**, SELECT ORATIONS OF M. T. CICERO. TRANSLATED BY C, D. YONGE, NEW YORK: HARPER & BROTHERS, PUBLISHERS, PEARL STREET, FRANKLIN SQUARE. 188 3. HARPER'S W CLASSICAL LIBRARY. COMPIIISIMO LITEEAL TBANSLATI0K8 OP AR. LUST. ACE. enci;. IT US. 2 Vols. T. 2 Vols. ■:ro'S orations. ero's offices, l.elius, ato major, paradoxes, scipio's dream, letter 10 QUI NT US. 3R0 ON ORATORY AND ORATORS. PLATO (SELECT CICERO'S TU3CULAN DISPUTA- TIONS, THE NATURE OF THE GODS, AND THE COMMON- WEALTH. JUVENAL. XENOPHON. HOMER'S ILIAD. HOMER'S ODYSSEY. HERODOTUS. DEMOSTHENES. 2 Volt, THUCYDIDES. AESCHYLUS. SOPHOCLES. EURIPIDES. 2 Vols. DIALOGUES). 12mo, Clotb, $1 00 per Volume. •Ell & Bhotiiees vill tend either ortancc. The day following, when the senate met. he charged < line with having entertained this design, and Catiline's behavior beeji so violent, that the seriate passed the decree to which they had urse in times of imminent danger from treason or se- dition : '• Let I .suls take care that the republic su. 1 harm." decree invested the consuls with absolute power, ann ded he ordinary forms of la^', till the danger was over. On this Ci< ibled his guards, introduced some additional troops into tl and when the elections came on, he w^ore a breast-plate under his robe for his protection : by which precaution he prevented Catiline I executing his design of murdering him and his competitors for the con- sulship, of wmom Decius Junius Silanus and Lucius Licinius Murera re elected. rendered desperate by this his second defeat, and resolv rther delay to attempt the execution of all his schemes, greatest hopes lay in Sylla's veteran 8< Idiers, whose : ; . al- ps espoused. They ■ and colonies of Italv ; bi eniisted a considcrab',« 1 A % CKEKO.s ORATIONS. of them in Etruria, and formed them into a little army under the com- mand of Manlius, a centurion of considerable military experience, who v. as only waiting for his orders. He was joined in his conspiracy by several senators of profligate lives and desperate fortunes, of whom the chiefs were Publius Cornelius Lentulus, Caius Cethegus, Publius Au- tronius, Lucius Cassias Longinus, Marcus Porcius Lecca, Publius Syl- la, Servilius Sylla, Ouintus Curius, Lucius Vargunteius, Quintus An- nius, and Lucius Bestia. These men resolved that a general insurrec- tion should be raised throughout all Italy ; that Catiline should put himself at the head of the troops in Etruria; that Rome should be set on fire in many places at once ; and that a general massacre should be made of all the senate, and of all their enemies, of whom none were to be spared but the sons of Pompey, who were to be kept as hostages, and as a check upon their father, who was in command in the East. Lentulus was to be president of their councils, Cassius was to manage the firing of the city, and Cethegus the massacre. But, as the vigilance of Cicero was the greatest obstacle to their success, Cati- line desired to see him slain before he left Rome ; and two knights, parties to the conspiracy, undertook to visit him early on pretense of business, and to kill him in his bed. The name of one of them was Caius Cornelius. Cicero, however, had information of all the designs of the conspirators, as by the intrigues of a woman called Fulvia, the mistress of Curius, he had (rained him over, and received regularly from him an account of all their operations. He sent for some of the chief men of the city, and informed them of the plot against himself, and even of the names of the knights who were to come to his house, and of the hour at which they were to come. When they did come they found the house carefully guarded and all admission refused to them. He was enabled also to disappoint an attempt made by Catiline to seize on the town of Prameste, which was a very strong fortress, and would have been of great use to him. The meeting of the conspirators had taken pla.c? on the evening of the sixth of November. On the eighth Cicero sum- moned the senate to meet in the temple of Jupiter in the Capitol, a place which was only used lor this purpose on occasions of great dan- ger. (There had been previously several debates on the subject of Catiline's treasons and design of murdering Cicero, and a public »• ward had actually been offered to the first discoverer of the plot. But Catiline had nevertheless continued to dissemble ; had offered to give security for his behavior, and to deliver himself to the custody of any one whom the senate chose to name, even to that of Cicero himself) Catiline had the boldness to .attend this meeting, and all the senate* even his own most particular acquaintance, were so astonished at his impudence that none of them would salute him ; the consular senators quitted that part of the house in which he sat, and left the bench emp- ty; and ( 'icero himself was so provoked at his audacity, that, instead of entering on any formal business, lie addressed himself directlj to Catili: e in the following invective I. When, Catiline, i moan to >■ abusing our patience 1 ! I low long is thai madness of yours Mill to mock ii .' When i.- thi :«■ to be an on iat unbridled aud i. agai:> : .. m agojering about as it does now? Do not 'ighty atine Hill — do not the watches posted ihe city — does no larm of the people, and • union of all good men — does not the precaution taken of ^nbling the senate in this moa nsible place — do not the >ks and countenances of thre 1 venerable body here present, have any effect upon you? Do you not feel that your plans detected ! Do you not see that your conspiracy is already arrested and rendered powerless by the knowledge which one here po What is there that you did what the nieht before — where is it that vou were — who that you summoned to meet you — what design was which was adopted by you, with which you think ti of us is unacquainted ? Shame on the age and c; principles! The senate are of these things ; the consul sees them ; and yet this .11 lives. lives ! ay, he com. n into the senate. He a part in the public deliberations ; he is watching and marking down and checking off for sla r every inch vidua! And we, gallant men I e are, think that we doing our duty to the republic if we keep out of the way of his phren-ied attacks. You ought, O ( atiline. long ago to have been led to execu- tion by command of the consul. That desl n which you e been long plotting against us ought to have already fali- €i^ on ; i •: oy v- 1. ad. Did not th; t illustrious man, Pul the Pontife> imus, in his capacity of a private citizon, , ith Tiberius Gracchus, though but slightly undermining Destitution? And shall we, who are the consuls, tolerate .ie, opeidy desirous to destroy the whole world with I and sli For I pass over oMer instances, such how ( hala with his own hand slew Spur lotting duiion in the state. There was — ich virtue in this republic, that brave m ievous citizens with severer chastisenu in the most bitter enemy. For we have a resolution 2 of ; This was Scioto Nasica, who called on the consul Mucius Scsevo! id save the republic; but as he refused to put . lout a trial, Scipi. on all the citizens to follow hi:, which has bad occup "h* his par I slew many of the partisans of Gracchus, and Gracchus him- ->n was couched in the form " Videant Consules ne- 4 CICERO'S ORATlU.Ns the senate, a formidable and authoritative decree against you, O Catiline ; the "u isdom of the republic is not at fault, nor I dignity of this senatorial body. We, we alone — I say it ope — we, the consuls, are wanting in our duty. II. The senate once passed a decree that Lucius Opimi , . . the consul, should take care that the republic suffered no injury. Not one night elapsed. There was put to death, on so mere suspicion of disaffection, Caius Gracchus, a man wb family had borne the most unblemished reputation for many generations. There was slain Marcus Fulvius, a man of con- sular rank, and all his children. By a like decree of the sen- ate the safety of the republic was intrusted to Caius Marius 1 and Lucius Valerius, the consuls. Did not the vengeance of the republic, did not execution overtake Lucius Saturninus, a tribune of the people, and Caius Servilius, the praetor, jarithflnt the delay of one single day? But we, for4hese twenty day , have been allowing the edge of the senate's authority to grow blunt, as it were. For we are in possession of a similar de- cree of the senate, but we keep it locked up in its parchment " — buried, I may say, in the sheath ; and according to this de- cree you ought, O Catiline, to be put to death tin- instant. You live — and you live, not to lay aside, but to persist in your audacity. I wish, O conscript fathers, to be merciful ; I wish noi appear negligent amid such danger to the state ; but I do now accuse myself of remissness and culpable inactivity. A camp is pitched in Italy, at the entrance of Etmria, in hostility to the republic; the number of the enemy increases every day; and yet the general of that camp, the leader of those enemies, we see within the walls — ay, and even in the senate — plan- ning every day some internal injury to the republic*. If. O Catiline, I should now order you to be arrested, to be put to death, I should, T suppose, have to fear lest all good nun should . that I had acted tardily, rather than that any one should affirm that I acted cruelly. But yet this, which ought to have been done long since, I have good reason for not doing as yet ; I will put you to death, then, when there shall be noi publica detriment] capiat :" ami it exempted the consuls from all ob- ligation to attend to the ordinary forme of law, and invested ihem with absolute power over the lives of all the citizens who were intrigurnj against the republic. 1 This is the same incidi nt that ia the subject of the preceding ova in defense of Rabirius 1. AGAINST TILINE. one person possible to be found so wicked, so abandoned, like your is not to allow that it has been rightly done. As long as one person exists who can id you, you shall live; but you shall live >u do now, surrounded by many and trusty guards, so that you shall not be able to stir one fing ublic : man t and * still ol b you, as they I dtherto d you shall not perceive th< III. For what is there, O Catiline, that you can still exp if night is not able to veil your nefarious meetings in dark- ss, and if private houses can not conceal the voice of your conspiracy within their walls — if every thing is seen and A they are not influenced by it. I know to whom Apulia has been allotted, who has Etru- ria, who the Picenian territory, who the Gallic district, who has. begged for himself the office of spreading fire and sword by night through the city. They know that all the plans the preceding night are brought to me. I laid th before the senate yesterday. Catiline himself was alarmed, fled. Why do these men wait 1 ? :ily, they are greatly taken if they think that former lenity of mine will last .forever. IV. 