
research.
for
more extended
his
men
of the world by
away from
life.
problems of
In studying the
life
Cicero as a Wlt*
who never
lost a chance to
pun or a bon mot. He was obliged to complain, as Mr. Lincoln might have complained, that all the jokes of the day were attributed to him, including the bad ones. Caesar had a standing order that all of his flashes
make
either a
B.C.,
Cnaeus Plancius we
that gained cur-
with an
to attribute to
rency in
Rome;
(Ad
vii,
fully charges
Volumnius with
In a letter to Paetus
(Ad Fam.
umnlu9
'
16)
we
was making
the ring as
it
a collection of apo-
when
by
were
which were
genuine
The
to
of
circulated
after his
lit-
death
'
expressed regret
a
more
23
judicious editing.
November,
"Cicero as a Wit," by F. W. Kelsey in The Classical Journal for 1907, p. 7 (The University of Chicago Press).
18
AND WORKS
found
in his
tarch, Quintilian,
last of
whom
says
that Plautus
of their contempoIt
is
a comfort to
know
joke at his
own
expense; and,
He
had
a very
He
heart, and there was too proud to be and in his maturer years
warm
men
like
Brutus
and Octavius.
His
life, like
environment.
He
and the poem of Lucretius, there were then in Latin no manuals of philosophy or of philosophical writings. He
Inventor of a philosophical
terminology.
was therefore compelled to invent a philosophical termino i gry f or the Romans, and to prepare a series of man, ,...,... uals which, by reason or their lucidity and beauty or style,
.
. .
by nature, prone to philosophy, which he tells us is "the fountain head of all true eloquence, the mother of all good deeds and good works."
are for
all time.
He was,
Not until
after he
had begun
life as a
writer on rhetoric
24 Macrobius, Saturnalia, iii, i, 10. For the witticisms attributed to Cicero, but not found in his works, see the Fragmenta in the editions of Cicero's works by Baiter and Kayser (vol. xi) and C. F. W. Mueller
be found not so much in the epic or lyric Herbert poet as in the comedies of Plautus and the letters of Cicero."
Paul
in
Men and
Letters, p. 246.
s'vve
26 Cicero,
Brutus,
de Claris Oratoribus,
93.
INTRODUCTION
did he begin his career as an advocate, thus producing the
19
Roman
political
bar.
The
prestige thus
won opened
the
way
to
office as
quaestor,
and
his
consul.
took up
De
De
invale corre "
,
of which
is
Roman
constitution.
As
a sidelight
we
ua
spondence.
Roman
history
would be almost
indelible impress
Above
it
all
made an
Roman
The
No
sketch of Cicero's
all
life,
as a
summary of
his acts,
Necessity
^
a"
can be at
ogy, as a
summary of
not an
Rome
breathed
its
its
last,
Cicero
made
complete inventory of
so
embalmed
as to
make
dead past
assertion
Ample proof
of that
may
be found
in the
in
is
narrow
20
AND WORKS
of
anthology
is
to state, within
narrow
what he
man.
said.
In collecting and arranging the sayings of Cicero, the time the Anthology of Cicero,
my
hope
that
we have made
good beginning
that will be
in the
and other collections, Ramage, Harbottle, and Brown, with translations taken from the best versuch as those of the
Abbe
d'Olivet,
sions,
own
investigations
and those of
enough
CHAPTER
STOIC PHILOSOPHY
II
The
If they
had
^'-id,
succeeded
pire, the
in
that
outcome might have been a great codification would have rendered the compilations of Justinian unnecessary. But the fact is that no such thing happened. The Greeks left behind them no complete or imposing legal monuments; they produced nothing which,
in
at
its full
value,
It
is
was
attained.
language ever developed the smallest capacity for producing a philosophic system of jurisprudence. 1
reserved for the
science of positive
It
was
jurispru-
Romans
to present to the r ^
Juris-
creation.
1 Of their conceptions of law and procedure we can only catch glimpses from the Homeric poems, from the fragments that remain of the Hellenic codes, from the details of law and practice found in the orations of Demosthenes and other Greek orators, from what Plato tells us in the Dialogues, the Republic, and the Laws, from the fragments of a legal treatise by Theophrastus, referred to in the first book of the Digest of Justinian, and from the outlines of public law to be traced in the Politics of Aristotle. See Rudolphe Dareste, La Science du Droit en Grece, Platon, Aristote, Theopnraste, Paris, 1893; Pollock and Maitland, History of English Law,
Introd., p. xxvii.
21
22
AND WORKS
is
strictly a
Roman
creation
as an
immor-
Roman law
as a factor in
civilization.
Next to the Christian religion, Roman law is certainly the most potent factor that has entered into modern civilization.
After
all
fair deductions
in
favor of the spheres occupied by the Chinese, Mohammedan, and Hindu law systems, the fact remains that
the
Roman and
now
cover nearly
most of the uncivilized world, the area occupied by Roman law and its dependencies being the
As an
element in English law.
her own,
has been,
from Roman
in
equity
its
Roman law
fountain
tional law.
Grotius
in its canonical
form.
And from
the
same
was drawn
Grotius, brilliant as
it
was,
and the
jus gentium.
known
to all nations
the law
Roman common
If he
was a genius, as he undoubtedly was, his genius consisted entirely of his ability to extract
regulation of the
relations
ROMAN LAW
Holy Roman Em-
23
Western Europe
to
after the
pire
had ceased
them. 3
If
it
fabricated by the
jus gentium,
is
Roman
jurisconsults
the source
not only
ilized
all
making
is
supremely important.
conspicuous
As Cicero
is
connected in a very
way with
Cicero n * *
draw
out, within
narrow
Throughout the Mediterranean world the dominant political organization was the city-state which, as city-state as e " y defined by Aristotle, was a society of men dwelling in a A ri o
form of
t
tl
walled
city,
its
to allow
it
Every
city-state
had
limits
and
tribe,
and things
in the
same
and
jurisdiction.
down
to that
epoch
which
it
was transformed
type which appeared in Greece, Italy, and on the Hellenized coast of Asia at periods similar in respect to the
See the author's International Public La<w, pp. 30, 78-81. Aristotle thought that a state should not be too large to deny to its citizens the opportunity to become familiar with each other. 'Avayicalov
4 3
fvupl^eiv d\\7j\oi>s
(
tovs iroXtras.
24
AND WORKS
Class of codes to
community. 5
which the
the
city,
first
law of the
a religious
Twelve
Tables
belonged.
administered by the
between
element
As
it
was
a foreigner.
at
Rome
own
city
with
in the
law of Rome, because that was the exclusive property of her own citizens.
Rome
as a
Rome began
to
grow
into the
commercial
metropolis.
Not without
the
foundation
Rome
men
healthful
hills,
a convenient
river
equally adapted to maritime and inland trade, the sea not too
far off to present an active international commerce, nor so near
as to expose the city to a
site in
vessels; a
it
were,
in
on purpose
world. 6
allow
the
to
the
Again,
bons:
in the equally
its
climate,
no
less
first
inhabitants,
made
The
growth
fascinates us forever, as
it
Augustine.
porticos,
5
The
theaters,
arches,
still
encumbers the
sites
of
As to these early codes, see Sir Henry S. Maine, Ancient Law, pp. 13-20 (a work which cannot be overpraised), and Pollock, Introduction and Notes
to
STOIC PHILOSOPHY AND
departed greatness, and our eyes
ROMAN LAW
richly
feast
25
sites
may
on the
to the masters
of this earth,
tions of the
new
spiritual
to rise
of
its
political
The
result of such a
influx of
foreigners to
Rome whose
r e
early as 242 B.C. 8 the appointment of the -praetor pere- The praetor
grinus, the praetor or foreigners,
,
administer justice
perearinus.
and between
As
city
such praetor could not rely upon the law of any one
for the criteria of his judgments, he naturally turned
codes of
all
the cities
Rome
marked by
many
Between the two extremes stood the best standards of comparison in the laws and customs of the Greek cities which, while varying a good
features of their own.
deal in detail
ily
is
from
city to city,
seem
to
Thus we encounter what jus gentium application of Comparative Law, ^/q^ ^3.
tiveLaw.
510 of the Varronean era. 9 Every alien, i.e., non-citizen, was, as such, absolutely barred
from the
use of any of the formal juristic acts of early Roman law. Pomponius tells us that the new magistrate derived his title from the fact that his principal
duty
was
i,
Digest,
26
AND WORKS
from the codes of all the nations with which the Romans were brought into commercial contact a body of
principles
common
to all which,
when fused
i.
into
one code,
e.,
law common
plant, the
jus gentium. 10
Before
this
new
its
maturity
a
was
fertilized
Roman
jurisconsults
from
a foreign
century or
intellectual life of
more before the fall of the Republic the Rome had passed under the dominion
and Peloponnesus,
just after they
of her subjects
in Attica
and intellectual, some uniform and universal force pervading all things that could be designated as the law of nature the embodiment of uninature, physical, moral,
versal reason.
With
the
Rome
many
cities,
was
a natural craving
In response to such a
Law
out,
and
gentium
new
creation
known
the
common
reservoir
been drawn
dence, in
all
all
c, Greek
phi-
In
10 It is clear that such a conception was well defined as early as the De Off., ill, 69-171. Cf. Professor Nettleship, on "Jus second century B.C. Gentium," Journal of Philology, xiii, 169; Voigt, Das Jus Naturale, passim; Bryce, Studies in History and Jurisprudence, pp. 583-84.
ROMAN LAW
Zenith of
,
,
27
development most perfect through the grouping r r e> e r around definite centers of the entire range of contemporary knowledge, thus affording a connected view of the world as a
whole.
More
important
idealism, the
characteristic expres-
intellectual splendor
like
was
shortoff-
Greek philosophy,
Greek
art,
being the
its loss.
Decline after
t
First
e
i
>
it
*aJ
came the blight of the Macedonian supremacy; by the battle of Chaeronea (338 B.C.) the doom of Greece was sealed; all attempts made by her to throw off that yoke ended in defeat. The Macedonian overlordship was to
yield only to that of
freedom,
in
146
B.C. the
pensation
was
broken down.
By
'
upon every
point.
Under such
conditions,
Philosophy might teach that all men were of one blood, that all were equally citizens of one empire, that morality rested on the
relation of
man
and of
social ranks;
stat-
28
AND WORKS
ing truths which had been already realized in part, and which
in part corollaries
Conquests of Alexander.
While extending Hellenism to the farthest East, the conquests of Alexander had shattered the old order of the Greek world and made way for the new order of vast territorial kingdoms destined eventually to be swallowed up in the Roman Empire. And so, as the city-state with its narrow horizon sank into the larger territorial aggregates, nationality naturally tended to become cosmopolitan.
Effect of
political
By
and
geographical changes on
philosophic thought.
The
and
of small civic
Greek the
local
loss
of
the
With
loosening of the
of
civil
and
patriotism in
wrought in the position of the individual, his tendency was to withdraw within himself, and, by ignoring the
strife
raging without, to
the barstate
riers of his
own
inner
life
inward
alone.
As
Philosophy
takes the place of
religion.
must be supplied by philosophy, not of a theoand unfruitful kind, but of such a practical kind as could supply moral uprightness and moral strength. In the midst of such conditions it was Zeno who caught
religion
retical
11
Edward
and
trans.
STOIC PHILOSOPHY AND
the practical spirit of his age
ROMAN LAW
In
all
29
he and the
of the Semitic
spirit.
The Macedonian
ascendency,
had as a compensation opened up a new world in which her energies and her thoughts could expand, securing
....
among
the nations of
which
post-Aristotelian philosophy,
forcibly
home
thorough change of
its
many
of
come from eastern countries in which vjreek and mo d es f thought. Oriental modes of thought met and mingled. 12
representatives
Greek colony
B.C., tion,
in
stoicism.
His followers,
called at
known
as Stoics
from
was
half Phoenician,
and many of
most
distin-
a religion for the oppressed, defiance; but, like Christianity, it had the requisite
Stoic Philosophy, 1915.
was primarily
are very uncertain. He is said to have been Diog., 2. 14 Alongside of the old Greek population Phoenician emigrants had settled, hence its inhabitants are sometimes called e Phoenicia profecti (De Fin., iv, 20, 56), and Zeno is himself called a Phoenician (Diog., vii, 3,
thirty
when he arrived
at Athens.
5>25, 30;
ii,
114).
3o
AND WORKS
all
the great
of
insists
the system
an unchanging
Destiny,
according to
which
of
men
or "divine
Word." .... In
its
it
does
agrees with
Buddhism
Finally,
trines
its
doc-
and guiding
and outward
characteristics
movements we
may
god
is
when
point of view
is
the deity
itself,
is
something
in
some way
distinct.
15
The key
Magnificent
notion of a single God.
is
to the
new
in
nificent notion
of a single God,
who
is
to
be found
Zeno's
first
book,
or
the
work of
political theories
always
of
small
civic
communities
olc
Discarding the
political organiza-
TlXarcwos JldKirelav.
(Hans
von Arnim,
260).
ROMAN LAW
communities, Zeno's
in
31
local
was made
to
such
way
that a
man may no
am
of Sidon,"
or "I
am
am
all distinctions
man and
the
The
is
that
it
is
world-wide,
Stoic state a
a cosmopolis.
This
title
attributed to
cosmo Ps.
"Of
the universe."
must therefore regard ourselves as members not of a clan or In this society all distinctions city, but of a world-wide society. of race, caste, and class are to be subordinated to the sense of
kinship and brotherhood. 17
We
bond of cohesion was the Logos (ratio atque oratio). 18 Reason and the universal law exist in the community from the beginning. The eternal Wisdom, through
which the primal matter took shape,
the Right Rule (6p0os
Ao'yos,
is
is,
in
another aspect,
and forbids.
"If there
a Theuniversal law.
from
Or, to put
it
in
another way,
When
called
it
known
as
Providence; or in language
less tech-
Arnold, pp. 273-75, citing Arnim, i, 262; "patriam meam esse munsciam," Seneca, Dialogues, vii, 20, 5; "membra sumus corporis magni; natura nos cognatos edidit." Epis., 95, 52.
dum
18
"ejus [societatis
humanae] vinculum
quae conciliat
inter se
16,
De
Off.,
i,
50.
32
AND WORKS
it is
in this sense
popularly
Chrysippus,
the second founder.
From Zeno we
c, who,
While only the titles and a comparatively small number of fragments of his works, said to have been not less than 750, have come down to us, it seems to be certain that, deviating from the teachings of Zeno and Cleanthes, he so expanded Stoic doctrine in every direction and with such completeness as to leave
hardly a gleaning of details for his successors to gather
up.
Cicero's
As
it:
For what
Chrysippus?
of
statement.
And
yet
we
read
also
Diogenes,
Antipater,
my own
The Diogenes
of
whom
or Babylon (Diogenes Stoicus), and succeeded Chrysippus as head of the Stoic school of Athens; and was sent
by the Athenians, 155 B.C., as one of the embassy to Rome where he is supposed to have died shortly afterDiogenes
Laertius chief authority for Stoic
ward.
tius,
He
who
wrote,
doctrine.
Greek philosophers
in
20
qui
f ulcire
putatur
porticum
Cicero,
De
Fin.,
i,
2.
ROMAN LAW
the following defiUniversal aw e ne
33
Among
such fragments
we have
'
with
23
among
jurists, practical as
The
which
"is
Stoics
were
Nature with
to
Law Law
such by mere
human
24
appointment.
when he
says:
Law
mands
reverse
is
law was born in all the ages before Law did not any law was written or state was formed when it arose, then begin to be when it was put into writing, but 25 that is to say at the same moment with the mind of God.
highest
The
Law
law
exists
of
itself
(</>wei)
it
The
writing
down
of laws
ment. 26
Notable words on
University of Oxford:
22
this
a notable
s taten
ent
Murray.
Seneca, Epictetus, Marcus who lived under the Roman Empire, are
'6\wv dioiK^aews ovri,
wv tw Ail
Kadriyefiovi
rovru
rijs
twv
p. 32,
10th ed.
De
ii,
Legibus,
6; ibid,
i,
est,
sed turn
cum
orta
Ibid,
5.
34
AND WORKS
it
We
which
call
it
"Evolution."
The Greeks
called
Phusis, a
word
we
translate
Phusis which
gradually shapes or
perfect
tries to
form
This
called the
fact
Law was
Kosmos, or "ordered world." Thus Phusis, the life of the world, is, from another point of view, the Law of Nature; it is the great chain of causation by which all events occur; for the Phusis which shapes things towards their end
movements
acts
alive,
which
is itself life.
26 *
With
all
a permanent,
things,
27
all
and
he
in
common
nature"
So widely
both
in
morality of the times and the ideals of the rival philosophical schools, that
may
The
fact
is
was the corollary of the other. Stoic ethics rested primarily, not on the needs of the individual, but on the demands of the supreme law, the "universal law, bidding us to do this and refrain from that." The fundamental canon was "to live consistently with nature," in the words
Summary by
Laertius.
summary of
Stoic ethics
is
Chrysippus on
nature,
26a
27
this point:
the end
life
is
to live in conformity to
it is
of virtue, since
to virtue
Chrysippus,
Apud
Plut.
de
Stoic. Rep., 9.
STOIC PHILOSOPHY AND
that nature leads.
ROMAN LAW
is
35
a
life
On
which conforms
to
human
our
end to a
is
own
wherein
we
do nothing that
That supreme law operated directly on man as a poand social animal, as a citizen of the cosmopolis or world-state, whose constitution was based upon indilitical
And
yet a place
A place
left for nationalism.
was
left for
it
be a monarchy,
;ments. 29
!
every
man
and
The
good
man
exists, the
supreme
as
(summum bonum),
to
bring
himself,
harmony with the whole, so that he, through virtue, may "keep company with God." 31 [The ultimate end of Stoicism was the creation of a
part of nature, into
Ideal of a
good
citizen.
good
citizen,
with
healthily
disposed
soul,
rise
who,
above
and individual
liberty.
As
politics as developed by Panaetius is preserved by Cicero in the De Republica. Cf. A. Schmekel, Die Philoso\phie der mitilercn Stoa in ilirem geschichtlichen Zusammenhange dargestellt, pp. 63, 69 Arnold, pp. 273 sq. 80 "Duas rcspublicas animo complectamur, alteram magnam et vere publicam, qua di atque homines continentur alteram, cui nos adscripsit
85.
in substance
condicio nascendi." Seneca, Dial., viii, 4, i. 31 [Virtus] "habebit illud in animo vetus praeceptum:
Ibid, vii, 15, 5.
deum
sequere."
36
AND WORKS
good
citizen
we
the
was
weapon Cicero seized upon when, with the zeal of an power of a Titan, he essayed the im-
Roman
Republic through a
classes in
Founding
of Roman Stoicism.
Roman
society.
of
Rome
in Attica
and Peloponnesus,
had yielded to the ascendency of the Stoic who were ever striving to discover in the operations of nature, physical, moral, and intellectual, some uniform and universal force pervading all things
that could be designated as the law of nature
the em-
Rome
59 B.C.
who
on
literature,
intellectual
culture of the
Embassy of
155
B.C.
West."
B.C.,
32
Then
in
155
Academics.
Rhodes,
who
in the school
and afterwards
34
The
Cicero,
De
Divinatione,
1,
3.
ROMAN LAW
37
the
first
into the
Roman constitution. 35 Panaetius was perhaps Greek who in a private capacity had any insight workings of the Roman state or into the charits
acter of
citizens,
to
Rome where
he lived for
The
Panaetius
Scipio on a
andSci P 10
death of Scipio in 129 B.C. During that period was that the noblest and most intellectual men of Rome gathered around Scipio and his Greek friends Polybius and Panaetius, forming a society permeated with the
atmosphere
humanitas.
of
Stoicism
known
to
the
Romans
as
first
Stoic
Laelius.
in his
consul in
140
in
B.C.,
appearing as the
Cicero's
De
Amicitia;
and Mummius, whose oratory was marked with the ruggedness characteristic of the Stoic sect. It was out of
4
that
the
ing Tiberius Gracchus with schemes that led to his over- forms.
35
Polybio.
38
nobis reliquissent.
[accepi]
De Repub., unum [Laelius] qui Diogenem Stoicum adulescens, post autem Panaetium audierat." De
i,
"Memineram persaepe te cum Panaetio disserere solitum coram Optimum longe statum civitatis esse eum, quern majores nostri
21.
"Publi Africani in legatione, ilia nobili Panaetium omnino comitem fuisse." Acad., ii, 2. Cf. Arnold, pp. 100-101.
37 "llle
Fin,,
ii,
8.
38
AND WORKS
who
life.
continued to exercise a
marked
The
Scaevolas.
influence
upon public
tinction
as a historian. More notable still was Q. Mucius Scaevola, the pontifex, the nephew of Mucius
Roman
Lucilius.
first
to codify
Lucilius,
it
in eighteen vol-
umes.
The
Stoic poet
was
whose teachings
as
expressed
in his satires
on religion and
"The System
that stood to
Rome more
religion"; 40
"Roman
Stoicism,"
was
in laying
great stress
upon
upon the "external duties" required of all men, wise and unwise, was to lift the older Stoicism as taught by Zeno and Chrysippus out of the stern narrowness that despised the cultivation of art and of life. His mission was to infuse into it a fresh impulse that would
ethics,
stimulate
research
in
history,
philosophy,
geography,
chronology, philology,
and law.
founders, pre-
De
ii,
37.
444, 445. 40 Hastings Crossley, M. Aurelius, iv; Pref., p. xii. 41 G. H. Rendall, M. Aurelius, Pref., p. xv.
STOIC PHILOSOPHY AND
sented
its
ROMAN LAW
Rome who,
still
39
clung,
ancestors.
In
the
forefront
of that class
stood the
Roman
As
on Cicero there
influence
can be no doubt.
Nobody *
ofS *? ,clsra
on Cicero.
De
I
Officiis.
II
that books
and
of
that
work
Panaetius
upon
duties,"
^pl
iw
Ka$rjKovrwv.
mere
is
quadam
adhibita. 43
It
beyond
at
many
drawn
changes
its
influence
classes of society,
working
way
Certain
it is
that the
its influence
had
its
beginnings
among
group of onRoman
successor of Scaevola
tor in 66 B.C.
44 45
See
De
Off.,
i,
2,
3,9;
iii,
2, 7.
"Qui juris
civilis
40
AND WORKS
of dialectic, Lucilius
enough
to
make
But
M.
new
Portius Cato,
who blended
Roman
ances-
As
patriot above
all bribes, as an orator whose plain language and short sentences could reach every mind, as a
philosopher capable of real eloquence and striking paradoxes, 47 he has stood through the ages as the most notable
illustration
in
the
Stoic
mold
Brutus.
really was.
More
ter
Brutus, the
Portia,
was M. Junius nephew of Cato, who married his daughan ardent Stoic who
stabbed
herself
in
the thigh as a practical demonstration of her worthiness to be entrusted with a political secret.
It
was
to
48
De
Finibus,
all
De Natura Deorum,
and
Tusculanae Disputationes,
Stoic doctrines.
now been
said
we may
return
tion
the common reserwas made that the jus gentium all of the finer conbeen drawn voir from which have cepts of modern jurisprudence, in all codes, national and
46
Brut.,
xl.
"Cato dumtaxat de magnitudine animi, de morte, de omni laude virCicero, Paratutis, Stoice solet, oratoriis ornamentis adhibetis, dicere." doxa Sto., 3. 48 "Tu, [Brute] qui non linguam modo acuisses exercitatione dicendi, sed et ipsam eloquentiam locupletavisse graviorum artium instrumento."
Brut., 97.
STOIC PHILOSOPHY
international
41
body of by the comparative method from the codes of all the states with which Rome came into commercial contact, and a certain invention of the Stoic phithe product of a fusion of a
principles extracted
was
losophers
known
as the
common
nature."
As
which governed
imposing
and
convenient
theory
the
Stoic
philoso-
Roman
moment
when
became necessary to extend the local law of a city-state over a growing empire that aspired to universal
it
dominion.
The body
of
common
Rome was
(jus
tinct
in
commercial contact
was something entirely separate and disfrom the indigenous code (jus civile) which the Roman state had established for itself. It was the new
gentium)
was
woven
into
it
the
law
at once
universal.
tium
had assumed
great expounder, the master of expression, the author of !2m?|J*" the first philosophic treatises in the Latin tongue naturally fell the duty of describing
it.
the
Cicero the
He
the
said:
There
a closer
is
a closer tie
between those
who
of
are of the
same nation
state.
tie
between those
who
law of
are
same
Our
citizens
which
is
42
AND WORKS
49
of the law of the nations, whereas that which belongs to the law
law of
citizens also.
The
last sentence
embodied a prophecy.
The law
it
of
law of the
consume
it.
Rome
civile
was was
Sohm's
statement.
so enriched
largely
superseded.
could
be
said:
law of the
in
city
had
5C
general."
gentium gained,
admittance into
the
Praetorian edict an engine of law reform.
Roman
civil
law, which
rapidly permeated.
The
civile
were displaced
in
opposition to the
growth did not suddenly sweep away the jus civile. As a system of equity it was gradually elaborated alongside of the older and stricter
yet
its
And
law
in a process of
of more than
five centuries.
law was to be
in the
time to come.
52
ment of the
49 "Itaque
De
Republica
preserved by Lactantius he
Quod
50
61
civile,
esse debet."
De
majores aliud jus gentium, aliud jus civile esse voluerunt. non idem continuo gentium, quod autem gentium, idem civile
Off.,
iii,
17.
Sohm,
p. 86.
sq.
"Nee erit alia lex Romae, alia Athenis, alia nunc, alia posthac, sed et omnes gentes et omni tempore una lex et sempiterna et immutabilis continebit, unusque erit communis quasi magister et imperator omnium deus,
ille legis,
82
ROMAN LAW
:
43
the law
It
is
common
not to be one law for Rome, another law for Athens, one
Cicero's
f amous
law today, another law tomorrow, but one eternal and immutable
law for
the law
all
and ruler of
God
the
common master
is
one.
Here we have
nature
identical,
most emphatic
says,
asser-
law of
the
as
Chrysippus
with
Zeus,
What was the exact point of contact between the old Jus Blending of Gentium and the Law of Nature? I think that they touch and J us ffenttum blend through Aequitas, or Equity in its original sense; and here nature we seem to come to the first appearance in jurisprudence of this through
famous term, "equity."
52a
aequitas.
Even
in
them
In that
way
was clothed with a higher authority, a philosophic dignity which tended to obscure its humble origin as a mere
division of private law.
To
that cause
may
be attrib-
uted the fact that the term jus gentium was, in a few
exceptional cases, used out of
to indicate a
its
nations in the
commune
5*
And
so
it
may
id est gentium."
De
Off.,
i,
54
"Hoc vos
Liv.
23.
ix,
11.
"Populum
Romanum neque
prohibuerit."
neque pro bono facturum, si ab jure gentium se Bellum Jugurthinum, c. xxii. Cf. Nettleship, Journo. 26.
xiii,
44
AND WORKS
Roman
jurists a
from which
all
or contents, of which
effort to give to the
is
of universal application."
The
was never
successful.
the
was not the extravagant interpretation of Ulpian, but more restricted and more reasonable one of Gaius, 56 that finally determined its meaning in the time of the
Antonines.
Maine's
statement.
As
Sir
it:
At
were able to obtain for it the enthusiastic assent of Europe, ar assent which has been over and over again renewed in evei Having adopted from the variety of solemn engagement Antonine jurisconsults the position that Jus Gentium and the Jus Naturae were identical, Grotius, with his immediate predecessors
and
his
Law
of
Nature an
claimed for
authority
it,
if
which would never perhaps have beer "Law of Nations" had not in that age been ar
ambiguous
Natural
process
expression.
is
They
laid
down
to
unreservedly
that
Law
our
own
day, the
"Le
que
maximes,
en avait
peut
le
le droit naturel,
le
la raison
Le
droit
inseparable de la bienfaisance.
p. 6.
" Holland,
56 Inst., i, i. 87 Maine,
Inst.,
i,
2,
2.
pp. 95-96.
ROMAN LAW
oeuvre.
45
d'Antonin
continuerent
la
merae
Le
dernier
fait
[Volusius Moecianus]
jurisprudence,
et,
fut le maitre de
Marc-Aurele en
de
humaines
du droit antique
et firent,
un
peuples civilises."
58
"
CHAPTER
CICERO'S
III
GREEK CULTURE
to
way the intellectual conditions surrounding life at Rome, on its philosophic and juristic sides, when Marcus Tullius Cicero, the predestined leader
of the
Roman
bar,
was born
to a family of equestrian
Paternal grandfather.
rank, the upper-middle class, on his Arpinum, on January 3, 106 B.C. His paternal grandfather Marcus,
father's estate at
still
living
when
who opposed
by ballot
franchise
all
tion of vote
into
Father.
some time before. 1 He so hated the Greeks as to say that his countrymen were like Syrian slaves the more Greek they knew, the greater rascals they were. His father, also called Marcus, a retiring
the
Roman
among
two
From
his
estate,
where
his
sons,
brother Quintus. 2
man
the De Legibus, Hi, 16, 36, we learn that "our grandfather, a of singular virtue in this town of Arpinum, as long as he lived
opposed Gratidius (whose sister, our grandmother, he had married) when he wanted to introduce the law of ballot. For Gratidius was raising a storm in a ladle, as the proverb is, as his son Marius afterward did in the
Sea. To such length did the quarrel proceed, that the consul Scaurus, when he was informed of what had happened, made this remark of our grandfather: 'Would to heaven, Cicero, that a man of your courage and honor had better loved to live in the capital of our commonwealth than to bury yourself in a municipal town.' 2 In De Orat., ii, t, Cicero speaks of his father as "optimi ac prudentis-
Aegean
simi viri."
46
CICERO'S
GREEK CULTURE
Mother
47
mother Helvia we know only that she was a lady well born (so says Plutarch) and that she was a shrewd thrifty housewife who used to seal up all the wine jars
Of
his
when they were empty, in order that the claim might not be made that some were empty, when 3 in fact they had been drained clandestinely. The town of Arpinum was situated on the Volscian Town of hills that divide Latium from Campania at the point ^j"?
in the
house, even
it
seems that
meant originally "spring" or "rivulet." 4 The family name of Cicero was probably derived from some ancestor who had cultivated the vegetable called cicer, if it was not derived from a forebear who took his name from a wart or carbuncle on his nose. When upon the threshold of his political career the youthful advocate was
advised to change his name, Plutarch says that he haught-
would make it more famous than the names of the Catuli and Scauri. Scorning all false pretense,
ily
replied that he
Cicero
he sneered at the attempt to trace his pedigree to Attius JJf^j,, Tullius, 5 the Volscian king of old; and he said it would pretense.
if
he claimed descent
from Manius Tullius, a patrician consul shortly after Cicero of Arpinum the expulsion of the Tarquin kings. was perfectly content with his actual lineage; he was proud of his country home, and of the sturdy stock from
which he sprang.
3
He
was
also
3a
Ad Tarn., xvi, 26. So says her son Quintus in a letter to Tiro. A name made familiar by the charming lines of Horace (Lib.
"Non rura quae Liris quieta Mordet aqua taciturnus amnis."
i,
Ode XXII)
4 "Tullios
5
alii
Festus.
alii
rivos,
alii
vehementes pro-
Plutarch, Cicero,
48
in
AND WORKS
erations.
As
the
had been leading factors for gen"most eloquent of all the sons of Roin after
mulus" expressed
Described his cradle spot.
it,
years:
I
There is one reason, however, why Arpinum, which does not apply to you
fess
am
so
fond of
this
Because, to con-
the truth,
it
is
my
brother
we
saw
still
the light.
Here
is
our
altar,
here
remain
many
in its present
at considerable expense,
under
my
engaged
in literary pursuits.
alive,
And on
this
my
grandfather was
according to the
old fashion,
was but
am
I
what
may almost
my
What were
you go-
Arpinum the true country of yourself and your brother Quintus? Have you more than one country, or any other than the Roman commonwealth in which we have a similar interest? Unless, indeed, you mean to say, that the true country of the philosophic Cato was not Rome, but
ing to say just now,
when you
A man
has two
countries.
Tusculum.
two countries
all
municipal
and the other, that of their citizenship. In the case of Cato, who had been born at Tusculum and was elected a citizen of Rome, he was a Tusculan by extraction and a Roman by citizenship; he had one country as his native place, and another
as his
country in law
It
is
we
latter,
is
the
common
country of us
all.
For
this
country
it is
that
we ought
to sacrifice
our
lives; it is to
it is
her that
reserve; and
we ought to we ought
De
CICERO'S
GREEK CULTURE
49
While the exact date can not be fixed it is certain that moved by the desire to give to his sons opportunities for education not to be had in a provincial
Cicero's father,
Rome
in
described
"profoundly learned
in
we
Pupil of the *"
do not know.
pupil,
But certain
that he did
become the
probably before 88-87 B c -> of tne P oet Archias, a Greek of Antioch, who came to Rome in 102, having
gained fame
in
his
own
prooabl before
enabled
on subjects
Under
his pupil
who
surely impressed
says that
when
honor
him the
"
a a
place of
parts,
to
his
preeminent endowments.
Certain
is
that
from
his
Reference may here be made to an interesting monograph entitled, Comparative Scheme of the Moods and Tenses in Cicero's Translations from the Greek, by Charles Henry Saylor, Johns Hopkins University
1.
5o
AND WORKS
and essays.
Fortunately for the young Marcus, his father was able
to claim the
Friendly
interest of
the
foremost at the
Antonius
(grandfather of
and Crassus.
Cicero's
mother Helvia.
Through
tion Crassus,
who was
full
was induced
The
lads
to
Greek, "as
if
It
was
this
Ahenobarbus,
in
It has
been reported to
estab-
lished a
new kind
whom
young
people meet to form classes (in ludum) ; that they have dubbed
92
B.C.
themselves Latin Rhetors; that these youths are loafing for whole:
days at a time.
Our
and what
The
new-fangled
of our
right,
j
manner
Therefore
those
seems
we ought we
who
who
are
wont
to;
11
W. Geschichte Roms nach Geschlechtern, De Oral., ii, 2. 11 The edict is preserved by Aulus Gellius, xv, 11; and
10
v, p. 213.
Suetonius,
De'
CICERO'S
GREEK CULTURE
why
the
to
51
Rome,
gives Crassus
Even Latin
pressed
risen
Explained
in
a class of persons
whom
had sup- De
Oratore.
by
my
edict,
12
when I was censor, not because I was know not who, asserted) that the abilities
their
of our youth should be improved, but because I did not wish that
their
impudence
their char-
strengthened.
knew
that these
new masters could teach youth when joined with good qualespecially so;
to be avoided,
and, in
itself,
and
as this,
therefore,
was
was taught by
became
I
make
we
in Latin; for
and the nature of things allow the ancient and excellent science
of Greece to be adapted to our customs
such a
,
work
are required
men
in this sphere;
but
if
Greeks themselves. 13
No
matter
.
how profound
t
Rome by the new world-religion as preached by the Stoic j n Panaetius and his followers may have been upon the upper classes in general and upon Roman jurists in particular, the fact
or
the
impression
made
at
Cicero's con-
representatives of the
12
13
Academic
schools, not to
ii,
For
4, 42.
De
52
AND WORKS
upon
his
mind or
life,
domain of
metaphysics or morals,
His relations
Academy.
we may dismiss Epicurus as a negligible quantity. The serious matter at issue is that involved in his relations with the Academy which, as an advocate, he woed in his youth, and which, as a statesman
and philosopher, he completely abandoned
years.
in
his later
Plato.
"Academy," was no doubt the ablest In the words interpreter of the true mind of Socrates. of Ueberweg he "combined the various elements, the, so
as the
to speak, prismatically
in a
known
spirit
And
so by far the
Aristotle.
was Aristotle of Stagira who, from the Academy, founded about 350 B.C. the school of the Peripatetics, the primary purpose of its
ablest of Plato's disciples
branching
off
founder being to introduce into philosophy, then convulsed by the disputes of the followers of Socrates, a
spirit
of reconciliation.
teacher,
the
new
opinions
we must, after collecting the various commonly held, seek the reconciling formula
is
of which each
a partial statement.
After the death of Aristotle, the Peripatetics so gravitated toward the Academics that in later centuries there
seemed
to be but
little
little
difference
between them.
The
Into
Romans found
14
but
Academy.
gained some acquaintance with them at Rome through Phaexiii, i) before he met Philo. 16 Eng. transl., vol. 1, p. 89, Grundriss der Geschichte der Philosophic Tenth ed. by K. Prachter, 1909. Translated from the 4th German ed. by G. S. Morris, 2 vols., New York, 1872-74.
drus
CICERO'S GREEK
CULTURE
lasted
53
how many
schools
was
the
Academy, which
from
Upon
recognized but two, the old and the new; Sextus Empiricus
added
fifth,
emy of Antiochus.
ity
Cicero,
who
is
the
Academic schools, pronounces following eulogy on the old Academy. After enuits
merating
leaders, he says:
From
is
their writings
and systems
may
Cicero's eu Igy
which they were masters, that no one can Academv and credit
chiefly
developed the
And
Poiemo.
"virtuous living,
nature
first
by Aristotle. 18
Polemo,
B.
c), the
Arccsilaus.
successor of Crates,
Theophrastus and
who
known; that
ability,
life
sonable defense
18
may
be made."
{Acad.,
ii,
19
According
to Cicero
xxi, 41)
6,
17;
IX,
45;
Ad M.
Brutum Orator,
17
18
De
Fin., v, 3.
conciliet, et
vetus Academia censuit (ut indicant scripta Polemonis), et Aristoteles eiusque amici hue proxime videntur accedere." Acad., ii, 42, 131. 19 [cuius] "ratio probabilis possit reddi." De Fin., iii, 17, 58. Cf. Arnold, pp. 55-63.
54
AND WORKS
sys-
who
is
called the
He was
the chief
certitude.
Newman
says
find Carneades, in conformity to the plan
Thus, although we
Stoics,
Newman.
man might
have discarded.
Clitomarchus pursued
;
Philo,
who
followed
academy
it
who embraced
fifth.
20
the doctrines of
has been
It
was
this
called fourth
when,
in his
philosophy
in earnest.
Rome
about 88
as the
Philo
new complexion on
and Carneades, as
the
to
vol.
21
i,
At
this
first
name
in the
Academy,
with
many
fled to
and
scholars,
Rome, from the fury of Mithridates, immediately became his Brut., lxxxix. and were exceedingly taken with his philosophy.
CICERO'S
GREEK CULTURE
55
make it possible to believe that while things were in their own nature knowable, they were not so by the standard
of knowledge the Stoics proposed.
And
so
it
was
afthat
had
really
22
There hadbeen"
misunder-
was held by himself, and emphasized in the discourses in which he propounded many theses of practical life, rather as problems to be proven or disproven than as a series of dogmatic axioms or maxims. Among the subjects so
treated were the following:
Whether
share in the
man
His maxims,
life
of political leaders,
man
should
offices
as an
The
actual
propositions
rather than
no real
mere abstractions whose discussion could bear fruit. Just at the time when the youthful Cicero
was being impressed by the Athenian Academician Philo, his father took into his household a Greek scholar and
teacher of the Stoic sect, Diodotus, with
idly
whom
Stoic
Diodotus.
the
the
which
it
In
It
is
sudden on
my
part.
them from
22
my
and Epicurean,
pp. 355-56;
of Cicero's Academica, by
J. S.
56
AND WORKS
which
I
I least
it;
appeal
my
which are
filled
losophers,
and
to
my
who
was
frequented
bred. 23
my
me
particularly
I
whom
When
Made
Cicero
own
in the
mansion on
whom
his heir.
was driven into exile. In a letter to Atticus Cicero says: "Diodotus is dead; he has left me
he
his heir,
made
25
The wide
attainments of this
friend embraced a
knowledge of mathein
instruction
in
logic,
science
excelled.
The tour
abroad,
79-78
B.C.
was fear of Sulla, as Plutarch says, or ill health that prompted Cicero when, in 79-78 B. c, he went abroad to seek a change of air and scene,
matter whether
it
No
accompanied by
Marcus
Piso,
and above
by
loved Atticus,
Athens
since about
the year 86 B. c. 26
Athens
He
went with his friends first to and eloquence," now only the
town of a Roman province, filled with busy idlers, as it was a century later, when, as they are described by St. Paul "All the Athenians and strangers which were there
:
tell
or to hear
3-
24 Cicero, 25 "Diedoto
tot
Ad
Atticum,
ii,
20.
quid faciam Stoico, quern a peuro audivi, qui annos, qui habitat apud me, quern et admiror et diligo?"
Academica,
mecum
vivit
H, 36.
26
Drumann, Gesch.
R'oms., vol. v, p.
8.
CICERO'S
some new thing."
was
to
in his
27
GREEK CULTURE
thing Cicero desired to hear
in
57
The new
in
favorite
order
head
( scholar chos)
of the so-called
fifth
Academy,
If
studies
begun at
Rome under
worn out
in
went so far
was possible, but possible under had so long refused to recognize. 28 In describing the famous spot in the suburbs of Athens occupied by the Academy, redolent with memories of Plato
not only that knowledge
the standard he
lecture, as I
was
Piso,
of doing,
Marcus
Cicero's descriptionof
gymnasium which
my
brother
e P lace
Quintus being with me, and Titus Pomponius, and Lucius Cicero, Academy, our cousin on the father's side as to relationship, but our brother as to affection, we determined to take our afternoon's walk in the
at that time of
we
and thence we walked half-a-dozen furlongs from the Dipylus to the Academy, beguiling the way with met
discourse on various subjects;
and when
we
Academy we
found the
we
desired
27 "When Cicero came, not long after Sulla's siege, he found the philosophers in residence. As the Empire grew, Athens assumed more and more the character of a university town. After Christianity was first preached
to the place by the embellishments and before the schools were closed by the orders of Justinian, the city which had received Cicero and Atticus as students together became the scene of the college friendship of St. Basil and St. Gregory, one of the most beautiful episodes of primitive Christianity."
was confirmed
benefactions of Hadrian.
And
1;
Conybeare and Howson, p. 322. 28 Acad. Pr., ii, 69; cf. Numenius, cited by Eusebius, Pr. Ev., xiv,
Augustinus, Contr. Acad.,
ii,
9,
6,
15;
iii,
18,
41; Hicks,
p. 357.
58
JND WORKS
first
my
mind,
whom we
person
to dispute here
man
himself before
Xenocrates, here his pupil Polemo used to walk; and the latter
used to
sit in
now
before us.
There
one,
:
is
our
senate-house (I
mean
new
always seems
I
to
me
larger)
which whenever
especially of
my own
grandfather. 29
in which Antiochus poured under the name of the "old Academy," a kind of
few of
of the
paradoxes and
its
dogmatic temper. 30
Weary
and Carneades, he excused his drift towards the Porch by demonstrating that the doctrines of the Stoics were to be found (i. e. foreshadowed) in Plato. 31
laus
}
was that
had learned
it
from
was not
As he has expressed
I,
it
in the
Academica:
A passage
from the
Academica.
You
the
have, said
Old Academy and of the Stoics with brevity, but also with great clearness. But I think it to be true, as Antiochus, a great
friend of mine, used to assert, that
as a corrected edition of the
it
is
to be considered rather
sect.
whose principles I have explained, be called the Old Academy, and this other the New; which, having continued to the time of Carneades, who was the fourth in succession after Arcesilaus, continued in the same principles and
Still
let
....
the school
29 30
De
Fin., v,
i.
visset,
Acad., ii, 22. "Erat, si perpauca mutaquae Stoici." germanissimus Stoicus." Ibid., 42, 132. See also J. S. Reid, Academica of Cicero, Introd., pp. 15-19, and notes to Acad., 39, 123, and 40, 126. Arnold, p. no. 31 Sextus Empiricus, Pyrrhoniai Hypotuposeis, 1, 235; Sihler, p. 56.
dicit
"Eadem
CICERO'S
system as Arcesilaus
GREEK CULTURE
I
59
Stoics.
Will
man
almost, in
And
very
shall
alteration,
something very
like a
Stoic.
For we must either give the to the Stoics or to the Old Academy. wise He can not belong to both for the contention between them is not one about boundaries, but about the whole territory. For the whole system
be brought to a decision.
;
now man
of
life
and those
life.
who
It
is
differ
on that point,
differ so
differ
since they
them
is
If
wrong,
patible
who
assents to an error:
is
so incom-
principles of
Zeno be
true, then
man as that. But if the we must say the same of the Old Peripatetics; and as I do not know which
I
made
Cicero the advocate
by Cicero,
it is
who was
very tempting to
an
eclectic.
works.
My
but
I
ask,
man and where, I am I to search for anything more than verisimilitude ? The characteristic of the Academy is never to interpose one's
conjecture
is
what
judgment,
to
probable,
to
compare
either
(side,
I
listeners free to
to dogmatize.
32 Acad.,
i,
12;
ii,
43.
60
AND WORKS
man
of pa-
make
a
In that capacity
a
selector,
Cicero
may
justly be
all
called
an
eclectic,
chooser from
lectual
Antiochus
ticular
weapons that best served his purpose on a paroccasion. It is no doubt true that Antiochus was
an
eclectic;
it
an
eclectic.
really
but,
stated, can
finally
Ascalon
The just and critical author(c. 12550 B. c.)." assertion makes that is careful to state at the ity who same time that
....
lows:
his
folis
given by
M. Varro
63).
(i,
10,
is
accepted by Antiochus,
1
35 to ii, 42), and the Stoic logic, defended by L. Licinius Lucullus (ii,
(bit.
ii)
as
1,
to
19,
is
In the
De Natura Deorum
by
has
the Stoic
physics
(bk.
De
a
Finibus
iii)
M.
Portius
Cato,
as
as
the
most
distinguished
of
life.
Roman who
adopted
them
standard
letter
In the
De
Officiis
when studying at Athens, and avowedly adapts the substance of the work of Panaetius already mentioned, supplementing it from a memorandum of the teaching of Posiaddressed to his son
for
him by Athenodorus
in its practical appli-
Calvus;
cations.
this
ethics
mainly
In
many
of
his
other works,
such as
Fato,
De
De
De Amicitia, De Divinatione,
That
grew
is
that as Cicero
be-
Arnold,
p. 109.
CICERO'S GREEK
CULTURE
61
came a philosopher and statesman mastered and over- Cicero the P come with the idea of regenerating the social and polit- J%2 ical fabric of a falling Republic through Stoic morality, and the Stoic conception of a life beyond the grave with
a
he became,
fact, as
thoroughly without
*^*
When
the time
came
to attempt mentof
De
Legibus, the
De
Passages
and
De
Finibus,
it
war on all forms of positive conviction. work first named Cicero says:
In opening the
My
treatise
dation of
of peoples.
\
well-consid-
which are universally received, for none are such, but principles
|
(evidently
sake,
who
its
consider
own
not in
own
nature
And
'justice
apparently
in his
As
let
to the
I
confusion,
mean
it
Academy, which puts the whole subject into utter the new Academy of Arcesilaus and Carneades,
to hold its peace.
us persuade
For, should
it
make an inroad
put into
I
we
I
consider
we
have so
of them.
skillfully
it
will
The Academy
The
did not
own, Cicero
deem
it
wise to
34
13.
62
AND WORKS
all
not for a
moment mislead
the critical
who have
only to
in
Professor
Sihler's
reviewing
statement.
makes
when he
The
says:
and Philhellene
the exordium
One
was written
was
Nature
It is impossible to
mind
finally
enveloped by Stoicism.
which
finally
soul,
was Roman
In the
there will be
Stoicism in
its
scientific
form.
made
how
it
it
he spoke seriously as a
ruled by a single
God
When
to*
define for the first time the real nature of the jus gentium A
after
it
CICERO'S
law for
all
GREEK CULTURE
God
the
63
master
and ruler of
law
common
is
one.
The voice of
Chrysippus.
is
right reason
moving through
from book
all
things,
identical
with
Zeus,
the
When we
vi,
pass
of the
De
we
find Cicero,
rapidly approaching
crisis,
striving to create
reara '
Roman
by the
men
will
good
citizens,
forms of being
Er
vision of Er.
by a wound received
in battle,
re-
turned to
life;
new
sin.
is
of
The
"God
is
blameless; man's
soul
eternally good." 37
In order, however, to obtain a complete and comprehensive view of Plato's resplendent doctrines as to the
De
See
Repub., iii, 22. A fragment preserved by Lactantius. J. Marshall, Short History of Greek Philosophy, p. 150.
64
AND WORKS
it is
In order to obtain
a complete
tions
and comprehensive view of Cicero's concepon the same subject, it is necessary to consider
dream, not
in isolation,
Scipio's
De
De Natura
Deorum.
Between the speculations of Plato, made, let us say, about 370 B.C., and those of Cicero, made between 54 B.C. and 44 B.C., there was an interval of something more
than three hundred years.
that the
During that
interval
new
world-religion
its
known
as Stoicism
By
was carried
to
who Rome
and
B.C.
29
B.C., the
And
sophical
came for Cicero to formulate in philoand theological treatises the new thought of
the question of questions involving the imlife
Rome upon
far
One
su-
preme God.
Word, whose
a
first
I.
link in the
,
By
the
swarm of
38 Cf.
little
drus, in
89
H. N. Fowler, Plato: Euthyphro, Apology, Crito, Phaedo, Phae"The Loeb Classical Library."
CICERO'S
reduced
to
GREEK CULTURE
of
physical
forces.
Little
65
gods
mere
personifications
Armed
with that
new
in
God,
ficatbnsof
physical
not so
The Roman philosopher did not hesitate to say to his fellow-man, You were born, not by chance, but in obe* dience to the law of the "Lord and Father," who will
'
'
Cicero's defi-
mtlonso
immortality.
not only care for you while you are here, but will provide for death.
rest
Whatever
exists, it is
which
feels,
conceives,
lives,
and
40
In another:
That
In another:
The
divine soul
is
its
lofty
is
home, and, so to
say,
and eternity
In another:
Therefore for
to
many
me
to be divine
chiefly
on
seems to center
its
thoughts only on
In another:
Be assured that for
40
all those
i,
who have
in
Tusc. Disp.,
27.
De
Settee, xxi.
x.
41 Sotn. Scip., 3.
43
Pro Rabirio,
66
AND WORKS
country,
blessed shall enjoy
and enlargement of
their native
where the
eternal
44
In another:
If I
am
man
is
immortal,
life lasts, to
eradicate
take delight.
But
if,
some
I shall feel
nothing,
my
error;
In another:
is to learn to die, and nothing Wherefore take my advice and let us meditate on this, and separate ourselves as far as possible from the body, that is This will be enjoying a to say, let us accustom ourselves to die. while remain on earth and when we life like that of heaven even released from these bonds, our souls will we are carried thither and spirit which has for the make their progress with more rapidity;
To
else
whatever.
it
is
more
46
many
years
In another:
For we have not been framed or created, without design nor by chance, but there has been truly some certain power, which had in view the happiness of mankind neither producing, nor maintaining a being, which, when it had completed all its labors, should
;
then sink into the eternal misery of death. Rather 47 that there is a haven and refuge prepared for us.
let
us think
Advanced
beyond Plato by the aid
of Stoicism, tj
These
lucid
dis-
advance made t spiritual r that intervene between Plato and Cicero, through the
that
The Roman
philosopher's overshad46
Tusc. Disp.,
i,
i,
31.
47 Ibid.,
47.
CICERO'S
owing
the
influence in the
GREEK CULTURE
67
making of that advance represents his Greek culture. Fortythree years before Christ came into the world Cicero
most important outcome of
passed out of
it,
expounder of
Roman
and
definite
con-
and shadowy
is
to sunlight, as
Ambrose,
St.
Jerome
Early Chris
tian Fathers
and
St.
and Petrarch.
nians.
Animated by
"You
was not a pagan philosopher, but a Christian apostle, who was speaking." During the year 79 B.C., six months of which Cicero
instruction
teacher,
Demetrius of Syria.
of Eleusis.
48
We
have
in
its
own words
its
this brief
motive, and
results:
48 In his dissertation On the Laws, ii, "Let there be no 9, he says: nocturnal sacrifices performed by women, except those which they offer according to custom on behalf of the people; and let none be initiated in
forms consecrated to Ceres, according Grecian ceremonials." Mr. Collins in his volume on Cicero, in "Ancient Classics for English Readers," says that the Eleusinian mysteries "contained under this thin veil whatever faith in the Invisible and Eternal rested in the mind of an enlightened pagan." See De Leg., ii, 14, where Cicero says: "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 initio., 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."
68
Description of his tour.
AND WORKS
to
When my
friends,
in
therefore,
engage no more
forensic causes,
When
my way
my
all
voice,
and changing
my manner
Antiochus
of speaking.
So that after
at
and
Demetrius.
Forum, I left Rome. When I came to Athens, I spent six months with Antiochus, the principal and most judicious philosopher of the Old Academy; and under that able master, I renewed those philosophical studies which I had laboriously cultivated and improved from my earliest
the bar and acquired
some reputation
in the
youth.
exercises
At
the same time, however, I continued my rhetorical under Demetrius the Syrian, an experienced and reputable
with
Asiatic
rhetoricians.
whom
if
renewed
my
rhetorical exercises.
The
is
chief of
them
was Menippus
and
to be neither tedious
nor impertinent
the characteristic
class.
of an Attic orator, he
sius of
may
Diony-
Magnesia, Aeschylus of Cnidos, and Xenocles of Adramyttium, who were esteemed the first rhetoricians of Asia, were
these, I
went
to Rhodes,
Molo of
Rhodes.
and applied myself again to Molo, whom I had heard before at Rome, and who was both an experienced pleader and a fine writer, and particularly judicious in remarking the faults of his scholars, as well as in his method of teaching and improving them. His principal trouble with
within
its
me was
to
restrain
the luxuriance
its
banks,
Thus, after an excursion of two years, I returned to Italy, much improved, but almost changed into a new man. The vehemence of my voice and action was considerably abated; the excessive ardor of my language was corrected my lungs were
not only
;
49 Brut., 91.
CICERO'S
GREEK CULTURE
Rhodes suggests the
69
Posidonius.
name of
the
famous
more perhaps
Roman
became
many
students, he
known
to
to
many
Rutilius Rufus,
From Rhodes he
came
Rome on
death of Marius.
That he made a profound impression upon the rising statesman there can be no doubt. When Cicero wrote his Greek memoir on his consulate (-repl VTrareias) he Sent it to Posidonius who was tO Compose a more formal and finished work on that basis. In a letter
to Atticus he says
I sent
Greek
cicenft
consulate.
my memoir
to
it
as a
me from Rhodes
see
!
that,
when he
read
my
book,
off the
Now you
lot
of Greeks,
and so the
of them,
who
used to press
me
for
work
made
De Natura Deorum,
De
Divinatione,
i ;
and
in the first
The
visit to
is
We
may
Del P hl
was revealed
often
ii, 1.
He
is
described
as
Apamea
61
in Syria.
Ad Att.,
De
52 Cf. 63 Cf.
p. 98, etc.
32.
CHAPTER
THE ROMAN BAR IN
IV
CICERO'S TIME
Having
from
his
down
At the age
of sixteen
to his return
from
B.C.,
go
he
when,
Cicero
assumed the
toga
virilis.
was brought, according to custom, before the praetor in the Forum, in order that he might there lay aside his
boyish dress, toga praetexta, for the toga
virilis,
the
manhood, the token of his introduction into public life. While we do not know whether his father was present on that solemn occasion, Cicero
badge of
incipient
tells
as
the
augur,
Presented by
his father to
My
it
hood, introduced
possible
to him, instructing to
me
I
that, so far as I
Scaevola,
the augur.
found
do
so,
And
so I committed to
memory many
from
and strove
to learn
his
wisdom. 1
state,
Like
all
who
offices
of
Scaevola had sought popularity by undertaking gratuiFamily of the Mucii and gratuitous law
teaching.
and
by giving gratuitous advice on points of law to all who To that was added gratuitous law teaching, desired it.
the family of the Mucii having been famous for expert
1
De
Amicit.,
i.
70
yi
the
civil
law
for
several
generations.
jurist
in the courts, a
Roman
was
Thus
was always open not only to suitors but to students, who came to listen to the responsa prudentium or legal opinions, generally delivered in the form of familiar conversations. 2 It was the business of the student to take notes of all such deliverances of the master, and to commit his sayings or maxims to memory, following him to the Rostra when he addressed the people, and to the
courts
Duties of a
awstu
ent#
when he pleaded
as
an advocate.
Under
such a
was admitted
all
who,
were
at
In the
De
Orator e
(i,
45) we
read:
For what
is
for an old
Q ulntus
he
is
the person
which the Pythian Apollo says in Ennius: that ; nt h e from whom, if not nations and kings, yet all his De Oratore.
Uncertain how to act; whom by my aid, send away undoubting, full of counsel, No more with rashness things perplex'd to sway
I
For without doubt the house of an eminent lawyer is the oracle of the whole state. Of this fact the gate and vestibule of our friend Quintus Mucius is a proof. Even in his very infirm
I
state of health
and advanced
crowd of
sequence.
citizens,
age, it is daily frequented by a vast and by persons of the highest rank and con-
a time
when
the
learn
72
Twelve
Tables superseded
AND WORKS
But
certainly
by the
edict in
Twelve Tables"
4
Rome.
who was
Scaevola
the pontifex
a leader
among
self to
another of that
maximus.
The new teacher, who was pontifex maximus, occupies a much more conspicuous place in the history of Roman law than the old
the younger, a
nephew of
the augur.
one as he was the only jurist of the Republic from whose works the makers of the Digest drew any direct extract. 5
Father of
He
Roman law
because he
Roman law
because
its
was the
to codify
it
in eighteen
volumes. 6
He
also
in-
first codifier.
wrote a book on
terest felt
definitions, reflecting
in that part
no doubt the
logic.
by the Stoics
of
He
was
consul in 95 B.C., and after his consulship he was appointed governor of Asia, joining in that capacity with
his
Declared dishonorable
contracts
invalid.
in
an attempt to
repress
decisive
invalid.
7
extortions
in
of the -publicum.
all
He
took
declaring
dishonorable
contracts
When
in Dig.,
92
8
B.C.,
Marcian
i,
8:
"nam
et
est
juris civilis."
4
"Non ergo a
De Leg., .... hauriendam juris disciplinam putas." 5. See also De Leg., ii, 23: "discebamus enim pueri xii, ut carmen necessarium: quas jam nemo discit." Cf. A. H. J. Greenidge, Roman Public Life,
superiores
i,
p. 205, notes 2
and 3. H. J. Roby, Introduction to the Study of Justinian's Digest, etc., p. exxiii, Cambridge, 1884. 6 Pomponius, I. c, 41. 7 "Ego habeo [exceptionem] tectiorem ex. Q. Mucii, P. F. edicto Asiatico; extra quam si ita negotium gestum est, ut eo start non oporteat ex fide bona; Ad Att., vi, 1. See Arnold, p. 384. multaque sum secutus Scaevolae."
73
Roman law
the
method of merely
words of the
Instead, he arranged,
for the
first
law of
Rome
according
mere discussion of isolated cases or questions of law, he began the development of legal science by defining in
clear
Hiscontri-
and
definite
institu-
waTscience.
and
the like,
and
Through
law above
the definition
legal conceptions he
all
was the
Roman
9
private
as the
the complexities of
detail.
Thus
close, the
responses of the
by which the development of law had mainly been carried on during the earlier part of it, began to
assume a form which must have been fatal to their further expansion.
By
In
growing
dislike
methods
as
active
Edict of the
11
By
this
or annual proclamation of the praetor had gained credit engine^f jas the principal engine of law reform. Therefore Cicero legal reform,
tells us,
8
"Dixit causam illam quadam ex parte Q. Mucius, adparatu, pure et dilucide." De Orat., i, 53.
more
suo, nullo
As
to Scaevola's
\Litteratur des
Zeitschrift
Bekker,
u.
work, see von P. Kruger, Geschichte der Quellen und Romischen Rechts, Berlin, 1888, pp. 59, 60; Burckhardt, der Savigny Stiftung fur Rechts geschichte, herausg. von Bruns, Roth. Weimar, 1880, and subsequently, ix, 286ff.
74
AND WORKS
in
school
who were
first
Cicero's resolve to win senatorial dignity.
In removing to the
culture
Cicero's father, a
man
of
and some
fortune,
thus be enabled to enter politics, and, in that way, establish senatorial families.
At
my
to
me
to the heart,
is
my
which ought
is
bloom of
sena-
torial dignity,
Forum
or eked
out by private studies, and that the object on which from boy-
hood
had
set
my
heart,
"Far
is
to excel,
entirely gone. 11
To
Roman bar
as a steppingstone.
him
the
Roman
bar which,
said to
xl-xlii.
As
1. c, 43, 44. His pupil was Aulus Tribonian of the Republican period, who is suphave been consulted by Julius Caesar as to his great but unrealized
to his
Roman
law.
On
Adhandlnngen u. Studien (Konigsberg, 1845), pp. 68-126. Gibbon says: "The jurisprudence which had been grossly adapted to the wants of the first Romans was polished and improved in the seventh century of the city by the alliance of Grecian philosophy. The Scaevolas had been taught by use and experience; but Servius Sulpicius was the first civilian who established his art on a certain and general theory. For the discernment of truth and falsehood, he applied, as an infallible rule, the logic of Aristotle and the Stoics, reduced particular cases to general principles, and diffused over the shapeless mass the light of order and
eloquence." 11 Cicero,
Decline and
Ad
Quintum Fratrem,
is
from Homer,
iroWbv dpiareveiv
vireipoxov
i/i/j.eva.i
&\\ui>.
75
in the
To
was
be a leader of the
Roman
question
on the
set in the
midst of a
Forum whose
history
is
a part of
Rome had
but one
Forum
when viewed
in
was enacted
presence of
her political
and
That Forum Romanum or Magnum, The Forum as it was afterward called to distinguish it from the or^"^ m imperial fora, occupied a valley which extended from
juristic life.
was bounded on two sides by rows of shops and houses, dating from the era of the first Tarquin. As the city grew, the Forum was developed into a vast quadrilateral, inclosed by a kind
the Palatine,
and
in early
times
it
of open porticoes or promenades, created by the erection of double rows of columns, so separated as to admit of
easy circulation,
traves,
and supporting
galleries
at the
same time
archi-
on which
were constructed.
a kind of fete, attended a
Forum were
its
by *
all
classes of citizens
.
crowd so
vast as to overflow
surrounding temples
'
of private residences. 12
the
',
connected with this branch of the subject, I refer to and invaluable work, Le Barreau Romain, by GrelletDumazeau, 2d ed., Paris, 1858, especially to i, Origine du Barreau Romain, p. 35; v, Costume de I'avocat, p. 107; vi, Des honoraires, p. 113; ix, L'avocat a I'audience, p. 156; xi, Duree des plaidoiries et comment
all details
12
For
brilliant
76
AND WORKS
Forum
is
men
Forum
this place
and
to this
temple are
a
full.
structure
known
as
the
Middle
could be used in the event of storms, the people accusto the brilliant climate of Italy, preferred that the
frigido
aut torrido."
Forum
great
a
Rome
popular
university.
their political
and
juristic
education; here
it
was
that the
Greek and Oriental rhetoricians; here it was that the populus Romanus, accustomed to oratory of the highest order, became almost as critical as the patrician
ing under
Senate.
Advocate, robed in his
toga, attend-
Into the
barrister,
Forum
went robed
attended generally by
ed by a jurisconsult
a jurisconsult, a secretary,
and
his
numerous
clients.
In
and
.
secretary.
by a jurisconsult or legal adviser, charged with the duty of examining the facts and the law applicable to them, and of making suggestions as to the best mansisted
The
tri-
bunal
chair
13
consisted
14
of the
stage
praetor.
In Catilinam,
14
Pro
Asconius,
Ad
15; Pro Cluentio, 34; In Pisone, 5; Hor., Sat., ii, 6, 35; Cic. Niel. Arg., p. 34. The trial had to begin after daybreak
77
was
was
list
by
and drawn by
na i cases
(sortitio).
As
will
the judices
their
number.
fifty-six.
number was
and sworn, they took their seats arranged in a 15 To the left of semicircle below that of the praetor. the judices and a few steps distant from them sat the
accused.
The
Roman
No official
pros
ilaw
as an official prosecutor. 16
The
secretaries,
itheir places at
The
accuser
it
[opened
was no
reply.
18
It
who formulated
it
the
question
for discussion,
should so present
sion.
were rigorously divided into parts, each oration consist- anorat ing of the exordium, narration, confirmation, refutation, and peroration.
on
At
the
moment
and end an hour before sunset. The place of "forum plenum judicorum." In Verr., v, 55, 143.
was
the
Forum
"
petuae,
ph. v.
16
see the
of Roman criminal law and the quaestiones ferauthor's Science of Jurisprudence, pp. 591-92; Maine,
to the
^election
IP-
Pro Caecin, xxix and lix; Quintil., vi, 1. As by the court, see the preliminary procedure
In Verrem, Grellet-Dumazeau,
ii,
method of
his
p. 165.
78
AND WORKS
calculated to
the advocate
was expected
Artifices to
excite
strength,
excite the
supplemented by every
sympathy.
child in
sympathy of the court. One would hold a his arms as he walked around the tribunal; ananother,
girl
whom
sister,
recognize as his
her
into
his
arms.
On
one
occasion
an
advocate
a por-
pleading for a
trait
and deformed,
whenever
from which
by a cast of
begun.
were told
A
Trials of Aquilius and Galba.
trial
of
Manius
tortion.
condemned
his advo-
tunic
in
him to rise from his seat, tore open his and thus revealed many scars of wounds received
to tears,
moved
same kind of an
Galba succeeded
the critical
in
escaping a
his
chil-
menacing accusation.
At
moment
them
Congratulations
Roman
people.
and
applause of
advocate.
was over the clients and friends of the advocate would press around him with congratulations. 20 If the public had been moved he was saluted with acclamations. Even while the oration was being delivered, applause was sometimes indulged in. We know that such was the custom in the time of Cicero
the pleading
19
When
De
Oral.,
ii,
47.
79
his
during
velut
mente
will
captos
et
quo
essent
in
loco
ignaros.
21
Most people
ceedings of
Roman
stenograph,cre P rters
-
known
as notarii, actuarii,
exceptores,
amanuenses, some of
22
whom were
2)
says:
stenographic
reporters.
Quintilian
(xi,
an
not,
took down
To
the
this
tribute:
Currant verba
manus
est velocior
illis.
Accordfirst
were
made
Such reports
rst
.
who
made
|j
Cicero's
23
consu
ip '
members of
carefully prepared
of
whom
beforehand by the advocates, most spoke from notes, many writing out the more
in full.
Cicero scarcely
it,
make
after
the close, with a careful revision that excluded all care21 viii,
iii,
5;
Pliny,
Efistolae,
ii,
14;
vii,
6;
Martial,
Epigrammata,
46.
22 "II existait pres les tribunaux des teneurs de notes ou greffiers charges de coustater les dires des parties et les declarations de temoins (5) ; ils itaient organises et formaient une corporation." Le Barreau Romain,
p. 196. 23 Brut.,
96.
8o
AND WORKS
Milo.
and inelegancies of style. NotaMilo the revised version of his speech as published by him was so much more eloquent than the stenographic report, which came to the hands of Asconius and Quintilian, that the exiled Milo, when he saw it at Marseilles, exclaimed: "O Cicero! if you had only spoken as you have written, I would not now be
eating the very excellent fish of Marseilles."
24
As
will
five
all.
if
There can be no question that Cicero's published speeches exercised an immense influence on public opinion. When we consider the extent of their possessions and
the luxurious splendor of their lives,
the professional incomes of Cicero
it
is
certain that
\
An
Hortensius
and
Cicero,
by the Roman millionaire Crassus, and of the procession of villas, extending from the north to the fl south, and situated near the towns of Tusculum, Antium, Asturia, Sinuessa, Arpinum, Formiae, Cumae, Puteoli,
tine,
built
and Pompeii
the
first
And
One
in
many
villas
was
Tusculum
pictures.
he
his
In
famous for
24
its
magnificent park,
he
Cassius Dion,
xl, 54.
81
But
of
Roman
aristocracy,
was
most famous by reason of its immense reservoirs for the preservation and culture of fish, in whose care a 25 large number of fishermen were employed.
and arbiter of fashion in matters of luxury and taste Hortensius, who was the first among the Romans to serve peacocks on his table, was at the head of the list. While his house on the Palatine was not so pretentious as some of his villas, it was found to
As an
epicure
Hortensius as an epicure
and arbiter
of fashion.
was necessary for Hortensius and Cicero to derive enormous compensation from their professional services, either in the form of presents or legacies, despite the
finally
Enormous
compensation
despite the Cincia.
innocuous
Lex
Lex
called
make
such services
gratuitous.
|
And
here
it
may
Cicero's
own
estimate of himself as
and Hortensius.
Two
I
Forum
(I
my
ambition.
easy and
distinguished
way
of
Cicero's estimate of
The other was splendid, warm, and animated not so much as you, my Brutus, have seen him, when he had shed the blossom of his eloquence, but far more
;
'lively
25
in his style
and
action.
As
Hortensius,
1I4,
Valerius Maximus, Factorum et Dictorum Memorabilium Libri, ix, Varro, Re Rustica, iii, 81, 17; Pliny, Historic Naturalis, ix, 55; Suetonius, Augustus, 72; Brut., 88 sqq. 26 Not until after his victory at Actium did Augustus build the Imperial Palace, having purchased for that purpose several neighboring houses, among them that which had belonged to Catiline. Velleius Paterculus, ii, !8i ; Suetonius, De lllustribus Grammaticis, xvii T. H. Dyer, City of Rome: History and Monuments, p. 199.
1;
i
82
AND WORKS
was nearer
to
my age, and his manner more agreeable my temper, I considered him as the proper
(I suppose because he
first
object of
my
competition
saw
the
that he
was
speaker
among
consulars and
who had
off in
every
way
him
of
something not noticeable by a casual observer, but which an educated and discerning critic could detect.
.... When,
therefore,
my
years
own promotion
to
that
office,
was unwilling that after I had equalled him in rank and dignity I should become his superior in any other respect. But in the twelve succeeding years, by a mutual deference to each other's abilities, we united our efforts at the bar in the most friendly manner; and my consulship, which had at first given a short alarm to his jealousy, afterwards
revived his dying ambition; for he
my
conduct. 27
now been
Roman
his
bar,
Roman
father
found
in Cicero's father,
understood the
difficulties
not only
in
law but
in rhetoric
27
and philosophy.
Cicerol
Brut, 92-94.
83
was perfectly conscious of the fact that much of the great success that came to him, after his return from Cicero's Greece was due to his training in philosophy, which puJJjJJj^ he describes as "the fountain head of all perfect elo-
mother of all good work." 28 Trained from his boyhood under the best of masters, the plans of the young aspirant, who hoped "far to excel,
quence, the
and tower above the crowd," advanced prosperously until suddenly blighted by the frost of the terrible Italian war which completely disorganized the political and judicial
machinery of the
state.
Just as Cicero,
his
now
in his
eighteenth year,
was beginning
peius Strabo
in the spring
him as a young A soldier recruit going to the battlefield, attached in some capacity itaiiao war. to the praetorium and the person of the consul Pompeius
of that year that
we
catch a glimpse of
Strabo himself.
the northern
Cnaeus Pompeius, the son of Sextus, being consul, in my presence, when I was serving my first campaign in his army, had a
conference with Publius Vettius Scato, the general of the
sians,
Mar-
And
I recollect that
Sextus Pompeius,
man, came
Scato had
from
Rome
who
is
to
the conference.
And when
you?"
saluted him,
said he, "one
"What,"
said he,
"am
to call
"Call me,"
no suspicion; even their mutual hatred was not great; for the allies were not seeking to take our city from us, but to be themselves admitted to share the privileges of
it.
29
It
'
84
First contact
AND WORKS
Pompey
a
with Pompey
the Great.
own
on
age,
known
destined
in after
years as
the
friend
to
exercise
such
marked
influence
more
im-
all
the courts
Commission High
Treason.
allies to revolt."
"His
30
exile just
at the time
first
when
was most
in.
untoward incident
my
and
the
career."
As
Sulpicius
among
Great advocates
the advocates in
famous orator of Rufus, the most distinguished middle life, and Hortensius, the
of 89 B.c.
away
He
says:
;
The
as I
only
trial
we
had,
was
that
the
rest,
We<
and]
I
Memmius
affairs
who
I
own
The
rest,
who were
in the
magistracy and
though he
audience.
left off
To him
Celer, who,.;
though certainly no orator, was far from being destitute of utterance; but Quintus Varius, Caius Carbo, and Cnaeus Pomponiu*
were men of
lived
real eloquence,
rostra.
31
said to have
upon the
30 Brut., 89.
31 Ibid., 89.
85
first
Social, trans-
War
was
first
trans-
formed
into a
War
in
time
a civi |
war
Roman
field,
and
their
of the state.
and Caius
Julius
32
with
many
his face
had seized was that the new dynast was defied to by the frail and aged jurist Scaevola, the augur,
Then
it
who
way
for
his
law under
maximus,
the
pontifex
of
whom
Past
The midnight
Sulla's re-
did not begin to break however until the return from the
in
ampania, pressed forward to Rome, overthrowing the Battings bx! younger Marius in 82 B.C., and entering the city without
further opposition.
Soon
a last stand
was made by
the
of the capital.
upon the annihilation of the other, perished Scaevola, the pontifex maximus, who seems to have been cut down while fleeing from the Regia, his official resiintent
32
cac
the pontifex.
ippear in the
These, along with Crassus and his father-in-law, Mucius Scaevola, De Oratore.
86
AND WORKS
inci-
In referring to the
was Scaevola, the pontifex maximus, that pattern of moderation and prudence, masdent Cicero cries out:
sacred before the statue of Vesta?"
33
"Why
Not
until
after
the
Republic
civil
Rome
and from
in the
was there a
the Senate
dictatorship,
82
B.C.
who
year 82
B.C.,
demanded from
citizen,
power of
Cicero began
his forensic
life
and with
ple-
When
career in his
twenty-fifth
year.
began
He
says:
to restore
commonwealth; but we lost Pomponius, Censorinus, and Murena, from the roll of orators. I now began, for the first time, to undertake the management of causes, both private and public; not with the view of learning on the Forum, as most did, but as far as had been in my power to accomplish, I came into
of the
the
Forum
fully trained.
84
83 Cicero,
De Natura Deorum,
Hi, 32.
84 Brut., 90.
CHAPTER V
THE ROMAN CONSTITUTION
Having
dictatorship
down
to the
System of
outline,
down
to the
same point of
it
had
to deal.
constitution, 1 because
comprehension
of the system of government, constitutional and legal, with which he had to deal.
The
bedded
beginnings of the
in the traditional
Roman
constitution
con-
stitution in
the regal
period.
that arose
in the
It
city
was
of the
tribe,
actual
j
was according
to to
Greek
form
march. 2
are not made, they grow." Sir James Macintosh. fit illud Catonis certius, nee temporis unius, nee hominis esse constitutionem Republicae." De Repub., ii, 21. 2 The Latins began with a Markgenossenschaft, and the town, like the [British oppidum, was at first a mere place of defense in case of the attacks
"Constitutions
1
(of
enemies.
E. A. Freeman,
Comparative
Politics, p. 257.
87
88
AND WORKS
it
and
reached
common
the ruling
its
highest development.
city-state,
In the structure
Rome
as a
of the early
Roman
city-state.
No
one can
tell
how
Product of
a process of federation.
its
is
impossible to give
more than
meagre
According to tradition,
divided into three tribes,
res,
4
the
populus
Romanus was
and Luce-
Ramnes,
Titienses,
and
into
thirty curiae,
The
kins-
curia,
men,
and
it
which
Members
the curiae
of
constituted
the populus
bond of union and that in which such claims as those of territorial contiguity and ownership of Even in Cicero's time land have obtained recognition. there were still curies, curial festivals, and curiate assemclanship
is
Romanus.
blies.
The members
constituted the
8 As to the admixture of non-Latin elements, Sabine and Etruscan, see Mommsen, Rbmische Geschichte, vol. i, p. 43. Jeffrey Gilbert, Forum
Romanum
(Topographie,
i,
c.
89
known
view
condition of
Roman
in
citizenship
is
the
the
curial sacra.
The
that
the
primitive
all
Roman
gentle.
The common chieftain, whose appointment federation made necessary, was the rex, the ruler of the united The terms interrex and interregnum go far to people. 7
prove not only that
Rex as
peop
i
ruler
e.
Rome
There must
to
name
later
to
implies,
the magistrate
who was
"patrician
successors,
preside
at
in
When,
there
were
for
no
magistrates"
a
hold
elections
their
procedure
to
believe
manner
in
office,
the king
elders, a representative
body
times.
The Roman
Origin
13 "
The
senators,
office
Senate
for
power
Moramsen (Rbmische Forschungen, vol. i) as to the vexed question purely patrician character of the curiae. 7 That he was once the priestly head of a community bound together by :ommon sacra is manifest from the survival of the rex sacrificulus, as he appears in Livy, vi, 41. But that his real title was rex sacrorum appears rom Livy himself (xxvii, 6).
Df the
8
j
8 Cf.
Cf.
De
Leg.,
iii,
Liv., iv, 7.
90
AND WORKS
body, 9 to be conalso the right
Appoint-
from
their
own
ment of an
interrex.
new
king,
and
Vacancies
by the king, to whom they could give advice and counsel only when he saw fit to convene Before the close of the monarchy the number them.
ranks were
filled
The popular
assembly comitia curiata.
Rome
when
the king
saw
fit
to con-
vene them.
curia, just as
may
the comitium
12
at the northeast
of the interrex.
in turn,
When
and
so
the vote
was
were called
its
qualified
members.
An
Struggle
of plebeians
for political
made
classes,
known
as plebeians,
way from
and legal
equality.
Roman
;
Tradition dates the interregnum from the first vacancy in the royal De Repub., ii, 12, 23 Liv., i, 17 Dion., after the death of Romulus. ii, 57. When such a vacancy occurred the auspices under which the state had been founded "returned to the patres" (Cicero, Ad. Brutum Orator,
i,
5,
4)
and not
i,
and 35; ii, 1; Greenidge, p. 59. See Bryce, Studies in Hist, and Jur., p. 711. 12 Varro, L.L., v. 155. For the position of the comitium, see Smith, Dictionary of Geography, s. v. "Roma," and Jordan, Topog. d. Stadt Rom.
8, 17,
10 Liv.,
11
THE ROMAN CONSTITUTION
state.
91
clanless classes
were drawn, 13
it
may
community which
at a very
assumed that
were
be
in
Even
if it
it
by
quiritarian
tection for
to
and no right
decay of
their
religion.
Servian
clientage
reforms,
the
and guardianship. 14
The aim of
and constitutional
was to hasten the advance Advance to'toward equality between patricians and plebeians by rec- ward e(i ual
ogmzing the
system
....
lty
hastened
mem-
by Servian
reforras -
The
one thousand
to
1
men
15
the cavalry.
18
Freeman's guess is "that the new Roman people, the plebs, was made from the beginning of strictly local tribes it is certain that, as the state ?rew, it grew by the addition of fresh local tribes." Comp. Pol., p. 70.
jp
;
On these obscure subjects, see Mommsen, Staatsrecht, vol. i, pp. 66 sq., 130 sq.; Bloch, Origines du senat romain, pp. 255 sq.; Karlowa, Rom. fRG., vol. i, p. 62 Cuq., Inst. Jurid., pp. 43 sq. Varro, L. L., v, 89.
jp.
;
14
"
02
AND WORKS
new
footing, disregarding
rested on a distribution
of
all
turies.
As
the
to
embrace the
whole community, and as the plebeians, many of whom had no clans, could not be made members of the three
primitive tribes,
their benefit
it
was necessary
to invent
new
tribes for
New tribes
invented
for benefit of plebs.
As
full
was
a nec-
lay.
It
is
probable, how-
were more than mere divisions of the land; they appear to be divisions of the populus Romanus, of which the disinherited or ruined patrician
ever, that the tribes
who had
its
was
still
member. 19
The
central
was
essentially military,
and
Wealth
primarybasis of
classification.
methods of registration recognized only those perwho were qualified for service by wealth wealth For strategic being the primary basis of classification.
sons
classes, 20 ac-
ii, 22; Liv. i, 4; Dion., iv, 16. four were the Palatina, Suburana, Exquilina, Collina. Cf. Liv., Mommsen holds that "the four tribes are probably nothing more than i, 43. the three Romulian increased through the territorium of the town on the Staatsrecht, vol. iii, p. 125. Quirinal." 18 For that reason Servius is said to have prohibited transference of
De
Repub.,
17
The
domicile or allotment.
19
Dion.,
p. 68.
iv, 14.
"The
domicile."
Greenidge,
A
tribe to
his
20 For service in the first class the property qualification is given at 100,000 asses (Livy), for the second at 70,000, third 50,000, fourth 25,000, certain acreage of land, as an original qualification, was fifth 11,000. probably changed afterward into a given sum of money. Cf. Mommsen,
Romische Tubus,
p. 115.
93
hundred men. The was a solemn religious function conducted by the king, who numbered his fighting force, saw that each warrior was in his proper rank, excluded from the ranks men who were stained with sin, and then concluded the examination with a ceremony of
turia,
Registration a religious
function.
purification (lustrum).
military
in
its
nature
and registration of those liable for military service, it was soon employed as a scheme for the collection of taxes on the registered Thus a new and wealth of the citizens of the classes.
turiate organization
was
the assembly
into existence,
comitia
-
centunata
to
which a preponderance of
power was
inevita-
bly transferred.
While the older assembly of the patrician order, comi\tia curiata, was not suddenly stripped of its functions, Growth of its Juns lctlon there was a large number of important public acts which were naturally performed from the first by the assembly
i
its
jurisdiction.
[To
this
clare
war could most appropriately be made; by the taxwar tax (tributum) could be
first, in
a lex
wrunt;
nam cum
ii,
\Lege Agraria,
n,
26.
cum curiata ceteris iterum de eisdem judicabatur." Cicero, De Cf. Greenidge, pp. 72-77.
94
AND WORKS
in a criminal
jurisdiction
which
the
mili-
Thus before the end of the regal period a silent momentous change was wrought in the structure of
yet
the
now blended
of that term.
in
the populus
Romanus
curiata,
In the process
became
mere shadow of
its
former
self.
Its
Merely a
survival in Cicero's
time.
and of the potestas which these inFor the performance of such acts the comitia curiata was in Cicero's day often represented by but thirty lictors, 23 and the same scanty attendance may have sufficed for the other formal acts retained from earlier
cian magistracies,
volved. 22
times. 24
22 Messala ap. Getl., xiii, 15, 4: "Minoribus creatis magistratibus tributis comitiis magistratus, sed Justus curiata datur lege." 23
De
the
Leg. Agr.,
ii,
12, 31.
24
Upon
pp.
the
whole
subject,
see
statements
of
Greenidge,
After the overthrow of the Republic, all assemblies died out and became obsolete without being formally abolished. The power of direct legislation then passed to the Senate. The comitia gradually became a mere name under Augustus and Tiberius. Caius, after professing to restore the assembly to its old powers, withdrew his own gift. For a notable description of the change, see Dion
notes.
lix, 20, who says: airidwKe (lev yap ras apxa-ipecrlas avrois- ire Si re dpyoripcav virb toS ttoWw XP V V P-ySev ekevOepws KexpVflaTlK ^'"11 is rb Spdv ri twv irpocnjKOVToiv otyioiv 'dvruv, Kal rwv ffwovSapx^vTiav /udXwrtt
Cassius,
iicetvwv
(iiv
fij}
irXelovwv
7)
el
de wore Kal
iiwip
THE ROMAN CONSTITUTION
Such criminal jurisdiction as the state did exercise the early days was vested in the king, who, as judge
. . . .
95
in
Criminal
J
by
";gi n aiiy
vested in
king.
the extraordinary
so,
is
not bound to do
burgesses,
this
we
can
recognize
with
any degree of
confidence. 25
The king
....
specified the
tried,
on the
facts to
26).
Two
quaestores parricidii. 29
If the
boundary between
at
civil
it
and criminal
jurisdiction
defined.
Boundary
between
criminal and
civil jurisdic-
existed
Rome
at
all,
was very
faintly
Roman law continued to treat to the last as civil delicts If a concluacts now regarded exclusively as crimes. sion may be drawn from the position they held in the
later jurisprudence, theft
tion faintly
defined.
wrongs. 27
The power
of punish-
\centuriata
ment exercised in early times by the king and the comitia was shared in later times by the Senate. While fin cases of special importance the comitia and the Senate
rbv
'aidis
apiOfibv
yivotvro,
SiouoXoyovnivwv
ipyov
8'
irpbs
dXX^Xovs,
/cat
drjuoKparlas effwfero,
tovtov ra
fiev
iTi/Sep/ou
Finally senatorial legislation was superseded by imperial legislation. See the author's Science of Jurisprudence, p. 118. 25 Clark, Early Roman Law, p. 87, citing Heineccius, Elementa Juris
\C'wilis,
136.
p. 63.
26
Greenidge,
27
Muirhead,
Roman
Laiv, p. 69.
96
CICERO, A
exercised their
in
The
series of statutes
by which questiones
trial
for
the
of particular
number
of
courses of conduct
Each standing commission estab-
to time
branded
as criminal.
established
lished by a
special law.
assisted
who were
sum-
moned
It
By
we
shall see
hereafter,
(questiones per-
in
to civil procedure,
all
it
appears
was
a time
when
questions of quiritarian
itances,
were
settled
parties, supas
the arbiter. 29
ity
After the firm establishment of the authorof the state, it appears that this procedure by battle
at a very early
was
day superseded by
a submission of
whom
There are
historique des Instituts, vol. i, pp. 182-83. praetor commanded the parties to go to the ground suis utrisque super stitibus praesentibus. Cf. Cicero, Pro L. Murena, xii, 26. "Sicut* Gaius, iv, 16. dixi, ecce tibi, vindictam imposui."
29
Ortolan, Explication
The
97
was the
official
head. 30
As
their functions
were
A sacred
a purely civil controversy through the engrafting of a necTssary sacred element which was added by requiring each of
the parties to verify his contention by an oath,
whose
Under
form a finding was made on the real issue, and the party in whose favor it was pronounced was free to make 31 it effectual by self-help, if necessary.
I
Did Servius
right
Servian
reforms.
numerous court or
\
quintanan
upon
his
submission?
If he did,
it
in which had an official character? Dionysius says that Servius drew a line of separation between public and private judicial processes, and that, while he retained the
the judges
former
judges,
in his
own
brought bePopular
court ssubstituted for king
pontiffs.
ifore them.
numerous court of
i
harmony with
|the
the
number of
would have
33
to be
By
their
.schaft
early Roman law, see the work of P. Jors, Rbmische Rechtsnvissenzur Zeit der Republik (1888). 31 As to the nature of the legis actio sacramento, see Asverus, Die Legis .actio sacramenti, Leipzig, 1837; Fioretti, Legis actio sacramenti, Naples, 1883; Sohm, p. 153; Maine, p. 46. 32 Dion. Hal., iv, 25.
On
33 "Thus we should a priori arrive at the institution of some other court besides the king's, without the testimony of Dionysius, as a simple matter
AND WORKS
98
judgment not mere matters of personal dispute had to be determined, but a law had to be built up which could be There were, of general and permanent application.
however, many cases requiring judicial assistance involving no question of quiritarian right, no general principle
differ-
The
trial
of
civil cases,
of pontiffs,
head, was
judex),
as
Habit
of init
who
34
arose.
From
that
habit
of
intrusting
the
judicial
office
acting on a commission
more perhaps than any other one cause to make Roman law what it is and has been. Such was
contributed
the beginning of a system that bore such wonderful
fruit,
and
more imposing
flight
cen-
of the kings,
The best modern authorities admit the existence of the judices under the kings, whether their institution is to be attributed to Clark, p. ioo, citing Walter (trad, par Laboulaye), Servius or not." Procedure civile chez les Romains, ch. i; Ortolan, Histoire de la Legisla-
i,
4.
Wlassak contends
that originally in
commonly
took place before a unus judex, and that the centumviral and decemviral courts did not come into existence until much later than the Twelve Tables, Rom. Processgesetze, in accordance with the statement of Pomponius. vol. i, pp. 131 sq. It seems to be clear that in the later Republic the decemviri stlitibus judicandis were chiefly engaged in trying actions affecting Sohm, p. 150, n. 2. All sworn judges, including the personal liberty. decemviri, stood to the parties solely in the position of private individuals (judex privatus), and not in the position of magistrates equipped with
compulsory powers.
Pernice,
99
it
whom
marks
Livy 35 followed,
at
is
Rome
of the widein
Greece
externally,
Transition
from kings
decided.
to consuls.
Rome had
life
life,
After personal kingship was abolished, the new magistrates simply took the place of the king and kept it;
was simply put into commission with [lothing taken away from its power and not much from Even the title of king lived on at Rome as its dignity.
:he kingly
office
[he
style
Yrex
sacrificus,
ancient institutions,
we
see
how both
away
ommon
;ingly
jiven
away
To
[uaestors,
tives
appointed two general assistants, the whose most distinctive duties as representa-
annually
riminal jurisdiction
and
finance,
much
same place as
Ii, 9-14. Consult also Pliny, N. H., 34, 14, and Tac, Ann., Hi, 72. or criticism of the whole story, see Schwegler, vol. ii, pp. 60-202, and
teller,
Latium
u.
;
Rom,
p. 180.
38 Liv., vi, 41
xl, 42.
ivy himself
ua, 14).
(xxvii,
That his real title was rex sacrorum appears from 6), from Gellius (xv, 27), and Cicero {Pro Domo
must have been a survival of a real
p. 32.
Rex
sacrificulus
rex.
Cf.
IOO
AND WORKS
While
in
the
members of
The
a
patrician clans
had a
as
with the Senate, and the history of the next century and
half
represents
it
the
stronghold
of
patrician
it
In great emergencies
could
Under normal
moved from
lized
was monopoconsuls
by the
class,
of the
who were
code.
Patrician
power
ited
lim-
by
renewed
their
struggle
for legal
and
social
tribunes.
armed with little more than the restricted voting power they had won in the comitia centuriata. 39 The primary purpose of the plebs was to defend themselves by limiting the power of the magistrates in the earliest
87 Liv.,
i,
period, see
assigns these officials to the regal pp. 523 sq. He thinks that while
officials, originated with the Republic, they had their origin in the criminal quaestores of the regal period. Cf. Greenidge, pp. 63, 80.
38 Mommsen's theory is that the dictator was regarded as the superior colleague of the consuls. His earliest official title was magister populi, the technical title in the augural books. De Leg., iii, 3, 9. In deference to republican sentiment he was later called dictator. Staatsrecht, vol. ii,
first
three
were included
Mommsen,
vol.
iii,
p. 93.
THE ROMAN CONSTITUTION
I
101
social struggles
creditor.
When J
| I
in battle
of two magistrates,
the
known
as tribunes, 41
power of suspending
originally
'leveled against a
trates,
\\lex
1
member
two
in
of the plebs.
centuriata
passed
494
known
as Elected by
assemb, y
of the plebs.
42
idirferent assemblies
it
....
f
practically
we
way
rand
?
in
is
another
way
there
a unity of personnel
differ-
ent
The
only disturbance to
this unity is
found
in
were always
Not
first
until
287
B.C.
The
magistrates of
t
Resolutions oi P lebs
were given two assistants, called aediles, who bore the same relation to them as the two quaestors did
the plebs
40
As
Greenidge,
xvi.
p. 93.
42 Cicero, ap.
A scon,
reges
p. 250.
in Cornel, p. 76:
anno
48
post
exactos propter
secederent
44
.... duos
tribunos crearent."
Greenidge,
By
lative
a, 2, 8.
the lex Hortensia the concilium plebis was made one of the legisorgans of the community. Gaius, i, 3. See also Pompon., Dig., i,
102
Aediles as
assistants
AND WORKS
did the plebeian
Not
to
until
462
B.C.
of tribunes.
community attempt
establishing such
an equality
this
in
the law as
would render
unnecessary.
Making
of the code of
Rome had
no means of ascertaining the law except by who need not answer unless he please,
his
made
legal
up the forms of
and in the next year a resolution of the whole college of tribunes was framed for that end. First
procedure;
tion
46
Published by
the consuls
of 448 B.C.
was appointed to gather informafrom the Greek codes, and then a commission of ten patricians with consular powers (decemviri consulari imperio le gibus scribendis), whose duty it was to frame and publish a code of law binding equally on both orders and creating equal rights for all. 47 The outcome was the Twelve Tables which, after confirmation by the centuries, were published to the masses by the consuls of 448 B.C.; 48 and, in the words of Livy, remained the "fountain of all public and private law." 49 The code was thoroughly Roman, both as to substantive and ada commission of three
49
"Tribunos
et
aediles turn primum per seditionem sibi plebes creavit." See also Pompon., Dig., i, 2, 2, 21; Dion., vi, 90.
i,
9; Pompon., Dig.,
2,
2,
4;
Mommsen,
Staatsrecht, vol.
ii,
p. 202. 47 "Se
48
"Leges
Dig., i, 2, 2, 4. Pomponius says, "in tabulas eboreas prescriptas." 49 "Decern tabularum leges quae nunc quoque in hoc immenso aliarum super alias acervatarum legam cumulo fons omnis publici privatique est
10.
Liv.,
iii, iii,
34.
57,
Liv.,
juris."
Liv.,
iii,
34.
103
law,
Not
civil
law (jus
51
civile) sev-
known
who,
if
not
a jurisconsult himself,
was a magistrate
entirely in the
The law
now
called jus
jus
More
urbanus, a
known
as praetor peregrinus,
Praetor
peregrinus,
242
B.C.
this
Jus gentium.
jurisdiction
common
to all
nations, 62
Rome
in
time
it
was largely
Finally
it
had passed
68
general."
mention has so far been made of the creation of the office of censor, which from small beginnings 54 grew
Bryce, p. 755. "Cum consules avocarentur bellis finitimis neque esset, qui in urbe jus redere posset, factum est ut praetor quoque crearetur, qui urbanus appellatus est,
62 53 50 Cf. 51
No
Censor and
his duties.
quod
in
Pompon., Dig.,
i,
2, 2, 27.
See above.
Sohm,
1.
p. 86.
c.
:
84 Liv.
ortae."
Greenidge,
"Idem
hie
fuit, rei a
parva origine
p. 115.
104
AND WORKS
In the year
political prizes.
443
two new
officials,
called censores,
were created,
who were
triciate,
to be elected
tration,
of pecuniary burdens on individuals, but also an inquisition into character always necessary as a qualification at
Regimen morum.
Rome
tion.
Thus
it
came
manners
aspect
(regimen
morum) overshadowed
office.
every
other
of the censor's
Constitution
of city-state
in
was
second
Rome was
still
an aristocratic com-
than
i50,ooo. 55
the
most of the families having a cottage of their own and a small holding, where father and sons lived and worked together, with the cattle kept at pasture on the neighboring commonland. The constitution of the Roman city-state was slowly evolved; it was the outgrowth of the character of the Roman nation; and its form was
tribes,
experienced so much difficulty in conquering the small neighbouring peoples. (2) A population of over 1,000 inhabitants to the square mile could not possibly have subsisted, no matter how poor, at a time when Rome lived entirely on the produce of the land. (3) These figures do not agree with
others which are
more
certain."
105
was
in fact
is
more popular
in
which there
a record in history.
As
knew nothing of
1
invention
now
powers
in a
of the
s tatevested
England town The magmeeting, each citizen represented himself. 56 istrates were elected annually by the assembly, a supreme court of appeal without whose sanction no freeman could
assembly, comitia, in which, as in a
lawfully be put to death.
the supreme
New
primary
power of
legislation,
where
consul, praetor,
who
all
could
public
if it
officials to
obey
As
it
a check
was pro-
year of
office.
Thus
for
making
no
who
They voted
requir,
Vote of as-
and supreme, r
all
members
In order that
the
f
it
might be understood by
bill
66 Just like a Homeric dyopd an Athenian eKKk-nala a Frankish mallum, an old English gemot, an Icelandic thing. Cf. Freeman, pp. 46, 130, 136,
!i42, 148.
io6
Bills not
AND WORKS
it
and
terse.
As
it
it
amendable.
was
prepare
it
could not be
body. 57
Senate functions advi-
The functions of the Senate were primarily advisory and administrative, both as to religious and secular policy; it was without direct legislative authority. And
yet as a matter of custom and not of right
it
was
per-
to refuse to
inexpedient.
its
recommend them, if they were considered It was the duty of the Senate to express
in
Lex Hortensia,
287
B.C.,
287
B.C.
became law
ratification
of the Senate. 58
was
way
as to deprive
the
Roman
constitution
Sovereign
powers
gradually usurped by
the Senate.
what Mommsen calls "a clumsy collegiate government" by popular assemblies, were gradually usurped by the Senate as the
the sovereign powers, originally vested in
The
explana-
to be
found
dominion of
dicebant plebi scitis se non teneri, quia sine sed postea lex Hortensia lata est, qua cautum est, ut plebi scita universum populum tenerent, itaque eo modo legibus exaequata sunt." By the date of the lex Hortensia (287 B.C.) the republican constitution had, in all essential points (considered as the Greenidge, p. 133. constitution of a city-state), completed its growth.
auctoritate
eorum
facta
essent;
107
which
device
it
was extended over a vast area of territory was compelled to govern, without the modern
as representative government, the archaic
known
Why the
democratic
down
in
the presence
of an impossible task.
it
The
stress of incessant
war made
machine
who nominally
and foreign
affairs.
As
and
commoners who,
bought their way
converting
into
money
the
and
in that
way
those
who won
magisterial
power
Senate a
passed for
.
the Senate, which, as the permanent became the real governor of the growing From its own membership it appointed govEmpire. ernors of the provinces, it controlled the revenue, and
life into
council of state,
....
permanent
council of
state.
land question, the eternal question at Rome, arose The land uestlon ,out of the habit of adding to the public domain (ager i
The
\publicus) a third or
i
more of
Old
way were
intensified
io8
Great estates.
CICERO, A
as conquest
It is
century B.C.,
Thus
if
And,
as the slave
Rome
the dregs
sell,
became
is
Two stages
of disintegration.
The
first
marked by
Rome
over Italy;
After
to that
fall
down
was during
and
this
agri-
Roman
imperialism.
which began after Rome had won the supreme power in the Mediterranean, and through the working of the forces of commerce and capitalism, that Roman
cultural,
aristocratic
Imperialism, as
Expansion
we know
it,
was
drew
line
the
between
optimates
and
populates.
Thus it was that expansion through military conquest drew the line at Rome between the over-rich and powervariously described as ful few and the destitute many the rich and poor; the optimates, the best, and the
populates
sessors.
At
ing estates
head of the optimates, with their growand swelling millions, backed by vast political
the
and
judicial
powers,
stood
the
i,
senatorial
oligarchy.
e9 Ferrero, vol.
p. 38.
109
Against
that
array
the legions by
and by reestablishing the simple had prevailed in earlier times. 60 The first champion of the great proletarian rising of the oppressed thousands throughout Italy was Tiberius Gracchus, born of a plebeian family whose ancestors had
of elections,
habits of life that
Tiberius
first
offices
in
the
Gracchus championof
e
pr0
ana
most famous Greek philosophers of the day; and there he had heard the lamentations of notable statesmen who were seeking some reform that would avert the chaos On his threatened by the social and military decadence. return from military service in Spain, where he had witnessed the rapid disintegration of the army, he passed
operation
own country by
slave-gangs
Thus
inflamed, the
His scheme
of reform.
Rome and of arresting the His contention was that the dying country towns of Italy would be revived, and the whole military problem solved at a blow, if the state lands could only be recovered and then divided into small holddecay of the army.
* Froude, Caesar, pp. 21-24.
no
AND WORKS
He
said to the
"You
own."
Such a cause,
all
of the
"common land"
not
When
attempted to prevent an adverse vote in the assembly by inducing a colleague of Tiberius to interpose his tribunician veto.
called
Thus thwarted,
upon the people to depose his colleague in defiance of the constitution, and then to pass the bill, despite the
which they
did.
His
acts
illegal
veto,
When
illegal
death.
Forum became
and bloodshed in which Tiberius perished with many of his friends. 63 But
the scene of violence
Land
commission.
even such a catastrophe did not prevent the three combill, one of them from prosecuting their task. They made their way through Cisalpine Gaul and the south of Italy delimiting and distributing the public lands; 64 and in that way, it is said, that within two years forty thousand families were settled on various parts of the ager publicus which the patricians had been compelled
to resign.
61
iii, p. 7 Plut., Tib. Gr., 9. T. Gr., 9-14; Appian, B.C., i, 9-13; Liv., Epit., lviii; Cic, Leg. Agr., ii, 31 Mommsen, R. G., vol. ii, pp. 68 sg.
; ;
62 Plut.,
De
83 Cf.
24ff.
vol.
i,
p. 48.
in
many
hands when his brother Caius, one of the three land commissioners,
was
for the
I23BC
During the ten years that had passed by since his brother's election to that office Caius, who was his superior both in character and intellect, had devoted
himself to reading, and, as Cicero
vation of his oratorical style:
His language was noble; and
his
his sentiments
tells us, to
the culti-
striking.
Cicero's
tc
'
complete them.
In short,
my
by the
Roman
youth; for he
but to
Thus equipped,
in
the
new
tribune,
schooled
adversity,
and admonished by
brother's failure
and exclusive
67
oligarchy of landlords and traders, bankers and concession hunters, artisans, adventurers,
and loafers,"
could
gram
as
would appeal
to the self-interest of
many
conre
stituents.
idea
in
his
Senate, threatened
68
control of
orm
its
freedom
of action
by taking out of
p. 51.
Domo
Sua, 9; Cicero,
De
Provinciis Consularibus,
112
its
AND WORKS
provinces;
of
Roman
citizens
a senatus
appeal. 70
He
conciliated the
that every
Roman
citizen,
new
colonies in Italy,
Established
citizen
he founded the
first
citizen
colony.
Romans
Italians
well as
Romans,
all,
to
But
the
last
and
most important of
in a
Extension
of
his
make
Roman
Empire
of
Roman
citizenship.
Roman
citizenship
Empire by conferring the rights upon all the Italians, 73 thus making
Romans in the benefits and responsibilities of power. The argument in favor of that proposal had become
irresistible
That
population of a single
of
its
The
Italians
were Romans
in every
149 B.C.
Cf. Plut.,
Gr., 5; Tacitus,
A nnals, xii,
60
Pro
71
App., B.
iv; Plut,
67.
Gr., iv.
67.
Gr., v.
Gr., v.
72 Plut., 67. Gr., 9. Cf. Callegari, L. S. C, 99. 78 App., B. 67., i, 23 Brut., xxvi, 19; Velleius,
ii,
6; Plut.,
67.
113
as capable
were
dominant
Premature
upon the manhood of the entire population of the peninsula and not upon that of It a municipal oligarchy, it was not yet to be realized.
was unacceptable for the moment to so many interests as to wreck Caius' popularity to such an extent as to make many assert that he was not actually rechosen at the elections for 121 B.C.
^Italian
nation.
against
him by the senatorial party, he summoned a meeting at the close of his second tribunate and attempted to speak. But a conflict between the factions ensued, ending in a riot in which Caius and thousands of his adherents
were massacred. 75
The
Revival of
new
Italy as to
make
a revival
^J^^^L
Marius.
and out of
Fifty-one years
who was
either a
At an
to the tribucriticize
Chosen tn "" e
I20
B.C.
'
own way both the proletariat and the aristocracy. 77 "He seemed as if made of a block of hard Roman oak,
in his
Froude, Caesar, p. 50. "Thus perished one of the four founders of the Roman Empire, and perhaps the most far-seeing statesman Rome ever produced." Ferrero,
75
7*
K. P.
S., p.
525.
Neumann, G. R.
V., p. 261.
ii4
AND WORKS
78
His
won
in
in the
106
B.C.
which a young nobleman named Sulla fought under him. The passions which had been smoldering for a generation among the middle classes, the proletariat, and the capitalists now broke into flame against the aristocracy,
lifting
Consul in
107
B.C.
Marius
in
first
time in the election campaign of 107 B.C. Just before that event he had become a person of social consideration
illus-
79
who had
Sextus
the wife
Julius,
Julia,
who became
of Marius.
member perhaps
of the consular
of the Numidian war from Metellus, Marius undertook remodel the army by extending the levy to poor men
in
not inscribed
any of the
five classes
of landowners, and
who
constitution. 80
yeoman
source of the
legions,
Drew
diers
profes-
he provided professional
sional sol-
from
soldiers
by
the poor.
an innovation
in
momen-
in political
p. 38.
iv, p. 1557.
Froude, Caesar,
Pauly, R. E., vol.
80 Sail., B. J., 86 ; Aul. Gell., xvi, 10, 14. 81 Cf. E. Baroni, / grandi cafitani sino
alia
i,
Rivoluzione Francese,
32ff.
Ferrero, vol.
p. 66.
"5
vanguard of that great German folkwandering destined to change the face and the history
who came
as the
of Europe.
won
at Vercellae,
province of
Italy
101 B.C., Marius settled the fact that Gaul was to be a Made Gaul a Roman Rome and not the prey of the Germans. province.
was saved by
still
citizens,
armed with
the double
power of the hustings and the sword. The change did not however disturb the old law prohibiting standing armies in Italy; victorious generals returning from abroad
were
still
on her sacred
Germanic invasion was scarcely over before Rome was torn from within by what is known
the
as the Social or Italian war, arising out of the
The menace of
demand
Social or
Italian war.
upon the part of the Latins and had been so earnestly espoused by Caius Gracchus. Now when the old political organization of the separate districts had lost all real meaning, now when the intellectual and economic unification of Italy was gradually breaking down all distinctions between Romans, Latins, and allies, the jealous and exclusive oligarchy at Rome was startled by a movement that had spread far and wide through the peninsula. When Livius Drusus, 82 an ambitious and popular young aristofor enfranchisement
Italians
whose
just cause
Drusus
elected trib-
une, 91 B.C.
Cicero claimed him as a member of that party to which he himself belonged. De Orat., i, 25, and Pro Domo, 16. See also Appian, B.C., i, 35; Diod. Sic, xxxvii, 10.
82
n6
AND WORKS
year 91
B.C., at-
of the people
in the
tempted to
isolate the
moneyed
interests
by an
alliance
their
and among them a law depriving the knights of powers in the law courts, and another making the
proposal excited the equestrian order and their
The
first
was represented
At such a moment the flame of civil war was lighted when Drusus was struck down by an unknown assassin. At that signal men rushed to arms in the cause of united
Italy;
all
Po were made
equal in
civil
and
political rights. 85
Number
of
By
burgesses was
The
census
as
number of
citizens
For the provisions of the leges Liviae, see App., B. C, i, 35; Liv., N.H., xxxiii, 3. Cf. also Lange, R.A., vol. iii, p. 88;
Neumann, G. R. V., pp. 45off. 84 As to the Social War, see Kiene, D. Romische Bundesgenossenkrieg,
Leipzig, 1845. 86 In 89 B.C. two tribunes proposed the lex Plautia Papiria, under which any citizen of an allied town domiciled in Italy could obtain the rights of Roman citizenship on making a declaration within sixty days to the praetor
at
Rome.
86
See the interesting table showing the number of Roman citizens at and the Empire, in Meyers, Ancient History, p. 49a.
different periods of the Republic
117
grapple between the popular party, headed by Marius, JjariMand the self-made man of the people, and the senatorial party, Sulla,
complete
latter.
The harrowing
military details
midst of the
strife that
Italy
the
and from Italy to the provinces, the integrity of Empire threatened for the first time by rival govand
all
ernors,
All regular
or Assembly, suspended while the rival factions fought fu^ended! out their quarrels under generals willing to lead their
legions not only against their fellow-citizens but against
the established authorities of the state itself.
When
in
87 B.C.
"ed
of the Rostra.
field in
the Rostra,
Damasippus the bloody task of executing a number of the aristocracy, 87 including the eminent jurist, Q. Mucius Scaevola, pontifex maximus, who seems to have been cut down before the very image of Vesta, into whose sanctuary he had fled from his official residence, the Regia, nearby. 88 Under such conditions it was that Sulla, at the
end of the Mithridatic war, wrote to the Senate that he
a
Zf^EJ!!,
at
Rome
to take vengeance
on the
Marian
8T
Lange, vol.
p. 145.
De Natura Deorum,
in, 32.
n8
AND WORKS
Returning from the East laden with the gold of Mithridates, the spoils of
Pompey the
Great.
Crassus.
Catiline.
whose career had been rather military than politwas suddenly called to the leadership of the conAmong those who came to him servative reactionaries. were Pompey, destined to be known as Pompey the Great, who having been born in the same year with Cicero was now twenty-three, and Lucius Sergius Catiline, a ruined spendthrift, stained with every crime, but of ancient and To his list of parasites, composed aristocratic lineage. of a crowd of adventurers as shameless and unscrupulous as himself, must be added the aristocratic financier, Lucius Crassus, the representative of a class that piled up enormous riches by buying up cheap the goods of the
Sulla,
ical,
proscribed.
Sulla
appointed
dictator.
war with Hannibal, such power never having more than six months, Sulla demanded of the Senate the office of dictator 89 during his own good pleasure, which carried with it not only the power of life and death over every citizen, but plenary power for the reform of the constitution. Thus armed he outlawed every magistrate and every public servant who had held any kind of an office under Cinna,
ordering at the same time the proscription of
all
His
proscription.
persons
in Italy
who had
numbered
sister
belonged to the
the
liberal party.
number of proscribed
Young
Caius Julius in danger.
nearly 5,000.
the
89
Among
whose
Cf. App.,
i,
lex Valeria granting him the office was passed without opposition. 98; Plut., Sulla, xxxiii; Cic, Ad Att., ix, 15; De Leg., i, 15.
119
daughter of Cinna.
the dictator
When
and
commanded him
to divorce her,
sacrifice his
own
imminent
tives, to
risk of proscription.
give
him
a free pardon. 90
That
act of grace
and favor, grudgingly extended to Caius Julius then only eighteen, was attended by another of even wider signifiSulla reassured the Italians by declaring that he cance. would not attack the great measure of Italian emanciItalian
pation
that he accepted
it
as an accomplished fact.
91
accep tedby
Sulla -
Thus
in the
was
quietly completed.
The
In
a
number
was now
and culture of
its
into a solid
all
class out of a
who had
common
ambition, by fellowship
Such were the circumstances under which Sulla undertook to restore order and to
of
J
Sulla's
rebuild
the
machinery
constltutlon
civil
conditions,
state
and
dis-
war.
It
90 Suetonius, Caesar, i ; Plut., Caes., i. 91 The threat to deprive of the franchise several
joined Cinna
was
92 Ferrero, vol.
120
AND WORKS
much
the remaking of a
necessary at that
moment
of
tion
Empire and the whole of ancient civilizafrom the destruction threatened by the desperate revolt of the oppressed thousands of Italy and Asia.
the
viewed
triumph which he
powers of
Senate re-
attempted to
duced those
of tribunate.
secure by restoring and increasing the powers of the Senate, reduced to almost a nullity by recent revolutions, and at the same time by diminishing
the
the
most important of
magistracies.
onward the Senate appears to have embraced between five and six hundred members, vacancies being supplied as before from the retiring con94 Therefore, ir suls, praetors, aediles, and quaestors.
senators.
From
that time
in thai
it
way
Tribune
ineligible to
reelection.
a tribune of th(
office.
The
Senatorial
dignity
in
and
safety
peers
for
life
thus
arranged
a single
guard
provided.
of
the
pr<
96
De
Leg.,
reliquit."
94 Cf.
iii, 22: "Injuriae faciendae potestatem ademit, auxilii ferenc See also Cicero, In Verrem, i, 60.
Greenidge,
p. 266.
;
;
95
98
Pro Cornel., fr. 78 Ascon., In Corn., 78 App., i, Lange, R.A., vol. iii, pp. 144(1. Cantalupi, M.S.,
;
100.
pp. uoff.
121
set aside.
It
was
there-
No measure
tobe P^e "
sented by a tribune withria^assent"
was
presented to to be r
any J
heavy
fine
right of intercession.
While
the tribunes
still
retained
was attached
to the abuse
of
it,
the
tribune. 97
in office
was decreed
that No
consul
* suc
" ed
himself.
who had
and praetor.
99
quaestor must
And
in
still
more
the
increased
101 twenty. *
from
six
to
1 -inn eight, 00
Praetors increased
toei s ht
placed in
97
and augural colleges were also the hands of the senatorial aristocracy through
pontifical
Sunden,
The
quaestors to twenty.
As
to
De
tribunicia
potestate a L. Sulla
98
99
App., B. C, i, 100. He thus legalized a custom. Cf. Liv., xxxii, 7; App., i, 100. ion Pompon., De Orig. Juris {Dig., i, Velleius, H, 89. 2, 2) 101 Tac, Ann., xi, 22; Madvig, Verfassung und Verivaltung des rotn.
;
Staates, vol.
ii,
p.
441.
122
AND WORKS
But
last,
all,
the con-
and restored to the Senate. So corrupt had the senators become in the discharge of their judicial functions that Caius Gracchus had disqualified them from sitting in the
law courts by a provision requiring the judges to be chosen
thereafter from the equites,
Cicero's
tribute to
so exception-
ally
trial
the equites.
his
which
an
court
had given
in
corrupt
judgment
who never
whereby the
city
had been
the
in-
By breaking down
in the state, the
fluence of the
class
middle
to
War,
agristate
when
Italian society
cultural,
proceeded on the
Assembly
shorn of
legislative
and
his aristocratic
followers,
into execution.
its
Thus
the popu-
power.
scheme of reform, as
shorn
of
ancient
embodied
legislative
102
The assembly
people,
its
Dion. Cass., xxxvii, 37; Liv., Epit., Ixxxix. 103 On the other hand, Appian says (De Bella Civili, i, 22) that the courts of the equites had been more corrupt than the senatorial courts.
'
123
occasions,
at the
Senate's invi-
Who
can
tell
why
it
cynical
aristocrat, with
of
in Abdication Su
should
Mommsen's happy
phrase, the
his
"Don Juan
office
have abdicated
supreme
to
79
B.C. at a
have nothing to
fear?
Certain
had so carefully constructed. Before the end of ten years his so-called constitution had
broken down utterly
left
I
in
be head of a devoted army which he controls by his 3 * was a new money and his sword." That "type of the military typeofmili-
the
tary
e9p
March
....
serted
the
:
Sulla's
critical
its
years in which
civilized
Roman
;
lake, Italy entered upon her between the Hellenised East and bar-
Of
the
Roman
its
development, a consummate
has said:
growth.
The Roman constitution has lost none of its complexity by Greenidge's The accretions of age had changed a curious but com- summary'
law and custom, through which even the keen eye of the
jurist could
Roman
interpretation
pp. 105, v.
124
AND WORKS
The
is
of
a conservatism
It
measure of
success.
Had
practice as in theory,
to the respect
But
as the knots
which the
origin,
we must assume
ernment of a
city-state or
And yet no
Republic
it,
matter what
its
faults
may have
been, of the
Roman
made more
we may
life
for
it is
little
than their
Greenidge,
p. 146.
CHAPTER
With
and
who,
VI
view
will be easier to
his twenty-sixth
first
re-
in a civil
Defense of
proceeding before a judex or referee, C. Aquilius, ap- Quj n^j us pointed by the praetor urbanus according to the course Cicero's first recorded fT Koman law. o
i
case
Roman
when
legal
procedure
suit
it
may
a civil
praetor
to
who made
in controversy. After and hearing the statements counterstatements of plaintiff and defendant, he constructed a brief technical outline of
his decisive
who appointed
him.
The
judex, 3
on by the praetor,
Jurisconsults
intellectual guidance
scientific
law
lit-
tuaTuidT*
as
law experts,
2 F.
I.
As
"Theory of
Civil Procedure at
Rome;
the Magistrate
and
126
AND WORKS
all
by
concerned
in
we should now
law whatever. 4
Under such
who
instructed
them through
their
as experts,
tablets
by their students or
We
know enough
in
it
by no
less a
person than
^
tius,
who was
debts
the
Roman
remaining of obligations
payable
to
one
Naevius, with
whom
Kpivofievov)
was whethei
o:
main case
in the
event he should
b(
Cicero,
Hortensras.
who had
first.
In ridiculing
made by
ROMAN BAR
had been carried
127
from
Rome
What
an incredible thing!
What
and
inconsiderate greed!
satellites leave
What
cross
Extracts
a winged messenger!
The
is
aids
Rome, in two
from Cicero's
days.
What
a fortunate
man
he
who
has such
fleet
messengers or
rather Pegasuses!
It
was
in this
our reputation
is
No
honest
man
desires to cause
Demosthenes made
his
Forum
for the
first
time in a
Quinctius.
Roman
Roman
crim-
constitution an attempt
was made
parricidii,
composed of delegates or commissioners (quaestores) appointed at first for particular cases, and afterward for
particular classes of cases.
Duumviri
perduellionis
The king
but
and
quaestores
parricidii.
....
tried,
specified
was
to
be
Two
uted to
period,
and the
quaestores parricidii?
5
Greenidge,
Roman
Public Life,
vol.
i,
.... Mommsen
(Staatsr.,
pp.
523 sq.)
128
AND WORKS
Rome
The
Quaestiones perpetuae.
from time
to time
branded
as criminal. 7
Each standing
by
commission was established by a special law, 8 and consisted of a praetor chosen annually, assisted at times
as
Foundations
of Roman criminal
many
as 100 judices,
particular case.
The
foundations of
were
really laid
when
estab-
law laid
149
B.C.
in
and 81
ex-
in the provinces.
10
permanent
commissions.
composed of knights instead of senators. After that great power of control of the criminal courts
in
future to be
quaestors as standing officials originated with the Republic; but he believes (p. 539) that they had their origin in the criminal quaestor es (a word which bears the same relation to quaesitores as sartor to sarcitor or quaero to quaeswi, p. 537). Cf. Tac, Ann., xi, 22 (p. 81) Ulpian in
;
Dig.,
6
7
i,
13."
p. 94.
See above,
Cf.
p.
417.
9 Cf.
Mommsen,
d.
vol.
ii,
p.
Prozess
10
Romer.
creation of the standing criminal courts (quaestiones perpetuae),
juries,
The
Rome.
was
ROMAN BAR
more than
129
in
was taken away by Sulla and restored to It is a false and misleading analogy to speak of the judices, the judges, who composed these
the Senate. 11
selected popular assemblies,
tors or equites,
It is far
and numbering
more accurate
was
like
when he had
the right to
by summoning
fit
only such
select.
members of
to
from the senatorial aristocracy before which Cicero appeared in the year 80 B.C., when he undertook to defend Sextus Roscius of Ameria, who was accused of murdering his father, a man of considerable wealth,
1
Cicero's
struck
down
short stay at
Rome.
The
fifty-six
was not a particle of proof that he had ever seen or communicated with the assassins who were really unknown. There was nothing tbut suspicion, such as it was, that rested upon the suggestion that the father disliked the son, and that he had
jonce threatened to disinherit him.
The
probabilities all
the tragedy was brought by one of his freedmen at daylight the next morning.
seems to be clear that the assassination was planned and executed by those kinsmen under some pact with
It
ri
chrysogonus f avorite
'
^nrysogonus,
11
)p.
the
favorite
(trials
freedman of
statutes),
..
freedrui man
Sulla,
under
ofSulla
On repetundarum
and
see
Mommsen,
Strafrecht,
707 sq.
130
AND WORKS
estate of the
in the
murdered man. A necessary part of the plot was to remove the heir by charging him with parricide. The
danger
lay,
not
in
tribunal,
dominated as
it
was by
Sulla's partisans
friends.
Under
such
circumstances,
when
severe
sentence
might add to the prestige of the freshly organized courts, Cicero deemed it incumbent upon him to do his utmost
to
establish the
Sulla
in
any
judges, I surely
know
same
time both remedies what which seem to be on the threshold of the future, when he alone has the power of settling the system of peace and of waging wars; when everyone looks to him only, when he alone directs everyhas gone by, and organizes those things
thing.
When
he
is
distracted with so
is
many and
so great affairs
if
no wonder then)
there be
so
when
many
men watch
his
engagements and
moment he
In
this
speech he said:
asked
Solon,
when
why
he had not appointed any penalty for had not thought any man capable of the
crime.
The
Awoke and
found himself famous.
The
rising
young
of
advocate,
by winning
victory
that
reminds us
ROMAN BAR
his property
!
131
injured client,
and recovered
for him.
tells
He awoke
As he
My defense of Sextus Roscius, which was the first cause I pleaded, met with such a favourable reception that, from that moment, I was looked upon as an advocate of the first class, and equal to the greatest and most important causes and after this I pleaded many others, which I pre-composed with all the care and accuracy of which I was master. 12
;
The two cases in which Cicero began his career as a member of the Roman bar have been thus emphasized, r not so much on account of their intrinsic importance as
by reason of the
of the
civil
First
two
line
they
draw between
the constitutions
and criminal
earlier triumphs.
more members
therefore be convenient
that belong to the
Catalogue
fs P eec h es
courts,
to catalogue all
first class,
(except fragments)
of the subject.
B.C.
81.
Pro P. Quinctio:
Quinctio.
of a partnership
in certain
ited
from
B.C. 80.
cius
Pro
Sex. Roscio
Amerino:
the
ProRoscio
'
"^c*"
professional prosecutor,
gonus.
instigation
Brut, xc. For elaborate examinations of Cicero's speeches for Quinctius, Roscius the actor, Tullius, and Caecina, see Greenidge, The Legal Procedure of Cicero's Time, Appendix ii, pp. 531-68.
12a
12
132
Pro Roscio Comoedo,
76
(
AND WORKS
Defense of
76 (?).
?) B.C.
slave
Pro
owned
in partnership,
and
killed
by C. Flavius.
Suit for
B.C.
Tullio,
B.C.
72 (or 71).
Pro
M.
Tullio:
damages
M.
72 (or 71)
for an assault
Tullius.
made by
a rival claimant
on the estate of
Preliminary
In Caecilium, 70
B.C. 70.
B.C.
In Caecilium ("Divinatio")
In C. 70
V err em,
In C. Verrem:
in Sicily.
six orations,
B.C.
and plunder
charge
Six orations.
The
general
("Actio Prima");
(2)
De
Praetura
Urbana;
(3) De Jurisdictione Siciliana: his Sicilian administration; (4) De Frumento: fraud and peculation as to supplies of grain; (5) De Signis: the taking of works of art; (6) De Suppliciis:
earlier political crimes of Verres;
cruelties of his
Pro
government.
B.C. 69.
Pro
M.
Fonteio:
Defense of Fonteius,
in
ac-
M.
69
Fonteio,
B.C.
B.C. 69.
Pro A. Caecina:
wife Caesennia,
lender.
Pro A. Cluentio Habit
66 B.C.
widow of M.
A.
Cluentio
money
of
B.C.
66.
Pro
Habito:
Defense
the
Cluentius,
his
stepfather
brought
by
younger
Pro
C. Rabirio,
B.C.
63.
Pro C. Rabirio:
Defense
of
Rabirius,
63 B.C.
ROMAN BAR
Pro
7*
133
63.
Pro L. Murena:
in
Defense of Murena,
office.
urena >
and corruption
B.C.
62.
Defense of
Sulla,
ProP.Cor"
in Catiline's conspiracy.
^bc
Pro Archia,
62B.C.
62.
Archia:
Defense of the
Defense of Flaccus
this
Pro Flacco,
59
BC
'
Pro
Domo
Sua:
While
it
was simply an
by Clodius,
may
fairly be classed
among
Sestius,
own
client.
ProSestio,
5
B.C. 56.
Pro
Sestio:
6bc
per- inP.Vati-
who
num >$ e *- c
client Sestius.
Pro M. Caelio: Defense of Caelius, a disyoung member of the higher society of Rome, who was accused by Atratinus with plotting against the life of the lady Clodia and with keeping a sum of gold
solute
Pro
'
Caelt0 *
belonging to her.
Roman
franchises,
in
made by Pompey
72
B.C.
B.C.
54.
Defense of Plancius
58
B.C.,
ProPlancio,
54B,C#
had
be-
M.
134
AND WORKS
corrupt political
with
bargaining.
Pro C. Rabirio Postumo,
54
B.C.
B.C. 54.
birius,
Pro C. Rabirio Postumo: Defense of Raan equestrian speculator and promoter, in a pro-
ceeding to recover
money
received
corrupt part-
B.C. 52.
Defense of Milo,
The
de
indictment
de
vi,
sodaliciis,
and
B.C. 46. Pro Q. Ligario: An appeal to Caesar to pardon Q. Ligarius, made in Caesar's official residence, the Regia, on the Forum. The charge was that Ligarius had conducted the war in Africa against Caesar. Plutarch
when "the orator touched upon the battle of (Caesar) was so affected that his body trembled, and some of the papers he held dropped from his hands, and thus he was overpowered, and acquitted
tells
us that
Pharsalia, he
Ligarius."
Pro Rege
Deiotaro,
13
B.C. 45.
Defense of Deiotarus,
in
45
B.C.
when he was
Armenia.
This,
was
Caesar himself
struck
Basis of Cicero's
in the Pontifical
Palace at Rome.
his
Before
enemies
him down. 14
his speeches in the
Upon
vive in a
fame
as
an advocate.
more or
less perfect
13 In the preparation of this list I have been assisted by the helpful book of Allen and Greenough, entitled Six Orations of Cicero.
14
O. E. Schmidt,
p. 362.
ROMAN BAR
made
his health
135
and for
made
lished,
already. 15
he reappeared
actor Roscius
year 76 B.C. 16
whose
of
R 0SC
us#
demand of
and
killed
Cicero ingeni-
himself alone with the slayer of the actor's slave, and was
owner of the
slave,
and equity."
he said:
Do
A bit of
ridicule.
Does he not
crown of
wholly of cheating, of
tricks, of lies,
who
own
as
much
as a hair of a
good man. 17
He
rest
own
client,
saying:
more honhim I can say it boldly more truth than accomplishments; whom
partner?
picture
* Roscius.
the
15
Roman
man
than he
is
actor;
See above, p. 65. 18 Cf. Drumann, vol. v, pp. 346 sq., 17 Cicero, Pro Roscio Comoedo, 7.
who
136
AND WORKS
his skill
on account of
decorum ? 18
it
was very
consti-
bitter gibes
ever.
Sicily,
years,
7371
B.C.,
and barbarities
oli-
garchy.
Sicilyatreas-
"oldandart
was not only the granary of Rome but a treasure house to which had been transferred from the m ther-country the most exquisite specimens of Greek art bronzes bearing the name of Corinth, an Eros of Praxiteles, a Hercules by Myron, an original work of Boethos, 19 reliefs of embossed silver, cameos, and intaglios, plastic works in bronze, marble, or ivory, paintings, and textile delineations, comparable even to the arras o:
later times.
With an
itching
power over
6.
d.
ii,
2d
ed., pp.
126-29; Sihler,
pp. 79-83.
ROMAN BAR
lust that conSicilian
137
One
Roman
Gavius,
citizens
who were
go to
him.
When one of these victims named who escaped and fled to Syracuse, threatened to Rome in order to impeach Verres, the tyrant
first first
to flog
and then
to crucify
Crucifixion of Gavius.
When
during the
Civis Romanus sum, in the hope that those magic words would save him, Verres ordered that he should be crucified on a headland so that he who called himself a Roman citizen might die while looking toward his native land. Infuriated by such oppressions, the plundered com-
munities of
official
Sicily,
the
moment
man and
manded, early
brought to
tried
year 70
B.C., that
Verres should be
justice
by
his peers.
moved
swiftly.
The praetor
trial,
urbanus,
who
composed entirely of senators, many of whom were members of the oldest of the Roman families. When on August 5, with the capital still full of citizens from a distance who had attended the elections, the court met in the Temple of Castor, under the
(questio perpetua),
M.
Acilius Glabrio,
(Rome was the scene of such a state world had never witnessed before.
From
|Sea,
A penpicture of
the foot of
the trial
from many
cities
the
Grecian mainland,
from many
of Verres.
138
AND WORKS
Sicily,
city or
market town of
deputations thronged
Rome.
Forum,
in the
on the housetops and on the overlooking declivities, were stationed dense and eager crowds of impoverished heirs and
it,
rounded
their guardians,
behold a criminal
who had
Roman
citizens,
who had
who
would yet rescue the murderer, the violator, and the temple-robber from the hand of man and from the
boasted that wealth
companion
fell
its
it
picture, trial
of Hastings,
was never
lifted
upon
the English
when
Verres.
judgment upon
The
trial
....
Bacon and the just absolution of Somers, the hall where the eloquence of Strafford had for a moment awed and
just sentence of
where Charles had confronted the High Court of Justice with the placid courage which has half redeemed his fame The
judges in their vestments of state attended to give advice on
points of law.
of the
lords, three-fourths
as the
in
ROMAN BAR
139
solemn order from their usual place of assembling to the tribunal. .... The gray old walls were hung in scarlet. The long galleries
from
Queen the fair-haired young There the Ambassadors Kings and Commonwealths gazed with admiration on
the
a spectacle
in the
There
There the
historian of the
Roman Empire
Sicily
still
the
cause of
To
by such an audience, the people of the British Empire, speaking in their corporate person through their ancient Commons
popular assembly, the House of Commons, acting as a
-^""f^e
whole realm,
articles
of
impeachment against the English Verres, Warren HastAfter the charges had been read the spokesman ings.
of the commons, raising his voice until the old arches of Irish oak trembled, said:
Therefore hath
it
with
all
commons
the
I
Warren Hastings
1
of
r
Commons' House
in the
sullied.
impeach him
name
I
honor he has
India,
whose
under
foot,
Lastly, in the
ii,
name
human
1
nature
Macaulay's Essays,
vol.
pp. 641-45,
"Warren
Hastings.
140
AND WORKS
of every age, in the
the
name
name
name
of every rank, I
impeach the
oppressor
of all!
For the
trial
provided not only a special and stated senatorial tribunal (quaestio perpetua) composed of the peers convened as
a
managers.
it
Impeachment official
Burke,
Fox, and Sheridan.
body of prosecutors, the managers of the impeachment appointed by the House of Commons. At the head of that body there stood such a triumvirate of orators as the world had never heard before at the same moment, in ancient or modern times. The first to speak was the British Cicero, Edmund Burke, at whose side stood "Fox and Sheridan, the English Demosthenes and the English Hyperides," whose brilliant and burning
denunciations will live for
all
time.
And
modern eloquence all ended in nothing. After the trial had lasted for nearly eight years, after sixty of the nobles who had walked in the procession at the beginning of the trial had been borne to their ancestral tombs, after
the friendship of the brilliant triumvirate of prosecutors
Acquittal of Hastings.
had been
violently
emnly absolved by the lords he retired to his ancestral home at Daylesford where, at an extreme old age, he
died peacefully in his bed at
last.
When we
Roman law
provided no official
prosecutor.
we look
in vain for
managers of the impeachment against him. Under the law of Rome anyone could offer to conduct such a
prosecution, subject to the right of the court to accept
QUINTUS HORTENSIUS.
ROMAN BAR
141
Because that preliminary question was by argument alone, without evidence, it was called
way; and when an attempt was made, as in this case, to make the prosecution a farce by employing a friend of the accused to conduct it, such a trick was
their
called praevaricatio.
Verres defunded by
Hortensius.
in
his frauds
and
B.C.,
oppressions,
when
70
preliminary question as
a prosecutor.
In anticipation of such a
to one to
move
the
Sicilians
had turned
whom
fame and
In the
being assigned to
him an
from Lilybaeum
office
he administered so ably
not therefore strange
Cicero employed by
Sicilians as
advocate,
now
them
prosecutor.
as prosecutor in the
pending impeachment.
all
As
Cicero's
23
Aedilis in Latin Thesaurus. In Verr. 5, 36. "Now I have received from the celebrate holy games with the most solemn ceremonies to Ceres, to Bacchus, and Libera but I am bound to render Flora propitious to the Roman nation and people by the splendor of her games." In Verr., v. 14.
Suringar,
v. I
am aedile elect, I consider what it is that Roman people; I consider that I am bound to
142
AND WORKS
tended to be the enemy of Verres. 24 In his opening speech made on the preliminary hearing Cicero contended, with
all
first,
that
was a sham; second, was notoriously incompetent to conduct such a prosecution. After emphasizing the first objection, and defining what the qualifications of a prosecutor should
that he
be, turning to Caecilius he said:
Hisgenerous tribute
all
these qualifications?
y OU are aD
if
e toci a y t0
.... I am
saying;
you even depart one word from that book which some
made up
to speak,
of other men's
are not unequal to that trial also, and that you will be able to do
justice to the cause
and
to the
But
if
in
with
me you
can
we
against a most
active adversary? 25
Then
in a lofty
who
as all
men know, am
so
much concerned
is
in the
Forum
was then
of
who have
my
my
may
be
more prepared
me
I
as I
yet,
me
have to speak,
am
my
24 It
my
whole body. 26
The
was to the interest of the state to avoid both weakness and collusion. prosecutor should be one "quem minime velit is, qui eas injurias fecisse Cicero in Caecilium, 3, 10. arguator."
25
In Caecil.,
16.
26 Ibid., 13.
ROMAN BAR
tribute
143
to himself,
moment before he had paid even a higher when he said tauntingly to Caecilius:
if
Even
it
at
Rome and
not in
Sicily, still
would be
was effective; the court appointed him prosecutor, giving him time, one hundred and ten days, in which to gather evidence and prepare his arguments for the trial on the merits. Then followed what lawyers call a race of diligence, the defendant, who had failed, by the lavish use of money, to organize the court in his
own
69
interest, desiring a
postponement
year
when
his
whom
B.C.
had assigned
this
praetorship.
sisted
By almost superhuman
in
by
complaining
Gathered
evidence in
fifty
communities
cuse did he
days.
procuring evidence.
While the former, instigated by the new praetor Metellus, the friend and successor of Verres, held out against
him, he so
delivered in
won over
Greek before the Senate in the town hall, from the city records a complimentary decree Verres had extorted through their fears. Thus armed, the tireless prosecutor, who paid all his own expenses, was able to brush aside all expedients for delay, and to force the trial, which began on August 5
before a court composed of course entirely of senators
Trial began
August
5.
who
sat
M.
Acilius Glabrio.
all
In Caecil,
144
AND WORKS
i.
e.,
absolvo,
e.,
con-
condemn; and the third with N. L., i.e., non liquet. And it would seem that in some trials the tabellae were marked with the letters L, libro, and D, damno,
demno,
I
respectively.
trial
might be upset, Cicero entirely disconcerted Hortensius by dispensing with the long and formal oration usual on
such occasions.
Interrogatio
examine
days.
in nine
disappeared. 28
offered against
Verres
slipped
him
So overwhelmed was he by the proofs that, after the third day of the trial,
away
Rome
into exile,
fine,
29
into exile.
could be imposed
upon him.
Prosecutor delivered but one speech.
The
case
was the
was driven
that
by the intrigues
of his opponents.
He
common
talk o
law
no wealthy
man
Pseudo-A sconius;
20 Ibid., p. 126.
ROMAN BAR
Now
at this
145
brought to
trial as a criminal, a
life
man condemned
opinion
of everyone by his
and
by the enormous-
own was
At
that
moment an
agitation
of
would compel drawn equally from the Senate, the equestrian order, and from
senatorial
beians
in the lex
Aurelia
judiciaria. 31
While
this
man was
The
main
issue.
own
common
rights
to
of every nation
Roman
citizens
in
their
own
defense
The
Roman
able praetor,
of wealth has
more
We
men
say
that
Caius
many
licentious acts,
many
cruel ones
toward
Roman
citizens,
allies,
many
away from
Unspoken
In Verr.,
i,
1.
iii,
p.
197; Veil.,
ii,
32;
Madvig,
f. 1,
In Verr.,
i,
4, 5, 17, 18.
146
AND WORKS
in-
He
Of second pleading Verres concerning manner ciding judge while Third book. Of second pleading accusation Verres on count Fourth book. Of second pleading prosecution Verres Fifth book. Of second pleading prosecution Verres speech on
Of
Second book.
his
the
of de-
causes as
in
Sicily.
the
in the
against
the
relating to corn.
the
in the
of
the
in the
the
punishments.
Fiction of
Thus by employing
or
trial,
a "second pleading."
like
was
The five books, one and all, are permeated by a spirit of tri umph. The aim of Cicero in the composition and publication was indeed personal and professional, both of these; but for ui and the enduring concerns of history, he did vastly more. He accumulated a great mass of incontrovertible data which show why the Republic was doomed, at least why the exploitation of the Mediterranean world by the Roman oligarchy could not go
\
on forever; further,
how
and
new laws de
ambitu,
\ was the other running ulcer of the body politic which was ruining the state and which ultimately delivered it to a military
monarchy. 33
By
his oral
and written
efforts
embodied
in the brilliant
and vigorous Verrines, coupled with the almost supernormal energy and courage by which he had forced
Cice
difficult
circum-
ROMAN BAR
most famous foren-
147
Roman
reached
public
offices
life,
opened the
and
He who
and aedile had the praetorship and consulship before Everything must now be sacrificed to popularity. him.
The
would
At
the con-
J^JJJJ^
.... that the Republic, and my own duty with my undertaking this one prosecution,
pelled to prosecute the infamous.
34
to
it,
may
be content
I
and that
may
be
allowed for the future to defend the good instead of being com-
Cicero
et
his old
Greek
to
Rome
before
in the train
of Lucullus
As
means no doubt of assailing the Luculli, an attack was made by Gratius on their protege, Archias, who was
a
Roman
citi-
who were on
the regto be
- JJLj
of any confederate
its
were
exempt from
in Italy at
The name of
34
35
Archias,
4.
who had
that by
which the
civitas
federate communities. Greenidge, Roman Public Life, p. 311, note 5. This author remarks that "It is difficult to believe that this cumbrous rule applied to the citizens of the towns."
was granted
148
AND WORKS
War, did not appear on the census lists, as he was abroad with L. Lucullus. That difficulty Cicero contended had been removed by the enrolment of Archias before his return to Rome, during his stay at the confederate city The oration is occupied however not so of Heraclea. much with legal arguments as with a panegyric on Archias,
who
self.
is
62
B.C.,
Caesar was a
who seems
to
trial
of Archias.
After thanking
had given
me
to his
mind and
you
in this cause to
grant
Tributes to Archias.
to this defendant,
and
I trust
the indul-
when
poet and most learned man, before this concourse of highly educated citizens, before this most polite and accomplished assembly
as him who is presiding at this trial, more freedom than usual on the study
arts.
36
to
of
and refined
When
time
full
Latium with
he said:
now
As
Precise question at issue,
he had
now
a residence at
Rome
for
many
years, he returned
we have nothing
else to
The
cause
is
over.
?
be invalidated
For which of all these statements, Gratius, can Will you deny that he was enrolled, at the time
38
Pro Arch.,
2.
ROMAN BAR
ask
us,
149
speak
of,
as
citizen
of
Heraclea?
.... You
is
Gratius,
why we
Because
mind
rest for
As
was
still
Reference
,B "
!!!.J!!matter.
now
reveal
my own
feelings to you,
judges, and I
will
make a
confession to you of
my own
For
love of glory
in
too
his
eager perhaps,
verses touched
but
still
honorable.
this
man
has
we
city
in
this
and of
because
it
appeared to
And when me to be
had heard
his
commencement, same
For virtue seeks no other reward for its labors and its dangers beyond that of praise and renown; and if that be denied to it, what reason is there, judges, why in so small and brief a
course of
life
as
is
allotted to us,
we
on ourselves. 38
Ten
ital
The
to
cap-
Defense
of the
Roman
world, which
now belonged
Caesar
The
elec-
year, 53 B.C.,
tion;
the
three
candidates
the
field
were Plautius
Metellus
39
Hypsaeus,
Scipio;
ter
37
supported
by
Pompey; Quintus
libertine,
The
bit-
with
whom
know
written to Curio on that subject Cicero says: "Did I not you must be fully aware, while writing this letter to you, under what a weight of obligation I am laboring, how strongly I am bound to work in this election for Milo, not only with every kind of exertion, but even with downright fighting, I should have written at greater length."
that
Ad
Fam.,
ii,
6.
150
AND WORKS
in con-
ciodius
1
e
'
y January
is,
Bona Dea scandal, was a candidate for the praetorship which would have signified but little to him with Milo as consul. On January 18, 52 B.C., when government by reason of the Rome was really without a o j /
veto of a tribune forbidding the declaration of an inter-
52
b.c.
Way
in a car-
and
his
body of
slaves
and two
that
Milo had declared that he would kill Ciodius if he At last they met, and the fight began
other,
when
dermost of Ciodius'
in a
When
Ciodius demanded
threatening tone to
know
and after he had been taken into a wine shop near by, he was dragged out in the midst of a general fight and murdered by Milo's orders. The Senate was now thoroughly alarmed; Lepidus was appointed interrex, and to him, with the tribunes and Pompey, the care of the public order was committed. While men were talking of Caesar as dictator, the Senate Pompeymade averted that move by giving the reins of power to soeconsu. p om pey, no t as dictator, an unpopular term, but as sole
40 consul, without submitting the question to the people.
40 Dio, 40, 50; Plut., Cat. Min., 47. As there were no consuls, the Senate's proclamation of martial law declared "that the interrex and the tribunes of the plebs and the proconsul Cnaeus Pompeius should see to it that the Republic suffered no harm."
ROMAN BAR
all
151
their
power
at the
to inflame the
same time
his
public mind against Milo, attacking defender, Cicero, who thus became
client.
Milo was
murder and
was
illegal violence
and belonging
to unlawful clubs
(de sodaliciis)
8,
factions,
On
April
hundred days after the happening of the tragedy Milo tried S' Appian Way, a political trial was to begin in the l^ ns lf
through the influence
Under of Pompey
new
a court
Court organn
statute
Ahenobarbus, probably
by the people at Pompey's suggestion, 41 consisting of 81 judices chosen by lot out of a larger selected body
It
numbering 300.
than
five
had heard
more
and 16 tribuni
aerarii.
The drawing
(now for the first time in Cicero's path), and Valerius Nepos had begun their speeches. After they had consumed the two hours given them by the new law, Cicero,
unassisted, rose to speak in defense of Milo.
41
It
was
Asconius calls Domitius "Quaesitor suffragio populi"; and Cicero (Pro 8), speaking of Pompey, says, "Quod vero te L. Domiti huic questione praeesse voluit .... ex consularibus te creavit potissiT.
Annio Milone,
mum."
Forsyth,
vol.
ii,
p. 20, n. I.
152
AND WORKS
unnerve the bold-
advocate
with
at
moment, calculated
all
to
Pompey near
hand 42 with
court itself surrounded with glittering spears of the soldiers there to preserve order,
sympathizers hooting
Cicero
intimidated.
in defiance
authority.
His speech was undoubtedly far below his standard ineffective and imperfect in its delivery. Milo was convicted and bansuch a contest, that he lost his self-possession.
That part of
the failure
was
final;
His speech
rewritten.
oration.
memory
Plea of
self-defense.
comfiture Cicero, not long after the trial was over, wrote,
as
in
the
case
finest
forensic
orations
craft. 43
even constructed,
in
rhetorical
The
orator's plea
was
self-defense.
He
life,
contended that
but not of the
in public
if he lived; that Clodius was the aggressor; was no premeditation on Milo's part; that his had killed Clodius without his knowledge or consent
In stating
The
tribunal
at
some
was before the Temple of Castor, Pompey being seated Temple of Saturn, at the upper end of the Forum.
Cicero, addressing Pompey, exclaimed: "I appeal to you, and I raise my voice that you may hear me", "Te enim jam appello, et ea voce ut me exaudire possis." Pro Milo., 25. 43 When Milo, in exile, read this speech, he is reported to have said: "It is just as well that Cicero did not succeed in delivering this speech, or I
Dio,
known
ROMAN BAR
man
a
153
Statement
* the
'
man
to be slain,
aw
but forbids anyone to have a weapon about him with the object
of slaying a
is
man;
itself,
made
used a weapon
with the object of defending himself would be decided not to have had his weapon about him with the object of killing a man.
Let, then, this principle be
remembered by you
in this trial,
what
make good my
slain.
44
defense
may
be lawfully
facts,
colored, of
Statement
dismissed,
till
it
was
and
his garments,
waited
little
men
was getting
returned,
indeed,
Rome
that day.
cumbered on horseback, with no carriage, with no baggage, with no Greek companions, as he was used to, without his wife, which was scarcely ever the case; while this plotter who had taken, forsooth, that journey for the express purpose of
with his wife in a carriage, in heavy traveling cloak, with abundant baggage, with a delicate company of women, and maidservants,
and boys. 45
He
it. Immediately a number of men attack him from the higher ground with missile weapons. The men who
his
chariot
and flung
drew
in
their swords,
order to
men who were with Clodius and some of them ran back toward his chariot attack Milo from behind, and some, because they
slain,
began to attack
his servants
who had
pres-
mind
44
to defend
4.
Pro Milo.,
ibid., 10.
154
AND WORKS
when
they saw
a fierce battle taking place around the chariot, and as they were
when
Milo was
slain,
was
Milo .... did, without their master either commanding it, or knowing it, or even being present to see it, what everyone would
have wished his servants to do in a similar
case.
46
There
is
what the
Pass-
of Milo,
it
will be sufficient to
reproduce a
own
account:
Roman
people appeared to
many
his
the republic.
He
;
with
which
had been passed for the sake of the safety of the Republic, by the consent of all orders of the State; he had driven me from my
country; he had plundered he had ill-treated
my
my
house;
my
children and
my
my
of
men from
their
homes and
professions. 47
An
observa-
As an
striking:
See,
life
observation on
life
this
is,
tion
on
life.
how
now,
how
is
the course of
human
fickle
and
fortune;
what
instances
how
when dangers
* 7 Ibid., 32.
one,
how
one's
fly off,
Pro Milo.,
10.
CHAPTER
With
more
VII
CICERO AS A STATESMAN
the
announcement made
career as a
Greek
culture.
Despised by the
Roman
aristoc-
Roman
Cicero
{\t a \\^ n
populace, he
class,
was
Roman
people."
Opposed
dreams and
to aristocratic
middle
class,
It
was
his
won
His influence
of quaestor, aedile, praetor, diss secured and consul, at the earliest age at which it was possible elections
to
hold them;
his recall
it
upon
that
was from
was
his
When
financial,
all
No
;
he
Pro Sulla, 7 Sail., Cat., xxxi, "inquilinus urbis Romae." Pro P. Quinctio, 31; Pro Cluent, 46. Pro Domo, 28; Pro Cn. Plancio, 41. Brut, 93.
155
156
AND WORKS
called a
those
The
cursus
until
what was
cursus honorum.
The
office
of curule
the
honorum.
praetorship, but
cursus
was often held between the quaestorship and it was not a necessary grade in
honorum.
the
The year 70
B.C.
that brought to
him the
office
of curule
whose
the general superintendence of the city police, the regulation of the games,
public
buildings.
He
speaks
is
in
his
oration
against
of which, Plutarch
us, his
materially lightened.
Some
Terentia and her
half-sister
it
after his return from the East in 77 B.C., married Terentia, the date of the marriage or even that
Fabia.
family, possessed of
some
seems that
who
year 73 B.C. her half-sister Fabia, was a Vestal, was brought to trial, it being alleged
in the
was her accepted lover. 6 Plutarch, who puts her dowry at 100,000 drachmas, says Terentia was a woman of violent temper; and Niebuhr makes the
that Catiline
....
in his
woman and
;
as,
much
Cf.
Mommsen
p.
to the office;
6
Enc. Brit. (9th ed.), art. "Rome," pp. 764 Ascon. on In toga cand., pp. 92-93 Orelli.
CICERO AS A STATESMAN
around him,
the
his
157
is
which
his
correspondence with
time of Cicero's villa
Villa above
we hear
for the
first
Roman
Tusculum.
After congratulating
in
his
Epirus,
own Tusculan
villa
do
rest
all
my
troubles
and
toil."
and
his
mother.
The
last
words
8
are,
"Be assured
that I love
you
like a brother."
Not
until the
Marcus born,
a fact he announces in
Marcus.
have had
an increase to
Terentia
is
my
doing well."
onward the only expansion that took was expressed in the ever-growing number of his residences in town and country. Apart from the cradle spot at Arpinum, which came to him by
that time
place in his family
inheritance,
From
Increase in
number
of
residences.
v, p. 20.
opens the correspondence with Atticus when year and in the midst of his official career. He had been already quaestor (75 B.C.) and aedile (69 B.C.), and was looking forward to the praetorship in the next year (67 B.C.). 9 "L. Julio Caesare, C. Marcio Figulo consulibus filiolo me auctum scito,
Ait.,
i,
Ad
1.
This
letter
Cicero
was
in his thirty-ninth
salva Terentia."
Ibid.,
\,
21.
158
CICERO, A
Not
until
62
B.C., the
House on
the Palatine
in the
Belgravia of
Rome from
As he
its
whom
his
political relations
plexing problem.
as
lawyer
He
was
and
we know
that he sometimes
numbered
in
his
is,
clientele
The
fact
that by
Fees
income.
12
Some-
or $88o,ooo. 13
Despite the number of his residences, which necessarily imply a very large income, thoughts of Cicero's
Home
life at
domestic
life
Tusculum.
lum, modeled
Academy
its
at Athens,
with
its
its
gymnasium, and
seems that at this time he made over the house in the Carinae, which Plut., Cic, viii. he had inherited from his father, to his brother Quintius. 11 As to the loan of two million sesterces fiom P. Sulla, then under
xii, 12, 1.
See below,
p. 195.
ii,
13 Cicero,
Philippicae,
40:
acceptum haereditatibus
retuli."
CICERO AS A STATESMAN
so
159
In
self, Atticus.
That
friend he
was
ex-
which he said
Tyrannio.
gave a soul to his house when arranged by his librarian, Tyrannic 14 That member of his household, a distinguished Greek grammarian, was secured in $6 B.C. as a domestic tutor for his nephew Quintus. And here mention should be
made of
Tiro, stenog-
private secretary, stenographer, and general right-hand "JL^and man, whose speed in taking dictation was remarkable. 15 man.
without him.
to custom,
After
his
and published his letters and speeches. The master of the Tusculan villa, the leader of the
Roman
aedile,
bar,
and crim-
Rome,
Strange as
it
Cicero writes: "You will find that Tyrannio has made good arrangement of my books, the remains of which are better than I had expected. Still, I wish you would send me a couple of your library slaves for Tyrannio to employ as gluers, and in other subordinate work, and tell them to get some fine parchment to make titlepieces, which you Greeks, I think, call sillybi."
Att., iv, 4,
Ad
a wonderfully
15 18
See above, p. 79. See the letter of congratulation to Tiro from Cicero's brother Quintus,
xvi, 26.
Ad Fam.,
17
During the period when some of the praetors governed provinces, a regular sortitio took the form of an assignment of the two urban provinciae to two, and of the foreign provinces to two and afterward to four members
of the college.
p. 204.
160
AND WORKS
may seem to us, the praetor was primarily a great statesman or politician whose final function it was to enforce
was not necessarily a legal expert, as he looked for light and leading to the jurisconsults, who instructed him upon technical questions through their
the law.
res pons a prudentium. 16
It
is
He
office
had
to be sought at the
in their comitia,
from Cicero
all
forms of
such evils
trib-
venality,
19
a condition of things
To remedy
who
gained but
Pompey
with supreme
command
in
Otho
to
assign separate rows of seats in the theatres to the equestrian order, caused such popular tumults during the election held in the year 67
B.C.
election of praetors
nite result.
was twice adjourned without a defiIn the midst of it all "nobody is kept in
such perturbation at
candidates,
Rome
Through
at the
it all
who had
was
head of the
poll,
See above,
p.
69.
19 Ad Att., i, 11: "Scito nihil tarn exercitatum esse nunc Romae quam candidatos omnibus iniquitatibus." The comitia was twice postponed this year, evidently after the voting for Cicero had been completed. He was therefore able to say that he was "thrice returned at the head of the poll 20 Dio, xxxvi, 38. by a unanimous vote" (De Imp. Pomp., 2).
CICERO AS A STATESMAN
161
i,
When
66
B.C.,
and
in that
way
the
at the trial of C.
(mea de pecuniis repetundis), new judge was called upon to preside Licinius Macer, 21 who was charged
Despite his relations
provinces.
with Crassus,
who supported
him,
Macer was
convicted;
and
it is
name
campaign
against Mithridates,
would be
First political speech.
speech, the
He
therefore
seemed to
Romans, your numerous assembly has always and this place, which is most honorable to plead in, has also seemed always the most distinguished place for delivering an oration, still
Although,
me
this
all
which
As
it
was
at once
Rome and
by Hortensius
7
jjor^nsius
Catulus.
it.
Ad
12.
l62
CICERO, A
lawyer who
now
had not yet announced himself as the champion of the supremacy of the Senate; he was full of political ambition, and eager for the support of those "who held the assemblies." He was born a member of the equestrian class, and the knights, whose business interests in Asia were seriously endangered by the war, were eager for Pompey to take command, so great was their confidence in his
ability as a soldier.
Cicero therefore
moved
cautiously
tactfully
amid the
tribute to
difficult
Pompey:
Noble tribute No feeling of avarice ever turned him aside from his destined to Pompey. course to think of booty; no licentiousness attracted him to pleasure; no delights to self-indulgence; curiosity never tempted him
to explore cities,
in the
midst of
toil
he
shunned repose
am
Cnaeus Pom-
anyone
in the
else, to
acquirement of honors;
....
This
first
in a contio, a
meeta
who had
After a proposition of
called
so that the voters could hear the arguments pro and con,
same or a subsequent occasion, the comitia voted yes or no on the bill at a meeting regularly
called for that purpose.
CICERO AS A STATESMAN
the
163
Supreme
supreme command
in the
war
Pompey, who, after ending the East and organizing the Roman power in that
in
^TtedTn
Pompey.
him.
With
government of conquered provinces to proconsuls and propraetors. All provinces were so governed
to entrust the
term of
office in
the
city,
provinces.
But so
set
ship that he did not avail himself of that right at the end
it
more prudent
to
remain
con-
home
Canvass for
the consulship began
in 65 B.C.
announcement of
candidacy being
made
unes, on July
An
electioneering
document known as
in
De Petitione
Consulatus.
monograph prepared by
his brother
Rome,
way
in
electioneering
tactics as
such contests.
most While it
new man,
it
by
An
orator so distinguished as to
clients certainly
He
Pompey
for
command
in the
64
AND WORKS
The
who had
by proposing a law
The
divisor es.
in the
agents of electoral bribery (divisores) would in this canvass be kept within proper limits,
if
expenditure of
money
at
all.
There was
at this time at
Rome
a grave condition of
economic unrest, of
social discontent,
aggravated by the
all classes
of society
among whom
dates in
the field.
was now seeking support. The battle was on between the ins and the outs, between the privileged few and the suffering many. Seven candidates for the consulship were in the field: two nobles, Galba and Sacerdos; Conficius and Longinus,
had held
sus
who were out of the running; Caius Antonius, wh( a command under Sulla; Catiline and Cicero. Ii
and Caesar were too quick for him; they made term* with Antonius and Catiline and put them forward as can24 didates of the popular party.
As
tion,
elec-
with his unsleeping energy and bitterness against the conservatives, and Antonius, who was too unprincipled and too penurious to reject a golden opportunity, were exactly the instruments they needed.
Ferrero, Greatness
and Decline
of
Rome,
vol.
i,
p. 226.
CICERO AS A STATESMAN
tion through the
165
new
ian towns, the Senate adopted a resolution suggesting that a statute against corrupt practices,
more
stringent than
New statute
cornet
practices,
At
moment when
was aroused
to
anger
and assailed
his
in a
Speech,
<//L.
speech
known
25
be-
From
nius,
it
man
gains derived
from
this sort
meaning,
had
were
acquired
It is
among
the citizens."
anxious, while
Pompey was
own
in
far
away
in
the East, to
upon
affairs
by placing
After quesCicero
power of
in a
whom
had defended
reform
bill
criminal
to
cariHneand
Antonius.
Lange, vol.
iii,
p. 232.
i66
AND WORKS
mem-
Revives the
memory of
Fabia.
Have you
despise
this
dignity which
you
rely
on,
and,
therefore,
acquired by
your
life?
lived in such
a manner that there was no place so holy, that your presence did not bring suspicion of criminality into
even
when
there
was
no
guilt.
26
met
in the
were
was
deter-
mined by
lot
How
tion
a consular elec-
Each
may
be; and
it is
by the majority of
was
conducted.
whole
is
much weight
as
In such an assembly at
Vote taken by groups.
Rome
just as in
an American conven-
....
the enclosure
was deemed large enough to hold all the where such space could be found on
Forum
is
Roman
topography.
This enclosure was divided longitudinally into as many compartments (consaepta) as there were voting divisions.
division
Each
26
27
and
Jur., p. 711.
CICERO AS A STATESMAN
high gallery being connected with the various voting compart-
167
Issue decided
The
vote
singly,
The
all
issue
was decided by
had voted, the tickets were taken out of the urns by scrutineers, the numbers entered on tablets, and the result announced, the majority
the
a century
When
members of
elec-
of the
city in the
all
Campus Martius,
reached before
the group
had given
all
it,
obtained before
the groups
had voted.
So great was
ve
mous shouts
he
tribes,
form assumed
was
still
number of the centuries that decided the Cicero's record was clean, and the great middle
order, a
ship.
During the three preceding generations, the only "new man" who had reached that august station was his fellow-townsman, Marius, whose habit of being reelected consul became a kind of disease.
When
Greenidge,
Roman
i68
AND WORKS
as coni,
sul
January
ary
crowded Senate on the very day he assumed office, Janu1, 63 B.C., that he would seek "neither a province nor
63 B.C.
honor nor equipment whatsoever, nor advantage nor anything at all which a tribune of the people could oppose."
His further assurance was, "I will, Conscript Fathers, so demean myself in this magistracy as to be able to chastise the tribunes if they are at enmity with the Republic, and despise them if they are at enmity with myself." The grave reason for that prompt announcement is to be found in the fact that during the month of December the tribune Rullus had published a complicated and revolutionary
A radical
lex agraria.
power for
five
years over
all
of the Republic.
The
and buy what lands they saw fit; to require an account of all generals abroad, except Pompey, of the spoils taken in their wars 29 and to settle colonies wherever they thought
proper, especially at Capua. 30
Inaugural
delivered
in Senate.
later he
came
into the
The
30 See Plutarch's
summary,
xii.
CICERO AS A STATESMAN
their feelings
169
give
when he told them that Rullus was about to them ten royal masters armed with the power to
After saying:
I
Extracts
law, for
occurs to
my mind
that
two most
illustrious
men, two
from second
speech.
Roman
in
public domains which had previously been occupied by private individuals, therefore, [he added] I applied myself to the consideration
of this
would
find
it
so designed as to
really,
promote your
not in
word
fully advocate.
the
last,
But from the first clause of the proposed law to Romans, I find nothing else thought of, nothing else
at,
confederated with us
pretense and
name
of an agrarian law. 81
in
which the mute tribunes assailed him behind his back, they
abandoned the whole matter. 32 The new consul had won what Niebuhr calls "one of the most brilliant achievements of eloquence."
Upon
to
was called upon deal with another proposal put forward by a tribune
the heels of that performance he
full political rights to the
.
designed to restore
children of
.
men
P law to re-
efeatof a
store political
of vengeance,
had confiscated
their property r r *
from
by Sulla.
Agr., 11, 5, 6. 32 Cicero so enthralled the multitude that "They gave up to him the Agrarian Law, that is to say, their own bread." Pliny, Hist. Nat., vii,
De Lege
170
AND WORKS
might
be, Cicero
so tactful a speech
to
abandon the
agitation.
Then,
an equally remark-
How Cicero
quelled a
riot
able manner, he
was able
which
by his
tact
and
eloquence.
games or plays should be reserved for members of the equestrian class, was greeted upon entering the theatre by applause from the knights and by a storm of hisses from the common people. Cicero, entering at that moment, invited the crowd to follow him to the neighboring temple of Bellona from the steps of which he made to them an extempore speech, unfortunately lost, which so completely pacified them that, after
certain
rows of seats
at public
the
Grim and
irresistible
good humor.
There must good humor in the speech because, from the hint of it we derive from Macrobius, it appears that the orator upbraided them all for making such a noise when Roscius was acting.
they were on the point of mobbing.
irresistible
man
was the
first
to
win a
35
civil
Surely
"Some
Is
it
statesman
sion,
who won
man
of action?
And
yet such
is
who
has
drawn
a picture of
him otherwise
faultless, as
he appeared
at this time
34 Pliny, Hist. Nat., vii, 30. 35 As Eupolis of Pericles, so of
him
commendatory
CICERO AS A STATESMAN
Cicero was not a
171
Pen-picture y Ferrero
-
man
of action.
He was
money and
love of power,
He was
intellect,
man
of delicate sensibility,
lively imagination,
whose supreme
win admiration.
Apart from
and
he reproduced the
dis-
tinctive traits
If the swift
time
and
in
seemed
insur-
man
all
distinction
was no longer
a ques-
in troubled
waters
of the state
itself.
The first cloud was the land bills a man of straw propelled by Crasdisaffected
by proposing
redistribution of public
The
the
move
{heYristocracy.
own hands a tribune of the people thirty-seven years before. The charge was made by Labienus, an agent of Caesar, 37 who induced the
praetor, also an accomplice, to send the case before
two
judges (duumviri) of
whom
38 Ferrero, vol. i, quotes Boissier, Ciceron et ses amis, p. 38. p. 230, 37 Suet., Caes., xii. 38 As to the political significance of the trial, see Drumann, G. R., vol. iii,
who
p.
162;
Mommsen,
R. G., vol.
iii,
p.
i,
p. 236.
172
AND WORKS
When,
much
So stirred were
came forward
and of the
state
And
yet,
would
down
Janiculum. 40
Caesar
made
pontifex
maximus.
made
a bold stroke
away from
made
the successor of
Rome."
mixed up with all the vulgarest demagogues in 41 For that very reason it was the more neces-
The menace
of Crassus
and Caesar.
and
ordinary guaranties of
tives,
ii,
4.
days of an attack of the Etruscans, involving the suspension of all public business. 41 Ferrero, vol. i, p. 237.
in the early
A signal
CICERO AS A STATESMAN
would prevent the electoral corruptionfrom placing in the consulship for the next year the most dangerous revolutionist in the state. During the Italian war a brawny young giant, descended from one of the oldest and proudest of the patrician famadditional laws as
ists
ilies,
173
had
lifted himself to a
own
Marius Gratidianus, a kinsman of Cicero, whose bloody head he carried through the streets of Rome. He then cast upon the Vestal Fabia, the sister of Cicero's wife, the dark shadow of a name stained by every
turing to death
His offenses
<*s ainst
Cicero*
sensual crime.
And
yet he
He
Punic
right
War
With such
honorum,
Africa.
When
becoming praetor and then governor of he returned from that field with money
Impeached
S
dis-
fo re x t0 r"
t;
him
n and
oppression.
65 B.C.
As he was
the next year
way
when
Cicero,
whom
he regarded as a par-
by
made him
the
made
S
s
Pompey
^"J t
ug "
consulship.
174
CICERO, A
not likely
As
the former
was the
largest creditor in
Rome,
it is
gramme which
ing
all
revolutionary propaganda
But such a
....
quarters
among
moved
in the
most diverse
o:
Rome, among
had driven
Catiline
Cicero leader
07
among
the middle
whom
43
into debt.
Where
an^weakh
knights.
was a coalition between tne respectable aristocracy and the wealthy knights who drew together for the defense of law anc
counterblast to such a menace
The
property.
him of
his province of
Mace-
called
ship
Murena, an
of the
upon
man
new
electoral
bill.
was summoning Sulla's veterans from Etruria, that there was to be a wholesale massacre of the Senate, 44 Cicero was receiving exact information as
42
43
Ferrero, vol.
i,
p. 243.
4i
CICERO AS A STATESMAN
to all that
175
a lady of
if
was
actually going on
from Fulvia,
among
those
who
were.
So great was
in
his
Sabinum
to the capital a
body of
and protection.
At
servative candidates,
defiance
of
moment Servius, the strongest of the conwho was unwilling to spend money in his own law, withdrew from the contest,
his intention to prosecute
Murena
for bribery.
the very
took place
August. 46
in the last
days of
Thus
beset, Cicero
lion's
Senate sudC
the day before the date fixed for the elections, solemnly
V en e d on"eve
of election,
demanding that the vote should be postponed for several days so that an inquiry might be had into dangers threatening the
life
of the
state.
On
hoping
in that
way
to obtain
But that
artifice failed
when
brusqueness that
....
a
there
the one
weak
and
weak with
that, as
this last
long as he lived. 47
45
was long believed that the elections took place in October, but John has shown, I think once and for all, that they took place at the normal time, at the end of July or the beginning of August. C. John, Die Entstehungsgeschichte der Catilinarischen Verschivbrung, pp. 750-55; Ferrero, vol. i,
46 It
Mur.,
25, 51
Plut.,
cit., p.
750.
176
AND WORKS
would be the head of the only vigorous organ in the state the people was his morning the last word before the of election when Cicero,
his toga,
never appeared
in the
Campus Martius
the vote
came
was
Catiline
a second
defeated.
time;
Murena and
Only one
hope remained
Sulpicius,
to Catiline,
might be condemned
Cicero's
in the suit
defense of
Murena.
undertook
his defense,
by
come down
Certainly, the
more
after
who
the
claim
polls
re-
that
not
until
48
second
defeat
at
the die.
(repulsa)
when nothing
mained
sulship
to
and retirement
life.
Sulla,
with which
hills
army on
the capital
who were
to
His
if we count his abortive effort to become a evidence is very inconclusive and contradictory as to the so-called "first conspiracy of Catiline," assigned to the end of the year 66 B.C. and the beginning of the year 65 B.C. Certainly the plot never ripened into overt acts. 49 Cf. John, pp. 755-91.
candidate in 65
The
CICERO AS A STATESMAN
the support of such senators of profligate lives and des-
177
and
Bestia.
Months of
September
was impos-
H bx., depreparation,
became more
siege, or, as
proclamation of a state of
we should
Impressed by
was him-
convened the Senate for October 21, declaring at the sitting that he "knew all" that he then
;
had
Then
it
was, after Catiline had given an insolent reply to an invitation to clear himself, that the Senate proclaimed a state
51
of siege
it
into
There was then a lull in the storm until a great was caused by the news that Manlius was openly at the head of an army in Etruria, 52 and that he had writ' ten letters to Marcius saying that he and his followers had taken up arms because they could no longer bear the debts by which they were burdened. 53
sensation
Manlius a * thehead
of an
army
in
Etruria.
Then came
November
6, in
Meeting at thehouse
Or L.clCC3j
Laeca
54
his
November
6.
That
is
i, i,
proven by
iii,
Plut.,
Cic, xiv;
self, Cat.,
3.
51 Cat.,
i,
2.
;
52 Sail., Cat.,
xxx
'4Cf. Tarentino, C.
C,
pp. 8gf
John,
p. 792.
i7
AND WORKS
inciting
movement of Manlius by
begun by
who were
short by Fulvia
Cicero
But that move was cut who carried the news immediately to who, on November 8, convened the Senate in extrain the
ordinary session
Catilinarian,
November
was that Cicero, with Catiline present and unabashed until he was shunned by all his colleagues,
it
Then
8.
in
which he said
You
are
hemmed in on all sides all your plans are clearer than me remind you of them. Do you recollect that
;
on the 2ist of October I said in the Senate that on a certain day which was to be the 27th of October, C. Manlius, the satellite and servant of your audacity, would be in arms? Was I mistaken,
Catiline, not only in so important, so atrocious, so incredible a
fact, but,
what
is
much more
I said foi
also in the Senate that you had fixed the massacre of the nobles
when many
chief
men
Rome, not
so
much
57
He
in the
Long
you ought
to
tion by the consul's order; and on your head ought to have fallen
all.
By
Rome
5
never to return.
On
56
3.
CICERO AS A STATESMAN
day he passed out with a large bodyguard of armed men by the Aurelian Way which, after touching the Etruscan 58 leavcoast, turned eastward to Florentia and Faesulae, ing behind him a headless and irresolute group that lost
their nerve the
179
moment
their leader
Temple of Concord
in
Were Condemned
On
to
November
in the
9,
Second
ond Catilinarian,
the
people
in
Catihnamn, form of a r public address (contio) ' November 9. the Forum, whose note is one of
exultation
out, or,
O Romans, we have dismissed from the city, or driven when he was departing of his own accord, we have pursued with our words, Lucius Catiline, mad with audacity, breathing
At
length,
Plut, xvi;
Sail.,
Cat, xxxiv.
i8o
AND WORKS
He
is
and sword
to
you and
to this city.
gone, he has
injury will
No
now
And we
have, with-
For now that dagger will no longer hover about our sides; campus, in the Forum, in the senatehouse, aye, and within our own private walls What I have been waiting for, that I have gained namely, that you should all see that a conspiracy has been openly formed against the
we
who
who
There
is
no longer
thing,
.
.
room
even now,
grant
let
As
I
to the future, I
cannot
now
is
my
country, that
am
that I
must
There
if
is
no guard
at the gate,
no one plotting
not only any
shall feel
but
if
anyone
stirs in
I detect
action, but
The
Allobrogian
envoys.
as Cethegus, Statilius,
to carry
had left behind him, such Ceparius, and Lentulus, who were
by
inciting the slaves
on the work
at the capital
to rebellion,
by slaying Cicero
an<
commotion
to b<
same
own
destruction
Rome
limits
were nearly
modern Savoy.
to kindle
For
were asked
the flames of
war beyond
89 Cat.,
the Alps
ii, i,
by sending pikemen
4, 12.
CICERO AS A STATESMAN
and cavalry
quarter.
to
assist
181
the
After a conference
of Brutus,
in the
Conference
of sempro-*
nia,
who was
and com-
who
conferred at
wifeof
The
who
knew how
two envoys
how
promises
ers at Rome it was agreed that the envoys should return, accompanied by Volturcius, who had received from Lentulus 61 a short unsigned letter to Catiline with
whom
they
*' the envoys, as decern" g bridge, less than two miles ber2-3.
Way,
north of the
city,
With
had the chief conspirators, Lentulus, Cethegus, Statilius, and Gabinius, arrested and brought first to his house in the Carinae and thence to the Senate for a judicial inquiry which consumed nearly all of December 3. There the conspirators, confronted by the ambassadors and by their own letters, were surprised into a confession. At the end of the cross-examination before
the Senate, which sat on this occasion in the temple of Concord, Cicero, as he passed out, received a great ovation.
He
had occurred.
In a discourse
known
iii,
as the
Third
Catilinarian, he said:
60 Sail., Cat., xliv.
Cat.,
182
Third
Catilinarian,
AND WORKS
By
the
command
I
him
December
3.
tell all
he knew.
from
guard of the
slaves,
;
come toward
on
the
with
his
army
as quickly as possible
who
and
[Fearing
lest
said:] Unless I
had driven
this
man, so
active, so ready, so
auda-
nal exploits, from his plots within the city to the open warfare of
the
camp
(I will express
my
honest opinion,
citizens), I should
evil.
When, on
Attempt to involve Caesar and Crassus.
by hearing other witnesses, some of the conservative chiefs attempted to induce the conspirators to confess that Caesar and Crassus had been parties to the
the senators refused to believe the informers.
session
plot.
But
so the
And
Honors for
Cicero.
ended after rewards had been voted to Volturcius and the Allobrogian envoys; and after Cicero had received the splendid title of "Father of his country" an unprecedented honor accorded him in a resolution decree-
Debate on
the death
penalty,
had from conflagration, the citizens from massacre, Italy from war." The great day was December 5, when the Senate met
ing public thanksgiving to the gods for the services he
city
December
while the
excited
all
populace,
blocking the
Forum, the
temples, and
the result.
year,
who was
had given
his
CICERO AS A STATESMAN
opinion in favor of the death penalty,
all
183
who
followed
elect,
was
He,
was raised
the Senate to
tion of
inflict
As
the Senate
was not
it,
a judicial tribunal,
and as the
constitution gave
as such, no
it
power
penalty,
its
power
to inflict
in this case
depended upon
all.
if it
existed at
distin-
Forsyth'i
vlew
power
Under
such condi-
The
highest
may have
state against conspiracies (conjura- Greenidge's been the precedent for a power, the legality of view,
when
Yet Roman sentiment would the decree and its conFor Niebuhr's view, see Hist.
i,
p. 152.
vol. v, p. 25; for Mommsen's, Gesch. Rom., bk. v, ch. 5. After speaking, in his Roman History, of Cicero's act as "a brutal judicial
of
Rome,
Mommsen, in his more recent work, the Staatsrecht (vol. iii, 1246), holds that the Senatus consultum ultimum did really and legally justify the consul in treating all conspiring citizens as enemies when found
murder,"
p.
on Roman territory. His final complaint against Cicero seems to be that he should have consulted the Senate at all instead of putting the conspirators to death on his own responsibility.
iS 4
AND WORKS
would not have allowed the execution, without appeal, of a few prisoners captured
within the
city,
was taken:
Sihler's
view.
move
Did he Did he seriously question the constituNot Senate? Did he speak of an appeal?
To
takes
is
constitutional lawyers
who know
a tribunal that
away
its
is
life is
is
ment,
act
illegal
accused
active or passive.
called
upon
Fourth Catihnanan.
to execute
Fourth Catilinarian
in
which, despite
its
am biguous
He made
it
plain,
however, that
might be
is
Now,
my interest
if
you
fol-
low the opinion of Caius Caesar (since he has adopted this path in the Republic which is accounted the popular one), perhaps since he
is
Greenidge,
Roman
W. Botsford, "On the Legality of the Trial and Condemnation of the Catilinarian Conspira6 *Sihler,
pp. 163-64.
1913,
p. 130.
CICERO AS A STATESMAN
will be less to be dreaded by
i85
I
me;
if
know
let the
not whether
am
still
my
danger
I
seem to myself
and the
I
my
my
set
buried country, the sight of Cethegus and his madness raging amid
my
sight.
But when
have
hoped was
his destiny,
and
this
Gabinius arrayed
in the purple,
and the
flight of virgins
me
show myself
Therefore,
own
concerning your dominion, your liberty, and the safety of Italy and
whole
republic.
hesitate
to obey
who
own power
to execute
it.
65
it
plain
were
still
Caesar
Cato's fiery
was suddenly turned by Cato's fiery appeal which he imperiously demanded that law and order
infliction
who were
thus driven
by the tribune
elect,
house.
66
Most of
Mamertine.
Cat., v, 6, 11.
Veil.,
ii,
35.
i86
AND WORKS
different houses in
Mamertine prison 67 where they were strangled by the soldiers who acted as public executioners. After all was over,
Cicero announced to the awe-struck multitude the fate of
the traitors in a single
word: Vixerunt
"They
have
in the
ceased to live."
Demonstration in Cicero's honor.
68
He
In
words of Plutarch: "The women showed lights from honor of Cicero, and to behold
him returning with a splendid retinue of the principal citizens." A few weeks later Catiline, who had been able to arm only a few thousand men, after a bloody battle in which he fought with desperate bravery, was defeated
and
killed at Pistoria in Etruria.
sent to
Rome.
Despite the fact that Cicero was
Close of his career as a statesman.
still
in Cilicia, his
career as a states-
Rome, was now at an end. Nothing remained but a last word to the people before the inauguration of the new consuls, Murena and
man, as a director of public
affairs at
Silanus,
final
on January
all
I,
62
B.C.
But alas!
in
speaking that
word
a bitter cup
was pressed
When
by tribune's
veto.
laying
down
may
Sail.,
name
S3
Oh
(J
<~
2
5!
CICERO AS A STATESMAN
to prevent the consul
187
from standing
man should be allowed to who had condemned Roman citizens trial. With his usual quickness Cicero
Raising his
e
could be heard by
all,
^ate"nd
Ad Tarn., v,
2.
70 Cicero,
In Pisonem,
3.
CHAPTER
CICERO
VIII
AND POMPEY
made
heretofore to emphasize
public life as a
An attempt
the fact that
has been
mem-
ber of the
Roman
subject to the
cessful general,
ridatic war,
from the
first
Mith-
won
Marian
party.
At
was
to feel the
suc-
who, after his return from the last Mithriwas to establish as the conqueror of Spain, Africa, and Asia, a virtual dictatorship, destined to continue until near the close of his life in 43 B.C. During the
cessful general,
datic war,
year 48
of these
same year, are inseparable. The only permanent thing Sulla left behind him was a type o:
in the
Rome
"the
2
type of a
army which he
money and by
the sword."
Pom-
pcy.andCaesar as types.
After Sulla had passed away, that type was reproducec and after he hac form in Pompey; m0 re permanent r r
in a still
passed away,
in
Caesar.
life
was
1
to be
oi
Rome,
vol.
i,
p. 105.
Spada Palace.
189
As
and
in that
way
its
annals
become rather biographical than historical. As a soldier under Sulla, Cnaeus Pompeius, in common English form Pompey, connected himself with the aristocratic party; and the victories he won over the Marian armies at home, which brought to him the title of imby triumphs over the Marians in Sicily and Africa, which prompted Sulla to Next came his vicgive him the surname of Magnus. tories in Spain over the Marian leader Sestorius; and
perator,
Sulla's
ea
"
ip
f th
aristocracy,
were
soon
followed
blow to the slave insurrection headed by Spartacus. Thus it was that he won in 71 B.C. the consulship with Crassus, and a triumph in honor of his SpanFour years later, on motion of the tribune ish successes. Gabinius, he was entrusted with the extraordinary comthen the
final
mand
in
and complete
victory.
It is
in
Rome's empire
in the
East
in
recov-
be brought to a
upon him by Lucullus, might that task accomplished, he turned southward, and, after conquering Syria and Phoeclose.
With
nicia,
Pomp., 25 Dio, xxxvi, 6 Livy, Ep'tL, c. Josephus, Antiquities of the Jews, xiv, 4, 4; Zon., v, 6. But Cnaeus Pornpeius, after he had taken Jerusalem, though he was a conqueror, touched Cic, Pro Flac, 28. The Jews must nothing which was in that temple
; ;
8 Plut.,
190
AND WORKS
exercise such a
Pompey had
in-
vaded the penetralia of the Temple, and gazed upon its mysteries and its treasures, he was so overawed that he
left
all
Godhead.
one
Tacitus says:
and
God
of the
Jews described by
Tacitus.
^ ... m
{
God
.
only,
.
Him
.
they see in
,
an(j jjj
into
the
Deity.
directs
human form, attempt to give a The God of the Jews is the great
representation of the
governing
Mind
that
infinite,
and
In consequence,
no statue was to be seen in their city, much less in their temple. 5 Nothing perhaps is more remarkable than the fact that if the Aryan world of Europe has learned its arts and its laws from its own elder brethren, it is from the Semitic stranger that it has
learned
Pompey's re2 b.c.
its faith.