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 republic ; unless, iiw there be any one who thinks that those who are like Catiline do not h Catiline. There is not any longer room for lenii the business itself demands severity. One thing, even now. will graat — let them depart, let them begone. Let th »«* IS CICERO'S ORATIONS. not suffer the unhappy Catiline to pine away for want of them. I will tell them the road. He went by the Auredan road. If they make haste, they will catch him by iho evening. O happy republic, if it can cast forth these dregs oi' the republic! Even now, when Catiline alone is got rid of, the republic Beema to me relieved and refreshed; for what e\ il or wickedness can be devised or imagined which he did not conceive \ What prisoner, what gladiator, what thief, what sassin, what parricide, what forger of wills, what cheat, what debauchee, what spendthrift, what adulterer, what abandoned woman, what corrupter of youth, what profli- gate, what scoundrel can be found in all Italy, who does not avow that he has been on terms of intimacy with Catiline ? What murder has been committed for years without him % What nefarious act of infamy that has not been done by him . ; But in what other man were there ever so many allurements for youth as in him, who both indulged in infamous love for others, and encouraged their infamous affections for himself, promising to some enjoyment of their lust, to others the death of their parents, and not only instigating them to iniquity, but even assisting them in it. But now, how suddenly had he collected, not only out of the city, but even out of the country, a number of abandoned men ? No one, not only at Rome, but in every corner of Italy, was overwhelmed with debt whom he did not enlist in this incredible association of wickedness. V. And, that you may understand the diversity of his pur- suits, and the variety of his designs, there was no one in any school of gladiators, at all inclined to audacity, who does not avow himself to be an intimate friend of Catiline — no one on the stage, at all of a fickle and worthless disposition, who does not profess himself his companion. And he, trained in the practice of insult and wickedness, in enduring cold, and hun- ger, and thirst, and watching, was called a brave man by those fellows, while all the appliances of industry and instruments of virtue were devoted to lust and atrocity. But if his companions follow him — if the infamous herd of operate men depart from the city, O happy shall we be. for- tunate will be the republic, illustrious Avill lie the renown of my consulship. For theirs is no ordinary insolence — no com- mon and endurable audacity. They think of nothing but II. AGAINST L. CATILINE. lU slaughter, conflagration, and rapine. They hav ipated their patrimonies, they have squandered their fortunes. Mon- ey has long failed them, and now credit begins to fail; but I same desir- 8 remain which they had in their I ance. But if in their drinking and gambling were content with feasts and harlots, they would bo in a hopc- s state indeed ; but yet they might be endured. But who can bear this — that indolent men should plot against I bravest ; drunkards against the sober ; men asleep against men awake ; men lying at feasts, embracing abandoned women, lan- guid with wine, crammed with food, crowned with chapl reeking with ointments, worn out with lust, belch out in their discourse the murder of all good men, and the. conflagration of the city ? But I am confident that some fate is hanging over these men ; and that the punishment long since due to their iniquity, and worthies- and wickedness, and lust, is either visibly at hand or at least rapidly approaching. And if my consulship shall have removed, since it can not cure them, it will have added, not some brief span, but many ages of existence to the republic. For there is no nation for us to fear — no king who can make war on the Roman people. All foreign affairs tranquilked, both by land and sea, by the valor of one man. Domestic war alone remains. The only plots against us within our own walls — the danger is within — the enemy is within. We must war with luxury, with madness, with wit edness. For this war, O citizens, I offer myself as the g> eral. I take on myself the enmity of profligate men. What can be cured, I will cure, by whatever means it may be possi- ble. What must be cut away. I will not suffer to S] . 1 . the ruin of the republic. Let them depart, or let them stay quiet ; or if they remain in the city and in the same disp< tion as at present, let them expect what they deserve. VI. But there are men, O Romans, who say that Catili J^has been driven by me into banishment. But if I con so by a word, I would drive but those also who say so. Fc sooth, that timid, that excessively bashful man coi the voice of the consul: as soon as he was ordered to go h banishment, he obeyed, he was quiet. Yesterday, been all but murdered at my own house, I coin senate in the temple of Jupiter Stator ; I related th affair to the conscript fathers; and when 20 CICERO'S ORATIONS. thither, -what senator addressed him ? who saluted him ? whG looked upon him not so mueh even as an abandoned citizen, as an implacable enemy ? Nay the chiefs of that body left that part of the benches to which he came naked and empty. On this I, that violent consul, who drive citizens into exile by a word, asked of Catiline whether he had been at the noc- turnal meeting at Marcus Lecca's, or not; when that most audacious man, convicted by his own conscience, was at first silent. I related all the other circumstances ; I described what he had done that night, where he had been, what he had ar- ranged for the next night, how the plan of the whole war had 1-eer laid down by him. When he hesitated, when he was convicted, I asked why he hesitated to go whither he had been long preparing to go ; when I knew that arms, that the axes, the fasces, and trumpets, and military standards, and that sil- ver eagle to which he had made a shrine in his own house, had been sent on, did I drive him into exile who I knew had al- ready entered upon war? I suppose Manlius, that centurion who has pitched his camp in the F&sulan district, has pro- claimed war against the Roman people in his own name ; and that camp is not now waiting for Catiline as its general, and -he, driven forsooth into exile, will go to Marseilles, as they say, and not to that camp. VH. O the hard lot of those, not only of those who govern, but even of those who save the republic. Now, if Lucius Catiline, hemmed in and rendered powerless by my cow - ••!-. by my toils, by my dangers, should on a sudden become alarmed, should change his designs, should desert his friends, Lould abandon his design of making war, should change his mai what classes of men those forces are made uj . I can, I will apply to each the medicine of my suasion. There is one class of them, who, with enormr-u- still greater possessions, and wdio can by no mean tached from their aifection to them. Of thee- iiei th< i pearance is most respectable, for they are wealthy, but their intention and their cause are most shameless. be rich in lands, in houses, in money in slaves, ir yet hesitafe ■ is to a What ' AVI. tat ion will b 22 CICERO'S ORATIONS. They are mistaken who expect that from Catiline. There may be schedules made out. owing to my exertions, but they will be only catalogues of sale. Nor can those who have pos- sessions be sale by any other means ; and if they had been will- ing to adopt this plan earlier, and not, as is very foolish, to struggle on against usury with the profits of their forms, we should have them now richer and better citizens. But I think these men are the least of all to be dreaded, because they can either be persuaded to abandon their opinions, or if they cling to them, they seem to me more likely to form wishes against the republic than to bear arms against it. IX. There is another class of them, who, although they are harassed by debt, yet are expecting supreme power ; they wish to become masters. They think that when the republic is in confusion they may gain those honors which they despair of when it is in tranquillity. And they must, I think, be told the same as every one else — to despair of obtaining what they are aiming at ; that in the first place, I myself am watchful for, am present to, am providing for the republic. Besides that, there is a high spirit in the virtuous citizens, great una- nimity, great numbers, and also a large body of troops. Above all that, the immortal gods will stand by and bring aid to this invincible nation, this most illustrious empire, this most beau- tiful city, against such wicked violence. And if they had al- ready got that which they with the greatest madness wish for, do they think that in the ashes of the city and blood of the citizens, which in their wicked and infamous hearts they desire, they will become consuls and dictators, and even kings'? Do they not see that they are wishing for that which, if they were to obtain it, must be given up to some fugitive slave, or to some gladiator ? There is a third class, already touched by age, but still vigorous from constant exercise; of which class is Manlius himself, whom Catiline is now succeeding. These are men of those colonics which Sylla established at Fs&sulae, which I know to be composed, on the whole, of excellent citizens and brave men; hut yet these are colonists, who, from becoming possessed of unexpected and sudden wealth, boast them- selves extravagantly and insolently; these men, while they build like rich men. while thev delight in farms, in litters, in vast families of slaves, in luxurious banquets, have in- curred such great debts, that, if they would bs ■■•'■ '- ti II. AGAINST L. CATILINE. 