6
Toward
a b out to
Pompey was
re urn to
Rome
to what the most famous, most powerful, the wealthiest Roman would do. Would he come at the head of his army, abolish the
the
make himself
exercise an
dictator?
Certain
it
was
that he
would
immense
influence,
and
in
pending problems.
have been brought to Rome in great numbers after Pompey's conquest, because Cicero says that in five years they became so numerous and influential that they disturbed the popular assemblies and that an orator who did Pro Flac, 28. not desire to raise a storm was compelled to conciliate them.
5 Hist., v, 5.
Freeman, Comparative
Politics, p. 32.
191
that
moment one of
world at
aristocratic degenerate
Rome was the trial of Clodius, a young who had violated the mysteries of
recently celebrated, according to custom,
first
the
Bona Dea,
at the
house of the
praetor, Caesar. 7
Something
it
like
when
and
at
was reported
who gave
pictures
.
fruitfulness in marriage,
all
and statues of
profligate
either to
young His liaison lth had intruded himself dressed as a woman, ^ Pompcia. gratify prurient curiosity, or, what was far
.
,
men were
veiled, 8 a
propose a
bill in
way might be
easily accessible to
at
Brun-
When
during
Pompey's neu ra
his opinion as to
the
manner
in
in the trial
of Clodius
in the
assembly, a compromise
act in question
a sacrilege,
by
number
Caes., 9-10.
16.
Juvenal says that even a male mouse dared not show himself.
Ad Att.,\,
13;
i,
192
AND WORKS
in
Before the
trial
came on
the year
popular party,
called the
illegal executions
trial
At
the
Clodius pleaded an
at
Caesar and
Cicero as
witnesses.
Interamna some
sixty miles
As
Caesar,
knew
nothing, 10
from Rome when the when examined as a the defense might have
who appeared
as a
went forth
the
democrats
who were
5 in
who had
perished on December
at that time.
Pompeia
divorced.
same authority
Cicero and
Clodia.
is
to be believed, Cicero
was drawn
woman who
is
said to have
Roman
nobility.
fi
made
the assault
11
12
10 Plut.,
Val. Max.,
Plut.,
viii, 5, 5
Ad AtU,
i,
16.
Cic, 29.
193
who was
13
acquitted by a Clodius
Jj^JgLj,
bribery,
four
hundred
thousand
sesterces
condition
of
he said:
which seemed
us,
if
state of things
fixed
my
it
consulate, unless
some
from
thirty
made
to slip
one verdict,
you
call
a verdict,
when
individuals, the
some paltry
principle. 14
Senate and elsewhere, he published a carefully prepared aga invective against him of which only a few fragments survive.
The
following extract
may
be given as a specimen
O
to
extraordinary prodigy!
and of
nor of your
life,
nor of
dare
Do
you,
who were
clad in
woman's
attire,
you, when your were being bound with bandages, when an Egyptian turban
Did
and
j
veil
were being
fitted
down
when
all
Claudius?
13 "What did you want a guard for?" asked Catulus of one "Were you afraid lest you should be robbed of your bribe?"
of the judices.
u Ad Aft.,
15
i,
16.
Printed by Orelli, according to the corrections of Beier, from the Ambrosian manuscript.
194
AND WORKS
back of
The consequences.
As Cicero
Clodius, he applied
some years
later, to the
Mark
him
Antony.
culminated in a
The vengeful counterblast of the former movement that fired his house and drove
culminated
In the midst of
Cicero's
was
desire to
impress
Pompey.
upon the great caphad been doing great things in the East, he himself had been doing even greater things at home. He was eager to make Pompey
to impress
in the suppres-
the
in
the
6$
B.C.
Wounded
reply,
is
that
he
to
should
the
have
sneered
at
Pompey's
fell
flat
address
people,
rich,
which he said
distasteful
trifling
to
the poor,
to
the wicked,
and
to
the
good. 16
His time came however, when, after Pompey had made his first speech in the Senate, Crassus rose and paid a
glowing tribute to Cicero's splendid services
in saving,
home,
his country,
With
theme thus happily introduced, Cicero began, his reply in the presence of Pompey, who had never heard him before, determined to exhibit himself to the
best advantage.
18
Ad
Att.,
i,
14:
"Non jucunda
non
195
But I, good gods, how did I vaunt myself before my new hearer His first Pompey! If ever periods, transitions, the syllogisms of oratory, the s P eecnln his presence, , ,.~ ,. making or points by amplification they were at my service on that occasion. Why say more ? There was a roar of applause. For this was my theme about the decisive importance of the senatorial class, about harmony with the equestrian class, about the utterly
'
liv-
You know
well
how
it
can thunder on
cut short
17
was
may
my
description, as I think
in Epirus.
It
was
at this
moment when
social
aspirations
of
the
aristocratic
made home
splendid mansion
He
and
was now
neighbor of Caesar,
In order to
dwelt
in the
a purchase,
such establishments,
is
upon
form of
Sources
his
From money *
so contributed, or
the
form of
legacies,
Ad An.,
en ce qui concerne cette disposition particuliere, etant Dirigee contre Tabus des honoraires exageres, contre la lisence des avocats, comme dit Tacite, elle aurait pu produire de bons resultats: absolue dans ses prohibitions, elle ne fut respectee que par un petit nombre d'orateurs interesses a faire parade d'une generosite qui leur
un anachronisme.
Iprofitait."
Grellet-Dumazeau, Le Barreau Romain, p. 118. According to Gellius (xii, 12), Cicero, not having the ready money to make the purchase in question, accepted a loan of two million sesterces from P. Sulla, a client, then under indictment.
20
196
CICERO, A
mous income which could not have been derived in any more legitimate way. At the end of that year, 62 B.C.,
he writes to Sestius:
Let
the
me
tell
you, I
am
a conspiracy myself.
But
my
credit
is
fairly
money
lenders
I
know who
were
suffering.
At
this
time
was
him two million sesterces; and in addition to that he had his agreement with his colleague Antonius who, in consideration of the surrender to him of his province of Macedonia, was to send to Cicero a certain part of his gains. That subject was certainly alluded to in letContributions
ters to Atticus
(i,
from
Antonius.
in his financial
embarrassments.
At
that
ex-praetor Caesar,
of Spain in order
certain of his cred-
was threatened by
by
baggage
seized for debt.
bills
Not
until after
The
Pompey's gorgeous
triumph.
contrast
is
who
first
delayed
until
September, 61
triumph
Rome had
ever beheld.
The
day was
occu-
and money treasure of which the conquered had been By fresh tribute from the new provinces the despoiled.
21
Ad Fam.,
v, 6.
M Plut.,
Cues.,
ii
App., B. C,
ii,
8.
197
drachmae,
while
some
sixty
million
drachmae (2,500,000) had been brought back as a lump sum to be paid into the treasury of the state. The second day, Pompey's birthday, was occupied by the display of groups of unchained prisoners, of a crowd of princes
and hostages, seven sons of Mithridates, and many Albanian and Iberian chiefs, followed by the Great Captain
himself, clothed in a tunic said to have belonged to Alex-
brilliant
guard on
pur-
And
for
new
the
type,
who had
next year,
with
Celer,
brother-in-law
of
of the
citizen
politics
was wise enough at the close great pageant, to withdraw quietly as a private He was preparing to enter He prepares to his own house. to ter a move that involved the making of party ties j^;
alliances.
The
who
;
for
Roman
ties
His horoscope was already cast. 59 B.C. expansion had before it at that time as possibili-
and last and most important of all, extension of dominion in Europe toward the Danube and the Rhine. Into that vast field Caesar was destined to go in order
the annexation of Egypt, the invasion of Parthia,
Caesar's
to
else-
am mons
where.
1
him
23 App., Mithr., 116-17; VUny, N.H., xxxvii, Ferrero, vol. i, pp. 278-79.
2,
198
AND WORKS
the state, the one the holder of the purse, the other of the sword.
Pompey, and Caesar the enormous sum of 6,000 talents if they would secure for him from Rome,
despite the hesitation of the Senate, recognition as a
legiti-.
Revived moderate
democratic
party.
mate sovereign.
support
in a
Pompey's administration
in
the
way
as to enable
it
of the upper and middle classes, as in the year 70 B.C. In order to place his coalition on such a basis as would
secure the support of the moderate senators, actually a
such a reaction-
Pompey, and Caesar. The first named was told "that Caesar in all things would avail himself of Pompey's counsel and my own, and would
exert himself to bring about a union of Crassus with
Pompey."
The threeheaded monster born.
24
flattered, after
hesitating, he declined.
was born; the fame of Pompey, the wealth of Crassus, and the genius of Caesar were combined in what would now be called "a political ring," an unofficial body that took upon itself the entire direction
as
Varro
called
it,
of public
affairs.
The
Caesar and
Bibulus consuls for 59 B.C.
was
Ad Att., H,
3.
199
of
Roman
people, divid-
Very alarming news had arrived from Gaul; the Helvetii were in motion; another Teutonic invasion was on the horizon; and in Another Teu tomcin February of cq of vasion ? B.C., Metellus Celer, who as governor J on Gaul was to hold the supreme military command, had the horizon, died suddenly, possibly by poison. 27 Under such conditions Caesar, backed by Crassus and Pompey, prompted the tribune Vatinius to propose a bill giving him the government of Cisalpine Gaul and
thing of far greater importance.
.
->
>
all to
date from
of March.
In order to give
coalition,
more
stability to this
in
wonder-working
the fact that she
Marriage
>
of
pcyto
j u ij a
was
Coepio.
It is all
in
placing himself in a
Caesar
fol-
^l^lot
his uncle
Rome
who
in their
in the
form
to
establish at
Rome
such a form of
was
200
AND WORKS
In order to give
to maintain a
unhampered by senatorial
stability to such a
interference.
it
system
was necessary
permanent and
with that end
in
reliable majority in
the assembly,
and
who were
to be
mar-
and upper
clodius his
electoral
classes,
Thus armed
mined
to use
agent
as the
Pompey
that
59
B.C.,
Caesar's political
approved by
the
first
poor
at
working
classes
Rome
Not
until his
tion of these
His
first
when
He
defined the
present situation exactly when he wrote: "Granted that the power of the Senate was unpopular, what do you
think
it
will
be now, when
it
Ad Att.,
ii,
20; xxii,
2.
20
iii,
pp.
289^
201
the
game
thus
completely
in
his
own
hands,
Roman citizen uncondemned in due form of trial, shall be interdicted from fire and water." This bill of pains and penalties, in the nature of a bill of Bill of pains attainder, was called a privileqium. that is a law of special ""P* *""1 against Cicand not general application. The victim of such a bill ero offered, was banished by implication from all communion with
has put to death a
. .
his fellow-citizens
exile
in
its
him
a
into
While
agitation
for
such
law,
who was
attend
there
command
his
of
as
his
legions,
might
conduct
and express
that,
views
to
Cicero's
He
on that subject
J
while he condemned,
had
Pom P ey
evasive.
illegality
as the matter
Pompey were
When
near
who appealed
him on
in
The
the people,
Cicero's
mourning
in the
sup-
^llolh.
twenty thousand of
;
same
Rome
80 Livy, ciii;
ii,
45; Sihler,
p. 205.
Ad
202
AND WORKS
The
counterblast
was an
edict
for-
The
when
stones.
Under
backed by
his
armed mobs of
But wiser
in
friends, such as
advised him to go
a
away
hope that
triumph.
his
house
as
it
wisdom
set
34
it
to the Capitol,
and there
city."
up with the
It
inscription,
"guardian of the
was late in March when he left Rome, accompanied beyond the walls by tearful friends who assured him that he would soon be recalled. On the same day Clodius
presented a
name from
in the assembly interdicting Cicero by and water, and providing that no one should receive him in his house within five hundred miles
bill
fire
bill
It
if
with
shelter,
might be
Ad
M.
Tullius has been interdicted from fire and water?" See Pro Dotno Sua, the use of the perfect tense in the second or declaratory act, which proceeded upon the assumption that Cicero had been outlawed by the terms of the first law, and that he had acknowledged his guilt by going
18, 47, as to
into exile.
203
laid waste.
had only a short time before saved the life of the state, was outlawed and driven into exile by the mandate of the ancient popular assembly instigated by a clever and dissolute demagogue who was the electoral agent of statesmen of the new type who owed him their sympathy and protection. In speaking of the populace Cicero once said: "There are no sagacity, no penetration, no powers of discrimination,
"
no perseverance
in
the
common
The
fortune,
right
was now
to
when he
said:
fame and prove to the world that Seneca was "There is no one more unfortunate
it
Cicero lnexl e
than the
man who
in his
has
never been
been trained
in
power
home and
with
all
pomp and
free to
circumstance of an ambassador.
in state
***
He
was thus
to
roam
through
his
beloved
cities
were eager
But
like
Rachel mourn-
38
Pro Plancio,
"Nihil infelicitus eo, cui nihil illi se experiri." De Provld., iii. 38 "Mitius exilium faciunt loca."
unquam
Ep. ex Pont,,
7, 63.
204
AND WORKS
sad
life
to
land."
39
As the four-hundred-mile limit contained in the Clodian law made it imperative for him to depart in haste from the soil of Italy, he made his way toward Sicily, writing on the way to Atticus: "I know that the journey is a
vexatious one, but
trouble.
Forbidden Sicily, he
my
calamity
is
full
of
all
kinds of
More
40
cannot write;
am
so distressed
and
cast
down."
When
he was forbidden to go to
Sicily
went
to
Greece.
he sought Brundusium as the most convenient port from which he could cross to Greece. There, while sheltered by a Roman knight, Flaccus, in defiance of the Clodian
law, he wrote his
first letter
to Terentia
First letter
to Terentia.
Would
But
if
life.
fortune preserves to
me
if
have been
error [referring
no doubt]
but
no change, and
die in
still
my
life,
your
embrace. 41
To
wrote
His
lamentation
to Atticus.
Atticus,
who had
As
to
your many
fierce objurgations of
is
me
for
to
what aggravation
wanting
my weakness my calamity?
all
Who
else
with so large an
with
good men
'AW
8/iws
Fr.
Aiol., 23.
205
have
lived, I
have had
my
prime;
it
is
my
have nothing to
away
life
to-
equipment.
But
if it is
best for
it
my
is
children that
should
live, let
me endure
unendurable. 43
in the
who
support him
am,
why
should
in
You
must
a
I
woman, weak
not ask you
if
in health,
Can
of this,
have you
I shall
worn out
^Y^T"
what
I
become of you
utterly ruined.
best of wives!
my darling Tullia? Do you both see to it. And my Cicero, what will he do? I canI
know
Farewell,
my
Terentia,
my
and
44
my
remaining hope
At
from Brundusium
FromDyrraMacedonia
fearing to
where he was hospitably received by whose patron he had been at Rome. But, remain in the neighborhood of Autronius and
exile,
he determined
cius
to Macedonia where his friend Cnaeus Planwas praetor. Accompanied by Plancius he arrived, on May 23, in Thessalonica on the Thracian Sea, where Seven he remained for seven months. About this time his nths at rhessalonica. brother Quintus, who was governor of Asia, was returning to Italy from his province under serious apprehension 43 Ad Fam., xiv, 44 Ibid., xiv, 4. 4.
,
move on
206
AND WORKS
In order
sorely distressed
comfort
his brother,
Marcus wrote
letter,
to
15, saying:
I
To
to
sent a messenger
Quintus.
you without a
I
or that
be angry with you? For you would not have seen your brother not him whom you had quitted; not him whom you had known; not him whom you left in tears at your departure, when you were yourself in tears not even a trace of him not a shadow, but the image of a breathing corpse. 45
That
Could
Yes!
was unwilling
to be seen
by you.
In September Cicero
made up
his
mind
to
go to Epirus,
whose
him had been increased by a great inheritance of ten million sesterces ($440,000) from his stingy old uncle Caecilius. 46 He arrived at Dyrrachium
ability to help
Though my
me
a careful
your engagements had not hindered you from writing fully to me,
as has been
Up
me
here
by
his
effort to
go to Epirus. 47
On
To
And
48
the
to his wife:
think that a
woman
my
account
my
little
Quint. Frat., i, 3. 46 Nep., Alt., 5. Cicero greets Q. Caecilius Pomponianus Atticus, son of Quintus, in a letter written at Thessalonica, October 4 {Ad Att., iii, 20).
Ad
According
to custom, Atticus took his uncle's praenomen and nomen, Q. Caecilius, retaining his own nomen in an adjectival form (Pomponianus) as a cognomen.
47
Ad Att.,
iii,
22.
207
whom
That he had not lost all hope is made plain by that part of the same letter in which he says, "If we have all
the tribunes [for 57 B.C.],
if
Lentulus
is
as devoted as he
seems,
is
if
indeed
no need of
we have even Pompey and Caesar, there abandoning hope." The first year of his
from Atticus who, leaving Rome visit from in December for his country seat in Epirus, stopped on the way to pay Cicero a visit at Dyrrachium. The new year, 57 B.C., opened in such a way as to New year, prove that there was "no need of abandoning hope"; the brought hope,
exile closed with a visit
Rome from
made
it
had
when
was given new consuls, Lentulus and Metellus, supported by Cotta, moved in the Senate, the moment after their inauguration, that Cicero should be recalled. When,
turned.
Practical manifestation of that fact
the
Motion for
recall.
entirely illegal,
was necessary, Pompey very properly suggested was necessary to give legality to what the Senate had done. When an effort was made to pursue that course, one of the tribunes interposed his veto, and in that way the
was not submitted to the assembly until January 25, when Clodius was ready with his ruffians to raise a riot Before the riot was over in order to prevent a vote. many lives were lost; the tribune Serranus was severely wounded, and Quintus Cicero left for dead on the ground. Nothing could more vividly illustrate the convulsions in
bill
which the
Roman
Ad Fam., xiv,
1.
208
AND WORKS
and
set aside the
Roman mob
that defied
constitution
at the
moment when
two
Pompey and
Caesar,
backed by
Description of a
all Italy
recall:
Roman mob.
When we speak of the Roman mob, we must not forget that was much more frightful than our own, and was recruited from more formidable elements. Whatever just dismay the popit
ulace that emerges all at once from the lowest quarters of our
manufacturing
ber that at
cities,
on a day of
riot,
may
rememlower.
Rome
stratum descended
still
workmen, the ordinary tools of revolutions, there was all that crowd of freedmen demoralized by slavery, to whom liberty had given but one more means for evil doing; there were those gladiators, trained to fight beast or man, who made light of the death of others or themselves; there were still lower those fugitive slaves, who were indeed the worst of all classes, who, after having robbed or murdered at home, and lived by pillage on the road, came from all Italy to take refuge and disappear in the obscurity of the slums of Rome,
the vagabond strangers and starving
Below
an unclean and a
terrible multitude of
men without
lose.
family, without
It
was among
when such bands were abroad, Cicero "The Tiber was full of
mop up
The
fundathe
the
Roman
constitution.
was that the Roman constitution in mental days of the Republic vested the supreme powers of
state in a one-chamber popular assembly unrestrained by any of the checks and balances by which democracies are
49 Bossier,
*Pro Sext,
CICERO AND POMPEY
bridled in the
209
in
modern world.
Tacitus affirmed
advance
was impos-
when he
said:
is
In
all the
A
it
fact,
or
if
it
should,
will be
of
short
The
Roman
Republic was in the moderation, the patriotism, the sense of law of the citizen body
vested.
in
Only safeguard in
the people themselves.
When
that citizen
body the Republic perished, simply because there citizens upon whom it could depend. 52 Despite the earnest and persistent efforts of Pompey, Lentulus, Servilius, and other distinguished men, backed by the whole power of the Senate, Clodius, backed by his
lawless
53
August 4,
57 B.C.
assembly voting
the
Campus Martius,
where Clodius was at last contemptuously set aside. On that very day Cicero left Dyrrachium, landing at Brundusium on August 5, the birthday of his darling Tullia, 54 who, just widowed by the death of the faithful Piso, was there to welcome him. The twenty-four days consumed
in the
Triumphal
procession
to
Rome.
journey to
Rome was
a triumphal procession, an
unbroken ovation.
51
Ann.,
iv, 33.
"For a very long time," says Appian, "the Roman people was only a mixture of all the nations. The freedmen were confounded with the citizens, the slave had no longer anything to distinguish him from his master. In short, the distributions of corn that were made at Rome gathered
the beggars, the idle, the scoundrels
53 64
52
from
all Italy."
De
Bell. Civ.,
ii,
120.
The
Ad Att.,
210
AND WORKS
was no exaggeration, yea, less than the truth, when Cicero declared that he was carried back 55 As he approached to Rome on the shoulders of Italy. the city in September the Senate came to welcome him beyond the walls; he was placed in a gilded chariot waiting to receive him outside the gate; and as he passed
through the Forum along the Via Sacra to the Capitol
the entire population
his
went out
to receive him.
all
To
use
own
its
it
the city
its
was drawn
emoI
from
Is
liberator." 56
moment
a nature so
feel as
tional should
though
appear
to myself to
when
all
Rome were
Let us ban-
thought of hypocrisy;
let us
if
Who
seditious
mob?
if
Who
a murderer?
if Verres were to pretend to hate a thief, Milo Clodius were to decry adultery, Catiline accuse
if
were
to declaim
57
was forced
to realize that he
had made no
As
is
calm when
and
Roman
people, of
Cic, xxxiii.
44, Att.,
iv, i,
B7 Sat., 58
ii,
8.
Fro Cluent.,
49.
211
His remorseless and resourceful enemy Clodius was Clodius ready to "" and waiting ready for him at the head of the rabble that new the right. ' had ruled during the three years of anarchy which followed the seizure by the triumvirate of the government of the Republic. But before he was called upon to renew
,
in
tember
5,
September's
On
in a
the
same day he
same
Oration
in the
Forum
speech fa contio)
known
as the oration
Ad
vein.
The
Unites.
the assur-
endangered by
Therefore,
state that
his absence
I
his return:
in
when
I
was
was
such a
restored.
city in
But
which the Senate had no influence where there impunity for every crime
justice,
private
men were
their houses,
me
and
if
the Republic
in its
was
restored, I
company. 59
Upon
riots
59
60
in
Ad
Quirit., 6.
There had been a deficiency of grain in the provinces, especially in Ad Att., iv, I. The Sicily, from which Rome drew her main supply. streets, even the Forum, were so insecure that Cicero did not dare to stir
60
abroad.
212
AND WORKS
sen-
went
to the Capitol
Pompey
adoption as to
fleet,
an army, and
In that
way
Cicero,
to steer a
fromtheanstocracy to the
triumvirs.
and
the triumvirs,
cruelties he
now turned
had suffered at their hands, as he was advised to do by the shrewd Atticus and his brother Quintus. The aristocracy could never forgive him for being a "new man," a fact emphasized by the coldness with which they had received the enthusiastic demonstrations by which he had been honored upon his return, and by the stingy spirit in which they proposed to compensate him for the
made to feel that he was an object of envy; he said "those who have clippec my wings are sorry to see them grow again."
losses of his property.
He
was
also
still
In the midst of these mental perplexities Cicero was pursued by Clodius who, after destroying his house
on the Palatine, 62 had hoped to keep the owner out of possession of the ground by building upon it a temple dedicated to Liberty, levelling at the same time the adjoin81 62
Ad Att., iv,
The house
i.
more
and
of Clodius, near to that of Cicero on the Palatine, was magnificent, having cost, it is said, the enormous sum of 14,800,000 sesterces, or about 130,000. Its owner had adorned it with Greek paintings
N. H., xxxvi, 24, 2 Cic, Pro Dom., 43. The house of lower down the hill, a circumstance which explains his threat to increase its height, so as to shut out Clodius from a view of the city: "Tollam altius tectum, non ut ego te despiciam, sed ne tu aspicias, De Harusp. Res., 15. urbem earn, quam detere voluisti."
statues.
Plin.,
;
Cicero
was
little
213
monument of
his victory
over
the Cimbrians.
As
the land
college of pontiffs, to which Cicero addressed in September, 57 B.C., the oration known as Pro Domo Sua, which he considered his very best effort a brilliant retrospect
Oration Pro
omo ua"
full
him.
As
Mainquesd e "id e j
t
by
Clodius could
the college
he
who
per-
formed the office of consecration was not legally authorized to do so, then the area in question should be returned
to Cicero, 63
that his
a senatorial decree
state
and
his
house
Clodius,
who was
quick to sug-
who had down the temple of Liberty on the site upon which new house was being erected. When the Senate, thus
in a bill
O ratlon D '
.
on the subject of sacred places, Cicero delivered the ora83 The pontiffs said: "If neither by a command of the free burghers, in a lawful assembly (populi jussu), nor by plebiscite, he who avers that he dedicated the site to religious uses had specific authority given him to do so,
Haruspicum
Responsis.
the site
and has done it without such authority, we are of opinion that that part of which has been so dedicated may, without any violation of religion,
iv, 2.
214
AND WORKS
in
known
as
De
H aruspicum Responsis,
all
which, after
He
But
then,
my
is
it
was
when
fires,
knew
that he
was scorched
in
holy
of the Pontifex
licentiousness.
Maximus,
con-
A critical
moment in
Caesar's
career.
fame of Pompey by addThis was a critical moment in Caesar's career. He had been alarmed by reports that had reached him of the possible repeal of his agrarian law; of a growing feeling of hostility against the coalition; and above all he was eager to have his command renewed for five years. A proposition had been
ing vast areas beyond the Alps to the Empire.
made
in the
new
consuls elect.
On
the
Meeting at Luca with
Cicero.
April
5,
if
moved
house,
that on
May
15
Senate,
was
full
should discuss
And
so,
when he met
self-
Rome was
ex-
in these terms,
215
of
my
was indeed
Pompey was
heard
it
which
I,
had
from others, learned particularly from my brother. When Pompey met him [in Sardinia] a few days after leaving Luca, he said, "You are the very man I want to see, nothing more suitable could happen: unless you confer earnestly with your brother
Marcus, you must pay what you have pledged for him." Why make a long story of it ? He, Pompey, complained bitterly, called to mind his own services, his frequent conferences with my brother
himself concerning the acts of Caesar, and guaranties which he
all this
he
Under
in the
understood that
little
Senate would do
Alluding of course to
of his letters:
Since those
try to be
Pompey and
one
who have no power will not be my friends with those who have the power.
friends, let
me Who turned
to
\P e y
and Caesar.
He
adds:
I see clearly
now
\_scio
me asinum
germanum
fuisse].
But
it
is
now
time for
me
to take care of
That he
felt
we
know from
For what
indeed,
Especially mine! For you, Hisfeelingof is worse than our life? although you are by nature "political," are tied to no humiliation,
You
politics,
name
if is
of statesman.
say
What
;
grief,
however, must
who
what
laid
what
ought about
if
am
thought mad;
expedient, servile
shelf.
on the
And
the worst of
my
65
Ad Tarn.,
i,
9.
66
Ad Att,
iv, 5.
216
CICERO, A
He
To
once said:
yield to the times, that
is,
Such were the conditions under which Cicero, early in June, 56 B.C., spoke in Caesar's favor in the Senate in the
Oration
De
oration
known
as
De
Provinciis Consularibus,
Consulari-
!"!'J 56 B.c
une'
t ' on "
of Piso and Gabinius, Turning savagely upon the provincial administration of the last two, after declaring that he would not
permit his desire for personal revenge to influence his public duty, he said
Do
to recall those
men from
in their places?
Would you, could you retain there these men who are the destruction
disgracers of the
two
Empire?
When
more
he answered that
most important war [he said] has been waged any fixed system of
in
Gaul; very
by
mighty nations have been subdued by Caesar; but they are not yet
established with laws, or with
rights, or
If a successor
is
we may
hear that
momentous war are again fanned into flame and rekindled Even that great man, Caius Marius, whose godlike and amazing valor came to the assistance of the Roman people in many of its distresses and disasters, was content to check the enormous multitudes of Gauls who were forcing their way
the embers of this
into
cities
Italy,
and dwelling-places
217
seat of the
empire
of the world. 87
in
Gaul, while
Pompey and
p Crassus became consuls for the following year, 55 B.C., the two Spains and Africa being assigned to the former, and Crassus
and Syria
to the latter.
consuls fot
left
55 B.C.
to his legates;
and as the year 54 B.C. brought with it a renewal of the riots, the Senate, backed by all the better
home
in
order
by
his influence.
in the
summer of
the
year 53 B.C. the news fell upon Rome like a thunderbolt Death of Crassusln that he with a great part of his army had perished in the
sands beyond the Euphrates, victims to the archery of the
who was
With the father fell the son Publius member of the college of augurs. To that vacant and long-coveted office Cicero was now named by 69 Pompey holding it during the last r J and Hortensius,
a
. .
wily Parthians. 68
decade of his
life,
and giving
to
its
traditions serious
mass of forensic business which recent years had cast upon him. 70 The news of Caesar's victories had made a profound Profound a"*" impression at Rome, because they were discoveries as well ^" as victories. This consummate politician and man of the Rome by
study, despite the
who
resolved v
ctor j es#
Pompey
as a military leader,
six years that intervened between 58 and conquered the Helvetii at Autun; cut the Germans
67
De
14.
T0 See
Ad
Fam., xv,
4.
2l8
AND WORKS
;
under Ariovistus to pieces near Muhlhausen scattered the Belgae to the winds; conquered the Veneti; built a bridge
making that river the boundary of the Empire; and, above all, had impressed so profoundly the language, laws, and institutions of Rome upon the conquered as to give a Roman form to the civilization of
across the Rhine,
As
Two invasions of Brit-
incidental achievements
may
be mentioned Caesar's
in
Commentaries.
in their
Among
personal
letters,
friends of Cicero,
Quintus in
Caesar's
who kept up
a constant communication
official
camp.
who had
in
man
of them
all
ing the
dir
was Caesar's
literary tastt
course, his
power over public opinion, and the value of hi< eloquent words when sounding the praises of his great
71 It is
now agreed
that the
lished in 51 B.C.
72 Cicero made no mistake when he said one day to Caesar: "After our time there will be great debates about you, as there have been among ourPro Marcello, ix. selves."
219
Also Cicero's
friend Trebatius.
of the con-
Cicero
for him.
and
if
him "familiarly
and charm."
latter to
Such were the relations between Cicero and Caesar Break be-
when
the time
Pompey, who
in
affected a
The
first
September, 54 B.C., Julia, the daughter of Caesar and the wife of Pompey, died. After the death of Crassus in
the following year
became manifest that Pompey was drawing nearer to Cato as an ally, and was becoming more disposed to act as the champion of the Senate, regardless of Caesar. That tendency was strengthened by the growth of anarchy and confusion at Rome, which prompted even strict constitutionalists like Cicero to speak
it
like
The year 52
result
B.C.,
account given
"savior of
Trat.,
iii, 8.
"savior of
society," as
Pompey became
Pomp., 54;
the
sole consul.
Ad
Fam.,
vii, 5.
Ad Quint
220
AND WORKS
comfive years,
by an
mand being at
the
and
drawn
in the Senate which, alarmed by was determined to force Pompey to lead the attack upon him which could not be made
without him.
From
The
inevita-
that time
down
the
war
a collision
became
type
ble conflict.
avert type
between "the of
it,
two
rival
statesmen of the
new
head of a
Under
sular governments
providing
of
five
and
that, in the
Cicero
He
was forced
to
went away owing Caesar 800,000 sesterces, the payment of which he entrusted to Atticus; 78 and on the way to Brundusium he
as tutor to his son
and nephew. 77
an excellent frame of mind, and thoroughly prepared to referring, no ward off the danger that is feared" 79
76 Plut.,
76
77
Pomp., 56 App., B. C, ii, 24. "Contra voluntatem meam et praeter opinionem." Ad AtU, v, 3 v, 9.
; ;
Ad
Fam.,
iii,
2.
78 Ibid., v,
1.
79 Ibid., v, 7.
221
Caesar.
He
of about twenty-eight years, and at Laodicea on July 2?2J!i!!? 31, dating from that day his term which he hoped of twenty-
more than a year. In a letter expressing his longings for the Forum, his home and friends, he told Atticus that "the saddle had been put on the wrong horse." 80 It was his good fortune to succeed Appius Claudius, a most rapacious ruler, who had nearly
would not
last
elg
year8#
was
of a
man
than that of a
bounded popularity. If in home politics he was at times wavering and irresolute, his conspicuous honesty and humanity in the midst of great temptations place him
above
all
Conspicuous
a nd
{j*|Ji t
r
The
provincials found in
him such a
ruler as they
had never
known before, because he recognized the fact that "Nothing is more praiseworthy, nothing more suited to a great
and
illustrious
man
sition."
however,
Thirst for n 1 tary
)
by an unbecoming
of his besetting
sin, vanity, after some decided successes had been won over the Parthians through operations carried on chiefly by his brother Quintus, who was an experienced soldier. Everything was reported with great
pomp
hope that
first
supplications in
finally a
Ad Att.,
5,
222
AND WORKS
a supplicatio, 81 or
Only
in honor of his successes, was decreed; and was postponed until the following year. His greatest longing, perhaps, was for his return, for which he was now preparing at the end of an administra-
thanksgiving
that
$98,800) remained, as his strictly legal perquisites, beyond the sum voted by the Senate for his expenses. That
sum, deposited with
Roman
in the civil
Caelius wrote:
The
issue be-
This
is
tween Caesar
^g g 0vernmen t
other
of
re-
in
any
way but
is
that of surrendering
army and
provinces.
Caesar
still
he leaves his
But army:
him Cicero began his journey homeward, stopping at Rhodes, where he heard of the death of his old friend and rival Hortensius, and
With
at
Cicero,
returning,
meets
Pompey.
from his wife, Terentia. He arrived at Brundusium the last week in November; and on December II, while traveling slowly northward, he met Pompey. "We were two hours together," he said. "Pompey was delighted at my arrival. He spoke of my triumph and promised to do He advised me to keep away from the Senate his part.
old
till it
81 82
was arranged,
it.
lest I
85
Ad Fam., xv,
may
to
Ad
Fam.,
v, 20.
14.
5.
83 Ibid., viii,
84 Ibid., xiv,
Reference
prefixed
here be
liminary
discourse
his
edition
from 51-44
85
B.C.: Der Briefivechsel des M. consulat in Cilicien bis zu Caesar's Ermordung, Leipzig, 1893.
made
of
Cicero's
Ad Att.,
vii, 4.
223
On December
pey at
had a second conference with PomFormiae, who seemed to have neither hope nor
27, he
For he thinks thus: If Caesar be made consul, even after he was parted from his army, the constitution will be at an end.
He
thinks,
also,
that
when Caesar
hears
of
the
preparations
keep his
88
Rome January
still
4,
49
B.C.,
Reached the
in a state
of |omejanuary 4 ,49B.c.
The
claim he was
making for
him
which relieved him of the embarrassment at this critical moment that a seat in the Senate would have imposed
upon him.
After the death of Caesar's daughter
allied himself Julia,
Pompey
Pompey's
more
by marry- J^Jj^*
aristocracy,
ing into the noble family of the Metelli, and during his
third consulship, with his father-in-law, Caecilius Metellus Pius, as a colleague,
As
the tre-
Contempt for
"
mendous
and
crisis
^J!*" JJj
Formiae
opponent.
great
contempt
for
Caesar
as
military
contempt,
thought,
I
when
tainties of
war; but
was
relieved to hear a
man
of courage
like a
My
own
vexation
I
is,
that I
set
my
debt,
It
is
had
apart for
my
88
triumph.
owe money
8.
to a political antagonist.
87
Ad An., vii,
Ad
88
Ad Att.,
vii, 8.
224
Cicero reveals his doubts and fears to
Atticus.
AND WORKS
49
B.C.,
all
we have
mind
at the
in-
with
him
moment when, by
clined to
was
deem
it
to regulate
our opinions as
we
do a ship and a
commonwealth. 89
from Brundusium he
Since, however, things
ask, as
says:
have come to such a
shall be
pass,
I
will not
is
the
where Pompey will happen when, as you say, I holds the helm. As to am called upon, "Speak, Marc Tully!" I will answer shortly, "J Privately, however, I will urge agree with Cnaeus Pompey." him to peaceful counsels. For my opinion is that we run the You who are in the city know more than I do. greatest hazard.
That what
my
ship
However,
that
we have
to
do with a
man
ful
The
first
question the
new
beginning
of 49 B.C.
from Ravenna
to
Rome from
command
that condi-
Caesar,
if
who proposed to lay down his Pompey would do the same, adding
military
that
if
was not complied with he would not be wanting in his duty to himself and his country. The consul Lentulus, backed by Metellus Scipio, the father-in-law of Pompey,
tion
Pom-
Pro Plane,
39.
90
Ad Att.,
vii, 3.
225
him
his
proposed
if
the Senate
would follow
army by
The
masse; and
in
Marc Antony
But the delay
Theulti-
their veto.
moment.
On
^uary 6.
suffered no harm. 91
On
from Rome to had crossed the Rubicon. With wonderful foresight Cicero had anticipated what actually happened when he wrote:
and Quintus Cassius,
fled
Or
if
rousing the
deprived of his
office,
The
and bewilfirst
Rapidity dv anc e
upon the heart of the peninsula, dashing through the upland valleys midway between the two seas, and in that way arriving at Rome as the undisputed master of Italy
by the end of March.
Pompey having
at
r^
failed to sustain
Domitius Ahenobarbus
1
Pompey's
flight to
t heEast.
in the
Apennines
in
r+
Laeits
hope was
with
C,
i,
5.
92
Ad
Att,
vii, 9.
226
AND WORKS
still
long run. 93
Before the
My
and
and
political, attach
me
to
Pompey.
my
power of a man
is
whom
can trust
This
my
I pass
how
he himself armed
man
how how
supported
Clodius, helped
me
me
afterward;
how
up in everything; how, in his third consulship, when he had begun to defend the constitution, he yet moved the tribunes to carry a resolution for taking Caesar's name in his absence, and
Regarded by
Cicero as
disgraceful.
himself sanctioned
it
by a law of his
own how
;
he resisted Marcus
Marcellus,
I.
who would
March
Let us forget all this: but what was ever more disgraceful 94 than the flight from Rome?
By February 17, Pompey had begun to direct all forces to move toward Brundusium; and, attended by
consuls, a majority of the Senate,
his
the
and
a long train of
young
Scipios,
patricians,
Metelli
and
abandoned
In a letter to
Pompey, Cicero
to
said:
for peace,
My
advice
was always
in
Italy.
I
Rome.
You
saving
it.
The
constitution
93 "A victory in the East means the personal supremacy of Pompey. We cannot agree with Cicero, who represents his flight from Italy as the result of a panic. No; it was a well-considered plan, which, on the whole, wa9 the only plan likely to secure for Pompey a position like that which Caesar
actually attained."
*
Tyrrell, Cicero
in
His
Ad
AtU,
viii, 3.
227
if I
now
will
They
been taken,
can but do
my
fallen.
if
How
he does
are
so
Letters to
how
alert,
how
well prepared!
By
Jove,
Att,CU9 -
who
terrified,
talk
They care for nothing but their They have gone right round. 98
My
soon
wait
till
can go by the
I
upper sea;
lest I
this season.
must
I
start
be detained.
have
long
known him
to be the
worst of
I
politicians,
I
and
know him
now?
now
go because
am
sneered at by
the optimates.
Precious optimates!
receive Caesar as a
god.
97
Again
Pompey has
remaining.
to be absent
sailed.
I
My
I
efforts
am now
my
me
soon to meet.
points.
I
fear he
will refuse.
two
expected an
arrangement; and
a cruel
best.
95
hand more plainly. But mark me, it will be carried out most
Pompey has resolved upon Pompey is aiming at monarchy I know what I say. Never did he show Has he not a good cause? The very
perceive that
foully.
He means
Ad
clear
and elaborate statement, with the prompted Cicero to follow Pompey, see
Tyrrell, Cicero in
97
His
Ad
228
AND WORKS
Rome and
all
may do
I
is
frightful. 98
.... Why
did not
follow
I
Pompey when
On
January
In no was he acting in a way to make it proper for me to join his flight. But now my love for him revives; now my regret for him is more than I can bear; books and philosophy please me no
17
respect
more.
long to
Cicero's
sea,
and
away."
Still
hope of a
settlement.
the middle of
Pompey, about March, crossed the Adriatic to Epirus. Such hope of a settlement was kept alive by Caesar's agents at Rome 100 and by Caesar himself who, on March
on
his
way
that
to the capital
Rome,
I
am
1
I
wont,
Met Caesar
at Formiae.
Let
me
tell
is
more
agreeable than your Dolabella." On March 27 or 28, Caesar and Cicero met at Formiae, where the great soldier
101
laid
down
had
per-
was soon
him.
to meet, because he
way
matter over.
There was
no saying nay
So we parted."
In refusing to
Ad Att.,
ix,
7
Ka.8a.irep 6pvis
Plato,
Epis.,
348A.
100
Ad Att.,
ix, 13
(a)
229
it
But
come
to pass."
Still
hoping
His rapid
JJJJJjjJJ
win Cicero, Caesar, before sailing away to subdue Spain in forty days, wrote him a personal letter, dated
to
Nobody
if
would condemn my
me
left
Antony,
1
to him, saying,
You and
is
there
Think
is
none
to
any
but to
my
enthu-
Do
He
make up
his
mind
Cicero went
ipey
T
a vessel
when he went from Cumae to Formiae where was ready for him. On the seventh, after writing
106
n !I
removed from men in arms, he embarked with his brother, son, and nephew, and sailed to the opposite coast to join Pompey. Nearly four years
those villas farthest
later he
I
wrote:
I
seemed to
me
Ad A
tt., \x,
18.
v*Ibid.t
x,
(b).
104 Ibid., x, 8
my
In that letter Antony says: "For I want to convince dearer to me than you are, except my Caesar, and that conviction at the same time is that Caesar gives M. Cicero a very high
(a).
is
place
among
his friends."
Ad
the
home
at
At the close he says: "You can with advantage use 7. Arpinum with your town establishment, if the price of food
goes up."
230
I
AND WORKS
sense of right
my
and
my
A mission of
despair.
that Cicero
it
went on a mission
was
certainly very
Pompey's
coldness.
coming to them, as their cause was was likely that the orator could have been of more service to his friends and country if he had remained at home. 108 Certainly he was treated neither with confidence nor consideration by Pompey, who, after he had indulged in sarcastic comments as to the unpreparedness of his army, as Macrobius tells us, said, "I wish Cicero would go over to the enemy that he may learn to
his folly in
it
him for
desperate, and as
fear us."
this
And
Pompey
at
time a considerable
sum of money
to help
on the
cause.
The
letter to Atticus
Dyrrachium relates mainly to financial matters. 109 There it was that Caesar first encountered Pompey, a year after the departure of the latter from Italy; and there it was that Caesar suffered a most unexpected defeat which forced him to retire in a kind of flight toward Macedonia. That success, Cicero tells us, so turned Pompey's
head
....
that
from
this
moment
that great
man
ceased
to be a
veteran legions
most robust and was shamefully beaten, with the loss of his camp,
army
to the
and forced
Pharsalia,
to fly
away
is
alone. 110
And
107
August
48
B.C.
9,
August Ad
48
B.C.,
old
style,
by the
Roman
aristocracy in
letter
B.C.
231
forty-seven
Cato were present; both had remained in the camp at Dyrrachium where the latter commanded with fifteen
cohorts.
When
Cato
his
offered the
command
111
on account of
and when he declined it, according to young Pompey drew his sword and would have killed him but for Cato's interference. After twentyfour thousand Pompeians had surrendered, Cicero, resuperior dignity,
Plutarch,
Cicero's re.
*
October
absence
months.
In
letter
to
Plancius he said
Victory on one side meant massacre, on the other slavery.
consoles
It
Letters to
* lanclus >
me
to
remember that
much
attached
Marius.
war; but
saw,
if
we had
the better,
how
cruel
we were
must
defeated,
how many
I
fall.
Yet when
argued
and offered
my
was
You and
a civil
how
the state
would
I
suffer
from
army and
itself
its
generals;
we knew
that victory in
war was
dreaded the
success of those to
whom
In a letter to
Marcus Marius he
it,
I despaired of success
When Pompey
war.
him
to protract the
iv, 14.
Thus
Ad Tarn.,
232
AND WORKS
Dyrrachium.
for the time he approved, and he might have continued firm but
from the
battle of
From
pline.
self.
man
ceased to be a general.
With
raw and
inexperienced
army he engaged
the end
I
On
camp and
retired
For me
was
me were
fly to
either to be killed in
in Africa, or hide
Juba
114
Ad
Fain., vii,
3.
Julius Caesar.
British
Museum.
CHAPTER
CICERO
IX
AND CAESAR
Cicero was wide of the mark when he assumed that the civil war had ended with the triumph of Caesar at Pharsalia. Nearly three years of bitter strife were to pass by before the final overthrow of the Pompeians in March, 45 B.C., at Munda, near Cordova, in one of the most desperate battles in which Caesar was ever
engaged.
Instead of being able to return to Italy, the victor of
Pharsalia
Caesar after
arsa ia
'
was compelled
Pompey
title
to Alexandria, whence,
after an embarrassing
war
in five days.
Not
until
he
affairs
was he able
in
in
August, 47
to return to
Rome
in
5^,, R ome
in 47 b.c.
for
where
Scipio,
Cato,
Afranius,
assisted
Labienus,
and the
Juba,
other
Pompeian
of
generals,
by King
a
held
possession
that
province
with
vast
army.
A
1
were
in the
peninsula of
it
There
was that
famous message
52-55.
to the
233
234
Battle of
AND WORKS
46
B.C.
;
in April,
there
his
was that Cato of Utica, ultimus Romanorum, fell upon sword and died. 3 After his return to Rome in July,
Caesar, on four separate days,
as a world-conqueror,
yet.
now
vius,
fifty-five
and
in
failing health,
was compelled
to
in
headed by Labienus
Munda
sand
youths
Roman knights, "the last remains who had threatened Caesar with
of the haughty
their
swords
in
Forum" 4
until
he was
had hacked
Clodius'
mob
in the
September, 45 B.C., to resume the suspended work of practical reform. 5 During the five years and more
that intervened between the crossing of the Rubicon, about
the middle of January, the ides of
49
B.C.,
and
his assassination
on
March, 44
B.C.,
His
real
abroad.
built
Foundations
of the
It
rial
up that pronounced and permanent form of dictatopower that enabled him to lay deep the foundations
new
imperial
system.
of the
3
new
About April
p.
420.
war. There upper class held, for the prolongation of the dictatorship. The decisive moment, then, was approaching; at last the world would know whether Caesar cared more for liberty Ferrero, Greatness and or for the temptations of tyranny and revolution.
of
Munda seemed
ii,
p. 289.
235
lent
Rome, without any sudden or viooutward changes, was silently yet swiftly transin the history
formed.
Nothing
of institutions
is
more
subtle
A subtle
,i ttanifor
Roman
constitution in the
mation.
was centralized
in the
ruler,
The magic wand Magic wand it was drawn. lc a " wrought the transformation was the dictatorship, ors y p# which necessarily implied a temporary suspension of
organs from which
that
all
constitutional
government
a
in
state
no harm.
arrived
As
at
Sulla
had made
tentative
demonstration
a
of
the
process
finality.
Caesar was
death he was,
in his
first
48
B.C.,
absence, with
Antony
lute
governor
made dictator for ten years; after the battle of Munda, in 44 B.C., he was made dictator for life. The "perpetual dictatorship" thus granted excited
was, in 46 B.C.,
the bitter animosity of the republicans, because
a perpetual suspension
it
"Perpetual
the^title
implied an d
imperator.
arate
The
and
tribunician
power was
title
40; Dion.,
xliii, 44.
imperator
in this sense,
Mommsen,
vol.
iii,
note.
236
AND WORKS
From
Power
of the
money
in the
treasury on
Rome 8
he assumed, as
affairs,
his
The
had been made for the government of a single city; and the attempt was made to apply it to the government of a growing empire, it simply broke down because its clumsy machinery was inadequate to the task. The
when
clear,
simply
made
a severance, taking
all
he saw
fit
to
make
in
it,
Rome
as a city-state.
Old
republican
constitution
To
at the
same
municipalized.
who
While
still
by the
mag-
and
tribunes,
to go
The
tribunicia potestas
life; it
must have been regarded even now as the ideal complement of a lasting imperium, valuable for the inviolability it conferred and for the civil and popular coloring which it gave its holder. -Greenidge,
Roman
Public Life,
p. 337.
CICERO AND CAESAR
at a time left without regular magistrates,
like a
237
dependent
city
command. 11
year 81 B.C.
The dwindling process had been going on since the From that time the consuls and praetors
purely municipal business; while, since the enfranchiseincident to the Italian war, the comitia, although
asa ,
assembly.
ment
still
recognized in theory as the ultimate source of all * power, had become little more than assemblies of the
local
Roman
populace.
became merely municipal offices, the assembly of the sovereign people lost its law-making power, retaining no right to represent the true Roman people except when called upon to make a formal confirmation of the authority of the ruler of the Empire which was his
tracies
already.
Nothing
Senate,
is
who had
places
gn a
filling their
parts
number of senators
list
to 900.
Instead
4c
B.C.,
.
_
Praefectura
morum,
;
12
Zumpt, Stud. Rom., p. 241 Suet., 76. 11 Suet., 41 "Caesar dictator .... commendo vobis ilium et ilium, ut vestro suffragio suam dignitatem teneant." Cf. the admirable article on "Rome," ancient history, by H. F. Pelham, M.A. (Enc. Brit., 9th ed.), to which I am greatly indebted.
:
Mommsen,
C.I.L., vol.
i,
p. 41.
238
AND WORKS
sudden
influx
of plundered wealth.
When
became
the
the
Roman
power of
so at the very
moment when
it
the Senate
Roman
statute
while the
in
Roman
state
monwealth
e.,
theory, the
power of
emperor was
"first citizen"
Imperial
legislation
from the time of Diocletian to Constantine, it was the power of a monarch. After imperial legislation had
thus superseded senatorial legislation, after an imperial
statute
superseded
senatorial.
nation as a whole,
to
the
to dis-
from
words of
a master:
first
sole
ruler of
assumed merely
as
was But in
44
B.C.,
Roman monarchy
title
was not assumed, out of deference to the feelings of the masses, who saw in it merely a synonym of oriental despotism; and for the same reason the diadem was declined. But every educated Roman knew that the Roman monIt
is
rex
archy had been nothing else than the unlimited imperium, and
239 was
there-
fore a
living,
concealment of
title
now
Monarchical
may
call
Caesar,
^epubHcan
forms,
districts
of a growing
and Carthage,
and by allotments of land on a large scale in Italy, whereby decaying rural communities were reinforced by
fresh groups of settlers. 15
Roman
calendar Calendar
an Alexandrian astronomer,
he purified the adChanges
t
moon
system.
new
And
finally,
popular element
or "the tyrant,"
among
if
the judices.
While the
regent,
cri
m fna u aw
could to reconstruct
gressive
Rome as a well-ordered and procommonwealth, he was planning other schemes of administrative reform that contemplated the turning
of the course of the Tiber, the draining of the Fucine
new
its
periphery. 17
Greenidge,
Roman
',
temporary stimulus given to Italian industry by the reimposition on foreign goods of harbor dues, see Suet., 42, 43. ie It is not unlikely that he had made acquaintance with Sosigenes in Egypt, and had discussed the problem with him in the hours during which he is supposed to have amused himself in the arms of Cleopatra. Froude,
to the
As
Caes., p. 386.
17 Plut. Caes.,
xliii, 51.
240
AND WORKS
subtle
describing
the
process
silently
is
like
an old
man
Roman
who
his
still
;
in the fashion of
;
re-
youth
is
what you
see of
him
is still
the
see
wholly altered. 18
in the
monarchy.
Roman
Republic
into
was
silently
transformed under
very eyes
hereditary monarchy.
tution the
To
it,
after
it
had perished
through
Cicero's illusion as to the
its
own
infirmities.
He
under the
dead
Republic.
he
it
was
actually
dead
its
vitals
which had
deprived
it
of citizens.
illusion,
it
amounting to an
during the
possible to understand
Caesar and to
political events
March
a period during
was the
After
48
Beginning
of coldness
to Terentia.
B.C.,
his arrival at Brundusium early in November, hoping to meet Caesar then at Alexandria, he
seems to have declined to permit Terentia to come to him: "I don't see what good you can do me if you do
come.
Good-bye."
18
19
Eng. Const.,
p. 34.
Ad Fam., xiv,
12.
241
coldness
was
so far
Cilicia,
5150
B.C.;
ar-
to return,
symptom of estrangement appears in the short, cold, and conventional notes from Pompey's camp. If Plutarch is to be believed, Cicero was "neglected by Neglected by er her during the war [the Dyrrachium-Pharsalus cam- p r m paign] when he was left in dire want." 22 At any rate Pharsalus
next
The
j2
-
him during his long stay at Brundusium, whither he had gone by reason of a letter written by Dolabella at the command of Caesar, who had told him
she did not go to
to write to his father-in-law to return to Italy
ately.
irapaign
'
immedi-
Under
regent's
all-powerful
undertook to
in-
That
had
intervenfact that
tion
was
specially necessary
by reason of the
Quintus,
in
now
a pronounced Caesarean,
own
from whose devotion and prestige he had derived whatever importance he had enjoyed.
Therefore, when on
:
Ingratitude
January 3 he wrote to Atticus, he said "I am writing this to you on my birthday, on which day would that I had
20 It
21
Qulntus
was
Tullia's birthday.
Ad
Att., iv, i.
At Athens he received
5.
a letter
old.
Ad
Fam., xiv,
242
AND WORKS
Tears prevent
me
Meeting
of Cicero
writing more."
until
23
and Caesar,
September,
47
B.C.
Letter to
Varro.
to lift, when met Cicero between Taurentum and Brundusium, embracing him, and giving him freedom to live anywhere in Italy he chose. We have no account of the interview from the orator's own pen; we only know from Plutarch that "Caesar, as soon as he saw him coming a good way before the rest of the company, came down to meet him, saluted him, and leading the way, conversed with him alone for some furlongs." Soon he was at his beloved Tusculan villa, in the Alban hills, and there he remained until December, when he returned to Rome within whose walls he had not been since his departure to assume the proconsular government of Cilicia in 5 1 B.C. From his old quarters in town he wrote to Varro, the "most learned of the Romans," and the author, it is said, of 490 books (two only of which
Not
Caesar, upon
me
to tell
you
that, since
my
effected a reconciliation
with
my
old friends, I
mean my books;
to
is
that I
had
fallen out
was half-ashamed
I
For
thought,
allies
when
I
maelstrom of
their precepts.
civil strife,
with
whom
trusting, that I had not shown proper respect for They pardon me; they recall me to the old intisay,
I for
never having
2*
It
was
at the
end of
this
year or early
in the next,
46
now
a gray-headed
man
of sixty-one,
whom
AdFam.,
ix, 1.
CICERO AND CAESAR
some
thirty years. 25
243
The lame
which seems to have been caused largely by the carelessness or dishonesty of her steward, Philotimus. 26
letter to
In a
states his
own
case:
I
new
Cicero's plea,
disaster
had
not on
my
return found
my
is,
private affairs in as
The
fact
that
when
saw
and
that,
owing
to the criminal
conduct of those to
whom my
life
for-
my
never-to-be-forgotten services, to
have been their dearest object, there was nothing safe within the
walls of
intrigue, I ful
house, nothing that was not the subject of some made up my mind that I must arm myself by the faithsupport of new marriage connections against the perfidy of
my
the old."
Certain
it is
hands of match-
in the hands
of the match-
makers, whose
first
we
makers.
know, because
in a letter to
As to the daughter of Pompeius Magnus, I wrote you back word that I was not thinking about her at the present moment. That other lady whom you mention I think you know the 28 ugliest thing I ever saw nihil vidi foedius.
While
A gay dinner
um "
an d
who
then held
Cytheris.
captives.
In a letter to a
25 Cf. O. E. Schmidt, Der Brief., p. 420. 26 Alt., vi, 4. Seneca tells us there
was
at least
at
Rome
27
Ad
Fam.,
iv, 14.
244
AND WORKS
no unusual thing
table,
he said:
I scribble
a copy of
the rest.
you
in
my
pocket book. 30
.... Now
listen to
lay Cytheris
To tell you the truth, I had no suspicion that she would be there. .... As for myself the fact is that that sort of thing never had
any attraction for me when
I
was
less
now
am
an old one.
I like a
dinner party.
what-
Then, not
to be quite churlish to
my
friends, I dine
with
them, not only without exceeding the law [Caesar's sumptuary law], but even within
it,
deal, so
you have no
my
arrival.
You
will
Atticus,
Marries his
rich
is
no fool
like
an old one,
with an
marrying Publilia
Publilia.
his rich
ward, almost a
girl,
largely no doubt as a
means
let it
Importunate
creditors.
And
here
on the Forum had ceased since the spring of 51 B.C., when he went as proconsul to Cilicia; and that his accumulations from that quarter had been sunk
disasters.
Cicero's
in
Pompey's
It is a
Cato.
until after
29 It was Caesar's constant habit. Plut., Caes., 63. 30 For his amanuensis to copy, no doubt. 3i
Ad
Fam.,
ix, 26,
245
triumph at Munda.
his task
magnitude of
But
I
when he wrote:
is
[Caesarians like
I
Hirtius, Balbus,
Nay, even
in
keep clear
he entertained
in politics,
and chose
friends.
would be
But
that great
man
can-
was
his
and
having quitted
Great as the
built a deathless
difficulties
were, he
who was
destined to
monument
to his
memory.
Sihler's strik-
If there
is
anywhere
I
political life,
There
lie
the
ln g tribute -
And
here,
in connection
59
at
B.C.,
a
-
place
among
He
originated
ournahst
Rome what we
should
now
few days to subscribers, into which was condensed the most important and interesting public and private information of the day, for the benefit of those rich enough
32
Ad Alt.,
xii, 4.
33 Sihler, p. 342.
246
to
CICERO, A
pay for
it.
34
of
Moniteur of the Empire, 35 in which the utterances of all important personages were naturally included. Writing
on that subject to a friend
I
in July,
46
B.C.,
Cicero said:
think
it is
my
But
if
want
to
would not
refuse to do,
could.
But
faculty.
man
of letters
"This verse
is
I consider to
difficulty
classi-
"
am
now
published.
Suet., Caes.,
is
56],
if
is
brought to him as
mine, which
all
not
so,
habitually rejects
his intimates are
it.
the
more because
in
every day. 36
as a quasi-sovereign,
Caesar's
sumptuary
laws.
Cicero's fling
at the ordi-
with mushrooms.
In ridiculing the
dumb show
of
senatorial
34 See
government he writes
;
Daremberg and Saglio, D.A., vol. i, p. 50; E. Caetani-Lovatelli, Romani" in the Nuova Antologia, November 1, 1901 Ferrero, Greatness and Decline of Rome, vol. i, p. 287. 35 Tacitus {Ann., xvi, 22) tells us that "The journals are read with more avidity than ever in the provinces and the armies, to know what Thrasea has last abstained from doing": "diurna populi Romani, per provincias,
"I giornali dei
per exercitus curatius leguntur, ut noscatur quid Thrasea non facerit." See Bossier, Tacitus and Other Roman Studies, p. 226.
36
Ad lam.,
ix,
Ad
Fam.,
viii, 1.
247
did not myself at that time desire to absent myself for any
helm and holding the rudder; whereas now I Do you suppose the number of senatorial decrees will be any the less if I am at Naples? While I am at Rome and actually haunting the Forum, senatorial How senatodecrees are written out in the house of your admirer, my intimate na decrees
was
sitting at the
'
whenever
and
it
occurs to him,
its
am
put
down
am
informed of
accordance with
all.
my
vote, before
I
would not have you think that I am joking about this, for I assure you I have had letters from kings at the other end of the earth, thanking me for having voted for giving them the royal title, as to whom I was not only ignorant of their having been called kings, but of their very existence even. What, then,
And, indeed,
am
I to
do?
is
After
here,
all, as
of morals,
goes
away I am
off to
your mushrooms. 5
upon
in the
to depart
from
and
to
speak
consul in 51 B.C.,
Marcus Claudius Marcellus, an ultra-aristocrat, who, as had been hostile to Caesar, of whom
he
now
from
asked
it
it
and
delight, granted
to his old
enemy
Oration Pro Marcello.
.
emotional orator,
I
salia,
37
in
Ad
Max
Patriciat, has
shown
outbreak of the civil war between Cicero and Caesar, not as politicians, but a9 men of the world. Tyrrell, Cicero in His Letters, Int., xxxi.
248
AND WORKS
Senate had
The whole
him
The
really
orator's letters
fix
hoped that the regent intended to restore the Republic. Writing to Servius Sulpicius, immediately after
the incident, he relates
how
se-
him
Senate."
Then he adds:
me what
I
You
to hold
thought of
life.
it.
saw
in
my
had determined
beyond
recall.
my
I
God
because
felt
my my
former status
88
in the
House
lost
away
The
sideration of
"Therestoration of the
what Caesar
what
still
is
still
This then
CO
|
is
remains, this
Republic."
drama,
this
the Republic.
victories,
of
your innumerable
you [he added], have regard, then, to those judges who will judge more many ages afterwards, and who will very likely judge you For their judgment will be unbiased by honestly than we can.
as
Ad
Fam.,
iv, 4.
249
will be untainted
,
and
at the
same time
it
to
make
time
it
appear
Froude's
justice.
speech, r
as
strained,
was
and hypocritical
attempt upon
upon the
pictur-
That
less
brilliant
and
man
if
of
letters,
a greater
effects,
historian
he had struggled
for dramatic
says:
in the
murder." The backbone of the fierce attack thus made upon Cicero's character and motives is broken the moment we remember that the speech was really delivered before
November
half, instead
An
the
documents,
an
article
it
entitled
that,
"Cicero's
from Case
Exposed by
an acute historical critic.
against Caesar,"
a half
how
was
of
....
the
sincere
admiration
Caesar's
character
expressed
feel-
little
scribble to
the shortest
letter
extant,
Congratulations!
Delighted!
My
Do
send me, with your love, a full account of what you are doing,
is
and what
going on. 41
if
Certainly
the orator
had been
in
the plot, or in
on,
40
41
Pro Marcello, 9. Quarterly Review, No. 368, October, 1896, pp. 395-422. Ad Fam., vi, 15.
250
AND WORKS
nor the brilliant
Mommsen,
Defenseof
ment when their manifest purpose was to exalt one demigod at the expense of another. While Caesar's consent to the restoration of Marcellus was still a very recent occurrence, the orator's services were secured in behalf of another exile, Quintus
Ligarius,
the
Pompeians
in
Africa,
and
to
whom
September as follows:
To
knowledge and
obdurate to you.
perception
this,
For circumstances, as well as the lapse of time and public opinion, and as it seems to me even his own
war
against
sat as
ordered
it
ge
-
official
on the
Forum.
"Why
is
no
And
upon the regent's finer feelings that as he advanced in his argument the latter was seen to change color until his emotion became visible to all. And when "at length the orator touching upon the battle of Pharsalia, he was
so affected that his body trembled, and some of the papers
42
Ad Fam.,
vi, 13.
251
43
In
plucking
to bl ; C ro
>
Ligarius
in
eloquence,
orator,
this
masterpiece of
art, said:
But
also
ask this:
Who
wished to be in
prevented by Ligarius
in
who thinks that it was a crime in Why, the very man who himself Africa, and who complains that he was from going there, and who certainly was
is it
For,
that
drawn sword
of yours doing in
the battle of
What
was
of
intention?
which you took up arms? What was your Where were your eyes? your hands? your eagerness
of ?
mind?
I
for?
What
I also
be moved.
return to myself.
arms
same camp. 4 *
A
rises
said:
how brilliantly the light of your liberality and wisdom upon me while speaking before you! As far as I can, I will lift up my voice so that the Roman people may hear me.
See
When
the
war
began,
its
O
end,
Caesar,
I,
when
it
greatly
advanced towards
force, of
my own
free
judgment and
And yet,
Rufus at
won
in this
pleading before
the autocrat,
this
plain
from
Career as
which
there
was now no
Cic, 39.
.
place either in
**
Forum
3.
or Senate-house,
have
48 Plut.,
Pro Q. Ligario,
jyid.,
3.
252
AND WORKS
For
is
my
eminent
left
and unrivaled
46
as
it
Early
Caesar's death grapple with sons
of
in
November
away to Spain for the death grapple with the sons of Pompey; and before the end of that month Cicero arrived
at his
Pompey.
at last
villa where his beloved Tullia, divorced from Dolabella, her third husband, while looking forward to her confinement, awaited him. It is prob-
Tusculan
which he said
when
The
those
who
who
if
lost
them
in these
would be
they had
lost
them
good or
great,
at least in
To
Death
of
the
all
tender,
emotional
nature
that
had
sounded
Tullia early
in 45 B.C.
human
pleasure
and pain, the new year, 45 B.C., was to bring a crowning sorrow in the death of the idolized Tullia, who gave birth
to a son of Dolabella at
Rome
in
January.
So soon as
Alban
hills,
As
Publilia,
it
divorce.
so
much
away
had seemed
a
moment he
At such at Rome;
Ad
Fam.,
iv, 3.
47 Ibid., v,
16.
48 Cf.
O. E. Schmidt,
p. 271.
253
Expressions
t0
On March
9 he wrote to Atticus
have no one with
friend*
In
whom
to converse, and,
wood
till
evening.
it
Next
to you, I
solitude.
In
is
my
with books.
Even
I can.
that
against as long as
But
am
not equal to
it.
as
you
advise. 49
letter
-
letter of condolence
way
to his
from Brutus, who charged him with grief with a weakness unworthy of a
fromBrutus
man whose
habit
it
was
to console others.
jurist Sulpicius,
letter written
by the great
in a
of Achaia, was
Why
human
is
it
that a private grief should agitate you so deeply? hitherto dealt with us.
Reflect that
less
we
Su lp iclus
rep v
]
dear to
possible distinction
Now
ill
is
think
it.
In reply he said:
case, after losing the honors you yourself mention, and had gained by the greatest possible exertions, there was only that one solace left which has now been torn away
I
In
my
which
For there
tion
is
no republic
a
now
to offer
I
me
a refuge
and a consolain
by
its
leave
my home
I
sorrow,
as-
there once
was
home
to receive
51
me when
returned saddened
affairs.
The new
49
we
Ad Att., xii,
15
Ad
Brut., 9.
B0
Ad Fam.,
iv, 5.
si ibid., iv, 6,
254
AND WORKS
Seville
modern
on
May
31.
to
from sorrow
luctu
Treatise
minuendo) ; 53
proposed to
to his grief he
some kind of
a shrine to Tullia's
memory.
every kind
am
memory by
of memorial borrowed from the genius of every kind of artist, Greek or Latin. This may perhaps serve to irritate my wound,
but
now bound
by a kind of
I
vow and
non-
promise.
And
the infinite
shall be
existent has
more
influence on
me
than
which yet
to
me
When
resume
his place as
patronus
You
urge
me
to reappear
is
a place
which
I to
my
Why, what
have
do with a Forum when there are no law courts, no Senate-house, and when men are always obtruding on my sight whom I cannot 55 see with any patience.
It
is
Profound
discontent
at
Rome.
moderate men as Sulpicius and Cicero at this time without being impressed with the profound discontent existing at Rome, even among those who, like Sulpicius, had been loaded by Caesar with offices and emoluments. Those
of his enemies who, after Pharsalia, had only asked for
and protection, were now demanding a good deal more. As a keen observer has expressed it:
tranquility
So long
32
as
themselves to
uncertain of their
life,
when once
>
life is
Ad
255
who
is
it
Caesar,
we know,
last
partly satisIt
long.
as
difficult to halt
on the road
to liberty as
on that
to absolutism.
One
men
desire another,
less of
they lack.
was thus
that Cicero,
and language
lost,
58
He
on every opportunity
that all
was
was
ashamed
to live.
The
fall
of the
Roman
Republic
may
well be dated
Fall of Roe
from the
final
bllC
^,
u^ be
17
arean system at
Munda on March
17, the
news of which
57
dated from
did not reach the capital until the evening of April 20.
March
4SB-c.
The head
12
B8
;
who
fled to Gibraltar,
was delivered
says:
to the regent
on April
escaped.
Cicero, writing to
Atticus on
May
5,
Cordova and
I S
fled into
kill
tell me that Sextus Pompeius had quitted Northern Spain, and that Cnaeus [who had
threatened to
him
after Pharsalia]
know
When
once to
the
war
in
at
Rome
for publication.
way an
excuse
was given
and
:
same time
to
ele-
p. 299.
At
least thirty-four
D10,
43, 42.
Ad
256
Cicero compliments Caesar on his
Anticato.
AND WORKS
reason of
I
my
which
wrote
forgot.
the motive
to
have been
Neither was
shame
of ap-
ridiculously
I
time-serving;
nor,
by
otherwise than
an equal and a
man
I
like myself.
For
do think well of
when we
same
met.
Accordingly
flattery,
and
at the
much
pleasure to
as possible. 60
As
over.
war been
Moreover,
Cato. 61
this
I fear his
thinking that
meant
this as a sop
my
About
intending to
marry
whom
Brutus
A note
from Cato
to Cicero.
The
latter's
had been receiving large preferments since Pharsalia, where his life was specially guarded by his orders. All that remains to us of Cato is a note, full of refinement and dexterity, written from Rome in June, 50 B.C., to 62 Cicero, who was at that time proconsul of Cilicia. Without Cicero's letters and works we should not know
Brutus, nor the history of their connection, which lasted
estimate of Brutus.
From
Cilicia,
"He
this
is
already the
I
first
among
young men; he
63
will
soon be,
hope, the
first
in the city."
At
that time
the
most
illustrious of the
Roman
51.
Ad Att., xiii,
02
63
257
Athens
wisdom, supported by
a virtuous
and regular
Thecharacte
f
The mind of this serious young man was deliberate and introspective; he reached conclusions by gradual processes in which he became so absorbed that when his
resolve
ofhls
was
at last
made up nothing
could
move him.
means."
64
when he
man who,
at thirty-seven,
went
Pompey and
affection,
who
treated
it
because he deemed
his
After doing
his
over by
won Won
whom
he followed
all in his
in his
conquests
vh^'y*
power to attach Brutus by granting him the pardon of some of the most deeply compromised of the Pompeians, and by assigning to him the government of one of the great provinces of
Caesar did
the Empire, Cisalpine Gaul.
Servilia,
Caesar's
object of one of Caesar's violent passions, and scandal mother. r said she was his mistress. She certainly retained her sway
loveforhls
all in
Caesar.
But
a counter-influence
who brought
first
new home
all
own hatred of
i.
the author
Ad Au., xlv,
258
of
AND WORKS
from
within,
her misfortunes.
Thus
influenced
in
arms
who
porary dictatorship.
vanished when
it
found a
But after Pharsalia, that illusion became plain that the victor intended to new and monarchical system. While it is imposit
menace generated opposition not only among the senatorial party discomforted by the overthrow of Pompey, but among Caesar's own generals who were jealous of his dazzling ascendency. Thus it was that while Cassius was meditating his murder on the banks of the Cydnus, Trebonius had been almost in the act of making way with him
at
Narbonne.
The
The
ideal
man was
Brutus, who,
sider his
Brutus the
ical
gloomy
Hamlet of
Roman
politics.
be called the
Hamlet of Roman
No
one did
Cicero his
tutor.
more
who
sur-
While only
them
259
since a
grammarian quotes
the
Cicero says:
"Who was
my
66
Brutus, I feel
sider
when
how
the
unhappy
we
This
is
the
my
sorrow, this
the cause of
my
cares
and those of
who
shares in
my
You
are
we
desire that
your virtue
and increase
two
you represent.
master
in the
Forum and
and you
Under
mind with ideals drawn from times. The most notable of the
drawn
times
On
Virtue, addressed to
that as a
man
must
all his
On
Our
even
if
we ought
To
is
not to endure a tyrant Patriotic have more authority than duty defined.
the laws
is
a right that I
to
my
father himself
No
slavery
me abandon
68 Orat., x. 67 Brut., 97.
Cons, ad Helv.,
i,
ix.
;
69 Epis. Brut.,
17
ibid.,
i,
16.
26o
AND WORKS
in
to Italy, after
five
months that
45
B.C.
Munda
show
in
He
an amnesty; and
his enemies,
in
order to
recommending for
those
to
whose position or
promotion.
them
He
him
at Nice.
made an
oration before
him
tia,
in
favor of old Deiotarus, king or tetrarch of Galaaccused of plotting upon a certain occalife.
is
was not able to prevail for Deiotarus, and in that way Cicero was called upon to reargue the matter before the 71 regent in the Pontifical Palace, probably in November.
This was the
last case the great
and in his discourse he did his best to appeal to all that was noblest and gentlest in the demigod in whose honor a temple to Clemency had been erected. His last words
were:
Cicero's last
I entreat you,
this
day
oration as an a vocate.
70
reading
71
There was a good deal about my Cato. He says it he had increased his command of language.
Ad
that
by repeatedly
Alt., xiii, 46.
E. O. Schmidt, p. 362.
261
and
to desire the
would be an
to
an action suitable
your clemency. 72
The
inti-
of Cicero at his
come
mother and
stepstill
E^^,
was
unknown even
In describ-
[which began on December 17], the villa was so choke full was scarcely a dining-room left for Caesar
in.
himself to dine
Two
thousand men,
to
if
you please!
;
was
in a
great taking as to
what was
Barba came to my aid and gave me guards After two, he went to the bath. Then he heard about Mamurra [his old chief of engineers who had died] without changing countenance. He The dinner.
was anointed took his place at the table. He was under a course of emetics, 73 and so ate and drank without scruple and as suited his taste. It was a very good dinner, and well served, and not
;
only so but
Well-cooked, well-seasoned food, with rare discourse: banquet, in a word, to cheer the heart. 74
....
We
didn't say a
word about
politics.
literary talk.
On December
denly,
72 73
Maximus
died sud-
process that held somewhat the place in medical treatment that bleeding did a century ago.
74
Verses of Lucilius.
75
Ad Att., xiii,
52.
262
AND WORKS
in the
re-
A mockery of afternoon
cons^tutbn.
through the
mamder
of the day.
Though
hearing
the
is
these things are painful even to hear of, yet after all
more bearable than seeing. At any rate you were not on Campus Martius when, the comitia for the quaestors being
Maximus
place,
whom
in the
was
set in its
:
and then on the death being announced was removed whereupon Caesar, who had taken the auspices as for a comitia tributa,
held a comitia centuriata, and between twelve and one o'clock
No one
breakfasted during the consulship of Caninius.
announced the election of a consul to hold office till January I. which was the next day. Thus I may inform you that no one
breakfasted during the consulship of Caninius.
chief
consul, for he
was
wink of
you had
You
If
Nothing could
illustrate
more
had abolished in his own form of popular election, the choice of consuls and praetors being made by him several
the extent to which the regent
interest everything but the
years
in
advance.
the hearts of those
fired
While
who
still
were being
the Senate
added
in
by inventing fresh
people being
titles
in
name, the
Roman
still
sensi-
about names.
77
Ad Fam., vii,
Bio, xliv, 8
App., B.
C,
ii,
106.
263
upon him
all
voted next that he should really be king, offering him tentatively the crown.
When
appeared to be a snare, Dio says they employed someone to place a diadem on the head of his statue which stood
upon the Rostra. On January 26, as he rode through the 78 streets, he had been saluted as king by the mob.
j an u ar yf6 44B.C.
more
serious
form
at
stage
the ancient carnival of the Lupercalia, on February 15, The the regent, robed in his consular purple, and wear!
wrought
in gold,
was approached by
ar carnival of
Antony,
who
placed a tiara
u P erca ia
on
"The people
my
hands."
It
may
loud voice
that the
on the Capitol.
words of denunciation for the master and his satelhad in them what Cicero calls "the bite of liberty which never tears better than when she has been muzzled for a season." 80 They knew that the time for action had
arrived,
who embodied
of conviction,
and upon Cassius, the man of a party, the man the envenomed hate of the vanquished aris-
Cassiusasa
nerve
arm of
the
man
who
78 When the tribunes put some of the offenders into prison Caesar passed law deposing them and expelling them from the Senate. Then it was that App., B. C, ii, 108 Suet, he said he had given a weapon to his enemies.
sqq.
aDe
Off.,
ii,
7.
264
AND WORKS
whole enterprise
Upon him
the
depended. 81
When
His insidious
t0
if
Brutus
Brutus"
"What
king?"
shall
we do
if
make him
to the Senate.
"What,"
praetors,
we
are
summoned
in
our capacity as
what must we do then?" "I will defend the Republic," said the other, "to the last." "Will you not then," replied Cassius, embracing him, "take some of the senators, as parties to your
designs?
Do
you think
it
is
Rome who
They
that you
82
Thus won
over, Brutus
became
comes
at last
the head.
had been designed by Cassius, the imperious and testy aristocrat, the daring and skilful military chief who, after rescuing the remains of the army
leader, of a conspiracy that
By
the
whom were
It
immediate future.
all
said
who were
parties to the
82 App., B.
C,
ii,
113-
265
whom
Caesar had pardoned, and who, of all most that he had been able to pardon
ides of
them.
few days for Parthia the ides of The March (the 15th of the month) were at hand, on which day there was to be an important meeting of the Senate; and it was rumored that after the pontifices had brought
to set out in a
;
He was
forward an old
be demanded
sibylline oracle
was
to
for Caesar. 83
On
The same
at the
the house of Lepidus, the conversation turned on what CMtko. kind of death was most desirable. The predestined victim,
who was
looked up and
present
It is impossible to
in the
actually
at the
Cicero not
"e a
]
t
Pompey,
moment of
Caesar's assassination.
that he
in-
He
was not
conspirators,
who
says
....
adding
lest to his
own
disposition,
now
to the wariness
to
266
AND WORKS
the
Republic,
liberty.
all
that
That had
had been
from
which he says
you!
I congratulate
For myself
and what
am
rejoiced!
I love you.
by you and to be
84
how you
being done
where he says
For what is the difference between a man who has advised an and one who has approved of it? or what does it signify whether I wished it to be done, or rejoice that it has been done? Is there anyone then, except you yourself and those men who wished him to become a king, who was unwilling that that deed should be done, or who disapprove of it after it was done? All men, therefore, are guilty as far as this goes. In truth all good men, as far as it depended on them, bore a part in the slaying of Caesar. Some did not know how to contrive it, some had not everyone had the courage for it, some had no opportunity
action,
inclination.
85
Of
was
Made
self
course
it
himan acces-
He
acces-
...
fact.
in
the annals of
all in his
power
to
make himself an
....
though everything goes wrong, the ides of March console gloriously and nobly what depended
on themselves to do. What remains requires money and resources, of both of which we are destitute.
s*
Ad
Yam.,
vi, 15.
85 II
Phil,
12.
E o la
267
in a letter to Cassius,
he exclaims,
the feast of the ides of
86
March
that
to say,
The
was the lack of foresight, the lack of prearranged plan S^wJand* upon the part of the conspirators. He said "They had foresight,
acted with manly courage, but childish judgment:
virili,
ammo
they
consilio pueriliT 87
had acted was that the Roman people were being held in bondage by a tyrant whose death would set them free. But when the deed was done, and the conspirators rushed
out of the Senate-house brandishing their swords and
ing upon the people to assert themselves, they simply
calllist-
Under such conditions the tyrannicides, after the mob, unmoved by the cry of liberty, *' had refused to hail them ' '
as deliverers of their country, after speeches
Tyrannicides
u h sh 1_ ! ^ A term the Arx.
by Brutus
a cold
in a contio
response, after it was plain kindle, deemed it prudent to shelter themselves in the Arx of Rome, while Lepidus came with troops and occupied the Forum. At that moment when it was plain "that the people would not respond," it was Cicero's idea that the
Lepidus occupied
fears.
On
Do you not remember that on that very first day of the retreat upon the Capitol I claimed that the Senate should be summoned
into the Capitoline temple ?
se
Good
heavens,
Ad
Ad
me ad caenam
Att., xv, 4.
268
CICERO, A
effected then,
ant,
when
even
semi-loyalists
were
exult-
and brigands utterly dismayed. 88 neither Cicero nor Brutus could understand
What
that the
was
Roman
citizenship,
The
old
citizenship
ceased to exist
not asleep,
it
from which the ancient redrawn the breath of life, had was not asleep, it was dead. It had
process through which
into a military
but dead.
disappeared
in the disintegrating
empire.
Appian's
statement.
As
For a very long time the Roman people was only a mixture of the nations. The freedmen were confounded with the citizens, the slave had no longer anything to distinguish him from his master. In a word, the distributions of corn that were made at Rome 83 gathered the beggars, the idle, and the vagabonds from all Italy.
all
Froude's
insight.
is
often unclouded
by prejudice or passion: "In the army only remained the imperial consciousness of the honor and duty of
Roman
citizens.
90
To
was
transferred."
veterans,
many
whom
of land
in
Rome,
been removed.
And some
nized the fact that the collapse of the old constitution had
Caesar's
substitute
Cicero's clearin
a necessity.
went so far as
to say that
if
failed to provide
anything better,
s8
who
could hope to
Ad Att,
De
xiv, 10.
ii,
89 90
Bell. Civ.,
120.
p. 430.
Froude, Caesar,
269
In a letter written to
7,
this
is
have come on a visit to the man, of whom I was talking to you morning [Caius Ma+ius]. His view is that "the state of things perfectly shocking: that there is no way out of the embroglio.
if
For
man
who
complete. 91
was complete, and the only two questions that remained were these first, to what extent and in what form should the
ruin of the old republican constitution
:
The
survive; second,
who
first
should be
to perceive
Cicero was
among
the
On
April 11 and 18 he
wrote to Atticus:
You
/-1
"The tyranny
survives
the imperium, you see his armies, his veterans on our flank
Good God
81
\~y
iii
92
dead."
Ad Att., xiv,
92 Ibid., xiv,
5, 9.
CHAPTER X
THE DUEL TO THE DEATH WITH ANTONY
Certainly Caesar expected
survive
his military
monarchy
to
him and
to
become hereditary
first
in his family.
The
when
childless regent
Caesar's adoption of Octavius.
took the
when on September 13, 45 B.C., he drew up his and placed it in the hands of the chief Vestal Virgin, making Octavius his universal heir. 1
second,
will
The most formidable foe to that plan was Marcus Antonius, generally known as Mark Antony, who quickly
resolved to seize the purple of his fallen benefactor and
to
make himself
his heir.
tulus
Career of Antony.
to death
Catiline conspirators,
in
began
new
career in Gaul
in
when
54
order to
him
which he displayed
in
boldness
and
dexterity
upholding
his
Pompeian
party.
his
command
during
at Pharsalia,
and
deputy-governor
of
Italy
Caesar's
long
1 Suet, Caes., 83. Three-fourths of the estate was thus bequeathed to Octavius, an eighth to L. Pinarius, an eighth to Q. Pedius. The Vestals Tac, Ann., i, 8; Plut., were frequently made the custodians of wills.
Ant., 58.
270
Vatican.
'
271
as-
sumed
Antony
when he
'
died.
Armed
Head
sar
,
of the
stat ea
s
death.
""
ered from the terror inspired by the fear that he was to be the next victim, removed the public funds, amounting
enormous sum of seven hundred million sesterces ($30,800,000), according to Cicero, 2 from the Regia and the temple of Ops to his own house in the Cannae. Then, after gaining possession of Caesar's papers which
to the
handed over
to him, called
in the
by edict a session of
met
temple of Tellus on
over Lepidus,
tion
who
in the night
pontifex maximns
made vacant by
to the Senate
it
marriage of
his
The approaches
by soldiers when
which Cicero,
met
in
the
memorable
session
in
Cicero pro-
"who
posed general amnesty, a including r * of course the slavers ' of the regent, conceding at the same time Antony's demand that all the appointments made and directions given
P os e da g en eral amnesty.
Piso,
Caesar's father-instill
Caesar's will
in
andfuneral
and that he should be given a public funeral. To both resolutions the Senate agreed. As Antony was then in
possession of Caesar's papers, the land assignments for
his veterans
out.
Phil, 37.
272
CICERO, A
It
is
more than
traditional ver-
in the senatorial
peace
parley of
March
when
a hollow truce
was proclaimed
After assuring
them that there was no mandate of military power to control their deliberations, no restraint upon the freedom of
action or debate, the orator appealed to all factions to put
aside feuds
as they
of such divisions.
ical history, in
Roman
polit-
he
made emphatic
in
Thirty Tyrants,
Necessity for the reestab-
403 B.C., 4 through which Athens won back prestige and power abroad and reestablished peace and order at home. They should decide at once, he said,
visible.
The
Capitol
is
Forum by
lived
less
soldiers,
Is violence to
men
revenge.
Let us draw a
over
all that
has been done, not looking too curiously into the acts of any man.
Much may
much
scene
show
against those
who have
But
we
are wise
we
we have
now
at
an end.
None
But what
is
done cannot be
undone. 6
s xliv,
pp. 23 sqq.
4
5
Xenophon, Hell., ii, 4, 43. Froude's abridgment of Dio, who gives no more than the traditional
version.
273
Futile at8"
conspirators,
who were
down
to be
their stronghold
SSJSJJ
them
As an
evidence that a
that night
to
had been effected, a dinner was given Cassius by Antony, and to Brutus by
Caesar's
1"
Lepidus.
It
for oratory was inherited from a famous father, con- ductedby" ducted the public funeral of the regent, whose body was Antony,
brought from
his palace,
where
it
had been
down
to the
Forum and
still
wrapped about it. As a part of the stage setting a wax Wax effigy effigy of the murdered Caesar was raised and turned in tjJe^unds
all directions
by a mechanical device
in such a
way
that
twenty-three
wounds
country.
7
inflicted
so
much
for his
was read
which
it
Reading
of the
only that his gardens on the Tiber should be held as a perpetual pleasure ground for
citizen
all
Next it transpired that after Octavius, 8 as a second heir, he had actually named Decimus Brutus, one of those who had betrayed him. Then it was that Antony The came forward to speak of Caesar's ancestry, his personal P ane sy nc
drachmas.
traits, his
8
According to the Roman archaeologist Boni, the remains of it have been recently discovered. See Vaglieri, Gli scavi recenti nel Foro Romano,
Rome,
T
App., ii, 147. 8 In a codicil Caesar had adopted Octavius as his son. Veil., ii, 59; Liv., Per., 116; Dio, xliv, 35.
Suet., Caes.,
83;
274
AND WORKS
state,
of his
campaigns
in
Spain,
Asia,
Egypt, and
had labored for peace with Pompey, AnPompey preferred to go into Greece in order to array the powers of the East against his country, perishing in an attempt so unworthy. And yet Caesar took no revenge. He praised and rewarded those who had been faithful to Pompey, and treated his murderers
Armenia.
tony said, but
as they deserved.
He
To
an
inbred goodness"
carried
by
success.
;
To you
to the enemies of
And
this
dead
not by
at
foes,
war
or visita-
tion of
own
of
maker naked
judgment. 8 *
Declaration
of war against the
regicides.
righteous judge
the
seat
Such a storm
unhappy Helvius Cinna, one of the tribunes whose name was mistaken for that of the praetor Cinna, who had spoken in a scornful way of the memory of Caesar, was seized by the mob and torn to pieces on the spot. The houses of the principal conspirators were then given to the flames. 9 It was no longer a matter of doubt which side the populace would
amounted
to
a popular ovation,
the
App., B. C,
ii,
147.
275
10
In such an atmosphere
of
flight.
away
to
^way.
sought shelter
in the
shadows of
With
their
subsequent histories
we
What
by
Mark
Antony.
After the
latter,
consummate art and eloquence, had driven from Rome those who had planned and executed the assassination of
Caesar, but one real gladiator remained in the arena, a
gladiator
lie
Cicero the
who
a^^^
Republic,
in its
down with
it
into the
freein
Roman
dom.
the
Third
omen!)
if
the last
foremost
men
of all
Let
ignominy. 11
months and more that intervened between the death of Caesar and the meeting in September of the Senate in which the great orator pronounced the First Philippic, Antony, senior consul and official head of During the
five
the state
his
his
own
financial,
and
military,
10
numerum
relatus est
276
CICERO, A
Regia and
all
By
12
appoint-
titles in
usual
way on
was able
to
do more
in the
name
dead
of the
alive:
Caesar.
"Though
the king
is
slain,
we pay
respect to every
nod of
his majesty."
Antony's apAntony, peal to Cicero after in behalf of
Sextius
who
15,
left
Rome
in April,
May
asked of Cicero
in the interval to
whom
he was
now
Clodius.
the stepfather,
from an
exile that
Caesar's papers.
my
my
me with
made
to that part of
Antony's
my
think you
would prefer
13.
App.,
iii,
Ad
i.
* Ibid., xiv,
277
it
should
will-
never for a
moment
be forgotten that
if
he had been
He
could
have secured
a "peaceful
been beyond
Not
until after
Antony had
and honored
old age."
thrown
off
the
a time, he dis-
the Republic
was
On
ical
June 7 he went by sea to Antium for a notable politconference with Brutus (the first meeting since the
Meeting with
Brutus at Antium.
who was
and
his
who
Cicero tails
for Greece.
scorned to go to Sicily
resolving to cross
over to Achaea.
am
my
and so
full of
charm
so beauti-
am
to
The
my
son good, or
make
Ad Att., xiv,
13.
278 up
AND WORKS
In the
good he
is
capable of receiving.
as
hope and
But the winds and the waves were against him; never
more was he
Plant
While he was
gium, 17
all
his plans
1,
he were
people was then handed to Cicero, of a temper so pleasing that he resolved to return to
on the last day of August. Plutarch tells us that as he approached the city multitudes flocked out to meet him, and that the whole day was spent in receiving the compliments and congratulations of his friends as he passed
His position at this juncture was at once unique and imposing. Nearly all of the great actors contemporary with him had passed from the stage, many of them to bloody graves. His commanding intellect and reputation qualified him in a peculiar way for the unofficial
leadership the
thrust
to
Roman
The
Ciceronians.
upon him. As the life and soul of the opposition Antony he was to become the spokesman of those who called themselves, as Appian tells us, the Ciceronians
those
16
who
still
3.