23 must raise Sylla from the dead ; and they have even excited some countrymen, poor and needy men, to en tertain, the. same. hopes-of-p lunder ~ aa tlY emselves. /And all these men, O Ko mans, I place in the same class of robbers and banditti. But, I warn them, let them cease to be mad, and to think of pro- scriptions and dictatorships; for such a horror of these times is ingrained into the city, that not even men, but it seems to me that even the jvery cattle woul d refuse to bear them again V X. Therels a fourth class, various, promiscuous, and tur- bulent ; who indeed are now overwhelmed ; who will never recover themselves ; who, partly from indolence, partly from managing their affairs badly, partly from extravagance, are embarrassed by old debts ; and worn out with bail-bonds, and judgments, and seizures of their goods, are said to be betaking themselves in numbers to that camp both from the city and the country. These men I think not so much active soldiers as lazy insolvents ; who, if they can not stand at first, may fall, but fall so, that not only the city but even their nearest neigh- bors know nothing of it. For I do not understand why, if they can not live with honor, they should wish to die shame- fully ; or why they think they shall perish with less pain in a crowd, than if they perish by themselvej^ There is a fifth 'class, of parricides, afe?sinsjb short of all infamous- characters, whom I do not wis^HHpll trom Cati- line, and indeed they can not be separaM^Km him. Let them perish in their' wicked war, since they are so numerous that a prison can not contain them. There is a last class, last not only in number but in the sort of men and in their way of life ; the especial body-guard of Catiline, of his levying ; ay, the friends of his embraces and of his bosom; whom you see with carefully combed hair, glossy, beardless, or with well-trimmed beards ; with tunics with' sleeves, or reaching to the ankles ; clothed with \eils, not with robes ; all the industry of whose life, all the labor of whose watchfulness, is expended in suppers lasting till day- break. se ban . H gaml ■ 24 CICERO'S ORATIONS. they die, even should Catiline die, I warn you that the school of Catiline would exist in the republic. But what do those wretches want? Are they going to take their wives with them to the camp? How can they do without them, espe- cially in these nights? and how will they endure the Apen- nines, and these frosts, and this snow ? unless they think that they will bear the winter more easily because they have been in the habit of dancing naked at their feasts. O war much to be dreaded, when Catiline is going to have his body-guard of prostitutes ! XI. Array now, O Romans, against these splendid troops of Catiline, your guards and your armies ; and first of all op- pose to that worn-out and wounded gladiator your consuls and generals ; then against that banished and enfeebled troop of ruined men lead out the flower and strength of all Italy : instantly the cities of the colonies and municipalities will match the rustic mounds of Catiline ; and I will not conde- scend to compare the rest of your troops and equipments and guards with the want and destitution of that highwayman. But if, omitting all these things in which we are rich and of which he is destitute — the senate, the Roman knights, the people, the city, the treasury, the revenues, all Italy, all the provinces, ior^j^yfions — if, I say, omitting all these things, we choose to ht. You i crime nasbeen made ' n to you; if you tlii at but few are implicated it you are greatly mistaken ; this evil has spread wider than you think; it has spread not only throughout Italy, but it 44 CICERO'S ORATIONS. has even crossed the Alps, and creeping stealthily on, it has already occupied many of the provinces ; it can by no means be crushed by tolerating it, and by temporizing with it ; how- ever you determine on chastising it, you must act with prompt- itude. IV. I see that as yet there are two opinions. One that of Decius Silanus, who thinks that those who have endeavored to destroy all these things should be punished with death ; the other, that of Caius Csesar, who objects to the punish- ment of death, but adopts the most extreme severity of all other punishment. Each acts in a manner suitable to his own dignity and to the magnitude of the business with the greatest severity. The one thinks that it is not right that those, who have attempted to deprive all of us and the whole Roman people of life, to destroy the empire, to extinguish the name of the Roman people, should enjoy life and the breath of heaven common to us all, for one moment ; and he re- members that this sort of punishment has often been employed against worthless citizens in this republic. The other feels that death was not appointed by the immortal gods for the sake of punishment, but that it is either a necessity of nature, or a rest from toils and miseries; therefore wise men have never met it unwillingly, brave men have often encountered it even voluntarily. But imprisonment, and that too per- petual, was certainly invented for the extraordinary punish- ment of nefarious wickedness ; therefore he proposes that they should be distributed among the municipal towns. This proposition seems to have in it injustice if you command it, difficulty if you request it ; however, let it be so decreed if you like. For I will undertake, and, as I hope, I shall find one who will not think it suitable to his dignity to refuse what you de- cide on for the sake of the universal safety. He imposes be- sides a severe punishment on the burgesses of the municipal town if any of the prisoners escape ; he surrounds them with the most terrible guard, and with every thing worthy of the wickedness of abandoned men. And he proposes to establish a decree that no one shall be able to alleviate the punishment of those whom he is condemning by a vote of either the senate or the people. He takes away even hope, which alone can comfort men in their miseries; besides this, he votes that their goods should be coniiscated ; he leaves liie alone to these in- IV. AGAINST L. CATILINE. 45 famous men, and if he had taken that away, he would have relieved them by one pang of many tortures of mind and body, and of all the punishment of their crimes. Therefore, that there might be some dread in life to the wicked, men of old have believed that there were some punishments of that sort appointed for the wicked in the shades below ; because in truth they perceived that if this were taken away death itself would not be terrible. V. Now, O conscript fathers, I see what is my interest ; if you follow the opinion of Caius Caesar (since he has adopted this path in the republic which is accounted the popular one), perhaps since he is the author and promoter of this opinion, the popular violence will be less to be dreaded by me ; if you adojit the other opinion, I Know not whether I am not likely to have more trouble ; but still let the advantage of the republic outweigh the consideration of my danger. For we have from Caius Csesar, as his own dignity and as the illus- trious character of his ancestors demanded, a vote as a hostage of his lasting good-will to the republic ; it has been clearly seen how great is the difference between the lenity of dema- gogues, and a disposition really attached to the interests of the people. I see that of those men who wish to be con- sidered attached to the people one man is absent, that they may not seem forsooth to give" a vote about the lives of Roman citizens. He only three days ago gave Roman citizens into custody, and decreed me a supplication, and voted most magnificent rewards to the witnesses only yesterday. It is not now doubtful to any one what he, who voted for the im- prisonment of the criminals, congratulation to him who had detected them, and rewards to those who had proved the crime, thinks of the whole matter, and of the cause. But Caius Ceesar considers that the Sempronian 1 law was passed about Roman citizens, but that he who is an enemy of the republic can by no means be a citizen ; and moreover that the very proposer of the Sempronian law suffered punishment by the command of the people. He also denies that Lentulus, a briber and a spendthrift, after he has formed such cruel and 1 The Sempronian law was proposed by Caius Gracchus, b.c. 123, and enacted that the people only should decide respecting the life or civil condition of a citizen. It is alluded to also in the oration Pro Rabir. c. 4, where Cicero says, " Caius Gracchus passed a law that no decision should be come to about the life of a Roman citizen without your com- mand," speaking to the Quirites. 46 CICERO'S ORATIONS bitter plans about the destruction of the Eoman people, and the ruin of this city, can be called a friend of the people. Therefore this most gentle and merciful man does not hesitate to commit P ublius Lentulus to eternal darkness and imprison- ment, and establishes a law to all posterity that no one shall be able to boast of alleviating his punishment, or hereafter .to appear a friend of the people to the destruction of the Roman people. He adds also the confiscation of their goods, so that want also and beggary may bemadded to all the torments of mind and body. VI. Wherefore, if you decide on this you give me a com- panion in my address, dear and acceptable to the Romj'n peo- ple ; or if you prefer to adopt the opinion of Silanus, you will easily defend me and yourselves from the reproach of cruelty, and I will prevail that it shall be much lighter. Although, O conscript fathers, what cruelty can there be in chastising the enormity of such excessive wickedness? For I decide from my own feeling. For so may I be allowed to enjoy the republic in safety in your company, as I am not moved to be somewhat vehement in this cause by any severity of disposi- tion (for who is more merciful than I am ?), but rather by a singular humanity and mercifulness. For I seem to myself to see this city, the light of the world, and the citadel of all na- tions, falling on a sudden by one conflagration. I see in my mind's eye miserable and unburied heaps of cities in my buried country ; the sight of Cethegus and his madness raging amid your slaughter is ever present to my sight. But when I have set before myself Lentulus reigning, as he himself confesses that he had hoped was his destiny, and this Gabinius arr. yed in the purple, and Catiline arrive'd with his army, then I shud- der at the lamentation of matrons, and the flight of virgins and of boys, and the insults of the vestal virgins ; and because these things appear to me exceedingly miserable and pitiable, there- fore 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 burned, 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 hard-hearted who did not soothe his own pain and anguish by the pain and tor- ture of the criminal. And so we, in the case of these men IV. AGAINST L. CATILINE. 