Ad Alt., xvi,
Afterwards, in describing these experiences, he said: "Enraged at the position of affairs, and despairing of freedom, I was on the point of hurrying off to Greece, when the Etesian winds, like loyal citizens, refused to further me in my desertion of the Republic, and a south wind, blowing in my teeth, carried me back by his strong blast to your fellow-tribesmen of Rhegium." Ad Fam., xii, 25.
17
279
The
the veterans
who
attended Caesar's
city,
from the
the
may have
Italy
Public opinion
in
its
among
Romans of
never wavered
until put
down by armed
About
the middle of
In fact I can-
Feeling in
the country
how
how
how
me
had ordered
a pillar to be
had been erected in the Forum to the memory of Caesar on the spot where his body was burnt, and had executed
the ringleaders of a riot that ensued, Cicero on
May
wrote
My
this,
admirable Dolabella!
For now
I call
It
him mine.
is
Before
"My
believe me, I
achievement
execution
had
my
secret doubts.
indeed a notable
cross,
admirable
Dolabella.
removal of
spot.
20
whole
Some months
Though
are
later
is
he wrote
courageous,
it is
the Senate
most
so.
Rome by
the
Antony
[h^nTaslc
had thrown
18
off
the
a conservative republican, belonging to the middle class; a lawyer by temperament as well as by profession, and as passionate a
constitutionalist as Burke."
19
"Cicero
was
p. 344.
AdAtt.,xiv,
6.
In the absence of Antony (II Phil., 42) Dolabella 15. had pulled down the memorial column (I Phil., 2), crucified those of the rioters who were slaves, and hurled from the Tarpeian rock some who were free. 21 Ad Fam., xii, 4..
20 Ibid., xiv,
28o
AND WORKS
full
had announced
his
purpose to propose in
in
would make him odious to the veterans, the orator simply absented himself upon the ground that he had not recovered from the exhaustion incident to his rapid journey. Whereupon Antony became so enraged
as to declare in the Senate, after intimating that Cicero
Threatens
Cicero.
was planning an attempt upon his life and was slandering and insulting him, that if he did not appear he would use all his consular powers to bring him by force, and that if he resisted he would even send soldiers and smiths to
break down the doors of
his house. 22 bitter insult, the orator did
2,
first
(Orationes Antonianae), a
afterwards changed by
and half
seri-
memory
Juvenal,
who wrote
time, called
When
the First
Philippic
is
may
be said to be a grave,
and
Ferrero says, "The smiths were intended to break down 5. vol. the doors, and not to destroy the house, as some historians explain." Hi, p. 98, note t23 In the spring of 43 B.C., Brutus, referring to Philippics V and x, wrote to Cicero: "You are, of course, waiting for my praise of them at this time of day! I cannot decide whether it is your courage or your genius that is
the most admirably displayed in these pamphlets. I quite agree in their having even the title of Philippics, by which you jestingly describe them in
one of your
letters."
Epist. ad Brut.,
ii,
5.
281
enemy.
The
to the
retired for
two weeks
Tibur, the
modern
Antonyi
rep y
'
main
began
his
charges
and ended with the accusation that he had actually organized the conspiracy for the assassination of Caesar. 24
Not wishing
to give
way
to his
away on that day. He afterwards declared that if he had not taken that precaution, he would have been murdered by the soldiers on guard even within
dently remained
the walls of the Senate-house.
There can be no doubt that this sudden change of front upon the part of Antony was prompted by the necessity of fixing more firmly his leadership of the Caesarians, who were inclined to drift to the real heir, Octavianus,
the grandson of Caesar's sister Julia,
who
at the time
After
to
Arrival of
Naples
in
power
win
Meets Cicero
at
him to
his cause.
On
month
Cumae
Cicero wrote
24 II Phil., 12
me
Tarn., xii, 2. ; Cicero says in that letter, "He accuses of being the instigator of Caesar's assassination, with no other motive
Ad
282
AND WORKS
me
own
I did
people addressed
him
is
not do so either. 25
impossible for
him
to
be a good citizen. 26
He
who
He
state of things
unendurable.
But what do you think of it, when Rome, where our liberators cannot be in
safety?
27
When
Antony,
Allies himself
who had
in-
veterans.
him with contempt, he proceeded at once But what was more ominous, Octavian, who had just completed his nineteenth year, prompted his agents to incite the legions at Brundusium to abandon Antony, while he himself appealed to
clined to treat
to ally himself with the republicans.
come
view,
to his standard.
asset
which
of
the regent
had
left
political point
was represented by
life.
of his
was
the
men
when
in
few
p to rout hosts of halfr ro f ess ona l soldiers could put r trained men. In organizing bodies of mercenary troops,
it
profitable to
esse."
Ad Alt.,
xiv, 12.
283
it
about.
It
is
not
when
upon
which every
political
movement
veteran troops.
What,
For even
in the
name
mischievous,
is
the object of
Cicero detnelr
always opposing the name of the veterans to every good cause ? n u nces
if I
were attached
am,
still if
While we
28
And
yet,
sad as
it
five civil
years, a sixth
since the year 49 B.C., a period of only five was about to begin whose outcome depended almost entirely upon what the veteran legions might approve or disapprove. No matter what Cicero, Antony, or Octavian might say, the event depended upon what the heaviest battalions resolved to do. Thus the center of gravity of the state had shifted. Under the old constitution those who aspired to supreme political power
at
in
wars
Center of
fheltatewith
the legions,
Rome
the
asked
it
at the
hands of the
citizens
assembled
the
new Caesacamps
rian
in the
The
the magistrates
might bear their old names, and administer their old functions.
in the loyalty,
X Phil.,
9.
284
AND WORKS
whom
the
power
With
Antony,
to
Macedonian
and Martian,
them
First strug-
at
Brundusium
October,
where the
In the hope
in-
first
military
power
really began.
power.
of arousing the
Caesarians to
enthusiasm Antony
words parenti optime merito, 30 and on Octoberj^or 5 there was a rumor that he had discovered assassins in his house who admitted that Octavian had sent them to murder him. About the middle of the month
Rostra
the
Cicero wrote:
In short,
ing he
I
There
feels
is
noth-
may
make
the fact
public.
October 9 he set out to meet the four Macedonian legions, planning to win them over to his side by money-bounties, 31 to lead them to the city, and station them as fetters on our necks.
On
When Antony
win over the Second and Thirty-fifth; and after he had 32 and the inflicted a terrible punishment upon the Martian
disaffection,
this
month
ob-
30
32
App., B.
C,
iii,
43
III Phil., 4.
285
vinciarum)
directing
by A law forth*
exc angeo provinces.
Antony himself could take his command in Cisalhim by Caesar and confirmed by the Senate after his death. Once in possession of that allimportant post, and backed by a strong military force, the consul believed that he would have at his mercy not only
so that
now known
as
modern Lombardy. When Decimus Brutus refused to of Cisalpine Gaul upon the ground was unconstitutional if not illegal,
all
give up as governor
that Antony's action
the consul collected
still
November 20
to surprise
and crush
his adversary,
open
DecimusBru* us
Anton
at
Mutina.
There
was made
to the
for the
Roman
power
new
When Antony
abandoned the
would be not only a defense of himself but a flamewreathed portrait of his adversary. The Second Philipwhich was intended only as a political pamphlet for publication, seems to have been prepared at his villa
pic,
83 Livy, Per. j cxvii.
Second Phlh PP lc
286
AND WORKS
when
am
it
was
sending you
I
my
speech.
As
to
whether
it
is
to be locked
up or published,
the day
But when
shall
34
we
see
when you
ought to be published?
The
How
Republic
your criticism!
is
And
yet
why
should I?
What
restored
35
This most
brilliant
and ferocious of
all
invectives,
Demoswhere
i
remained
until early in
December.
On November
He
is
He
has
war with Antony under his leadership. So I perceive that many days are over we shall be in arms. But whom are we
low?
ish if
before
to fol-
Consider
his
name,
his age.
36
Capua
of all places
It
is
he supposes
it
He
wanted
my
Rome
now
sailing
by the
j
AdAtt.,xv,
13.
of his achievements:
which I restored to liberty the Republic, which had been enslaved by the tyranny of a faction."
means
37
63 B.C.] I of
Monumentum Ancyranum, 1, Octavian thus begins the record "When nineteen years old [he was born in September,. collected an army on my own account and at my own expense, byf
<
Ad Att., xvi,
8.
287
He
to
if
is
advised
to
go
he can Rome.
O
38
What
When
Octavian continued
to his side
the orator
I
made
am
in the
dark
as to his dispo-
sition.
I
am
am
afraid of
Antony
same time
my
I
being there.
He
Has
forces
He
making no
secret of his
;
intentions.
He
is
organizing his
men
in
companies at Capua he
is
the
republicans,
to
the
former,
40
and
to the latter
five
legions.
ex-
to say: "I
a one."
moved northward towards Rome, where at the end of November the drift was decidedly in favor of Octavian and against Antony, who seemed to have lost
his
88
Driftinfavor
of Octavian.
On
De-
Ad
Att., xvi, 8.
39 Ibid., xvi, 9.
40 Ibid., xvi, 2, 6.
288
AND WORKS
them the regicide
new
Casca, took up
moment when
a great sensation
was created
as governor
in the capital
arrived; a
life
and death
was
at
and he was
full
who
de-
the imperium of a propraetor; and certainly was perilous to give official authority to a young man of nineteen bearing Caesar's name and with Caesar's veterans under his command. Under such conditions wouk
it
manded
time?
decisive
hour of
hour of
Cicero's
(December 20) he took the decisive step; at the age of sixty-two, more capable of wielding the pen than the sword, the leader of that political world in which equivocation had reigned supreme for eight months, he plunged into the vast and unknown dangers which barred the progress of his generation, with an audacity which car only be regarded as heroic when his natural timidity and the terrible uncertainty of the situation are
remembered. 42
Second
Philippic
published.
become an
iii,
unrivalec
42 Ferrero, vol.
p. 124.
289
the
modern world
all
of the
Roman and
in
of
all
tremendous outburst
which
with
the resources of
an impeachhis
attempt
back kings to
Rome
man to live who when everyone confesses that that man was deservedly put to death who rejected it? ... And are you then diligent in doing honor to Caesar's memory?
can be more scandalous than for that
placed a diadem on a man's head,
.
What
Do
now
that he
is
dead?
What
greater honor
had he obtained than that of having a holy cushion, an image, a temple, and a priest? As then Jupiter, and Mars, and Quirinus
have
priests, so
Marcus Antonius
is
God
Julius.
Why
Why
....
And what a life is it, day and night to be fearing danger from one's own people! Unless, indeed, you have men who are bound to you by greater kindnesses than some of those men by whom he was
slain
were bound
to
memory,
literature,
He
war which, though calamitous for the Republic, were nevermighty deeds. Having for many years aimed at being a king, he had, with great labor and much personal danger, accomHe had conciliated the ignorant mulplished what he intended.
theless
titude by presents, by
monuments, by
largesses of
food and by
own
Why
need
say
city,
much on
such a subject?
fear,
He
had already
into a
as to
brought a free
partly by
I
partly by patience,
habit of slavery.
With him
;
can, indeed,
compare you
you are
in
but
no degree
compared
to
him
Consider,
tonius,
Be
290
AND WORKS
what
I
As
that
will
not abandon
now
am
if
old.
No,
restored by
Third
1
Of
pic,
ippic "
delivered in the
had answered
was a calm, wise speech, demanding neither peace nor war as necessary alternatives. It was an appeal to the Senate to commend
to save the Republic a second time.
It
edict,
two
At
20,
should be per-
After delivering
his
in the Senate,
Cicero pro-
known
as the Fourth
ippic#
words,
1
!
him one." Thus the new head of the senatorial government put beyond all question the fact that Antony was no longer)
it
considers
a
Ambassadors
7
'
Roman
January,
43
b.c.
January
After the new consuls, Hirtius and Pansa, had 01M of the year 43 B.C., delivered their speeches^ 1
desire war,
"II
Phil.,
291
command
he had held
situa-
contained
in the
and pointing
Fifth l Ippic"
it
all
suffi-
him
He
there-
Lepidus
in recognition
The
was resumed.
Octavian was to be
among
KJJJw!?
loyalty,
such a citizen as he
things to wish
is
this day,
and
as
we ought above
all
was now peace or war, and the few declared friends of Antony in the Senate even went so far as to send the ex-consul's aged mother and Fulvia from house to
issue
The
who were
hesi-
C,
iii,
51
292
AND WORKS
to his views.
Acompromise reached.
Finally,
on the 4th, after a speech from Piso, a compro. . . it was agreed that bulpicius,
111
i_
command Antony
to return
from
Cisal-
pine Gaul to Italy, it being stipulated that a tumultus would be proclaimed if he disobeyed. In the meantime one of the consuls would take the supreme command and
Arretium.
On
the
discourse
all
known
as the Sixth
Philippic,
'
gave an account of
Ippic
now
at a crisis.
We
you con-
tinue to act with such piety and unanimity, or you must do any-
thing
slavery
rather
;
than
is
become
slaves.
liberty
Roman
people.
At
this critical
moment of
waiting, which
may
not
be con-
civil
war soon
to begin in the
if
in law,
The
fine himself to
naming
the subject
to dis-
cuss; it was open to the private senators to make any motion on the subject in hand, and this motion, if approved by a majority
Cicero prime minister of
Thus
was,
office,
He
vi
Strachan-Davidson, Cicero,
p. 406.
293
many
of the missing officers of state, to read many letters, to make many speeches, and above all to breathe into the weak and wavering a fiery enthusiasm and force such as
the
audacious figure of the old orator stood out amidst the universal
vacillation like a
huge
erratic boulder in
He was
advise
intervene
in public business
which
parti-
were striving
to
for an accommodation,
voked by Pansa for the dispatch of matters of routine, Cicero abruptly warned them that there was more important business to be disposed of.
then delivered
in the
whom
On
no condition will
we
is
canthere
and the
men who
of the
are besieging
Mutina and
48
army
Roman
people?
in
February,
Antony would neither yield to the demands of the Senate nor permit them to transmit its discussions to Decimus Brutus. His principal counter demands (which they had no right to bring) were that
47 Ferrero, vol.
iii,
pp. 129-30.
48
VII
Phil., 8.
294
AND WORKS
six legions; that
to be annulled;
money taken
from the temple of Ops. After Cicero had stated his opinion that as Antony had refused to obey the Senate
he should be declared
hostis, Calenus,
backed by Pansa,
carried
the Sen-
who was
ate
Eighth
Philippic.
On
when
met
to put
its
day before.
As
who
What
a responsibility
it is
a chief of the
Roman commonwealth
those
who
bear
it
should
shrink from offending not only the minds but the eyes of their
fellow-citizens.
When
their houses,
too
much
of their danger. 49
In conclusion he said:
I give
my
men who
are with
Marcus An-
tonius,
those
who abandon
his
March
So
effective
was
this
pose was to discredit Antony's champion, Calenus, that the proposal was passed. Probably on the same day was
Ninth
Philippic, fu-
neral honors
to Sulpicius.
kind of funeral honors to be paid to the great jurist, Servius Sulpicius, one of the ambassadors, who being in
VIII
Phil., 10.
^Ibid.,ti.
295
camp
the
of
Antony.
Supporting
Pansa's
contention
it
that
the
dors
as
was customary
honor of ambassaservice
of their
embassy.
earlier years,
who enjoyed
lawyer of
only the
first
his time,
but the
first
51
of
all
who
Rome,
he said:
have taken
O conscript fathers, life to him from whom you For the life of the dead consists in the tender it. recollection of them by the living. Take ye care that he, whom you, without intending it, sent to his death, shall from you receive
immortality. 52
The
scene
now
shifts
who
had arrived at Athens where, like any private individual, he began to attend lectures on Greek philosophy, along with a group of young Roman students, 53 among whom were Cicero's son Marcus, Domitius Ahenobarbus, and a young man by the name of Flaccus, whose father was an intelligent and wealthy freedman. When these young men, who exin the
preceding autumn of 44
B.C.,
was Aulus Ofilius, supposed to have been consulted by Julius Caesar as to his great but unrealized plan for a codification of Roman law. On that subject, see Sanio, Rechtshistorische Abhandl. u. Studien (Konigsberg, 1845), pp. 68-126.
to his works, see
51
As
Pompon.,
1.
who
is
B2
IX
Phil.,
5.
"I
Cicero, speaking of the departure of Brutus, said: Italy in order not to cause a civil war there. O,
sorrowful spectacle, I do not say for man only, but for the waves and the shores! The savior of his country was forced to flee; its destroyers
remained all-powerful."
Phil., 4.
296
AND WORKS
was sending Rome from
charge
(about 320,000) to
official in
might be used
in
small
army
and wins
successes.
Thus in possession of the sinews of war a small army was rapidly collected under the command of Brutus, who
in
December, 44
B.C.,
who was
with-
Encouraged
by such
success, Brutus
who was
gov-
series
letters
to
Rome
When
approve his
action.
like a bolt
Horace was
in the
army
two years
poems
in a
way
that
way had the opportunity to visit Thessaly, Macemany famous cities in Asia Minor mentioned in implies personal acquaintance. He remained with
Brutus to the end, participating in the victory and subsequent rout at Philippi. Returning to Rome, he found his father dead and his estate swept away in the confiscation of the territory of Venusia. He had, however, saved money enough from his two campaigns to enable him to purchase a clerkship in the quaestor's office. Thus poor in purse and still poorer in favor, he began life again at the age of twenty-three. See article by Clement Laurence Smith in The Lyric Poems of Horace, vol. i, pp. 34-3555 Gauter, Neue Jahrb. fur. Phil, u. Pad., 1895, pp. 62off. 56 X Phil., 6; Liv., Per., 118; Dio, xlvii, 21; Plut, Brut., 26; Ferrero,
vol.
iii,
Brutus.
297
power
would
as
Tenth
'
that direction
Then
it
lppic *
inde-
by L. Piso
commanded
I
ernment at
Rome
Brutus
is
ours,
man born
his father's
own most
name and
some
special destiny
57
of
family, both
on
and on
He
Macedon and
Illyricum, con-
and
public funds
and
supplies,
Here
reference must be
made
made
Brutus' revo-
In the
first
days of March, 43
left
Rome
Terrible fate
at the
hands
to
have allotted to
of Dolabella.
body of
cav-
at
Smyrna, and
X Phil,
6.
298
AND WORKS
to the extremes
him him
to disclose the
act,
made
time to
upon Dolabella, asserting his willingness enemy and proposing at the same entrust to the two consuls, after they had relieved
him
a public
As
Eleventh
1
proconsulship of Syria; and upon that subject he pronounced the Eleventh Philippic in which the crime of
'
ipp,c
is
painted with
all
human
passions could
impart to
it.
You
other.
see
now
is
taught to Dolabella.
the power,
Do
if
proved
in
Asia?
To
me, indeed,
man
description of punishment,
60
in
March
oi
ye
a
mem b ers
Dio,
xlvii,
all parties, r
XI
Phil, 2; App., B.
C,
5 Ibid., 9.
60 Ibid.,
61 Ibid.,
3.
1.
Cicero's colleagues
were
to
L. Piso,
and L. Caesar.
299
such
His insulting
rep y
"
and
Octavian.
Antony's
counterblast
last
to
named of
would
whom
as
members of
the
party
After
if
was received at Rome on March 18 to 19, the embassy had in fact been annulled; and Cicero and his supporters realized that they had been duped 62 when it became evident that the real object of Antony's friends in proposing it was to gain time for Ventidius to join him at the head of three veteran legions.
Before Antony's
letter
Twelfth
l
ippic '
We have been
script fathers!
see that,
deceived
is
we
O con-
It
And
did indeed
my
eyesight. 63
The
crisis.
now
was approaching a Early in January Hirtius had joined Octavian, and some weeks later the two had advanced as far as Bononia Forum Gallorum lying midway between that point and Mutina. Shortly after March 19, the other
proacWii?"
a
crisis.
consul,
Pansa,
62
moved northward
at the
head of four
63 Ibid., 2.
XII
Phil., 7.
300
AND WORKS
made
fourteen
now on
few months, an
Cicero did
effort that
all
at
Rome. 64 At such
moment
power
governor of Northern
Spain and Southern Gaul, and of Plancus, governor of Northern Gaul, whose armies might have a decisive influence in deciding the conflict. When their attitude and
that of their generals
was
still
in
doubt, he wrote to
Lepidus
I
am
If
and to your
you that
all
own
true
reputation.
But
if
your peace
their
me
tell
To
Plancus he wrote:
peace while your colleague
is
You recommend
gang of
rebels.
besieged by a
If they
want peace, they should lay down their they demand it by force of arms, then we
peace
through
victory,
not
through
On March
Thirteenth
Philippic.
to the Senate
made
the furious
and eloquent appeal for war embodied in the Thirteenth Philippic, pronounced in the last free Senate in the history
of Rome.
From
4
against those impious and wicked citizens, I have been afraid lest
VII Phil,
4.
C5
Ad
Fam.,
M lbid.,
x,
6.
THE DUEL TO THE DEATH WITH ANTONY
the insidious proposals of peace might
301
dampen our
And
then, in order to
ments of
his
own, a
letter received
from
I
their allegiance:
this letter,
O
in
thought
order to
let
you see
by his
own
confessions. 68
In concluding Cicero
moved
a formal
commendation
Tribute to
of Sextius Pompey,
who
and forefathers towards the Republic, and
Pompey.
....
from
in
and zeal of
his
own
Rome
his
own
assist-
men whom
The doubt and anxiety that clouded the public mind down to the end of March and the beginning of April
somewhat when on the 7th of the month last named further letters from Plancus to the magistrates and Senate were read in which he said:
was
relieved
I required a considerable time, in order finally to
all loyal citizens,
and
letters
from
and
my
had
my
army,
persuade
it
saw from
what had
67
befallen
my
lation of intentions
Hid., 21.
70
Ad Fam., x,
8.
302
AND WORKS
as
on April 14 or
15, the
Antony's discomfiture at
Mutina met
and of
at Castelfranco, then
known
Forum
Gal-
Forum
Gallorum.
offensive.
After
a fierce
engagement,
in
Antony was
come by
Mutina.
During the
battle
Rome
annihilated,
telling of
Cicero's glo-
was
dispelled by dispatches
rious day.
on the Palatine.
to the capitol to
The enthusiastic citizens escorted him and down on the Rostra and forced him
make
I
On
that
Marcus Brutus:
I
me
and indeed
it is
after all a
lations
in the
unanimous feeling of
all orders,
my
heart, because
a thing to be
I
proud of that
hero (popularis). 72
But
from
Fourteenth
Philippic.
others.
in
the
Senate on April 21, where he demanded that a supplication of forty days should be decreed; that a
monument
in
to the sena-
The news
ad
Rome on
the 26th.
72 Epist.
3.
303
would
it
far
more important for the Senate to declare Antony a public enemy (hostis) which, strangely enough, had not yet been
done.
From
and
my
house
my
and admonition of
everyone; that
has been by
my
in
letters,
and
my
messages and
my
men
owing
I
I,
to
my
first
of January,
have
this a
war;
so that
who
Then moved, no
tion delivered
by Pericles
memory
of those
who had
therefore, give
my
vote,
noble
monument
and
Martian Tribute
to
legion,
who
the Martian
That was the first legion to tear itself from the band of Antonius; that was the legion which encamped Alba that was the legion that went over to Caesar and it was
;
;
bravery.
The
fourth
is
victorifell
man; some
of the
Martian legion
very
moment
of victory.
consider you
men born
who
W XIV Phil,
7.
304
AND WORKS
for the benefit of the nations, appears to have begotten you for the benefit of this city. Death in flight from the battle-field is
Mars
from
"selects
disgraceful,
for
Mars
himself usually
the bravest
the
ranks."
slew will pay the penalty of their parricide in the realms below, while you who breathed out your latest breath in victory have
gained the dwelling-place and
home
of the blessed.
Brief
is
the
span of
spent
life
is
life
memory
of a life nobly
immortal.
of ours,
toil
and danger
lived,
It
is
you
but
now
sanctified
by death.
car
who now exist, or the silence of posterity, since the Senate and Roman people have raised to you, almost with their own hands, an
never be unsepulchered, either by the oblivion of those
imperishable
Second and
last battle of
monument. 74
At
lic,
the very
moment
Mutina.
Mutina
in
that, dur-i
abandon the
Nabonensis.
siege
and
to fall back,
upon Lepidus
in Gallia
Pansa, who died of his wounds in the night of the 2 2d and 23d, 76 Decimus Brutus, one of the slayers of Caesar,,
and Octavian,
his adopted son, were the surviving com-manders of the victorious senatorial army; and as sucI$J they were expected, of course, to inflict upon the fleeing] Antony the fate of Catiline. 77
Rome,
in a
very exaj
App.,
iii,
71.
Neue Jahrb.
76
fiir Phil. u.
xi, 13.
Ad
Fam.,
77 Episl.
ad
Brut.,
i,
3.
305
and on the next day the Senate met and proscribed Antony and his followers upon the assumption that his career was at an end. 78 For
;
Antony and
his followers
proscribed.
moment
it
did seem as
if
Cicero's struggles
and
sacri-
fices
in vain;
it
did seem as
if his
if
the Republic
it
did seem as
in
Last Philippic
Antony had ended at last with the chief promoter of the new monarchical system prostrate in the dust. But never in all history was the semblance of victory such a complete Semblance of illusion. The great lover of liberty had wooed the God- JJSli* dess and had clasped a cloud. When he seemed to have
11
all
Our
As
revels
now
are ended.
I foretold
you, were
all spirits,
actors,
Are melted into air, into thin air; And, like the baseless fabric of this
78
vision,
iii,
p. 524.
306
AND WORKS
itself,
which
it
And,
pageant faded,
With consummate
ments of supreme
mo-
peril,
command
who had no
ate at
the
Rome. They were beginning to understand that new monarchical system founded by Caesar in the
who
Marcus Brutus:
power
the
soldiers
For we are flouted, Brutus, both by the airs assumed by the and the arrogance of their commanders. Each man claims
be powerful in the Republic in proportion
80
to
to
his
physical
force.
Cicero foreshadowed
the
all
that
was
to
happen when
in
Tenth Philippic he
me
said:
Finally let
myself.
House
are to be governed by
words are
to be
for death,
which
preferred to servitude. 81
Antony wini
Lepidus.
Antony, with four legions and the cavalry, hastened by to to appeal a forced march across the Maritime Alps r * s Caesar seven of of Lepidus, whose army was composed
1
79
sc.
i.
80 Epist.
ad Brut.,
i,
10.
81
X Phil,
THE D UEL TO THE DEA TH Wl TH ANTONY
old legions, 82 and the appeal
307
was not
in vain.
After the
May
30 wrote
a brief letter
which he said:
my
army
83
at the
head of fourteen
sarian
army
in the West,
Pollio, next
by
moment when
torial
government which had denied him the consulship. Emboldened by the prospect of an agreement with Antony and Lepidus, Octavian resolved upon a coup d'etat
which involved an expedition against
intentions
octavian's
'
-
Rome
itself,
and to urge them to revolt. He crossed the Rubicon early in August 84 with eight legions, and upon his and Sardinian legions came over
to his
his
By appropriate
adoption was
Caesaris
86
and the
lex
Ej2ISi
no
exceptions being
82 83
84 85
made
in
Stationed at
Forum
35.
Ad Fam., x,
App., in, 88. Dio, xlvi, 45-45 App., iii, 92-94. 8e Livy, 120; Dio, xlvi, 47-48; App.,
;
iii,
95.
308
AND WORKS
Decimus Brutus who, with Plancus, was about to attack who had accepted the extraordinary powers his father had exercised in the war
The
panic-stricken
Senate,
in
manded by Octavian of
five
mother and
Caesarian
sister
the Vestals.
fect
army
in pos-
session of
The Caesarian army, which preserved perdiscipline, was thus in possession of Rome and Italy,
Rome and
Italy.
same time Gallia Narbonensis with the fourteen legions of Antony and Lepidus. In the presence of such a menace the wavering Pollio resolved to come over,
the
dividing,
The
Caesarian
combination
that
now
controlled
more than
Plan-
example of Pollio
resolved
Thus deserted by
88 App.,
Plut, Brut., 27; Dio, xlvi, 48-49. iii, 97. Cf. Ferrero, vol. iii, pp. 172 sqq.
309
the Alps
under
orders
from
Antony,
life
unmoved
his
during the
army of the West in possesand the European provinces, nothing remained but the reconciliation of Antony and Octavian, a
the entire Caesarian
sion of Italy
With
consummation made urgently necessary by the fact that Brutus and Cassius were still in possession of the richest
part of the Empire, the East, with nineteen legions behind
Reconciltlonof
*f
Octavian.
them.
ests
inter-
Cae-
met
to reestab-
with the
full
powers he had
such a
life, in
way
in
the
triumviri reipublicae
stituendae.
In order to
thus outlined, a
little
work out the details of the general plan the three met toward the end of October on
formed by the confluence of the Reno and Lavino, where, with the two armies facing each other on opposite sides of the river, they engaged,
island near Bologna,
We
know
Second Triumvirate; not a group of dictators, but "a commission of three for settling the government," which was
to continue for five years
year. 92
from the end of the current Within that time they were to possess criminal
Scope of
thelr
Pwers
form of
trial,
the
App.,
ii,
97-98.
Fam., xi, 9. 81 App., iv, 2; Plut., Cic, 44; Dio, xlvi, 55.
Ad
92 Fasti Colotiani in C. I.
p. 466.
3io
CICERO, A
right to
make
and
officials in
Rome and
in the
and
scriptions. 93
Dreadful
expedient
for
But over and above all such details stood the overshadowing necessity for providing money with which to
settle the vast obligations,
payment
assumed
in the
midst of the
of the army.
two hundred
thousand men, by whose physical force existing conditions had been brought about. The problem of problems was how to raise, with an empty treasury, with a people unwilling to be taxed, and with the rich provinces of the East in the hands of the enemy, a sum exceeding eight
hundred millions of
000,000.
sesterces,
94
But one expedient seemed possible, and that was a massacre of the rich and a confiscation of their property through a proscription, in which the list is said to have included two thousand of the richest knights, and
a hundred senators, to which were
added a few
specially
heated controversy seems to have arisen over the 96 who were to be selection of twelve or seventeen victims
put to death at once without the hope of pardon.
is
up
mother's brother, Lucius Caesar; Lepidus, his own brother, Aemilius Paullus, and Octavian, Cicero, whom
3Mommsen, Rom. St., vol. iv, pp. 449 J??.; Herzog, Geschichte und System der romischen Staatsverfassung, 1891, vol. ii, p. 96; Ferrero,
he called "father."
Plut.,
Cic, 46.
^SUTk
The Young Augustus. The
Vatican.
311
when
announcing victory
of Mutina, escorted
traitor's death.
During the
interval he led
conditions that
made
success impossible.
Octavian's
in the
In a letter written on
May
1
D. ecimus said
.
Decimus
pursuing Antony.
But
if
me and
could have
hemmed
in
Antony
so completely that he
would have
Caesar cannot
facts.
97
command
his troops.
command
Two
diffi-
in
Martian legions had refused to serve under his orders 98 JJkSJL -the veterans were no longer willing to follow the stand- monarchy,
ard of the regicide
they adored.
who had
aided in cutting
down
the chief
As
moted by a military monarchy, drew together in a coalition whose primary purpose was a campaign of revenge against those who had so cruelly arrested its growth. It was that sentiment that clothed Octavian with power and importance. In a letter to Marcus Brutus, Cicero pays
97
Ad Tarn., xi,
10.
the Martian
312
AND WORKS
is
potentis-
....
certain persons by
most unprincipled
letters
and misleading
my advice, and personally possessed of brilliant ability and admirable firmness of character, to entertain a very confident hope of the consulship. 39
erned by
Plutarch was, no doubt, correct in assuming that Octavian turned his back, on Cicero the
moment he
refused to
According to Suetonius (August 12), he abandoned without hesitation the senatorial government the moment it refused to bestow that
and Cassius.
was then that the leader of a deputation of centurions who had been sent to present his claim, struck his hand upon his sword hilt and said, "If you will not give it, this shall give it," and it did. After Octavian's desertion the only hope that remained to Cicero as the head of the dying Republic was centered in the return from the East of Brutus and Cassius. When in June he felt that Caesar's heir was slipping away from
office
upon him.
It
or
if
whole hope
last
is
Wherefore
fly hither,
state,
than by any
Men of all kinds will crowd around you. fortunate coincidence. Write and urge Cassius to do the same. Hope of liberty is nowhere to be found except in the headquarters of your two
camps. 100
is
preserved to
July, he said:
10 Ibid.,
\,
ad
Brut.,
i,
10.
10.
313
last
spark of
life
was
Thus deserted by
ancient constitution
all,
came for him to seal his devotion with his blood. Two means of escape were open to him nothing barred the
exile.
The
epidemic of
'
self-
cicerodec
murder that followed the r performance of Cato, noble as it was regarded by many, did not infect the spirit of one who had a clearer vision of immortality and of a life beyond the grave than any other among the ancients who lived and died prior to the Christian dispensation. He
rose above the popular temptation; he
self-destruction.
Cicero
the
?. suicide
exile,
ot
and
was too
lofty for
less, his
is
and
but
Paul or
St.
Augustine,
in that
importance.
.... Of
time,
all
the
the
Roman world
evil
political
debasement of his
good and
which may
not raise a
man
and extravagance.
He
alone attempted
govern the world, not with the foolish obstinacy of Cato, or with
the cynical
With
tainly
his
go into
exile,
101 Plut.,
pp. 189-90.
314
AND WORKS
When
Quintus.
was at his Tusculan villa with his brother After resolving to join Brutus they proceeded
Astura where they hoped to embark for Mace-
in litters to
donia.
Quintus
he met his son who had been left was that the sleuths of Antony discovered their hiding-place, and murdered both after subjecting the younger Quintus to frightful tortures. Thus bereft, Cicero embarked alone at Astura, sailing as far as the promontory of Circeii (Capo Circello),
returned to
behind.
Rome where
it
There
where,
ashore.
in a
fit
On
the
morrow, yielding
devoted slaves, he
rough
was when he
own Formian
I
villa,
he resolved to
me
die
go no farther. 103
die," he said, "in
my
coun-
try I
have
my country
me The
saved so
often."
story goes
104
as the vessel
he retired to
and cawed.
draw
the
towards the
coast.
Then
it
was that
the slayers
upon were
befriended,
how
wooded path by
When
iv)
overtaken,
forbid-
litter,
Appian
(B.
C,
to seasicknessofo
104
iv, 19,
315
to
According
With his chin resting on his left hand, as was his wont, he kept Plutarch's gazing steadfastly on the slayers, his beard and hair untrimmed description
and
his face so
who
looked on covered their faces, and would not witness the deed
Thus he calmly
of Socrates
all
It
was
the death
Formiae,
Where
Cicero
Was Murdered
When Antony
life
who had
away
the
Childish rage
*d2"j a
of one
his
own during
the conspiracy;
but
according
to Tiro, just
316
AND WORKS
mockery
ven-
Roman
whom
any
man was
ever opposed.
revolt at the
unwomanly
lap,
alive,
brutality of Fulvia,
it
addressing to
words of
were
it
we should not
forget
had
ridicule,
Roman
in the
society.
and inhuman
indignities offered
by Antony and
them
into dust.
in the
When,
same
spirit
of fairness,
we contemplate
whom he had
Cicero's lack of sym-
called "father,"
who handed over to the assassins one we should not forget that
to
sympathy.
He
an end, a piece on
would rather die than be saved by such a one." There can be no doubt that the youth was mastered and overcome by the magnetic genius of the
Once he
great orator.
Plutarch
tells
two days
he adds
of Cicero; anc
happened many years after that Augustus once found one of his grandsons with a work of Cicero's in his hands. The boy was frightened and hid the book under his gown but Caesar took
It
;
106
317
from him, and standing there motionless he read through a His tribute to Clcero then he gave it back to the boy, and said
-
my
man
who
107
This story gains credence from the fact that after the
conclusion of peace Cicero's
Rome where
Augustus possibly as a retribution for the part he had taken in his father's death. Writing to Marcus Brutus on
July 11, 43 B.C., Cicero, in expressing the wish that his son, then twenty-two, should remain with him and not return to Rome to begin his public career with sacerdotal
^^ ^
ls
rs
honors, said:
Upon your
diately hurried
writing to
me
as to
my
imme-
my
with a
my
:
son telling
him
him.
that
if
for nothing
me and
However,
him
that the
my
part
Marcus
!!!Su!Y?
Philippi.
who had
islands
and afterwards joining the standard of Sextus Pompey, established a despotic sea power upon the three
where his rule was absolute, thus posing for a time champion of the Republic and its liberties. And yet, despite such obstinate loyalty upon the part of
as the last
member
Augustus as
As
were
point-
^"foneag^e.
Nothing more
ad
Brut.,
i,
Cic, 49.
108 Eptst.
14.
3i8
AND WORKS
edly illustrates the irony of fate than the fact that as consul,
statues
and
monuments of Antony, so that his very name might perish from the face of the earth. Not until after he had been
proconsul for Asia Minor, or, according to Appian, of
Syria, did Cicero's only surviving heir pass
away leaving
his
no
issue
of
Terentia.
When we
about her,
listen
to
the
we should
be
remember
make
chil-
dren, with
to
whom
whom
he addressed
is
many
The
flimsy case
against her.
was "neglected by her during the wai [the Dyrrachium-Pharsalus campaign] when he was That is to say, that when he was in left in dire want."
penned,
that he
Pompey's camp, far away from Italy, his absent wife, whose separate estate he had always enjoyed, did not
properly supply his wants.
He
avail,
you came."
state in
Cicero's
112
That was
the end.
It is true that in
his
misty
statement.
as
my own
109 Cf. Forsyth, vol. ii, pp. 318 sq. 110 According to Dio she was thrice
froti
Cicero.
* Plut, Cic, 41. 112 Fam., xiv, 12.
Ad
319
of
new
old."
113
We
something entirely apart from the prosy details of business affairs, which a chivalrous nature
was unwilling to express and yet could not entirely conceal from a friend. If no such hidden cause really existed, then the great moralist can only be defended as he has been by Cardinal
Newman who
says:
we must
At
Roman
^l*^
advantage.
Could divorce her. For the very reason that matrimony was for the nobility a act, the Romans were never willing to allow that it
political
when
the
woman was
in
no
it
man
And
by
mere
letter
"5
The
only consolation
Roman law
in the
ower'
Ad Fam.,
iv, 14.
The Women
CHAPTER
A fruitbearing tree
XI
TREATISES ON RHETORIC
In studying
man
man we
life
and thoughtbearing
contrasted.
studying the
of
which marks
first
falters
and
falls
When
by the
man
is
we cannot
it
fail to
be impressed
it
ended before
was
possible for
to falter or fall
back into a
state of decay.
From about
in
like
His
was never
more
Cicero fell like an oak with its leaves fresh and green
brilliant
upon
it.
was suddenly cut off in the forest near Formiae, he went down like a sturdy oak felled by the axmen with all its leaves fresh and green upon it. There had been no decay; the stem was severed from the root before disintegration
immediately preceding his death.
his life
1
When
"Praeclara fades,
magnae
divitiae,
Sallust, Jug., 2. "Personal beauty, great riches, strength immortalia sunt." of body, and all other things of this kind, pass away in a short time; but the noble productions of the mind, like the soul itself, are immortal."
320
TREATISES
ON RHETORIC
its
321
fruits
have been
preserved for
all
time.
By
how
productlon the nat "
his life
to which
it
In that
way
ural outcome
it
will
appear
how
unpre-
As he
in the
of a particuar peno
'
and eventful
life,
he embodied
them
come down
to us.
As we
shall
soon
made
Conditions
that P r ompt-
form of a treatise on rhetoric, com' posed at a time when the laws were silent and the courts closed in the midst of the confusion which the Social War had brought about. As the ambitious young advocate
at twenty,
was
#
in the
ed
r
his first
treatise
on
-
etonc
could not practice the art with his voice in the courts, he
From
his
death he
was producing
a series of treatises
politics,
i.
e.,
f^Ya"
as
more
Onphiloso-
^h J
which begin
322
AND WORKS
in the
man
us,
last letter
preserved to
43
B.C.
effort will
in the
be
made
works of Cicero
is
order named.
When
that outline
filled
all
in
by
from
of his
general
reader
should
have a
fairly
clear
com-
War we
some capacity
to the pretorium and the person of the consul Strabo, with whose son Cnaeus Pompey, very near his own age, he was
first
Reference
in
war
which the
The Commonwealth
all
itself
seemed
the great
While the outward forms of the old republican constitution still survived, there was no real government by the
people at the time Cinna pretended to be their leader, or
by the Senate, only a fraction of which then remained at the capital. In the midst of such scenes that body had, by
Courts closed a special decree, closed the by a special
decree.
off
all
See above,
p. 84.
TREATISES
The
ON RHETORIC
was away with most distinand Antonius, the most
323
the army,
and so was
in
guished of those
middle
The
only court
Exception,
Treason
to
Rome
Co m
or
sslon
were brought on the charge of having "incited the allies to revolt." Of one of its victims, the orator Caius Cotta,
Cicero writes: "His exile just at the time I was most
anxious to hear him was the
first
J HighTreason.
unfortunate incident
all
in
my
to
career."
At
such a
to
moment when
loss
hope of
forensic career
seemed
practical oratory
by composing a book
book on
the general
rhetoric,
all
per-
mother of
works."
into the
De
Oratore, 5 put
mouth of
may
be taken as
we have
the following
method of preparation
says:
as a stylist in
Latin prose.
He
wont
my
to set before
.... Having
which
;
tt
taken
me
a
.
st y' lst
in
a poet,
Latin prose.
words
as I possibly could.
had
most
specifically suitable,
3 Brut., 89.
4 5
Ibid., 93.
For example,
i,
34.
324
if
AND WORKS
it was his poetry that I was practicing on, or by Gracchus, if perhaps had set a speech of his before me, that consequently
if I
if
others,
it
was even
Afterwards
my
when
reproduced in
had read
Greek,
new
were
The
fact here
first
among
naturally sug-
Roman
After a
of
Roman
let-
ters prior to
review of the
initial
period of
Roman
in the
literature, begin-
Cicero's time,
early
manhood
made by
the
Romans,
Ennius (239169
to give a
B. c.)
a new medium of conciliation between Greek and Roman thought, endowed as he was
to
new impetus
is
true,
direction to
Roman
letters as a
with "a poetical imagination and animated with enthusism for a great ideal."
M. Porcius
Cato.
M.
antagonism to the literature of imagination created by Ennius placed prose literature on the main
6
lines
it
after-
De
Oral.,
i,
34.
TREATISES
ward followed by making
objects of practical utility.
ON RHETORIC
it
325
7
ancillary to politics
and
to
As
the
head of an
among
Roman
pro-
from
a socio-
More
Roman
in
of Latium, the
class
to
Cicero's
was
full
gran
at er '
of that kind of pugnacity, always aroused by every kind of innovation, even where the introduction of Greek
learning
was concerned.
used
to
The
that
old knight,
who hated
the
like
Greeks,
say
his
countrymen were
more Greek they knew the greater There was, however, a better feeling
and Lucinius Crassus, eminent pleaders at the who were steeped in Greek learning and
Roman
culture,
fluency.
And
yet
Crassus,
the
7
who seems
Marcus and
and
his
brother
He was
in that
way gave an
impulse to the creation of Roman oratory. Cicero says that one hundred and fifty of these speeches were extant in his day. See the excellent article on "Roman Literature" by Professor Sellar of the University of Edinburgh, Enc. Brit., 9th ed., vol. xx.
326
AND WORKS
B. c.
when censor
in
in the
year 92
he joined
quoted,
closing
schools
of the Latin
rheto-
ricians.
it
is
who took up
ing defective
on the
which
ob-
on the ethical
made
And
stacles, in perfecting
that the
name
implied.
The
power
to express
Latin not a
103
was not dismayed by the fact that, at that time, the Romans had no manuals of philosophy or any philosophical writings in Latin apart from the poem of and some poor productions by obscure Lucretius, He was not discouraged by the fact that Epicureans. Latin was not a philosophical language, nor one in
career.
He
language.
wmcn
to
He
purposed to do
all
in
his
power
remove both
defects.
critic
Cardinal
Terence
and
Lucretius
had
cultivated
simplicity;
Cotta,
Newman's
made
much by
the invention
Some
8
him
to coin;
the
application of existing materials, in converting the very disadvantages of the language into beauties, in enriching
it
with circumlo-
in
pruning
it
of
harsh
and
uncouth
De
Fin., Hi,
and 4;
TREATISES
that copia decendi
ON RHETORIC
327
Caesar to
tutes
his inventive
we may
add, consti-
him the
world has
ever seen. 9
The
classicists,
who
the problems
growing out of
manual in four books, The Rome, and addressed to a certain Heren- J^r^J^dto nius, covering the entire domain of rhetoric. It seems Herennius. to be clear that the publication of that work preceded
the publication of a certain Latin
composed
at
that of Cicero's
De
of which have survived, a torso only of what was originally intended to be a comprehensive treatise (ars).
is
It
Ad
to continue
and
complete his
own work.
in the
It
both writers,
evidently the
A Greek
same one,
i.
e. y
assumed or assumable,
trine of
in the
10
While it is impossible to say exactly when Cicero's work was published, the expressions employed in the De
Oratore:
quas
dixi-
youth
probably
to that part of
it
passed
in
Cardinal
Newman,
i,
p. 297.
De
328
CICERO, A
From his Greek and from the writings of the Greeks, notably Socrates, and Theophrastus, Cicero evidently
oric
drawn
from Greek
sources.
derived the materials for all his rhetorical works, which were refined as time went on by his own speculative researches, and his wide personal experience of the
oratorical art.
In his
first effort,
De
How
eloquence must be considered.
origin
it
position
among
it is
function
third, as to
the end
it is
as to the
The
may
be composed of mere
who compose
and
political assemblies as
or of those
the past.
Constituent elements of a speech.
who compose
The
their expression
(memoria) ; of the delivery, including modulaof the voice and gestures (pronuntiatio). Every case
termed the constitution (constitutio) of the
Here I desire, once for all, to acknowledge my great indebtedness, in and the three following chapters, to the invaluable article on Cicero contained in Smith's Dictionary of Greek and Roman Biography and Mythology, a source of knowledge whose critical and historical value does
this
TREATISES
case.
settle
ON RHETORIC
is
329
involved or several,
ment.
and whether the arguments do not depend on some docuAfter the exact point has been determined, the and the replication
Final ar-
in its order.
Not
have
all
orator proceed to arrange his exordium, or introduction; ^"discourse, his statement of his case his explanation of the manner of
;
handling
it;
his
array of arguments
in
support of his
or peroration.
in the
in his later
The
from
and-twenty
A
and
to
ent should
are set
to that
arguments document intended. But the intention of the framer of the document must be proved,
applies all his
down
which he
of the
by the
to
man who
and
must
also, either
when
a
is
word
is
set
down
in a
written document,
There
is
When a contestant
"Whoever
in a severe
tempest desert their ship shall be de- the letter the ship and the cargo shall belong of the law."
sailed
on the open
men who remain by the ship." sea, and when the ship
13
Two
man swimming
De
Orat.,
I,
2.
330
AND WORKS
into their vessel.
hands
to
them.
man
little
owner
of the ship,
who was
ship as well as
to the ship,
and from that he guided the he could by the rope by which the boat was fastened
to
whom
the cargo
this
On
the
shipwrecked
could.
man
But
after the
waves went down and the tempest abated, But the man who had fallen on his
sword turned out to be but slightly wounded, and easily recovered of his wound. And then every one of these three men claimed the ship and cargo for his own. Each one of them relies on the letter of the law to support his claim, and a dispute arises as to the meaning of the expressions "to abandon the ship," "to stand by
the ship," and even
what "the
ship"
itself
is.
14
A useful
DePartitione
3
companion
to the treatise
De
Inventione
is
to
be found in
De
ca^ecMsm
for the use
method of the Middle Academy, prepared by Cicero in the form of questions and answers, for the use of his son Marcus, probably about the close of the year 46 B.C.
or the beginning of the year 45 B.C., shortly before th( death of Tullia and the departure of Marcus for Athens.
The whole
*m&trt\nt?
heads.
The whole of
is
un ^ ev tnTee heads
the speech
therein arranged
the
first
(questio).
The
under
heads
itself
and memoria; while the precepts with regard are also arranged under five heads
exordium,
The
to the speech
case
De
Invent.,
ii,
51.
TREATISES
may
be
infinita,
it
ON RHETORIC
in
331
in
defined; or
defined,
may
it is
when
called causa.
The
under
8iaipeo-?,
Partitiones
all
JSJL
tediousness and
is
poor
in illus-
in its details.
The
following
may
of
its
style
VI.
Pat.
Cicero
;
Fil.
understand you
now
so
far
as
simple
Illustrations
expressions go
now
Cicero
in such
lts st y'e.
There
is
a certain
Our
up with the
requisite
words the
sen-
tence
exuberant
But
laid
down
and cases;
simple
is
expressions, that
which
is
common
to both single
Clearness
in
is
produced by
common words,
;
appropriate,
well arranged,
is
a well-rounded period
on the by any
But brevity
is
De
Part. Orat.,
6.
332
Quoted by
Quintilian.
CICERO, A
As
is
this
production
genuineness, there
it,
makes no reference to it in any of his other works. We must now turn back to the period of calm towards
the end of 55 B.C., about
from
De
Oratore.
exile,
life,
when, living
public
De
Oratore, the
most brilliant and polished of all his rhetorical works, and one of the foremost of all the prose compositions
of classical antiquity.
tion
he
writes
from
where
probably
the
De
A letter to
Atticus.
am
I
Perhaps you
thought
was
lake. Well, I have them too. But I declare to heaven that the more I am debarred from the enjoyment of ordinary pleasures, owing to the political situation, the more do I find support and refreshment in literature; and I would rather be sitting in that
charming
seat of yours,
in their
and be taking a
stroll
with
man [Pompey,
have to walk. 17
as the context
whom
I see I shall
technicalities
re-
A systematic solved
work on ora
tory composed at the
compose a systematic work on oratory at the request of his brother Quintus, and therefore entitled De Oratore ad Quintum Fratrem. The scene is laid in
to
16
request of
Quintus.
who
is
known
to
"About
long
in
Ad Att., iv, 10. On November 15 he wrote to Atticus (iv, 13) saying: my oratorical books, I have been working hard. They have been
hand and much revised; you can
get
them copied
[that
is,
by his
librarii, Atticus
TREATISES
ON RHETORIC
333
the last days of the great orator Lucius Crassus, and the
The
sec-
ond person
Antonius,
in the
dialogue
in
is
the
famous
rival of Crassus,
while,
the
opening
scene
Cicero's
old
moment
The
such
a captivating
way
of Plato.
The "An air of whole g randeur and magniri,. t company is invested with an almost religious majesty, from the cence reigns allusions interspersed to the melancholy destinies for which its throughout."
air of
An
We
have
in this
form
and
tribunitian
The
**"
War, when
all
Rome was
in
M.
Livius Drusus
sit
criminal trials.
consul Philippus,
by Crassus,
who
is
accompanied by
and
p. 281.
political
Newman,
'
334
CICERO, A
ally,
M.
Cicero's
and the
father-in-law
of
men
who were
eager to
first
day
in the discussion
when
the solicitation of Cotta and Sulpicius, a conversation on the orator, conducted by the elders, the following afternoon.
who
continue
it
until
At
first
who hope
Varied
accomplish-
ments of the
perfect
orator.
and
theoretical,
orator.
attainable, indicates in
no uncertain terms
his belief
that,
master
more
profitably
employ himself
in
improving, by self-training
and experience,
of delivery.
Technology
of the subj ect.
manner
enter jointly
Ibid.,
iv,
1 6.
TREATISES
ON RHETORIC
335
be attained.
it is
Here
its
that
we
learn:
All action
is
mind
is
the face,
mind's eye
is
is
more
easily impressed
by what
is
seen
than by what
heard. 22
is
So great
....
life
History
is
memory, the schoolmistress of life, the herald of antiquity; receiving from the voice of the orator alone her credentials to
of
immortality. 24
.... Nothing
take.
25
attracts so
much
as the occasion
a mis-
.... Nothing
mate orator. 26
is
more
rarely found
a consum-
in
De
Oratore rep- An
excursion
j
^a n J f
of law.
graphic and detailed description of his ideal of a comprehensive and philosophic treatise upon the entire body
of
Roman
by
either
his
own
and which
was once
defies abridgment,
as follows:
The knowledge
to sciences,
now
reduced
in
music,
figures,
distances,
and magnitudes;
in
De
Orat.,
iii,
ii,
iii,
59.
9.
22 Ibid., 23 Ibid.,
41.
83.
28.
28.
336
AND WORKS
we are talking, the invention, expression, arrangement, memorizing, and delivery seem to have been at one time unknown
of which
to all,
entirely unconnected.
Cicero
first
differ-
to define the
science of jurisprudence.
Therefore
let
this,
the preservation in
and custom.
Then
its
as possible.
genus
is
that
which embraces
two or more
in
common
but differing in
The
to the genera
all
from which they proceed, and the force possessed by names of the genera and divisions must be set forth in defini-
tions.
A
my
definition
is
we wish
I
to
To
this I
with
Essence
of Cicero's
hearers.
As
it
is,
have
proposed.
If I should be permitted to
if
do what
after
planning, or
somebody
else
unexecuted
plan.
am
as
my
as soon
some one
whole jus
what we may
call the
which numbers of
and then
set
In the meantime, while the scattered fragments are being combined, a person
may
knowledge of
civil
law
quod
28
"Adhibita est igitur ars quaedam extrinsecus ex alio genere quodarn; sibi totum philosophi adsumunt, quae rem dissolutam divolsamque
conglutinaret et ratione
quadam
constringeret."
De
Oral.,
i,
42.
TREATISES
Where
ON RHETORIC
of our
is
337
can
the
and
however, to
dis-
no doubt the
attempt, to de-
whose famous
treatise
on the
'
jus civile a
somewhat
Some
made
to the extended
book of the De Orator e (chaps, xlivIxxi) upon the kinds and uses of wit and the limitations that should be imposed upon its use.
Kinds and
A
ities
which, even
if
instruc-
my
other
better bear
me
testimony,
is
no
if
instruct us in
it.
man who
true,
is
not destitute of
upon wit
itself
found,
it
is
many
laughable and
witty sayings of the Greeks; for those of Sicily excel in that way,
as well as the
but, above
all,
the people
Impossible
to
But they who have attempted to deliver rules and principles on that subject, have shown themselves so extremely foolish that nothing else in them has excited laughter but their
of Attica.
make
:
sub
ect#
This talent, therefore, appears to me incapable of being communicated by teaching. As there are two kinds of wit, one running regularly through a whole speech, the other pointed and
folly.
29 30
See the author's Science of Jurisprudence, pp. 37-40. See above, p. 72.
338
AND WORKS
[cavillatio],
consideration:
Concerning laughter, there are five things which are subjects of One, "What it is"; another, "Whence it origi-
nates"; a third,
"Whether
it
"What are the "What laughter itself is," by what means it is excited, where it lies, how it arises, and bursts forth so suddenly that we are unable, though we desire, to restrain it, and how it affects at once the sides, the face, the
laughter"; a fourth,
several kinds of the ridiculous?"
"To what
As
to the
first,
and
eyes, let
all
nothing to do with
my
remarks, and
I
had
to
do with
am
ignorant of that
it.
to explain
32
A little
....
Let
this,
later
on we are asked to
is
expressed
wittily, consists
sometimes
in
mere
the
men
when
is
The
thought and language in
conj unction.
laugh
is
in conjunction.
.... The
old saying of
Nero about
a thieving servant
humor
in the
1
whom
is
nothing
In Orator
we
are told
way
as
it
....
neither to indulge in
may
may
lest
not seem
it
wit of a comedian
nor
in a petulant
manner,
lest
should
seem
spiteful;
that shou
seem inhuman; nor crime, lest laughter should usurp the pla which hatred ought to occupy nor should he employ this weapoj
;
si
De
Orat,
ii,
54.
32 Ibid.,
ii,
58.
TREATISES
when
unsuitable to his
all
ON RHETORIC
339
own
33 of the unbecoming.
When we
inquire as to the
manner
in
which he applied
we
of n
in
reproducing no Comments
earlier
of
some well-informed
Q^l"in a ^
on Cicero's manner.
author, says:
Cicero's
ness,
manner
of delivery contributed
much
to his persuasivevoice,
The
readiness and
sharpness of such wit seemed clever and well suited to the courts,
but by giving
it
many and
Whether
in
am
am
led astray
by
him
abounded
examining witorator,
nesses he uttered
and he
credits to others the dull jests in the process against Verres, intro-
An
forbearance" to be observed
00who
is is
and
given in con-
said to observed.
who was
jest
35
of Appius as scurvi, 3, 3.
Ad
Cic,
9.
34Q
AND WORKS
and
at the
who
said instantly:
36
"Wash your
when
expecting a compliment, told him that he was now walka ing two miles a day. Of course," the orator replied,
"the days are longer."
Typical
witticisms
attributed to
37
When, through Caesar's favor, Vatinius, at the year 47 B.C., was raised to the consulship
days to
fill
the end of
for a few
Cicero.
had happened
winter; and
in that
consulship there
was neither
summer, autumn, or
that he
had
re-
Q. Fabius Maximus the consul died on the last day of December, 45 B.C., and Caesar had Caninius Rebilus elected and installed to fill the vacancy
took me."
during the few remaining hours of the day, Cicero
When
made
event,
;
saying:
"We
have a watchful
consul in Caninius
the
warmth of
"Do you
darkened the case that the court could not see your guilt?" And in the same vein, when from
I so
the Rostra he
had eulogized Marcus Crassus, with much a few days afterwards as publicly
That
is
De
Orat.,
ii,
60.
was
either
unclean or dishonest.
37 Quint., Inst. Orat., vi, 3, 77.
TREATISES
ON RHETORIC
341
mend me?"
my
Another time Crassus had said that no one of his famhad ever lived beyond sixty years of age, and afterwards denied it, and asked, "What should put it into my
ily
was to gain the people's favor," answered Cicero, "You knew how glad they would be to hear it." And when Crassus expressed his admiration of the Stoic doctrine, that the good man is always rich, "Do you not mean," said Cicero, "their doctrine that all
head
to say
so?"
"It
things
accused of covetousness.
so very
man
had made a
replied
To
he
Metellus
Nepos, who,
times,
in a dispute
"Who
was your
Cicero?"
replied,
difficult."
When
Vatinius,
who had
was pleading
was
alive,
"May
was dead, on hearing presently after that he the rascal perish," said he, "for his news
in the
When
opposed
Caesar proposed
Campania among the soldiers, many and among them Gellius, one of the oldest
members of the body, who said it should never pass while he lived. "Let us then postpone it," said Cicero "Gellius
;
342
AND WORKS
man by
the
When
name
was pleading, that he could not hear him, the orator retorted: "Yet there are holes in your ears." To a young man who was suspected of having given a poisoned cake to his father, and who talked largely of the invectives he meant to deliver
plained, while Cicero
Becoming
thirsty
me
for
his
drinking water."
"He
When
Gellius,
had read several letters to the Senate in a very shrill and loud voice, "Wonder not," said Cicero, "he comes of the
said to be the son of a slave,
criers."
who was
When
by
death,
his estate as to
publish his bills of sale, Cicero told him that he liked his
bills
much
When
more
as a witness than he
admit," said
quence."
had saved as an advocate, "I Cicero, "that I have more truth than elostill
among
desirous to say
for himself,
anybody
to
When
TREATISES
receive his
acquittal
ON RHETORIC
ballots
to him,
343
"Make
haste,
will
be
nobody."
On
Cotta,
who
though igno-
know nothing of the matter," Cicero answered, "You think, perhaps, we are asking you about a point of law." It was well known that Hortensius, who defended Verres, had received a
rant and unlearned.
After he had
said,
"I
famous ivory sphinx as a part of his reward. So after the prosecutor in some part of his speech, by a dark hint, had indirectly reflected upon him in such a way as to prompt
Hortensius to say that he was not skilful
dles,
in solving ridin
"No,"
said Cicero,
your house."
While Quintus Cicero, very small in stature, was in the province of Asia, of which he was governor, a halflength portrait was painted representing him as of heroic size. When Cicero saw it, he exclaimed, "The half of my brother is greater than the whole." One day when he was dining out, his host, Damasippus, had some inferior wine brought in, saying at the same time, "Drink
this
Falernian,
it's
As he
sipped
it,
age well."
native of
Laodicea
his
state,
said,
it,
act as
When
mind the strange elements introduced by Caesar into the Senate* at Rome, he replied, "The man shall have what you ask at Rome, if you like, but
town, having
in
144
it
AND WORKS
difficult
38
Pompeii."
Rome,
in
de Claris Oratoribus.
the meantime.
campaigning
in
all
the
the fa-
mous
of
orators
to his
own
As
great Hortensius,
tion as a youth
whom
At
the outset he
says:
If Hortensius
were now
the
living,
other advantages
common with
Forum,
his
worthy
fellow-citizens.
when he beheld
finished
But was
or
Roman
Country no
longer supported by the talents, wis-
pang of which none, or at Even I indulge least but few, besides himself could be susceptible. heartfelt anguish when I behold my country no longer supported the only by the talents, the wisdom, and the authority of law weapons which I have learned to wield, and which are most suitGrecian audience, he must have
dom, and
authority
of law.
able to the character of an illustrious citizen, and of a virtuous and well-regulated state. But if there ever was a time when the
authority
and
eloquence
of
an honest
individual
could
have
38 The statement has been made heretofore (see above, p. 18) that fifty or more of the witticisms attributed to Cicero, but not found in his works, have been preserved by Plutarch, Quintilian, and Macrobius and conveby niently assembled in the fragmenta in the editions of Cicero's works Baiter and Kayser (vol. xi) and C. F. W. Mueller (Pt. iv, vol. iii).
TREATISES
ON RHETORIC
345
wrested their arms from the hands of his distracted fellow citizens,
it
differences
was then when the proposal of a compromise of our mutual was rejected, by the hasty imprudence of some and
Thus
it
happened,
of a
more deplora-
full
maturity
thus
properly melit
happened,
that recourse
which the
persons
who had
Those, therelife
appear to
me
to
who,
together with their authority and reputation, either for their military or political services, are allowed to enjoy the advantages of
relief to
when he
went
campaign
as
Condition of
things
was
when
made
account.
The
only
trial
we had was
that
Cicero went
to the bar.
war.
We
left at the
Memown
who
first distinction,
were yet
people,
tolerable ones
curule aedile,
too, who was then a making speeches to the great neatness and accuracy.
this eager curiosity,
But while
first
attended the
Forum with
my
continued to hear the rest with the same assiduity as before; and,
39
Brut,
2.
346
AND WORKS
I
remainder of
I
my
much
relished
my
The two
ter
remaining parts
are,
pronunciation and
memory;
in
and
really such, as
never
from
who
To
Cnaeus Sicinius, a man very vulgar, but exceedingly humorous, which was the only qualification he had to recommend him as an
orator.
When
this
man,
had suminto
consuls,
the
Forum, and Curio had delivered a tedious harangue, while Octavius sat silently by him, wrapt up in flannels and besmeared with ointments, to ease the pain of the gout, "Octavius," said he, "you are infinitely obliged to your colleague; for if he had not tossed and flung himself about today, in the manner he did, you would
certainly have been devoured by the flies."
41
And
it
yet, despite a
few such
sallies,
the undertone of
the close he says
all is
At
Lament over
the clouded
But when
upon you,
my
Brutus,
it fills
me with
anguish
future of Brutus.
making the most rapid progress on the road to fame, your career was suddenly cut off by the fatal overthrow of the CommonThis unhappy circumstance has stung me to the heart; wealth. and not me only, but my worthy friend here, who has the same affection for you and the same esteem for your merit which I For the Forum was your birthright, your native have theatre of action; and you were the only person that entered it, who had not only formed his elocution by a vigorous course of
private practice, but enriched his oratory with the furniture of
TREATISES
most consummate eloquence.
ON RHETORIC
Your
situation, therefore,
347
wounds
us with the double anxiety that you are deprived of the Republic
But
still
continue,
my
your genius has been checked by the rude shock of our public
distresses), continue to
which
Have we not
speakers
who
Among
two crowd
Galba and Cato
-
was
his
were likewise
two
juniors, Lepidus
in a public
more easy and lively; and yet, even Roman eloquence had not reached its perfection. 42
far
was
Caius Gracchus.
He
ine,
for you
my
Brutus, that
we have
is
was
richer
"for the
were
How
easily,
if
he had
life,
would he have
In eloquence,
his equal.
know whether
his
we should
striking.
his
first
yet have
had
manner
great and
He wanted
Greek models,
42 Brut., 97.
this discourse, in
inter-
348
AND WORKS
of the oratorical
observations on the
public life
and serv-
ices
As
is
a valuable contribution
A concealed
epitome of
the history of Rome.
as a concealed epitome of
the history of
Rome,
the
work
marked by
it
forms of composition
reviews.
compelled to
fly
to another in a
list
About
Ad Brutum
Orator.
duced
with
Ad Brutum De Oratore,
series,
beginning
forth the principles and rules of the art, and the qualifications,
it,
and
who have
Ad Brutum
Orator, to define
all
the
perfect orator
who
is
supposed to be adorned by
the
orator.
scientific
The
senate or
is
isting,
44
a possible
"Therefore
forum thus presented, while not actually exoutcome of a union of the highest
I
He
says,
began
this
work
so soon as I
had
finished
my
Cato.
Ad
TREATISES
ON RHETORIC
Upon
art 45
that
is
349
willing to stake
knowledge and
taste in his
In
And
I,
in depicting a
consummate
is
orator, will
draw
a picture of
Author
defines his
For
I
am
not asking
who
And
am
not often shine forth (indeed I do not know whether it ever has been seen) but still in some degree it may at times be discoverable, among some nations more sparingly. But I lay down this position,
that there
is
from a person's
face
though
still
from which
it
it is
copied
as a portrait
is
in the
mind only
it.
we have
more beautiful than the statutes of Phidias, and than those pictures which I have named, still we can imagine something more beautiful. Nor did that great artist, when he was making the statue of Jupiter or of Minerva, keep in his mind any particular person of whom he was making a likeness but there dwelt in his mind a certain perfect idea of beauty which he looked upon, and fixed his eyes upon, and guided his art and his hand with reference to the
;
a marvelous thing
how
far one
is
rest.
And
yet
when Demosthenes
flourished there
were many
illustri-
Pen-picture
of
ous orators, and so there were before his time, and the supply has
not failed since.
Demos -
So that there
is
thcncs.
men,
who have
should be broken, or
why
For
"Mihi quidem
in ilium
sic persuadeo, me quidquid habuerim judicii de decendo librum contulisse." Ad Fam., vi, 18.
46
Ad
Brut. Oral.,
2.
35
AND WORKS
which are
superior
to
Therefore
His defense
of Ctesiphon.
this
great
man whom we
call
so
by far the
then
when he
more
license
And
him
man,
weighing the
and intolerable expressions. Moreover, he asks him (for Demosthenes had called him a
beast) whether those are
Criticisms of
words or prodigies;
easy to remark
so that even
Demos-
Aeschines.
pure Attic
sion,
style.
For
it
it is
and
to turn
mind
And
with a
jest;
and says that the fortunes of Greece do not depend this word or that, or put out his hand in
How,
then,
would
Mysian or
a Phrygian
have been listened to at Athens, when even Demosthenes is attacked as an incorrect speaker! And if such a man had begun to
sing in his trembling and whining voice, as
Asiatics,
is
the custom of
or
who would
to
not have
Those
The
tic
people,
then,
who
adapt
themselves
the
refinec
real At-
and scrupulous ears of an Athenian audience, are the people deserve to be considered as speaking in an Attic manner.
who And
manner.
though there are many kinds of orators of this sort, still the people among us who affect this style have no suspicion of the existence
of
more than
one.
fierce
brusque and
For they think that a man who speaks in manner, provided only that he uses elegant
is
They
style,
in thinking
style.
For
if,
Ad
Brut. Orat.,
z.
48 Ibid., 8.
TREATISES
who
beyond
all
ON RHETORIC
manner
351
man
Pericles
andLy sias
But if he had employed only a neat, simple style of oratory, he would never have been said by Aristophanes the poet, to thunder and lighten, and throw all Greece into confusion. Let, then, that
most beautiful and polished orator, Lysias, be said to speak
Attic style.
in
it?
49
made
in this idealization to
com-
bat the popular error that the most perfect type of the
true Attic style consisted of terse, subtle, highly polished,
dull
and cold to
ornament and amplitude of expression in the form of measured periods. In order to combat that illusion in
another way, Cicero rendered into Latin the orations of
Orations
Demosthenes and Aeschines in the case of Ctesiphon as r perfect specimens of Grecian the two most eloquence.
emos "
?.
tnenes and
Aeschines
The
translation
itself
preface
De Optimo
Genere Oratorum.
As
and
there
is
is
we
are seeking to
Extracts
ascertain
in
what kind
And
it is
from the
hended by
which the genius of the Attic orators is hardly compre- pre f ace For many have us, though their glory is known to us. perceived this fact, that there is nothing faulty in them: few have
discovered the other point; namely,
that
is
how much
in
them there
if
is is
praiseworthy.
For
it is
a fault in a sentence
anything
it is
anything
is
harsh, or far-fetched.
Nearly
those
men who
who
manner have
what kind of
3.
But
as there
49
was
Ad
Brut. Orat.,
50
De
Opt.,
352
AND WORKS
to underI
it
became me
take a labor which should be useful to studious men, though superfluous as far as I myself
was concerned. For I have translated the the two most eloquent of the Attic orators,
mine will have
this effect, that
.... And
this labor of
by
it
our
to
to require of those
who wish
them
may
recall
to, as
was
sailing
towards Greece
his
waves forbade
He
said afterwards in
despairing of freedom,
was on
away
to
Greece,
when
refused to further
wind blowing
to
your
by
so
from thence
hur-
sail
to
my
country; and
my
arrival
was
man
in a nation of
The
Topka ad
Trebatium.
C.
is
known
I
as Topica ad C. Trebatium, because the famous jurisconsu ] t Trebatius, who found himself unable to comprehend
A simple abhe
ments, had appealed to Cicero for aid in that regard, The response was an abstract of the original, couched in
r7Jof
Aristotle.
and simple terms, and accompanied by illustrations derived in the main from Roman law instead of Greek philosophy. That abstract, which he promised to suppleplain
81
*2
De opt,
5.
"The one free man" because he had refused xii, 25. Antony's summons to the Senate on September 1.
Ad
Fam.,
TREATISES
ON RHETORIC
353
ment at some future time by oral explanations, was forwarded by Cicero to his friend from Rhegium on July 28, 53 In it, after defining what is called in Greek 44 B.C.
oracris
and
in
fling at the
dead
Caesar:
And
in this
A fling at the
Caesar,
But when there is any discussion about utility, or dead honor, or equity, and about those things which are contrary to one another, then come in denials, either of the law or of the name of
takes place.
the action.
either
And
it
the
same
is
praised for
or else that
ferred on
it,
may
it
deserves any
And
my
friend Cato. 54
Fam., vii, 19. In that letter he said: "But if certain parts appear be somewhat obscure, you must reflect that no art can be learned out of books without someone to explain it and without some practical
to
Ad
you
to
exercise in
it."
**A&
Trebat., 25.
CHAPTER
TREATISES
XII
Early
in
of the
De
his
De
Repu
ua.
as
De
Republica.
;
To
Atticus,
was referred,
was written
May
I
saying:
books to be at
my
service just as
if
you were
at
home,
especially
those of Varro.
For
have
in
approval. 1
11
new work,
Varro, of
whom
you write,
shall be put in
somewhere,
if
But you know the style of my dia logues: just as in those On the Orator, which you praise to the skies, a mention of anyone by the interlocutors was impossible, un less he had been known to or heard of by them, so in the Dialogue on the Republic, which I have begun, I have put the discussior in the mouths of Africanus, Philus, Laelius, and Manilius. 2
can find a place for him.
Certainly in
.
That dialogue
kept constantly
in
in imitation
of Plato,
whom
the author
*?
a ""
51 b.c
which were
51 B.C. 3
1 3
Ad Att.,
The
iv, 14.
Ibid., iv,
is
1 6.
unknown.
It
was
in
an unfinished
354
TREATISES
At
entire
355
of the
De
book by Macrobius, and certain fragments quoted by grammarians and ecclesiastics, especially by St. Augustine and Lactantius. And so matters stood down to 1822, when Monsignor Mai, librarian of
the Vatican,
from the
Augustine's
thus
modern
the
made of
work whose
direct
or the
a th 1T
f whole
,
Roman
citizens to
survives,
The
politics r
first
book, a splendid
First book
e P ltorneof
an
as understood at that
should be
made
"Happy
fact to political
and
maxim
is the nation whose philosophers are kings, and whose kings are philosophers."
For our country did not beget and educate us [the author
with the expectation of receiving no support, as
us
to
;
says]
may
call
it,
from
for rest
own advantage
back for our private service only what she can spare from the
public interests. 4
As
I
nouncing the Greek philosophers who, absorbed in transcendental metaphysics and closet speculations, taught that
4
De
Repub.,
i,
4.
"
356
AND WORKS
agement of public
ing of the
affairs.
word
the
monwe
Three
chief
When
forms of government
analyzed.
and
this
form of
political constitution
a kingdom.
state
is
When
it
is
in the
power of
;
all in all,
they call
it
is,
in
my
opinion,
preference
for royalty.
But
it
is
itself inferior to
that which
is
composed of an
wish to establish
Second book
a review of
Such
is
is
the origin
and growth
of the
Roman
constitution.
growth of the Roman constitution. When Sir James Macintosh, as one of the pioneers of the historical
school, said:
book
ii,
of
De
Republica:
"Then
Roman
its
Republic
is
not the
In tracing
kings,
upon
5
whom
Repub.,
De
45.
6 Ibid.
TREATISES
357
how
Then, after explaining had been gradually swept away, he emphasizes the importance of reviving it by drawing an animated picture of the evils and misfortunes that had
that system
befallen the
Commonwealth by reason of an
excess of
won
an alarming preponderance.
political experience
After
weighty reflection
Here begins the revolution in our political system of government and I must beg your attention to its natural course and progression. For the great point of political science, the object of our The great discourses, is to know the march and the deviations of govern- point in
ments, so that
when we
sc ; ence#
we may
from
and
fall.
ideal
real
and common-
wealth con-
And
exist,
city,
rather to be desired
may be
But for me, if I can in any way accomplish it, while I adopt the same general principles as Plato, I am seeking to reduce them to experience and practice, not in the shadow and picture of a state, but in a real and actual commonwealth, of unrivalled amplitude and power; in order to be able to point out, with the most graphic precision, the causes of every political good and
discerned.
social evil. 8
7
De
Repub.,
ii,
25.
358
AND WORKS
Here spoke in no uncertain terms a Stoic of the school of Panaetius, the reformer who, ignoring dialectic subtleties, taught a practical system of morals which dealt
Great moral
obligations
as the basis
of political
men, wise
is
and unwise.
The
second book
de-
voted to a searching inquiry into the great moral obligations that constitute the foundation of all political union.
I declare to
union.
have
worth nothing,
and that
that
it
it is a false assertion that political business cannot be conducted without injustice and corruption; and, on the other hand,
establish a
most indisputable
fact that
without the
9
strictest justice,
last long.
From
collection of
we
mere
learn
ments, which, as
tantius,
we
from
St.
fragments.
"Honesty the
best policy."
For a masterly
we
are indebted to
In the third book of Cicero's Commonwealth the question of Philus is appointed Political Justice is most earnestly discussed.
well as he can, the sophistical arguments of those who thought that political government cannot be carried on withHe denies holding any out the aid of injustice and chicanery.
to support, as
De
Repub.,
ii,
44.
TREATISES
show by
359
as useful to a
Then
justice,
all his
long duration.
He
definition that he
sisted in the
that
it
con-
word "people"
bound together
are
in
all
he does not
mean
by the sense of
He
notices
benefits.
definitions
arguments
ever
it
that the
the
common
welfare wherit
is
swayed with
be subif
But
the
and so degenerate
for
and destructives
but in
fact
then
not
corrupted,
annihilated;
a tyrant or a
common
itself
is
welfare
when
faction abuse
it
utility
From
pos-
Fourth book
a dissertation on duties of
citizens.
citizens
in
duties of
treat-
ment of morals and education, and the use and abuse of stage entertainments. And from equally imperfect data
we may conclude
idly
The fifth on
^strates*
more
corrupt,
was devoted
10
360
AND WORKS
of
Roman
the city
when
It is in the sixth
book
to his
countrymen "to
on stepping-stones of their
grave.
dead selves to higher things," by the promise that all patriotic and philanthropic statesmen shall be rewarded
not only on earth by the approval of their
sciences
own
con-
and the applause of all good citizens, but by immortal glory in a heavenly realm beyond the grave:
Now,
in
my
the shade of
my
who have
in
any way
an eternity of happiness.
able to
For nothing on earth is more agreeGod, the Supreme Governor of the universe, than the assemblies and societies of men united together by laws, which
we
call
states.
It
is
from heaven
their
rulers
and preservers
Such
"Scipio's
is
known
a
as "Scipio's
Dream,"
Dream"
fident, the
most
tality
immortality
of the soul.
above the
where
Paul.
"all
is
John and
St.
When
thus:
Thou
best
this, as I
informed by Africanus,
linger on earth,
12
11
life,
am why do I
are?
De
Repub.,
vi, 13.
TREATISES
The
That
reply
is
361
was
all
impossible.
that vast
Canon
against self-murder.
expanse you behold, shall free you from the fetters of the body,
this place.
Mankind have
re-
ceived their being on this very condition, that they should labor
for the preservation of that globe
in the
which
is
is
called earth
your
duty, therefore,
my
who
and body; nor without the express command of him who gave
you a soul should the
least
human life, lest you seem to desert the post God himself. But rather follow the example
here,
due
and
relations,
all to
our country.
the true
Such a
life as this is
way
to heaven,
and
to the
pany of those who, after having lived on earth and escaped from
the body, inhabit the place
And
"How
fixed
long,
on that object?
Why
The
Universe
it
universe
is
composed
itself
14
of nine circles, or
which
is
which
composed of
nine circles.
embraces; being
the
When
what is this sound that strikes my ears in so loud and agreeable a manner?" To which he replied: "It is that which is called
the music of the spheres, being
impulse; and being formed by unequal intervals, but such as are music of the
divided according to justest proportion,
it
.... By
have been
13
the
in
grave sounds, various concerts of harmony. amazing noise of this sound the ears of mankind some degree deafened; and indeed hearing is the
15.
De Repub., vi,
3 62
AND WORKS
15
)
the
human
senses.
in precipitating itseli
oi
from those
hearing.
lofty
And
so inconceivably great
this
sound which
is
pro-
duced by the rapid motion of the whole universe, that the human
ear
is
it
is
able to look
easily
steadfastly and
on the sun,
whose beams
dazzle
to the contemplation
satisfied
The
eternal
with the
seat of
splendor.
your exploits can obtain; but Virtue herself must point out to
Leave to Their
narrow
you
see,
who
is
no more rememberec
as
by posterity
mortal.
For
palpable to
is
That
majestic exposition
"Know,
which
God
for a
God
it
must
be
flourishes,
and
feels,
and
recollects,
and
foresees,
and gov
and moves the body over which it is set, as the Supreme Ruler does the world which is subject to him. For as that Eternal Being moves whatever is mortal in this world, so The immortal the immortal mind of man moves the frail body with which it is mind of man. Do you, therefore, exercise this mind of connected. 18
erns, regulates,
....
"The
And the best pursuits are those which good of your consist in promoting the good of your country. Such employments
yours in the best pursuits.
will speed the flight of your
its flight
country."
mind
to this
its
will be
it
still
more
rapid,
if,
even while
enclosed in
the body,
possible
15
16
much
as
from
From
KaTadovrrew as
)
Down-roars.
De
Repub.,
vi, 20.
TREATISES
which are external
363
I
Thus
saying, he vanished,
and
De
and
finally
reduced to
six;
off
and
it
is
fair to
De
first.
ages disappear,
Atticus,
Quintus,
As
nearly identical,
and the date of composition are both are usually assigned to the middle
The
scene
is
laid at the
As an
introduc-
Do
you
inclined,
since
enough for the present, and since you must now take up a fresh
part of the subject for discussion, to vary our situation?
do, let us pass over to the island
you
Fibrenus
1
which
is
surrounded by the
is
the
name
and
down, while we prosecute the remainder of our discourse. Marcus. I like your proposal, for that is the very* spot which generally select when I want a place for undisturbed meditation,
sit
Atticus.
I
In truth,
now
of
it.
'
much
delicious retreat,
De
Repub.,
Leg.,
vi, 26.
iii, 5.
Ad
De
Quint. Frat.,
i,
''
21
6;
ii,
10;
to
De
Div.,
ii,
1.
22
Everything goes
lished in Cicero's
his death.
show that the work known as the Laws, never publifetime, was put forth by his literary executor, Tiro, after
364
CICERO, A
I find
here makes
marble
at
Who
the artificial canals which our great folks call their Niles and
Euripi, after he had seen these beautiful streams?
Therefore,
Conversation as you just now, in our conversation on justice and law, referred on justice all things to nature, so you seek to preserve her domination even
and law.
in those things
to recreate
mind.
therefore used to
wonder
ideas by
to
form these
your
own
speeches and
verses)
used to wonder,
this place.
I say, that
with
you
spot.
retire
But my wonder, on the contrary, is how, when from Rome, you condescend to rusticate in any other
Marcus.
But when
but
seldom that
however,
have
I
it
in
my power
to
do
why
am
so fond of this
appeal to you.
Atticus.
What
my
reason
is
that?
it
Cradle spot
of
Marcus.
is
Marcus
of myself and
and Quintus.
we
first
saw
the day.
Here
is
our
altar,
still
form
was
originally
constructed,
considerable expense,
under
my
And
and
The
his
villa in
on
this
my
grandfather was
alive,
grand-
while the
little
one, like
father's time.
Sabine
district,
There
is,
my
soul
and sense which causes me, perhaps, to find a more And even the wisest of men,
said to
more
visit his
beloved Ithaca. 23
23
De
Leg.,
ii,
1.
II
TREATISES
The
365
its
relation to the
Atticus.
De
if
But,
Relation
on the Commonwealth,
appears between
De
a natural consequence that you should also write one on the Laws.
Republica
For that
is
what
see
illustrious
favorite
whom
to all others,
Marcus.
Do
he conversed at Crete
and
at times
the
dis-
established
cussed
what were
we
also,
somewhat
25
is
....
For, take
my word
in
how much
no kind of discussion can it How the true has been bestowed foundations
of
upon man by nature, and how great a capacity for the noblest enterprises is implanted in the mind of man, for the sake of cultivating
law and
right
may
be
discovered.
men
when we have
Atticus.
I
is
the
Twelve Tables,
as the
we must
24 "The entire treatise De Legibus with the political statutes cast in the venerable garb of archaic language shows the unvarying admiration with which Cicero contemplated the old constitution. Though the orator had suffered much in his own political career and personal fate from tribuni plebis like Clodius, he insists {Leg., iii, 23 sq.) that the tribunate is a necessary and wholesome part of the political system, being intended to provide the blind efforts of the masses with visible leadership, and thus with responsibility." Sihler, Introd. to Cicero's Second Philippic, xxvii.
25
De
Leg.,
i,
5.
366
AND WORKS
The whole
True nature
of
space of nature.
of moral justice,
moral
law may be confined in some small and narrow For we shall have to explain the true nature which must be traced back from the nature of
all political
justice
man.
And
And
last
of
all,
shall
we
speak of
those laws and customs of nations, which are framed for use and
own
people
title
of civil laws. 26
made by
it
Atticus to "your
favorite
Plato,
all
the
philosopher
is
whom
you
others,"
in
all
important to
on the Laws the author did adopt that philosoin all that relates
to decoration
and
external form, he
whole
nal forms.
Roman
law.
An
tise
Stoics, especially
Sikcuoow^s,
drawn from
Stoic sources.
tO the <f>vmKal
the
irepl
Ka\ov
the
irtpi
and
above
all
the
vrept
vofiov
draw his matesome instances did little more than translate their words. Even in the passages on magistrates the ideas of Plato, Aristotle and Theophrasthat not only did Cicero
show
from
iii,
6). 27
De
Leg.,
i,
5.
vol.
i,
TREATISES
Cardinal
said:
367
Newman
Cardinal
strikingly
illustrated
in
the
Newman's
De
whose reasoning he feels could at once destroy the foundation on which his argument rested. "My treatise throughout," he says,
"aims at the strengthening of states and the welfare of peoples.
I
fully
examined principles;
universally received,
by those philosophers
who
its
its
own
sake,
good, which
not in
own
nature praiseworthy."
These
justice,
mouth
De
the
Republica, he
proceeds:
"As
let
to
the
whole subject
should
mean
it
the
New Academy
its
of Arcesilaus and
Carneades,
us persuade
to hold
peace.
For,
if it
which we consider we have so skilfully put into shape, it will make an extreme havoc of them. The Academy I cannot conciliate, and I dare not ignore." 28
the views
we
First
first
to
book
e
"|
n ^f
of justice at
tained
first,
its
fountain head."
way
it is
ascer-
justice at
tain head."
and consequently
exist.
justice,
union cannot
There
since this
nothing
is
and
the
common
property of
i,
a certain
i,
13.
368
AND WORKS
human
must
natures.
also be
is
common,
common to the same parties; and God and men we call law, God and men must
associated
what
be considered as associated by
law.
there
by law.
thus in
communion of law. And those who have law and right common, must be considered members of the same com-
monwealth.
regency,
entire
this
And
if
one
celestia
mind and omnipotent deity. So that the universe may be looked upon as forming one vast common-
Nature the
fountain of
justice.
....
not
much
my
sufficiently
is
proved to Atticus, or at
all
The
final
deduction
is
that as
God
is
intimately con-
nected with
human
nature through reason and virtue, nature are the joint sources of
is
worship.
Roman
institutions,
siastical laws,
festivals,
embracing the worship of God, the sacred Morabin, in ministrations, and ceremonials.
De Le gibus,
has said:
dis-
covered an infinity of
false ideas
In the second book, which treats of religious worship, he facts, which serve to undeceive us on
the
comment.
ancients.
religion of the
one
true
God,
in
all
his
wonderful theophanies
and
develop-
was
The
religion,
therefore,
of
the ancient
^DeLeg.,1,7.
13.
TREATISES
was only one form
ration
369
excites
our admi-
by showing us
how
frequently
the
grand doctrines of
Thus
in the
was preserved
entire,
even
sacrifices, festivals,
and
religious
ridiculous, or profane.
It
is
said that
from Cicero's
brilliant
panegyric on divine
Source of
law and universal justice, Hooker drew the famous exordium to his Ecclesiastical Polity, specially notable for the
declaration:
famous
exordium,
Of Law no
in
less
can be
said,
is
the
bosom
her
harmony
All things
least as feeling
care,
as not
Both
what
all
admiring her
as the
mother of
is
their
common
The
laws,
third
book
Third book
magistrates by
whom
they
maxims and
txw^^on
of civil laws,
and enforcers of the laws. When we consider the manner in which the time is employed and the days distributed by the interlocutors, it
functions
as
interpreters
is
in
six
The
;
book of
the
Laws
is
quoted by Macrobius,
lost.
is
31
When
31
1
due weight
title
The title De Legibus rests on the authority of nearly all the MSS. The De Jure Civili et Legibus, which occurs in one only, grew, no doubt,
Cf.
iii,
out of the desire to include the supposed contents of the later books.
De
Leg.,
Gell.,
i,
22.
370
AND WORKS
Officiis, it
De Officiis,
the conclusion of an
De
must
appeal
first
made
in
De
be regarded as the conclusion of an appeal for the regeneration of the Roman Republic first made in the De
Republica.
Republica and
its
supplement,
De Le gibus.
Eight years
had passed by
and
named;
March was
had written
it,
when,
....
finished
amid the November winds and snow, he worked anxiously an ideal republic on paper. He had now
the first
of his treatise
entitled,
It
two books and was proceeding with the third upon duty, which, after some hesitation, he had
this
De
Officiis
during the autumn of 44 B.C., under the stress of the reaction caused by the bitterness of the Civil War, by the moving tragedy
of the ides of
the reader
disaster;
who
know
many
and
social life of
Rome.
Like
deep thinkers in
Rome
War,
pitiable contradiction
and
political de-
made her
still
more
insatiable,
her
lost
generation.
men
her military capacity, extended her power over other peoples, and
An
effort to
away her own freedom. He therefore proposed to make one more search, as his predecessors had done, for the hidden means of conciliating imperialism with liberty, progress with prosbartered
perity,
conciliate
discipline,
and
intellectual culture
with morality;
De
occasion from the moral and social rather than from the political
point of view. 32
32 Ferrero,
iii,
pp. 108-109.
TREATISES
The
371
all its
phenomena was
studied as a whole.
Not
men were
broken up into minor problems was the line drawn between those sciences which deal with external nature,
including theology
we follow
the Greeks,
we must regard
with
ethics as
man
men
as
member
of society,
but as a
a
particular way,
its
members.
The
Aristotle
is
man
is
born to be a
citizen
rfnotitieS
science.
<f>v(Tt
ttoXltikov wov.
He
less
or more than
(<i7roA)
man
(y
drjplov
rj
0eo's).
The
cityless
man
the natural
less
man
must be more or
monster.
necessity to
is
a prime
vidual; the
state
of civilization.
on from
He
poli-
made
tics.
from
from
34
And
politics.
33 Cf. Holland, Jurisprudence, p. 17, 10th ed. 34 Cf. the author's Science of Jurisprudence, p. 4.
372
AND WORKS
ethics,
question,
acting rather as
power
said:
in
Roman
politics.
Morabin was
right
when he
interests
of
the
Roman
branches of
Zeno caught
the practical
spirit of the
age.
common
in
and
tius,
patriotic citizens.
It
would tend to make earnest was the Stoic reformer Panaehas been heretofore
dej
whose coming
to
Rome
scribed,
living
Panaetius
the founder of Roman
Stoicism.
who gave
may
is
Panaetius
Stoicism,
Roma .
and
Dc
Officiis.
He
which will
In
his:
man
is
withdrawn
to the back-
ground
he
is
,
(6 TvpoKOTTTtav)
wisdom.
who
(KadrjKovra,
in
officio),
thed
daily
duties
which come
the
way
of
the
good
Arnold,
Roman
Stoicism, pp.
101-102.
a!
habet hanc, ut opinor, sententiam, cum virtute congruere semper, cetera autem, quae secundum naturam essent, ita legere, si eaw virtuti non repugnarent." De Off., in, 3.
Stoicis dicitur, id
TREATISES
373
De
Officiis
was
manual of
political
Stoic ethics
practical
morality,
volved
life.
He
through him to
rank.
In that
infusing a
He
when,
in "Scipio's
rest
and glory
in a life to
"And
in
proper abode."
in the
There
sition
is
compo-
of the
Trepi
De
Officiis,
took the
it is
Ka^/covTos
through Cicero that we know clearly what the docPanaetius really were.
trines of
He
borrowed
also
from
tary of Beier
We
to us a
have
little
but also of the criticisms which their opponents passed upon them,
work
its
Hecatonis librorum frag., coll. H. N. Fowler, 1855; Disputatio de P. Rhodio. F. van Lynden, Leyden, 1802.
374
AND WORKS
from Greek
lished a
new
An
interest-
We have an
Atticus
ing sidelight.
from
November
The De
in
5,
44
B.C.,
in
which
Cicero says
Now
three.
tius goes
Officiis
as far as
Panae
have completed
But
at
two books. His treatise is in the beginning he had defined the cases in which
when we
deliberate
it
i
whether a thing
is
right or
when
there seems to be
we
was
are to decide
on what principl
i
as,
Athenodorus
Calvus.
first two in brilon the third he promised an essay in due course, bu never wrote it. That topic was taken up by Posidonius. I, however, both sent for the latter's book, and also wrote to Athe
me an
analysis of
if
it.
am now
waitinj
and
should be obliged
it
to send
as soon as possible.
As
have no doubt about officium representing KaOrjKov but the fuller titlq
De
Officiis.
Finally,
address
it
to
my
son.
It
seemed to
ml
38 to be not inappropriate.
First
book
a threefold
division of
the subject.
After a preface of a personal character directed 1 Marcus the younger, the first book opens with this three
fold division of the subject:
In the opinion, therefore, of Panaetius, there is a threefold for determining our resolution; for men doubt
falls
consideration
They
Arnold,
Roman
Stoicism, p. 108.
Ad AtU,
xvi,
n.
TREATISES
375
to the improve-
ment of
their estate
interest
and power, by
all
which
The
third kind
of doubtful deliberation
clash with
is,
when an apparent
utility
seems to
itself,
utility hurries
us to
it
and
virtue,
to call us back,
happens
that the
mind
is
In
this
(although an
two
two
we
but, of
the
in like
more
profitable?
Thus
upon
it is
the admonition
is
given that
when we are
called
perform any action we must ask, first, whether good in itself (hone stum) absolutely and abstractly
to
,
is
an action
%
it
is
good
is
(utile),
;
wood tum) or
f^
ggm
rel-
there
must be examined
of the highest.
With
four
The power of
us,
discerning the
truth (sapientia);
2.
The
and benevolence
inviolate
to all (et)
around
and
to
keep contracts
Greatness and
to
(justicia
beneficentia); 3.
4.
strength of
mind (fortitudo);
proper way
(
The power
do and
and
in the
tion has
3.
376
AND WORKS
we
contributes to the
state
good of
good of the
losophy.
Second book devoted to
the utile.
utile,
now
and
will
distinction.
this inquiry, as I
treat of
I shall
what
useful,
and what
is
not
so.
Of
several utilities,
so. 40
At
Now,
Tyrian, a Stoic
property
who
lately
which
two
matters
His
But
last
the
thus,
that
glory
should be preferred to wealth, a city income to a country one. Of which kind of comparison is that reply of Cato the elder, of
whom, when
inquiry
management of one's property, he answered, "Good grazing." "What was next?" "Tolerable grazing." "What third?" "Bad
grazing."
"What
him
fourth?"
inquired,
"Tilling."
And when
he
who had
42
interrogated
Third book,
no real conflict between honestum
usury ?"
Then Cato
answered,
After declaring
40
in the third
that Panaetius
and
utile.
had
i.
41 Ibid.,
ii,
25.
TREATISES
I,
2>77
making some
the author calls attention to the fact that his Stoic master
had neglected
to discuss a third
"When
in
seemed
useful,
how
this
ought to be determined."
He
utile,
because,
when an
view,
it
action
will
Among the
difficult
is
observation:
But out of all this laudable conduct of Regulus, this alone is Case of worthy of admiration, that he was of opinion that the prisoners Regulus. ought to be retained. For that he returned seems wonderful to
us now, though at that time he could not do otherwise.
fore, that
There-
was not
times. 43
Who
De
fail to
Republica, the
see in
it,
De Le gibus and the De Officiis, and when taken as a connected whole, a most
effort
regenerating
influence,
deliberate
to
and persistent
ethics as
employ Stoic
an applied moral
best
Roman
social
and
political life?
iii,
31.
CHAPTER
In the forefront of
tive
XIII
TREATISES ON PHILOSOPHY
AND THEOLOGY
The
Academica, two editions,
philosophy stands his treatise on the Theory of Human Understanding, whose proper title is the Acade~
.
...
in
tt
in circulation.
chapters of the
edition,
book of
which
we have
book of
the
first
edition
intro-
in forty-nine chapters, to
prefixed the
new
Second
dedicated to Varro.
dedicated to Varro, to
12,
1
whom
45
composition as
tastes
could not refrain from making manifest by such literary I was capable of producing the union of our
and
affections.
being there
also.
ochus, which I have taken those of Philo for myself. I imagine that when you read it you will be surprised at our holding a conversation, which
have assigned to you the doctrines of Antithought I understood to have your approval; I
I
we
1
but you
know
the usual
method of
dialogues.
first
[the 32. In that letter he says: "'Catulus' and 'Lucullus' and second books of the Academica] I think you have already. To are these books a new preface has been added, in which both of them spoken of with commendation. I wish you to have these compositions, and you there are some others. You did not quite understand what I said to i wrote in shorthand." because suppose, I legates, the ten about
Ad Att, xiii,
Ad Fam., ix,
6.
378
TREATISES
In that
379
way
Superiority
Academy, as represented by Philo, Academy over those of the Old Academy, as represented by Anti- to Old. ochus of Ascalon. The ultimate object in view was the
discovery of the best method of ascertaining the truth
New
senses,
to ask of
it
whether
it
is
content
it
with
its
desires
something better,
and
skill are
charmed by a
there
who can fail to see what great power there is in the senses? How many things do painters see in shadows and in projections which we do not see? How many beauties which escape us in music are perceived by those who are practiced in that kind of accomplishment?
Men
it.
who,
That
is
a suspicion of
It
method of doing
But
pray,
why
in the
in such a fright at
my
Academica
copied on
let
and
sent to
at risk
-
ing can be
more
After
approval,
in, as I
do not Varro
not
and
am
of Attlcus
sorry that
my
Acad.,
ii,
7.
3 8o
CICERO, A
but
if
it
shall be
let
done
an
its
your
risk.
Wherefore,
is
us change
an adherent of Antiochus.
What
tell
Academy
way,
letter to
itself,
its
instability,
now
this
now
that!
But, please
me,
if
my
Varro?
May
be hanged
Con-
even to
Tiro,
who
usually takes
down whole
tharus.
6
known
as
Hortensius, or
De
who
Augustine,
its
worth
Plato's
in his
Confessions (3,4, 7)
Timaeus.
the Academica, as
we
learn
from the
introduction,
was
fragment of which has survived. Closely connected with the Academica, both as to time
and
De Finibus
Bonorum el Malorum.
subject,
is
known
as
De
Finibus
Bonorum
et
Malorum,
in
which the
so far as
and Epicurean, are discussed and compared they involve the great object or end (finis) to
which
all
directed
of our thoughts, desires, and actions should be the Supreme Good considered as the essence
in
June, 45 B.C.,
expensive kind either Macrocolla, tiaKp6Ko\\a, was a specially large and reference to it, see Ad Att., xvi, 3second a For parchment. or paper of
4
breadth. Pliny (N. H., xiii, 80) says it was a cubit in The Academica was too difficult for that In shorthand, of course. "syllable by syllable. process. It had to be taken down in longhand,
*
7
Ad
Dissert,
TREATISES
What
where
I
381
In the
r
have
written
is
is
in
the
manner
books of
of
Aristotle,
the conversation
I
so
managed
" anner
principal part.
five
De
Finibus
Bonorum
to
et
Malorum
Piso.
Marcus
For
would
preclude
I
all jealousy.
you know,
It is quite
Dedicated
to
De
August when he
attempt
ter
is
Tusculanum. 9
No
made
throughout the
supposed to have taken place between the same parties, The first book, at the same times, or at the same places.
an apology for the study of philosophy,
attack
is
First
book an
f
devoted to an t \e
P
s
3yo
upon drew from Torquatus an extended statement of the sentiments really entertained by Epicurus and the most notable
of his followers respecting
said there
rjhovq,
philosophy,
in
reference to which he
t.
"
same
Third, a
time the chief arguments with which the Stoics assail the
whole system.
library of the
is
laid in the
young Lucullus in his villa at Tusculum had met accidentally Cato (of Utica). where Cicero Passing from the consideration of the scrolls by which they were surrounded, they proceed to discuss the difference between the ethics of the Stoics and those of the Old 8 Ad Att., xiii, 19. Ibid., xiii, 44.
.
on^ics."
382
AND WORKS
Academy and
differences
were purely verbal and not real, and that Zeno did wrong in abandoning Plato and Aristotle in order to
up a new school.
In reply Cato asserted that the differences were not verbal, but real, and that the tenets
set
Good
presented purer
and higher
ideals than
As
The good
The
merely be contemplated
actively sought.
in
must be
splendor and the absolute glory of the Stoic Good, as the gleam
of the lantern compares with the sun, or a drop of honey dis-
solved
in
the
Aegean
Sea.
10
All forms of
It
was
in
prompts Cato,
Expresses
himself as
to suicide.
who had
own hand,
to
The
was
from
it,
is
to
be measured by
all those
is
men
who
life,
are retained in
life
of virtue.
But
is
it is
who man to
are destitute
depart from
to do so
when he
thoroughly happy,
is
in his
power
living in a
manner
maxim
is
that
is
living
happily
depends upon
that
if
it
opportunity.
Therefore a rule
a wise
laid
down by wisdom,
be necessary
man
is
n De
Fin.,
iii,
18.
TREATISES
383
Fourth, CiceS eP Jo r th e isfew
losophers of the
a
New Academy
two
it
in
such Academy,
way
as to confine his
points.
tain
He
makes
Then
after
stating the
more notable of
even
if
granted,
do you no good".
fifth
it
In the
to the
Academy
at
Fifth,
61
Athens as
ing his
when, dur- ^Athens 79-78 eastern tour, he was there under Antiochus and 79~7 8BC
B.C.,
-
appeared to Cicero
"7
Demetrius.
cius, Atticus,
He
and
Lu-
to
meet
in the
AcadAristotle,
emy where
to the
the last
compan-
Summum Bonum.
own
as to
joined, saying:
Do
good
virtue
has
that
12
may
Piso's re-
is,
of all wise
men, and of
joinder for
more good
means.
pleasure
things
The Stoics may say so. By no But do not those very men who measure everything by and pain, say loudly that the wise man has always more
says this?
likes
Who
which he
than dislikes ?
After
sitions
we have weighed
and perspicuous
Fin., v, 31.
style,
remem-
De
384
AND WORKS
of the points
in-
how
many
hard
who
most
perhaps the
perfect, the
at the
most
tations.
From
Tusculan uputahons.
the
De
Academica and
De
Finibus
'
March, 44 B.C. On May 18, of that year, in replying to Atticus' commendation of the first book, the author says: "I am rejoiced that you find the first book of my Tusculan
Disputations arms you against the fear of death; there
in fact,
is,
;.
13
Close as Cicero
country, he
now was
was
mind and
;
aman
1
man
die, shall
he
live
again?"
j
fab ?"
^e
nac* recent ty grappled in earnest with that question, when, after the death of his beloved Tullia in midwinter
of the year 45
B.C.,
he
fled to
he had "his dark hour unseen" in "a dense and wild wood," in which for a time he lived apart and alone. The
The
Consolatio.
outcome of
Lucfu
been
\
his meditations
14
m nuen fo
which have Grief), a few inconsiderable fragments of preserved, chiefly by Lactantius, in which we find a
in a
touching reecho
new form of
AdAtt.,*x,z.
TREATISES
tions
385
to
expression
As
of as
Cicero's last
many
Tusculan
which he thus
Divinatione
Five great
surj J ects -
De
In
five
In the
first,
treat
and sorrow;
J
in the
sorrow; in the
in the fifth,
mind; and
the
all-sufficiency
of
virtue,
bliss
In advocating, in the
the contention
is
first
that
it
cannot be considered an
death,
be mortal or immortal.
drawn in the main from the and from the Phaedo, or the Phaedrus of Plato.
As
this is
my
it
in these
very few
Stoic
and
i
words, in
my
book on Consolation.
The
^ aton c
man
is not to be upon earth for there is nothing in the soul of a mixed or concrete nature, or that has any appearance of being
[formed or
fiery.
made out
of the earth
airy,
or
For what is there in natures of that kind which has the power of memory, understanding, or thought? which can recol15
De Div.,
ii, 1.
3 86
AND WORKS
we
For
Nature
of the soul.
man
God.
to
us.
There
soul, distinct
is, therefore, a peculiar nature and power in the from those natures which are known and familiar
is
which
thinks,
heavenly
must be
and
can
divine,
eternal.
God
himself,
who
is
known
and unembarrassed,
from
all
mental
concretion,
acquainted
itself
giving
motion to
everything and
Second book, on the bearing of pain.
it is
the great-
of
all evils,
Aristo,
is combated after the manner of Zeno, and Pyrrho, who claimed that it was not an
evil at all:
Even as in a battle, the dastardly and timorous soldier throws away his shield on the first appearance of an enemy, and rung!
as fast as he can,
though he has never received even one wound, when he whoistands his ground has nothing of the sort happen to him
;
so,
they
who
often
come
off
affliction and dismay, but they more than a match for it. 17
Third book,
on the mitigation of sorrow.
all
weighed
in the
But how
them
all
various,
I
What:
even
Tusc. Disp.,
27.
17 Ibid.,
ii,
28.
TREATISES
time
it
387
may
take up.
the
For envy
ness,
and despair.
all
The
and
those
words which
and do not
place.
first,
same
ideas,
another
which, as I said at
in
Fourth, wise
f r0 mper-
man
is
absolutely exempt
turbations.
from
irdOos)
commotion
It
losophy:
We
else,
must
either
we
we would
The
fifth
Fifth, virtue
virtue alone
I
sufficient to insure a
happy
its
life,
answers
it
to
nsure a
life.
in the affirmative,
thus accepting in
happy
and
good
defended: the
first
Tusc. Disp.,
iii,
34.
388
AND WORKS
pain," as
of
Hieronymus
or
asserts:
all,
the principal,
nature,"
as
mixed propositions.
Now
let
the Stoics,
what weight these men have in them, excepting whose opinion I think I have sufficiently defended
us see
is
For even
as trading
said to be lucrative,
tageous, not because the one never meets with any loss, nor the
other with any damage from the inclemency of the weather, but
because they succeed in general, so
life
may
properly be called
its
being entirely
made up
to a great
By
this
even to
may
attend virtue
When
independent of the
it
rest, is
is
Everyman
cancreate and preserve
his
he
power
to create
and
own
preserve his
that g
happiness.
mean
ylve according to nature, they did not that he must obey his own particular nature; they
life
happiness.
conformable to the
which morality was closely united truly wise man was supposed to with philosophy. possess all knowledge; in that way he was perfect and
The
sufficient in himself,
despising
all
that subjected to
its
power
but
Such a
man might
feel pain,
Tusc.Disp.,v, 30-31-
TREATISES
upon the
389
six favorite
and of
The
fourth
was composed
before the death of Clodius (52 B.C.) the sixth that it was composed prior to the death of Crassus (53 B.C.).
The
posed early
the living.
46 B.C., as Cato is spoken of as still among There is also a statement that the De Claris
This parvum opusis
author
in
his address to
Marcus
Brutus:
I
have,
for
amusement,
digested
into
topics
in their retirement
lts
aut or
their schools.
and contrary
first,
that the
moral good
is
the only
The moral
theonlygood.
Can any bad man enjoy a good thing? Or is it possible for man not to be good, when he lives in the very abundance of
good things?
The
is
man who
life, is
is
virtuous
The
virtuous
destitute of
no requisite of a happy
followed by
destitute of
nothing.
.... we
of
my
opinion,
was
in
man
lot.
which asserts that good and evil admit of G ? d and no degrees, that all misdeeds are in themselves equal and no degrees.
The
third,
390
AND WORKS
followed by the
good
statement that
is
....
some
none.
Every
a
fool
j
madman.
g f
The fourth, which asserts that every oUowed by this flmg at ClodiuS
!
fool
is
madman,
You
in the
armed
ruffians;
on
fire
If
citizen, in citizen,
Can when
And do you
Thou most
mankind thought on
my
departure
designation,
herself
was gone
into exile?
frantic of all
madmen,
Every
fool
wise
The fifth, which asserts that every fool man alone is free, is followed by the
who
cannot
is
a slave, the
statement that
....
first
command
his
own
passions.
him
anger, let
stains
on
his character,
command
others.
The
ig
sixth,
man
alone
is rich,
man
is rich.
that
of life; not to be greedy
is
....
amount
of wealth
is
and mode
is is
revenue.
Above
all things, to be
we
possess
the greatest
If therefore they
who
because such
valuable
is
TREATISES
virtue,
39*
from
us,
which cannot be
by
fire
or by shipwreck.
all
The most
guage,
its
charming, perhaps, of
Cicero's essays on
its
purity of lanis
vividness of illustration,
its
majesty of tone,
his dissertation
De
Senectute), DeSenectute.
framed
44
B.C.
We
on
first
it
in
a letter written
commencement of from
in
Puteoli,
May
1 1
which the
dedicated to you.
must read over again and again my Cato Major, which is For old age is spoiling my temper. Every-
thing puts
me
20
in a rage.
But for me
it.
life is
over.
The
rising
Take
care of
my
affairs
as
you
There
is
a touch of pathetic
in
humor
in the
contrast
Pathetic
^Lnf,^
and the theories as to the happy conditions attending old and theory,
age which the essay in question describes.
It
appears
from the brief introductory dialogue that Scipio Aemilianus and Laelius paid a visit during the consulship of
Flamininus and Balbus (150 B.C.), to Cato the censor,
then eighty-four years old, a rigid Stoic
The
upon
be
may most
in
easily
which he under-
Ad AtU, xiv,
21.
392
Cato's
AND WORKS
generally consid-
attempt to
argue away
the miseries
is
ered a burden;
a
because
it is
supposed to incapacitate
of old age.
man
it
comes
like
approach of death.
flanked by the only
The
first
maneuver
favored individuals
who were
abl(
to
make
Maximum
Cato] was as fond of Quintus Maximus, who recovered Tarentum when an old one, as if he had been He both carried on campaigns like a of my own age
I,
as a
young man
[says
young man when he was quite old, and by his temper cooled We Hannibal when impetuous from the fire of youth its age, and must make a stand, Scipio and Laelius, against old
must be atoned for by activity; we must fight, as it were, Regard must against disease and in like manner against old age. be paid to health moderate exercises must be adopted so much
faults
;
;
of
be
It
old age
Noble
dis-
whose
Stoic conceptions
sertation on
immortality.
change of
thus be condensed:
Pythagoras forbids us to abandon the station or post of life .without the orders of our commander, that is of God. There
21
De
Senect., iv,
n.
TREATISES
is
393
lamentation of friends.
dear to his friends.
say with
He
I
But
know
more
propriety,
nor celebrate
immortality.
tell
my
He
to
conceives that
be followed by
Indeed
I
do not
see
why
you what
because
fancy
I see it so
much
more
clearly in proportion as I
am
less distant
lamented.
from
I
it.
who
were
all
ophers,
he
all
last
day of his
life
con-
men.
I
is
my
their
future
that
past,
and
so
many
many
discoveries
fail
to
the nature
qualities
cannot
it
moves
itself,
it
that
it
never
in itself
undergo
dissolution.
maintain that
possible,
it
and
if
this
be not
cannot perish.
not seem to you that the soul which sees more and
it
Does
it
is
whose vision
is
when
22
men were represented by the Pythagoreans as light paruniversal soul diffused through the whole world (Cic, De Nat. Deor., i, n). While the souls of men proceeded from the sun, which was a mere reflex of the central fire, the souls of the gods proceeded directly from
ticles of the
The
394
AND WORKS
For
I shall
and quit
this terrible
go
men
my
whom I have spoken before, but whom never was better man born,
;
was
fitting that
But
saw
that I
I
seemed patiently
to endure.
Not
that I bore
it
with indifference,
For
these
Scipio
(since
accustomed to wonder at
And
if I
am
in error
man
nor have
immortal,
which
take delight.
But
feel
if,
some small
philoso-
nothing,
my
No
law with
its
That
we
my
delightful, that
all
the annoyance of
old age, but has rendered old age even easy and delightful.
The
Laelius,
Old Age
is
the treatise on
is
Friendship (Laelius,
&
;
De
Amicitia), in which
embodied
DeAmicitia.
conversat on supposed to have taken place between and Q. Laelius and his two sons-in-law, C. Fannius
28
De
TREATISES
395
Mucius Scaevola, not long after the mysterious assassination of Scipio Amaelianus (129 B.C.), and repeated
in after
It
should be remem-
was
this Scipio
who was the friend of Panaetius, the real founder of Roman Stoicism about the year 140 B.C.; that another member of that first group of Roman Stoics was Laelius,
the intimate friend of Scipio and Panaetius; that his sonin-law Scaevola,
Stoic
known
as "the augur,"
was an eminent
his
and the
first
who
was
also of the
same
sect.
24
"A
family
succession
recognize the beginning of the deservedly famous 'Stoic marriages.' " 24a It Famous
not without significance that Cicero took the dramatis
"Stoic
we may perhaps
is
marriages.
personae of the
De Amicitia from
this
famous
all
Stoic
group
to
the
Romans
in the
De
Senectute.
To
reproduce
his
own words
But
as in the
address to Atticus:
subject of old
age,
man man
conversing,
because
there
life
who had
been an old
prosperous; so
when
me
a suit-
'
Scaevola
remembered
to
24 Brut., 26. See also Orat., i, 11. 24a Arnold, Roman Stoicism, p. 383. 25 De Amicit., 1.
De
396
AND WORKS
was that
form, the form he had done so much to fashion, had taken such complete possession of
Cicero's
all
Roman
mind and
overshadow
As
spokesman of the
as they
(as far as
life.
men
nature, which
is
seem
Friendship a complete union of feeling on
all subjects.
to
we
tie
are so
For I formed by
;
among
all
stronger,
Now
feeling
life
friendship
nothing
else
all subjects,
divine and
and attach-
ment
as
whom
can
be worth living,
Ennius
who
of some friend?
to
What
whom
subjects as to yourself?
it
.
j
Besides, he
who
;
were, upon a
present
though
in the
assert,
still
more
difficult to
nothing
is
false,
to
sincere
and spontaneous.
Where-
me
from nature
calculation
mind with
from a
how much
Has
its
advantage
would
afford
ori-
origin
gin in nature.
rom nature rather than from once more impressive and more
f
For
if
it
were expediency
j
dissolve
friend-
Wherefore
let
us consider
in friendship
first,
if
you
It
is
please,
how
far love
fault,
ought to proceed
no excuse for a
TREATISES
that you
397
committed
another's excellence
was
that
which conciliated
friendship,
it
is
apostasized from
in friendship,
Let
this
that
we
grant them
when
we must
is
adopt
these limitations,
when
correct
When
there
n a ll things,
oldest
which bear age well) ought to be the true which is sometimes said, "many bushels
be
fulfilled.
and moral philosophy the transition is easy to the philosophy of religion, embodied in the treatise on the Nature of the Gods (De Natura Deorum), DeNatura
speculative
From
Tusculan Disputations x
Divinatione,
all
D'orum.tiie philosophy
of religion,
De
three
B.C.
works appearing
in the
44
When we
ume of
collected
by de-
grees
at the beginning
books which
have occasioned
why
have
and others knowing what my opinion is on such subjects. I likewise perceive that many people wonder at my following that philosophy [the Academic] chiefly which seems to take away the
applied myself so suddenly to the study of philosophy,
25
*De
Amicit.,
398
AND WORKS
artificial night,
and
to
I
in a
kind of
and that
a school [the Stoic] that has been so long neglected and forgotten.
But
it
is
sudden on
my
part.
have applied
my
But
life,
if
to write
I
on these
subjects, nothing
is
more
from
Cicero
I
man
[Caesar],
thought
it
my
countrymen
and much
to
The
sition
earliest indication
cation o
work is to be found in a letter to of this particular r preparation for the work. Atticus written in July or August of the year 45 B.C., in which the author says: "Please send me the books of
which
I
27
On Gods."
jj
and
and
fair hearing in
in
order to
favor of the
tact
and subtlety
really defending.
way
reproduced which
supposed
in Cicero's
76
26
27
Epicurean philosopher who came to Rome in 88 B.C., where he Ad Fam., xiii, i; De Fin., i, 16. excited Cicero's interest. 28 Ad AtL, xiii, 39.
De An
Nat. Deor.,
3, 4.
TREATISES
399
Cotta, who, playing well the part of a New Academician, Cotta speaks or ew vigorously assailed the doctrines of others without ad- A & * Academy, vancing any positive views of his own, while the tenets Balbus
power by Balbus, the pupil of Panaetius, and those of the Epicureans by Velleius, who took more pains to ridicule
Velleiusfor Epicureans,
the
And
so
a discourse
doctrines running
thenes, Aristotle,
Do
A fling at
Pl ato a d
God
of Plato's
Stoics,
Timaeus;
which the
the
prodigies
inquisitive
philosophers,
but of
For with what eyes of the mind was your Plato able to see that workhouse of such stupendous toil, in which he makes the world to be modelled and built by God? What materials, what tools, what bars, what machines, what servants, were employed in so vast a work? How could the air, fire, water, and earth pay obedience and submit to the will of the architect? 29
dreamers!
upon
a firm
and reasonable
his
basis,
cotta's
res P nse -
and overthrew
the
their
nothing could be
form and
qualities assigned
29
them; and
i,
De
Nat. Dear.,
8.
4QO
AND WORKS
more grotesque
in the
way
is
at lib-
of the half-jesting
propound the essence of the Stoic creed as to the nature of the universe and the Deity as its central and directing
force.
Our
sect
[he said]
thirdly,
lastly,
that
they
human
affairs.
30
God
The God is
essence of
it
all
was embodied
is
God, who
is
the
is
God.
law of which he
a law
is
known
The
inevitable
corollary
was that
from
God
or Deity.
But
To employ
the
words of Balbus:
that he
all
first
is
of
an animated being;
nothing in
what can be done more consistent with preconception than to attribute a mind and divinity
do not
see
and
to the world,
world has
life,
sense,
reason, and
understanding and
is
conse-
quently a Deity. 32
30
De
Nat. Deor., H,
I.
31 Cf.
and
Skeptics, pp.
143,
149; Arnold,
TREATISES
Having
401
God
the
as the sole
were compelled to degrade in some way swarm of little gods who were still spoken of as such. That result was easily accomplished by simply treating
Stoic logicians
forces in nature,
or as personifications of certain
moral or
intellectual qualities in
man.
In stating that
There
is
number
a
of Deities,
human form
they
gods
who have
all sorts
of superstition
By Saturn
mean
which
Our Augurs
lightening
also
mean
heaven"
they
say
the
"thundering
and
lightening
Jove."
33
when he
says:
of
The Stoics, while utterly abandoning the anthropomorphism Homer and Hesiod and popular religion, still in a certain way
They
did
this,
Olympus.
however, in a kind of
scientific
way,
Here they surpassed them- The little selves in etymological speculation. There is one God but there gods as P h y s_ are also many concrete forces of nature, which mankind has found to be beneficent. In this spirit Zeno interpreted Hesiod's Theogony. Kronos is Time, in Latin, because "filled with
.
years." 34
In arguing for design in the creation of the world as opposed to the Epicurean assumption of a fortuitous
De
Nat. Deor.,
ii,
24, 25.
34 Sihler, p. 388.
402
Design
as against fortuitous
AND WORKS
in his senses
and
this
concourse
of atoms.
been
Or what
to bring
be
The
sion,
pontifex maximus, Cotta, the host on this occaBalbus, embodied in the third
all
in his rejoinder to
that he
had
said;
which
are
lost.
as
were calculated
is lost,
to
produce conviction.
also the criticism
That part of
upon the evidence for the visible appearance of the gods on earth. The most notable part of the criticism perhaps is that embodied in the suggestion that, according to Stoic interpretation of the universe, Olympus is
robbed of
36
all
divinity,
divine because
evil.
men
often use
De Divinatione, a treatise
As
a sequel to the
De Natura Deorum we
art,
have the
\
treatise
on the mantic
or divination
(De Divina-
book of which was completed before, and the second after the ides of March:
Now
and
I
I
did
so
lately
my
villa
at
Tusculum.
Nat. Deor., II, 44. In the dexterous and subtle logic of Cotta, we may unquestionably trace the master-spirit of Carneades as represented in the writings of his Cf. Smith's Dictionary of Greek disciple Cleitomachus (Kiihner, p. 98).
De
vol.
i,
p. 739.
TREATISES
come
into the
403
Lyceum
(for that
is
the
name
of the upper
we had Gym-
little
on the Nature of the Gods; in which, although the arguments of Cotta have not wholly changed my previous opinions, they have
undoubtedly a good deal shaken them."
37
In what follows
we have
first
time in
a dialogue of
trines of the
Marcus
since 52 B.C.,
the
first
tenets, ultimately
self,
38
by
God
men,
is
We
are
.... The
this
Stoic proof
way:
of the reality
events to men, they either do not love men, or they are ignorant
of the future; or else they conceive that
of divination.
can be of no service to
men
lastly,
does not
what
But
if
must be hereafter; or
tell
we must
how
to
forewarn us of them
understanding them, or
else
must have given us the means they would give their information
no purpose.
exist
Div.,
Div.,
;
And
if
must needs"
37 88
39
De
De
5.
Von Arnim,
i,
Sto.
Fragm., Pref.,
p.
xxx,
and
vol.
ii.
p. 242.
38.
404
AND WORKS
profound conviction of the reality of the existence of manticism was deeply embedded in the traditions and
feelings of
Roman
life,
public
and private.
When
in
the
Pompey,
in the teeth
the
same
to the inevitable
After enumerating,
many
says:
I
am
girding myself up to
am
language.
Arguments
163
*'
He
against-
who
conJ
manticism.
warnings
it
pretends to convey,
if real,
In enforcing that
view he says:
References
to Crassus.
Do
it
to
Marcus
his son
Crassus,
when he was
slain,
gifts of fortune, to
Publius
and
lose his
Pompey.
that
thrice
Pompey would have experienced much satisfaction made consul, and having attained the summit of
if
glory by
Egypt
happen which we
What
Would
it
whom
TREATISES
so
405
many
of his
own
citizens,
some
of
whom
were indebted
to
him
aye, slain
he have foreseen
passed his
life ?
40
all
would venture to approach him? Could this, in what wretchedness would he have
dreams, as well as
Let us
all
other kinds.
For
all
An
PP ressive
superstition,
itself
through
almost
as I
I
all nations,
intellectual ener.
gies of
cilities:
men, and has betrayed them into endless imbeargued in my treatise on the Nature of the Gods,
in
this
and
as
dialogue on
Divination.
For
thought that
and
to
my
countrymen
could entirely
we have
De Natura
This muticareless
Deorum and
lated
continued
in the
De Divinatione.
whose
is
and confused
survival,
style
is
and
unfinished, represents
critical
what
sects
dogmas
claimed
of predestination and
who
is
the divine
Fate the
e
'
* impulses are drawn, the Academics claiming, on the other d ;^' hand, that the movements of the mind are voluntary, or essence.
De
Div.,
ii,
9.
but another
name
Arnold,
p. 202.
406
"Thereason oft e universe.
AND WORKS
is
accordance
with which they are taking place, and further events will
The
it
first
is
the
Academic
position. 44
The
dialogue
Cicero's
May
who was
43
B.C.
to begin his
Rome on January
While Cicero
dependent.
is
essentially
conditional,
going
one condi-
To
use his
own words:
fate,
Those, therefore,
sity
who
thus introduce
with
it,
In
fact,
nothing
is
But those who admit antecedent them principal, have no such error to more natural, according to these philosowhich the sentiments are produced by
manner
in
pre-existent causes
these contending disputants,
both
their
systems,
arrive at the
same
and only
differ
in
terms.
And
effects
cases,
since the
sides,
we may
In other
when
we
effects
from happening.
preexist,
we
is
have
the
own
power.
Such
404.
first
way
three centuries, as
TREATISES
things
407
some imagine that those whose causes so precede as to deprive us of the power of moulding the effect, are submitted to the empire of fate, but that those which depend on ourselves are free from it. 46
distinction recognized by both sides; but
46
De
1848, vol. iii, p. 85) says: "In this summer Cicero developed the greatest intellectual activity. He began the books De Officiis, he wrote De Divinatione,
De
of
Fato, Topica,
De
number
of letters,
many
know
of no
so intensively
active as
was Cicero at this time: an ordinary being would be stupefied amid such circumstances, and think of the present only with consternation.
Cicero
to be
knew everything
overwhelmed by what he could not prevent, and he turned all his thoughts towards the domain of thought. That in this occupation he found distraction from his grief demonstrates the greatness of his soul."
CHAPTER XIV
CORRESPONDENCE AND MISCELLANEOUS WORKS
No
matter with
how much
zest Cicero
may have
en-
many
country seats, he
50
B.C.,
he
says:
"The
ci y
city,
the
-
my
ts
the city,
j
my
dear Rufus
to that."
in early life
is
Residence elsewhere
is
stick to that
I
and
live in
as
made up my mind
whose energy
mere
eclipse
and obscurity
to those
How news
was
circulat-
ed at Rome.
city,
certain persons made a living at Rome by collecting the most important and interesting information, public and private, which they circulated every few days in a smallffl
Commentarius rerum urbanarum, copied many times by slaves, and distributed among those rich enough to subscribe for it. In order to popularize
gazette,
handbook or
first
consulship, seems
commanding one of
all
the magis-
resume of
news
to
parts
of the
city,
became
1
in
Ad Fam.,
ii,
12.
Daremberg and Saglio, D.A., i, 50, 51; Huebner, Senatus Populique Romani Actis, Leipzig, i860; Ferrero, Greatness ant Decline of Rome, vol. i, p. 287.
2 Suet.,
Caes., 20;
408
409
the ancients, as a
means of
publicity,
means of
publicity.
employed placards.
When we
them
Roman
made
town,
we
encounter
at every step.
There
brass,
are those
to last, and,
with
this
intention, graven
on
on marble, on stone.
of
recording the
regular performance of
On
a board, or simply
in black
or red
what
fail,"
still,
an election address
the placard never
Among
but
it
the
Romans
grew
into a newspaper,
Empire, and never ceased to be their principal medium of publicity Sainte Beuve was quite right in saying: "The true Moniteur of the Romans must be sought in the innumerable pages of marble and bronze on which they graved their laws and their
victories."
Caesar,
who was
installed as consul in
59
B.C.,
inaugu-
when he arranged that reports of the sittings of the Senate should be made in a more regular manner, and for public distribution. "One of his
rated another innovation
first
Caesar gave
pubIlC1
"was
proceedings
of the Senate.
^ t0
translation.
410
AND WORKS
:
Insti-
ut
tarn
senatus
quam
public arentur.
One of
secrecy of
pired within
found convenient to
Eager
to
do as much harm
better
it
was known.
as the Great
same
manner
The Great
nna
s
the
residence
of
the
maximus,
whitened
as a
source or
b oarcj Ko-
man
history,
names of the consuls and magistrates, such notable political or military events as had happened at Rome or in
the provinces.
To
mus the peasants who formed part of the tribes of the Campagna, many of whom had children in the army, made their first visit, no doubt, whenever market day or other occasion drew them to the city from the country. At the end of the year the supreme pontiff's tablet was
removed and stored
laden with so
in the archives.
When
these boards,
many memorials
brought together and published under the title of Annales Maximi, we have the beginnings of Roman history. 5 In some such way the reports of the Senate must have been exhibited in the Forum, or in some other much frequented
spot where the people could gather to read the proceed5
As
to the
pp. xvii-xxviii.
411
immemorially
in secrecy.
At
Forum
call
miscel.
had practically abolished the assemblies of the people, and reduced the influence of the Senate to a shadow, "the essential part of the Acta senatus et populi, that which at first had been their reason for existence, coming to be
diminished more and more, the news of Rome, or,
will, the
if
you
miscellaneous news,
little
by
little
assumed the
upper hand, and that which was accessory ended by becoming the principal feature The ancient Acta
senatus et populi, which Caesar
discernible.
had
created,
And
so,
name
they bore.
They
title
~lLL
This
we have
6
right to translate
by that of the
less
Roman
Journal."
But
as
all
sources,
it
Forum, or the acphenomena or prodigies. For the benefit of those who were required to live during long periods of time away from Rome, such as praetors and pro-consuls in the provinces, the deficiencies of the Acta diurna were supplied by "news- The news_letter letters" written by paid correspondents, a class well deshort
cases tried in the
summary of
e Bossier, Tacitus and Other Roman Studies, pp. 219-221, who says: "The most complete collection of what remains to us of the Roman Journal is to be found in M. Hiibner's monograph entitled De senatus populique
romani
412
AND WORKS
which the
while on his
writer says:
way
As
full
went on
to
in the city, I
have taken
man
may appear
....
It
not only to
;
copy out
for the
packet contains
reports.
If this
and
me know,
that I
And
derived from
part of leaders
Personal
letters
who
the whirl of
Rome, for
from
trusted
friends.
kind of information to
influential friends
who
the
secret agreements,
the discords,
the
political
current events.
was that kind of news Cicero craved when he settled at Puteoli, Formiae, or Arpinum; and in order to obtain it, it was necessary for him to exchange letters constantly with such friends as Atticus, Curio, and Caelius Rufus, who were expected to supply it. In that way was
It
down
years
of
Roman
Republic.
of the
7
Roman
Tarn., viii,
it
does from
Fam., viii, i; viii, 2; viii, n. In the first letter cited Caelius says: "As to Caesar, there are frequent and rather ugly reports at any rate, people keep arriving with mysterious whispers; one says that he has lost his cavalry, which, in my opinion, is without doubt an invention; another says that the seventh legion has had a drubbing, that he himself is besieged among the Bellovaci, and cut off from the main army."
See also
Ad
Ad
413
beyond
all price.
His contem-
who
Car-
Newman
a truism,
of a
man
is
in his letters
Cicero's correspondence, as
it
down
sheds
Cicero's cor-
J^^JyJ
thirty-ninth
it
but
little
light
upon the
first
past.
At
first it
is
desultory;
year.
He was already the leader of the Roman (67 B.C.). bar, having delivered his great oration against Verres
two years before.
in
First letter to
Atticus then
at Athens.
79 B.C. and to this friend, whom he had known from his boyhood, he says in the first letter:
;
am
What
you say
com-
missioned you to get for me, and anything you see suitable to
my
Tuscan
letter,
villa,
should be glad
if
you
will, as
in
your
venience.
The
truth
all
is,
there
is
me
my
after he
of his numerous
414
AND WORKS
the
he proudly
called
gems of
B.C.,
No
letters for
There are no
which he made
year 64
in
the critical
years 64 and
63
B. c.
nor for
itself.
We
have
therefore
no
strictly
contemporaneous
accounts
after
on
tablets of ivory or
in
which
The
Correspondence contin-
were probably written in that manner. 9 Apart from the first eleven letters, the correspondence
really begins with the return of
in
uous from
62 to 43
b. c.
Pompey from
the East
rise
terrible
formation in 43 B.C. of the Second Triumvirate, whose death-toll included the life of Cicero himself.
in
the correspondence in
from
men who
prince
among
critics
has said:
splendid
estimate.
we
man
and the student of human nature, would willingly Greece resign them all rather than be deprived of the Epistles. can furnish us with more profound philosophers, and with superior
antiquary,
oratory, but
9
Ad Fam., vii,
18,
and also
in
Ad Att., iv, 4.
415
as
mere specimens of
style, at
in its
at an-
or whether
we
consider the
inaccessible
during
chief leaders; or, finally, seek and them a complete key to the character of Cicero himself, unlocking as they do the most hidden secrets of his thoughts, revealing the whole man in all his greatness and all his meanness,
dispositions
find in
their value
is
altogether inestimable. 10
The
entire correspondence,
The
'
first
entitled either
ln
four groups.
XVI;
XVI ; the third, Epistolarum ad Q. Fratrem Libri III ; the fourth, in most editions, Epistolarum ad Brutum Liber a series of eighteen
ad T. Pomponium Atticam
to
Brutus,
six
from Brutus
Cicero,
Brutus to Atticus.
friend, to
Of
whom
addressed,
least
j
of a
know more. We know at that Titus Pomponius was born at Rome, 109 B.C., wealthy family of equestrian rank; and that when we would
gladly
to
11
in
civil
war
Drumann,
416
in
AND WORKS
his kin-
order.
who was put to death with his partisans by Sulla's Then and there it was that he resolved to stand
affairs,
to
Romai
his
politics,
he
made
of Athens,
Athens
grew
his title
of Atticus.
where he distributed corn to the citizens, lent money without interest to needy men of letters, distinguishing himself at the same time as the first Roman who dared tc
declare openly his fondness for the arts and culture ol
Greece. In that
way
his
While through the fortunate purchase of an estate in Epirus, which prospered under his skillful management, his means began to grow, fortune came in a larger waw when his uncle, Q. Caecilius, the most notorious usurer in Rome, adopted him in his will, leaving him the greater
part of his estate, ten million sesterces, $400,000
Money
lender and publisher at Athens.
12
or
more.
He
was thus
able to
become
a staff of slaves
engaged
in the
task of
sold. 13
visits,
Atticus
Rome.
wound up
12
13
his
banking business
in
such a
way
as to conceal
Nepos, Fit. Att., 2. Before Atticus left Athens he had a whole library to dispose of. Cicero had his eyes upon it (Ad Att., i, 10). "His household staff," says Nepos (Fit. Art., 13), "though insignificant for purposes of display, was admirable so far as use was concerned. It comprised a number of highly educated slaves, excellent readers and copyists enough and to spare; indeed, there was not a footman who was not able to discharge both these functions with
credit."
417
and returned
to
Rome, where
The
Atticus
natural
ties
some
say weakened
Pomponia, 15 a touchy and jealous lady who found relief at last through divorce. But over
to the latter's sister,
and above
all else
Cicero's
banker and book publisher, and general guide, counsellor, bookpuband friend, ever ready to buy decorations for his villas, Usher,
Greek the history of his consulship, to dissuade him from suicide, to arrange for the return of the dower of Terentia, to criticize his translation of KaOrjKov, 16 to find the proper persons when treatises were to be dedicated, and finally to provide loans whenever creditors
to publish in
were importunate.
This priceless friend was ever ready to be useful, even
as a target
when
no better mark.
made
j
a pathetic
and
I
fruitless
:
your eloquence;
answered nothing."
to the thriftiness
j
His
table, 17
At
the next
14 His house at Rome was on the Quirinal near the temples of Salus and Quirinus (Ad Att., xii, 45; De Leg., i, 1). Its chief ornament was a wood (sil<va) or park (Nepos, Fit. Att., 13). 15 Nepos, Fit. Att., 16 Ad Att., xvi, " Nepos, Fit. Att., 13. 5. 14. 18 Ad Att., vi, When Cicero sent to Atticus (Ad Att., xvi, 3) his 1. treatise De Gloria, with the request that it should be copied on large paper, he suggested that he read it to his guests at a dinner he was about to give, adding: "Give them a decent dinner as you love me; else they will vent on ;my treatise their indignation against you."
4i8
AND WORKS
and
and exhibit
he says:
the devices
In
one of his
Cicero's confidence in him.
letters
My book,
of
Isocrates,
on the other hand, has exhausted the whole scent-box and all the paint-boxes of his pupils, and even
Aristotle's colors. 19
That he loved
exclamation
him always
is
made
my
plain
by the
May
where
perish,
my
dear Atticus,
if
either
Tusculan
villa,
am
me without
His
last
letter to
him.
The last letter that has come down to us was written from Arpinum between November 1 1 and December 9 of
the year
44
B.C. to Atticus at
I
Rome,
in
have received
heaven knows
that youth
many
is
a prudent
last letter:
"Though
we
Pen picture
of Octavian.
must wait to see the end." My, what a speech! [The contio It has been delivered by Octavian on his first visit to Rome.] sent to me. He qualifies his oath by the words: "So may I attain to the honors of my father," and at the same time he held out
his right
istis.
hand
in
Nee
servatoribus
on
danger
is
be
is
This
what I spoke about to Oppius. When he urged me to open arms to the young man, the whole cause, and the bevy of veterans, I replied that I could by no means do so unless I was completely satisfied that he would be not only not hostile to the
my
When
he remarked that
would be
19
so, I said,
1.
"What
is
For Octavian
3.
Ad An., u,
20 Ibid., xii,
419
my
services
till
January
1,
whereas
we mean-
He
you
cordially assented.
shall
For the
think,
rest
me
every day.
financial difficulties
We
gration.
disaster.
to
however hot the conflato Rome For personal insolvency is more discreditable than public Personal Accordingly, on the other subjects, on which you wrote insolvency,
most charming
me
in a
able to reply in
to extricate
was too completely upset to be Give your mind to enabling me By myself from the anxiety in which I am now.
style, I
my
usual way.
what measures
but
I
am
to do so,
some
ideas
I
do occur to
my
mind,
can
settle
As
met
at
Rome on December
interrupted; and,
letters
9 the
if
it
correspondence was
;
in that
way
have been
which
says:
lost.
He
in
his friend
went
down and
in that
who
we overwhelm with
who
prudence of a
man who,
in the
23
with his genius for friendship, promptly became the friend of those who had proscribed the orator
Atticus,
himself.
21
The
One
of the assassins,
come
into office
15.
it.,
Nepos,
Fit.
10.
4-20
AND WORKS
of
quickly
became the
familiar
Antony and
Octavian,
fetes. It
Tiro, the orator's right-
is
hand man.
question apart from Tiro, the faithful and shorthand writer, who did so much
in
to create
it
and
everything to preserve
in the ancient
it.
As
is
at once
interesting
and
and
inti-
mate
relations existing
was probably born a slave in the family in which he became such an important factor. Becoming attached to him in his youth, his master took a personal interest
in his
to play in the
Director of
the household
house as the
finances, as
economy.
the bankers
who upheld
was
moments.
"Tertia will
not
He
Publius
is
way
It
invited."
come
if
Publius
is
invited."
Shorthand
writer and
collaborator.
Nay, more,
it
is
The
thrifty Atticus
Roman
Ad
Who
27
Fam., xvi, 22. Tertia was wife of Cassius and sister of Brutus. Publius was we do not know.
xiii, 25.
AdAtt.,
Ad Fam., xvi,
21.
421
man
of
all
work was
28
at times a collaborator.
his
master
in the
ill
comat the
and
in a letter to
Tiro,
My
owing owing
in a
very bad
way
However, they have looked up a little Pompey is to this letter from you brought by Acastus. staying with me at the moment of writing this, and seems to be cheerful and enjoying himself. He asks me to read him something of ours, but I told him that without you the oracle was dumb. Pray prepare to renew your services to our muses. 20
your absence.
homeward from
he says:
do beg you,
my
A tender
letter
have written
I
to
from
Curio
to
to
thought,
Your
services to
in
me
Forum,
in
at
Rome,
my
me
province,
private
and public
business,
my
literary studies
and compositions.
that will surpass
can render
appearing before
ered,
me
I think, if
quaestor Mescinius.
attached to you.
He is not without culture, and is, I thought, And while health should be your first and most
how
to secure a safe voyage,
in
dear Tiro.
any
way whatever.
Be
assured,
me without
you and
who
it is
correspond-
A. Gell.,
29
Ad Tarn., xvi,
21.
30 Ibid., xvi, 4.
422
From
Quintus.
AND WORKS
reproach of
at least
with the
silent
my
from you.
You
this
crime
aid,
by your
own
Marcus
to
your
would be
custom
the
In plain terms,
to do. It
beg
you to do as
was her
In
to put a seal
same way
if
to write about,
you be thought
news
Marcus
the younger
was equally
affectionate.
After
his master's
which he says:
You
I see
are a
fine city
ways.
man of property! You will have to give up your You have become a Roman country-gentleman.
and with very charming
bailiff,
you
as large as life,
look, buying
matter of money,
am
my
dear Tiro, of
my
assist-
me
especially as I
32
know
Tiro, inventor of shorthand.
that this estate has been purchased for our joint advantage.
that Tiro
pos-
him
to take
down
rapidity.
May
be hanged
if
I ever take so
I
anything!
81
Consequently
even to Tiro,
who
Ad Tarn.,
xvi, 26.
423
down whole
33 syllable to Spintharus.
There was no lack upon the part of Tiro's shorthand; was with the subject, which was so complicated as to require dictation to the longhand writer Spinthe difficulty
tharus,
"syllable
by syllable."
to
[the
He
[Dolabella] told
there
me many
I
words
was one
tured,
with
my
the Thompson
Ti%lianaf.
own
*
hand. 35 Sir
From
last
word on
According
signs or notae
Suetonius
to
the
first
introduction
of
shorthand
was due
freedman,
M.
Tullius Tiro,
symbols, which
commonly bear
is,
of
Notae Tironianae.
The Tironian
tachygraphic
;
was
actually
each
word was
represented by a character,
The
notes,
we have
down
to us in a mediaeval dress,
and
In a medicdress.
from
with vari-
them
had died
out,
Ad Alt., xiii, 25: "Ergo ne Tironi quidem dictavi, qui totas nepiox&t persequi solet, sed Spintharo syllabatim." Letter no. 642 in Tyrrell.
34
iii,
1.
424
AND WORKS
Group
of syl-
human speech. But it seems that where a symbol was not forthcoming to express an unusual word, such as a proper name, it was customary, at least in the written notes which have survived, to express it by a group
f
labic signs.
yH a bi c
signs.
reporter, taking
down
an emergency, have invented on the spur of the moment such conwould remember how to expand afterwards. But in the mediaeval inscriptions written in Tironian
notes a syllabic system
was made
method of
expressing words. 38
well
known
fully
that the
Romans under
the
Empire were
down
iv,
however rapid
Astron.,
their enunciation
From
21),
it
was
While
!iYu assumed the name of
ir
it
is
impossible to
fix
Manumission manumission,
we know
name
of Marcus Tullius, according & to the custom in such cases. In the letter written by Quintus to his brother, congratulating
I
TulHus.
him on the
and
am
He was much
position,
am
Believe me,
when
36
jumped
nth
Brit.,
425
my own
Statius
is
a delight to me,
valuable
must those same qualities be in your man, since there is added to them knowledge of literature, conversational powers, and culture,
which have advantages even over those useful
virtues.
37
About
this
time
it
was
that Quintus
manumitted
his
Manumission
who seems
Q uin
undue influence
in his
from
his
Statius'
of Asia, wrote
But
it
used to annoy
me most when
was
told that he
life
had
and the
do you
wisdom
of a governor permitted.
How many
them a
people,
me
to give
letter of introduction
How
often,
without reserve to me, made such observations as "I never approved of that," "I told him so," "I tried to persuade
talking
And
even
if
these things
is
show
your judg-
it is
for I
am
in
who wished
all that
could be
but that after his manumission the angry had something to talk
full
of
executor.
Ad
Fam., xvi,
16.
For Cicero's amusing account of his brother's family, see Ad Att., After praising the amiability of his brother Quintus, he gives 3. Atticus to understand that his sister, Pomponia, is a heartless shrew.
v,
i,
88
89
Ad
Quint. Fiat.,
i,
2.
426
AND WORKS
Scenting the
July, 45 B.C.:
life,
and for
afar,
from
what you are about: you want your letters also to be But look here You set up to be a standard of correctness in my writings how came you to use such an
see
my
How
40
There
you.
I
is
no collection of
my
letters in existence;
something
like seventy.
Moreover there
so.
41
are
some
to be got
from
They
shall not
be published until
have done
between those
to publication,
letters written
to
Trebonius, then
I
in Spain,
expect
I expect
42
It
is
more
fortu-
hundred years
life to
old,
devoting the
rein
ma
n(jer
of that long
to his task.
works of
the
own
will always
in
be connected. 43
all their
Through
his efforts
were preserved,
natural beauty and freshness, not only the sevin his possession,
end of bk. x) observes of the notebooks left behind Ciceronis ad praesens modo tempus aptatos libertus Tiro contraxit quos non ideo excuso, quia non probem, sed ut sint magis admirabiles."
by Cicero,
;
"Nam
427
now
exists.
In addihis
unpub-
and
witticisms,
of which
it
is
said he
made
of Aulus Gellius.
First
mentioned the
he says
the
works should be MiscellaOeconomica ex Xenophonte, produced Oecomiidat when he was about twenty-one years of age, of which exXenoCicero's miscellaneous
in
among
De
Officiis,
we alth:
These matters Xenophon, the Socratic philosopher, has
|
dis-
is
entitled
Oeconomicus,
are,
which
I,
when
translated
at
no doubt as an exercise
in
Latin expression.
first
It
was
Jerome as late as 380 A.D., are contained in the eleventh and twelfth books of Columella which, with those derived from other
sources, are to be
p.
found
in Orelli's
Cicero, vol.
iv, pt. 2,
472.
Only a few sentences remain of a monograph bearing some such title as De Consiliis suis, which was published, DeCons nssuls as we learn from Asconius and St. Augustine, in justifi^
cation of Cicero's policy
ship
when
De
Consulate.
intrigues
of Crassus and
Off., n, 24.
428
AND WORKS
Augustine,
c.
Tog Cand.;
a
purely historical
work was
consulship, written in
His only commentary on his own Greek and completed before the
says in a letter to
me
in
I
another
letter,
at
I
suppose received
it
from Cossinius.
I
to
you until
if
had slowly
it
Pray,
you
may
possibly
throw some
I
on
my
actions.
As
for
my
poor
what
While
lost,
this
entirely
Panegyrics on Cato
same subject, Only a few words remain of the panegyric upon Cato, composed
the
poem on
(i,
quoted
in the
De
Divinatione
11-13).
and Portia.
46
B.C.,
to which Caesar
(Gell.,
xiii,
monograph
vi,
entitled Anticato.
19; Macrob.,
2).
What
gyric
is
my
pane-
Hirtius has sent me, in which he collects Cato's faults, but combined with very
the book to
warm
praise of myself.
wish
it
to
Musca with directions to give it to your copyists, as I be made public. To facilitate that please give orders to
I
your men.
often try
my hand
at an "essay of advice."
46
to be directed to Caesar,
on the
re
Ad Att.,
ii,
See also
Ad
Att,
xii, 4-
429
We
know from
letters to
Atticus
sister,
47
that he the
Portia,
to
of Domitius Ahenobarbus,
and aunt
Brutus'
wife Portia.
Cicero's poetical works,
earlier years,
his
Poetical
when
considered,
as
wor
s'
exercises
sharpened by
his
studies
under Archias.
Arati
certainly juve-
lished.
lines,
Of
former about
five
hundred hexameter
Aratus, Stoic u
nearly
Of
poeto
who wrote
epics
48
of astronomy,
we read
in
the
De Natura Deorum:
make
so
use of the
verses which,
translated
from Aratus,
gave
me
much
delight
many
of
them
still in
my memory. 49
specially
Of
I
I
Cicero's translations
from Homer,
men-
Translations
tioned in the
in all to
De
ii,
rom
omer
'
forty-four hexameters,
may
be found
in the
De
D'minatione,
and
St.
30; Tusculanae Disputationes, iii, 26, 9; Augustine, De Civ. Dei, v. 8. For the poetical
in their best
form, with
Ad
E.
Phaenomena, ed. E. Maass, 1893 Comm. in Aratum reliquiae, Maass, 1898. St. Paul in his speech upon Mars Hill accepts a verse from Aratus as a text upon which to proclaim the fatherhood of God: "For we are also his offspring" (Acts xvii, 28). See Arnold, Roman
coll.
48 Cf.
Stoicism, p. 409.
49
De
Nat. Deor.,
ii,
41.
CHAPTER XV
AN APPRECIATION OF
From what
A turningpoint in the
CICERO
it
has
in
now been
world's
said
appears that at a
turning-point
Cicero,
the
history
Marcus Tullius
of a
world's
history.
Roman
of
the
city-state
Rome,
at a time
when
its
had brought about a condition of political degeneration, of moral and social decadence, emphasized by a declining birth-rate and by a military incapacity that became more marked as its power was extended over subject peoples. Rome was at that moment upon the eve of a tremendous transition. An ancient republic that had bartered away its freedom for dominion was soon to be transformed into an empire; the ancient and exhausted paganism was soon to give way before the triumphant march
the conquest of the Mediterranean basin,
who had
by the shore, we came to Rhegium: and wind blowing, we came the second day to Puteoli; "14. Where, finding brethren, we were desired to tarry with them Acts xxviii. The Italian Chrisseven days; and so we went to Rome." tians had long been looking for a visit from the famous Apostle, though they did not expect to see him arrive thus a prisoner in chains, hardly saved from shipwreck. Cf. Conybeare and Howson, The Life and Epistles
"13.
From
430
AN APPRECIATION OF CICERO
the Christians at
431
Rome
among them.
The
....
question
was
Sulla
a type of statesman
new
to the history of
Rome,
a type
was
in
offspring of the
in
was understood
the
2
money and by
the sword.
fact has heretofore been emphasized that after had passed away that new type of a statesman was A type of reproduced in a more perfect form in Pompey, and after Bewto vu. he had passed away, in a still more perfect form in toryofRome.
Sulla
The
Caesar.
The
was passed
in a
vain effort
and ancient
and moral
overthrow by the
Sulla,
Pompey, and
in all the
Italian or
-
had
his
war which swept the army, and closed all the courts except the Commission for High Treason. During the next year it was, the
year of Sulla's
or Social
first
War was
time
War
in
which
for the
first
Roman
exposed on the
See above,
432
CICERO, A
The midnight
in
did not begin to break until the return from the East in
Campa-
pressed forward to
in
Rome, overthrowing
city
the younger
Marius
At twentyfive Cicero
82
B.C.,
without further
opposition.
It
began his
for-
been reopened, with certain serious changes of organization as to criminal jurisdiction, that Cicero, then in his
ensic career.
twenty-fifth year,
His entry
into politics.
began
When
his
at the
triumph
in the case
won
the leadership of
the
Roman
humbled
in the
announced his entry into politics by declaring would no longer appear as a prosecutor. With that announcement Cicero's career as a statesman, in the largest sense of that term, really begins. Like his great fellow-townsman Marius he was a selfdust, he
that he
made man.
Leader of
the Italian
Despised by the
was
middle
class.
Opposed
life as
dreams and
aristocratic exclusiveness,
was
his influence
won
his
and
which
it
was
possible to
was their voice that insisted in 58 B.C. upon his recall from exile; it was his power over them that made Caesar eager to win him over in 49 B.C. 3 The first crucial test to which Cicero was subjected as
hold them;
it
3
See above,
p. 218.
AN APPRECIATION OF CICERO
a statesman arose out of the duty that
433
Conspiracy
of Catiline.
porters
among
the dissipated youth and decadent aristhe poor in all parts of Italy,
class of well-to-do proprie-
tocracy of
Rome, among
debt
that
whom
moved society to its depths. The leader of that conspiracy was Lucius
brawny young
giant,
Catiline, a
who,
office,
to be carried
lout amid
1
an
insurrection
of
the
slaves
and
con-
I
i
by which
complete.
it
the consummate courage and art was averted could not have been more
The
have
of the
game with such boldness and craft that was driven from Rome without bloodshed, Heaving behind him a headless and irresolute group who planned their own destruction when they approached the Allobrogian envoys who were asked to aid the revolutionary forces by kindling the flames of war beyond the
played the
Catiline
Cicero's
;Mps.
The masterful
conduct.
with which he
to exceed
its
jurisdiction in
434
AND WORKS
an ignominious
to
While
in his first
great
moment
of dreadful responsilife
of the
state,
may have
drew after it the gravest personal is no room for doubt that as the sole and only responsible head of the state he acted with an unselfish fearlessness, a rare tact and decisiveness whose complete success left nothing to be desired. His conduct was so regarded at the time by those who witnessed it.
constitution, an act that
consequences, there
As he
tells
votes
Republic
me
The
called
whom
was,
Cicero was
in
upon
to deal as a public
first.
man The
a certain
aristocrat Publius
Roman mob.
and a most dexterous leader of the Roman mob, more frightful than our own, because
Bona Dea
scandal.
drawn from lower and more formidable elements. In the very midst of the Catiline menace occurred the Bona
Dea
order to quiet
enemy and
re-
IV
Phil., 10.
AN APPRECIATION OF CICERO
solved to wreck him, with the tacit consent of his rivals,
435
as consul he
had unlawfully
Hiswaiiings lna verslty#
There are those who attempt to belittle Cicero, claiming, and no doubt justly, that in the midst of a calamity so sudden and so withering as his exile, he did not conduct himself with that calm resolution and patient fortitude which should have been exhibited by a really great
How
the fallen
poured out
heretofore.
To
I
Quintus he wrote:
by you. For you would not have him whom you had quitted; not him whom you have known not him whom you left in tears at your departure, when you were yourself in tears not even a trace of him not a shadow, but the image of a breathing corpse 5
was unwilling
not
;
to be seen
By such
!
statesman, the spoiled child of fame and fortune, do more than prove to the world that Seneca was right when he said: "There is no one more unfortunate than
the
:
man who
it
has never
Does the fact that in his power to try himself." Napoleon was not always heroic during his exile at St. Helena, does the fact that his cruel captivity was punctuated by petty, spiteful quarrels with Sir Hudson Lowe, destroy the glory won at Marengo, Austerlitz, Jena, The French Friedland, Borodino, and the Pyramids?
been
never attribute courage to any
quality.
man
They
say he
so
tomorrow.
6
And
was brave today, and may be brave nothing is more unjust, more illogical,
6
Ad
Quint. Frat.,
i,
3.
De
Provid., Hi.
436
AND WORKS
under
to
men
supreme occasions by
commonplace
Judgments
of contemporaries.
and vexing
conditions
nature.
they
yielded
infirmities indigenous in
human
upon
recall
man's
acts
by
his
who
forced Cicero's
and greeted him upon his return from exile with such an oration as no other man ever received, could not
have thought
ill
of his conduct
in the
hour of adversity.
The
Brundusium
truth,
Rome was
Plutarch says
was no exaggeration, yea less than the that he was carried back to
Rome on the shoulders of Italy. No matter how vain, how impatient, how irresolute, how despairing the emotional nature of Cicero may have been on ordinary occasions,
that never
Cicero never
faltered
falter.
When
the supreme
moment
arrived,
when
the rich
on a great
occasion.
to be scourged
of the
state
was
Marc Antony,
his
When
Pompey
falter because
made the path plain for him. The final test of Cicero's courage and
and
his
own
AN APPRECIATION OF CICERO
437
Duel
e
to
Antony,
who
wi th Antony.
fallen benefactor
and
to
make himself
his heir.
Such
was
his deliberate
whose body was brought from had been lying since the assassination, down to the Forum and placed upon the Rostra with the blood-soaked toga still wrapped about it. After he, by his consummate art and eloquence inherited from a famous father, had driven from Rome those who had
the funeral of the regent,
his palace,
where
it
who
down with
it
His position at this juncture was at once unique and Nearly all of the great actors contemporary with him had passed from the stage, many of them to bloody graves. His commanding intellect and reputation qualified him in a peculiar way for the unofficial
imposing.
leadership the
thrust
Roman
upon him. Public opinion among the Romans in wavered in its devotion to the republican cause until put down by armed force.
Italy never
off
the
a grave,
acts
dignified,
and Antony's
war.
And
yet he
asset Caesar
whose training
'Thestruglegions.
It
is
not
438
AND WORKS
the
him with
his nine-
who had
just
completed
prompted his agents to incite the legions at Brundusium to abandon Antony, while he himself appealed to Caesar's veterans settled on their lands in Campania to come to
his standard.
No
Center of
gravity of
the state
shifted.
had
Thus the center of gravity of the state had shifted. Under the old constitution those who aspired to supreme power at Rome asked it at the hands of the citizens assembled in the Forum or Campus Martius; under the new Caesarian system such power had to be
resolved to do.
sought
in the
legions.
With
the
legions,
Antony resolved
to
take
from Decimus
his
Brutus his
command
in
With
force,
would have
at
his
now known
as
modern Lombardy.
Mutina.
by Antony
stand was
until
made
the
for the
Roman
power
to
new
military monarchy.
it
And
yet
when
the siege of
Mutina began
seemed
to be certain that
Republic
AN APPRECIATION OF CICERO
reestablished,
if
439
the emergency.
those who
and
decisive
ditions
There was but one leader possible, a man then sixtytwo years old, who was more capable of wielding the pen than the sword. As the life and soul of the opposition to Antony, he had become the spokesman of those who called themselves, as Appian tells us, Ciceronians
still
The
hour of his life had arrived. Under such conwould the conqueror of Catiline attempt to save the Republic a second time? On the morning of Decemship in a spirit of self-sacrifice,
behind him.
Shortly after the beginning of the
new
year, 43 B.C.,
in the
Fifth
object
was
Gaul so as
to be able
him
to seize the
At
that critical
moment
of waiting, which
civil
may
war soon
to begin
of the Po, Cicero, imbued with the belief was the parliamentary champion of the constitution, became, in fact if not in law, the head of the sena"He was, in fact, Cicero prime torial government of the Republic. ter 7 prime minister of Rome," and as such he was forced R
that he
See above,
p. 292.
440
AND WORKS
had scarcely
possessed
As
who
What
a responsibility
it
is
a chief of the
Roman Commonwealth;
those
who
bear
it
should
shrink from offending not only the minds but the eyes of their
fellow citizens. 8
Less than
April 19,
six
when
announcing victory
of Mutina, escorted
condemned
interval
him unheard
he led with
to a traitor's death.
all
During the
Why suecess
made
success impossible.
The
the
was
impossible.
moment of victory that followed the second battle oi Mutina, when Octavian failed to join Decimus Brutus in
the pursuit and destruction of Antony.
Reason given imUS
In the graphic
Caesar, anc
words of Decimus:
very ugly facts."
9
"I cannot
his
command
B^mus
troops.
The builders of the new military Empire had no idea of immolating themselves on the
grave of the dead Republic.
mania grew, the legions, believing that their interests would be best promoted by a military monarchy, drew together in a coalition whose primary
the Caesarian
As
purpose was a campaign of revenge against those who had so cruelly arrested its growth. In that campaign
of revenge Cicero perished after he had been surrendered to the executioners by Octavian, who had called him
s
VIII
Phil., x.
Ad
Tarn., xi,
9.
AN APPRECIATION OF CICERO
"father."
441
when
the time
life
J
of Cicero
Cicero as a
was twofold.
man
^n-
templation.
man man
shadow land
the stronger
and deeper
all
life
of the
of contemplation, of the
By
to
a fruit-bearing tree
was made
in
mind
persisted
fruits
which never
intellectual
His
dwindled either
quantity or quality.
His
more
brilliant or
more
bountiful than
S5ifa2i
And
1
Each of
ln the
direction of
authorship.
human and
rarely gifted
problems of
life at a
time
when
his
profound
political
and
spiritual revolution.
Each of
special
belongs.
Out of
grew his works on the science of politics, i. e., on govern- Treatises on " ent ment and law. Elated by the brilliant reception of the fj d De Oratore, he began in 54 B.C., when Caesar was pre-
442
AND WORKS
De
Republica.
as
De
Republica, a
work whose
direct
Koman
,-,
citizens to the
destruction
to
the
liberties
of their
country.
own
con-
all
good
citizens,
but by
immortal glory
About
DeLegibus.
De
De
described already.
When
DeOfficiis.
due weight
is
De
Officiis, it
must
Roman
its
Republic
first
made
in
the
De
Republica, and
supplement,
De
Legibus.
Eight years
had passed by
and
had written the Second Philippic but had not published it, when in his lonely villa at Puteoli,
he resolved
....
to
had done,
politi-
conciliating
connected compositions
10
question,
p. 370.
acting rather as a
See above,
AN APPRECIATION OF CICERO
statesman than as a philosopher, employed Stoic ethics,
considered as an applied moral science, as a driving power
in
443
Roman
politics.
Who
a connected
fatnl gy-
upon the part of their author to employ Stoic ethics, as an applied moral science, as the best and only means of regenerating Roman social and
and persistent
political life?
powers
his
ripest thoughts
were recorded
in the
more
Treatises on
mind and
soul.
No
matter a^^olo
->
whether
the
will
it
be
classicist
or publicist
who
attempts to solve
in his life,
no progress
made
unless he
is
when
the
down
Stoicism,
by which the
completely
philosophers
enthralled.
It is
and
jurists
of
Rome became
which
mind and soul, was Roman stoicism in its purest and most scientific formi In the analyses heretofore made of the ~De Finibus, treating of the Supreme Good, considered as the essence of practical wisdom, and involving the ultimate foundafinally
un ertone
444
AND WORKS
Paradoxa
upon Hortensius, Crassus, and Lucullus; of the De Setteetute, the most charming, perhaps, of all Cicero's essays on the philosophy of morals; of its sequel, the De Amicitia; of the De Natura Deorum, a treatise on the philosophy of religion; of
treatise
its
sequel, the
De
Divinatione, a
on the mantic
art; of the
De
series of dissertations
on speculative theology, a
tent effort
in his later [In
I
was made
to explain
how
it
it
as the
all
emianent
uniform, and universal law.
o^,
ruled by a single
,
God
, ,
^_By
ating
God,
cre-
and
governing
everything
through
permanent,
swarm of
little
mere
that
Armed
with
new
and law-creating
adepts, Cicero
was able
j
immorta
lty.
phi-
losopher like
As
Orations
mental creations we have the fifty-seven immortal orations, and the priceless letters which begin in his thirtyninth year
man
of
AN APPRECIATION OF CICERO
addressed to Cassius, written very early
in July,
445
43
B.C.
The
twenty-six years,
constitutes the
and embracing nearly a thousand letters, most voluminous record that has descended
acts, the
men who
through the most momentous events incident to a turningpoint in the world's history.
letters
has said:
the times in
which Cicero
Moral values
as expressed
problems
and
were
"baffling
8, 3, 6).
The
strongest motives
Revelations as to Rorr
etiquette.
down
to the
involved
in the etiquette
of the time.
The
letters of
what
would consider
a certain
amount
more or
less
12
last
The fragmentary, yet vivid, history thus written of the days of the Roman Republic, coming as it does from
is
such a pen,
11
beyond
all
price.
Cornelius
Nepos was
Gordis, The Estimates of Moral Values Expressed in Cicero's Letters, University of Chicago Press, p. 7. 12 See Anna Bertha Miller, Roman Etiquette of the Late Republic as Revealed by the Correspondence of Cicero, p. vii, University of PennsylSee
vania, 1914.
Warren Stone
446
AND WORKS
reads these
let-
when he
said that he
who
As we gaze
Cicero's contributions
to
wonder upon
the
mass of recorded
richness
Roman
him,
it is
its
and
vol-
literature.
ume with
what was
first
when
The
fact that
places
among
young
ad-
of
Roman
then no
poem
Furthermore Latin
was not
purity.
made by
the
Roman
it
world.
was necessary
And
to the
the vernacular as to
to
make
it
Latin tongue.
impose upon
it.
new
literature could
come
into
Terence and Lucretius had cultivated simplicity; Cotta, Brutus, and Calvus had attempted strength; but Cicero rather made a
language than a style; yet not so
the combination of words.
subjects obliged
13
much by
the invention as by
Some
13
him
to coin.
Newman,
i,
p. 297.
AN APPRECIATION OF CICERO
As
the
447
Greek
originals
on which
his
philosophical
works were based have, for the most part, been lost, it must ever remain a question as to the extent to which he
supplemented the old materials by his own speculations,
Extent
to
15
"
^^J^"
As
down
at the thresh-
old materials,
Roman
creation, legal
Roman
invention,
it
certainly reasonable to
in that
domain.
It
still
more
domain of speculative
life
beyond the
was armed,
new
was the
author,
interpreter,
and enforcer
In that
the
law
known
little
.
as the
law of nature.
wrecked
in substance if
not in
man.
L 7
1
made
to demonstrate that
through
its
spiritual
and
years
ISSt"
works of the
stoicism
brilliant
of
Roman
St.
Paul.
448
Cicero's
AND WORKS
In the
works
place in nearly
list
all
the librarian,
we
find
Cicero";
of
in the library
Homer,
Virgil,
of St. Requier there were copies and Cicero; the abbot Lupus of Ter-
Wars
of Catiline
and of Jugurtha, by Sallust, and the Verrines of Cicero. His work on rhetoric (De Inventione), so far from being devoured by the moths, was the very first chosen for
translation into Italian prose.
It
appeared
in the
vulgar
idiom
in
fessor of
grammar
in the university
of Bologna. 14
Long
ter's style;
his
utmost to
collect the
to
fragment of
Cicero,
Petrarch's
literary idol.
when
So completely was Cicero Petrarch's literary idol that strangers crowded around him, asking him what
"Not a pagan
philosopher, but a Christian apostle."
from distant lands, his was "Nothing but the works of Cicero." In speaking of those works he said: "You would fancy sometimes it was not a pagan philosopher, but a ChrisTo the Italy of tian apostle, who was speaking." Petrarch we must look for the cradle of the Renaissance. He it was who first taught his countrymen how to study the Latin masters in a humanistic spirit in an age when
art
richness
of decoration,
pp. 84, 129,
]
14 Cf.
148, 157.
AN APPRECIATION OF CICERO
pomp
a
449
At
such
moment when
the
most
literature
dictatorship
in prose.
was the creation of a Latin style, the supreme was awarded to Virgil in verse, and to Cicero
wanted
in the
The
rician
it
manner
among
philosophers,
was
letter-writing
Roman
came from a famous rhetorician emiupon his merits as an orator. great model was Cicero, despite the fact that
Ciceronian type of eloquence
lifetime
in
Quintilian's
ciceroas an orator,
Mommsen
The
tion the
Mommsen's
view
-
Roman
of Hortensius
had done
Caesar,
men
to that hybrid
They found
and
elo-
arrangement deficient
and articulate
fire
From
a
son between
Demosthenes and Cicero so long regarded as model of critical acuteness and discrimination. He says
15
Symonds, Renaissance
iii
in Italy, vol.
ii,
p. 528. iv,
18 vol.
p. 727,
45<>
AND WORKS
most are similar;
Comparison e ween
and Cicero.
mode
more verbose; Demosthenes argues more closely, Cicero has a wider sweep; Demosthenes always attacks with a sharp-pointed weapon, Cicero often with a weapon both sharp and weighty; from Demosthenes nothing can be taken away, to Cicero nothing can be added in one there is more study, in the other more nature. In art, certainly, and pathos, two stimulants of the mind which
;
in oratory,
we have
17 the advantages.
....
We
must
the able orator that he was; for Cicero appears to me, after he
certain that
when
the foremost of
Roman
orators
was enormous; and it was, noi doubt, that sense of marvellous power over the crowds he held spellbound that excited in him the resolve to be
to wield
come
the
Demosthenes of the
Italian democracy.
DioCassius.
fame as advocate, statesman, and philosopher has rolled on from the past to the present it has crushed more than one opposing pebble in The first conspicuous opponent who lifted hi its path. head was Dio Cassius (155-229 A.D.), born somethin
the great stone of Cicero's
As
more than
17
Quintilian maintains that there are three literary forms in which the
est
.
.
Romans can bear comparison with the Greeks: "Satira tota nostra elegia Graecos provocamus .... non historia cesserit Graecis"
94, 101). ls Inst. orat.,-x.,
i,
(x, i,
105.
vus, numerosior Asinius, splendidior Caesar, amarior Brutus, vehementior et plenior et valentior Cicero."
AN APPRECIATION OF CICERO
of the Empire, exact and minute, but without political
capacity,
45
and with
stitions, a
historical personages.
who had
inherited the
An
official
last
is
historian
consumed
with hatred
of Cicero.
Roman
of
much
sting
19
put
mouth
of Calenus.
The
temper:
by the hand of Milo, and
one
who
killed Clodius
The
who made
trial ?
. . .
Catiline
.
Who
unaware that you put away your first wife who had borne you two children, and at an advanced age married another, a mere girl, in order that you might pay your debts out of her property?
And you
Caerellia
did not even retain her, to the end that you might keep
20
fearlessly,
whom
much
and
to
whom
letters as a jester at
would write
woman
Rome by Herbert
49-74 of vol. iii. 20 A learned lady and a great admirer, who, apart from loaning Cicero money, devoured his philosophical works. She had a special copy of De Finibus made for herself, even before Atticus was ready for publication {Ad Alt., xiii, 21). She struggled in vain to induce Cicero to take back Publilia {Ad Att., xiv, 19). Sihler (p. 368) has well said: "The scandalous and silly insinuations made by Antony and his adherents (Dio, 46, 184) may be thrown into the waste-basket of history without much ado."
452
AND WORKS
Animus
1
andDio"
Nothing could be more palpable than the fact that Appian and Dio, Greek historians of the second and third centuries, who were bound by every interest, taste, and prejudice to the new imperial system, were more than willing to revile and misrepresent those who had been
the
fallen Republic.
evil spirit
of Dio,
modern
historians
whose
fame of Cicero are only worthy of notice by reason of the world-fame of one of them. If it were not for what Mommsen said in 1856, in the third volume of his History of Rome, no one would now take
assaults
upon
the
Labored
malevolence
of
Drumann.
in
1834,
21
with a minuteness
inquisitorial
a single
Drumann
has
....
in
ness,
subjected Cicero's
life,
acts,
and words
to a trial which,
inquisitorial harshness,
finical
casuistry,
brutal inconsiderate-
may
example. 23
Motive
of the attack.
to
For the motive of such an attack we have only Drumann's preface in order to learn
to look
21
W. Drumann,
v
Gesch.
Roms
in
seinem Uebergange,
etc.
1834
sqq.,
vol.
(1841), from pp. 216-716, and vol. vi (1844), pp. 1-685, "so wenig er sich sonst scheut, Zweideutigkeiten und Schwachen, ja offenbare FalschCf. Gardheiten auf Ciceros Andenken zu walzen" (C. F. Hermann).
i,
p. 77.
Sihler, p. 471.
He
him absolutely of
10.
all
charges involving;
licentiousness.
23
AN APPRECIATION OF CICERO
....
his personal point of
453
to be
view
in a
had not the Konigsberg professor uttered it himself: "Roman history proves that republican forms of government are
incredible,
it
is"
(p. iv).
He
monarchy"
is
"Not
against
my
will,
but without
my work
is
is
So
far as Cicero
concerned, no matter
how minute
light.
the detail or
how
Drumann,
strives
present
him
in
an odious
He
is
thoroughly
partisan,
thoroughly
unfair,
version
spierre.
24
compare Cicero
to
Robe-
In order to
make
his eulogy of
brilliant
An
humor
did
all
he was pleased to
to arouse in
that, as a builder
him the scruples of Dickens' of Noah's arks, it make 'the flies and the ele-
same size." The minute and malevolent details thus expanded by Drumann, without vivacity and without perspective, into a volume would never have impressed the world if they had not been so condensed and restated by Mommsen as Mommsen's
to convert the picture in
restatement
a caricature in
tician,
swaggering
24 Sihler, Cicero's
Second Philippic,
454
CICERO, A
minded sophist and rhetorician beneath our contempt. To employ Mommsen's own words
A typical
extract.
As
archs,
and
as a tool of the
egotist.
mon-
Where
trial
when
Manilian law;
thus
he
thundered
against
Catiline
when
his
spirit
of hatred
envenomed Dio and Drumann inspired Mommsen's flagrant misreprewas equally eager
to
assist in the
to
Caesar
worship.
worship required
in
26
He
go so far
j
Pompey
as a drill-ser-
An
him when he
the
said:
Here we perceive
Cato a
Don
As
in his studies
would say
that
Roman
aristocracy,
and that
in
Caesar he salutes
in
Germany. 27
The
own
reputation.
When
^History
Rome,
iii
sponding with
vol.
26 "I have already protested against the outrage which Mommsen has committed on the fair fame of Cicero. Like Marina in Pericles, Prince of I have endeavTyre, I have spoken holy words to the Lord Lysimachus ored to vindicate by arguments the character of one whom I regard as a Tyrrell, Cicero in His Letters, pp. xv-xvi. great and good man." 27 Boisser, Cicero and His Friends, p. 23, Jones' trans.
AN APPRECIATION OF CICERO
Mommsen, animated by
a political rather than a literary
455
animated by a
like motive,
fame of Napoleon. The effect of the assault of Mommsen upon the political character of Cicero is already a thing of the past. The moral and political epigrams of his first
work, written when he was only thirty-seven, never
ac-
rejected,
generally with
Max
Abeken {Cicero in seinen Brief en, Hannover, 1835) has and humanely. In awarding praise and blame he has a just and discriminating judge.
28
treated Cicero
tried to act as
----iSJj&^feiigaL-'
Tomb
of Cicero
Cicero.
Uffizi Gallery.
By
Hannis Taylor
and
Mary
Lillie Taylor
Hunt
Roma
Roma patrem
parenteral,
Juvenal, Satires,
viii,
243.
Rome, free Rome, hailed him with loud acclaim, The father of his country glorious name.
GlFFORD.
Salve primus
omnium parens
first
patriae appellate.
Pliny,
Hail thou,
who
Et Cicero
id se
his, ut
non rhetorum
opinor, verbis refert, quidquid in eloquentia effecerit, officinis, sed Academiae spatiis consecutum. Tacitus, De Orat., xxxii.
us too I think in so many words that anything he accomplished as an orator he owed not to the workshops of the rhetoricians, but to the spacious precincts of the Academy.
tells
Disertlssime Romuli nepotum, Quot sunt quotque fuere, Marce Tulli, Quotque post aliis erunt in annis; Gratias tibi maximas Catullus Agit, pessimus omnium poeta, Tanto pessimus omnium poeta Quanto tu optimus omnium patronus.
Catullus, xlhc
Tullius, of all the sons of royal Rome That are, or have been, or are yet to come, Most skilled to plead, most learned in debate Catullus hails thee, small as thou art great. Take thou from him his thanks, his fond regards, The first of patrons from the least of bards.
-J.E.
in
manibus.
I,
i.
Academha.
in
hand.
I,
3.
Ob
earn rem, se arbitrari, ab Apolline omnium sapientissimum esse dictum, quod haec esset una omnis sapientia,
non
quod
nesciat.
1,
4.
he imagined that Socrates was called the wisest of men by Apollo, because all wisdom consists in this, not to think that we know what we do not know.
For
Non
sus Minervam, ut ajunt. I, 4. The sow should not teach Minerva, according
to the proverb.
esse dicunt mundi, eandemque esse mentem, sapientiamque perfectam, quern deum appellant.
it
as perfect in intelligence
their
God.
Percontando a
peritis.
1.
Meo
judicio est
II,
maxima
in
sensibus Veritas,
si
et sani et
sunt, et valentes, et
impediunt.
In
are
7.
my
opinion there
if
they
459
460
Academica.
AND WORKS
many
we do
Oculi pictura tenentur, aures cantibus. 11, 7. The eyes are charmed by paintings, the ears by music.
lux,
lumenque
vitae.
steps
II,
8.
and guide us
Naturam
ait
ut
Accuse nature, who has completely hid, as Democritus says, truth in the bottom of a well.
Nihil est veritatis luce dulcius. II, 10. Nothing is more delightful than the light of
truth.
Videsne, ut in proverbio
II,
sit
ovorum
inter se similitudo?
18.
enim finitima sunt falsa veris ut locum non debeat se sapiens committere.
Ita
in
II,
praecipitem
21.
So close does falsehood approach to truth, that the wise man to trust himself on the narrow ledge.
cum existimet a deo se curari, non et; divinum numen horrere? 11, 38. Who is there, when he thinks a god is taking care of him, shall not live day and night in awe of his divine majesty?
Quid enim
potest,
dies et noctes
Est enim animorum, ingeniorumque naturale quoddam quasi pabulum, consideratio, contemplatioque naturae: erigimur; latiores fieri videmur; humana despicimus: cogitantesque supera, atque coelestia, haec nostra, ul
AD ATT1CUM
maximarum,
tionem.
nature,
II,
461
exigua, et minima, contemnimus, indagatio ipsa rerum turn Academka. turn etiam occultissimarum, habet oblecta-
41.
are contemplating
it
and pondering on the works of its natural food to the mind; our thoughts assume a loftier character, and we learn to look down on what is human while we meditate on the vault of heaven above, our own affairs appear petty and contemptible; our mind derives delight from what is so sublime and inscrutable.
When we
we
are supplying, as
were,
Nam
It
impellitur, ea
non
II,
tioque virtutis.
is
46.
not virtue, but a deceptive copy and imitation of virtue, when we are led to the performance of duty by pleasure as its recompense.
AD ATTICUM
Homo
A
sine fuco et fallaciis.
guile
I,
I.
Ad Atticum.
man without
and
deceit.
Ilia concionalis
I,
16.
In eo neque auctoritate neque gratia pugnat, sed quibus Philippus omnia castella expugnari posse dicebat, in quae modo asellus onustus auro posset ascendere. I, 16. His weapons are neither authority nor popularity, but rather those referred to in the saying of Philip of Macedon, that no city was impregnable so long as it could be entered by an ass laden with
gold.
Bellum
It is
est
enim sua
nitia nosse.
II,
17.
vices.
a great thing to
462
AdAtticum.
AND WORKS
11,
18.
is
more
Ubi
nihil erit
if
quod
scribas id
ipsum
scribito.
IV, 8.
so.
Even
ulcisci
possem
Sed ilium
I hate, and shall continue to hate, the man; would that I could take vengeance on him But his own shameless manners will be a sufficient punishment.
v, 15.
The
ubi honestas?
without honesty?
vn, 11.
'IAias.
vhi, 11.
We
ipsa
The
me more
themselves.
ix, 6.
Let us not go over the old ground, but rather prepaie for what is to come.
Aegroto, dum anima est, spes est. While there is life, there is hope.
IX, 10.
Omne
mare
he
consilium Themistocleum est: existimat enim, qui teneat, eum necesse rerum potiri. x, 8.
is
His plan
who
gains the
evidently that of Themistocles, for he thinks that command of the sea must obtain supreme power.
AD FAMILIARES
In omni vita sua quemque a recta conscientia traversum unguem non oportet discedere. xm, 20. During the whole of our life we ought not to depart a nail's
breadth from a pure conscience.
463
AdAtticum.
Nemo unquam neque poeta neque orator fuit, quam meliorem quam se arbitraretur. xiv, 20.
There has never
not consider himself the greatest in the world.
qui
quemdid
who
xv,
8.
Tomorrow
Nemo
No
wise
man
is
inconstancy.
AD CORNELIUM NEPOTEM
Felicitas
est
fortuna,
adjutrix
quibus qui
non
ment
latter
IV.
Success consists in good fortune, allied to good design; be wanting, success is altogether impossible.
the
AD FAMILIARES
Via juris ejusmodi est quibusdam in rebus, ut nihil
gratiae.
I,
sit loci
Ad
Familiares.
2.
is
is
Cum
dignitate otium.
I,
9.
464
AND WORKS
Ad
Familiar es.
sed
are not bound always to hold the same language, but are bound to be constant in our aims.
We
aut nostra, aut ipsorum interesset. II, 4. You are aware that there are many kinds of epistolary correspondence, but that alone is the most assured, for the sake of which namely, to inform the absent, if there be anyit was invented thing which it is of importance that they should know, either about our affairs or their own.
est enim homini pudenti, petere aliquid magnum ab eo, de quo se bene meritum putet: ne id, quod petat, exigere magis, quam rogare; et in mercedis potius, quam Est animi inbeneficii loco numerare videatur genui, cui multum debeas, eidem plurimum velle debere.
Grave
11,
6.