4? who desired to murder us, and our wives, and our children — who endeavored to destroy the houses of every individual among us, and also the republic, the home of all — who de- signed to place the nation of the Allobroges on the relics 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 b e lax, we must endure the character of the greatest cruelty, to the damage of our country and our fellow- citizens. Unless, indeed, Lucius 1 Caesar, a thoroughly brave man, and of the best disposition toward the republic, seemed to any one to be^too cruel three days ago, when he said that the husband of his own sister, a most excellent woman (in his presence and in his hearing), ought to be deprived of life — when he said that his grandfather had been put to death by command of the consul, and his youthful son, sent as an embassador by his father, had been put to death in prison. And what deed had they done like these men % had they formed any plan for destroying the republic? At that time great corruption was rife in the republic, and there was the greatest strife between parties. And, at that time, the grandfather of this Lentulus, a most illustrious man, put on his armor and pursued Grac- chus ; he even received a severe wound that there might be no diminution of the great dignity of the republic. But this man, his grandson, invited the Gauls to overthrow the foundations of the republic ; he stirred up the slaves, he summoned Cati- line, he distributed us to Cethegus to be massacred, and the rest of the citizens to Gabinius to be assassinated, the city he aHotted to Cassius to burn, and the plundering and devasta- ting of all Italy he assigned to Catiline. You fear, I think, lest in the case of such unheard-of and abominable wickedness you should seem to decide any thing with too great severity ; when we ought much more to fear lest by being remiss in punishing we should appear cruel to our country, rather than appear by the severity of our irritation too rigorous to its most bitter enemies. VH. But, O conscript fathers, I can not conceal what I 1 The brother-in-law of Lucius Caesar was Marcus Fulvius, whose death, at the command of Opimius the consul, is referred to in the 2d cap. 1st Cat. He sent his son to the consul to treat for his surrender, whom Opimius sent back the first time, and forbade to return to himj when he did return, he put him to death. 48 CICERO'S ORATIONS. hear ; for sayings are bruited about, which come to my ears, of those men who seem to fear that I may not have force enough to put in execution the things which you determine on this day. Every thing is provided for, and prepared, and arranged, O conscript fathers, both by my exceeding care and diligence, and also by the still greater zeal of the Roman peo- ple for the retaining of their supreme dominion, and for the preserving of the fortunes of all. All men of all ranks are. present, and of all ages ; the forum is full, the temples around the forum are full, all the approaches to this place and to this temple are full. For this is the only cause that has ever been known since the first foundation of the city, in which all men were of one and the same opinion — except those, who, as they saw they must be ruined, preferred to perish in company with all the world rather than by themselves. These men I except, and I willingly set them apart from the rest; for I do not think -that they should be classed in the number of worthless citizens, but in that of the most bitter enemies. But, as for the rest ; O ye immortal gods ! in what crowds, with what zeal, with what virtue do they agree in de- fense of the common dignity and safety. Why should I here speak of the Roman knights'? who yield to you the supremacy in rank and wisdom, in order to vie with you in love for the republic — whom this day and this cause now reunite with you in alliance and unanimity with your body, reconciled after a disagreement of many years. And if we can preserve forever in the republic this union now established in my consulship, I pledge myself to you that no civil and domestic calamity can hereafter reach any part of the republic. I see that the trib- unes of the treasury — excellent men — have united with similar zeal in defense of the republic, and all the notaries. 1 For as this day had by chance brought them in crowds to the treasury, I see that they were diverted from an anxiety for the money due to them, from an expectation of their capital, to a regard for the common safety. The entire multitude of honest men, even the poorest, is present ; for who is there to whom these temples, the sight of the city, the possession of liberty — in short, 1 The notaries at Rome were in the pay of the state ; they were chiefly employed in making up the public accounts. In the time of Cicero it seems to have been lawful for any one to obtain the office of scriba by purchase (see Cic. in Verr. ii. 79), and freedmen and their sons frequent- ly availed themselves of this privilege. IV. AGAINST L. CATILINE. 49 this light and this soil of his, common to us all, is not both dear and pleasant and delightful ? VIII. It is worth while, O conscript fathers, to know the inclinations of the freedmen ; who, having by their good for- tune obtained the rights of citizens, consider this to be really their country, which some who have been born here, and born in the highest rank, have considered to be not their own coun- try, but a city of enemies. But why should I speak of men of this body whom their private fortunes, whom their common republic, whom, in short, that liberty which is most delightful has called forth to defend the safety of their country ! There is no slave who is only in an endurable condition of slavery who does not shudder at the audacity of citizens, who does not desire that these things may stand, who does not contribute all the good-will that he can, and all that he dares, to the com- mon safety. "Wherefore, if this consideration moves any one, that it has been heard that some tool of Lentulus is running about the shops — is hoping that the minds of some poor and ignorant men may be corrupted by bribery ; that, indeed, has been attempted and begun, but no one has been found either so wretched in their fortune or so abandoned in their inclination as not to wish the place of their seat and work and daily gain, their chamber and their bed, and, in short, the tranquil course or their lives, to be still preserved to them. And far the greater part of those who are in the shops — ay, indeed (for that is the more correct way of speaking), the whole of this class is of all the most attached to tranquillity; their whole stock, forsooth, their whole employment and livelihood, exists by the peaceful intercourse of the citizens, and is wholly sup- ported by peace. And if their gains are diminished whenever their shops are shut, what will they be when thej are burned ? And, as this is the case, O conscript fathers, the protection of the Roman people is not wanting to you ; do you take care that you do not seem to be wanting to the Roman people. IX. You have a consul preserved out of many dangers and plots, and from death itself, not for his own life, but for your safety. All ranks agree for the preservation of the republic with heart and will, with zeal, with virtue, with their voice. Your common country, besieged by the hands and weapons of an impious conspiracy, stretches forth her hands to you as a suppliant ; to you she recommends herself, to you she recom- C 50 CICERO'S ORATIONS. mends the lives of all the citizens, and the citadel, and the Capitol, and the altars of the household gods, and the eternal unextinguishable fire of Vesta, and' all the temples of all the gods, and the altars and the walls and the houses of the city. Moreover, your own lives, those of your wives and children, the fortunes of all men, your homes, your hearths, are this day interested in your decision. You have a leader mindful of you, forgetful of himself — an opportunity which is not always given to men ; you have all ranks, all individuals, the whole Koman people (a thing which in civil transactions we see this day for the first time), full of one and the same feeling. Think with what great labor this our dominion was founded, by what virtue this our liberty was established, by what kind favor of the gods our fortunes were aggrandized and ennobled, and how nearly one night destroyed them all. That this may never hereafter be able not only to be done, but not even to be thought of, you must this day take care. And I have spoken thus, not in order to stir you up who almost outrun me myself, but that my voice, which ought to be the chief voice in the republic, may appear to have ful- filled the duty which belongs to me as consul. X. Now, before I return to the decision, I will say a few words concerning myself.. As numerous as is the band of conspirators — and you see that it is very great — so numerous a multitude of enemies do I see that I have brought upon my- self. But I consider them base and powerless and despicable and abject. But if at any time that band shall be excited by the wickedness and madness of any one, and shall show itself more powerful than your dignity and that of the republic, yet, O conscript fathers, I shall never repent of my actions and of my advice. Death, indeed, which they perhaps threaten me with, is prepared for all men ; such glory during life as you have honored me with by your decrees no one has ever at- tained to. For you have passed votes of congratulation to others for having governed the republic successfully, but to me alone for having saved it. Let Scipio be thought illustrious, he by whose wisdom and valor Hannibal was compelled to return into Africa, and to depart from Italy. Let the second Africanus be extolled with conspicuous praise, who destroyed two cities most hostile to this empire, Carthage and Numantia. Let Lucius Paullus be thought a great man, he whose triumphal car was graced by IV. AGAINST L. CATILINE. 