It
is
annoying to a modest man to ask anything of value from whom he thinks that he has conferred a favor, lest he should seem to demand as a right rather than ask as a favor: and should appear to account it as a remuneration rather than a kindness. It is the feeling of a noble and liberal mind to be willing to owe much to the man to whom you already owe much.
one on
Nemo
quam
err
if
suadere possit
7.
te ipso
num-
labere,
si
te audies.
11,
Nobody can
you
listen to
Nihil
effici
est,
quod studio
possit.
Ill,
et benevolentia, vel
amore
potius,
affection
non
9.
I
There is nothing which cannot be accomplished by and kindliness, or perhaps, I should say, by love.
Quod exemplo
Men
precedent.
fit,
id
etiam jure
may
justly
AD FAMILIARES
465
Victoriae quae civilibus bellis semper est insolens. IV, 4. Ad Spirit of insolence, which victory in all civil wars never fails to Familiares.
inspire.
Nullus dolor
ac molliat.
est,
quem non
IV, 5.
There
is
and
soften.
Neque
fitentur tenere se
imitare malos medicos, qui in alienis morbis promedicinae scientiam, ipsi se curare non
IV, 5.
possunt
not imitate those unskilful empirics, who pretend to cure other men's disorders, but are unable to find a remedy for their
Do
own.
occisus est,
Nos homunculi indignamur, si quis nostrum interiit quorum vita brevior esse debet, quum
aut
Uno
What
one
life
loco tot
oppidum cadavera
IV, 5.
Projecta jacent?
right have
we mannikins
among us, either in his bed or on the battlefield, should of right be shorter, when
we whose
The
corpses of full
many
town
Nullus est locus domestica sede jucundior. IV, 8. There is no place so delightful as one's own fireside.
Tempori
est
semper sapientis
habitum.
To yield to the times, that is, to obey necessity, has always been regarded as the act of a wise man.
Omnia sunt misera in bellis civilibus .... sed miserius nihil, quam ipsa victoria quae etiamsi ad meliores venit,
:
tamen eos ipsos ferociores, impotentioresque reddit: ut, etiamsi natura tales non sint, necessitate esse cogantur; multa enim victori eorum arbitrio, per quos vicit, etiam
invito,
All
itself
is
civil
facienda sunt. IV, 9. wars are full of numberless calamities, but victory more to be dreaded than anything else. For though it
466
AND WORKS
Ad
Familiares.
should decide itself on the side of the more deserving, yet it will be apt to inspire even those with a spirit of insolence and cruelty, and though they be not so by inclination, they at least will be so by necessity. For the conqueror must, in many instances, find himself obliged to submit to the pressure of those who have assisted him in
his conquest.
Nunc vero nee locus tibi ullus dulcior esse debet patria; nee earn diligere minus debes, quod deformior est, sed
misereri potius.
IV, 9.
No
place should
now
it less,
be sweeter to you than your fatherland, but rather pity it more, because of its
Qui semel verecundiae fines transierit, eum bene et naviter oportet esse impudentem. v, 12. When once a man has overstepped the bounds of modesty he may as well become thoroughly and frankly shameless.
Nihil est enim aptius ad delectationem lectoris, quam temvarietates, fortunaeque vicissitudines: quae etsi nobis optabiles in experiendo non fuerunt, in legendo tamen erunt jucundae. Habet enim praeteriti doloris secura recordatio delectationem. v, 12. There is nothing better calculated to delight your reader than the vicissitudes of fortune, and the changes which time brings
porum
with it though, while we experienced them, they have seemed perhaps undesirable, yet we shall find pleasure in reading of them. It is delightful when in smooth water to recall the stormy times
:
Laudem
sapientiae
statuo esse
v, 13.
maximam, non
aliunde
pendere, nee extrinsecus aut bene aut male vivendi suspensas habere rationes.
I
regard the greatest praise of wisdom to be, that man should: be self-dependent, and to have no doubts as to the proper method of living well or ill.
Saepissime et legi et audivi nihil mali esse in morte; in qua si resideat sensus, immortalitas ilia potius quam mors ducenda sit; sin sit amissus, nulla videri miseria debeal quae non sentiatur. v, 16.
AD FAMIL1ARES
I
467
nothing evil in death
it
;
is
Ad
Familiares.
for, if there
a survival of consciousness,
must be considered
immortality rather than death while, if consciousness is destroyed, that can hardly be reckoned unhappiness, of which we are
unconscious.
Plus
you.
tibi
quam
Your
Simus ea mente, quam ratio, et virtus praescribit, ut nihil in vita nobis praestandum praeter culpam, putemus: eaque cum careamus, omnia humana placate et moderate feramus.
VI, 1.
Let us be of that opinion, which reason and virtue dictate, that we have nothing to guard against in life except crime; and when we are free from that, we may endure everything else with patience and moderation.
VI, 1.
dissatisfied
with
his
own
fortune.
Misera
est ilia
enim consolatio,
tali
praesertim
civi
et
viro, sed
tamen
dolendum
citizen, yet
cuiquam
'Tis a feeble consolation, especially to such a man and such a an inevitable one, that there is nothing specially deplor-
able in
to all
is
common
Levis est consolatio ex miseria aliorum. VI, 3. The comfort derived from the misery of others is slight.
Conscientia rectae voluntatis maxima consolatio est rerum incommodarum nee est ullum magnum malum, praeter culpam. VI, 4.
:
indeed, the greatest consolation under adversity, to be conhaving always meant well, and to be persuaded that nothing but guilt deserves to be considered as a severe evil.
It
is,
scious of
legis,
et
humanae
468
AND WORKS
Ad
Familiares.
For to reflect on the misfortunes to which mankind in general are exposed, greatly contributes to alleviate the weight of those which we ourselves endure.
Vacare culpa
magnum
est solatium.
is
VII, 3.
To
a great comfort.
Rideamus
yikwra
SapSo'viov.
vil, 25.
Nihil
est,
nihil amabilius.
Nothing, believe me, is more beautiful than virtue; nothing more fair, nothing more lovely.
facile dijudicatur amor verus, et fictus, nisi aliquod incidat ejusmodi tempus, ut, quasi aurum igni, sic benevolentia fidelis periculo aliquo perspici possit: caetera sunt
Non
signa communia.
IX, 16.
is
A
what
pretended affection
fire is to
For adversity is to friendship the only infallible test to discover the genuine from the counterfeit. In all other cases they both have the
gold
cogitare
difficillima, ferre
quaecunque erunt.
IX, 17.
tate
You, with your wisdom, should aspire to what is noblest, medion what is most obscure, and welcome whatever the Fates
allot you.
appellare.
IX, 22..
The
right name.
IX, 22.
fools.
Omnia summa
x, 3-
consecutus
es,
Thou
way and
hast attained the highest rank, with virtue leading the fortune attending thee.
AD FAMILIARES
stantius
469
Nihil ex omnibus rebus humanis est praeclarius aut prae- Ad Familiar es. quam de republica bene mereri. X, 5.
Of
all
human
things there
is
sis
senatus
16.
quocumque
;
X,
Be
state
Culpa enim ilia, bis ad eundem, vulgari reprehensa proverbio est. X, 20. For to stumble twice against the same stone is a disgrace, you know, even to a proverb.
Nulla enim minantis auctoritas apud liberos
est.
XI, 3.
To
man
are
fiant,
Bellorum civilium hi semper exitus sunt, ut non ea solum quae velit victor, sed etiam, ut iis mos gerendus sit,
sit
quibus adjutoribus
In
civil
parta victoria.
XII,
18.
wars
must not only submit to the will of the victor, but must obey those who have aided in obtaining the victory.
In omnibus novis conjunctionibus interest, qualis primus aditus sit, et qua commendatione quasi amicitiae fores
aperiantur.
to the
XIII,
10.
In the formation of
new
friendships
(if I
it is
of importance to attend
so express myself) are
manner
in
may
open.
est
Ea
laus,
quae ab
iis
proficiscitur,
XV, 6.
is especially sweet when it comes from those whose have been the subject of eulogy.
own
Laetus
sum
laudari
me,
inquit
Hector,
opinor apud
all
Naevium, abs te, pater, laudato viro. XV, 6. I am delighted to be praised by one who is praised by
world.
the
47o
AND WORKS
I
Ad
Familiar es.
Omnes
XV,
Aliter scribimus, quod eos solos, quibus mittimus, aliter, quod multos lecturos putamus. XV, 21.
write differently when we think that those only to whom write will read our letters, and in a different style when our letters will be seen by many.
We
we
Nunquam
I shall
si
arrive safely.
AD QUINTUM FRATREM
Ad Quintum
Fratrem.
Maledicta et contumeliae cum abhorrent a Uteris, abj humanitate, turn vero contraria sunt imperio ac dignitati.
I,
1.
While
of
men
railing and abusive language are altogether unworthy of letters and of gentlemanly feeling, they are not less
Multis enim simulationum involucris tegitur, et quasi veils quibusdam obtenditur uniuscujusque natura f rons, oculi, vultus persaepe mentiuntur; oratio vero saepissime. I, 1. For every man's nature is concealed with many folds of dis:
guise,
eyes,
is
and covered as it were with various veils. His brows, his and very often his countenance are deceitful, and his speech most commonly a lie.
Nam
ut quisque est vir optimus, ita difficillime esse alios improbos suspicatur. I, 1. For the more virtuous any man is, the less easily does he suspect
others to be vicious.
Ea
Men
which
own
fault.
Eorum
The judgment
is
of those
who come
after us
is
truer, because
it
freed
from
feelings of
471
Iracundia cum in privata quotidianaque vita levis est animi atque infirmi, turn vero nihil est tarn deforme quam ad summum imperium etiam acerbitatem naturae adjungere.
II,
1.
While
mark
life,
of a
weak and
is
silly
mind
in
so also there
nothing so out
temper
in
high command.
Quam se ipse amans sine rivali. in, 8. How much in love with himself, and that
without a
rival.
AD QUIRITES
Tanquam bona
morbo
unt; sic
recreati,
valetudo jucundior est eis, qui e gravi AdQuirites. qui nunquam aegro corpore fuerhaec omnia desiderata magis quam assidue per-
quam
I,
cepta delectant.
Just as health
is
4.
to those who have recovered from a severe illness than to those who have never been ill, so we take more pleasure in what we have long wanted than in what
more delightful
we
nemo
VI.
De
Claris
No
Pads
Oratoribus.
subject.
civitatis
comes otiique socia et jam bene constitutae quasi alumna quaedam eloquentia. XII. Eloquence is the comrade of peace, the ally of leisure, and, in some sense, the foster child of a well-ordered state.
est
Ut enim hominis
est eloquentia.
decus ingenium,
lumen
XV.
it is
As
genius
is
eloquence that
illuminates genius
472
Brutus
AND WORKS
XLVII.
De
Claris
Oratoribus.
Magni interest quos quisque audiat quotide domi; quibuscum loquatur a puero, quemadmodum patres, paedagogi,
matres etiam loquantur.
It
LVIII.
home
to whom we listen in our daily with whom we have been accustomed to talk from boyhood upwards, and how our fathers, our tutors, and our mothers
life;
speak.
Et praeteritorum recordatio
tatio reliquorum.
Sad are
est acerba et acerbior exspecItaque omittamus lugere. lxxvi. our memories of the past, and sadder still our anticipa-
Therefore
let us
banish mourning.
Quum honos sit praemium virtutis, judicio studioque civium delatum ad aliquem, qui eum sententiis, qui suffrages adeptus est, is mihi et honestus et honoratus videtur. lxxxi.
Since the reward of virtue is honor, bestowed on a man by the judgment and the good will of his fellow-citizens, I maintain that whoever has succeeded in gaining their good opinion and their suffrages is an honest and an honorable man.
DE AMICITIA
DeAmicitia.
assentior iis, qui haec nuper dissere coeperunt, cum corporibus simul animos interire atque omnia morte deleri. Plus apud me antiquorum auctoritas valet, .... qui dicebant animos hominum esse divinos, iisque, cum e corpore excessissent, reditum in coelum patere, optimoque et justissimo cuique expeditissimum. Ill, IV. Nor am I able to agree with those who have begun to affirm
Neque
that the soul dies with the body, and that all things are destroyed by death. I am more inclined to be of the opinion of those among the ancients, who used to maintain that the souls of men are divine,
who
and when they leave the body they return to heaven, and those are the most virtuous and upright have the most speedy
entrance.
DE AMICITIA
Cum
non
satis
473
propinquis amicitiam natura ipsa peperit: sed ea De Amicitia. habet firmitatis. V. Nature herself has produced friendship with relations, but it is
Agamus,
Minerva.
V.
Hoc praestat
manet.
amicitia propinquitati, quod ex propinquitate benevolentia tolli potest, ex amicitia non potest; sublata enim benevolentia, amicitiae nomen tollitur, propinquitatis
v.
Friendship has this advantage over kinship, that the latter may exist without good feeling, the former cannot; if there be no good feeling the very name of friendship vanishes, while that of
kinship continues.
Qua quidem
Divitias
[amicitia'] haud scio, an, excepta sapientia, quidquam melius homini sit a diis immortalibus datum.
alii alii
potentiam,
praeponunt, bonam alii valetudinem, alii honores, multi etiam voluptates. Belluaest;
ilia
autem superiora,
caduca et incerta posita non tarn in nostris consiliis, quam in fortunae temeritate. Qui autem in virtute summum bonum ponunt, praeclare illi quidem sed haec ipsa virtus amicitiam et gignit, et continet: nee sine virtute amicitia esse ullo pacto potest. VI.
:
If we except wisdom, I know not if the immortal gods have bestowed so excellent a gift on mankind, as friendship. Some give the preference to riches, some to health, some to power, others to honors, and not a few to pleasures. This last, indeed, constitutes the happiness of brutes and even the former are frail and uncertain, depending, not so much on our own prudence, as on the caprice of fortune. Those, on the other hand, who place their chief happiness in virtue act an excellent part but then this virtue begets and maintains friendship; which, without it, could by no
;
means
subsist.
communicansque
leviores.
VI.
it
throws a greater luster on prosperity, while lightens adversity by sharing in its griefs and anxieties.
Friendship
;,
474
DeAmicitia.
AND WORKS
Est autem amicitia nihil aliud, nisi omnium divinarum, humanarumque rerum cum benevolentia, et caritate summa consensio qua quidem haud scio, an, excepta sapientia, quidquam melius homini sit a diis immortalibus datum. VI.
:
Friendship only truly exists where men harmonize in their views of things human and divine, accompanied with the greatest love and esteem; I know not whether, with the exception of wisdom, the gods have given us anything better.
Quocirca
VII.
et
quod
mortui vivunt.
For
in this
way we may
needy have abundance, the weak are absurd, the dead are alive.
say that the absent are present, the in health, and, what may seem
Quae enim domus tarn stabilis, quae tarn firma civitas quae non odiis atque dissidiis funditus possit everti?
There
is it
est,
VII.
j
!
no house so strong, no state so firmly established, that may not be levelled to the ground by internal hatreds and dis-
sensions.
qui
intuetur,
tanquam exemplar
aliquod intuetur sui. Quocirca et absentes adsunt, et egentes abundant, et imbecilli valent et, quod difficilius; dictu est, mortui vivunt: tantus eos honos, memoria, VII. desiderium prosequitur amicorum. He who looks upon a true friend looks upon a sort of copy of himself. Wherefore the absent are present, the poor are rich, the sick are made whole and, more difficult still, the dead live; so far, are they followed by the respect, the memory, the yearning affection of their friends.
si
xi.
sin that
no excuse for
we
Haec igitur prima lex amicitiae sanciatur, ut ab amici? honesta petamus, amicorum causa honesta faciamus. xiii Let this, therefore, be established as a primary law of friend' ship, that we expect from our friends only what is honorable and for our friends' sake, do what is honorable.
DE AMICITIA
Ergo hoc proprium
est animi
475
constituti, et laetari
bene
DeAmicitia.
bonis rebus et dolere contrariis. XIII. This is the evidence of a well-trained mind, that it delights what is good and recoils instinctively from what is bad?
in
Solem enim
tollunt
mundo
xiil.
life
Robbing
of friendship
is
like
Non enim solum ipsa fortuna caeca est, sed eos etiam plerumque efficit caecos, quos complexa est. Itaque efferuntur illi fere fastidio, et contumacia: neque quidquam insipiente fortunato intolerabilius fieri potest. Atque hoc quidem videre licet, eos, qui antea commodis fuerunt moribus, imperio, potestate, prosperis rebus immutari, sper-
nique ab
iis veteres amicitias, indulged novis. XV. For not only is Fortune herself blind, but she generally causes those men to be blind whose interests she has more particularly embraced. Therefore they are often haughty and arrogant; nor is there anything more intolerable than a prosperous fool. And hence we often see that men, who were at one time affable and agreeable, are completely changed by prosperity, despising their old friends, and clinging to new.
Negabat ullam vocem inimiciorem amicitiae potuisse reperiri, quam ejus, qui dixisset, ita amare oportere, ut si
aliquando esset osurus.
XVI.
used to maintain that there was no maxim more at variance with friendship than that of the man who said, "that we ought always to indulge in love as if we might one day hate."
He
Ennius recte
adversity."
Amicus
xvn. known in
est fama, nee mediocre telum ad res gerendas existimare oportet benevolentiam civium, quam blanditiis et assentando colligere turpe est; virtus, quam sequitur caritas, minime repudianda est. xvn.
Popularity indeed,
scension to vice,
is
if purchased at the expense of base condea disgrace to the possessor, but when it is the
it
is
an acquisition which no
476
DeAmicitia.
AND WORKS
est,
quam
fronte
xvni.
Open and avowed hatred far more becomes a man of straightforward character than concealing his sentiments with a smooth brow.
Vulgo
dicitur
multos modios
sit.
salis
amicitiae
munus expletum
xix.
It is a common proverb that many bushels of salt must be eaten together, before the duties due to friendship can be fulfilled.
Maxima
Great
est
is
enim
XIX.
the
exprobrantium:
in
memorare,
That
is
qui contulit.
XX.
men who are always raking up kindhe who has received them ought to have them on his memory, and not the man who has conferred them.
a detestable race of
nesses conferred;
Quod nisi idem in amicitiam transferatur, verus amicus numquam reperietur; est enim is quidem tamquam alter
idem.
xxi. Unless this idea be adopted in friendship, a true friend will never be found; for he is like a second self.
Rarum genus (et quidem omnia praeclara rara) nee quidquam difficilius, quam reperire, quod sit omni ex parte in
suo genere perfectum. XXI. A kind of men, few and far between (all good things are for there is nothing more difficult to find than perfection.
rare),
Plerique neque in rebus humanis quidquam bonum norunt, nisi quod fructuosum sit, et amicos, tanquam pecudes, eos
se
maximum
fruc-
tum
esse capturos.
affairs of this
it is
XXI.
In the
unless
live stock,
world many men recognize nothing as good, and value their friends as they do their proportionately to their expectation of making a profit
also profitable,
out of them.
DE AM1C1TIA
Maximum ornamentum
verecundiam.
XXII.
477
qui ex ea tollit DeAmkitia.
amlcitiae
tollit,
He
modesty from
natura data
est,
non vitiorum
companion of
vice.
vetamur
consiliis,
et acta agimus,
quod
XXII.
For this is a preposterous idea, and we do over that which has been done, which we are prohibited to do by the ancient proverb.
Tarentino Archyta: "Si quis in coelum ascendisset, naturamque mundi, et pulchritudinem siderum perspexisset, insuavem illam admirationem ei fore; quae jucundissima
fuisset,
si
If a
man
could
aliquem, cui narraret, habuisset." XXIII. mount to heaven and survey the mighty unito share in his
verse with all the planetary orbs, his admiration of their beauties
Illud Catonis:
mereri, quam eos amicos, qui dulces videantur saepe dicere, hos numquam." XXIV.
those friends
ions; the
illos
verum
Bitter and unrelenting enemies often deserve better of us than whom we are inclined to regard as pleasant compan-
former often
tell
xxiv.
the
handmaid of
vices,
be
far
removed from
friendship.
Molesta Veritas
est
venenum
est, si quidem ex ea nascitur odium, quod amicitiae; sed obsequium multo molestius,
ferri sinit.
is grievous indeed, if it gives birth to ill-feeling which friendship; but more grievous still is the complaisance which, by passing over a friend's faults, permits him to drift
Truth
headlong to destruction.
478
DeAmicitia.
AND WORKS
Cujus autem aures veritati clausae sunt, ut ab amico verum audire nequeat, hujus salus desperanda est. xxiv.
When
listen to
it
a man's ears are so closed to the truth that he will not even from a friend, his condition is desperate.
non
quam
videri
The
fact
is,
many
wish to appear
possessor.
Vivit tamen semperque vivet; virtutem enim amavi xxvil. viri, quae exstincta non est.
illius
He
lives
and
shall
it
was
his virtues
that
die.
rebus, quas mihi aut fortuna aut habeo, quod cum amicitia Scipionis possim comparare. In hac mihi de re publica consensus, in hac rerum privatarum consilium, in eadem requies plena oblectationis fuit. Numquam ilium ne minima quidem re offendi, quod quidem senserim; nihil audivi ex eo ipse, quod nollem. XXVII.
Equidem ex omnibus
natura
tribuit,
nihil
Of all the blessings which fortune or nature has bestowed upon me, I have nothing that compares with the friendship of Scipio. I have found it a companion in all public affairs, a counsellor in private, and always a source of the truest satisfaction. I am not conscious of ever having given him the slightest offense; and, surely I never heard a word from his lips which I had cause to wish he had not uttered.
ut
ita
virtutem
locetis, sine
qua amicitia
non
putetis.
ship that
XXVII.
is
I entreat
you to remember that there can be no true friendnot founded on virtuous principles, nor any acquisition,,
is
preferable to friendship.
DE DIVINATIONE
De
Divinatione.
Jacet enim corpus dormientis ut mortui; viget autem et v v t animus. I, 30. The body of the sleeper lies as though dead but his mind lives; and flourishes.
i j
;
DE DIVINATIONE
Negat
sine furore
I,
479
num
esse pOSSe.
Democritus maintains that there can be no great poet without a spice of madness.
Affert vetustas omnibus in rebus longinqua observatione incredibilem scientiam. 1, 49. A long course of careful observations, conducted for a length of time, brings with it an incredible accuracy of knowledge*
Certis rebus certa signa praecurrunt.
Certain signs precede certain events.
I,
52.
Quod cum
fuerit,
ita
sit,
nihil est
eodemque modo
efficientes,
nihil est
id
ipsum
natura continet.
55.
Since this is so, nothing has ever happened which has not been predestinated, and in the same way nothing will ever occur, the
may
"Qui
sibi
monstrant viam;
Quibu' divitias pollicentur, ab iis drachmam ipsi petunt." [Ennius, quoted by Cicero] 1, 58. Though they know not the path, they'll point the way to others;
They'll promise wealth, and then they'll beg a trifling loan.
enim sunt
ii
scientia,
imperat:
alteri
monstrant viam
Quibu' divitias pollicentur, ab iis drachmam ipsi petunt. De his divitiis sibi deducant drachmam, reddant cetera." [Ennius, quoted by Cicero] I, 58.
haruspices,
In short, I care nothing for the Marsian augurs, nor the village nor strolling astrologers, nor for the gipsy priests of Isis, nor for the interpreters of dreams; for these possess neither science nor art, but are superstitious priests and impudent impostors. They are either lazy or mad, or act to gain a livelihood; knowing not the right path themselves, they pretend to show it to others, promising riches to gain a penny.
4 8o
CICERO, A
De
Divmatione.
Quod enim munus reipublicae afferre majus, meliusve possumus, quam si docemus, atque erudimus juventutem.
II,
2.
What
state,
nobler employment, or [what] more advantageous to the than that of the man who instructs the rising generation
Bene qui conjiciet, vatem hunc perhibebo optimum. II, 5. The best guesser I shall always call the most sagacious prophet.
Nihil enim est tarn contrarium rationi et constantiae fortuna. II, 7. Nothing is so unreasonable and inconsistent as fortune.
quam
Atque ego ne utilem quidem arbitror esse nobis futurarum rerum scientiam. Quae enim vita fuisset Priamo, si ab
adolescentia scisset, quos eventus senectutis esset habiturus! II, 9.
For my own part, I can never believe that a knowledge of future events would be of advantage to us; for what a miserable life Priam would have led, had he known the occurrences that were to befall him in his old age!
Quod
n, 13.
nemo
is
Nobody
employed
what
we
are all
in
gazing at the
stars.
Etsi causae non reperiantur istarum rerum, res tamen ipsae observari, animadvertique potuerunt. II, 21.
phenomena,
be impossible to discover the occult causes of natural it is well to observe and animadvert upon the facts themselves.
it
Though
still
cit.
etiam
si,
cur
fiat,
nesesse;
evenerit, ostentum
censet.
22.
not surprised at what he sees frequently, even though he be ignorant of the reason; whereas if that which he never beheld before happens, then he calls it a prodigy.
A man
Causarum ignoratio
astonishment.
II, 22 in re nova mirationem facit. In extraordinary events ignorance of their causes produce
DE DIVINATIONE
Eumque
terrorem, quern
II,
481
tibi rei
ratione depellito.
28.
Drive away by the principles of nature that terror which may have been caused by the strangeness of the event.
Nihil
fieri
quicquam
fit
quod
fieri
factum est, quod fieri potuit, porNulla igitur portenta sunt. 11, 28.
Nothing can be done without a cause, nor has anything been done which cannot again be done. Nor, if that has been done which could be done, ought it to be regarded as a prodigy. There are, therefore, no prodigies.
Nihil debet esse in philosophia commentitiis fabellis
II,
!
loci.
38.
Quotusquisque
plerique etiam
est
qui
'.
summum bonum
39.
is
people are there who deny that pleasure Some even call it the highest good.
How
many
a good
Nihil est
quod deus
is
efficere
non
possit.
II,
41.
There
nothing which
II,
God
cannot accomplish.
Facile princeps.
Easily
first.
42.
We
Ex
II,
error stultitia est dicenda. II, 43. must not say that every mistake is a foolish one.
ut ab ipsis didicimus,
falsis,
verum
effici
non
potest.
51.
From
we
can
Quid
est quin,
incertum quam talorum jactus? tamen, nemo saepe jactans, Venerium jaciat aliquando, nonnunquam etiam iterum et tertium. 11, 59. What is more uncertain that the fall of the dice? Yet everyone will occasionally throw the double six, if he throws often
est tarn
482
AND WORKS
sit.
De
Divinatione.
Nec enim
jj
o.
God
suspiciendam, admirandamque hominum generi, pulchritudo mundi, ordoque rerum coelestium cogit confiteri.
II,
72.
beauty of the world and the orderly arrangement of everything celestial makes us confess that there is an excellent and eternal nature, which ought to be worshipped and admired by all
The
mankind.
Nec vero
II,
72.
We
DE FINIBUS
DeFinibus.
Nec modus
quaerendi defatigatio turpis est, quum id quod quaeritur sit pulcherrimum. 1. I, There should be no end to the search for truth, other than the finding of it; it is disgraceful to grow weary of seeking when
the object of your search
is
so beautiful.
I,
1 1.
What we
call pleasure,
and rightly
so, is
num
of
vita vexatur.
is
I,
13.
is
Through ignorance
man
is
bad, the
life'
Aequo, animo e vita, quum ea non placeat, tanquam e theatro, exeamus. I, 15.
If life
is
it
as
calmly as though!
we were
Accedit etiam mors, quae, quasi saxum Tantalo, semper; impendet: turn superstitio, qua qui est imbutus, quietus:
esse
nunquam
potest.
I,
18,
DE FINIBUS
Death approaches, which
stone over Tantalus;
483
racked with
it
is always impending over us, like the DeFinibus. then comes superstition, and he who is can never have peace of mind.
natura cognita, levamur superstitione, liberamur mortis metu, non conturbamur ignoratione rerum, e qua ipsa horribiles exsistunt saepe formidines.
I,
Omnium rerum
19.
superstition, freed
the nature of all things, we are relieved from from the fear of death, and not disturbed by ignorance of circumstances, from which often arise fearful terrors.
When we know
7.
briefly expressed,
in leading
Homo
natus.
ad duas
II,
res,
ad intelligendum
et
ad agendum,
acting.
est
13.
Man
thinking and
Natura cupiditatem ingenuit homini veri videndi. 11, 14. Nature has inspired man with the desire of seeing the truth.
Quam
II,
ilia
sui,
si
videretur!
if
16.
What
be seen!
would Virtue
excite
she could
11,
17.
Money
is
the creator of
many
pleasures.
Temperantia
II,
est
19.
Temperance
reason.
Officii
is
fructus
sit
ipsum
officium.
11,
22.
itself.
In omni arte, quavis scientia, vel in ipsa virtute, optimum quidque rarissimum est. II, 25. In every art, science, and we may say even in virtue itself, the
best
is
484
DeFinibus.
AND WORKS
28.
rich.
An id exploratum cuiquam potest esse, quomodo sese habiturum sit corpus, non dico ad annum, sed ad vesperam?
II,
28.
find out
Can anyone
how
his
body
shall be, I
cibi
condimentum
esse
famem,
is
28.
I hear Socrates saying that the best seasoning for food hunger, for drink, thirst.
dictis discrepant.
his
II,
30.
words.
Vulgo
Euripides: concludam,
actl labor es: nee male potero, Latine Graecum enim hunc versum nostis omnes: Suavis laborum est praeteritorum memoria. II, 32. It is generally said, "Past labors are pleasant." Euripides says, for you all know the Greek verse, "The recollection of past labors
enim
dicitur,
Jucundi
si
is
pleasant."
Jucundi
acti labores.
11,
32.
Maximas vero
dominante.
virtutes jacere
omnes necesse
est,
voluptate
;
II,
35.
lie
leves, futiles?
Ill,
11.
Who
trifling?
fickle,
and
the
Nihil est enim de quo minus dubitari possit, quam et hon^ esta expetenda per se, et eodem modo turpia per se esse
fugienda.
ill,
11.
DE FINIBUS
There
that good
is
is
485
nothing about which we can have less doubt than DeFinibus. to be sought for its own sake, and evil for its own
sake to be avoided.
Nee vero pietas adversus deos, nee quanta his gratia debeatur, sine explicatione naturae intelligi potest. Ill, 22. It is not possible to understand the meaning of reverence for
the gods, nor
we
we owe
them, unless
quam
Tarquinius,
Tarquinius,
22.
The wise man better deserves the title of king than who could not rule either himself or his people.
We
the
community
human
race.
sit primum nosmet ipsos commendatos esse primamque ex natura hanc habere appetitionem, ut conservemus nosmet ipsos. IV, 10.
Sed positum
nobis,
Let it first be granted that we are given in charge to ourselves, and that the first thing we receive from nature is the instinct of
self-preservation.
Animi
V,
cultus
ille
erat
ei
19.
were food
Nee voluptatem
Omnium rerum
The
V, 21.
beginnings of
V, 23.
effici.
V, 25.
486
AND WORKS
DE HARUSPICUM RESPONSIS
De
Haruspicum
Responsis.
Deorum
tela in
impiorum mentibus
figuntur.
XVIII.
n^fe darts of the gods are fixed in the minds of the wicked.
diis quidem immortalibus quae potest homini major esse poena, furore atque dementia? XVIII.
What greater punishment can the immortal gods than madness or insanity?
Popularis aura.
XX.
inflict
on man
The
Neque enim
ullus alius discordiarum solet esse exitus, inter claros et potentes viros, nisi aut universus interitus,
aut victoris dominatus, aut regnum. XXV. When men of eminence and power are driven to take up arms against each other, one of two things is certain to happen either
:
both parties are completely annihilated, or the victor becomes master and sovereign of the state.
Our
Haec deorum immortalium vox, haec paene oratio judi-' canda est, cum ipse mundus, cum aer atque terrae, motu quodam novo contremiscunt et inusitato aliquid sono incredibilique praedicunt. xxvm.
This ought almost
of the immortal gods,
to be regarded as the voice
when
the globe
itself,
shake with an unusual agitation and prophesy to us in accents that we have never before heard and which seem incredible.
DE IMPERIO
Delmperio
Cn. Pompeii.
CN.
POMPEII
sic existimo, in summo imperatore quattuor ha:' re s inesse oportere, scientiam rei militaris, virtutem, auc toritatem, felicitatem. x, 28.
Ego enim
In my opinion there are four qualifications necessary for a ver: great general: skill in his profession, courage, authority, and luci
DE LEGIBUS
487
DE LEGE AGRARIA
Non ingenerantur hominibus mores tarn a stirpe generis DeLege ac seminis, quam ex iis rebus, quae ab ipsa natura loci, Agrana. et a vitae consuetudine suppeditantur, quibus alimur et vivimus. II, 35. Men's characters and habits are not influenced so much by the peculiarities of family and race as by the physical features of their things by which we are native land and their mode of life supported and by which we live.
Singularis homo, privatus, nisi magna sapientia praeditus, vix facile sese regionibus officii, magnis in fortunis et
copiis continet.
II,
35.
individual in a private station, unless he be endued with great wisdom, cannot confine himself in due bounds if he reach
An
DE LEGIBUS
DeLegibus. Potius ignoratio juris litigiosa est quam scientia. I, 6. spirit often found with ignorance than litigious is more The with knowledge of law.
Lex
est ratio summa, insita in natura, quae jubet ea quae facienda sunt prohibetque contraria. I, 6. Law is the highest expression of the system of nature, which ordains what is right and forbids what is wrong.
Animal hoc providum, sagax, multiplex, acutum, memor, plenum rationis et consilii, quern vocamus hominem, praeclara quadam conditione generatum est a supremo Deo. Solum est enim ex tot animantium generibus, atque naturis, particeps rationis, et cogitationis, cum cetera sint omnia Quid est autem, non dicam in homine, sed in expertia. omni coelo, atque terra, ratione divinius? quae cum adolevit, atque perfecta est, nominatur rite sapientia. I, 7.
This provident, sagacious, versatile, subtle, thoughtful, rational, wise animal, which we call man, has been created by the supreme
488
DeLegibus.
AND WORKS
with a certain noble privilege; for he alone of so many and sorts of animals is partaker of reason and reflection, when all others are destitute of them. But what is there, I will not say in man, but in all heaven and earth, more divine than reason? which, when it has arrived at maturity, is properly termed wisdom.
civitas
7.
hominum
existimanda.
is
I,
to be regarded as a state, of
and men.
Itaque ex tot generibus nullum est animal, praeter hominem, quod habeat notitiam aliquam Dei: ipsisque in hominibus nulla gens est neque tarn immansueta neque tarn fera, quae non, etiam si ignoret, qualem habere Deum Ex quo efficitur illud, ut deceat, tamen habendum sciat. is agnoscat Deum, qui, unde ortus sit, quasi recordetur, ac
noscat.
1,
8.
Therefore, of all kinds of animals there is none except man among men there is not a nation so that has knowledge of a God savage and brutish which, though it may not know what kind of a being God ought to be, does not know that there must be one. From this we may infer that, whoever, as it were, recollects and knows whence he is sprung, acknowledges the existence of a God.
;
erexit,
his thoughts to the contemplation of heaven, as if with him by relationship and his ancient home.
Nature has bestowed on man alone an erect stature and raised it were connected
malae consuetudinis, ut ab a natura dati, exorianextinguantur ea tamquam igniculi contraria. vitia 1, 12. confirmentur turque, et
Tanta autem
est corruptela
There is in fact such corruption engendered in man by bad nature, habits, that the sparks, as it were, of virtue, furnished by around up spring kind opposite an of vices and are extinguished, him and become strengthened.
Nihilo sese plus
Let not
diligat.
I,
12.
man
love himself
his neighbor.
DE LEGIBUS
489
Insectantur furiae, non ardentibus taedis, sicut in fabulis, DeLegibus. sed angore conscientiae, fraudisque cruciatu. I, 14. The furies pursue men, not with burning torches, as the poets feign, but with remorse of conscience and the tortures arising from guilt.
Justitia est
Justice
is
obtemperatio
scriptis legibus.
I,
15.
Ipsum enim bonum non est opinionibus, sed natura. I, 17. The absolute good is not a matter of opinion but of nature.
Nam
primum
divinum, ingeniumque in se suum, sicut simulacrum aliquod, dedicatum putabit; tantoque munere deorum semper
sentiet: et,
intelliget,
cum
se ipse per-
a natura subornatus in vitam venerit, quantaque instrumenta habeat ad obtinendam, adipiscendamque sapientiam. I, 22. For whoever is acquainted with his own mind will, in the first place, feel that he has a divine principle within him, and will regard his rational faculties as something sacred and holy; he will always both think and act in a way worthy of so great a gift of the gods; and when he shall have proved and thoroughly examined
himself, he will perceive
quemadmodum
come
how well furnished by nature he has and what noble instruments he possesses to obtain and secure wisdom.
into
life,
Movemur nescio quo pacto locis ipsis, in quibus eorum quos diligimus aut admiramus adsunt vestigia. II, 2.
j
We
j
are moved, I
know
traces of those
who
we
find
We
acts
Erat enim ratio profecta a rerum natura, et ad recte faciendum impellens, et a delicto avocans: quae non turn
denique incipit lex esse,
est.
cum
cum
orta
Orta autemsimul est cum mentedivina. Quamobrem, lex vera, atque princeps, apta ad jubendum, et ad vetandum, ratio summi Jovis. 11, 4.
490
DeLegibus.
AND WORKS
from the nature of things, impelling and deterring him from what is wrong, which does not then begin to be law, when it is found written down in books, but was so from the first moment of its existence. It was co-eternal with the divine mind, wherefore true and ultimate law fitted to direct as well as to forbid is the mind of the Supreme Being.
reason, derived
is
man
to
was what
right,
Hanc
igitur video
legem neque hominum ingeniis excogitatam, nee scitum aliquod esse populorum, sed aeternum quiddam, quod universum mundum regeret, imperandi prohibendique sapientia. Ita principem legem illam, et ultimam, mentem esse dicebant, omnia ratione aut cogentis, aut vetantis dei: ex qua ilia lex, quam dii humano generi dederunt, recte est laudata. Est enim ratio, mensque sapientis, ad jubendum, et ad deterrendum idonea. II, 4.
I see, therefore, that this
law has not been devised by the ingenuity of man, nor yet is it a mere decree of the people, but an eternal principle which must direct the whole universe, directing and forbidding everything with entire wisdom. Thus they used to say that the mind of the divinity was the real and ultimate law which orders or forbids everything justly; hence that law which the gods have assigned to mankind is justly deserving praise, for it is the reason and mind
of a wise being well fitted to direct or forbid.
Lex, justorum injustorumque distinctio, ad illam antiquissimam, et rerum omnium principem expressa naturam, ad quam leges hominum diriguntur, quae supplicio improbos afficiunt, defendunt ac tuentur bonos. II, 5. Law, therefore, is what distinguishes right and wrong, derived'
from nature herself, the most ancient principle of all things, to: which the laws of men direct themselves, when they impose penalties on the wicked, and protect and defend the good.
Qualis quisque sit, qua mente, qua pietate colat religiones,, intueri deos piorumque et impiorum habere rationem.,
n, 7-
The
gods
know what
what
is;
the}
tcj
feelings
DE LEG IBUS
Animi labes nee diuturnitate vanescere nee amnibus
elui potest.
II,
491
ullis
DeLegibus.
10.
The stains that affect the mind cannot be got rid of by time, nor yet can the multitudinous waters of the sea wash them away.
Illud bene dictum est a Pythagora, doctissimo viro, turn et pietatem, et religionem versari in animis, cum
II,
maxime,
That
piety
II.
and religion
our
souls,
divine services."
Donis impii ne placare audeant deos, Platonem audiant, qui vetat dubitare, qua sit mente futurus Deus, cum vir nemo bonus ab improbo se donari velit. II, 16. Let the impious listen to Plato, that they may not dare to
propitiate the gods with gifts, for he forbids us to doubt
feelings
is
what
entertain towards such, whenever a good unwilling to accept gifts from the wicked.
God must
man
Nam
non solum
quaedam
is
ars
also
etiam docendi.
19.
knowing a
Vere dici potest, magistratum legem esse loquentem; legem autem, mutum magistratum. HI, 1. It may truly be said that the magistrate is a speaking law, and
the
law
is
a silent magistrate.
2.
He who
command.
non
2.
state
magistrates.
492
DeLegibus.
AND WORKS
Licet videre, qualescumque summi civitatis viri fuerunt, talem civitatem fuisse quaecumque mutatio morum in principibus exstiterit, eandem in populo secuturam. Ill, 14. Thou mayest plainly see that such as the chief men of the state have been, such also has been the character of the state; and whatever change of manners took place in the former, the same
:
latter.
quam quod
ait,
musicorum
Ill,
cantibus,
status.
14.
This observation is much more certain than that of Plato, who pretends that a change in the songs of musicians is able to change the feelings and conditions of a state.
Nam
ego
in ista
sum
sententia,
qua
te fuisse
semper
scio,
Ill, 15. nihil ut fuerit in suffragiis voce melius. For I am of the same opinion as you have always been, that open, "viva voce" voting is the best method at elections.
Quamobrem
suffraganda nimia libido in non bonis causis eripienda fuit potentibus, non latebra danda populo, in qua, bonis ignorantibus, quid quisque sentiret, tabella vitiosum occultaret suffragium. Itaque isti rationi neque lator quisquam est inventus, nee auctor umquam bonus.
Ill,
15.
Wherefore the powerful ought rather to have been deprived of their power of influencing votes for bad purposes, than that the ballot should have been conferred on the people, whereby corrupt
votes are concealed, virtuous citizens being left in the dark as to Wherefore no good man has ever been the sentiments of each. found to bring forward or propose such a law.
Excitabat enim fluctus in simpulo. ill, 16. For he used to raise a storm in a teapot.
Nam
magna
brevitas, non modo senatoris sed etiam oratoris, laus est in sententia. Ill, 18.
For brevity is the best recommendation of a speech, not only in the case of a senator, but in that, too, of an orator.
DE NATURA DEORUM
493
DE NATURA DEORUM
Haud
scio
fides
etiam De Natura
virtus,
et societas generis
justitia tollatur.
1,
humani
2.
et
una excellentissima
Deorum.
I am disposed to think that if reverence for the gods were destroyed, we should also lose honesty and the brotherhood of mankind, and that most excellent of all virtues, justice.
id, quod de Pythagoreis accepiquid anirmarent in disputando, cum ex iis quaereretur, quare ita esset, respondere solitos, "ipse dixit;" "ipse" autem erat Pythagoras. I, 5. Nor am I accustomed to approve of that which we have heard
soleo
si
about the Pythagoreans, who they say used to answer, when they made an assertion in discussing a subject, if they were asked why it was so, "He himself has said it." Now this "he" was Pythagoras.
Non
in disputando,
I,
quam
rationis
momenta quaerenda
5.
We
of authority.
interitu sententiae
quoque occidunt,
I,
5.
utterances do not die with him, but they lose, perhaps, something of the brilliancy with which he endowed them.
A man's
natura.
omnium animis deorum notionem impressit ipsa Quae est enim gens, aut quod genus hominum, quod non habeat sine doctrina anticipationem quandam
In
deorum?
1,
16.
Nature herself has imprinted on the minds of all the idea of a God. For what nation or race of men is there that has not, even without being taught, some idea of a God?
Quae enim nobis natura informationem deorum ipsorum dedit, eadem insculpsit in mentibus, ut eos aeternos, et
beatos haberemus. I, 17. For the same nature, which has given to us a knowledge of the gods, has imprinted on our minds that they are eternal and happy.
494
DeNatura
Deorum.
AND WORKS
I,
18.
In animi securitate vitam beatam ponimus. We posit a happy life in tranquillity of mind.
20.
et cogitantem,
et
Who
Ut
who
foresees, considers,
and per-
tragici poetae,
potestis, confugitis
explicare argumenti exitum non ad deum. I, 20. poets, when you cannot work out your denoue-
quum
ment
satisfactorily,
you
call the
Deity to your
aid.
Quanto
I,
diutius considero, tanto mihi res videtur obscurior. 22 (Simonides to Hiero.) The more I think over the matter, the more difficult of com
it
prehension
seems to me.
Utinam
vincere.
32.
it
Would
the false!
that
were
as easy for
me
Ut Ennius
"Simia quam
says:
similis,
!"
As Ennius
"How
like to
us
Superstitio, in
religio,
quae
wor-
Dei
42.
Superstition
ship of
a senseless fear of
God,
God.
2, 7.
Time
effaces
the
utterances
of
opinion,
judgments of nature.
esse tarn apertum, tamque perspicuum, cum coelum suspeximus, coelestiaque contemplati sumus, quam
Quid potest
495
aliquod numen praestantissimae mentis, quo haec DeNatura Deorum. regantur? Quod qui dubitet, haud sane intelligo, cur non idem, sol Quid enim est hoc illo sit, an nullus sit, dubitare possit. evidentius? Quod nisi cognitum comprehensumque animis haberemus, non tarn stabilis opinio permaneret, nee confirmaretur, diuturnitate temporis, nee una cum seculis
aetatibusque
hominum
inveterare potuisset.
Etenim
vide-
mus, caeteras opiniones fictas atque vanas diuturnitate extabuisse. Quis enim hippocentaurum fuisse, aut chimaeram putat? quaeve anus tarn excors inveniri potest, quae ilia, quae quondam credebantur apud inferos portenta, extimescat? Opinionum enim commenta delet dies: naturae judicia confirmat. Itaque et in nostro populo, et in caeteris, deorum cultus religionumque sanctitates exist|unt in dies majores, atque meliores. II, 2.
! i
view the heavens, and contemplate the celestial anything be plainer, or appear with clearer evidence, than that there is a Deity of most consummate wisdom, by whom they are governed ? He that entertains any doubt of this may, in my opinion, with equal reason, doubt the existence of the sun. For, wherein is the one more evident than the other? Had not mankind been thoroughly convinced of the truth of this opinion, it could never have acquired so firm a footing, never have been able to make its way through so many ages and generations, nor to have gained new confirmation by length of time: for we see that all other vain and fictitious notions are at length quite exploded. Who now believes there ever was an hippocentaur, or chimera? Or where is the old wife so stupidly silly as to dread the infernal monsters that were heretofore believed to exist?
bodies, can
When we
For time, which effaces all feigned hypotheses, establishes and confirms the judgments of nature. Hence it is, that the veneration paid the divine beings, and the sacred rites of religion, both with us, and among other nations, daily gain ground and improve.
idcirco
ars
is
nulla
no
art.
28.
superstitions.
Cultus autem deorum, est optimus, idemque castissimus, atque sanctissimus, plenissimusque pietatis, ut eos semper
496
DeNatura
AND WORKS
Deomm.
pura, integra, incorrupta, et mente, et voce veneremur; non en im philosophi solum, verum etiam majores nostri superstitionem a religione separaverunt. II, 28.
most holy worship of the gods, and most consistent with our duty, is to worship them always with purity and sincerity of words and thoughts; for not only philosophers, but even our ancestors have drawn a distinction between superstition and religion.
best, the purest, the
is
The
that which
dum
Nihil est praestantius deo; ab eo igitur necesse est munNulli igitur est naturae obediens aut subjectus regi.
deus.
Omnem
is
11,
30.
superior to God; he must therefore govern the world. God is subject to no principle of nature, therefore he rules the whole of nature.
Nothing
Meliora sunt
fecta sunt.
II,
ea,
ilia,
34.
are perfected by nature are better than those things which are finished by art.
Ex quo eventurum
addubitare
ignesceret.
11,
46.
philosophers think that that will happen at last be
tanquam
56.
The
ut
Deus homines humo excitatos, celsos, et erectos constituit, deorum cognitionem coelum intuentes, capere possent.
Sunt enim homines non ut incolae, atque habitatores^ sed, spectatores superarum rerum, atque coelestium, quarum spectaculum ad nullum aliud genus animantium
quasi
pertinet.
II,
$6.
the ground, tall and up-' with eyes looking to heaven, they might acquire a knowledge of the Divine Being. For men are not to consider themselves as mere dwellers on earth, but as it were placed there to gaze on the heavens and heavenly bodies, which is the privilege of no other animated creature.
God
has
right,
that,
DE NATURA DEORUM
Jam
vis,
497
eloquendi DeNatwa
soletis dicere)
divina! quae primum Diorum. efficit, ut ea, quae ignoramus, discere et ea, quae scimus, Deinde hac cohortamur, hac peralios docere possimus. suademus, hac consolamur afflictos, hac deducimus perterritos a timore, hac gestientes comprimimus, hac cupidi-
quam
est praeclara,
quamque
tates, iracundiasque restinguimus haec nos juris, legum, urbium societate devinxit: haec a vita immani, et fera
;
segregavit.
eloquence! the mistress of all things, Which, in the first place, enables us to learn those things of which we are ignorant, and to teach others those things which we know; by this we exhort; by this we persuade by this we console the afflicted by this we dissipate the fears of the timid; by this we restrain the eager; by this we put an end to passions and desires; it is this that has bound mankind by the community of privileges, of laws, and civil society; this it is which has removed us far from the ills of a savage and barbarous life.
is
How
as
say.
est
in
homine
Nos campis, nos montibus fruimur: nostri dominatus. sunt amnes, nostri lacus: nos fruges serimus, nos arbores: nos aquarum inductionibus terris foecunditatem damus; nos flumina arcemus, dirigimus, avertimus: nostris denique manibus in rerum natura quasi alteram naturam efficere conamur. II, 60.
Everything that the earth produces belongs to man: we enjoy and the mountains; ours are the rivers and the lakes; we sow corn and plant trees; we give fruitfulness to the earth by irrigating the ground; we confine, direct, and turn the course of rivers; in short, by our proceedings we endeavor to form, as it were, a second nature.
the fields
Nemo
II,
vir
magnus
umquam
fuit.
66.
No man was
4.
The Nee
by lengthened reasoning.
5.
Ill,
Do
tales.
498
DeNatura
Deorum.
AND WORKS
sit;
quidem
est scire,
quid futurum
Ill,
miserum
6.
is
Often it is disadvantageous to know what is to happen; for it wretched to be grieved without the power of changing events.
opere,
sic
animus usu
I call
concalluit.
10.
those
experienced
suum cuique
distribuit.
Ill,
15.
Fortunam nemo ab
Ill,
24.
No
Malitia est versuta et fallax ratio nocendi. Ill, 30. Malice is a subtle and deceitful engine to work mischief.
No
god.
Ill, 36. retulit. one has ever acknowledged having received virtue from a
Num
quis,
At quod
dives,
quod bonus vir esset, gratias diis egit unquam? quod honoratus, quod incolumis. Ill, 36.
,
Who
But
for
Judicium hoc omnium mortalium est, fortunam a deo petendam, a se ipso sumendam esse sapientiam. Ill, 36. It is the universal opinion that we may pray the gods for
fortune, but
DE
De Officii*.
OFFICIIS
Fortis vero, dolorem summum malum judicans; aut tern-' perans, voluptatem summum bonum statuens, esse certe nullo modo potest. I, 2.
No man
evil of life,
can be brave who considers pain to be the greatesl nor temperate who considers pleasure to be the highesi-
good.
DE
OFFICIIS
499
DeOffidis.
Nulla enim vitae pars neque publicis, neque privatis; neque forensibus, neque domesticis in rebus; neque si tecum agas quid, neque si cum altero contrahas, vacare officio potest: in eoque et colendo sita vitae est honestas omnis, et in negligendo turpitude I, 2.
whether we are transacting public or those in which we are alone concerned or with others that is free of obligations. In the due discharge of these consists all the dignity, and in their neglect
There
is
no kind of
life,
private affairs, at
home or abroad
all
the disgrace, of
life.
Sed inter hominem, et beluam hoc maxime interest, quod haec tantum, quantum sensu movetur, ad id solum, quod adest, quodque praesens est, se accommodat, paulum admodum sentiens praeteritum, aut futurum. Homo autem, quod rationis est particeps, per quam consequentia cernit, causas rerum videt, earumque progressus, et quasi antecessiones non ignorat, similitudines comparat, et rebus praesentibus adjungit, atque annectit futuras: facile totius vitae cursum videt, ad eamque degendam praeparat res
necessarias.
I,
4.
is
moved by
instinct, look
and what
before them, paying but little attention to the past or Whereas man, from being endued with reason, by means of which he sees before and after him, discovers the causes of events and their progress, is not ignorant of their antecedents, is able to compare analogies, and to join the future to the present so he easily sees before his mind's eye the whole path of life, and prepares things necessary for passing along it.
is
the future.
'
4.
The
truth.
first
duty of
man
is
Formam quidem
ipsam, Marce fili, et tanquam faciem honesti vides; quae si oculis cerneretur, mirabiles amores excitaret sapientiae. I, 5.
Thou seest, my son Marcus, the very form and features, as it were, of virtue and could it only be beheld by our eyes, it would rouse in us a wonderful love of wisdom.
;
500
DeOfficiis.
AND WORKS
:
et
duclmur ad
cognitionis, et scien-
cupiditatem in qua excellere pulchrum putamus labi autem, errare, nescire, decipi, et malum, et turpe ducimus. 1,6. We are all drawn and attracted to the desire of knowledge and learning, in which we think it honorable to excel but to make mistakes and to be ignorant we regard as base and disgraceful.
;
Virtutis
consistit.
I,
6.
Sed quoniam (ut praeclare scriptum est a Platone) non nobis solum nati sumus, ortusque nostri partem patria vindicat, partem amici: atque (ut placet Stoicis) quae in terris gignantur, ad usum hominum omnia creari, homines autem hominum causa esse generatos, ut ipsi inter se, aliis alii prodesse possent: in hoc naturam debemus ducem
sequi, communes utilitates in officiorum, dando, accipiendo devincire facultatibus turn
medium
:
afferre,
mutatione
turn
artibus,
turn opera,
hominum
inter
homines
societatem.
I,
7.
we have not been born for ourselves alone, but that our country claims one part of us, our friends another, and, as the Stoics declare, all the productions of the earth have been created for the use of men, whereas men are born in order that they should assist one another: in this we ought to follow nature as our guide, to bring into the common stock whatever is useful by an interchange of good offices, at one time giving, at another receiving, to bind men in union with each other by arts, by industry, and by all the faculties of our mind.
But seeing
(as has been well said by Plato)
Fundamentum autem est justitiae fides, id est dictorum conventorumque constantia et Veritas. I, 7. The foundation of justice is good faith that is to say, a true
;
to promises
and covenants.
1,8.
In
men
glorj
DE
Nee
There
is
OFFICIIS
501
De Officii*.
I,
8.
Omnia jura divina atque humana pervertit propter eum quern sibi ipse opinionis errore finxerat principatum. I, 8 [of Caesar]. He disregarded all laws, human and divine, in pursuit of the dominion which, by an error of judgment, he had allotted to
himself.
Quocirca bene praecipiunt, qui vetant quidquam agere, quod dubites, aequum sit, an iniquum. Aequitas enim lucet ipsa per se: dubitatio cogitationem significat injuriae.
I.
9-
anything of which
Wherefore wisely do those admonish us who forbid us to do we may be in doubt, whether it is right or
wrong.
What
is
luster,
whereas
wrong.
Fundamenta justitiae: primum, ut ne cui noceatur; deinde, ut communi utilitati serviatur. 10. 1, The fundamental principles of justice are, first, that no injury
f
it
be subservient to the
law
is
Semper
I,
;
non quid
consider
dixeris,
cogitandum.
13-
In honorable dealing
we must
what we
said.
Autem injustitiae nulla capitalior est, quam eorum, qui turn cum maxime fallunt, id agunt, ut viri boni esse
videantur.
those
I, 13. In acts of wickedness there
is
....
who, when they deceive, so manage that they seem virtuous and upright men.
502
AND WORKS
De Officii*.
13.
even
to
Qui
aliis
injustitia,
nocent, ut in alios liberates sint, in eadem sunt ut si in suam rem aliena convertant. I, 14.
fully
Those who injure some to benefit others are acting as wrongas if they were turning other persons' property to their
use.
own
Multi enim faciunt multa temeritate quadam, sine judicio, modo, in omnes, vel repentino quodam, quasi vento, impetu animi incitati quae beneficia aeque magna non sunt habenda, atque ea, quae judicio, considerate, constanterque delata sunt. Sed in collocando beneficio, et in referenda gratia, si cetera paria sint, hoc maxime officii est, ut quisque maxime opis indigeat, ita ei potissimum opitulari quod contra fit a plerisque. A quo enim plurivel
: :
mum mum
non
eget,
tamen
ei potissi-
favors upon all, incited to it by a sudden impetuosity of mind: the kindnesses of these men are not to be regarded in the same light or of the same value as those which are conferred with judgment and deliberation. But in the conferring and requiting of a favor, if other things be equal, it is the duty of a man to The very opposite of this often assist where it is most required.
takes place, for
in return, even
men assist those from whom they hope though they do not require it.
officium referenda gratia
to receive
Nullum enim
est.
I,
magis necessarium
15.
is
There
kindness.
Demus, necne, in nostra potestate est; non reddere, viro bono non licet, modo id facere possit sine injuria. 1, i5 Whether we give or not is for us to decide, but no honest man may refuse to pay back, provided he can do so without prejudice
to others.
DE
OFFICIIS
503
DeOfficiis.
Ratio et oratio conciliant inter se homines. Neque ulla I, 16. re longius absumus a natura ferarum.
It is reason and speech that unite men to each other; nor is there anything else in which we differ so entirely from the brute
creation.
si
quis velit.
I,
16.
who
from yours.
in liberis:
Prima
societas in ipso conjugio est: proxima deinde una domus, communia omnia. I, 17.
The first bond of society is the marriage tie: the next our children; then the whole family of our house, and all things in
common.
Sed cum omnia ratione, animoque lustraris, omnium societatum nulla est gravior, nulla carior, quam ea, quae cum republica est unicuique nostrum cari sunt parentes, cari
:
liberi,
omnes omnium
caritates
patria una complexa est: pro qua quis bonus dubitet mortem oppetere, si ei sit profuturus? I, 17.
But,
when thou
none is of more importance, none more dear than that which unites us with the commonwealth. Our parents, children, relations, and neighbors are dear, but our fatherland embraces the whole round of these endearments; in defense of which, who would not dare to die if only he could assist it?
fully, of all societies
Qui ex errore imperitae multitudinis pendet, hie in magnis viris non est habendus. I, 19. That man is not to be considered among the great who depends
on the errors of the
foolish multitude.
Facillime autem ad res injustas impellitur, ut quisque est altissimo animo, et gloriae cupiditate. Qui locus est sane lubricus, quod vix invenitur, qui, laboribus susceptis, periculisque aditis, non quasi mercedem rerum gestarum
desiderat gloriam.
I,
19.
of the highest spirit and most influenced by the desire of glory is most easily excited to the commission of injustice. Such a position is indeed of a slippery character, for
is
there
is
scarcely to be found a
he has undertaken
5 04
AND WORKS
De
Officiis.
Nihil enim honestum esse potest quod justitia vacat. Right cannot be where justice is not.
I,
19.
Multi autem et sunt, et fuerunt, qui earn, quam dico, tranquillitatem expetentes, a negotiis publicis se removeHis idem proposirint, ad otium que perfugerint tum fuit, quod regibus, ut ne qua re egerent, ne cui parerent, libertate uterentur: cujus proprium est, sic vivere, ut velis. Quare, cum hoc commune sit potentiae cupido-
rum cum
iis,
quos
dixi, otiosis
alteri se adipisci id
posse
arbitrantur, si opes magnas habeant; alteri, si contend sint et suo, et parvo. In quo neutrorum omnino contemnenda est sententia sed et facilior, et tutior, et minus aliis gravis, aut molesta vita est otiosorum: fructuosioi autem hominum generi, et ad claritatem, amplitudinemque aptior eorum, qui se ad rempublicam et ad res magnas gerendas accomodaverunt. I, 20, 21.
:
There
are,
tranquillity
and have been, many men who, desiring that life of which I have been describing, have retired from public
to the pleasures of private
in
life.
affairs, and devoted themselves These have had the same object
namely, that they should stand in of no one, enjoy perfect liberty; the peculiar characteristic of which kind of life is, that a man lives according to his own Mill and pleasure. Wherefore, since those desirous of power have this in common with those lovers of retirement whom I have described, the one think they are able to obtain it by the possession of great wealth, and the other by being content with their own small competency. The idea of neither of these is to be altogether disregarded, but the life of the inactive is easier, safer, less burdensome and annoying to others, whereas those, who devote themselves to public life and the management of great affairs are more advantageous to mankind, and rise to greater glory and honor.
Nihil est tarn angusti animi, tamque parvi, quam amare nihil honestius, magnificentiusque, quam pecuniam contemnere, si non habeas: si habeas, ad beneficien-; tiam, liberalitatemque conferre. I, 20. Nothing is a greater proof of a narrow and grovelling disposition than to be fond of riches, while nothing is more noble and
divitias:
DE
OFFICIIS
;
505
if
exalted than to despise money, if thou hast it not and it, to employ it in acts of beneficence and liberality.
thou hast
De Officiis.
est
In omnibus negotiis, prius, quam aggrediare, adhibenda praeparatio diligens. 1, 21. In all affairs, before thou undertakest them a diligent preparamade.
nisi est
tion should be
consilium domi.
I,
22.
Of
at
little
value
is
home.
laudi.
1,
22.
asperis, nee
in rebus ut dicitur; sed praesentis animi uti consilio, nee a ratione discedere. I, 23.
est,
non perturbari
dejici,
tumultuantem de gradu
It is the character of a brave and resolute man not to be ruffled with adversity and not to be in such confusion as to desert his post, as we say, but to preserve presence of mind and the exercise of reason without departing from his purpose.
Cum
est, et
manu
I,
23.
time and necessity require it, we should resist with all our might, and prefer death to slavery and disgrace.
When
Quamquam hoc
>
animi, illud etiam ingenii magni est, praecipere cogitatione futura, et aliquanto ante constituere, quid accidere possit in utramque partem: et, quid agendum sit, cum quid evenerit; nee committere, ut aliquando dicendum sit, Non putaram. Haec sunt opera magni animi, et excelsi, et prudentia, consilioque fidentis. 1,23.
'
Though the one is a proof of a high spirit, the other is that of a lofty intellect to anticipate coming events by forethought, and
to come to a conclusion somewhat in advance of what may possibly happen in either case, and what ought to be done in that event, and not to be obliged sometimes to say, "I had never thought it." These are the acts of a powerful and sagacious mind, one who trusts in his own prudence and plans.
506
DeOfficiis.
AND WORKS
23.
We
is
war
show
peace.
Est
I,
viri magni, rebus agitatis, punire sontes: multitudinem conservare in omni fortuna, recta, atque honesta retinere.
:
24.
It is the duty of a great man, in a revolutionary age, to punish the guilty, to be kind to the lower orders, and in all states of fortune to do what is straightforward and honorable.
periculi fuga committendum est, ut imbelles timidique videamur: sed fugiendum etiam illud, ne offeramus nos periculis sine causa, quo nihil potest esse stultius.
I,
Nunquam
24.
should never by shunning dangers cause ourselves to seem cowardly and timid, but we should also avoid unnecessarily exposing ourselves to danger, than which nothing can be more foolish.
We
et
1,
praeclaro viro
25.
Nothing is more praiseworthy, nothing more suited to a great and illustrious man than placability and a merciful disposition.
est etiam ne major poena quam culpa sit, et ne iisdem de causis alii plectantur, alii ne appellentur quidem. I, 25. We must take care that crimes be not more severely punished
Cavendum
than they deserve, and that one should not be punished for a fault, respecting which another is not even called in question.
Prohibenda autem maxime est ira in puniendo, numquam enim, iratus qui accedet ad poenam, mediocritatem illamj
tenebit,
quae
all
est inter
nimium
et
parum.
I,
25.
,
Above
for the
man
things in punishing we must guard against passion ; who is in a passion will never observe the mean
little.
Cavendum
est etiam, ne
sit; et!
alii
ne appellentur
DE
We
crime, and that
OFFICIIS
507
Officii*.
must take care that the punishment is not in excess of the De it is not inflicted on some only, while others equally
In rebus prosperis,
In
prosperity
let
....
26.
pride,
avoid
disdain,
and
arrogance.
Recte praecipere videntur, qui monent, ut quanto superiores sumus, tanto nos geramus summissius. I, 26.
more humble
Rightly do those teach who admonish us that in proportion to our high rank.
res,
we
should be the
Ut adversas
I,
est.
26.
It
with moderation.
Negligere quid de se quisque sentiat, non solum arrogantis sed etiam omnino dissoluti. I, 28. To pay no attention to what is said of one, is a mark not of pride only, but of complete want of principle.
est,
Efficiendum est ut appetitus rationi obediant eamque neque praecurrant nee propter pigritiam aut ignaviam deserant, sintque tranquilli atque omni perturbatione animi careant. I, 29. We must take care that our appetites be obedient to reason, neither outrunning it nor lagging behind from sluggishness or languor, and that these be in a state of tranquillity, and free from
all
disturbing influences.
tempore fit, ac remisso animo, libero dignus: alter ne homine quidem, si rerum turpitudini adhibetur verborum obscoenitas. I, 29.
est, si
joke
distinction between a delicate witticism and a low, rude very perceptible; the former may be indulged in, if it be seasonable, and in hours of relaxation, by a virtuous man; the latter, if indecent gestures and obscenity of language be used, is unworthy even of a human being.
is
The
508
DeOffidis.
AND WORKS
Ludendi etiam est quidam modus retinendus, ut ne nimis omnia profundamus, elatique voluptate in aliquam turpitudinem delabamur.
There
is
I,
29.
a certain limit to be observed even in our amusements, that we do not abandon ourselves too much to a life of pleasure, and, carried away by such a life, sink into immorality.
Ludo autem,
et
quidem
licet:
cum
gravibus,
Sport and merriment are at times allowable but as we do sleep and other kinds of repose performed our weighty and important affairs.
;
them
when we have
et
we must
enjoy
Neque enim ita generati a natura sumus, ut ad ludum jocum facti esse videamur; sed ad severitatem potius, ad quaedam studia graviora et majora. I, 29.
et
Nature has not, in man, produced a being apparently fitted only for sport and jest, but one destined for more serious things, foi higher and nobler pursuits.
alitur et cogitando semper aliquid aut anquirit aut agit, videndique et audiendi delectatione ducitur. I, 30. The mind of man is improved by learning and reflection; it is always searching into or doing something, and is led forward by the pleasurable enjoyment of the eye and the ear.
i
"
I,
30.
deceit.
Id enim maxime quemque decet, quod est cujusque suum maxime. I, 31. A man's own manner and character is what best becomes him.
Ex quo magis
emergit, quale sit decorum illud, ideo, quia (ut ajunt) Minerva, id est adversante, et repugnante natura. I, 31.
nihil decet invita
Hence
it is
the
is
in what the graceful consists, on nothing becoming which goes against the proverb) that is to say, when nature resists
more evident
is
and opposes.
DE
Sic
:
OFFICIIS
509
DeOfficiis.
enim est faciendum, ut contra universam naturam nihil contendamus ea tamen conservata propriam nostram sequamur; ut, etiam si sint alia graviora atque meliora, tamen nos studia nostra nostrae naturae regula metiamur.
In all that we do we should avoid going contrary to nature, but with that reservation we should follow our own bent so that, though other pursuits may be higher and nobler, we should measure our own by our own natural capacity.
;
Haec differentia naturarum tantam habet vim, ut nonnunquam mortem sibi ipse consciscere alius debeat, alius in eadem caussa non debeat. 1, 31.
This difference
that
it
in
men's nature
is
so powerful in
its
operation,
may even on
own man
justify another
Suum quisque igitur noscat ingenium, acremque se et bonorum et vitiorum suorum judicem praebeat; ne scenici plus quam nos videantur habere prudentiae. I, 31.
Every man should study
self a
his
own
character,
merits and demerits; else said that the dramatists have more insight than we.
own
will be
In primis constituendum est, quos nos velimus, et in quo genere vitae: quae
omnium difficillima. Ineunte autem est maxima imbecillitas consilii, turn id sibi quisque genus aetatis degendae constituit, quod maxime adamavit; itaque
ante
implicatur
potuit,
aliquo
certo
genere
cursuque vivendi,
quam
I, 32. ought particularly to determine what kind of characters we wish to be, and what is to be the course of our life, which is a matter of great difficulty. For in early youth, when the judgment is weak, everyone selects the kind of life which he prefers; therefore he is fixed in a certain definite course before he is able to judge which is best for him.
quod optimum
esset, judicare.
We
maxime rarum genus est eorum, qui aut excellenti ingenii magnitudine, aut praeclara eruditione atque docIllud
1
trina,
runt, quern
aut utraque re ornati, spatium deliberandi habuepotissimum vitae cursum sequi vellent. I, 33.
510
AND WORKS
De Officii*.
made up
of those
and learning, or having both, have been allowed time to make up their mind what course of life they would wish to embrace.
a patribus traditur liberis, omnique patrimonio praestantior, gloria virtutis rerumque gestarum cui dedecori esse, nefas judicandum est. I, 33.
The
worth far more than the largest patrimony, is the fame of a virtuHe who disgraces such a bequest is ous and well-spent life.
deserving of infamy.
vivere, neque
:
Privatum autem oportet aequo, et pari cum civibus jure 1submissum et abjectum, neque se efferentem turn in republica ea velle, quae tranquilla, et honest; sint; talem enim et sentire bonum civem, et dicere solemus
34-
I.
private citizen ought to live on terms of equality with hi nor subservient, nor haughty no;
insolent; he ought to be favorable to measures in the state which lead to peace and quietness, for such we consider to be the char-
Peregrini autem, et incolae officium est, nihil praeter suum nihil de alio anquirere, minimeque in aliena esse republica curiosum. I, 34. A foreigner and an alien ought to attend to nothing but his own business, never to meddle with the affairs of others, and least
negotium agere,
Nihil est, quod tarn deceat, quam in omni re gerenda, I, 34. consilioque capiendo servare constantiam.
Nothing
is
in all
in all
our
J
Cum autem pulchritudinis duo genera sint, quorum in altero venustas sit, in altero dignitas; venustatem, muliebrem ducere debemus; dignitatem, virilem. Ergo et ai forma removeatur omnis viro non dignus ornatus: et huic simile vitium in gestu, motuque caveatur. I, 36.
1
But, as there are two kinds of beauty, in the one of which is' we ought to regard loveliness as
DE
OFFICIIS
511
Officii*.
the quality of woman, dignity that of man. Therefore, let every De ornament unworthy of a man be removed from his person, and let him guard against any similar defect in his gestures and movements.
Adhibenda
praeterea munditia non odiosa, neque tantum quae fugiat agrestem, et inhumanam negligentiam. Eadem ratio est habenda vestitus; in quo (sicut in plerisque rebus) mediocritas optima est.
est
exquisita nimis;
1,36.
we must be neat in our person, though not over parand let us shun boorish and ungentlemanlike slovenliness. The same principles must be applied to our dress, in which, as in most things, a mean is to be observed.
Besides,
ticular,
Nec vero, tanquam in possessionem suam venerit, excludat alios: sed cum reliquis in rebus, turn in sermone communi, vicissitudinem non iniquam putet. I, 37. A conversationalist must not exclude others from conversation at the dinner-table, as if it were his own possession, but he ought to regard mutual interchange of ideas to be the rule in conversation as in other things.
tim, et
I,
I
Deforme etiam est, de se ipso praedicare, falsa praesercum irrisione audientium, imitarimilitem gloriosum.
38.
It
is if it
so
a silly thing to brag loudly of one's own doings (the more be false), and to imitate the braggadocio-soldier in the play, telling falsehoods to the great amusement of the company.
Odiosum est enim, cum a praetereuntibus dicitur: "O domus antiqua, heu, quam dispari dominare domino !"
It
is
disgraceful
!
alas,
how
thing when the passers-by exclaim, "O unlike is thy present master to thy former
Ornanda enim
:
est
dignitas
tota
quaerenda nec domo dominus, sed domino honestanda est. I, 39. Your house may add luster to your dignity, but it
suffice
domus
will not that you should derive all your dignity from your house: the master should ennoble the house, not the house the master.
512
AND WORKS
De Officii*.
Fit enim, ut magis in aliis cernamus, quam in nobismet quid delinquitur. I, 41. For it happens that we are more quicksighted as to the faults of others than to our own.
ipsis, si
Prudentia
scientia.
I,
est
rerum
expetendarum
fugiendarumque
43.
is
Prudence
avoided.
Quibus rebus intelligitur, studiis, officiisque scientiae, praeponenda esse officia justitiae, quae pertinent ad hominum utilitatem; qua nihil homini esse debet antiquius.
1,43it may be understood that the studies and pursuits of ought to be deferred to the study of law, which relates to the interests of the human race, than which there ought to be nothing more important to man.
Hence
literature
Docti neque solum vivi, atque praesentes studiosos discendi erudiunt, atque docent: sed hos idem etiam post mortem monumentis litterarum assequuntur. I, 44.
Learned men not only instruct and educate those who are desirous to learn, during their life, and while they are present among us, but they continue to do the same after death by the monuments of their learning which they leave behind them.
Ob
est,
earn
quam
causam eloqui copiose, modo prudenter, melius vel acutissime sine eloquentia cogitare quod
:
cogitatio in se ipsa vertitur, eloquentia complectitur eos, quibuscum communitate juncti sumus. I, 44.
On
this
account
it
is
is
more
with prudence, than to think ever accurately, if it be destitute of eloquence; for thought terminate in itself, whereas eloquence embraces all those with whom we ai
eloquently, provided
it
life.
Omne
officium,
et ac
societatem tuendam valet, anteponendum est illi offick quod cognitione et scientia continetur. I, 44. Every duty which, when properly performed, tends to promote the unity of humanity and to preserve society, should be held morel sacred than that which is confined to the acquisition of information and knowledge.
DE
Quid
est optabilius
OFFICIIS
513
DeOfficiis.
homini melius? quid homini dignius? Hanc igitur qui expetunt, Philosophi nominantur: nee quidquam aliud est philosophia, si interpretari velis, quam studium sapientiae.
Sapentia autem
est)
est,
rerum divinarum et humanarum, causarumque, quibus hae res continentur, scientia cujus studium qui vituperat, haud sane intelligo, quidnam sit, quod laudan:
dum
putet.
Nam
quod
spectet
et
valeat
ad
bene beateque vivendum? sive ratio constantiae, virtutisque quaeritur: aut haec ars est, aut nulla omnino, per quam eas assequamur. Nullam dicere maximarum rerum artem esse, cum minimarum sine arte nulla sit, hominum est parum considerate loquentium, atque in maximis rebus
errantium. quaeretur,
Si
autem
cum ab hoc
II,
2.
What
who
so desirable as
wisdom?
What more
excellent in
itself,
so useful to
man, or better deserving his pursuit? Hence they are possessed with an earnest desire to acquire it are called Philosophers; for Philosophy, in the precise meaning of the word, signifies the love of wisdom. wisdom, as defined by the ancient sages, is the knowledge of things divine and human, with
Now
Whoever
know not
what he can think worthy of his approbation: for whether an agreeable amusement, or freedom from care, be the object of his desires; what is comparable to those studies which are always taken up in searching after the means of attaining a good and happy life? Or, is he desirous of learning the principles of virtue and true courage? here, or nowhere, is to be found the art of acquiring them. They who affirm that there is no art in things of the greatest moment, while nothing however small and
trifling
error,
is performed without its aid, are guilty of the grossest and must be men of no consideration. Now if there be any science of virtue, where shall it be learned, if not in the
school of philosophy?
Nos autem,
sic
II,
ab his dissidentes
2.
ut ceteri alia certa, alia incerta esse dicunt, alia probabilia, contra alia dicimus.
others say that some things are certain, others uncertain, we, differing from them, say that some things are probable, others improbable.
Where
514
AND WORKS
n, 3.
De Officii*.
be communicated to
may
not
Utitur, in re
witnesses.
non dubia,
testibus
non
necessariis.
is
II,
5.
calling unnecessary
Proprium hoc statuo esse virtutis, conciliare animos hominum, et ad usus suos adjungere. II, 5. It is Virtue's province to win her way into the hearts of men,
and bind them
to her service.
Magnam vim esse in fortuna in utramque partem, vel secundas ad res, vel adversas, quis ignorat? nam et cui prospero flatu ejus utimur, ad exitus pervehimur optatos:
et
cum
reflavit, affligimur.
II,
6.
does not know the influence that fortune exercises bott upon our prosperity and adversity? For when we sail with hei favoring breeze, we are carried forward to the wished-for port, and when she blows against us, we are in distress.
Who
Male enim
Things are
se res habet,
II,
quum quod
virtute
effici
debet,
id tentatur pecunia.
in a
6.
is
custos diuturnitatis metus; contraque benevoII, 7. lentia fidelis est vel ad perpetuitatem.
Malus enim
Fear
is
'
heart
is
Qui
ipsi
se
necesse
7.
Those who
whom
Voluptates, blandissimae dominae, majores partes animi a virtute detorquent; et dolorum cum admoventur faces,
DE
OFFICIIS
515
praeter modum plerique exterrentur: vita, mors, divitiae, DeOffidis. paupertas, omnes homines vehementissime permovent.
Quae
est,
qui in
despiciunt,
totas
utramque partem excelso animo, magnoque cumque aliqua his ampla, et honesta res objecta ad se convertit, et rapit, turn quis non admiretur
virtutis.
II,
splendorem, pulchritudinemque
10.
Pleasures, those alluring mistresses, divert the great majority of mankind from the path of virtue; and when the torch of affliction is applied they are terrified beyond measure. All men feel strongly life, death, riches, and poverty. As to those who, with
and noble spirit, look on such things with an indifferent men, whom a great and lofty object, when it is presented, draws and absorbs to itself, in such cases who can refrain from admiring the splendor and beauty of their high-principled conduct?
a high
eye,
Contemnuntur H, qui nee sibi nee alteri, ut dicitur; in quibus nullus labor, nulla industria, nulla cura est. II, 10. We despise those who, as the saying goes, are no good either to themselves or to anyone else; who are neither laborious, nor industrious, nor careful.
Justitia,
ex qua virtute viri boni appellantur, mirifica quaemultitudini videtur; nee injuria; nemo enim Justus esse potest, qui mortem, qui dolorem, qui exilium, qui egestatem timet, aut qui ea, quae sunt his contraria, aequitati anteponit. II, 11.
dam
which virtue entitles men to be called looked upon by the masses as something miraculous; and rightly so, for no one can be just who fears death, pain, exile, or poverty, or who ranks the opposites of these above equity.
Justice, the possession of
is
good,
qui pecunia
sit,
hunc
igni
trantur.
11.
Men
they
money; for
him who is not to be influenced by whomsoever they see this quality strongly marked, regard him as ore purified by fire.
particularly admire
in
11.
Even
they observe.
516
DeOfficiis.
AND WORKS
Quamquam
proximam
praeclare Socrates, hanc viam ad gloriam compendiariam dicebat esse, si quis id Quod si qui ageret, ut, qualis haberi vellet, talis esset. simulatione, et inani ostentatione, et ficto non modo sermone, sed etiam vultu, stabilem se gloriam consequi posse
et quasi
rentur,
vehementer errant.
Vera
gloria
radices
agit,
atque etiam propagatur: ficta omnia celeriter, tamquam flosculi, decidunt, nee simulatum potest quidquam esse diuturnum. II, 12. Well did Socrates say, that this was the nearest and the shortest road to glory, when a man acted so that he was such as he wished to he considered. Whereas those are greatly mistaken who think that they can obtain permanent glory by hypocrisy, vain pretense, and disguised words and looks. True glory strikes its roots deep, and spreads them on all sides; everything false disappears quickly,
like spring flowers,
is
untrue, be of long
duration.
Prima commendatio
The
ence to
chief
13.
is
modesty, obedi-
est religion!, nocentem aliquando, modo ne nefarium, impiumque defendere; vult hoc multitudo, II, 14. patitur consuetudo, fert etiam humanitas.
Habendum
ought to consider it a duty to defend the guilty, provided he be not an abominable and impious wretch. Mankind desires this, custom allows it, and even humanity is willing to tolerate it.
We
Sed tamen
difficile
hominum
comitas, affabilitasque sermonis. II, 14. But yet it is difficult to say how much men's minds are ciliated by a kind manner and affability of speech.
Quid
inhumanum quam eloquentiam, a natura ad hominum et ad conservationem datam, ad bonosalutem rum pestem perniciemque convertere? II, 14. What more barbarous than to pervert eloquence, which is 8
est tarn
gift of
nature for the salvation and preservation of mankind, the ruin and destruction of the good?
tc
DE
OFFICIIS
517
Judicis est semper in causis verum sequi; patroni non- De Officii*. nunquam verisimile, etiam si minus sit verum, defendere.
II,
14.
It
is
always the judge's business in a suit to endeavor to get at it may sometimes be the duty of the advocate to defend a probable hypothesis, even though it be not quite the truth.
the truth
:
Non ita claudenda est res familiaris, ut earn benignitas aperire non possit: nee ita reseranda, ut pateat omnibus, modus adhibeatur, isque referatur ad facultates. II, 15.
Our purse should not be so closed that our kind feelings cannot open it, nor yet so unfastened that it lies open to all. limit should be set, and it should depend upon our means.
Omnino meminisse debemus id, quod a nostris hominibus saepissime usurpatum, jam in proverbii consuetudinem venit, largitionem fundum non habere; etenim quis potest modus esse, cum et idem qui consuerunt, et idem illud alii
desiderent.
II,
15.
ought particularly to remember this, as it is often in the mouths of the men of the present day, and has even passed into a proverb, that "a bountiful disposition has no bottom." For where can there be any moderation when both those who are accustomed to get and also others are anxious for the same thing?
We
II,
15.
Nam
18.
said,
beneficii
oderunt,
eamque
in-
deterrenda liberalitate sibi etiam fieri, eumque qui faciat communem hostem tenuiorum putant. II, 18.
in
men
by the
detest ingratitude, as being an injury done to themeffect it has of discouraging generosity, and the
upon
as the
common enemy
of the poor.
Commode autem quicumque dixit, pecuniam qui habeat, non reddidisse: qui reddiderit, non habere: gratiam autem et qui retulerit, habere et qui habeat, retulisse. II, 20.
:
518
AND WORKS
De Officii*.
it was well said, whoever said it, "That he who hath the loan of money has not repaid it and he who has repaid it has not the loan; but he who has acknowledged a kindness has it still; and he who has a feeling of it has requited it."
;
Now
illud male: "non esse in civitate duo millia hominum, rem haberent." Capitalis oratio, et ad aequationem bonorum pertinens: qua peste quae potest esse major?
Turn
qui
II,
21.
He
men
"That
two thousand
of property in the whole state." speech well worthy of notice, and which aimed at the equalizing of property, than which there is no principle more pernicious in a state.
Labefactant fundamenta reipublicae; concordiam primum, quae esse non potest, quum aliis adimuntur, aliis condonantur pecuniae; deinde aequitatem, quae tollitur omnis, si habere suum cuique non licet. II, 22. They are uprooting the very foundations of the state; first, harmony, which cannot exist when property is taken by force from
some
to be presented to others; next, justice,
when
man
is
Non
enim numero haec judicantur, sed pondere. Not number but weight is our test in these matters.
22.
tione,
Sed valitudo sustentatur notitia sui corporis; et observaquae res aut prodesse soleant, aut obesse; et continentia in victu omni, atque cultu, corporis tuendi causa; et praetermittendis voluptatibus ; postremo arte eorum,
II, 24. by an acquaintance with our constitutions, and by observing what things benefit or injure us; by temperance in living, which tends to preserve the body; by refrain-; ing from sensuality in short, by employing the skill of those who have devoted themselves to the study of the human body.
pertinent.
to be secured
fili, eum, qui primus Africanus dicere solitum scripsit Cato, qui fuit fere ejus aequalis, "Numquam se minus otiosum esse, qnam cum otiosus; nee minus solum, quam cum solus esset. Magnifica vero vox, et magno viro, ac sapiente digna:
et in otio
de negotiis cogitare,
et
in,
DE
solitudine
OFF1CIIS
519
DeOfficiis.
secum loqui solitum; ut neque cessaret umquam, et interdum colloquio alterius non egeret Itaque duae res, quae languorem afferunt ceteris, ilium acuebant,
otium, et solitude
III,
1.
si
son Marcus, Cato tells us that Publius Scipio, he who was called Africanus the Elder, used to say "that he was never less at leisure than when he was at leisure, nor less alone than when he was alone." splendid saying, and worthy of a great and wise man, which shows that he used to deliberate on affairs in his leisure hours, and to converse with himself when he was alone, so that he never was idle, and sometimes did not require the society of others. Therefore the two things which cause ennui to others namely, retirement and solitude roused him.
My
Sic
eligere
ab hominibus doctis accepimus, non solum ex malis minima oportere, sed etiam excerpere ex his ipsis, quid inesset boni. Ill, I.
Learned men have taught us that not only with a choice of we should choose the least, but that from the evil we should endeavor to extract some good.
evils
Liceret
ei
dicere
ill,
utilitatem
aliquando
cum honestate
pugnare.
3.
He may
honesty.
say, if
he
Magis
fieri
est
si
maximos
labores,
to
it
Derelictio
communis
utilitatis
contra naturam
is
est.
in, 6.
The
desertion of the
common
interest
contrary to nature.
Suum
It
is
cuique
alterius
incommodum ferendum est, potius quam de commodis detrahendum. Ill, 6. the duty of each man to bear his own discomforts, rather
Nihil vero
turn,
nihil honesutile, quod non idem honestum quod non idem utile sit, saepe testatur: negatque,
:
520
AND WORKS
quam
De Officii*.
ullam pestem majorem in vitam hominum invasisse, eorum opinionem, qui ista distraxerint. Ill, 7.
is nothing expedient which is not nothing honorable which is not also expedient; and he maintains that there is no greater injury done to men than by those who try to separate them.
He
also honorable,
non peract,
even
Qui stadium currit, eniti et contendere debet, quam maxime possit, ut vincat: supplantare eum, quicum certet, aut manu depellere, nullo modo debet; sic in vita sibi quemque petere, quod pertineat ad usum, non iniquum
est: alteri deripere, jus
non
est.
Ill,
10.
runs in a racecourse ought to exert himself as much as he can conquer, but ought by no means to trip up or throw down the man with whom he is contending; so in the affairs of life there is nothing wrong in a man trying to obtain what may be for his advantage, yet roguery is unlawful.
He who
Omnia
norit,
emptor
12.
Everything should be disclosed, that the buyer may be ignorant of nothing which the seller knows.
Neminem
Ill,
id agere, ut ex
alterius
praedetur
inscientia.
17.
No
his neighbor.
Ex quo
intelligitur,
quoniam
Ill,
juris
id
secundum naturam
esse,
neminem
17.
praedetur inscientia.
is the founaccording to natural law that no one should take advantage of another's ignorance to his own profit.
We
must understand,
it is
tain of justice,
Aliud
interdum, aliud honestum videri solet. Falso: Qui hoc utilitatis, quae honestatis est regula. facinus. nullum aberit, nulla fraus non perviderit, ab hoc Sic enim cogitans, Est istuc quidem honestum, verum hoc
utile
nam eadem
DE
OFFICIIS
:
521
DeOfficiis.
expedit, res a natura copulatas audebit errore divellere qui fons est fraudium, maleficiorum, scelerum omnium. Itaque si vir bonus habeat hanc vim, ut, si digitis concrepuerit, possit in locupletium testamenta nomen ejus
irrepere; hac vi non utatur: ne si exploratum quidem habeat, id omnino neminem unquam suspicaturum Homo Justus, isque quern sentimus virum bonum, nihil cuiquam, quod in se transferat, detrahet. Hoc qui admiratur, is se, quid sit vir bonus, nescire fateatur. At vero si quis voluerit animi sui complicatam notionem evolvere, jam se ipse doceat, eum virum bonum esse, qui prosit quibus possit: noceat nemini, nisi lacessitus injuria. Quid ergo hie non noceat, qui quodam quasi veneno perficiat, ut veros heredes moveat in eorum locum ipse succedat? Non igitur faciat, dixerit quis, quod utile sit, quod expediat? Immo intelligat, nihil nee expedire, nee utile esse, quod sit injustum. Hoc qui non didicerit, bonus vir
esse
non
poterit.
Ill,
18, 19.
to
Profit
interfere
with one
otherwise; for the rule of both is the same. Whoever is not fully convinced of this, must be an arrant knave and villain. By such a train of thought he will be led to say, this indeed is equitable, but that advantageous, by such a fatal mistake disjoining things in their own nature inseparable; which is the source of all manner of treachery, injustice and wickedness. virtuous man, therefore, though possessed of a secret to get his name inserted into the last wills of people of fortune, so easily as with a knack of his fingers, would never put it in practice, even though he certainly knew it could never be in the least suspected. just man, or one who answers to our notion of a good man, will take nothing from another to be
another.
case
is
But the
applied to his own use. tacitly confesses that he acter of a good man.
is surprised at this assertion, ignorant of what constitutes the charBut would anyone take the pains to revolve this complicated idea in his own breast, he will find that the good man is one who does good to all he can, and hurts nobody, unless first provoked by ill usage. What shall we say then? Is he not an injurious person who, as it were, by the power of some drug, has the address to disinherit the true heirs, in order to succeed in their place? Shall a man, then, some may object, forbear to pursue what is profitable and advantageous? I would have such a one know that nothing unjust in itself can tend either to our advantage or profit. He that has not learnt this lesson can have no pretension to the character of a good man. is
Whoever
522
CICERO, A
De
Officii*.
enim fidem alicujus, bonitatemque laudant, dignum quicum in tenebris mices. For when they praise the faith, the honor, the goodness of a man, they say, "He is one with whom we may play at odd and
esse dicunt, even
Sic
in the
Cum
dark."
fiunt
multa quae honesta natura videntur esse, temporibus non honesta. Ill, 25. Thus many things which seem by their nature honorable are
29.
my
tongue, but
Non
id
quod ex animi
verbis concipitur
29.
more
nostro,
non
For to swear falsely is not at all times to be accounted perjury, but not to perform that which you have sworn according to the "ex animi tui sententia," as our law intentions of your mind books have it is perjury.