51 Perses, previously a most powerful and noble monarch. Let Marius be held in eternal honor, who twice delivered Italy from siege, and from the fear of slavery. Let Pompey be pre- ferred to them all — Pompey, whose exploits and whose virtues we bounded by the same districts and limits as the course of the sun. There will be, forsooth, among the praises of these men, some room for my glory, unless haply it be a greater deed to open to us provinces whither we may fly, than to take care that those who are at a distance may, when conquerors, have a home to return to. Although in one point the circumstances of foreign triumph are better than those of domestic victory ; because foreign en- emies, either if they be crushed become one's servants, or if they be received into the state, think themselves bound to us by obligation ; but those of the number of citizens who be- come depraved by madness and once begin to be enemies to their country — those men, when you have defeated their at- tempts to injure the republic, you can neither restrain by force nor conciliate by kindness. So that I see that an eternal war with all wicked citizens has "been undertaken by me ; which, however, f_ am ronfid tmt can -easily be driven back from me and mine by your aid, and by that of all good men, and by the memory of such great dangers, which will remain, not only among this people which has been saved, but in the discourse and minds of all nations forever. Nor, in truth, can any power be found which will be able to undermine and destroy your union with the Boman knights, and such unanimity as exists among all good men. XI. As, then, this is the case, O conscript fathers, instead of my military command — instead of the army — instead of the province 1 which I have neglected, and the other badges of honor which have been rejected by me for the sake of protecting the city and your safety — in place of the ties of clientship and hospitality' with citizens in the provinces, which, however, by my influence in the city, I study to pre- serve with as much toil as I labor to acquire them — in place of all these things, and in reward for my singular zeal 1 Cicero, in order to tempt Antonius to aid him in counteracting the treasonable design af Catiline, had given up to him the province of Mac- edonia, which had fallen to his own lot ; and having accepted that of Cisalpine Gaul in exchange for it. he gave that also to Quintus Metellus ; being resolved to receive no emolument, directly or indirectly, from his consulship. 52 CICERO'S ORATIONS. in your behalf, and for this diligence in saving the republic which you behold, I ask nothing of you but the recollection of this time and of my whole consulship. And as long as that is fixed in your minds, I shall think I am fenced round by the strongest wall. But if the violence of wicked men shall de- ceive and overpower my expectations, I recommend to you my little son, to whom, in truth, it will be protection enough, not only for his safety, but even for his dignity, if you recollect that he is the son of him who has saved all these things at his ©wn single risk. Wherefore, O conscript fathers, determine with care, as you have begun, and boldly, concerning your own safety, and that of the Roman people, and concerning your wives and chil- dren ; concerning your altars and your hearths, your shrines and temples ; concerning the houses and homes of the whole city; concerning your dominion, your liberty, and the safety of Italy and the whole republic. For you have a consul who will not hesitate to obey your decrees, and who will be able, as long as he lives, to defend what you decide on, and of his own power to execute it. 1 1 This speech was spoken, and the criminals executed, on the fifth of December. But Catiline was not yet entirely overcome. He had with him in Etruria two legions — about twelve thousand men ; of which, how- ever, not above one quarter were regularly armed. For some time by marches and countermarches he eluded Antonius, but when the news reached his army of the fate of the rest of the conspirators, it began to desert him in great numbers. He attempted to escape into Gaul, but found himself intercepted by Metellus, who had been sent thither by Cic- ero with three legions. Antonius is supposed not to have been disin* clined to connive at his escape, if he had not been compelled as it were by his qusestor Sextus and his lieutenant Petreius to force him to a bat- tle, in which, however, Antonius himself, being ill of the gout, did not take the command, which devolved on Petreius, who after a severe action destroyed Catiline and his whole army, of which every man is said to have been slain in the battle. FOR L. MURENA. 53 THE ORATION OF M. T. CICERO IN DEFENSE OF L. MURE- NA, PROSECUTED FOR BRIBERY. THE ARGUMENT. Lucius Murena was one of the consuls elect ; the other being Silanus, the brother-in-law of Cato. Cato, however, instigated Sulpicius, one of the most eminent lawyers in Rome, and a defeated competitor for the consulship, to prosecute Murena for bribery, under the new law passed by Cicero (mentioned in the argument to the first oration against Catiline), though he brought no charge against Silanus, who was as guilty as Murena, if there was any guilt at all. Murena had served as lieutenant to Lucullus in the Mithridatic war. Murena was defended by Crassus, Hortensius, and Cicero. We have neither of the speeches of his other advocates ; and even the speech of Cicero is not in a per- fect state. Murena was unanimously acquitted, partly perhaps from consideration of the argument which Cicero dwelt upon very earnest- ly, of what great importance it was, at such a perilous time (for this oration was spoken in the interval between the flight of Catiline to the camp of Manlius, and the final detection and condemnation of the con- spirators who remained behind), to have a consul of tried bravery and military experience. It is remarkable that Sulpicius, the prosecutor, was a most intimate friend of Cicero, who had exerted all his influence to procure his election in this very contest for the consulship ; and so also was Cato ; nor did the opposition which Cicero made to them in this case cause any interruption to their intimacy, and we shall find, in the Philippics, Cicero exerting himself to procure public funeral hon- ors for Sulpicius. I. What I entreated of the immortal gods, O judges, ac- cording to the manners and institutions of our ancestors, op. that day when, after taking the auspices in the comitia cen- turiata, 1 I declared Lucius Murena to have been elected con- sul — namely, that that fact might turn out gloriously and hap- pily for me and for my office, and for the Roman nation and people — that same thing do I now pray for from the same 1 The comitia centuriata, or as they were sometimes called majora, were the assembly in which the people gave their votes according to the classification instituted by Servius Tullius ; they were held in the Cam- pus Martius without the city, and in reference to thei* - military organiza- tion they were summoned by the sound of the horn, not by the voice of the lictor. All magistrates were elected in these comitia. 54 CICERO'S ORATIONS. immortal gods, that the consulship may be obtained by that same man with safety, and that your inclinations and opinions may agree with the wishes and suffrages of the Roman peo- ple, and that that fact may bring to you and to the Roman people peace, tranquillity, ease, and unanimity. And if that solemn prayer of the comitia, consecrated under the auspices of the consul, has as much power and holy influence as the dignity of the republic requires, I pray also that the matter may turn out happily, fortunately, and prosperously to those men to whom the consulship was given when I presided over the election. And as this is the case, O judges, and as all the power of the immortal gods is either transferred to, or at all events is shared with you, the same consul recommends him now to your good faith who before recommended him to the immortal gods ; so that he being both declared consul and being defend- ed by the voice of the same man, may uphold the kindness of the Roman people to your safety and that of all the citizens. And since in this duty which I have undertaken the zeal of my defense has been found fault with by the accusers, and even the very fact of my having undertaken the cause at all, before I begin to say any thing of Lucius Murena, I will say a few words on behalf of myself; not because at this time the defense of my duty seems to me more important than that of his safety, but in order that, when what I have done is ap- proved of by you, I may be able with the greater authority to repel the attacks of his enemies upon his honor, his reputation, and all his fortunes. II. And first of all I will answer Marcus Cato, a man who directs his life by a certain rule and system, and who most carefully weighs the motives of every duty, about my own duty. Cato says it is not right, that I who have been consul and the very passer 1 of the law of bribery and corruption, and who behaved so rigorously in my own consulship, should take up the cause of Lucius Murena ; and his reproach has great weight with me, and makes me desirous to make not only you, 1 There had been several previous laws against bribery and corruption (de amhitv). The Lex Aciiia, passed b.c. 67, imposed a fine on the of- fending party, with exclusion from the senate, and from all public offices. The Lex Ttulia, passed in Cicero's consulship, added banishment for ten years ; and, among other restrictions, forbade any one to exhibit gladia- tors within two years of his being a candidate, unless he was required to do bo on a fixed day by a testator's will. FOR L. MURENA. 55 judges, whom I am especially bound to satisfy, but also Cato himself, a most worthy and upright man, approve the reasons of my action. By whom then, O Marcus Cato, is it more just that a consul should be defended than by a consul ? Who can there be, who ought there to be, dearer to me in the republic, than he to whom the republic which has been sup- ported by my great labors and dangers is delivered by me alone to be supported for the future? For if, in the demanding back things which may be alienated, he ought to incur the hazard of the trial who has bound himself by a legal obliga- tion, surely still more rightly in the trial of a consul elect, that consul who has declared him consul ought most especially to be the first niover of the kindness of the Roman people, and his defender from danger. And if, as is accustomed to be done in some states, an ad- vocate was appointed to this cause by the public, that man would above all others be assigned to one invested with hon- ors as his defender, who having himself enjoyed the same hon- or, brought to his advocacy no less authority than ability. But if those who are being wafted from the main into harbor are wont with the greatest care to inform those who are sail- ing out of harbor, of the character of storms, and pirates, and of places, because nature prompts us to favor those who are entering on the same dangers which we have passed through, of what disposition ought I to be, who after having been much tossed about am now almost in sight of land, toward him by whom I see the greatest tempests of the republic about to be encountered % "Wherefore, if