Cum
est.
....
decertandum
We
Aqua
as the saying
is,
haeret, ut aiunt.
sticks,
Ill,
33.
The water
they say.
DE ORATORE
DeOratore.
Memoria
Memory Quid
tarn
est thesaurus
is
omnium rerum
et custos.
I,
5.
opem
What
deliver
is
there so kinglike, so noble, so generous, as to bring up the broken in heart, to save and
from dangers?
DE O RAT ORE
523
Neque vero mihi quidquam praestabilius videtur, quam DeOratore. posse dicendo tenere hominum coetus, mentes allicere, voluntates impellere quo velit; unde autem velit, deducere. Haec una res in omni libero populo, maximeque in pacatis, tranquillisque civitatibus, praecipue semper floruit, semperque dominata est. Quid enim est aut tarn admirabile, quam ex infinita multitudine hominum exsistere unum, qui id, quod omnibus natura sit datum, vel solus, vel cum paucis facere possit? aut tarn jucundum cognitu, atque auditu, quam sapientibus sententiis, gravibusque verbis ornata oratio, et perpolita? aut tarn potens, tamque magnificum, quam populi motus, judicum religiones, senatus gravitatem, unius oratione converti? Quid tarn porro regium, tarn liberale, tarn munificum, quam opem ferre supplicibus, excitare afflictos, dare salutem, liberare periculis,
retinere
homines
in civitate?
Quid autem
tarn ne-
cessarium,
tenere semper arma, quibus vel tectus ipse esse possis, vel provocare improbos vel te ulcisci
1,
quam
8.
lacessitus?
There
is
nothing,
think,
more truly
excellent,
than for a
man
to be able to attract,
by
whole assembly; to charm their understandings; and to direct, or restrain, their inclinations at pleasure. This single art hath always, among free people, and especially in times of public peace and tranquillity, not only met with the highest encouragement, but reigned, as it were, paramount. Now is there anything so deserving our admiration as that amidst an infinite number of men there should be found only one, or at least but few, who are able to exercise those talents which nature has bestowed on all? Or, can anything convey so sincere a pleasure to our understanding or ear, as a discourse which to the wisest sentiments adds the luster and embellishment of expression? What greatness, what power, can compare with his who, by a single speech, can direct the caprices of the people, the consciences of judges, and even the majestic gravity of the Senate? Besides, can anything be more generous, more like a king, or more truly denote a great soul, than to lend assistance to those who desire it, relieve the oppressed, communicate happiness, protect from dangers, and What, on the other hand, so necespreserve citizens from exile? sary, as to have arms always about us to annoy the malefactor, protect us from insult, and avenge ourselves when we are injured?
nihil esse
(Mnesarceleri,
et
524
DeOratore.
AND WORKS
oratorem autem,
I,
nisi
neminem.
18.
Mnesarchus used to say that those whom we called orators were nothing else but artisans with voluble and well-trained tongues, but that no one was an orator unless he was wise.
Quid
dicere
est ineptius
quam de dicendo
non ineptum
dicere,
quum ipsum
est necessa-
nunquam
I,
sit
nisi
quum
rium?
24.
What
Nihil in
potest.
orator.
talking itself
can be more foolish than to talk about talking, is foolish except when it is necessary?
when
hominum genere
I,
28.
is
Nothing
more
rarely found
a consummate
memoriae
Nothing
stabile,
quam
id in
I,
28.
attracts so
much
upon
optimus
I,
et
praestantissimus
dicendi
effector
ac
magister.
33.
the best and most excellent modeler and teacher of
The
oratory.
pen
is
Vere enim
It
is
illud dicitur, Perverse dicere homines perverse dicendo facillime consequi. I, 33. a true saying that one falsehood leads easily to another.
The
among
greatest orator
the orators.
quae sunt conclusa nunc artibus, dispersa et fuerunt; ut in musicis numeri et voces lineamenta, formae, intervalla, geometria in modi; et magnitudines; in astrologia caeli conversio, ortus, obitus motusque siderum; in grammaticis poetarum pertractatio,
fere,
Omnia
dissipata
quondam
historiarum cognitio, verborum interpretatio, pronuntiandi quidam sonus; in hac denique ipsa ratione dicendi
DE ORATORE
quondam omnibus et diffusa late videbantur. Adhibita est igitur ars quaedam extrinsecus ex alio genere quodam; quod sibi totum philosophi adsumunt, quae rem dissolutam divulsamque, conglutinaret et ratione quadam constringeret. Sit ergo in jure civili finis hie: legitimae atque usitatae in rebus causisque civium aequabilitatis conservatio. Turn sunt notanda genera et ad certum numerum
525
paucitatemque revocanda.
similis
communione quadam,
aut pluris generibus eis, ex quibus manant, subiciuntur; omniaque, quae sunt vel generum vel partium nomina, definitionibus, quam vim habeant, est exprimendum. Est enim definitio rerum earum, quae sunt eius rei propriae, quam definire volumus, brevis et circumscripta quaedam explicatio. Hisce ego rebus exempla adjungerem, nisi apud quos haec haberetur oratio, cernerem. Nunc complectar, quod proposui, brevi. Si enim aut mihi facere licuerit, quod jam diu cogito, aut alius quispiam aut me impedito occuparit aut mortuo effecerit, ut primum omne ius civile in genera digerat, quae perpauca sunt, deinde eorum generum quasi quaedam membra dispertiat, turn propriam cuiusque vim
definitione declaret,
Genus autem est id, quod sui specie autem differentis, duas Partes autem sunt, quae complectitur partis.
perfectam artem
atque uberem, quam difficilem et obscuram. Atque interea tamen, dum haec, quae dispersa sunt, cogantur, vel passim licet carpentem et colligentem undique repleri justa juris civilis scientia. I, 42.
magis
magnam
The knowledge
to sciences,
was once
of almost all the things, which are now reduced for instance, in scattered and dispersed
;
music, rhythm, pitch, and melody; in geometry, lines, figures, distances, and magnitudes; in astronomy, the revolutions of the heavens, the risings, settings, and movements of the stars; in the study of literature, the handling of the poets, the knowledge of history, the explanation of words, viz., etymology and grammar, the sounds to be pronounced finally, in this very art of rhetoric of which we are talking, the invention, expression, arrangement, memorizing, and delivery seem to have been at one time unknown to all, or at least the knowledge of them seems to have been entirely unconnected. Therefore there was applied from without a science of a different genus, which the philosophers claim as entirely their own, a science of such a nature as to bind by a system the parts of a sub;
526
AND WORKS
De
Oratore.
unconnected or even torn apart. Therefore let us take the final end of the jus civile to be this, the preservation in the dealings and disputes of citizens of an equity based on law and custom. Then its genera must be reduced to a fixed number and
one as small as possible.
genus
in
is
that
more
divisions
[partes]
alike
possessing certain
but differing in species. The divisions are subordinate to the genera from which they proceed, and the force possessed by all names of the genera and divisions must be set forth in definidefinition is a brief but comprehensive statement of those tions. great qualities which are peculiar to the thing we wish to define. To this I should add examples were I not well acquainted with my hearers. As it is, I shall put into words what I have proposed. If I should be permitted to do what I have long been planning, or if somebody else should undertake the task while I am otherwise engaged, or accomplish it after my death as soon as someone shall divide the whole jus civile into its genera, which are very few, next distribute what we may call the numbers of these genera, and then set forth in definitions the proper force of each [term employed], you will have a perfected science of the jus civile, large and full indeed, but neither difficult nor obscure. In the meantime, while the scattered fragments are being combined, a person may get a truly scientific knowledge of civil law [justa juris civilis sciential, if he will only cull and gather what he can here, there, and everywhere.
common
civi-
The
state.
is,
Socrates dicere solitus est, quibus id persuasum esset, ut mallent se esse, quam bonos viros, iis reliquam facilem esse doctrinam. I, 47. Socrates used to say that to those who were convinced that they should prefer nothing so much as to be good men, every other kind of learning was easy.
nihil
'
Nolite sinere nos cuiquam servire nisi vobis universis, quibus et possumus et debemus. I, 52.
Be unwilling
we
postulet, non videt aut plura loquitur, eorum quibuscum est vel dignitatis vel
DE ORATORE
527
commo.di rationem non habet, aut denique in aliquo genere DeOratore. aut inconcinnus aut multus est, is ineptus esse dicitur. II, 4. He who does not perceive what is demanded by the circumstances, or says too
much, or indulges in vain display, or does not take into account the rank, or study the convenience, of those with whom he finds himself, or, to be brief, is in any way awkward or
is
prolix,
what we
delectationem
smallest
gravissimae
to
utilitati
Many
advantage.
prefer
the
pleasure
the
most important
Usus
II,
dicendi in
omni pacata
8.
The
and
free state.
Historia vero testis temporum, lux veritatis, vita memoriae, magistra vitae, nuntia vetustatis, qua voce alia nisi oratoris immortalitati commendatur. 11, 9.
History
of
is
memory, the teacher of life, the herald of antiquity; receiving from the voice of the orator alone her credentials to immortality.
in iis rebus posse animo aequo pati; quae ipsi sibi homines parare possent, in iis rebus se pati non posse vinci." [Crassus, quoted by Cicero] II, 11.
se vinci
may cheerfully permit ourselves to be excelled in those things which are bestowed on mankind by nature or fortune, but not in those which men can secure for themselves by their own
efforts.
We
Quis nescit primam esse historiae legem ne quid falsi dicere audeat? deinde ne quid veri non audeat? ne quae suspicio gratiae sit in scribendo? ne quae simultatis?
II,
15.
shall
does not recognize that the first law of history is that we never dare to say what is false; the second that we shall never fear to say what is true; that everything we write shall be free from any suspicion of favoritism or flattery?
Who
528
DeOratore.
AND WORKS
ilia
est omnino ars ulla, in qua omnia quae possunt, a doctore tradantur. II, 16.
all the possibilities are
arte
capable of being
Quod enim
They
ipsi experti
non
sunt, id
docent ceteros.
II,
8.
Non
ter est
quod nimis
celeri-
Tardi
videre.
ingenii est,
II,
rivulos consectari,
27.
It is the part of the slow of perception to follow of learning and never to see the fountain-head.
up the
rivulets
Diligentia, cum omnibus in rebus, turn in causis defendendis plurimum valet. Haec praecipue colenda est nobis: haec semper adhibenda; haec nihil est, quod non assequatur. II, 35. Diligence has greatest power in everything, particularly in
defending causes; it is above all to be cultivated, it is always to be attended to; there is nothing which it does not accomplish.
Avaritiam
luxuries.
si
II,
tollere
vultis,
mater
ejus
est
tollenda,
40.
avarice,
you must
first
Medico diligenti, priusquam conetur aegro adhibere medicinam, non solum morbus ejus, cui mederi volet, sed etiam consuetudo valentis et natura corporis cognoscenda est II, 44.
must make himself acquainted not only with the nature of the disease of the man he desires to cure, but also with his manner of life when in health, and his constitution.
Saepe enim audivi poetam bonum neminem sine inflammatione animorum existere posse, et sine quodam afflatu
quasi furoris.
II,
46.
DE ORATORE
I
529
spirit
being on
have often heard that no real poet can exist without the fire, and without, as it were, a spice of madness.
11,
De Oratore.
Invidetur praestanti florentique fortunae. Men envy high and successful fortune.
Plerique sunt invidi,
II,
52.
maximeque
is
est
52.
Most men
above
common
fault.
Omnino
quam
quae priores.
$6.
are more likely to speak the truth under cross-examination than in our evidence in chief.
We
vi
quam
ridiculi vulnerari
58.
that the criminal should be attacked with a
ridicule.
We
demand
more
"Ut sementem
As thou
feceris, ita
metes."
II,
65.
[Quoted by Cicero]
sowest, so shalt thou reap.
modum
83.
So great is the influence of numbers, that an orator can no more be eloquent without a crowded audience than a flute-player can play without a flute.
Vera
II,
84.
True
due
to virtue alone.
Minime
sentit.
Ill, 9.
is
Everyone
is
known
to himself,
difficult task
to get acquainted
with one's
own
character.
Res quidem
que
III,
J
se
mea
cito
potuerit,
nunquam omnino
23.
is
It
what we cannot
learn quickly
we
cannot learn at
530
DeOratore.
AND WORKS
fini-
most
closely
on
the
greatest
pleasures.
"Sapiens
petit."
virtuti
honorem
praemium,
III,
haud
26.
praedam
"The
man
reward of virtue."
Ill,
Rerum enim
31.
Quorum
si
alterum
sit
indiser-
35. If I have to choose between the two, I would rather have sounc common sense without eloquence, than folly with a fine flow ol
language.
Facilius enim
ad ea quae
is
visa,
Ill,
quam ad
41.
ilia
quae audita
is
The
by what
mind's eye
is
more
easily impressed
by what
seen than
heard.
Irrepit in
hominum mentes
dissimulatio.
Ill,
53.
Animi
oculi.
est
Ill,
enim omnis
59.
actio, et
imago animi
vultus, Indices
face, its
All action is of the mind, and the mirror of the mind index the eyes.
is
the
DE PARTITIONE ORATORIA
De
Partitione
Oratorta.
Q ur
tears afe
Nihil est enim tarn miserabile quam ex beato miser. XVII. Nothing is so pitiable as a poor man who has seen better days.
DE REPUBLICA
53i
DE PHILOSOPHIA
Videt enim, quod videndum fuit, appendicem animi esse De Philosophia. corpus, nihilque in eo esse magnum. Fragment 96. He perceived, what indeed was clear, that the body is a mere
appendage of the
soul, entirely devoid of great qualities.
DE PETITIONE CONSULATUS
Frons
est
animi janua.
is
II.
The
forehead
De Petitione Consulates.
DE PROVINCIIS CONSULARIBUS
Non
is
verum etiam
solum gratus debet esse qui accepit beneficium, DeProvindis Conis cui potestas accipiendi fuit. xvn.
who
has accepted a
su arl us
'
of accepting.
DE REPUBLICA
Virtus in usu sui tota posita est. The whole of virtue consists in
I,
2.
De
Republica.
practice.
tamen
I,
satis est, quasi artem aliquam, Etsi ars quidem, quum ea non utare, scientia ipsa teneri potest, virtus in usu sui tota posita est.
2.
It
unless
may
not enough to possess virtue, as though it were an art, For although, if you do not practice an art, you use it. yet retain it theoretically, the whole of virtue is centered in
is
we
patria lege genuit aut educavit; ut nulla quasi alimenta expectaret a nobis, ac tantummodo nostris ipsa commodis serviens, tutum perfugium otio
nostro suppeditaret, et tranquillum ad quietem locum sed ut plurimas et maximas nostri animi, ingenii, consilii partes ipsa sibi ad utilitatem suam pignaretur, tantumque
532
AND WORKS
ipsi
De
Republka.
superesse
4.
Nor has our fatherland produced and brought us up, so that she should derive no advantage from us, or that we should regard it as created for our mere convenience as a place where we may tranquilly while away our useless existence in idleness and sloth. Such is not the proper view in which we should regard our country. She claims from us the mightiest exertions of our mind and of all our powers, and only gives back for our private use what remains of our stock of time after we have been so employed.
Neque enim
virtus accedat
qua propius ad deorum numen humana, quam civitates aut condere novas aut conservare jam conditas. I, 7. Nor is there anything in which the virtues of mankind approach nearer to the gods than when they are employed in founding new
est ulla res, in
commonwealths, and
founded.
est
I,
ad meos
libros
vacuum, numquam
occupati.
9.
My
Est
books are always at leisure for me, they are never engaged.
hominum
sociatus.
coetus,
multitudinis
I,
populus autem non omnis quoquo modo congregatus, sed coetus consensu et utilitatis communione juris
;
25.
the
common weal of a people; but a people is not every assembly of men brought together in any way; it is an assembly of men united together by the bonds of just laws, and by common advantages.
state
is
Omnis
est,
civitas,
omnis respublica
sit.
I,
consilio
quodam regenda
ut diuturna
state,
if it is
26.
is
Every
dence,
every commonwealth
to be governed by pru-
to be lasting.
Cum penes unum est omnium summa rerum, regem ilium unum vocamus et regnum ejus reipublicae statum. Cum
autem est penes delectos, turn ilia civitas optimatium Ilia autem est civitas popularis, sic arbitrio regi dicitur. enim appellant, in qua in populo sunt omnia. 1, 26.
When
such a
man
the government is in the hands of one individual, we call When it is in the a king and the state a kingdom.
DE REPUBLICA
hands of a
select body, that
53;
is
form of government
it,
aristocratic.
is
De
Republica.
But that
state is a
when
everything
Nulla alia civitate, nisi in qua populi potestas summa est, ullum domicilium libertas habet, qua quidem certe nihil
potest esse dulcius.
I,
31.
In no other state except that in which the power of the people is supreme has liberty any abode, than which nothing assuredly can be more delightful.
Si
esse
se,
pecunias aequari non placet, si ingenia omnium paria non possunt, jura certe paria debent esse eorum inter I, 32. qui sunt cives in eadem republica.
if
same
state.
teneant, negant quidquam esse praequippe qui domini sint legum, judiciorum, belli, pacis, foederum, capitis unius cujusque, pecuniae. I, 32.
Si jus
suum populi
of
supreme power, they affirm that no form more free, more happy, inasmuch as they are the masters of laws, courts, war, peace, leagues, lives, and fortunes of everyone.
If the people hold the
is
government
more
excellent,
enim pecunias aequari non placet; si ingenia omnium paria esse non possunt: jura certe paria debent esse eorum inter se, qui sunt cives in eadem republica. I, 32.
Si
an equal distribution of wealth is unpopular, if equality of is an impossibility, at least there should be equality before the law among all those who are citizens of the same state.
If
intelligence
aequabilitas quidem juris, quam amplexantur liberi populi, neque servari potest: ipsi enim populi, quamvis soluti effrenatique sint, praecipue multis multa tribuunt,
et est in ipsis
Nam
magnus
delectus
hominum
et
dignitatum;
est.
I,
eaque quae appellator aequabilitas iniquissima For equality of rights, of which a free people is so
;
34.
fond, cannot
be maintained for the very people themselves, though they are their own masters, and perfectly uncontrolled, give up much power to many of their fellow-citizens, showing cringing respect to men
534
CICERO, A
and
dignities.
acts.
De
Republica.
called equality
is
most iniquitous
i ts
Apud bonum
1,34-
quam
testes valent.
In the eyes of a wise judge, proofs by reasoning are of more value than witnesses.
nomen, opes vacuae consilio et vivendi imperandi modo, dedecoris plenae sunt et insolentis superbiae: nee ulla deformior species est civitatis, quam ilia in qua opulentissimi optimi putantur. I, 34. For riches, great fame, wealth unaccompanied by wisdom and the knowledge of living virtuously and commanding properly, are
divitiae,
Nam
atque
aliis
only the cause of greater disgrace, and of exhibiting insolence in more glaring colors; nor is there any form of state more disgraceful to men than that in which the wealthiest are regarded the
noblest.
regi justo vim populus attulerit regnove spoliavit; aut etiam, id quod evenit saepius, optimatium sanguinem gustavit, ac totam rempublicam substravit
Si
quando aut
eum
libidini suae;
esse tantam,
quam non
quam
eff renatam
insolentia multitudinem.
42.
When a people has once treated with violence a just king, or hurled him from his throne, or even which has often happened has tasted the blood of the nobles, and subjected the whole commonwealth to their fury, do not be foolish enough to imagine that it would be easier to calm the most furious hurricane at sea, or flames of fire, than to curb the unbridled insolence of the multitude.
tanquam pilam rapiunt inter se reipublicae statum, tyranni ab regibus; ab iis autem principes aut populi; a quibus aut factiones aut tyranni; nee diutius unquam tenetur idem reipublicae modus. I, 44. Then tyrants snatch the government from kings as in a game of ball; from them the nobles or people in their turn, to whom succeed factious parties or tyrants; nor does the same form of government ever remain for any length of time.
Sic
Nimiaque
ilia
nimiam
servitutem cadit.
44.
DE REPUBLICA
That excess of liberty, both with eventuates in an excess of servitude.
nations
535
and individuals, De
Republica.
ita sit, tribus primis generibus longe praestat sententia regium; regio autem ipsi praestabit id, quod erit aequatum et temperatum ex tribus optimis rerum publicarum modis. Placet enim esse quiddam in republica praestans et regale; esse aliud auctoritate principum partum ac tributum; esse quasdam res servatas judicio voluntatique multitudinis. I, 45.
Quod cum
mea
by far the best of which is made up and formed of the three best kinds of government. In a state there ought to be something super-eminent and royal another portion of power ought to be assigned to the nobles, and some ought to be reserved for the lower classes.
Since this
is so,
in
my
opinion monarchy
is
is
excelled by that
Nostra autem respublica non unius esset ingenio, sed multorum, nee una hominis
et aetatibus.
II,
vita,
1.
Our
from the brain of one man, but of consolidated in a lifetime, but in the course of
Est maritimis urbibus quaedam corruptela ac demutatio admiscentur enim novis sermonibus ac disciplinis, et importantur non merces solum adventiciae, sed etiam mores, ut nihil possit in patriis institutis manere integrum.
morum
II,
4.
In maritime
cities
there
is
manners, and there are imported not only foreign merchandise but manners also, so there is no fixity in the institutions of the
\
country.
Semper
plurimi.
1
in republica
II,
tenendum
est,
ne plurimum valeant
22.
In a state this rule ought always to be observed, that the greatest the predominant power.
Ipsum regale genus civitatis non modo non est reprehendendum, sed haud scio an reliquis simplicibus longe anteponendum. II, 23.
536
AND WORKS
De
Republica.
is is
Sine
II,
summa
justitia
rem publicam
geri nullo
modo
posse.
44.
Without
state.
it
is
impossible to direct a
non
Justice commands us to have mercy on all men, to consult for the interests of mankind, to give everyone his due, not to commit
sacrilege,
and not
Nulla
malit,
quam
is
servire juste.
Ill,
There
Est vera lex recta ratio, naturae congruens, diffusa in omnes, constans, sempiterna, quae vocet ad officium jubendo, a fraude deterreat, quae tamen neque probos frustra jubet aut vetat, nee improbos jubendo aut vetando movet. Huic legi nee abrogari fas est, neque derogari ex hac aliquid licet, neque tota abrogari potest; nee vero aut per senatum aut per populum solvi hac lege possumus; neque est quaerendus explanator aut interpres ejus alius;
nee erit alia lex Romae, alia Athenis, alia nunc, alia posthac, sed et omnes gentes et omni tempore una lex et sempiterna et immutabilis continebit, unusque erit communis quasi magister et imperator omnium deus, ille legis hujus inventor, disceptator, lator; cui qui non parebit, luet maximas poenas, etiamsi cetera supplicia, quae ipse se fugiet, ac naturam hominis aspernatus hoc ipso putantur, effugerit. Ill, 22. True law is right reason, in unison with nature, pervading all, never varying, eternal, which summons man to duty by its commands, deters him from fraudulent acts, which, moreover, neither commands nor forbids the good in vain, nor yet affects the bad by
,
commanding or
nor
is it
forbidding. It is not allowable to annul this law, lawful to take anything from it, nor to abrogate it alto-
SOMNIUM
;
;
SCIPIONIS
De
537
gether nor are we able to be released from it, either by the Senate or by the people nor is there any other expounder or interpreter to be sought nor will there be one law for Rome, another law for Athens, one law today, another law tomorrow, but one eternal and immutable law for all nations and for all ages, as God the common master and ruler of all the author, the interpreter, the
;
Republica.
is
one.
Whoever
it
will
fly
from himself, and despise the nature of man, and by that very circumstance will suffer the severest punishments, though he may escape other things which men are wont to regard as punishments.
Nullum bellum
aut pro salute.
pro
fide
23.
War
preserve either
should only be undertaken by a highly civilized state to its religion or its existence.
alia
Vult plane virtus honorem; nee est virtutis ulla merces. Ill, 28.
Virtue truly desires honor; nor
virtue.
is
In dissensione
civili,
cum boni
plus
quam
multi valent,
VI,
1
expendendos ment].
cives,
[Frag-
In civil dissensions, where character is worth more than mere jNombers^ Ave should, I think, weigh our fellow-citizens, and not count them merely.
Ii vivunt qui ex corporum vinculis, tanquam e carcere, evolaverunt. VI, 14.
as
Those truly live who have escaped from the from a prison.
(SOMNIUM SCIPIONIS)
Sic habeto,
omnibus qui patriam conservarint, adjuverint, Somnium auxerint, certum esse in coelo ac definitum locum, ubi beati Sdpionis. Nihil est enim illi principi aevo sempiterno fruantur. Deo, qui omnem hunc mundum regit, quod quidem in terris fiat, acceptius, quam concilia, coetusque hominum, jure sociati, quae civitates appellantur; harum rectores et conservatores hinc profecti, hue revertuntur. 3.
Be persuaded
for those
who have
that there is a certain separate place in heaven preserved, aided, and ameliorated their country,
538
Somnium
Scipionis.
AND WORKS
where they may enjoy happiness to all eternity. For there is nothing on earth which gives more pleasure to that Supreme Being who governs this world, than the meetings and assemblies of men, bound together by social rights, which are called states; the governors and the preservers of these coming thence return to the
same
place.
Immo
vero, inquit,
ii
tamquam e carcere, evolaverunt: vita mors est. 3. No doubt, replied Scipio, those are
from the chains of the body
called life
loose
as
from
a prison;
your condition
is
in truth
but death.
Nisi
Deus
istis te
is, cujus hoc templum est omne, quod conspicis > corporis custodiis liberaverit, hue tibi aditus pater
non
potest.
3.
Unless the God, whose temple the whole of this is which thou beholdest, shall release thee from these bonds of the body, thou
canst not enter here.
Quare
omnibus retinendus est animus nee injussu ejus, a quo ille est vobis datus, ex hominum vita migrandum est, ne munus humanum assignatum a Deo defugisse videamini. 3. Wherefore, Publius, thou and all the good must keep the soul^ in the body, nor must men leave this life without the permission of the Being by whom it has been given, lest thou shouldst seem to treat contemptuously the gift of life conferred on thee by the Supreme Being.
et tibi, Publi, et piis
in custodia corporis;
nam domum
Igitur alte spectare si voles, atque hanc sedem, et aetercontueri neque te sermonibus vulgi dederis, nee in praemiis humanis spem posueris rerum tuarum sui$i te oportet illecebris ipsa virtus trahat ad verum decus; quid de te alii loquantur, ipsi videant: sed loquentur
:
:
tamen.
7.
Therefore, if thou wilt only turn thy eyes upwards, and look to that heavenly abode and eternal dwelling-place, thou wilt pay no regard to the gossip of the vulgar, nor place thy hopes in the rewards of men virtue by its allurements must attract thee to true honor; what others say of thee let them see to it, yet talk
;
j
I
they will.
DE SENECTUTE
Tu
539
vero enitere, et sic habeto, non esse te mortalem, sed Somnium corpus hoc. Non enim tu is es quern forma ista declarat: Scipionis. sed mens cujusque, is est quisque; non ea figura, quae Deum te igitur scito esse: digito demonstrari potest. siquidem Deus est, qui viget, qui sentit, qui meminit, qui
providet, qui tarn regit, et moderatur, et movet id corpus, cui praepositus est, quam hunc mundum ille princeps Deus et ut mundum ex quadam parte mortalem ipse Deus aeternus, sic fragile corpus animus sempiternus movet. 8.
:
Do thou exert thyself, and believe that it is not thou but thy body that is mortal. For thou art not the being whom this figure shows, but the mind is the man, and not the figure which can be pointed at with the finger. Know therefore that thou art a divine being, since it is a Deity in thee which moves, feels, remembers, foresees, rules, and governs that body over which it is placed, in the very same way as the Supreme Being governs this world and as the Eternal God directs this world, which is in a certain degree
;
DE SENECTUTE
Quibus nihil opis est in ipsis ad bene beateque vivendum, iis omnis gravis est aetas: qui autem omnia bona a se ipsi
DeSenectute.
quod naturae necesprimis est senectus: quam ut adipiscantur omnes optant, eandem accusant adepti tanta est inconstantia stultitiae, atque perversitas. Obrepere aiunt earn citius quam putassent. Primum, quis coegit eos falsum putare? qui enim citius adolescentiae senectus, quam pueritiae adolescentia obrepit? Deinde, qui minus gravis esset iis senectus, si octingentesimum annum agerent, quam octogesimum? praeterita enim aetas, quamvis longa, cum effluxisset, nulla consolatione permulcere posset stultam senectutem. 2. Every stage of life is a burden to those who have no fund of
petunt,
iis
nihil potest
malum
videri,
sitas afferat.
Quo
in
genere
in
happiness within themselves: but they who derive all their felicity from this source cannot possibly think anything grievous that proceeds from the stated order of nature. In which class old age may, in a special manner, be ranked the attainment whereof is the universal wish of mankind who make it no less the subject of complaint, when obtained. So great is the mutability of their folly and perverseness It has stolen upon us, say they, sooner
: ;
!
540
DeSenectute.
AND WORKS
But then who obliged them to could have imagined. For how faster, pray, does old age a false computation? Again, what less creep upon youth, than youth upon infancy? burdensome would old age be, should they live to eight hundred years, than it is at eighty? For the past part of life, however
we
make
long that
may
be,
ridiculous in
itself.
Quocirca
si
sapientiam
meam
admirarl
soletis,
in
hoc
sumus
sapientes,
2. eique paremus. Wherefore if I have any claim to that wisdom which you are wont to admire, it lies in this, that I follow nature with implicit obedience and resign myself to all her sacred ordinances.
deum sequimur
extremum,
et
tamquam
est molli-
arborum
tiva, quasi
vietum, et caducum
quod ferendum
gigantum
ter sapienti.
Quid enim
est aliud,
modo
bellare
cum
It that,
diis, nisi
set, and with the fruits of trees and of the earth, seasons should be allowed for their springing, growing, ripening, and at last to drop. This wise men will cheerfully submit to nor could anything else be meant by the stories told of the giants warring against the gods, than men's rebelling against nature and its laws.
is
3.
fretful disposition will,
life
wherever
whatsoever unhappy.
Ut
Themistocles fertur Seriphio cuidam in jurgio responquum ille dixisset non eum sua, sed patriae gloria splendorem assecutum Nee hercule, inquit, si ego Seriphius essem nobilis; nee tu, si Atheniensis esses, clarus
disse,
:
native of the island of Seriphos told Themistocles in some altercation, that he was indebted for his illustrious fame not to the intrinsic merit of his actions, but to the country in which he had the good fortune to be born, "It may be so," replied the Athenian general, "for if I had been born at Seriphos, I could have had no opportunity of developing my talents; but
3.
DE SENECTUTE
permit
figure
541
me to remind you that yours would never have cut any DeSenectute. though you had been born at Athens."
Aptissima omnino sunt, Scipio et Laeli, arma senectutis, artes, exercitationesque virtutum, quae in omni aetate cultae, cum multum, diuque vixeris, mirificos efferunt fructus, non solum quia numquam deserunt, ne in extremo
quidem tempore aetatis (quamquam id maximum est), verum etiam quia conscientia bene actae vitae, multorumque benefactorum recordatio, jucundissima est. 3.
But the
spent
life
best
armor of old
age, Scipio
and Laelius,
is
a well-
preceding it; a life employed in the pursuit of useful knowledge, in honorable actions and in the practice of virtue in which he who labors to improve himself from his youth will in age reap the happiest fruits of them; not only because these never leave a man, not even in the extremest old age, but because a conscience bearing witness that our life was well spent, together with the remembrance of past good actions, yields an unspeakable
;
comfort to the
soul.
As
pure
5.
et
life
"Sicut fortis equus, spatio quae saepe supreme Vicit Olympia, nunc senio confectu' quiescit."
5.
Temeritas
senescentis.
est
6.
videlicet
florentis
aetatis,
prudentia
Rashness
is
Non
viribus, aut velocitatibus, aut celeritate corporum res consilio, auctoritate, sententia:
modo non
'
542
DeSenectute.
AND WORKS
For it is neither by bodily strength, nor swiftness, nor agility, momentous affairs are carried on, but by judgment, counsel, and authority, the abilities for which are so far from failing in old
age, that they truly increase with
it.
Nee vero
serat,
respondere: Diis immortalibus, qui me non accipere modo haec a majoribus voluerunt, sed etiam posteris prodere. 7.
Nor,
if
whom
it
is
he
is
thus
laboring, will he be at any loss to answer thus: "I do it," he will say, "for the immortal gods, who, as they bestowed these grounds
on me, require
to posterity,
at
who
my hands that I should transmit them improved are to succeed me in the possession of them."
Nemo
vivere.
enim
7.
is
annum non
putet posse
There
no one
Libidinosa etenim, et intemperans adolescentia effoetum corpus tradit senectuti. 9. A youth of sensuality and intemperance delivers over a wornout body to old age.
Quid enim
tutis?
An
9.
adolescentes doceat, instituat, ad omne officii munuj instruat? quo quidem opere quid potest esse praeclarius?
Indeed what
is
there
? I suppose it will not be denied that old age possesses the faculties necessary for instructing the youth and training them in every noble duty. What occupation, indeed, could be more splendid than this?
Quod
viribus.
est,
agere
pro
9.
What
hand,
we ought
one has, that one ought to use and whatever to do it with all our might.
we
take in
Utrum
igitur has corporis, an Pythagorae tibi malis vires ingenii dari? denique isto bono utare, dum adsit: cum Nisi forte adolescentes pueritiam, absit, ne requiras.
DE SENECTUTE
paullum aetate progressi adolescentiam debeant requirere. Cursus est certus aetatis, et una via naturae, eaque simplex: suaque cuique parti aetatis, tempestivitas est data; ut et infirmitas puerorum, et ferocitas juvenum, et gravi-
543
DeSenectute.
jam constantis aetatis, et senectutis maturitas naturale quiddam habeat, quod suo tempore percipi debeat. 10. Now, if the choice were given you, which would you prefer,
tas
short, while
In Milo's strength of body, or Pythagoras' abilities of mind? you have strength use it when it leaves you, no more repine for the want of it, than you did when lads that your childhood was past, or at the years of manhood that you were no longer boys. The stages of life are fixed nature is the same in all, and goes on in a plain and steady course: every part of life, like the year, has its peculiar season as children are by nature weak, youth is rash and bold staid manhood more solid and grave and so old age in its maturity has something natural to itself that ought par;
ticularly to
recommend
it.
assensus veteri 1111 laudatoque proverbio, quod monet, mature fieri senem, si diu velis senex esse. 10.
I have never admitted the truth of the old and accepted saying, which asserts that you will early become an old man, if you have
cunt; animi
as
Corpora quidem defatigatione, et exercitatione ingravesautem exercitando levantur. II. The body, we know, when over-labored, becomes heavy, and,
it were, jaded; but it is exercise alone that supports the and keeps the mind vigorous.
spirits
Ut enim
in
adolescentem,
in
quo
quo
corpore senex esse poterit, animo numquam erit. II. As I love to see the ardor of youth somewhat tempered with
the gravity of age, so I am equally pleased to see the torpor of age enlivened by the brightness of youth and he who unites these qualities, though years advance, will remain ever young in spirit.
;
gratia, quid
die
1 1.
dixerim,
audierim,
egerim,
commemoro
544
DeSenectute.
AND WORKS
For the purpose of training my memory I have observed the custom of the Pythagoreans in recalling at evening whatever I have said or heard or done in the course of the day.
Ista senilis stultitia,
solet,
senum
senile stupidity which we call dotage is not characteristic of all old men, but only of those of small mental capacity.
levium That
est,
non omnium,
n.
Voluptas mentis (ut ita dicam) praestringit oculos, nee habet ullum cum virtute commercium. 12.
Pleasure blinds, so to say, the eyes of the mind, and has no fellowship with virtue.
Cumque homini sive natura, sive quis deus nihil mente praestabilius dedisset; huic divino muneri, ac dono nihil esse tarn inimicum, quam voluptatem. 12.
man
owned that the most noble and excellent gift of heaven to reason and it is as sure, that of all the enemies reason has to engage with, pleasure is the most capital.
It
is is
;
siones, hinc
cum
12.
i$
"The
man from
nature
bodily pleasure when the passions are indulged, and strong, inordinate desires are raised and set in motion for obtaining it. For this have men betrayed their country for this have states and governments been plunged in ruin for this have treacherous correspondences been held with public enemies."
;
;
aliquid dandum est voluptati, quoniam ejus blandi-! non facile obsistimus (divine enim Plato escam malorum, voluptatem appellat, quod ea videlicet homines
Sed
si
tiis
quamquam
tamen
immoderatis:
conviviis delectari
it, that pleasure should have a vei strong hold on us, and the inclination to it appears deeply foundc in our very composition (and it is with too much justice that tl divine Plato calls it the bait of evil, by which men are caught
Yet
DE SENECTUTE
with a hook) therefore though age is not taken, nor can well bear with those splendid sumptuous feastings and revels, yet we are not so insensible to the pleasures of life, but that we can indulge ourselves.
fish
;
545
DeSenectute,
Venio nunc ad voluptates agricolarum, quibus ego incrediquae nee ulla impediuntur senectute, et mihi ad sapientis vitam proxime videntur accedere. 15. But I am now come to speak of the pleasures of a country life,
biliter delector:
with which I am infinitely delighted. To these old age never is an obstruction. It is the life of nature, and appears to me the precise course which a wise man ought to follow.
Habet
senectus, honorata praesertim, tantam auctoritatem, ut ea pluris sit, quam omnes adolescentiae voluptates. 17.
Old age
respect
all
in a person graced with honors is attended with such and authority that the sense of this alone is preferable to the pleasures youth can enjoy.
Apex
17.
life
Avaritia vero senilis quid sibi velit non intelligo. Potest enim quidquam esse absurdius quam quo. minus viae restat, eo plus viatici quaerere? 18.
I
more absurd than to add more and more your journey as you draw nearer to its end?
be
Sensi ego in optimo filio, tu in exspectatis ad amplissimam dignitatem fratribus, Scipio, mortem omni aetati esse
you, Scipio, in your brothers, who had given felt that death is the
O dii mum
fuit
tempus expectemus Tartessiorum regis aetatem enim (ut scriptum video) Arganthonius quidam
:
546
DeSenectute.
AND WORKS
vixit:
in
illud,
Gadibus, qui octoginta regnavit annos, centum et viginti Sed mihi ne diuturnum quidem quidquam videtur,
quo est aliquid extremum; cum enim id advenit, tunc quod praeteriit, effluxit: tantum remanet, quod virtute, et recte factis consecutus sis; horae quidem cedunt, et dies, et menses, et anni: nee praeteritum tempus urnquam revertitur, nee quid sequatur, sciri potest; quod cuique temporis ad vivendum datur, eo debet esse conNeque enim histrioni, ut placeat, peragenda est tentus. fabula, modo, in quocumque, fuerit actu, probetur: neque sapienti usque ad Plaudite vivendum. Breve enim tempus aetatis satis est longum ad bene, honesteque vivendum. 1 9.
Yet, good gods! what is it in life that can be said to be of long duration? Though we should hold it to the utmost extent of age, or admit we should live the days of that Tartessian king (for I have read that one Arganthonius reigned at Cadiz fourscore years, and lived to a hundred and twenty), yet in my opinion nothing can properly be termed lasting that has a certain period fixed: for when that is once come, all the past is over and gone; and in the business of life, when that is run out, nothing remains The to us but what results from past good and virtuous actions. hours, the days, the months, and years, all slide away, nor can the past time ever more return, or what is to follow be foreknown. ought all to be content with the time and portion assigned us. No man expects of any one actor in the theater that he should perform all the parts of the piece himself: one role only is committed to him, and whatever that be, if he acts it well, he is applauded. In the same way, it is not the part of a wise man to desire to be busy in these scenes to the last plaudit. short term may be long enough to live it well and honorably.
We
Horae quidem
teritum tempus
potest.
19.
unquam
The hours pass by, and the days and months and years; the time that is past never returns, and what is to come none can tell.
Breve enim tempus
honesteque vivendum.
aetatis,
satis
longum
est
ad bene
live
19.
Our
span of
life is brief,
but
it is
well
and honestly.
Adolescentes mihi mori sic videntur, ut quam multitudine vis flammae oprimitur; senes autem
aquae
sic,
ut
DE SENECTUTE
cum sua
sponte,
19.
547
nulla
adhibita
vi,
consumptus
ignis DeSenectute.
exstinguitur.
The death of the young seems to me to resemble the sudden extinction of a flame with volumes of water; the old seem rather
to die as a fire
which
flickers
out of
itself.
Moriendum enim
die.
20.
this
No man
may not
Vivendi
finis
The
when
the
puts a period to its work, while the other senses are sound.
same nature, which has united, mind is uninjured and all the
Nam, dum sumus in his inclusi compagibus corporis, munere quodam necessitatis, et gravi opere perfungimur.
Est enim animus coelestis ex altissimo domicilio depressus, et quasi demersus in terram, locum divinae naturae, aeterSed credo, deos immortales sparnitatique contrarium. sisse animos in corpora humana, ut esent, qui terras tuerentur, quique coelestium ordinem contemplantes, imitarentur
eum vitae modo, atque constantia. 21. For while we are closed in these mortal frames, our bodies, we are bound down to a law of necessity, that obliges us with labor
to attend to the discharge of the several
and pains
it
incumbent duties
are of a heavenly original, descended from the blissful seats above, thrust down and immersed into these gross habitations of the earth, a situation altogether unsuitable to a divine and eternal nature. But the immortal gods, I believe, thought fit to throw our immortal minds into these human bodies,
requires.
might be peopled with inhabitants capable of contemplating and admiring the beauty and order of the heavens, and the whole creation that from this great exemplar they might form their conduct and regulate their lives, with the like unerring
;
steadiness.
Mihi quidem nunquam persuaderi potuit, animos, dum in corporibus essent mortalibus, vivere cum exiissent ex iis, emori nee vero, turn animum esse insipientem, cum ex
;
548
DeSenectute.
AND WORKS
cor-
corpore
exiiset; sed
poris liberatus, purus et integer esse coepisset, turn esse 22. sapientem.
I
and
that,
when
they leave them, they die; or that they lose all sense when parted from these vehicles; but, on the contrary, when the mind is wholly freed from all corporeal mixture, and begins to be purified and to recover itself again, then, and then only, it becomes truly knowing
and wise.
Atqui dormientium animi maxime declarant divinitatem suam multa enim, cum remissi, et liberi sunt, futura pro;
Ex quo intelligitur, quales futuri sunt, cum se plane corporis vinculis relaxaverint. 22. But the soul in sleep, above all other times, gives proofs of its divine nature; for when free and disengaged from the immediate service of the body, it has frequently a foresight of things to come from whence we may more clearly conceive what will be its state when entirely freed from this bodily prison.
spiciunt.
si quis deus mihi largiatur, ut ex hac aetate repueriscam, et in cunis vagiam, valde recusem nee vero velim, quasi decurso, spatio, ad carceres a calce revocari. 23. But if any god were to grant that at this age I might become a child again and cry in the cradle, I should decidedly refuse, nor should I wish to be recalled from the goal to the starting-post, as if it were a race-course.
:
Quod
Neque me
f rustra
vixisse
poenitet:
quoniam
:
ita
vixi,
ut
non
me natum
23.
existimem
quam
ex hospitio, non tamquam ex domo; commorandi enim natura deversorium nobis, non habitandi locum
dedit.
passed
came into, and have so far world because I have so lived in it, that and when I have reason to believe I have been of some use to it the close comes, I shall quit life as I would an inn, and not as a real home. For nature appears to me to have ordained this station here for us, as a place of sojourn, a transitory abode only, and not as a fixed settlement or permanent habitation.
For
am not at my course in
I
all
regretful that I
;
this
Quod
si in hoc erro, quod animos hominum immortales esse credam, lubenter erro; nee mihi hunc errorem, quo
EPISTOLAE AD
delector,
BRUTUM
'
549
Sin mortuus (ut DeSenectute. vivo extorquere volo. nihil sentiam non philosophi censent) quidam minuti vereor ne hunc errorem meum philosophi mortui irri:
dum
deant.
If I
23.
man is immortal, nor have I any desire, while life lasts, to eradicate But if, after death (as some the error in which I take delight. small philosophers think), I shall feel nothing, I have no fear that
am
I err willingly
my
error.
ut aliarum
omnium rerum,
sic
vivendi
praeclarum diem, quum ad illud divinum animorum concilium coetumque proficiscar, quum que ex hac turba Proficiscar enim non ad eos et colluvione discedam solum viros, de quibus ante dixi, verum etiam ad Catonem meum, quo nemo vir melior natus est, nemo pietate quod praestantior; cujus a me corpus est crematum animus vero non me desecontra decuit ab illo meum rens, sed respectans, in ea profecto loca discessit, quo mihi ipsi cernebat esse veniendum. 23. glorious day when I shall enter that divine company and home of souls, when I shall leave this turmoil and conflux of
!
men
of
whom
have
my
Cato, than
whom
no better
man was
ever born, no man more eminent in all good works, for whom I performed the last sad rites, when it seemed more fitting that he should mourn for me: whose soul not forgetting me, but often looking back upon me, departed to that place whither it perceived that I, too, soon must come.
EPISTOLAE AD BRUTUM
Nee vero me
It does
fugit,
lui.
quam
I,
sit
Epistolae
filiorum poenis
12.
that
it is
Ad Bmtum
not escape
me
state
regulated by
two
things,
550
Epistolae
AND WORKS
recte
I, 1
quam memoria
factorum
6.
et
AdBrutum.
What is better than to live in the contentment arising out of freedom and the recollection of duty well performed, careless of
the things of this earth
?
FRAGMENTA
Fragmenta.
In primoribus habent, ut aiunt, labris. They have it on the tip of the tongue, as
Romam
x,
[De
Suis
122.
How
In that
(Gifford.)
IN CATILINAM
in
Catilinam.
Quousque
tra ?
nospatientia Catilina, abutere, diu etiam furor iste tuus nos eludet? Quam ad finem sese effrenata iactabit audacia? I, 1. Catiline, do you mean to cease abusing our patience? When, How long is that madness of yours still to mock us? When is there to be an end of that unbridled audacity of yours, swaggering about as it does now?
tandem
Quam
O O
temporal
mores!
I,
1.
What
times!
what morals!
videt: hie
temporal O mores! Senatus haec intelligit, consul tamen vivit. Vivit? immo, vero etiam in senavenit.
I,
tum
1.
Oh! the degeneracy of the times and their manners! The Senate is aware of these things, the consul sees them, yet this man nay, he comes even into the very Senate. lives, do I say ? li ves
te etiam oculi et aures non sentientem, sicut adhuc fecerunt, speculabuntur atque custodient. I, 2. The eyes and ears, too, of many will see and watch you without
Multorum
O dii
Ye
I,
4.
IN CATILINAM
Patria est communis parens
551
I,
omnium nostrum.
parent of
II,
7.
in
Our
country
is
the
common
all.
Cahhnam.
1.
gone, he has fled, he has eluded our vigilance, he has broken through our guards.
is
He
cum
est.
luxuria nobis,
II,
certandum
5.
The enemy is within the gates; it is with our own luxury, our own folly, our own criminality that we have to contend.
Neque enim turpis mors foxti viro potest accidere, neque immatura consulari, neque misera sapienti. IV, 2.
to
Death cannot be dishonorable to the brave man, or premature him who has held high office, or lamentable to the philosopher.
est
Multo magis
in
patriam,
It
quam ne
in
vehementes
ity
would be far better to risk appearing vindictive by the severof the measures taken against our implacable foes, than by remitting their well-deserved punishment to cause injury to the
state.
Videor enim mihi videre hanc urbem, lucem orbis terrarum atque arcem omnium gentium, subito uno incendio Cerno animo sepulta in patria miseros concidentem. Versatur mihi ante atque insepultos acervos civium.
o,culos aspectus
chantis.
Cum
purpuratum Gabinium, cum exercitu venisse Catilinam, turn lamentationem matrum familias, turn fugam virginum atque puerorum ac vexationem virginum Vestalium perhorresco; et quia mihi vehementer haec videntur misera atque miseranda, idcirco in eos qui ea perficere voluerunt me severum vehementemque praebeo. Etenim quaero, si quis pater familias, liberis suis a servo interfectis, uxore occisa, incensa domo, supplicium de servo non quam acerbissimum sumpserit, utrum is clemens ac misericors, an inhumanissimus et crudelissimus esse videatur? Mihi
sicut ipse ex fatis se sperasse confessus est,
esse huic
552
In
AND WORKS
Catihnam.
vero importunus ac ferreus, qui non dolore et cruciatu nocentis suum dolorem cruciatumque lenierit. Sic nos in his hominibus qui nos, qui coniuges, qui liberos nostros trucidare voluerunt; qui singulas unius cuiusque nostrum domos et hoc universum rei publicae domicilium delere
conati
ut
gentem Allobrogum
in
vehementissimi fuerimus, misericordes haberemissiores esse voluerimus, summae nobis crudelitatis in patriae civiumque pernicie fama subeunda
locarent,
si
bimur:
est.
sin
iv, 6.
I
For
seem to myself to
and
the citadel of all nations, suddenly falling by one conflagration. I see in my mind's eye miserable and unburied heaps of citizens in
buried country; the sight of Cethegus and his madness raging But when I is ever present to my mind's eye. have set before myself Lentulus reigning, as he himself confesses that he had hoped was his destiny, and this Gabinius arrayed in the purple, and Catiline arrived with his army, then I shudder at the lamentation of matrons, and the flight of virgins and of boys, and the insults to the vestal virgins; and because these things appear to me exceedingly miserable and pitiable, therefore I show myself severe and rigorous to those who have wished to bring about this state of things. I ask, forsooth, if any father of a family, supposing his children had been slain by a slave, his wife murdered, his house burnt, were not to inflict on his slaves the severest possible punishment, would he appear clement and merciful, or most inhuman and cruel? To me he would seem unnatural and hardhearted who did not soothe his own pain and anguish by the pain
my
who
and
and torture of the criminal. And so we, in the case of these men desired to murder us, and our wives, and our children who
;
us,
designed to place the nation of the Allobroges on the ruins of this city and on the ashes of the Empire destroyed by fire if we are very rigorous, we shall be considered merciful if we choose to be lax, we must endure the reputation of being guilty of the greatest cruelty, to the damage of
of all
;
home
who
Nunc, ante quam ad sententiam redeo, de me pauca dicam. Ego, quanta manus est coniuratorum, quam videtis esse permagnam, tantam me inimicorum multitudinem suscepisse video: sed earn iudico esse turpem et infirmam et
abiectam.
Quod
si
IN PISONEM
553
concitata manus ista plus valuerit quam vestra ac rei In Cattlinam publicae dignitas, me tamen meorum factorum atque consiliorum numquam, patres conscripti, poenitebit. Etenim mors, quam illi fortasse minitantur, omnibus est parata: vitae tantam laudem, quanta vos me vestris decretis honesCeteris enim semper bene tastis, nemo est adsecutus. gesta, mihi uni conservata re publica, gratulationem
decrevistis.
IV,
10.
before I return to the decision, I will say a few words concerning myself. As numerous as is the band of conspirators so numerous a multitude of and you see that it is very great But I conenemies do I see that I have brought upon myself. sider them base and powerless and despicable and abject. And if at any time that band shall be excited by the wickedness and
Now,
madness of anyone, and shall show itself more powerful than Conscript Fathers, your dignity and that of the Republic, yet, Death, I shall never repent of my actions and of my advice! indeed, which they perhaps threaten me with, is prepared for all men such glory during life as you have honored me with by your For you have passed votes of decrees no one has ever attained to. congratulation to others for having governed the Republic successfully, but to me alone for having saved it.
IN PISONEM
Vultus totus sermo quidam tacitus mentis
est.
I.
In Pisonem.
The whole
countenance
is
Abdomini suo
Born
sition of glory
natus,
gloriae.
17.
for the gratification of his appetite and not for the acqui-
and honor.
Sua quemque fraus, suum facinus, suum scelus, sua audacia de sanitate ac mente deturbat: hae sunt impiorum furiae, hae flammae, hae faces. 20. It is a man's own dishonesty, his crimes, his wickedness, and barefaced assurance, that take away from him soundness of mind
these are the furies, these the flames
rumorem.
fame that
is
got
by
silly reports.
554
inPisonem.
AND WORKS
officii
et
bene
Quae quidem
paene
Such
to me,
turpis.
praise,
its
recipient.
(Deinde hoc ita fit ut) viri fortes, etiam si ferro inter se cominus decertarint, tamen illud contentionis odium simul cum ipsa pugna armisque ponant. 32.
Brave men, though they have been engaged
lay aside their hatred
in
mortal combat,
when
.
.
Habet hoc
virtus
etiam in hoste posita, delectet. 32. There is this to be said of virtue, that
delight us, even in an enemy.
Si
quidem potest
vi et
nari.
extorted by
IN VATINIUM
inVatinium.
Quid quisque nostrum de se ipse loquatur, non est, sane, non est requirendum. Boni viri judicent. Id est maxime momenti et ponderis. 4.
What each one of us thinks of himself is really not the question. Let us take the opinion of virtuous men, which will have weight and importance.
IN
InVerrem.
VERREM
Nihil esse tarn sanctum quod non violari, nihil tarn munitum quod non expugnari pecunia possit. I, 2. There is no sanctuary so holy that money cannot profane it, no fortress so strong that money cannot take it by storm.
IN VERREM
Nulla est laus ibi esse integrum, ubi 16. I, possit aut conetur corrumpere.
has the
555
nemo
upright,
est,
where no one
Omnium
rum.
vit.
II,
est
communis
Nemo unquam
i,
15.
He is a common enemy who has been a foe to his own people. No man of sense has ever considered a traitor worthy of credence.
Nemo unquam
1,
II,
15-
No
wise
man
Nullae sunt
simulatione
I,
occultio.res insidiae,
officii
15.
is never more difficult of detection than when it concealed under a pretense of duty, or of some alleged necessity.
A conspiracy
Non modo
castris
in
quidem locus
in
meis
cuiquam
1,
38.
Not only no
traitor,
my
camp.
11,
1,
46.
Verrine
justice.
Incertum
II,
est,
sit.
1,
58.
is
It
uncertain
Qui
sibi hoc sumit ut corrigat mores aliorum ac peccata reprehendat, quis huic ignoscat, si qua in re ipse ab re-
ligione
officii
declinarit?
takes
II,
3, 1.
to correct the
When
man
upon himself
manners of
his
neighbor and to reprove his faults, who will forgive him if he has deviated in the slightest degree from the precise line of his duty?
556
InVerrem.
AND WORKS
ipsi
in
altero,
tibi
vehementer
3, 2.
Everything that thou reprovest in another thou must above all take care that thou art not thyself guilty of.
consuetudo peccandi quantam habes jucunditatem improbis et audacibus, quum poena abfuit et licentia consecuta est! II, 3, 76. Alas, the habit of evil-doing! what pleasure it affords to the depraved and the shameless, when punishment is in abeyance and
!
Ita serpit illud insitum natura malum consuetudine peccandi libera, finem audaciae ut statuere ipse non possit. H,3i 76.
The
when
set
evil
implanted
in
man
no limit
to his shamelessness.
res rusticae ejusmodi sunt, ut eas non ratio neque labor, sed res incertissimae, venti tempestatesque moderentur. II, 3, 98. All the results of agriculture are dependent, not so much on reason and diligence, as on those most uncertain of all things, winds and weather.
Totae
Cognatio studiorum
est conjuncta
et
artium
generis et nominis. 11, 4, 37. A relationship in pursuits and habits is almost as important the relationship of name and family.
quam
Res sacras non modo manibus attingi, sed ne cogitatiom quidem violari fas fuit. II, 4, 45.
Things sacred should not only not be touched with the hands
but
may
Civis
I
Romanus sum.
a
11,
v, 57.
am
Roman
citizen.
est.
11,
5,
64.
He must
be convicted by his
own
confession.
ORATOR
Tacitae magis et occultae inimicitiae timendae sunt quam indictae atque apertae, n, 5, 71. There is more to be feared from unspoken and concealed, than from open and declared hostility.
557
in Verrem
ORATOR
Prima enim sequentem, honestum
tiisque consistere.
1.
est
in
secundis,
ter-
Orator.
When you are aspiring to the highest place, it is honorable to reach the second, or even to linger in the third rank.
Sed ego sic statuo, nihil esse in ullo genere tarn pulchrum, quo non pulchrius id sit, unde illud, ut ex ore aliquo, quasi imago, exprimatur, quod neque oculis, neque auribus, neque ullo sensu percipi potest: cogitatione tantum, et mente complectimur. 2. I am of opinion that there is nothing of any kind so beautiful,
but there
is something still more beautiful, of which this is the mere image and expression as a portrait is of a person's face a something which can neither be perceived by the eyes, the ears, nor any of the senses; we comprehend it merely in the thoughts of our minds.
et grandiloqui, ut ita dicam, fuerunt cum ampla et sententiarum gravitate, et majestate verborum, vehementes, varii, copiosi, graves ad permovendos, et convertendos animos instructi, et parati: quod ipsum alii aspera, tristi, horrida oratione, neque perfecta, neque conclusa; alii levi, et instructa, et terminata. 5. For there have been grandiloquent orators, so to speak, impres:
Nam
and sonorous in their language, vehement, versatile, and copious; well trained and prepared to excite and turn the minds while the same effect has been produced by of their audience others, by a rude, rough, unpolished mode of address, without finish or delicacy; others, again, have effected the same by smooth, well-turned periods.
sive
;
Et contra
non ampliora,
tenues, acuti, omnia docentes, et dilucidiora, facientes, subtili quadam, et pressa oratione
limati. In eodemque genere alii callidi, sed impoliti, et consulto rudium similes et imperitorum alii in eadem
:
558
Orator.
AND WORKS
the other hand, there are orators of subtle and acute minds, well educated, making every subject which they treat clear, but adding little in reality to our knowledge, refined and correct in
their language. Among these some are crafty, but unpolished, and purposely rude and apparently unskilful while others exhibit more that is to say, they elegance in their barrenness and want of spirit are facetious, flowery in their language, and exhibit a shallow polish.
;
On
Quae
est autem in hominibus tanta perversitas, ut inventis frugibus glande vescantur? 9. What perversity is this in mankind, that when fruits are to be found they prefer to live on acorns?
Mira est enim quaedam natura vocis: cujus quidem, e tribus omnino sonis, inflexo, acuto, gravi, tanta sit, et tarn suavis varietas perfecta in cantibus. 17.
Wonderful indeed
is
the
power of the
voice, which,
though
in
shown
In omnibus rebus vivendum est, quatenus, etsi enim suus cuique modus est, tamen magis offendit nimium, quam parum. In quo Apelles pictores quoque eo,s peccare 22. dicebat, qui non sentirent, quid esset satis. we ought how far to go, for consider we must In everything though everything has its proper medium, yet too much is more
offensive than too
little.
who
Hence Apelles used to say that those did not know what was enough.
Is enim est eloquens, qui et humilia subtiliter, et magna 29. graviter, et mediocria temperate potest dicere.
He
is
the eloquent
delicacy,
man who
lofty
nature with
things
and moderate
things temperately.
Omnia
profecto
a
quum
When
affairs of
man
humanity,
turns from the study of divine philosophy to the all his thoughts and words will be loftier and
nobler.
PA RAD OX A
Nescire autem, quid antea,
est
559
natus
sis,
quam
acciderit,
id
Orator.
semper esse puerum. 34. Not to know what happened before one was born
is
always to
be a child.
Omnium magnarum
non potest 43. The arts, in their
no regard to their the former could not
artium, sicut arborum, altitudo nos non item; sed esse ilia sine his
developments, resemble trees, which which they have attained, while we pay roots or their trunks and yet, without the latter,
loftier
;
exist.
Me
ille
dissimulare non
That very common verse which forbids us "to be ashamed of speaking of the profession which we practice," does not allow me to conceal that I take delight in it.
Nec ego
quod
quod deest antiquitati flagito potius quam laudo praesertim quum ea majora judicem quae sunt, quam ilia quae desunt. 50. I am quite as ready to praise what is found in antiquity as to blame what is missing; especially as, in my opinion, its qualities
id
est;
outweigh
its
defects.
Notatio natiorae, et animadversio peperit artem. 55. Art is born of the observation and investigation of nature.
Necessitatis inventa sunt antiquiora
quam
voluptatis.
55.
The
those of pleasure.
PARADOXA
Nihil est tarn incredibile quod non dicendo fiat probabile; Paradoxa. nihil tarn horridum, tarn incultum, quod non splendescat oratione et tanquam excolatur. Prooemium. There is nothing too incredible to be rendered probable by a
skilful speaker; there
is
and
refine
it.
560
Paradoxa.
AND WORKS
ego neque pecunias istorum, neque magnifica, neque opes, neque imperia neque eas, quibus maxime adstricti sunt, voluptates in bonis rebus aut expetendis esse duxi: quippe cum viderem, rebus his circumfluentibus ea tamen desiderare maxime, quibus abundarent; neque enim expletur umquam, nee satiatur cupiditatis sitis: neque solum, ea qui habent, libidine augendi cruciantur sed etiam amittendi metu. I, I.
tecta
I have never, by Hercules, considered heaps of money, magnificent palaces, influence in the state, military commands, nor any of those pleasures of which men are particularly fond, as things either
Nunquam mehercule
good
desire
in
themselves or to be desired
in
inasmuch as
saw
that those
thirst of
who abounded
is
them
still
desired
The
never filled nor fully satisfied; those who possess such things are tormented not only with the wish to increase them, but also with the fear of losing them.
Plus apud
I,
me tamen
quam
vulgi opinio.
i.
Sound argument
opinion.
will have
Omnia mea porto mecum. [A saying I carry all my worldly goods with me.
Nihil est aliud bene et beate vivere,
vivere.
I,
of Bias]
I,
I.
nisi
honeste et recte
3.
is
To
live
nothing
else
and uprightly.
terribilis est iis, quorum cum vita omnia extinguunnon iis, quorum laus emori non potest: exsilium autem illis, quibus quasi circumscriptus est habitandi locus; non iis, qui omnem orbem terrarum, unam urbem esse ducunt. Te miseriae, te aerumnae premunt, qui te beatum,
Mors
tur;
qui florentem putas; tuae libidines te torquent:tu dies, noctesque cruciaris; cui nee sat est, quod est, et idipsum, ne non sit diuturnum, times: te conscientiae stimulant maleficiorum tuorum: te metus exanimant judiciorum, atque legum quocumque adspexisti, ut furiae, sic tuae II, 1. tibi occurrunt injuriae, quae te respirare non sinunt. Death is terrible to those with whose life all things come to an end, not to those whose fame cannot die but banishment is terrible to those who possess, as it were, a confined and circumscribed
:
;
PARADOXA
abode
city.
;
561
not to those who consider the whole habitable globe as one Paradoxa. Miseries and calamities press upon thee who thinkest thyself Thy lusts torture thee; thou art rich and increased with goods. tormented night and day; who never considerest enough what thou hast, and even fearest, lest that which thou hast should not continue with thee. The consciousness of thy evil deeds goads thee to madness; the fear of judgment and of the law racks thy mind;
wherever thou turnest thy eyes, thy unjust deeds, thee, and do not suffer thee to breathe.
like furies,
meet
virtus est, consentiens cum ratione et perpetua conNihil huic addi potest, quo magis virtus sit: nihil demi, ut vertutis nomen relinquatur. Ill, 1.
Una
stantia.
There
crease
its
is
inflexible rectitude.
that
title
but one virtue, which is in consonance with reason and Nothing can be added to this which will inclaim to the title of virtue nothing can be subtracted if is to remain.
:
Quis
gaudet
vivendi via considerata, atque provisa est? qui legibus quidem non propter metum paret, sed eas sequitur, atque colit, quia id salutare maxime esse judicat: qui nihil dicit, nihil facit, nihil cogitat denique, nisi libenter, ac libere cujus omnia consilia, resque omnes, quas gerit, ab ipso proficiscuntur, eodemque feruntur: nee est ulla res, quae plus apud eum polleat, quam ipsius voluntas, atque judicium: cui quidem etiam (quae vim habere maximam dicitur) Fortuna ipsa cedit: sicut sapiens poeta dixit: "Suis ea cuique fingitur moribus." V, 1.
officio, cui
:
therefore lives as he wishes, but the man who leads an upright life, who rejoices in the performance of his duty, who has considered well and thoughtfully the path of life he ought to pursue? who does not submit to the laws from fear, but pays respect and obedience to them because he considers that this is the most proper course; who says, does, and thinks nothing, in short, but of his own will, and freely; all whose plans and all whose acts are derived from and return to himself nor is there anything which has more authority with him than his own wishes and judgment. Even Fortune herself, which is said to have the greatest "A man's power, gives way to him: as the wise poet has said fortune has its form given to it by his habits."
;
Who
Animus hominis
ilia sit
dives,
te
plena,
dum
non area appellari solet. Quamvis inanem videbo, divitem non putabo.
VI, 1.
562
Paradoxa.
AND WORKS
is
a man's
his
money
chest
Though your
called rich.
I shall
never
O dii
immortales
sit
non
intelligunt homines,
VI, 3.
quam magnum
vectigal
parsimonia.
gods!
suis
rebus esse,
maximae
is
sunt certissi-
VI, 3.
To
riches.
be content with
Etenim si isti callidi rerum aestimatores, prata, et areas quasdam magno aestimant, quod ei generi possessionum minime quasi noceri potest: quanti est aestimanda virtus,
quae nee eripi, nee surripi potest unquam neque naufragio, neque incendio amittitur: nee tempestatum, nee temporum permutatione mutatur? qua praediti qui sunt,
:
soli
sunt divites.
if
VI, 3.
those cunning valuers of things prize highly meadows and certain pieces of ground, because such kind of possessions can be but little injured, at what a rate ought virtue to be esteemed, which can neither be taken away nor stolen nor can we lose it by
For,
shipwreck or fire nor is it to be changed by the power of tempests, or time? those who possess it are alone rich.
;
PHILIPPICAE
Philippicae.
Fit enim plerumque, ut ii, qui boni quid volunt afferre, affingant aliquid, quo faciant id, quod nuntiant, laetius.
i
3-
For it generally happens that those who wish to tell us good news make some fictitious addition, that the news which they bring us may give us more joy.
Est autem gloria laus recte factorum magnorumque in rempublicam fama meritorum, quae quum optimi cujusque, I, 12. turn etiam multitudinis testimonio comprobatur. True glory lies in noble deeds, and in the recognition, alike by leading men and by the nation at large, of valuable services rendered to the State,
PHILIPP1CAE
Beatus est nemo qui ea lege
sed etiam
I,
563
vivit, ut
Philippicae.
cum summa
14.
life
No one is happy who lives such a no crime, but would rather redound
Mihi fere
gloriam
I
:
murder would be
murderer.
satis
si
hue
est, quod vixi, vel ad aetatem vel ad quid accesserit, non tarn mihi quam vobis
I,
15.
have lived as long as I desire, in respect both of my years and of my honors; if my life be prolonged, it will be prolonged less for myself than for you and the state.
Quid est aliud, tollere e vita vitae societatem, quam amicorum colloquia absentium? II, 4.
tollere
To
to take
take the companionship of life from life, what else is it than away the means of absent friends conversing together?
II,
8.
civilian.
Quid enim
II,
interest inter
suasorem
facti et
probatorem?
and him
12.
What
who
difference
is
there between
him who
instigates
II,
Whom
batur.
did
it
benefit?
15.
is
I consider that peace at any price with our fellow-citizens preferable to civil war.
Homines, quamvis in turbidis rebus sint, tamen, si modo homines sunt, interdum animis relaxantur. II, 16. In whatever trouble men may be, yet so long as they are men,
they must occasionally have their
moments
11,
of cheerfulness.
27.
in profligacy.
564
Philippkae.
AND WORKS
11,
29.
foil?
wooden
Non
II,
est
32. Prudence
man
that
is
never sober.
Timor non
Fear
is
officii.
II,
36.
est
In publicis nihil est lege gravius: in privatis firmissimum testamentum. 11, 42.
In public affairs there is nothing weightier than law; in private matters nothing more binding than a will.
Et nomen pacis dulce est et ipsa res salutaris, sed inter pacem et servitutem plurimum interest. Pax est tranquilla libertas, servitus postremum malorum omnium, non modo bello, sed morte etiam repellendum. II, 44. The name of peace is sweet, and the thing itself is salutary, but
between peace and slavery there
is
wide
difference.
Peace
is
undisturbed liberty, slavery is the worst of at the cost of war, nay even of death.
Satis
II,
all evils, to
be resisted
in
ipsa
conscientia
pulcherrimi
facti
fructus
est.
44.
There
is
noble deed.
Fuit in
tio,
illo
res bello gesserat, quamvis reipublicae, calamitosas, attamen magnas; multos annos regnare meditatus, magno labore, magnis periculis quod cogitarat
diligentia:
effecerat: muneribus, monumentis, congiariis, epulis multitudinem imperitam, delenierat: suos praemiis, adverQuid multa? attusaries clementiae specie devinxerat. lerat jam liberae civitati partim metu, partim patientia
consuetudinem serviendi.
[Of Julius Caesar] 11, 45. judgment, memory, and culture; capacity, natural had great He was painstaking, thoughtful, and earnest; his military exploits, though disastrous to his country, were of the first magnitude; he
PHILIPPICAE
565
aimed for many years at the supreme power, and eventually, after Philippkae. great hardships and no little peril, reached the summit of his ambition he had won the affections of the ignorant populace by means of entertainments, banquets, largesses, and other public benefactions, while he had bound his immediate followers to him by his In a word, liberality, his opponents by an appearance of clemency. he had so revolutionized public feeling, that partly from fear, and partly from acquiescence, a state which prided itself upon its freedom had become accustomed to subjection.
;
Defendi republicum adolescens; non deseram senex; conQuin tempsi Catilinae gladio.s; non pertimescam tuos. etiam corpus libenter obtulerim, si repraesentari morte mea libertas civitatis potest; ut aliquando dolor populi Romani pariat quod jamdiu parturit. Etenim si, abhinc prope annos viginti, hoc ipso in templo, negavi posse mortem immaturam esse consulari, quanto verius nunc negabo seni! Mihi vero, jam etiam optanda mors est, perfuncto Duo modo rebus iis quas adeptus sum quasque gessi. haec opto unum, ut moriens populum Romanum liberum relinquam hoc mihi maius a dis immotalibus dari nihil potest: alterum ut ita cuique eveniat ut de republica quisque mereatur. II, 46. As a youth I defended the state; aged, I will not fail her. I spurned the sword of Catiline; I will not tremble at thine. Nay, I would gladly give my body to death, if that could assure the
;
;
our country and help the pains of the Roman people its long travail. Why, nearly twenty years ago in this very temple I declared that death could not come With how too soon for a man who had enjoyed a consulship. much more truth shall I declare it in my age To me death is to be desired I have finished with those rewards which I gained and those honors which I have achieved. Only these two prayers
liberty of
at
my
death
may may
leave the
Roman
people
by the immortal
gods), and, secondly, that every man deserve at the hands of the Republic.
so be requited as he
may
est imparatis.
in, I.
short time
is
aiunt,
lupum
111,
11.
What
a splendid shepherd
is
566
Philippicae.
AND WORKS
Nihil est detestabilius dedecore, nihil foedius servitute; et libertatem nati sumus; aut haec teneamus aut
dignitate
is
moriamur. in, 14. nothing more painful than dishonor, nothing more vile than slavery. have been born for the enjoyment of honor and liberty let us either retain these or die with dignity.
There
cum
We
Jucundiorem autem
Ill,
14.
is
Liberty
servitude.
Quanquam omnia
est
mobilia: virtus
una altissimis defixa radicibus, quae nunquam ulla vi labefactari potest, nunquam demoveri loco, iv, 5. While all other things are uncertain, evanescent, and ephemeral,
virtue alone
is fixed with deep roots it can neither be overthrown by any violence or moved from its place.
;
Nervos
belli,
pecuniam.
v, 2.
Money,
inclinationes
temporum
fiunt.
The most
influences.
trivial
Omne malum
Every
standing,
fit
plerumque robustius.
evil at its birth
it
easily suppressed
but,
if
it
be of long
Plerisque in rebus gerendis tarditas et procrastinatio odiosa est. vi, 3. In the management of most things slowness and procrastination
are hateful.
Aliae nationes servitutem pati possunt; populi Romani vi, 7. res est propria libertas. Other nations may be able to endure slavery; but liberty is the
very birthright of the
Roman
people.
PH1LIPP1CAE
Si
5 67
timus, pace
pace frui volumus, bellum gerendum est; si bellum omitnunquam fruemur. vil, 6. If we desire to enjoy peace, we must first wage war; if we
philippkae.
we
Cavete, per deos immortales! patres conscripti, ne spe praesentis pacis perpetuam pacem amittatis. vil, 8. For heaven's sake beware, lest in the hope of maintaining peace now, we lose the chance of a lasting peace hereafter.
Summi gubernatores
admoneri
solent.
in
VII, 9.
Even the ablest pilots are willing to receive advice gers in tempestuous weather.
Scelerum promissio
iis,
iis, qui expectant, perniciosa est et vni, 3. The promise of what is unjust brings evil both on those who are expecting it, and on those who make the promise.
et
qui promittunt.
In corpore
si
quid ejusmodi
est,
noceat, id uri secarique patimur, ut membrum aliquod potius quam totum corpus intereat: sic in reipublicae corpore, ut totum salvum sit, quidquid est pestiferum amputetur.
VIII, 5.
body there is anything of such a nature as to be injurious to the rest of the body, we permit it to be burnt out, or cut away, preferring to lose one of the members, rather than the whole body; so in the body politic, that the whole may be preserved, it is necessary to amputate whatever is noxious.
If in the
est
morte pejor.
VIII, 10.
from death
in
is
Vita enim
IX, 5.
mortuorum
live in the
memoria
vivorum.
The
dead
memory
of the living.
Est enim sapientis, quidquid homini accidere possit, id praemeditari ferendum modice esse, si advenerit: majoris
omnino est consilii, providere, ne quid tale accidat, sed animi non minoris, fortiter ferre, si evenerit. XI, 3.
568
Phtlippicae.
AND WORKS
wise should recollect that every event of life must be borne it shows a still higher character to anticipate and prevent coming evils, though it is not less noble to bear them with fortitude when they have overtaken us.
sunt
cor-
mind
Duas tamen res, magnas praesertim, non modo agere uno tempore, sed ne cogitando. quidem explicare quisquam
potest.
It
is
XI, 9.
impossible, either in action or in thought, to attend to
if
two
numine deorum
contraria.
ratio,
imperans
honesta,
prohibens
What
is
opposed thereto?
XI, 15.
to age.
Nihil enim semper floret; aetas succedit aetati. Nothing maintains its bloom forever age succeeds
;
Cujusvis hominis est errare: nullius, nisi insipientis, in errore perseverare. xn, 2. Every man may err, but no man who is not a fool may persist
in error.
Optimus est portus poenitenti mutatio consilii. XII, The safest haven for the penitent is altered conduct.
2.
se profiteatur,
eum
sapientes sui
XII, 10.
is
primum
capitis
The wise say that he to whose care the safety of many trusted must first show that he can take care of himself.
en-
569
nee
si
non
Philippicae.
xm,
6.
It is not the case that whatever is possible to a man is also lawful, nor is a thing permitted simply because it is not forbidden.
O
not
miser,
sis.
miser
quum xm,
re,
turn
hoc
ipso,
quod non
sentis
quam
know
17.
how
miserable man, both in fact, and in this also, that you miserable you are
suscipere
xm,
21.
The
worst of
life.
all is to
desire of
O fortunata mors, quae naturae debita pro patria potissimum reddita xiv, 12. Happy the death of him who pays the debt of nature for
!
est
his
country's sake.
in victoria gloriosa.
XIV, 12.
Brevis a natura nobis vita data est; at ditae vitae sempiterna. xiv, 12.
a
life
memoria bene
redof
Short is the life which nature has given us: but the nobly laid down is eternal.
memory
quam
bene- p 0S tReditum
inSenatu.
remunerandi, propterea quod superiorem esse contra improbos, minus est negotii, quam bonis exaequari. I, 9. We can more easily avenge an injury than requite a kindness;
for this reason: that there is less difficulty in getting the better of the wicked than in making one's self equal with the good.
Omnium
gentium
facile princeps.
II,
3.
among
the nations.
570
AND WORKS
PRO ARCHIA
Pro Archia.
Omnes artes quae ad humanitatem pertinent, habent quoddam commune vinculum, et quasi cognatione quadam inter
se continentur.
i.
common bond
of
quod quotidie tanta varietate rerum, nisi animos nostros doctrina excolamus, aut ferre animos tantam posse contentionem, nisi eos doctrina eadem relaxemus? 6.
tu existimas aut suppetere nobis posse,
in
An
dicamus
my
daily speeches
my mind
a strain,
by
if
up against such
not relieve
it
nisi multorum praeceptis, multisque literis mihi ab adolescentia suasissem, nihil esse in vita magnopere expetendum, nisi laudem atque honestatem, in ea autem persequenda omnes cruciatus corporis, omnia pericula mortis atque exilii, parvi esse ducenda nunquam me pro salute vestra in tot ac tantas dimicationes, atque in hos profligatorum hominum quotidianos impetus objecissem. 6. For, if, from my youth upwards, I had not been thoroughly convinced by the precepts of many philosophers, and by my own
:
Nam,
literary
investigations,
that
there
is
nothing in
this
life
really
worthy of being desired except glory and honor, and that, in the pursuit of these, even bodily torture, death, and banishment are of little account, I should never, in your defense, have thrown myself into so many and such severe struggles, nor exposed myself to the daily attacks of these abandoned citizens.
Etiam illud adjungo, saepius ad laudem atque virtutem naturam sine doctrina, quam sine natura valuisse doctrinam.
I
7.
this also, that
add
man
to glory
and
Nam
ceterae neque temporum sunt, neque aetatum omnium, neque locorum: haec studia adolescentiam agunt
PRO ARCH1A
571
senectutem oblectant, secundas res ornant, adversis per- Pro Archia. fugium ac solatium praebent, delectant domi, non impediunt foris, pernoctant nobiscum, peregrinantur, rusticantur.
7.
For the other employments of life do not suit all times, ages, or employ the thoughts of the young, are the delight of the aged, the ornament of prosperity, the comfort and refuge of adversity, our amusement at home, no impediment to us abroad, employ our thoughts on our beds, attend us on our journeys, and do not leave us in the country.
places; whereas literary studies
Atqui sic a summis hominibus eruditissimisque accepimus, ceterarum rerum studia, et doctrina, et praeceptis, et arte constare; poetam natura ipsa valere, et mentis viribus
excitari,
et quasi divino
ille
quodam
spiritu inflari.
Quare
dono atque munere commendati nobis igitur, judices, sanctum apud vos, humanissimos homines, hoc poetae nomen, quod nulla
aliquo
esse videantur.
Sit
deorum
umquam
barbaria violavit. Saxa et solitudines voci respondent; bestiae saepe immanes cantu flectuntur atque consistunt: nos instituti rebus optimis non poetarum voce
moveamur?
I
8.
have always learned from the noblest and wisest of men, that a knowledge of other things is acquired by learning, rules, and that art, but that a poet derives his power from nature herself the qualities of his mind are given to him, if I may say so, bydivine inspiration. Wherefore rightly does Ennius regard poets as under the special protection of heaven, because they seem to be Let then, delivered over to us as a beneficent gift by the gods. judges, this name of poet, which even the very savages respect, be sacred in your eyes, men as you are of the most cultivated mind. Rocks and deserts re-echo to their voice even the wildest animals turn and listen to the music of their words; and shall we, who have been brought up to the noblest pursuits, not yield to the voice
of poets?
Quam
multos scriptores rerum suarum magnus ille Alexander secum habuisse dicitur? Atque is tamen, quum in Sigeo ad Achillis tumulum adstitisset, "O fortunate," inquit, "adolescens, qui tuae virtutis Homerum praeconem inveneris." Et vere: nam, nisi Ilias ilia exstitisset, idem
572
Pro Archia.
AND WORKS
obruis-
nomen etiam
10.
How many historians is Alexander the Great said to have had with him to transmit his name to posterity? And yet, as he stood on the promontory of Sigeum by the tomb of Achilles, he exclaimed "O happy youth, who found a Homer to herald thy praise !" And with reason did he say so; for if the Iliad had never existed, the same tomb which covered his body would also have buried his name.
Trahimur omnes
gloria ducitur. laudis studio, et optimus quisque
maxime
n.
it
is
We
Ipsi
the noblest
ill!
philosophi etiam
illis libellis,
quos de contemnenda
inscribunt; in eo ipso in quo praedicationem nobilitatemque despiciunt, praedicari de se, ac nominari volunt. 1 1.
gloria scribunt,
nomen suum
Even those very philosophers who write treatises on the despising of fame put their names on the title-page in the very place in which they deprecate self-advertisement and notoriety they take steps to have themselves advertised and gain notoriety.
;
Nullam enim virtus aliam mercedem laborum periculorumque desiderat, praeter hanc laudis et gloriae, qua quidem detracta, judices, quid est, quod in hoc tarn exiguo
vitae curriculo, et tarn brevi, tantis nos in laboribus exerceamus? Certe, si nihil animus praesentiret in posterum, et si, quibus regionibus vitae spatium circumscriptum est, eisdem omnes cogitationes terminaret suas, nee tantis se laboribus frangeret, neque tot curis vigiliisque angeretur, neque toties de vita ipsa dimicaret. Nunc insidet quaedam in optimo quoque virtus, quae noctes et dies animum gloriae stimulis concitat, atque admonet, non cum vitae
nostri, sed
For virtue wants no other reward for all the labors and dangers she undergoes, except what she derives from praise and glory; if this be denied to her, judges, what reason is there why we should devote ourselves to such laborious pursuits, when our lif is so brief, and its course narrowed to so small a compass?
PRO ARCHIA
suredly,
future,
if
573
our minds were not allowed to look forward to the Pro Archia. if all our thoughts were to be terminated with our life, there would be no reason why we should wear out ourselves with labors, submit to all the annoyances of cares and anxiety, and fight In the noblest there resides a so often even for our very lives. certain virtuous principle, which day and night stimulates a man to glorious deeds, and warns him that the recollection of our names is not to be terminated by time, but must be made boundless as
and
eternity.
An
vero tam parvi animi videamur esse omnes, qui in republica, atque in his vitae periculis laboribusque versamur, ut, cum usque ad extremum spatium, nullum tran-
quillum atque otiosum spiritum duxerimus, nobiscum simul moritura omnia arbitremur? 7.
Are we all of us so poor in spirit as to think after toiling for our country and ourselves, though we have not had one moment of ease here upon earth, that when we die all things shall die with us?
ut sapientissimi homines putaverunt, ad aliquam animi mei partem pertinebunt; nunc quidem certe cogitatione quadam speque delector. 12.
Everything
wisest of
in
which
in this
world, as the
men
my
iudices, hominem pudore eo, quern comprobari cum dignitate turn etiam vetustate; ingenio autem tanto, quantum id convenit exis-
Qua
re conservate, videtis
amicorum
quod summorum hominum ingeniis expetitum esse videatis; causa vero eius modi, quae beneficio legis, auctoritate municipi, testimonio Luculli, tabulis Metelli comprobetur. Quae cum ita sint, petimus a vobis, iudices, si
timari,
qua non
geniis
modo humana, verum etiam divina in tantis incommendatio debet esse, ut eum qui vos, qui vestros imperatores, qui populi Romani res gestas semper ornavit,
qui etiam his recentibus nostris vestrisque domesticis periculis aeternum se testimonium laudis daturum esse profitetur, estque ex eo numero qui semper apud omnis sancti sunt habiti itaque dicti, sic in vestram accipiatis fidem, ut
574
ProArchia.
AND WORKS
PRO CAECINA
Pro Caecina.
Non dubium
perterritus,
quam
quin major adhibita vis ei sit, cujus animus illi, cujus corpus vulneratum sit. 15.
sit
There is no doubt that you can apply stronger pressure to a man whose mind is unhinged by fear, than to one who is only suffering from bodily injuries.
Quia voluntas tacitis nobis intelligi non potest, verba reperta sunt, non quae impedirent, sed quae indicarent
voluntatem.
18.
Because our intentions cannot be made out if we be silent, words have been invented not to be a curb, but to point them out.
Jus civile neque inflecti gratia neque perfringi potentia, neque adulterari pecunia debet. 26.
The
administration of justice ought neither to be warped by power of the noble, nor bought
by money.
Hie
est
This
is
29.
PRO CAEL10
575
PRO CAELIO
Aliud est male dicere, aliud accusare.
desiderat,
Caelio.
ut definiat, hominem ut notet, argumento probet, teste confirmet. Maledictio autem nihil habet propositi praeter contumeliam. 3.
rem
To
slander
is
Multi summi homines fuerunt, quorum, cum adolescentiae eximiae virtutes firmata jam
There have been many most illustrious men who, when their youthful passions had cooled down, displayed in mature age the most exalted virtues.
modo non
minuit aetas
from dimin-
The
so far
ishing in
men by
Hinc
all that
compassion.
quae, contra hominum ingenia, calcontraque fictas omnium insidias, 26. facile se per se ipsa defendat!
sollertiam,
Great
of the
is
whom
Insolentia voluptatum, quae cum inclusae diutius, et prima aetate compressae et constrictae fuerunt, subito se nonnunquam profundunt, atque ejiciunt universae. 31.
He was not accustomed to pleasures which, when they are pent up for a long while and have been curbed and kept down in the early period of youth, sometimes burst forth suddenly and overthrow every obstacle.
;
576
Pro Caelio.
AND WORKS
Studia in adolescentia tanquam in herbis significant quae et quantae fruges industriae sint futurae. 31.
The desires in the young, as in herbs, point out what will be the future virtues of the man, and what great crops are likely to reward his industry.
PRO
Pr0
C.
RABIRIO
consilia eventis
Hoc
et)
plerumque facimus ut
j
ponderemus,
cui
CRabino.
Dene quid processerit, multum ilium providisse, secus, nihil sensisse dicamus. Postumo, 1.
cu
Men usually judge of the prudence of a plan by the result, and are very apt to say that the successful man has had much forethought, and the unsuccessful has shown great want of it.
Etenim, Quirites, exiguum nobis vitae curriculum natura circumscripsit, immensum gloriae. Perduellionis, 10.
but has
Nature has circumscribed the field of life within small left the field of glory unmeasured.
limits,
PRO CLUENTIO
Pro
Cluentio.
Facile princeps.
Ea;ly
fifSt>
Facile
I
intelligo
non modo
reticere
homines parentum
injurias, sed
am
injuries
quite aware that men ought not only to be silent about the which they suffer from their parents, but even to bear them
with patience.
Sapientissimum esse dicunt eum, cui quod opus sit ipsi mentem proxime accedere ilium, qui alterius bene inventis obtemperet. In stultitia contra est. Minus enim stultus est is, cui nihil in mentem venit, quam ille, qui quod stulte alteri venit in mentem comprobat. 31. The wisest man, they say, is he who can himself devise what is
veniat in
:
needful to be done
sels of another.
foolish
who
next comes he who will follow the sage counopposite holds good in folly; for he is less never has an idea of his own than he who approves
;
The
S77
est; ut
agitari atque turbari; sic et populum Romanum sua sponte esse placatum, hominum seditiosorum vocibus, ut violentissimis
mare,
Pro
Cluentio.
tempestatibus, concitari.
49.
Hence
that
was
easily understood,
is
said,
which
calm when
and
turned up by the fury of the winds, so, too, the Roman people, of itself placable, is easily roused by the language of demagogues as by the most violent storms.
Mens
et
animus
in legibus.
lege, suis
corpora nostra sine mente, sic civitas sine partibus, ut nervis et sanguine et membris, uti
soul, the
Ut
judgment and the purpose of a state body without mind, so a state without law can make no use of its organs, whether sinews, blood, or
are centered in
its
laws.
As
limbs.
Pro CornehoBalbo.
It is the stain and disgrace of this age to envy virtue, and to be anxious to crush the budding flower of dignity.
rei
20.
Sit
illi
vivi
fruantur opibus suis; horum etiam mortuorum (si quisquam hujus imperii defensor mori potest) vivat auctoritas immortalis. 21.
Let us make this distinction between the citizen who is merely popular, and the citizen who is a power in the state: the former will enjoy his advantages in his lifetime, the latter will leave behind him after death (if indeed any supporter of our Empire can be said to die) a deathless authority.
578
Pro Corneho Balbo.
AND WORKS
esse inconstantis puto, sententiam aliquam, tanquam aliquod navigium, atque cursum, ex reipublicae tempestate moderari. 27.
Non
we would
no proof of inconsistency to regulate our opinions as and a ship's course on a voyage, according to the weather which might be prevailing in the commonwealth.
I
it
deem
a ship
Vi
DomoSua.
et armis.
.
24.
c
Quid est sanctius, quid omni religione munitius, quam domus uniuscujusque civium? hoc perfugium est ita sanctum omnibus, ut inde abripi neminem fas sit. 41. What is more sacred, what more closely fenced round with
every description of religious reverence than the house of every individual citizen ? This is the asylum of everyone, so holy a spot that it is impious to drag anyone from it.
What
PRO FLACCO
ProFlacco.