it is the part of a virtuous con- sul not only to see what is being done, but to foresee what is likely to happen, I will show in another place how much it is for the interest of the common safety that there should be two consuls in the republic on the first of January. And if that be the case, then it is not so much my duty which ought to summon me to defend the fortunes of a man who is my friend, as the republic which ought to invite the consul to the de- fense of the common safety. III. For as to my having passed a law concerning bribery and corruption, certainly I passed it so as not to abrogate that law which I have long since made for myself concerning defending my fellow-citizens from dangers. If, indeed, I con- fessed that a largess had been distributed, and were to defend it as having been rightly done, I should be acting wrongly, 56 CICERO'S ORATIONS. even if another had passed the law ; but when I am saying in defense that nothing has been done contrary to law, then what reason is there that my having passed the law should be an ob- stacle to my undertaking the defense? He says that it does not belong to the same severity of char- acter, to have banished from the city by words, and almost by express command, Catiline, when planning the destruction of the republic within its very walls, and now to speak on be- half of Lucius Murcna. But I have always willingly acted the part of lenity and clemency, which nature itself has taught me ; but I have not sought the character of severity and rig- or; but I have supported it when imposed upon me by the republic, as the dignity of this empire required at the time of the greatest peril to the citizens. But if then, when the pub- lic required vigor and severity, I overcame my nature, and was as severe as I was forced to be, not as I wished to be; now, when all causes invite me to mercy and humanity, with what great zeal ought I to obey my nature and my usual hab- its'? and concerning my duty of defending, and your method of prosecuting, perhaps I shall have again to speak in another part of my speech. But, O Judges, the complaint of Servius Sulpicius, a most wise and accomplished man, moved me no less than the accu- sation of Cato ; for he said that he was exceedingly and most bitterly vexed that I had forgotten my friendship and intima- cy with him, and was defending the cause of Lucius Murena against him. I wish, O judges, to satisfy him, and to make you arbitrators between us. For as it is a sad thing to be accused with truth in a case of friendship, so, even if you be falsely accused, it is not to be neglected. I, O Servius .Sulpi- cius, both allow that according to my intimacy with you 1 did owe you all my zeal and activity to assist you in your can- vass, and I think I displayed it. When you stood for the consulship, nothing on my part was wanting to you which could have been expected either from a friend, or from an obliging person, or from a consul. That time has gone by — the case is changed. I think, and am persuaded, that I owed you as much aid as ever you have ventured to require of me against the advancement of Lucius Murena; but no aid at all against his safety. Nor does it follow, because I stood by you when you were a candidate for the consulship, that on that account I ought now to be an :.- int to you in the same FOR L. MURENA. CI way, when you are attacking Murena himself. And this is not only not praiseworthy — it is not even allowable, that we may not defend even those who are most entirely strangers to us when our friends accuse them, v IV. But, in truth, there is, O judges, between Murena and myself an ancient and great friendship, which shall not be overwhelmed in a capital trial by Servius Sulpicius, merely because it was overcome by superior considerations when he was contesting an honorable office with that same person. And if this cause had not existed, yet the dignity of the man, and the honorable nature of that office which he has obtain- ed, would have branded me with the deepest reproach of pride and cruelty, if in so great a danger I had repudiated the cause of a man so distinguished by his own virtues and by the hon- ors paid him by the Eoman people. For it is not now in my power — it is not possible, for me to shrink from devoting my labor to alleviate the dangers of others. For when such rewards have been given me for this diligence of mine, such as before now have never been given to any one, to abandon those labors by which I have earned them, as soon as I have received them, would be the act of a crafty and ungrateful man. If, indeed, I may rest from my labors — if you advise me that I can do so — if no reproach of indolence, none of un- worthy arrogance, none of inhumanity is incurred by so do- ing, in good truth I will willingly rest. But if flying from toil convicts me of laziness — if rejection of suppliants con- victs me of arrogance — if neglect of my friends is a proof of worthlessness, then, above all others, this cause is such a one as no industrious, or merciful, or obliging man can abandon. And you may easily form your opinion of this matter, O Ser- vius, from your own pursuits. For if you think it necessary to give answers to even the adversaries of your friends when they consult you about law, and if you think it shameful, when you have been retained as an advocate for him in whose cause you have come forward, to fail ; be not so unjust, as, when your springs are open even to your enemies, to think it ricrht that our small streams should be closed even against our friends. Forsooth, if my intimacy with you had prevented my ap- pearing in this cause, and if the same thing had happened to Quintus Hortensius and Marcus Crassus, most honorable C 2 58 CICERO'S ORATIONS. men, and to others also by whom I know that your affection is greatly esteemed, the consul elect would have had no de- fender in that city in which our ancestors intended that even the lowest of the people should never want an advocate. But I, O judges, should think myself wicked if I had failed my friend — cruel if I had failed one in distress — arrogant if I had failed the consul. So that what ought to be given to friend- ship shall be abundantly given by me ; so that I will deal with you, O Servius, as if my brother, who is the dearest of all men to me, stood in your place. What ought to be given to duty, to good faith, to religion, that I will so regulate as to recollect that I am speaking contrary to the wish of one friend to defend another friend from danser. Y. I understand, O judges, that this whole accusation is divided into three parts ; and that one of them refers to find- ing fault with Murena's habits of life, another to his contest for the dignity, and a third to charges of bribery and corrup- tion. And of these three divisions, that first, which ought to have been the weightiest of all, was so weak and trifling, that it was rather some general rule of accusing, than any real occasion for finding fault, which prompted them to say any thing about the way of life of Lucius Murena. For Asia has been mentioned as a reproach to him, which was not sought by him for the sake of pleasure and luxury, but was traversed by him in the performance of military labors ; but if he while a young man had not served under his father when general, he would have seemed either to have been afraid of the ene- my, or of the command of his father, or else to have been re- pudiated by his father. Shall we say that, when all the sons who wear the praetexta 1 are accustomed to sit on the chariot of those who are celebrating a triumph, this man ought to have shunned adorning the triumph of his father with military gifts, so as almost to share his father's triumph for exploits which they had performed in common'? But this man, O judges, both was in Asia and was a great assistance to that bravest of men, his own father, in his dangers, a comfort to him in his labors, a source of congratu- lation to him in his victory. And if Asia does carry with it a suspicion of luxury, surely it is a praiseworthy thing, 1 The toga prcetcxta was a robe bordered with purple, worn by the higher magistrates, and by freeborn children till they arrived at the age of manhood. FOR L. MURENA. 59 not never to have seen Asia, but to have lived temperately in Asia. So that the name of Asia should not have been ob- jected to Lucius Murena, a country whence renown was de- rived for his family, lasting recollection for his race, honor and glory for his name, but some crime or disgrace, either incurred in Asia, or brought home from Asia. But to have served campaigns in that war which was not only the greatest but the only war which the Eoman people was waging at that time, is a proof of valor ; to have served most willingly under his father, who was commander-in-chief, is a proof of piety ; that the end of his campaign was the victory and triumph of his father, is a proof of good fortune. There is, therefore, no room in these matters for speaking ill of him, because praise takes up the whole room. VI. Cato calls Lucius Murena a dancer. If this be im- puted to him truly, it is the reproach of a violent accuser; but if falsely, it is the abuse of a scurrilous railer. "Where- fore, as you are a person of such influence, you ought not, O Marcus Cato, to pick up abusive expressions out of the streets, or out of some quarrel of buffoons ; you ought not rashly to call a consul of the Eoman people a dancer ; but to consider with what other vices besides that man must be tainted to whom that can with truth be imputed. For no man, one may almost say, ever dances when sober, unless perhaps he be a madman, nor in solitude, nor in a moderate and sober party ; dancing is the last companion of prolonged feasting, of lux- urious situation, and of many refinements. You charge me with that which must necessarily be the last of all vices, you say nothing of those things without which this vice absolutely can not exist ; no shameless feasting, no improper love, no carousing, no lust, no extravagance is alleged; and when those things which have the name of pleasure, and which are vicious, are not found, do you think that you will find the shadow of luxury in that man in whom you can not find the luxury itself? Can nothing, therefore, be said against the life of Lucius Murena"? Absolutely nothing, I say, O judges. The consul elect is defended by me on this ground, that no fraud of his, no avarice, no perfidy, no cruelty, no wanton word can be alleged against him in his whole life. It is well. The foun- dations of the defense are laid ; for we are not as yet defend- ing this virtuous and upright man with my own panegyric, 60 CICERO'S ORATIONS. which I will employ presently, but almost by the eonfessior of his adversaries. VII. And now that this is settled, the approach to the con- test for this dignity, which was the second part of the accusa- tion, is more easy to me. I see that there is in you, O Servi- us Sulpicius, the greatest dignity of birth, of integrity, of in- dustry, and of all the other accomplishments which a man ought to rely on when he offers himself as a candidate for the consulship. I know that all those qualities are equal in Lu- cius Murena, and so equal that he can neither be surpassed in worth by you, nor can himself surpass you in worth. You have spoken slightingly of the family of Lucius Murena, you have extolled your own ; but if you dwell on this topic so as to allow no one to be considered as born of a good family, un- less he be a patrician, you will compel the common people again to secede to the Aventine Hill. 1 But if there are hon- orable and considerable families among the plebeians — both the great-grandfather of Lucius Murena, and his grandfather, were praetors ; and his father, when he had triumphed most splendidly and honorably for exploits performed in his praetor- ship, left the steps toward the acquisition of the consulship more easy, because that honor which was due to the father was demanded by the son. But your nobility, O Servius Sulpicius, although it is most eminent, yet it is known rather to men versed in literature and history, but not much so to the people and to the voters. For your father was in the rank of the knights, your grandfather was renowned for no conspicuous action. So that the recol- lection of your nobility is to be extracted not from the modern conversation of men, but from the antiquity of annals. So that I also am accustomed to class you in our number, be- cause you by your own virtue and industry, though you are the son of a Roman knight, have yet earned the being consid- ered worthy of the very highest advancement. Nor did it ever seem to me that there was less virtue in Quintus Pompe- ius, a new man and a most brave man, than in that most high- born man, Marcus ^Emilius.V' Indeed, it is a proof of the same spirit and genius, to hand down to his posterity, as Pompeius 1 This refers to the time of Appius the Decemvir, when the soldiers, at the call of Virginius, after the death of Virginia, occupied the Aven- tine, and were joined by great part of the plebs, demanding the abolition of the decemvirate. FOR L. MURENA. 61 did, an honorable name, which he had not received from his ancestors ; and, as Scaurus did, to renew the recollection of his family which was almost extinct. VIII. Although I now thought, O judges, that it had been brought about by my labors, that a want of nobleness of birth should not be objected to many brave men, who were neglect- ed, though men were praising not only the Curii, the Catos, the Pompeii, those ancient new but most distinguished men, but also, these more modern new men, the Marii, and Didii, and Ccelii. But when I, after so great an interval, had broken down those barriers of nobility, so that entrance to the consul- ship should hereafter be opened, as it was in the time of our ancestors, not more to high birth than to virtue, I did not think when a consul-elect of an ancient and illustrious family was being defended by the son of a Roman knight, himself a consul, that the accusers would say any thing about newness of family. In truth it happened to me myself to stand against two patricians, one a most worthless and audacious man, the other a most modest and virtuous one ; yet I surpassed Cati- line in worth, Galba in popularity. But if that ought to have been imputed as a crime to a new man, forsooth, I should have wanted neither enemies nor detractors. Let us, therefore, give up saying any thing about birth, the dignity of which is great in both the candidates ; let us look at the other points. He stood for the quaestorship at the same time with me, and I was appointed first. We need not an- swer every point ; for it can not escape the observation of any one of you, when many men are appointed equal in dignity, but only one can obtain the first place, that the order of the digni- ty and of the declaration of it are not the same, because the declaration has degrees, but the dignity of all is usually the same. But the qusestorship of each Avas given them by almost an equal decision of the lots : the one had by the Titian law a quiet and orderly province ; you had that one of Ostia, at the name of which, when the quaestors distribute the provinces by lot, a shout is raised — a province not so much pleasant and illustrious as troublesome and vexatious. The name of each was together in the quasstorship. For the drawing of the lots gave you no field on which your virtue could display itself and make itself known. \ IX. The remaining space of time is dedicated to the contest. It was employed by each in a very dissimilar fashion. Servius G2 CICERO'S ORATIONS. adopted the civil service, full of anxiety and annoyance, of an- swering, writing, cautioning ; lie learned the civil law ; he worked early and late, he toiled, he was visible to every one, he endured the folly of crowds, he tolerated their arrogance, he bore all sorts of difficulties, he lived at the will of others, not at his own. It is a great credit, a thing pleasing to men, for one man to labor hard in that science which will profit many. What has Murena been doing in the mean time ? He was lieutenant to Lucius Lucullus, a very brave and wise man, and a consummate general; and in this post he commanded an army, he fought a battle, he engaged the enemy, he routed numerous forces of the enemy, he took several cities, some by storm, some by blockade. He traversed that populous and luxurious Asia you speak of, in such a manner as to leave in it no trace either of his avarice or of his luxury ; in a most important war he so behaved himself that he performed many glorious exploits without the commander-in-chief; but the commander-in-chief did nothing without him. And all these things, although I am speaking in the presence of Lucius Lu- cullus, yet that we may not appear to have a license of inven- tion granted us by him on account of the danger we are in, we are borne witness to in the public dispatches; in which Lucius Lucullus gives him such praise as no ambitious nor envious commander-in-chief could have given another while dividing with him the credit of his exploits. There is in each of the rivals the greatest honesty, the greatest worth ; which I, if Servius will allow me, will place in equal and in the same panegyric. But he will not let me ; he discusses the military question ; he attacks the whole of his services as lieutenant ; he thinks the consulship is an office re- quiring diligence and all this daily labor. " Have you been," says he, " so many years with the army ? you can never have been near the forum. Have you been away so long? and then, when after a long interval you arrive, will you contend in dig- nity with those who have made their abode in the forum ?" First of all, as to that assiduity of ours, O Servius, you know not what disgust, what satiety, it sometimes causes men ; it was, indeed, exceedingly advantageous for me myself that my influence was in the sight of all men; but I overcame the weariness of me by my own great labor; and you, perhaps, have done the same thing, but yet a regret at our absence would have been no injury to either of us. FOR L. MURENA. 63 But, to say no more of this, and to return to the contest of studies and pursuits; how can it be doubted that the glory of military exploits contributes more dignity to aid in the acquisition of the consulship, than renown for skill in civil law ? Do you wake before the night is over in order to give answers to those who consult you ? He has done so in order to arrive betimes with his army at the place to which he is marching. The cock-crow wakens you, but the sound of the trumpet rouses him ; you conduct an action ; he is marshaling an army : you take care lest your clients should be convicted ; he lest his cities or camp be taken. He occupies posts, and exercises skill to repel the troops of the enemy, you to keep out the rain ; he is practiced in extending the boundaries of the empire, you in governing the present territories ; and in short, for I must say what I think, pre-eminence in military skill excels all other virtues. X. It is this which has procured its name for the Roman people ; it is this which has procured eternal glory for this city ; it is this which has compelled the whole world to sub- mit to our dominion ; all domestic affairs, all these illustrious pursuits of ours, and our forensic renown, and our industry, are safe under the guardianship and protection of military valor. As soon as the first suspicion of disturbance is heard of, in a moment our arts have not a word to say for them- selves. And since you seem to me to embrace that knowledge of the law which you have, as if it were a darling daughter, I will not permit you to lie under such a mistake as to think that, whatever it may be, which you have so thoroughly learned, any thing very pre-eminent. For your other virtues of continence, of gravity, of justice, of good faith, and all other good quali- ties, I have always considered you very worthy of the consul- ship and of all honor ; but as for your having learned civil law, I will not say you have wasted your pains, but I will say that there is no way made to lead to the consulship by that profession ; for all arts which can conciliate for us the good- will of the Roman people ought to possess both an admirable dignity, and a very delightful utility. XI. The highest dignity is in those men who excel in mili- tary glory. For all things which are in the empire and in the constitution of the state, are supposed to be defended and strengthened by them. There is also the greatest usefulness £4 CICERO'S ORATIONS. in them, since it is by their wisdom and their danger that we can enjoy both the republic and also our own private posses- sions. The power of eloquence also is no doubt valuable and full of dignity, and it has often been of influence in the elec- tion of a consul to be able by wisdom and oratory to sway the minds of the senate and the people, and those who decide on affairs. A consul is required who may be able sometimes to repress the madness of the tribunes, who may be able to bend the excited populace, who may resist corruption. It is not strange, if, on account of