Quum
in theatro imperiti homines, rerum omnium rudes ignarique, consederant; turn bella inutilia suscipiebant, turn seditiosos homines reipublicae praeficiebant, turn
optime meritos cives e civitate ejiciebant. 7. Whenever the assembly has been filled by untried men, without
experience or knowledge of affairs, the result has been that useless wars have been undertaken, that agitators have seized the reins of power, and that the worthiest citizens have been driven into exile.
In hominem dicendum est igitur, quum oratio argumenta10. tionem non habet. We must make a personal attack, when there is no argumentative basis for
our speech.
"When
you have no
case,
abuse the
plaintiff's attorney."
579
Romanorum uno nuntio atque uno tempore necatis, quo tandem animo esse debetis? Legati quod erant appellati superbius, Corinthum patres vestri totius Graeciae lumen exstinctum esse voluerunt: vos eum regem inultum esse
patiemini, qui legatum populi Romani consularem vinculis ac verberibus atque omni supplicio excruciatum necavit? Illi libertatem imminutam civium Romanorum non tulerunt: vos ereptam vitam neglegetis? ius legationis verbo violatum illi persecuti sunt: vos legatum omni supplicio interfectum relinquetis? Videte ne, ut illis pulcherrimum fuit tantam vobis imperi gloriam tradere, sic vobis turpis-
simum
posse.
sit,
id
quod
accepistis
tueri
et
conservare non
5.
Your ancestors have often waged war on account of their merchants and seafaring men having been injuriously treated. What ought to be your feelings when so many thousand Roman citizens have been put to death by one order and at one time? Because their ambassadors had been spoken to with insolence, your ancestors determined that Corinth, the light of Greece, should be deWill you allow that king to remain unpunished, who stroyed. has murdered a lieutenant of the Roman people of consular rank, having tortured him with chains and scourging and every sort of punishment? They would not allow the freedom of Roman citizens to be diminished; will you be indifferent to their lives being taken? They avenged the privileges of our embassy when they
were violated by a word; will you abandon our ambassador who has been put to death with every sort of cruelty? Take care lest, as it was a most glorious thing for them, to leave you such wide renown and such powerful empire, it should be a most discreditable thing for you not to be able to defend and preserve that which yqu have received.
Etenim
si vectigalia nervos esse rei publicae semper duximus, eum certe ordinem, qui exercet ilia, firmamentum ceterorum ordinum recte esse dicemus. Deinde ex ceteris ordinibus homines gnavi atque industrii partim ipsi in Asia negotiantur, quibus vos absentibus consulere debetis, partim eorum in ea provincia pecunias magnas conlocatas habent. Est igitur humanitatis vestrae magnum numerum
580
Pro Lege
AND WORKS
Mamlia.
eorum civium calamitate prohibere, sapientiae videre multorum civium calamitatem a re publica seiunctam esse non posse. Etenim primum illud parvi refert, nos publica his amissis [vectigalia] postea victoria recuperare. Neque
enim isdem redimendi facultas erit propter calamitatem, neque aliis voluntas propter timorem. Deinde quod nos eadem Asia atque idem iste Mithridates initio belli
Asiatici docuit, id retinere debemus.
quidem
memoria
multi
Nam turn,
Non enim possunt una in civitate multi rem ac fortunas amittere, ut non plures secum in eandem trahant calamitatem. 7.
concidisse.
In truth, if we have always considered the revenues as the sinews of the state, certainly we shall be right if we call that order of men which collects them, the prop and support of all the other, orders. In the next place, clever and industrious men, of all the other orders of the state, are some of them actually trading themselves in Asia, and you ought to show a regard for their interests in their absence; and others of them have large sums invested in
that province. It will, therefore, become your humanity to protect a large number of those citizens from misfortune; it will be-
to perceive that the misfortune of many citizens cannot be separated from the misfortune of the Republic. In truth, firstly, it is of but little consequence for you afterwards to recover for the publicans revenues which have been once lost; for the same men have not afterwards the same power of contracting for them, and others have not the inclination, through fear. In the next place, that which the same Asia, and the same Mithridates taught us, at the beginning of the Asiatic war, that, at all events, we, having learnt by disaster, ought to keep in our recollection.
For we know
is
then,
delayed.
For
it
many men to lose their property and without drawing many along with them into
PRO LIGARIO
ProLigario.
Habes
igitur, Tubero, quod est accusatori maxime optandum, confitentem reum. 1. You have, therefore, Tubero, what a prosecutor most desires, a defendant who pleads guilty.
PRO MILONE
Te enim
tuos.
581
Ligario.
dicere audiebamus, nos omnes adversaries putare, Pro nisi qui nobiscum essent: te omnes qui contra te non essent
11.
heard you say that we reckon as adversaries all those who are not with us, while you count as friends all those who are not
against you.
We
nulla re propius accedunt quam 12. salutem hominibus dando. At no time does man approach more nearly to the gods than
in the rescue of his fellow-man.
when engaged
PRO MARCELLO
Fortuna rerum humanarum domina. Fortune is the ruler of human affairs.
2.
Pro
Marcello.
Animum
rare,
non
vincere, iracundiam cohibere, victoriam tempenobilitate, ingenio, virtute praestantem, modo extollere jacentem, sed etiam amplificare ejus
adversarium
pristinam dignitatem; haec qui faciat, non ego eum cum summis viris comparo, sed simillimum deo judico. 3.
To conquer our inclinations, to curb our angry feelings, to be moderate in the hour of victory, not merely to raise a fallen adversary, distinguished for noble birth, genius, and virtue, but even to increase his previous dignity; these actions are of such a nature, that he who does them, I would compare not with the most illustrious of men but with God himself.
Victoria natura est insolens et superba. Victory is by nature insolent and haughty.
3.
factum, quod aliquando non con41. There is nothing done by the labor and hands of man which sooner or later lapse of time does not bring to an end and destroy.
Nihil est opera aut
ficiat et
manu
consumat vetustas.
PRO MILONE
Negant
They
intueri
ei,
qui a se
hominem occisum
who
confesses that
ProMUone.
esse fateatur.
say that
live
582
ProMilone.
AND WORKS
haec non scripta sed nata lex; quam non didiverum ex natura ipsa arripuimus, hausimus, expressimus ad quam non docti, sed facti, non instituti sed imbuti sumus. 4.
cimus, accepimus, legimus,
;
a law not found in books, but written on the which we have not learned from man, received or read, but which we have caught up from nature herself, sucked in and imbibed the knowledge of which we were not taught, but for which we were made: we received it not by education, but by intuition.
is
This, therefore,
Silent
4.
silent.
Among drawn
Non
7.
do not inflict the death penalty for one crime on men of note, and for another on men of no position.
We
Principum munus est resistere levitati multitudinis. 8. It is the duty of men of high rank to oppose the fickle disposition
of the multitude.
Vi
victa vis.
1.
Nihil est enim tarn molle, tarn tenerum, tarn aut fragile aut flexibile, quam voluntas erga nos, sensusque civium qui non modo improbitati irascuntur candidatorum, sed etiam in recte factis saepe fastidiunt. 16. There is nothing so susceptible, so tender, so easily broken or bent, as the good will and friendly disposition towards us of our fellow-citizens. Not only are they alienated by any want of uprightness on the part of those seeking their suffrages, but at times even they take exception to what has been rightfully done.
Quis ignorat
tatis
maximam
16.
spem?
all
We
know
the hope of
impunity.
20.
is
no more
PRO MURENA
583
Magna vis est conscientiae, judices, et magna in utramque ProMUone. partem; ut neque timeant, qui nihil commiserint, et poenam semper ante oculos versari putent, qui peccarint. 23.
Great, judges, is the power of conscience, and in more ways than one; for it frees the innocent from all fear, and keeps ever before the eyes of the guilty the dread of punishment.
Men not only forget the mighty deeds which have been performed by their fellow-citizens, but even suspect them of the most
nefarious designs.
29.
Our
thoughts are
free.
Exsilium ibi esse putat, ubi virtuti non naturae finem esse, non poenam. 37.
Exile, he thinks,
is
sit
locus:
mortem
is
not:
death
is
PRO MURENA
Cedat, opinor, Sulpici, forum castris, otium militiae, stilus ProMurena. umbra soli sit denique in civitate ea prima res, propter quam ipsa est civitas omnium princeps. 14.
gladio,
:
Let the market yield to the camp, peace to war, the pen to the sword, the shade to the sunshine let us give the first place in the state to that which has made the state what it is the ruler of the world.
;
Nihil est incertius vulgo, nihil obscurius voluntate hominum, nihil fallacius ratione tota comitiorum. 17. Nothing is more uncertain than the masses, nothing more difficult to gauge than the temper of the people, nothing more deceptive
than the opinions of the electors.
omnia peccata esse paria omne delictum minus delinquere eum, qui gallum gallinaceum, quum opus non fuerit, quam eum qui patrem suffocaverit: sapientem nihil opinari, nullius rei poenitere, nulla in re f alii, sententiam mutare nunquam. 29.
Dicunt
Stoici,
;
584
ProMurena.
AND WORKS
The Stoics say that all sins are on an equality; that every fault a heinous crime; that the man who needlessly wrings the neck of a barndoor fowl is as much a wrong-doer as he who strangles
his
own
father; and that the wise man is never in doubt, never makes a mistake, and never changes his mind.
Nunquam
The
wise
sapiens irascitur.
30.
man
Improbi hominis
It
is
PRO PLANCIO
Pro Plancio.
Neque
est ullum amicitiae certius vinculum, quam consensus et societas consiliorum et voluntatum. 2.
There is no surer bond of friendship than an identity and community of ideas and tastes.
Quod ad populum
est, qui
pertinet,
semper
3.
So far as the mob is concerned, it is never an unbiassed judge of a man's worth, being swayed either by malice or by partiality.
enim consilium in vulgo, non ratio, non discrimen, semperque sapientes ea quae populus fecisset ferenda, non semper laudanda, duxerunt. 4. The mob has no judgment, no discretion, no discrimination, no consistency and it has always been the opinion of men of sense
est
Non
non
diligentia:
that popular
in,
commended.
Populo grata est tabella, quae frontes aperit hominum, mentes tegit: datque earn libertatem, ut, quod velint,
faciant: promittant autem,
quod rogentur.
6.
voting tablet is pleasing to the people, which holds up to view the countenance, while it conceals the intentions, and gives a man liberty to do what he wishes, but to promise what is asked of him.
The
Pietas
fundamentum
is
est
omnium vertutum.
12.
Filial piety
PRO PLANC10
Nihil est autem tarn volucre
585
:
quam maledictum
nihil f acil-
Pro Plancio.
There
set
is
on
foot,
nothing swifter than calumny; nothing is more easily up, or more widely disseminated.
Hujus
It
is
ilia
noceat, oramus.
our earnest prayer that an innocent defendant may suffer no injury from evidence of that too common class, the "I have
heard."
25.
many
steps.
Virtus, probitas, integritas in candidato, non linguae volubilitas, non ars, non scientia requiri solet. 25.
Virtue, honesty, uprightness are the qualities that are required
in a candidate, not fluency of language,
sciences.
M. Cato scripsit: "Clarorum virorum atque magnorum, non minus otii quam negotii, rationem exstare oportere."
before
of
27.
said: "The illustrious and noble ought to place them certain rules and regulations, not less for their hours leisure and relaxation than for those of business."
Marcus Cato
Gratus animus est una virtus non solum maxima, sed etiam mater virtutum omnium reliquarum. 33. A grateful mind is not only the greatest of virtues, but the
parent of
all the
other virtues.
Quae potest esse vitae jucunditas What sweetness is left in life if you
Quis
cui
sublatis amicitiis?
take
33.
away
friendship?
est nostrum liberaliter educatus, cui non educatores, non magistri sui atque doctores, cui non locus ipse ille
est,
of us is there that has been liberally brought up, who does not gratefully remember those who have brought him up, his masters, and teachers, even that mute place, where he has been nourished and taught?
Who
586
Pro Plando.
CICERO, A SKETCH
didici, haec vidi, haec scripta legi; haec de sapientissimis et clarissimis viris et in hac republica et in
monumenta, nobis literae prodiderunt: non semper easdem sententias ab iisdem, sed, quascumque reipublicae status, inclinatio temporum, ratio concordiae
39.
I
have learnt, seen, and read, that the following are the proper principles for the guidance of man Ancient records and the annals of literature, both of this state and of others, have handed it down to us as the words of the wise and noble, that the same opinions and sentiments are not invariably to be supported by the same individuals, but that they ought to adopt those which may be required by the circumstances of the times, the position in which the state is placed, and according as the peace and agreement of parties
:
may
require.
PRO
ProP.Qu'mctio, Fit
P.
QUINCTIO
ingenii.
3.
magna mutatio
is
loci,
non
There
injuria,
Pecuniam si cuipiam fortuna ademit, aut si alicujus eripuit tamen dum existimatio est integra, facile conso15.
If fortune or another's crime has deprived us of
celeberrimis locis proponuntur, huic ne 15. perire quidem tacite obscureque conceditur.
libelli in
is
De quo
He who has once become celebrated in the busy centers of not permitted even to die in silence and obscurity.
life
Jugulare civem ne jure quidem quisquam bonus vult; mavult enim commemorare, se, quum posset perdere 16. pepercisse, quam, quum parcere potuerit, perdidisse.
No honest man desires to cause the death of a fellow-man, even by lawful means; he prefers always to remember that, when he could have destroyed, he spared, rather than that when he could have spared, he destroyed.
587
[Quoted ProRege
Deiotaro.
dici, non multum habet laudis in rege: fortem, justum, severum, gravem, magnanimum, largum, beneficum, liberalem haec sunt regiae laudes, ilia privata
;
Frugi hominem
est.
9.
is
Frugality
terity,
no great merit
in a king;
magnanimity, generosity, beneficence, liberality: these are kingly qualities; frugality befits rather a private station.
dignity,
1 1.
the master sometimes takes the place of the be the slave becomes the master.
Strong
is
kinship.
It
this
most desirable
light of life.
Sua quemque
quemque
fraus, et suus terror maxime vexat: suum scelus agitat, amentiaque afficit: suae malae cogi-
tationes conscientiaeque animi terrent, hae sunt impiis assiduae domesticaeque Furiae; quae dies noctesque parentum poenas a consceleratissimis filiis repetant. 24.
It is the terror that arises from his own dishonest and evil life that chiefly torments a man : his wickedness drives him to and fro, racking him to madness; the consciousness of bad thoughts and worse deeds terrifies him: these are the never-dying Furies that inwardly gnaw his life away; which day and night call for punishment on wicked children for their behavior to their parents.
588
Pro Roscio
AND WORKS
menno.
interrogaretur, cur nullum supplicium coneum, qui parentem necasset, respondit se id neminem facturum putasse." 25. Solon, when asked why he had not provided any penalty for the
stituisset in
parricide, replied that he
quum
crime.
Ut non omnem frugem neque arborem in omni agro omne facinus in omni vita nasciwe do
is
produced
not find in every field every fruit and tree, so not in every life.
locum pervenit.
30.
He
own
is,
in
my
who
L. Cassius ille, quern populus Romanus verissimum et sapientissimum judicem putabat, identidem in causis quaerere solebat,
cm bono
fuisset.
30.
L. Cassius, whom the Roman people used to regard as the best and wisest of judges, inquired ever and anon at a trial: for whose advantage the deed was committed.
Non
re
enim possumus omnia per nos agere alius in alia est magis utilis. 38. For we cannot do everything by ourselves; different men have
:
different abilities.
Ut
conjectus, continuo restinguitur et refervens falsum crimen in purissimam et castissimam vitam collatum, statim concidit et exstinguiignis
in
aquam
ref rigeratur
6.
fire,
sic
tur.
As
when
it is
thrown
into water,
is
cooled
down and
put
out, so also a false accusation, when brought against a man of the purest and holiest character, falls away at once and vanishes.
Sic
est
ex
opinione multa
aestimat.
PRO SULLA
The
by the standard of
589
masses are so constituted that they measure but few things Pro Roscio fact, most by the standard of conjecture. Comoedo.
Quae poena
a diis immortalibus perjuro, haec eadem mendaci constituta est. Non enim ex pactione verborum,
quibus jusjurandum comprehenditur, sed ex perfidia et malitia dii immortales hominibus irasci et succensere consuerunt. 16.
The same punishment which the gods inflict on the perjured is prepared for the liar. For it is not the form of words in which the oath is wrapped up, but the perfidy and malice of the act that excite the wrath and anger of the immortal gods against men.
Qui semel a veritate deflexit, hie non majore religione ad perjurium quam ad mendacium perduci consuevit. 16.
The man who has once deviated from the truth is usually led on by no greater scruples to commit perjury than to tell a lie.
PRO SESTIO
Id quod est praestantissimum, maximeque optabile omnibus sanis et bonis et beatis, cum dignitate otium. 45. "That which stands first, and is most to be desired by all happy, honest, and healthy-minded men, is ease with dignity."
ProSestio.
Oderint
dum
et
metuant.
48.
fear.
Gurges
vorago malorum.
52.
An
PRO SULLA
Status
netur.
judicatis
rebus
its
coriti-
Pro Sulla.
The
judicial
decisions.
Neque enim
cujusquam repente
potest quisquam nostrum subito fingi, neque vita mutari, aut natura convert!. 25.
No one of us can suddenly assume a character, or instantly change his mode of life, or alter his nature.
590
AND WORKS
PRO TULLIO
Pro Tullio.
O dii immortales (vobis enim tribuam, quae vestra sunt), vos profecto animum meum turn conservandae patriae cupiditate incendistis, vos me ab omnibus caeteris cogitationibus ad unam salutem reipublicae contulistis, vos denique in tantis tenebris erroris et inscientiae clarissimum lumen praetulistis menti suae. xiv. Ye immortal gods (for I shall grant what is yours), it was you
doubtless that then roused
it
me
my
country;
was you who turned me away from all other thoughts to the one idea of preserving the Republic; it was you in short who, amidst all that darkness of error and ignorance, held up a bright light
before
my
mind.
Ad damnum
"Haec enim
silii,
"It is one of humanity's unwritten laws, the penalty for the intention, not for the results of his actions."
RHETORICA AD HERENNIUM
RhetoricaAd
Herenmum.
Thou
shouldst eat to
live,
TUSCULANAE DISPUTATIONES
Tusculanae
Disputationes.
1,
Honos alit artes omnesque incenduntur ad studia gloria: jacentque ea semper, quae apud quosque improbantur.
2.
to their pursuit;
make but
little
progress.
Fieri
autem
polite eloqui
non
possit.
TUSCULANAE DISPUTATIONES
sit,
591
nee delectatione aliqua allicere lectorem, hominis est Tusculanae Disputaintemperanter abutentis et otio, et litteris. I, 3.
think rightly, yet cannot express elegantly what he thinks. But that anyone should commit his thoughts to writing who can neither arrange nor explain them nor amuse the reader is the part of a man which unreasonably abuses both his leisure and learning.
It
may happen
that a
man may
tiones.
Epicharmi
ista sententia
esse
mortuum
nihil aestimo."
I,
8.
am
when
dead.
Dum
ilia
lego, assentior:
I,
immortalitate
elabitur.
librum, et
mecum
ipse
cogitare, assensio
de omnis
when I have laid down the book, and have begun to meditate on the immortality of the soul, all this
While
I read, I assent;
Antiquitas quo propius aberat ab ortu et divina progenie, hoc melius ea fortasse, quae erant vera, cernebat. I, 12.
Antiquity, the nearer
ceived
it
more
clearly
what
Mortem non interitum esse omnia tollentem atque delentem sed quandam quasi migrationem commutationemque
;
vitae.
I,
12.
is
no annihilation, no carrying off and blotting out of everything, but rather, if I may so describe it, a change of abode, and an alteration in our manner of life.
Death
Nulla gens tarn fera, nemo omnium tarn est immanis, mentem non imbuerit deorum opinio. Multi de diis prava sentiunt, omnes tamen esse vim et naturam divinam arbitrantur. I, 13. No nation is so barbarous, no one is so savage, whose mind is
cujus
Many entertain foolish not imbued with some idea of the gods. ideas respecting them, yet all agree that there is some divine power
and nature.
in re
I,
consensio
omnium gentium
lex naturae
13.
592
Tusculanae
Disputationes.
AND WORKS
may
"The unanimous agreement of the nations upon any subject be considered equivalent to a law of nature."
ipse
The industrious husbandman plants trees of which he himself will never see a berry.
Nemo umquam
sine
magna
1,
country without
"Quid
I,
nostri philosophi? nonne in his libris ipsis, quos scribunt de contemnenda gloria, sua nomina inscribunt?"
15.
"What
their
shall
we
Do
names on the
depreciation of vainglory?"
"Magni autem est ingenii sevocare mentem a sensibus et cogitationem a consuetudine abducere." I, 16. "The power of separating the intellect from the senses, and reason from instinct, is characteristic of the highest genius."
Errare mehercule malo cum Platone, quern tu quanti I, 17. facias, scio, quam cum istis vera sentire. By Hercules, I prefer to err with Plato, whom I know how much you value, than to be right in the company of such men.
"Quam
Let a
in
hac
se
exerceat"
is
I,
18.
man
which he
best versed.
Natura
inest in
mentibus nostris
insatiabilis
quaedam
et videre et audire, non eas partes quae quasi fenestrae sunt animi. I, 20. It is the soul which sees and hears not those parts of the body which are, in a sense, the windows of the soul.
;
Animum
TUSCULANAE DISPUTATIONES
currit cogitatio,
593
Tusculanae Disputationes.
Mihi quidem naturam animi intuenti, multo difficilior ocmultoque obscurior, qualis animus in corsit,
pore
et in
tamquam
I reflect
alienae domui,
quam
soul,
qualis,
cum
exierit,
I,
domum suam
it is
venerit.
22.
When
much more
difficult
for me to conceive of what quality the soul is in the body, where it dwells as in a foreign land, than what it must be like when it has left the body and ascended to heaven, its own peculiar home.
Est illud quidem maximum, animo ipso animum videre: et nimirum hanc habet vim praeceptum Apollinis, quo monet, ut se quisque noscat. Non enim credo, id praecipit, ut membra nostra, aut staturam, figuramve noscamus: neque nos corpora sumus: neque ego tibi dicens, corpori tuo dico. Cum igitur, Nosce te, dicit, hoc dicit, Nosce animum tuum. Nam corpus quidem quasi vas est, aut aliquod animi receptaculum. Ab animo tuo quidquid agitur, id agitur acte. Hunc igitur nosse, nissi divinum esset, non esset hoc acrioris cujusdam animi praeceptum, sic, ut tributum deo sit. I, 22. It is a matter of the greatest importance for the human soul to comprehend its own nature and doubtless, this is the meaning of Apollo's precept, enjoining everyone to know himself; for I cannot think it directs us to know the different parts of our bodies, or its
;
when
bodies do not constitute our being; nor is it to your body I address myself. the oracle says, Know yourself, it certainly in-
Our
For in fact, the body is no more than the or receptacle, of the soul and the actions of the latter can only properly be called the actions of the man. In fine, were not the knowledge of the soul an excellent accomplishment, it could not have passed for an apophthegm of such acuteness, as to have been attributed to a deity.
;
"Nee me pudet
I,
quod nesciam."
25.
I
am
not, like
my
ignorance
when
do not know.
Quorum
is
docuit, similem
I,
conversiones, omnesque motus qui animus vidit, animum suum ejus esse, qui ea fabricatus
25.
est in coelo.
that has comprehended the revolutions and the complicated movements of the heavenly bodies has proved that it
The mind
594
Tusculanae
Disputationes.
AND WORKS
who
Philosophia, omnium mater artium, quid est aliud, nisi, ut Plato ait, donum, ut ego, inventum deorum ? Haec nos primum adillorum cultum, deinde ad jus hominum, quod situm est in generis humani societate, turn ad modestiam, magnitudinemque animi erudivit: eademque ab animo,
tamquam ab
oculis,
caliginem dispulit.
I,
26.
Philosophy, the mother of all arts, what else is it, except, as Plato says, the gift, or as I say, the invention, of the gods? It is she that has taught us first to worship them, next has instructed us
mankind, which arise out of the social union of the human race, then has shown us the moderation and greatness of the mind; and she too has dispelled darkness from the mind as from the eyes.
in the legal rights of
quod
27.
is
sentit,
quod
viget, coeleste et
sit
divinum
est
num
necesse
est.
I,
Whatever
exists, it is
that principle
which
feels,
and
vides:
hominis, quamvis earn non videas, ut deum non tamen ut deum agnoscis ex operibus ejus, sic ex memoria rerum, et inventione, et celeritate motus, omnique pulchritudine virtutis vim divinam mentis agnoscito. I, 29.
Although thou art not able to see the mind of man, as thou seest not God, yet as thou recognizest God from His works, so thou
Mentem
must acknowledge the divine power of the mind from tion of past events, its powers of invention, from its movement, and the desire it has for the beautiful.
its
recollec-
rapidity of
Cygni providentes quid in morte boni sit, cum cantu et voluptate moriantur. I, 30. The swan, foreseeing how much good there is in death, dies with song and rejoicing.
Vetat dominans ille in nobis deus, injussu hinc nos suo demigrare. I, 30. That divine principle that rules within us forbids us to leave
this
TUSCULANAE DISPUTATIONES
Tota philosophorum vita commentatio mortis est. I, 30The whole life of philosophers is a commentary on death.
Ita
595
Tusculatiae Disputationes.
disseruit,
plicesque cursus animorum e qui se humanis vitiis contaminavissent, et se totos libidinibus dedissent, quibus coecati, vel domesticis vitiis atque flagitiis se inquinavissent, vel republica violanda fraudes inexpiabiles concepissent, iis devium quoddam iter esse, seclusum a concilio deorum. Qui autem se integros, castosque servavissent, quibusque fuisset minima cum corporibus contagio, seseque ab his semper sevocassent, es-
sentque in corporibus humanis vitam imitati deorum: his ad illos, a quibus essent profecti, reditum facilem patere. Ii 30The opinion of Socrates was to the following effect, and thus he spoke There are two roads and two directions which souls take on leaving the body. Those who have spent their lives in vicious practices, giving themselves wholly up to the lusts of the body, so as to become blinded to all that is good, or who have sunk into the mire of private filth and wickedness, or who have committed in:
away from
expiable crimes against their country, such go to a separate abode, the gods. Those, on the other hand, who have kept themselves pure and chaste, little subject to fleshly lusts, but imitating the life of the gods, find no difficulty in returning to those from whom they came.
"Omnes
ingeniosos melancholicos
men
Ut
nihil pertinuit
I,
post
mortem
pertinebit.
As we
birth, so will
nothing remain to
us after death.
usuram
I,
vitae,
tamquam
pecuniae,
nulla
life
at interest like
money, no day
"Die, hospes, Spartae, nos te hie vidisse jacentes, Dum Sanctis patriae legibus obsequimur."
1,
42.
596
Tusculanae
Disputationes.
AND WORKS
we
lie.
est.
I,
43.
grave.
diu vixit, qui virtutis perfectae perfecto functus est munere. 1, 45. Every man has lived long enough who has gone through all the duties of life with unblemished character.
Nemo parum
Gloria virtutem tamquam umbra sequitur. Glory follows virtue as if it were its shadow.
I,
45.
Non
optimum
mori.
esse
I,
(docuit)
proxi-
mum
He
born
;
autem,
quam primum
48.
taught that by far the happiest fate for a the next happiest, to die very early.
man was
not to be
Non enim temere nee fortuito sati et creati sumus, sed profecto fuitquaedam vis, quae generi consuleret humano: nee id gigneret, aut aleret, quod, cum exantlavisset omnes labores, turn incideret in mortis malum sempiternum, portum potius paratum nobis et perfugium putemus. 1, 49. For we have not been framed or created without design nor by chance, but there has been truly some certain power, which had in view the happiness of mankind neither producing nor main;
taining a being, which, when it had completed all its labors, should then sink into the eternal misery of death rather let us think that there is a haven and a refuge prepared for us.
:
Supremus
tionem That
place.
ille
dies
non
I,
commuta-
affect loci.
last
Non
sati et creati
sumus.
1,
49.
We
Quotus quisque philosophorum invenitur, qui sit ita mora11, 4. tus, ita animo ac vita constitutes, ut ratio postulat?
few philosophers are there whose habits, mind, and lives are constituted as reason demands.
How
TUSCULANAE DISPUTATIONES
Agri non omnes frugiferi
All
fields are
597
Tusculanae
,-" "
ttones.
sunt.
II, 5.
not fruitful.
fertilis sine cultura
II,
Ut
ager quamvis
5.
A
field,
mind without instruction can no more bear however fertile, without cultivation.
than can a
citus, et
Cultura animi, philosophia est: haec extrahit vitia radipraeparat animos ad satus accipiendos. II, 5.
Philosophy
is the cultivation of the mental faculties and prepares the mind to receive proper seed.
;
it
roots out
vices
Qui
Eum
sibi paratam pestem, ut participet parem." 11, 17. He who is preparing destruction for another may be certain that his own life is in danger.
scire
oportet
Consuetudinis
Great
is
magna
vis est.
II,
17.
Domina omnium
Reason
is
et regina ratio.
11,
21.
Hoc quidem
When
in dolore maxime est providendum, ne quid abjecte, ne quid timide, ne quid ignave, ne quid serviliter
muliebriterve faciamus.
in deep sorrow,
II,
23.
be specially careful to do nothing which savors of dejection or timidity, of cowardice, servility, or womanishness.
we must
Non
Tuo
bis,
II,
24.
men do
:
turn
utendum tibi si recta probanti placenon modo tu te viceris, .... sed omnes et
26.
use your
is
omnia.
testing
II,
yourself: if, when you are you succeed in pleasing yourself, then you have overcome not yourself only, but all men and all things.
You must
own judgment on
what
right,
598
Tusculanae
Disputation es.
AND WORKS
Mihi quidem laudabiliora videntur omnia, quae sine venditatione et sine populo teste fiunt: non quo fugiendus sit (omnia enim benefacta in luce se collocari volunt), sed tamen nullum theatrum virtuti conscientia majus est. II, 26.
Whatever
ple's
is
being witnesses of it, is, in my opinion, most praiseworthy; not that the public eye should be entirely avoided, for good actions desire to be placed in the light; but notwithstanding this, the
greatest theater for virtue
is
conscience.
Nunc autem,
in
summa opinionum
lacte nutricis
per-
cum
errorem
Now as soon as we have been ushered into the light of day and brought up, at once we become engaged in every kind of wicked practice and the utmost perversity, so that we seem to have sucked in error almost with our nurse's milk.
Est enim gloria, solida quaedam res, et expressa, non adumbrata ea est consentiens laus bonorum, incorrupta vox bene judicantium de excellente virtute; ea virtuti resonat, tamquam imago, quae quia recte factorum plerumque comes est, non est bonis viris repudianda. ill, 2.
;
Glory is something that is really and actually existing, and not a mere sketch it is the united expression of approval by the good, the genuine testimony of men who have the power of forming a proper judgment of virtuous conduct; it is the sound given back by virtue, like the echoes of the woods, which, as it usually attends on virtuous actions, is not to be despised by the good.
;
Morbi
HI, 3-
quam
and
corporis.
in greater
The
destructive
number than
3.
The
mind
is
philosophy.
in
4.
When
as
is
the mind is in a disturbed state, health cannot exist, even the case with the body.
TUSCULANAE DISPUTATIONES
599
Nimirum haec est ilia praestans et divina sapientia, et Tusculanae perceptas penitus et pertractatas res humanas habere; Disputanihil admirari, cum accident; nihil, antequam evenerit, tlones non evenire posse arbitrari. ill, 14. The highest, the divine wisdom consists in having investigated and mastered the innermost nature of all that pertains to mankind in being surprised at nothing which happens, and in believ-
Epicurus censet stultam esse meditationem futuri mali aut fortasse ne futuri quidem: satis esse odiosum malum
omne, cum
venisset.
ill,
15.
Epicurus thinks that it is foolish to anticipate future evils, which may never happen: "sufficient unto the day is the evil
thereof."
"Reddenda
Ill,
25.
"Mortalis nemo
est,
Ill,
Morbusque."
There
is
no mortal
whom
quasi calvitio
grief could be
maeror
It
is
levaretur.
ill,
26.
if
assuaged by baldness.
vitia
cernere, oblivisci
It is the peculiar quality of a fool to be quick in seeing the faults of others, while he easily forgets his own.
Quid praeclarum, non idem arduum? in, 34. What is there that is illustrious, that is not also
labor?
attended by
definitio,
ut perturbatio
sit,
aversa a
recta ratione, contra naturam, animi commotio. Quidam brevius, perturbationem esse appetitum vehementiorem
sed vehementiorem eum volunt esse, qui longius discesserit a naturae constantia. Partes autem perturbationum volunt ex duobus opinatis bonis nasci, et ex duobus opina-
600
Tusculanae Disputahones.
AND WORKS
;
tis malis Ex bonis libidinem, et laetiita esse quatuor. tiam ut sit laetitia, praesentium bonorum libido, futurorum. Ex malis, metum, et aegritudinem nasci censent: metum, futuris; aegritudinem, praesentibus. Quae enim venientia metuuntur, eadem efficiunt aegritudinem
;
instantia.
IV, 6.
soul, oppoOthers, in fewer words, that it is an excessive appetite, or such as exceeds the bounds prescribed by nature. Now, according to these men, there are two kinds of good, and as many of evil, whence arise so many passions. Those, arising from good, are joy and desire; the former resulting from a good in possession, and the latter from that in expectation. The passions supposed to spring from evil are sorrow and fear; sorrow regards present evil, and fear that which is to come; for whatever excites fear, when in prospect, naturally raises sorrow, when present.
site
Zeno
commotion of the
to right reason,
and contrary
to nature.
Anger
is
man who
seems to have
injured you.
Odium
IV, 9.
Hatred
ingrained anger.
Discord is anger more bitter than hatred, conceived in the inmost breast.
perturbationum fontem esse dicunt intemperantiam; quae est a tota mente defectio, sic aversa a praescriptione rationis, ut nullo modo appetitiones animi nee regi nee contineri queant. IV, 9. The source of the passions is want of moderation, which is a
revolt against the intellectual faculties,
tates of reason as to destroy all control
Omnium autem
est concupita pecunia, nee ratio sanat cupiditatem, existit morbus animi eique morbo nomen est avaritia.
IV, 11.
Cum
TUSCULANAE DISPUTATIONES
When money
there a
disease
is
601
Tusculanae
of
coveted, and reason does not cure the desire, the mind exists, and that disease is called
Dhputationes.
"avarice."
Ita
fit
ut corruptione
it
opinionum morbus
fit.
IV,
rise
13.
Hence
from the
Si
IV,
sit,
Though
Virtus
a laugh
is
allowable, a horse-laugh
abominable.
hominem
jungit Deo.
to
iv,
45.
Virtue joins
man
God.
vitae philosophia dux virtutis indagatrix, expultrixque vitiorum quid non modo nos, sed omnino vita hominum sine te esse potuisset? tu urbes peperisti: tu dissipatos homines in societatem vitae convocasti: tu eos inter se primo domiciliis, deinde conjugiis, turn litterarum, et vocum communione junxisti tu inventrix legum, tu magistra morum, et disciplinae fuisti: ad te confugimus: a te opem petimus. Est autem unus dies bene, et ex praeceptis tuis actus, peccanti immortalitati anteponendus.
!
v, 2.
Philosophy, thou guide of life Thou searcher after virtue, and banisher of vice! What would not only we ourselves, but the whole life of men, have been without thy aid? It is thou that foundedst cities, collectedst men in social union thou that broughtest them together first in dwellings, then in marriage, then in all the delights of literature; thou discoveredst laws, bestowedst on men virtuous habits: to thee we fly for aid. One day spent virtuously, and in obedience to thy precepts, is worth an immortality
! ;
of sin.
Socrates primus philosophiam devocavit e coelo, et in urbibus collocavit, et in domos etiam introduxit, et coegit de vita, et moribus, rebusque bonis et malis quaerere. v, 4. Socrates was the first who brought down philosophy from heaven, introducing it into the abodes of men, and compelling them to study the science of life, of human morals, and the effects of things good and bad.
602
Tusculanae
tl
AND WORKS
v,
9.
regit
es
man.
Unde
igitur ordiri
rectius
parente natura? quae quicquid genuit, .... in suo quidque genere perfectum esse voluit. V, 13. How then can we be more fitly ordered than by our common mother Nature, whose aim has been that whatsoever she produced
should be perfect after
its
kind?
V, 19.
Accipere
It
is
quam
Suum
cuique pulchrum
is
est.
V, 22.
His own
beautiful to each.
V, 22.
his
own.
Adhuc neminem cognovi poetam .... qui sibi non optimus videretur. Sic se res habet; te tua, me delectant mea.
v, 22.
I have never yet known a poet greatest in the world. That is the
himself the
take delight
in
your works,
I in
mine.
illius aeternitatis
Ipsa cogitatio de vi et natura deorum, studium incendit imitandae. V, 25. The very meditating on the power and nature of God excites
Ne mente quidem
completi.
V, 35.
We
filled
with
edi, quaeque exsaturata libido Hausit: at ilia jacent multa et praeclara relicta." (Epitaph on Sardanapalus.) V, 35.
What
I have eaten is mine, and all my satisfied desires; but I leave behind me all those splendid joys which I have not tasted.
TUSCULANAE DISPUTATIONES
Quid est enim dulcius otio literato? than lettered What is more delightful
V, 36.
ease?
603
Tusculanae
Duputattones.
"Patria est ubicumque est bene." Socrates quidem cum rogaretur, cujatem se esse diceret, Mundanum, inquit. Totius enim mundi se incolam, et
civem arbitrabatur.
v, 37. wherever we find ourselves to be happy. When Socrates was asked to what country he belonged, he said For he thought himself an that he was a citizen of the world. inhabitant and citizen of the whole universe.
Our
country
is
cum
cum
soul,
ipso deo,
hoc fas
est dictu,
comparari
potest,
v, 38.
The human
being an offshoot of the divine mind, can be else, if it be not irrelevant to say so, than
V, 38.
speak of a
man
whom
to live
is
to
think.
poterit,
sermonem
alterius
non
requiret.
He who
others.
can
commune with
Mihi quidem in vita, servanda videtur ilia lex, quae in Graecorum conviviis obtinetur: "Aut bibat," inquit, "aut
abeat."
In
life
V, 40.
we
vails in the
ought, in my opinion, to observe that rule, which prebanquets of the Greeks: "Let him either drink or
depart."
INDEX
Ahenobarbus, Domitius, See also Cicero, 295.
50,
s.
v.
famous
Academica, selections from, 459-461. Academicians, 36, 51, 53f., 57, 330, 367, 387. 398fT., 403, 4051., 5781. See also
Alexander, 428f.;
of, 28.
effects
of
conquests
undernames of Stoic writers. Academy, the, soff., S7ff., 68, 383, 443. See also under names of Stoic writers.
Achaia,
made Roman
province, 27.
Acta:
Ad
et populi. See Rome, s. v. publication of news in; senate of. Atticum, 56, 69, 72(n.7>, n8(n.89),
I57ff.,
Ambrose, 67 De Officiis Ministrorum of, 9; De Tobia of, 9. Annates Maximi, 4iof. See also Rome. Antiochus of Askalon, 53f., 56ff., 67f., 378, 383; Acad. Pr. of, 57(n.28). Antipater, 36, 37; influence of, on De
;
Ad Ad
i93ff., 209ff., 24iff., 245, 2S3ff., 256ff., 26o(n.7o)f., 267ff., 276ff., 279, 282f., 286ff., 331, 334(n.i9f.), 354. 374, 378ff., 384, 391, 398, 4'3ff., 423, 426, 428f., 45 1 (n. 20).
196,
198,
Officiis, 373,
376.
Antisthenes, 399.
Antistius, 86.
2i5(n.66),
Atticum, selections from, 461-463. Brut., 280, 302, 304(n.77), 306, 31 if., 317Ad Brutum Orator, selections from, 557559Ad Cornelium Nepotem, selections from, 463Ad Fain., 52(^14), 69, 202(n.33), 215, 217, 220, 222f., 241 (n. 21), 244, 246ft., 2K6, 278, 281, 284(n.5o), 301, 304(n. 7<5)f., 3og(n.9o), 311, 352, 398^.27), 4i4(n.9), 420, 422, 424, 440; to Basilius, 249, 266; to Brutus, 253; to Caelius Rufus, 408; to Caesar, 219; to Cassius, 267; to Curio, 149(^39); to Curius, 262; to Dolabella, 279; to Lepidus, 300; to Ligarius, 250; to Marius, 23off. ; to Paetus, 17; to Plancius, 231, 243, 318; to Plancus, 300; to Servius Sulpicius, 248; to Sestius, 196; to Sulpicius Rufus, 25 if.; to Terentia, 204ff., 229, 240; to Tiro, 47(n.3), 159(11.16), 421, 426; to Titus Titius, 252; to Trebatius, 353; to Trebonius, 426;. to Varro, 231, 242, 378; to Volumnius,
'7-
Antonines, 44. Antonius, Caius (colleague of Cicero), 84f., 164ft., 325, 333f., 345, 433; called Teukris, 196. Antonius, Marcus, 25, 50, 81, 243, 418; Atticus, relation of, to, 41 gf. career of, 270ft.; consulship of, 225, 271; defeat of, at Mutina, 302 imperial ambi; ;
tion of, 27of., 275, 284ff., 437f. ; Milo, trial of, relation to, of, 151; mother of, 291; Octavius, league with, of,
309ft.
;
263; funeral
service under,
288ff.
of, against, 28of., proposed embassy of, to, 2g8f. ; relation of, to, 194, 229, 267, 436. See also Caesar, Cicero, Octavius, Philip-
pica.
See
also Cicero,
s.
v. literary detain-
ers of.
Arati Phaenomena.
poetical poetical
See Cicero,
s.
v. v.
works
of.
Ad Quintum Ad Ad
Arati Prognostica.
Aratus,
7.
See Cicero,
s.
5.
470-471. Quirites, 211, 471. Trebat. See Topica ad C. Trebat. Aelius, 49.
v. poetical
Aeschines,
350ft..
s8ff., 367. defense of, i47f. ; teacher of See also Pro Archia. Cicero, 49, 70. Aristo of Chios, 386, 394. Aristotle, 399, 418, 443, 448; civic basis of theories of, 28; De Finibus, speaker in, 381; definition of, of city-state, 23;
Arcesilaus, 53f.,
Archias:
605
; ;;
6o6
INDEX
Ethics of, 371; harmonizer of idealism with experience, 27; Peri Basileias, of,
Peripatetic school, founder of, S2f. ; philosophy, Greek, supreme exponent of, 26; political science, founder of, 371 Politics of, 21(11.1), 23(n. 3), 371; Sulpicius, influence on, of, 74(n.io); Topics of, 352; Cicero: influence on, of, 328, 344, 366; tribute of, to, 59, 332; works of: library of, brought to Rome by Faustus, 332; seized in library of Appelicon, 118. See also Greece, s.v. literature of. Aristippus, 386. Aristophanes, 351. Arnim, Hans von, 30, 3i(n.i7), 403 (n.38). . Arnold, 8, 3of., 35^.27), 37(n.36), 39, S3. 58(11.30), 64, 72(n.7), 372, 374,
;
428L
14, 18, 40 (11.46,48), 54, 68, 74, 79(n.23), 8iff., 86, inff., 131, i55(n.4), 259, 323, 345fr., 389, 395, 434. See also Brutus,
Brutus,
379,
Arx, 267.
Asconius,
in
Ad Orat. Tog. Cand. of, 427L In Corn., i2o(n.95); pseudo-, 144(^28). Asverus, 97(n.3i). Athens: described by Paul, 56; republican example of, 272; visit of Cic. to, 56; seat of Academy, 57. Atia, mother of Octavius. See Octavius Caesar.
;
165;
Ad
Cicero:
Marcus Junius, 307ff., 31 if., 4 2 9; address to, in Paradoxa, 389; Antony, struggle against, of, 295 ff. Atticus, relation to, of, 41 gf. career of, 256ft. Claudia, divorce from, of, 256; defeat of, at Philippi, 296(^54); Epis. of, 259; flight of, 275; "Hamlet of Roman politics"; On Virtue of, 259; oratorship of, 446; Portia, wife of, 40, 2 56f., 429; republican conspiracy, leadership in, of, 263; Servilia, mother of, 256, 277; sister of, 420; Caesar; correspondence with, of, 259;
;
;
Attic style. See Demosthenes. Atticus, friendship of Cicero and, 67, 71, 150, 163, 207, 244, 252, 259, 363ft., 395, 412, 413ft; history of, from letters of Cicero, 415-20; library of, at Athens, 416. See also Ad Atticum. Atticus, Qu. Caec. Pom., 206 (n. 46). Augustine: Cicero compared to, 313; Commentary on the Psalms by, 355; Confessions of, iof., 379; Contra Academicos of, 11; De Civitate Dei of, 1 if., 358f., 429; De Magistro of 11; Julian, Pelag. of, 427^; preservation of De Republica by, 355, 358; Roman greatness, interest in, of, 24; Soliloquies of, 1 1 ; Stoic influences on, 67. See also Christianity; Stoicism. Augustus. See Octavius Caesar. Aurelius, Marcus, 33(n.22), 45.
relation to, of, 257, 26of. relations with, of, 18, 256, 258, 277, 302; treatises of, dedicated to, 40, 380. See also Ad Brutum; Brutus De Claris Oratoribus. Bryce, 26(n.io), 9o(n.n), 103, 106, 166 (n.27). Budinger, Max, 247(11.370. Burke, Edmund. See Cicero, s. v. orations of; Verres.
Caecilius,
s.
41
ff.
416.
See
s.
also Atticus,
y.
uncle
of.
v. literary de-
fame rs
of.
Caesar, Caius Julius: Anticato of, 244f., 256, 353, 428; assassination of, 265ft.
Catiline,
judgment
246;
daughter of
Ayala, 44.
Bagehot, Walter, 240. Baiter and Kayser, i8(n.24), 344(11.38). Balbus, 241, 245, 391, 399, 420. Balbus, Cornelius, 79. See also Pro (Cornelio) Balbo. Balbus, Lucilius, 40. Baroni, E., H4(n.8i).
Basil, 57.
Bernabei, no(n.64). Bibulus, 257. Block, qi (n.13). Blossius of Cumae, 37. Boethius, 448. Boni, 273.
Boissier, 171 (n. 36), 208, 246(^35), 254f., 258, 409, 4ii(n.6), 454f. scandal, isof., 191. See also Clodius. Botsford, G. W., 184. Brown, 20.
relation to, of, 155, 162, 165, 195, 219, 228, 242, 247ft., 254, 26of. ; 449; tribute to literary skill of, by, 17, 327; conquests of: Africa, 233; of Egypt, 197. 233; of Gaul, 214, 217; of Germany, 197; of Pharnaces, 197, 233; of Spain, 196, 234f., 252; wife of Caes. Calpurnia, 271; Pom:
'Cicero,
;
into Rome, 225; "essay of advice," of Cicero, to, 4281. founder of Roman journalism, 245; founder of imperial system, 234; imperatorship of, 235f. kingship conferred on, 263; Marius, relation to, of, 118; political career of, 165, i7iff.; Pontifex Maximus, 214; praetorship of, 148, 191; reforms of, 239; ruler of Roman world, 149; skepticism of, 404; succession of, 270, 284; Sulla, pardoned by, 119; triumphs of, 234; type of military chieftainship, 43 1
Bona Dea
of
rio;
Liga-
INDEX
Caesar, Caius Julius, father of Julius grandfather of Julius Caesar, 114; Caesar, 114. Caesar, Lucius, 298(11.51), 310. Caesar, Octavius. See Octavius Caesar. Caius, 94(11.24). Calenus, Fufius, 290, 293, 294, 297f. See Cicero, J. v. literary defamers of.
Callegari, 112.
607
ship of, 217; birthplace of, 430; class relationships of, 155, 432; city life, fondness of, for, 408ft.; criminal cases of (catalogued), 131; literary defan>__ ers of, 45 iff.; marriage, of to Put> lilia, 244, 252; modern world, relation
of, iff.; mother of, 47, 50, 422; funeral oration on, of, 429; praetorship of, i55f., 161, 413; "prime minister of Rome," 292, 439; professional income of, 8off., 158, 244; proscription of, by Octavius, 31 off. quaesquattuor torship, 141, 155, 413; virate, proposed as member of, 198; reflector of great political transition, 16; Renaissance, influence on,
to,
Portia,
Calpurnia, wife of Caesar. See Caesar. Calvus, Athenodorus, 60, 374, 446. Camillus, 24. Campus Martius, i66f., 176, 283, 438. Caninius Rebilus, 262. Cantalupi, 120(11.96). Carbo, Cn., 84, 86, 347.
Carlyle, 14.
Carthage, Roman colony at, 112. Carneades, 36, 53(n.i6), S4f., 57. 358, 367. 402(n.36), 404. Casca, 288, 307, 418.
;
448f ; republic, last defender of, 240, 265ft., 275, 278, 288ff., 352, 431,
of,
.
60,
conspiracy
ords
of,
Cassius, 256, 258, 263ft., 274, 277f., 298, 309, 3i2f., 332, 44s wife of, 420. Cassius, Qu., consulship of, 225. Cassius Barba, 261. Catiline, Lucius Sergius: alliance with Sulla, 118; career of, I73ff. ; charge of desecration against, 156, 166, 173; Cicero, opponent of, in consular camdeath of, 186; intrigue paign, i64f. of, with Allobroges, i8off.
;
436ft., 441ft. ; Senate, leadership in, of, 437; sister of, 417; uncle of, 206; visit of, to Asia, 67ft. ; visit of, to Greece, 56ft. ; wit of, 17L, 339ff. assassination of, 314ft., 4361.; indignities after, to, 3151. career of: as statesman, 432ft. ; end of
430,
forensic, professional, 260; 25 if., 432L in epochal time of Rome, iff., intellectual, 407 (n.46), 445;
;
of,
174ft., 432f.,
454; rec178,
44i; consulship of, 155, 167, 414; commentary of, lost, on his consulship, 428; in Asia, 205f., 207, 212; in Cilicia, i86ff.;
Sicily,
141ft.; 205ft.,
414; fellow-conspirators
execution
of,
180;
Catili-
192.
See also In
nam; Cicero. Cato, 244, 260, 348. Cato Censor. See Cato Maior. Cato, L. Porcius, 83. M. Portius, Cato, M. Portius (Maior)
:
in daughter of (Tullia), 229, 240, death 384; 330; exile from, 435; fame 436; reaction against, 449; homes 4i3f. Arpinum, 46L,
of, of, 252ft., 202ff.,
recall
207ft.,
at
40, 48, 58, 60, 202, 230L, 244, 25sff., 347, 356, 376, 381-3. 428, 454J death Of, 233f. ; De Senec, dedicated to, Roman lit39iff. ; Origines of, 324L See also erature, place in, of, 325. Caesar, Julius, j. v. Anticatq of; s. v. funeral oration of, on Portia.
;
344;
on the Palatine.
56,
8off.,
158,
Cato Maior,
ectute.
De
Senectute.
See
De
Sen-
Com.
Chaeronea, battle Charmidas, 53.
icism.
of, 27.
Christianity: relation of Cicero to early, 7ft., 67, 406, 430, 447L See also Sto-
Chrysippus, 43, 6of., 366, 387, 403; 406; Apud Diogenes Laertes, of, 33 (n.23), 34L Apud Pint de Stoic, Rep. fellow-countryman of St. of, 34L Paul, 7; on common law as "right reason," 33, 63; second founder of
;
'youth
war,
influence on public opinwritten, 302; permanent forensic eloquence, 3; of: on civil law, 366; on immortality, 36 iff., 384; on moral law, 365ft-, 374-7. 383. 385ft-, 389, 392; on philosophy, 345, 378-407, 443; on suffering, 386; on suicide, 382; on the theater, 359; on theism, 6, 361ft., 367-8, 402, 443*-. 447; on wit, 337ft-; wife of (Terentia), 156, 192, 195; 220, 222, 229, 24of., 242f., 3i8f., 417, 419, 434; divorce of, 242L ; 318L works of: failure of posterity to collect, 14, 82; on rhetoric, 32 iff.; on philosophy and_ theology, 321; on science and politics, 320ft. ; poetical, 428-9;
of:
last
of, 46ft.,
;
322L
during Italian
Stoic school, 32, 38. Chrysogonus. See Roscius, S. Lucius (cousin of M. Tullius), s6f., 143, 383Cicero, Marcus (father of M. Tullius),
46, 74. 325.
studies of, 324ft;., 431; asof, of toga z'irilis in the Forum, 70ft. See also Plutarch; Stoicism; Tiro; under various titles of.
83ft.
sumption
Cicero,
Cicero, Marcus Tullius: ancestry of, 47; aedileship of, 141, 156, 413; augur-
Cicero, Marcus (son of M. Tullius), 157, 220, 295, 297, 3i7f., 33of., 373, 422. Cicero, Quintus (brother of M. Tullius), 46ft., 561., 74, 148, 158, 163, 218, 220, 221, 241, 325f-, 343. 363ft-. 383, 42f., 417, 42if., 424; Quintus (nephew of M. Tullius), 159, 220, 314, 4i7-
6o8
Ciceronians. See Cicero, last defense of, by.
s.
INDEX
v. republic,
De
De De De De
Roman
2J3;
Cimber, 274. Cinna, ii7f., 274, 322, 328. Cinna, Helvius (tribune), 274. City-state, denned by Aristotle, 23;
absorption of, in nationality, of, a democracy, 104; evolution of, 87ff. ; extension of law of over world-empire, 4if., 107, 124; in civil war, 116; submergence of, in nationality, 268. See also Rome, constitution of.
:
444-
427L
14,
Divinatione,
8,
form
36(^34),
60, 69,
385, 402-5, 407(n.46), 428f., 444. De Divinatione, selections from, 478-482. De Fato, 60, 405-7, 444.
De
Finibus,
4, 14,
Clark, 95(n.2s), 97f.(n.33>. Claudia, wife of Brutus. See Brutus. Claudius, Appius, 151, 193, 221, 257. Cleanthes, 32.
Cleitomachus, 402(0.36).
40, 53, 58, 60, 326(n.8), 380-84, 398 (n.27), 429, 4431., 457(n.2o). De Finibus, selections from, 482-485. De Gloria, 407(^46), 4i7(n.i8). De Harusp. Res., 2i2(n.62), 214. De Haruspicum Responsis, selections from, 486.
De De
De
486.
Inventione Rhetorica, 327ft., 330, 448. Deiotarus, orations of Brutus and Cicero
De
Legibus.
See De Lcgi-
Pro Milone.
bus,
169.
s.
v. title of.
De Lege
De Lege Agraria, selections from, 487. De Legibus, 14, 19, 33, 61, 67(n.48),
72(n.4),89(n.8), ioo(n.38), u8(n.89), i2o(n.93), 363ff., 369(11.31). 417
Consolatio, seu de Luctu minuendo, 254, 38 4 fConstitution, Roman. See Rome. Conybeare and Howson, 7, 57(n.27), 430 (n.14). Corn-laws, Roman. See Rome, s. v.
De
(n.14), 442.
Demetrius of Syria, 67L Demosthenes, 2i(n.i), 280, 286; Cicero, compared to, 550; Cicero, tribute of,
to, 349ff.
De Natura Deorum,
64, 69, 86,
8,
14,
117(0.88), 393(11.22), 397407, 42g(n.8), 444. De Natura Deorum, selections from, 493498.
De
Officiis, 4,
9,
14,
26(n.io), 3i(n.i7),
De Officiis, selections from, 498-522. De Optima Genere Oratorum, 35 if. De Oratore, 1, 14, 46(n.i), 51, 71,
De De De
407^.46), 427.
73
(n.8), 78(n.i9), 85(0.32), ii5(n.8 2 ), 323f., 327. 329, 331. 333. 335ff-. 354.
193L
219;
of,
consulship of, 2i7ff. death of, skepticism of, 404; Sulla, ally
;
118.
395(n.24a), 442. Oratore, selections from, 522-530. Partitione Oratorio Dialogus, 33off. Partitione Oratorio, selections from,
530.
Crassus, Marcus, 340L Crassus, Publius (son of Lucius), 217. Crates, 36, 53.
Critolaus, 36. Crossley, Hastings,
38.
De
Ctesiphon.
Curia, 88ff.
See Demosthenes.
58.
De De De
De
selections Partitione Consulatus, from, 531. Philosophia. See Hortensius. Philosophia, selections from, 531. Provinciis Consularibus, m(n.68),
216L
Provinciis from, 531.
Consularibus,
3, 4,
selections
De Repubhca,
II,
156.
D
Damasippus, 117, 343. Daremberg and Saglio,
4o8(n.2),
(n.29), 37(n.36), 42L, See (n.9), 92(0.16), 354ff., 370, 442. also De Legibus. De Republica, selections from, 531-537 selections Scipionis," ("Somnium
De
246
64ff.,
391-94,
(n-34)-
INDEX
Diodorus Siculus, 115(11.82).
Diodotus; teacher of Cicero, 551., 373. Diogenes Laertius, 32, 341., 406. Diogenes Stoicus, 2a(n.i3f.), 3if., 36. Dion, Cassius, 44, 80, 9o(n.9>, 92(n.i6,
18), 94(n.24),
609
I22(n.i02), iso(n.4o),
239(n.i7),
262(n.77f.),
272(1.,
296
(n.56), 298(^58), 307ff., 318, 366. See also Cic, s. v. literary defamers of. Dion, Hal., 97. Dionysius, 68, 88(n.3>, 97, 102 (n.45), 220. Documents: multiplication of, in the
Faustus, son of Sulla, 332. Favonius, 277. Ferrero, 104(^55), 108, no(n.64) 111, 113(11.75), ii4(n.8i), ii9(n.92), 123, i64(n.24), i7if., 174ft., 197(^23), 234 (n.5), 246(n.34), 280, 288, 293, 296 (n.56), 308 (n.88), 3io(n.93), 313, 3i9 370, 4o8(n.2). Festus, 47, 113(11.71). Fioretti, 97(n.3i). Flaccus, 112, 204, 295. Flavius, C. See Pro. Rose. Com. Flamininus, 391. Forsyth, 151(11.41), 183, 3i8(n.io9), 455.
Forum, Roman,
283,
3,
75!.,
9off.,
162,
166,
ancient world, 2. Dolabella, 228, 241, 252, 279, 294, 297ff., 423Drane, Augusta T., 448. Drumann, W., 5o(n.9>, I3s(n.i6f.), 168 (n.29), 171 (n. 38). See also Cicero,
literary defamers of. Drusus, Livius, nsf., 168, 333.
344; place of, in Roman public 438; Cicero: first appearance of, in, i27ff. assumption of toga virilis by, in, 70. See also Cicero; Rome. Foster, H. B. (translator of Dio Caslife, 75,
sius), 451(11.19).
Dumazeau,
Grellet-, 75(n.io),
77(n.i8),
79(n.22), I9s(n.i9).
E
Ecgbehrt, King, library of. See Alcuin. Egypt. See Caesar, 5. v. conquests of. Eleusis, mysteries of, 67.
Fragmenta, i8(n.24), 344^.38). Fragmenta, selections from, 550. Freeman, E. A., 87(n.2), 9i(n.i3), 99
Froude, 109,
(n.36), io5(n.56), 190, 455. Fronto, 218; Exc. Elocut. of, 428. ii3f., 234(^4), 23g(n.i6),
24gf., 268, 272, 284. Fulvia, 175, 178, 291, 3i5f. Fusius. See Milo, Ann.
23.
See
also
Rome.
Gabinius, 160, 189, 20off., 214ft. See also Pro Rab. Post. Gaius, Inst, of, 44, 96(n.29), ioi(n.44), io6(n. 5 8). Galba, 78, 164, 347. Galeotto, Italian translator of Cicero,
448- Callus, C. Aquilius, 39, 243. Gardthausen, 455.
Empiricus, bextus, 53; Pyrrohoniae Hupoptuposeis of, 58(n.3i). Enc. Brit., is6(n.s), 424(^36). Ennius, 71, 393, 396, 446; Roman letters,
323f. ; Roman shorthand, founder of, 423. Eros, steward of Cicero, 420. Ep. ex Pont., 203. Epictetus, 33(n.22>. Epicureans, 18, 52f., 326, 38of., 386, 398ff., 446. Epicurus, 52, 386, 388. Epistola de Petitione Consulatus, 163. Epistolae ad Brutum, selections from, 549, 550. Eptstolarum ad Brutum Liber. See Ad Brutum; Cicero, s. v. letters of. Epistolarum ad Familiares, or Epistolarum ad Diversis Libri xvi. See Ad Fam; Cicero, j. v. letters of. Epistulae, 407 (n.46). See also Cicero, j. v. letters of; Rome, .j. v. history of.
See Caesar, s. v. conquests of; as Roman province. See Marius; Caesar, s. v. Com de B. G. Gauter, 296(^55). Gellius, Aulus, so(n.n), 99(n.36), 102 (n.45), ii4(n.8o), i2i(n.i), 158 (n.n), i95(n.2o), 321, 369, 421, 427L Germanic invasion; checked by Marius,
Gaul.
won
115-
Gibbon, 74.
(Cardinal), 24. Gilbert, J., 88(n.3). Glabrio, M. Acilius. See Verres. Glaucia, 272.
Gibbons
S. S.
Euripedes: Fr. Aiol. of, 204. Eusebius, 57 (n.28), 424. Eustochium, letter of Jerome to, 10. Evolution, Stoic doctrine of. See Stoicism s. v. Cicero, influence on, of.
Goethe, 14. Gordis, Warren Stone, 445 (n. 11). Gracchus, Caius, 272, 446; career of, 1 1 iff. judgeship, disqualification of senators from, by, 122, 128; Cicero: influence on, of, 324; tribute of, to, 347; reforms of, 112S., 169; undone by
;
Sulla, 122.
of,
inspiration of,
Faberius, 276.
Fabia (sister-in-law of Cicero), 156. Fabius Maximus, 261. Fannius, C, 38, 394ff.
Fate: Cicero's doctrine of. See Fausta, wife of Milo, 150.
169; un-
De
Fato.
Gratidianus, Marius, 173. Gratidius, 46(n.i). Greece: culture of, indebtedness of Cicero to, 16, 155, 324, 327, 347, 349ff.,
6io
43 J.
45o;
INDEX
Macedonian
Cicero
conquest
of,
27ft.; visit of
to, in
youth, 383.
Janiculum, 172.
influence Cicero:
on,
7ff.,
67;
love
of,
made
reproach
against, 10; Oeconom. of, preserved by, 427. See also Christianity; Stoicism.
Jerusalem, capture
Pompeius, Cn.,
estine by.
s.
125(^3),
i27f.,
141
i47(n.35), i59(n.i7), i8 3 f., 2 3 6(n.7), 238f. Greenough, Allen and, i34(n.i3). Grotius, 22, 44.
167
Jews,
j. v.
Cn.,
pre-
H
57. Harbottle, 20.
v.
Hadrian,
Hastings, Warren. See Verres. Hecato, 373. Heineccius, 95(^25). Helvia. See Cicero, .$. v. mother of. Heraclitus, 33(n.22>. Hermann, C. F., 452(n.2i). Herennius, manual of rhetoric addressed
to,
Jordan, 9o(n.i2). Tors, P., 97(n.3o). Josephus, i8g(n.3). Fulia, daughter of Caesar. See Caesar. lulius, Caius, 85, 345f.; mother of, 114.
junomia,
Jus
112.
of,
Roman
in-
24, 4if., 7if., 103; Cicero's definition of, 336f. See also Rome:
of, by Grotius states, 22ff., 44; product of law, 26f. ; product of
327.
Herennius, assassin of Cicero, 313. Herzog, 3io(n.93), 455. Hesiod, Theogony of, 401.
modern
comparative
Stoicism,
Hieronymus,
388.
Hirtius, 245, 255, 290, 2g8f., 301 f., 406, 428. History: Cicero's definition of scope
planting Cicero:
Roman.
1.
of,
See Rome, history of. Hobbes, on "natural man," 371. Holland, T. E., 33, 44, 371.
Homer, 401;
Iliad, 74Cn.11), 224. See also Cicero, s. v. poetical works of. Hooker, 369. Horace: at Philippi, 296; early career
of,
43f. ; world-law sup40, city code, 15, 42, 103; definition by, of, 13, 4if., 62f.; relation of, to development of, 23, 41, See also Rome, .y. v. constitution 63. of; law of. Jus naturale, 43f. Jus strictum, 42. Justinian, Digest of, 21, 25 (n. 9), 72, 74, (n.io), ioi(n.44ff.), io3(n.5if.), 121
(n.100),
of,
76
(n.14).
i27f.(n.s); 44(n.56); schools, closed by, 57(n.27), 326. See also Pomponius, Ulpian. Juvenal, 191 (n. 8);
>Inst. of,
79ff.,
296,
323,
in
379,
K
Stoic foundation of Christianity, 9. Karlowa, 9i(n.i3). Kayser, Baiter and, i8(n.24). Keller, F. L., 125 (n.2). Kelsey, F. W., 17. Kiene, 1 i6(n.84). Kriiger, P., 73(n.9). Kuhner, 402 (n. 36).
389;
Kant,
on
early
of; in criminal 141, i44f., 147; in plea for Manilian law, 161 in trial of Verres, See also Verres. 432.
126,
;
7,
S7(n.27), 430
In Caecilium. See In Verr. In Catilinam. 76, i77ff., 180, i84f., 434. See also Catiline. In Catilinam, selections from, 550-553. In Pisonem, 76 (n.14), 187. In Pisonem, selections from, 553-554. In Vatinum, 132. In Vatinium, selections from, 554.
International Public Law, 23(n.3). In Verr., 77(n.i4, 17), i2o(n.93), I32ff.,
I4iff., 145,
Labienus, 171, 233^, 264. Lactantius: Consolatio preserved by, 384; De Rep., fragment of, preserved by, 42, 63(n.36), 355, 358; works of, 8.
Laelius,
394ff.
37f.,
58,
354,
356,
359,
391,
Laelius,
De
Amicitia.
See
De
Amicitia.
n6(n.83),
147, 448.
120(11.96), I45(n.3i), i6s(n.25), 200 (n.29), 213, 305(^78). Language, Latin, service of Cicero to, 326.
Laterensis,
M. Junius.
INDEX
Law, teaching of, in Rome, also Rome, s. v. law of. Leges Liviae, 116.
7off.
611
See
to, of,
432; defeat of, 85, 188, 432; eulogy by Cicero, 216; Gaul won as Roman province, by Marius, 115; massacre
Leibnitz, 4o6(n.45). Lentulus, 86, 207, 224. Lepidus, 256, 267, 284, 291, 300, 302, 304, 3o6ff., 347; interregnum of, 150; role of, in republican conspiracy, 27 iff. Lex Acilia, 77(n.i4>. Lex Agraria of Rullus, 168. Lex Aurelia, 145. Lex Calpurnia, 96, 160, 165, 174. Lex Ceuturiata, 93, 101.
Maximus, Q. Fabius, 340, 392. Memmius, Lucius, 84, 345. Menippus of Stratonica, 68. Mernvale, 455.
Lex Lex Lex Lex Lex Lex Lex Lex Lex Lex Lex Lex Lex
Domitia, 122.
Gabinia, 454. Hortensia, ioi(n.44), 106.
Licinia,
Mescinius, 421. Messala: Apud Gell. of, 94(n.22); Hortensius, speech of, for, 79. Metellus, Metellus Celer, 114, 207; Quintus, 84; Metellus, Caecilius Pius, Metellus Scipio, Caecilius, 172, 222L 233. See also Verres.
;
no.
Muneralis. See Lex Cincia. Plautia Papiria, 116(11.85), 147. Pedia, 307. Manilia, 454. Setnpronia, in(n.68).
Valeria, 118, 183. Ligarius, defense of, 2Soff. Lightfoot, 5, 36. Literature: Latin, service of Cicero to, See also Greece, s. v. 398, 404, 446. literature of; Rome, s. v. language of;
literature of. Epit. of, 25 (n. 8), 5o(n.8), 92 (n.16), iio(n.62), ii2(n.69, 71), 116 (n.83), i22(n.io2>, i89(n.3), 298 (n.58); N. H. of, 43(n.54), 8 9 (n. 7 f.), I03(n.54f.), i2i(n.99), 102, 95, 99, 127, 20i(n.3o), 307; Per. of, 273(n.8),
7.
Mithridatic.
Livy:
Mommsen,
(n.i3f.),
v. literary
defamers
of.
Morabin, 372.
Mueller, C. F. W., i8(n.2 4 ), 344(11.3). Muirhead, 95(n.2s), ioi(n.4o).
of,
233, 255.
Murena, 86, i74ff., 186. See also Pro Murena. Murray, Gilbert, 29(n.na), 33L Musca, 428.
Mutina, siege
438, 440.
of,
N
Naevius, 325. See also Quinctus, P. Napoleon, 15, 435, 455. Nepos, Cornelius, 413; Vit. Att. of, 206
(n.46),
M
Maass, E., 429(n.8). Macaulay, iJ8fMacedonia, Roman province of, 174. Macer, C. Licinius, trial of, 161. Macintosh, Sir James, 87(n.i), 356. Macrobius, 170, 230, 344(^38), 355, 369,
4i6(n.i2f.)
4i7(n.i4f.), 419.
Nepos, Metellus, i86f., 341L Nepos, Valerius, 151, 173L Nero, 338.
Nettleship, 26(n.io), 43^.54). 1x3(11.77), n6(n.83). Cardinal, 54, 319, 326f., 333, 367, 413, 446f. Niebuhr, 156, 169, 183, 407(^46). Nota Tironianae. See Tiro.
Madvig,
145
44,
Neumann, Newman,
of, 57(n.28).
Mamurra,
261.
Manilius, 189, 354; Astron. of, 424. Marcellus, Marcus, defense of, 22 5L,
250ft., 255.
O
Octavianus. See Octavius Caesar. Octavius, Caesar, 18, 418; Antony, relaof, 419L career of, 283; consulship of, 307f Monumentum Ancyranum of, 286, 291 (n. 44); mother
;
;
Julius.
See
Marcian, 72. Marius, Caius, 268, 272, 328, 389; career of ii3ff., 155, 167; Cicero compared
282L,
307ft.
Atticus,
6l2
234;
INDEX
of, 270, 308; sister of, 308; sons of, step-father of, 292; succession, imperial, struggle for, of, 282ff., 307fT. Caesar: adopted by, 234, 270ft., 307; heir of, 261, 438; Cicero: attitude of, to, 284ff., 291; relations with, of, 281ft., 286f., 3i6f., See 342, 44of. ; tribute to, of, 316. also Antony; Caesar; Rome; trium-
Philo of Larissa, 52(n.i4f.), 56ft., 378. Philosophy: Greek, Cicero's relation to, 355ff-> 447; Roman, relation of Cicero to, See also Stoicism; under 446. names of Greek philosophers. Philotimus, steward of Terentia, 243.
Philus, 354, 358, 367. Phusis, Stoic doctrine of. See Cicero, s. v. Stoicism, influence of, on. Pinarius, L., 270. Piso, L., 200, 211, 214ft., 271, 292, 297f.,
383Piso, Marcus, 57, 381. Piso, T., 209. Plancius, Cnaeus, 205f.
virate.
Octavius,
Gn.,
117.
Occonomica ex Xenophonte.
phon.
Ofilius,
See Xeno-
Olivet,
Abbe
d', 20.
See
also
Oppicianus. See Pro Cluentio. Oppius, 418, 241, 245. Orationes Antonianae. See Philippica. Orator, selections from, 557-559.
427, 429. Orestinus (tribune),
Orelli,
Pro
also
Plancio.
Plancus,
158,
3oof.,
307^
See
165.
Origen, 8, 10. Ortolan, 96(n.28f.). Otho, law of, 160, 170. Overbeck, i36(n.i9).
Panaetms,
Officiis,
39,
51,
358,
ism, 60, 64, 69f., 395. Palestine. See Pompeius, Cn. s. v. invasion of Palestine by. Pansa, 287, 290, 293ft., 299, 302, 304.
Milo. Plasberg, Otto, 380. Plato, 365^, 382; civic basis of theories of, 28; cosmogony of, in De Nat. Deqr., 398ft'.; Dialogues of, 21 (n. 1); Epis. of, 228; founder of Academy, 52f., 57ft. Greek philosophy, supreme exponent of, 26; ideal of, vitalized by Cicero, 65ft., 375f., 447; indebtedness of Cicero to, 354^, 365-66, 450; interpreter of idealism, 27; Laws of, 2i(n.i); Phaedo of, 64, 385, 398; Phaedrus of, 64, 385, 398; Republic of, 2i(n.i), 63; Timaeus of, Cicero's translation of, 379, 399. Plautus, 18, 325.
;
Plebii, 9off.
Pliny, 448; Epis., if., 79(n.2i); N. H. of, 8i(n.25), 99(n.35), n6(n.83), 169 (n.32), i7o(n.34), i97(n.23), 212 (n.62), 380. Plutarch, 278, 344(^38); Ant. of, 270, 3io(n.95>; Brut, of, 264(n.8i), 295 (n.53f.), 3o8(n.87); Caes. of, 119 (n.90), igi(n.7f.), i96(n. 22), 236 (n.8), 239(n.i7), 244(^29); Car. of, i74(n.42); Cat. Min. of, iso(n.4o); Cic. of, 18, 47, 49, 56, 156, 158 (n.io), i6i(n.2i), i68(n.3o), 174 (n.44), 177(^50, 52), i79(n.58), 192 (n.i2), 20i(n.3i), 210, 23o(n.io8), 24if., 25i(n.43f.), 265, 309(n.9if), 3i3f., 3i6ff., 326(n.8), 339, 436; Crass.
2i7(n.68); Gr., C. of, inf.; Gr., no(n.6ii.); Pomp, of, 219 i89(n.3), ig7(n.23); Sto. Rep. of, 30; Sulla of, n8(n.89).
of,
Polemo,
Roman: relation of Cicero to, 446. Pollock and Maitland, 2i(n.i). Pollock, Frederick, 16, 24(^5). Polybius: interest of, in Roman greatness, 24;
37-
158(11.13), 263(^79), 316; i., 275, 437; ii., 2i7(n.69), 288ft., 442, 451, 271, 279, 281, iii., 275, 284(^32), 288(n.4i), 370; iv., 434; v., 291, 439; vi., vii., 293. 300; viii., 294, 440; ix., x., 296(n.56f.), 306; xi., 279, 295,
280, 266,
285;
290,
Pompeia, wife of Caesar. See Caesar. Pompeius, Cnaeus (the Great): 69, 133, 157, 272, 332, 404^, 421, 434, 454;
Caesar, relations of, with, 197, 258, 274; Cato, alliance with, 219; Cicero, relation to, i88ff., 222f., 230ft., 436; consulship of, 150ft"., 217ft.; dictatorship of, i88ff., 219; leadership of, in Mithridatic war, i6iff., 173, i8gf.; oratorship military career of, i88f. of, in Cicero's youth, 84; proconsulinCilicia. Palestine, ship of, in 220; vasion of, by, i89f. ; ruler of Roman
;
xii., 299; xiii., 300; xiv., 302ff. Philippicae, selections from, 562-569. Philippi, battle of. See Brutus. Philipius, 282. Philippus, step-father of Octavius Caesar, 292, 333-
; ;
INDEX
world, 149,
191,
613
i96f.;
sons
of,
255;
statue of, 260; Sulla, alliance with, 118; supreme command of, in Mediterranean, 160, 168; Pompey: type of military chieftainship, 431; Pompeius, Cn. (son of the Great), 255. See also Pompeius, Cn., s. v. sons of. Pompeius, Quintus, 84, 344. Pompeius, Sextus, 83, 231, 255, 301, 308, 317, 322. See also Pompeius, Cn., s. v.
Pro Sestio, 76 (n. 14), 133. Pro Sestio, selections from, 589. Pro Sext., 208. Pro Scauro, 175(^45). Pro Sulla, 133, i55(n.i), i78(n.55f.). Pro Sulla, selections from, 589. Pro Tullio, selections from, 590.
Pseudo-Asconius
Ptolemy Auletes,
sons
of.
Pompeius Strabo, Cn., 83. Pompeius (tribune). See Milo. Pomponia, sister of Atticus, 417, 425. Pomponius, Cn., 84, 295 (n. 51), 378. Pomponius, Sextus, 86, 98(11.34). See
Digest. Portia, wife of Brutus.
also
See Asconius. Sec also Pro 198L Rab. Post. Ptolemy, gymnasium of, 57. Publilia, wife of Cicero. See Cicero, second marriage of. Pusey, E. B. (translator of St. Augustine),
1
in.
See Brutus. Posidonius, 56, 60, 69, 373f. Post-Aristotelian philosophy, mingling of Greek and Oriental modes of thought
in, 29.
Q
Quarterly Review, 249. Quattuorvirate. See Cicero. Questio de Repetundis, ii2(n.69). Quinctius, Publius, Cicero's defense
I23f.
of,
Praetor peregrinus, 25, 41, 103. Praetor urbanus, 24, 103. Praxiteles. See Verres. Pro Archia, 133, 145(^35!!.). Pro Archia, selections from, 570-574.
Quintilian, i7f., 8off., 332, 344(^38), 449f. Inst, of, 51 (n. 2), 77(n.i6), 78 (n.2of.), 3391., 426, 450.
R
Rabirius, defense Rabirio Perd.
of,
Pro Caecina,
132.
39,
77(n.i6),
119(11.91),
i7if.
See Pro
Pro Caecina, selections from, 574. Pro Cael., 199(^27). Pro Caelio, selections from, 575-576.
Ramage,
Ranke,
132,
210. Pro Cluentio, selections from, 576, 577. Pro Cornel. (Balbo), i2o(n.9s), 132,
164.
Rebilus, Caninius, 340. Regulus, 374, 377; plea for son of, example of early dissemination of docu-
ments,
Reid,
J.
2. S.,
55(n.22), s8(n.3o).
44f.
Renan, Ernest,
selections from, 577,
Pro
Domo
(n.70), ii5(n.82), ii9(n.9i), 133, 155 (n.3), 202(n.35), 2i2(n.62f.). Pro Domo Sua, selections from, 578. Pro Flacco, 133, 189(^4). Pro Flacco, selections from, 578. Pro Fonteio, 132. Pro Lege Manilla, i6if. Pro Lege Manilla, selections from, 579. 580. Pro Ligario, 134, 250ft. Pro Ligario, selections from, 580, 581. Pro Marcello, 218, 247ft. Pro Marcello, selections from, 581. Pro Milone, 134, 146, i52(n.33ff.), Pro Milone, selections from, 581-583. Pro Murena, 96(^29), 132, 175. Pro Murena, selections from, 583, 584. Pro Plancio. 17, 132, I55(n.3), 203, 224. Pro Plancio, selections from, 584-586. Pro P. Quinctio, 125, 131, iss(n.2). See also Quinctius, P. Pro P. Quinctio, selections from, 586. Pro Rabirio, 65, 132. Pro Rabirio Postumo, 134. Pro Rabirio, selections from, 576. Pro Rab. Perd., 6, ii2(n.7o), 172. Pro Rege Deiotaro, 134, 261. Pro Rege Deiotaro, selections from, 587.
Rein, i28(n.9). Rendall, G. H., 38. Republic, Roman. See Cicero; Rome. Rhetorica selections ad Herennium, from, 590.
Ritschl, 455.
Robespierre, Cicero compared to. See Cicero, s. v. literary detainers of. (n.5). J., 72 Roman Journal. See Rome, s. v. publication of news in. Rome: calendar of, reformation of, 239; colonizations of, 112, 122, 168, 239; culture of, relation of Cicero to, 445, 449; democracy in, struggle for, iogff. dictatorship, law of, in, 118; equestrian order of, 122; imperial expan-
Roby, H.
237;
370,
sion of, 197; institutions, ancient, of, 368f. ; kingship of, 89ft. land question in, 107ft., 214; publication of news in, 246, 408ft. republic of, downfall of, 189, 255, 307; last defense of, 438f. period of, 911.; slavery in, 107, 420; temples of, scenes of historic incidents, 75, 152, 170, 271, 276, 294; tribes, early, of, 88f., 92, 104; city of: as city, state, 88f., 106; in transition period, 430; under Caesar,
; ;
civil
organization
Pro Roscio Amerino. See Roscius, S. Pro Roscio Amerino, selections from,
587, 588.
ward imperialism,
;
from,
434; judicial procedure under, i25ff. provinces in, 163; under the Caesars, 262, 283f. of: aedileship under, constitution ioif. ; censorship under, io3f., 237;
; ;
614
;
INDEX
Comitia, under, 237L completion of, io6(n.58); consulship under, 99ft.,
159; development of, S^fF. ; disregard of, by Cic, in crushing conspiracy of Catiline, 439f. during transition to imperialism, io8ff., 123$. ; history of, in De Republica, 356ff. ; inadequacy of, for government of imperial
121ft.,
;
Sassia.
74, 85ft.,
117, 337.
Rome,
freedmen 279; enfranchisement historydisintegration beginnings 445f; law of Cicero, Cicero's on,
of, 116ft.
;
perial system, 268f., 431; quaestorship under, 96ff., 121 ff. ; senate under, 333; struggle of classes for, 100; tribuneship, ioiff., iaoff., 365(^24); veto power under, 105, 121;
of, of, as class, io8f. of, 4iof.; in
335ft.,
Scato, Pub. Vet., 83. Scaurus, 46(n.i), 157. Schmeckel, A., 35(11.29), (n.52).
38(^39), 69
Schmidt,
O.
of:
letters of:
treatise
369; civil, 96ff. codification of, 7 iff., 2 9S (n.51); com. on distribution of, 112, 122, 200, 212, 268; criminal, 95ft., 122, i28f., 239; divorce, on, 319; history of in De Republica, 360; municipal, 23sf. place of, in modern civilization, 22; pontificial regulations of, 73, 121, 172; reform of, Marian, 114$.; reform of, Servian, 9iff., 97ff.
; ;
Schneidewin, Max, 455. Schwegler, 99(n.35). Science, conception of, in ancient world, 371; political, conception of, in Greek philosophy, 371. See also Cicero, s. v. precepts of, on moral law. Science of Jurisprudence, 22 (n.2), 42
(n.51), 71, 77(n.i5), 94f.(n.24), 12b (n.4), 238(n.i3), 337, 371. Scipio Africanus, 37, 58, 354, 356, 359ft.
Scipio,
Scipio,
Publius
Aemilianus
(Africanus
also
Twelve Tables
of,
;
24,
71 f.,
74,
102,
the younger), 360ft., 391, 395^ Qu. Met., 149, 281. See Verres. "Scipio's Dream." See Som. Scip. Sellar, 325 (n.7).
literature of:
324L
service of Cicero
Sempronia, 181. Seneca: classed as later Stoic, 33(n.22); Cons, ad Helv. of, 259; De Provid. of,
23 435; Dial, of, 3i(n.i7), 35; Epist., 31(11.171. 424-
organization of, 268, 282f. basis of control of leaders, 188, 437f. chieftainship of, evolution of, 431 imperial system organized on basis of, 285, 306; land, holding of, under,
;
See Brutus,
341; reform of, Servian, 93f. senate of, 237f., 343; senate, courts of, reformation of, by lex Aurelia, 145; functions of 89ft., io6ff., 120, 162; last free assembly of, 300; publication of reports of sittings of, 409ft. See also language, Latin; literature, Latin; Stoicism; under names of laws. Roscius, Quintus (Comoedus), 131ft.,
170.
Marcus.
Servilius, Pub., 291, 2g8(n.6i). Servius, 427. See also Sulpicius, Servius. Sestius. See In Vatinum; Pro Sestio. Sestorius, 189. Severus, Septimius, 32. Sextius, Caius, 339L Sextius, Publius, 342L
Sheridan.
Sextus,
Cicero's
Roscius,
I2off.
defense
of,
See Cic, s. v. orations of, influence of on public opinion; Verres. Shorthand, ancient. See Cicero, secretary of.
Roscius, Titus Capito. See Roscius, Sextus. Rousseau, on "natural man," 371. Rufinus, 10.
Sicily.
See Verres.
Rufus, Caelius. See Caelius. Rufus, P. Sulpicius, 40, 84f., 2S3f., 323,
334-
of,
i68f.,
See Caesar,
S
Sabinus, 340. Sacerdos, 1 64. Saglio and Daremberg,
(n.2).
246(^3/.), 408
179(^58),
Jugurthi320,
num, 43(n.S4),
Sicinius, Cn., 346. Sihler, E. G., 5, 16, so(n.n), 55(n. 22), 58(11.31). 62, 136(^19), i4s(n.3if.), I70(n.35), 184, 205, 215(^65), 225 (n.92), 23o(n.io7), 241 (n. 22), 245, 263 (n.79), 323(n.5), 327. 365(11.24), 382, 401, 406, 45i(n.2o)ff. Silanus, 174ft., 183^, 186. Smith, Clement Lawrence, 9o(n.i2), 138, 296(n.54), 328, 402(^36), 415. Socrates, 27, 31, 52, 399; influence of, on work of Cicero, 328, 393; death of, Cicero's death compared to, 441. See 3i5Sohm, isf., 86, 97(n.3if.), 103. Sosigenes, 239. Solon, 393. Som. Scip., 3, 63L, 65L, 355, 373, 385. See also Scipio. "Somnium Scipionis," selections from, 537-539-
448.
Speusippus, 58.
INDEX
Spintharus, 379, 423.
6i5
freedman of Qu. Cic, 425. "Stoic marriages," 395. Stoicism: advance of, in centuries between Plato and Cicero, 64ff. basis of "phiethics of, 34; founder of, 2gff. losophy of the poor," 39; tribute of Renan to, 44f. Semitic spirit in, 29; ethical system of, 388; Cicero, influStatius,
; ;
;
Tribunicia potestas, 23 5L Triumvirate, second, 198, 215, 3ogff., See 440; in letters of Cicero, 4i4f. also Antonius; Lepidus; Octavius.
Tubero.
j.
See Cicero,
of, sff., 19, 32ff., 5sfL, 366f., 371, 380-88, 395. 398ff., 403ff., 443; Christianity, influence on, of, sff.; Roman law, influence on, of, 13, 26, 43f. Roman, 36ff. ; Cicero's relation to, 443f-. 395"See also Academy; under names of Stoic writers. Strabo, 33(11.36), 322. Strabo, C. Julius Caesar, 333f., 337.
'
ence on,
227(^96),
247
Suetonius, 237Cn.11), 40, 239 (n. 1517), 246; Aug. of, 8i(n.2s); Caesar of, 171(^37), i99(n.26), 263(^78), 26s(n.83), 270, 273(n.8)f., 4o8(n.2)f.; De Clar. Rhetor, of, so(n.n); De IIlustribus Grammaticis, 8i(n.26). Sulla, Faustus, 342. Sulla, L., 56, 85, 114, 272, 332, 416; abdication of, 123; Cicero's defense of, 2; constitutional legislation of, 96; defeat of Marian party by, 188, 432; dictatorship of, 86ff., n8ff., 235; forerunner of great political transition of Rome, 431; leader of senatorial party, 117; proscriptions of, 118, 169; statue of, 260. See also Marius, Roscius, S. Sulla, Publius, loan of, to Cic, 158, 195.
Sulpicius, 345, 416.
U
Ueberweg,
52.
V
Vaglieri, 273.
i92(n.n).
Varius, Qu., 84, 345. Varro, 53, 287, 354, 378f.; L. L. of, 90 (n.12), ioi(n.4i); Re Rust, of, 81
(n.25).
Vatinius, 199, 296, 34of. Velleius Paterculus, 8i(n.26), ii2(n.73), i2i(n.ioo), i45(n.3i), i8s(n.66), 201
(n.30), 399. Ventidius, 299. Vercellae, battle of, 115. Verrines. See In Verrem. Verres, trial of, 77(n.i6), 80, 132, I36ff., See also 15.6, 171, 339, 413. 436, 454Cicero, s. v. forensic career of; In
Sulpicius Rufus. See under Rufus. Sulpicius, Servius, 74(n.io), I74f., 29if., 294. See also Servius. Sunden, 121 (n. 97). Suringar, I4i(n.2j3). Symonds, 449.
Verrem.
Vestals, custodians of wills, 270L Virgil: Gcorgics of, 429; place of, in Latin culture, 449. Voconius, 342. Voigt, 26(n.io). Vqlumnius, 245f. See also Ad Familiares.
Tacitus, 139; Ann. of, 99(n.3$), 112 (n.69), i2i(n.ioi), i28f.(n.5), 209, 246(n.35), 270; Dial, of, 45o(n.i8); Hist, of, 190. Taine, 15.
Tarentino, 177(^54). Tarpeian Rock, 279. Tempest, The, 305?. Terrence, 326, 446. Terentia, wife of Cicero. s. v. wife of.
Tertia, 420. Tertulla, 277. Tertullian, creator
literature, 9.
War:
See Cicero,
of
Christian
Latin
Civil, 85, 283, 370, 431; Italian (or Social), 83ff., 115, 321L, 431; Jugurthine, Mithridatic, ii7f., 114; i6if., 173, 189. Numidian, 04; Parthian, 261, 265. See also under names of military leaders.
See Text.
X
Xenophon,
272 (n.4); Economics translation of, by Cicero, 427. Xenocles of Adramyttium, 68. Xenocrates, 58.
of,
Thapsus, battle of, 233L Theophrastus, 21 (n. 1), 53, 328, 366.
386f.,
of,
401;
30;
Fam.
Topica ad C. Trebatium, 3S2f., 407(^46). Torquatus, Lucius, 381.
Trebatius, 219, 352f. Trebonius, 17, 258, 264, 274, 296ff.
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