this faculty, even men who were not nobly born have often obtained the consulship ; especially when this same quality procures a man great gratitude, and the firm- est friendship, and the greatest zeal in his behalf; but of all this there is nothing, O Sulpicius, in your profession. First of all, what dignity can there be in so limited a science? For they are but small matters, conversant chiefly about single letters and punctuation between words. Second- ly, if in the time of our ancestors there was any inclination to marvel at that study of yours, now that all your mysteries are revealed, it is wholly despised and disregarded. At one time few men knew whether a thing might be lawfully done or not ; for men ordinarily had no records ; those were pos- sessed of great power who were consulted, so that even days for consultation were begged of them beforehand, as from the Chaldean astrologers. A certain notary was found, by name Cnams Flavius, who could deceive 1 the most wary, and who set the people records to be learned by heart each day, and who pilfered their own learning from the profoundest lawyers. So they, being angry because they were afraid, lest, when their daily course of action was divulged and understood, people would be able to proceed by law without their assistance, adopt- ed a sort of cipher, in order to make their presence necessary in every cause. XII. When this might have been well transacted thus — "The Sabine farm is mine." "No; it is mine:" then a trial ; they would not have it so. " The farm," says he, " which is in the territory which is called Sabine :" verbose enough — well, what next 1 ? "That farm, I say, is mine ac- cording to the rights of Koman citizens." What then ? " and 1 The Latin strictly is, " pierce the eyes of ravens." It ^as a prover- bial expression. FOR L. MUREXA. therefore I summon you according to law, seizing you by the hand." The man of whom the field was demanded did not know how to answer one who was so talkatively litigious. The same lawyer goes across, like a Latin flute-player — says he, " In the place from whence you summoned me having seized me by the hand, from thence I recall you there." In the mean time, as to the prsetor, lest he should think himself a fine fellow and a fortunate one, and himself say something of his own accord, a form of words, is composed for him also, absurd in other points, and especially in this : " Each of them being alive and being present, I say that that is the way." "Enter on the way." That wise man was at hand who was to show them the way. "Return on your path." They returned with the same guide. These things, I may well suppose, appeared ridiculous to full-grown men ; that men when they have stood rightly and in their proper place should be ordered to depart, in order that they might immediately return again to the place they had left. Every thing was tainted with the same childish folly. "When I behold you in the power of the law." And this : " But do you say this who claim the right?" And while all this was made a mystery of, they who had the key to the mystery were necessarily sought after by men ; but as soon as these things were revealed, and were bandied about and sifted in men's hands, they were found tc be thoroughly destitute of wisdom, but very full of fraud and folly. For though many things have been excellently settled by the laws, yet most of them have been depraved and corrupted by the genius of the lawyers. Our ancestors determined that all women, on account of the inferiority of their understand- ing, should be under the protection of trustees. These men have found out classes of trustees, whose power is subordinate to that of the women. The one party did not wish the domestic sacrifices to be abolished in families; by the in- genuity of the others old men were found to marry by the form called coemptio, 1 for the sake of getting rid 'of these 1 Coemptio was " a ceremony of marriage consisting in a mock sale, •whereby the bride and bridegroom sold themselves to each other." Rid- dle in voce. " Coemptio was effected by mancipatio, and consequently the wife was in mancipio" — Smith, Diet. Ant. p. 603, § v., v. Marriage (Roman). CG CICERO'S ORATIONS. sacred ceremonies. Lastly, in every part of the civil law they neglected equity itself, but adhered to the letter of the law ; as for instance, because in somebody's books they found the name of Caia. they thought that all the women who had married by coemptio were called Caias. And that often appears marvel- ous to me, that so many men of such ability should now for so many years have been unable to decide whether the proper ex- pressions to use be the day after to-morrow or the third day, a judge or an arbiter, a cause or a proceeding. Xffl. Therefore, as I said before, the dignity of a consul has never been consistent with that science ; being one con- sisting wholly of fictitious and imaginary formulas. And its right to public gratitude was even much smaller. For that which is open to every one, and which is equally accessible to me and to my adversary, can not be considered as entitled to any gratitude. And therefore you have now not only lost the hope of conferring a favor, but even the compliment that used to be paid to you by men asking your permission to con- sult you. No one can be considered wise on account of his proficiency in that knowledge which is neither of any use at all out of Rome, nor at Rome either during the vacations. Nor has any one any right to be considered skillful in law, be- cause there can not be any difference between men in a branch of knowledge with which they are all acquainted. And a mat- ter is not thought the more difficult for being contained in a very small number of very intelligible documents. Therefore, if you excite my anger, though I am excessively busy, in three days I will profess myself a laAvyer. In truth, all that need be said about the written law is contained in written books ; nor is there any thing written with such precise accuracy, that I can not add to the formula, " which is the matter at present in dispute." If you answer what you ought, you will seem to have made the same answer as Servius ; if you make any other reply, you will seem to be acquainted with and to know how to handle disputed points. Wherefore, not only is the military glory which you slight to be preferred to your formulas and legal pleas ; but even the habit of speaking is far superior, as regards the attainment of honors, to the profession to the practice of which you devote yourself. And therefore many men appear to me to have pre- ferred this :it first; but afterward, being unable to attain emi- nence in this profession, they have descended to the other. FOR L. MURENA. 67 Just as men say, when talking of Greek practitioners, that those men are flute-players who can not become harp-players, so we see some men, who have not been able to make orators, turn to the study of the law. There is great labor in the practice of oratory. It is an important business, one of great dignity, and of most exceeding influence. In truth, from you lawyers men seek some degree of advantage ; but from those who are orators they seek actual safety. In the next place, your replies and your decisions are constantly overturned by eloquence, and can not be made firm except by the advocacy of the orator ; in which if I had made any great proficiency myself, I should be more sparing while speaking in its praise ; but at present I am saying nothing about myself, but only about those men who either are or have been great in ora- tory. XIV. There are two occupations which can place men in the highest rank of dignity ; one, that of a general, the other, that of an accomplished orator. For by the latter the orna- ments of peace are preserved, by the former the dangers of war are rebelled. But the other virtues are of great import- ance from their own intrinsic excellence, such as justice, good faith, modesty, temperance ; and in these, O Servius, all men know that you are very eminent. But at present I am speak- ing of those pursuits calculated to aid men in the attainment of honors, and not about the intrinsic excellency of each pur- suit. For all those occupations are dashed out of our hands at once, the moment the slightest new commotion begins to have a warlike sound. In truth, as an ingenious poet and a very admirable author says, the moment there is a mention of battle, " away is driven" not only your grandiloquent pre- tenses to prudence, but even that mistress of all things, " wis- dom. Every thing is done by violence. The orator," not only he who is troublesome in speaking, and garrulous, but even " the good orator is despised ; the horrid soldier is loved." But as for your profession, that is trampled under foot ; " men seek their rights not by law, but hand to hand by the sword," says he. And if that be the case, then I think, O Sulpicius, the fo- rum must yield to the camp ; peace must yield to war, the pen to the sword, and the shade to the sun. That, in fact, must be the first thing in the city, by means of which the city itself is the first of all cities. But Cato is busy proving that 68 CICERO'S ORATIONS. we are making too much of all these things in our speech ; and that we have forgotten that that Mithridatic war was carried on against nothing better than women. However, my opin- ion is very different, O judges ; and I will say a little on that subject ; for my cause does not depend on that. For if all the wars which we have carried on against the Greeks are to be despised, then let the triumph of Marcus Cu- rius over king Pyrrhus be derided ; and that of Titus Flamin- inus over Philip ; and that of Marcus Fulvius over the JEto- lians ; and that of Lucius Paullus over king Perses ; and that of Quintus Metellus over the false Philip; and that of Lucius Mummius over the Corinthians. But, if all these wars were of the greatest importance, and if our victories in them were most acceptable, then why are the Asiatic nations and that Asiatic enemy despised by you ? But, from our records of an- cient deeds, I see that the Roman people carried on a most im- portant war with Antiochus ; the conqueror in which war, Lu- cius Scipio, who had already gained great glory when acting in conjunction with his brother Publius, assumed the same hon- or himself by taking a surname from Asia, as his brother did, who, having subdued Africa, paraded his conquest by the as- sumption of the name of Africanus. And in that war the re- nown of your ancestor Marcus Cato was very conspicuous; but he, if he was, as I make no doubt that he was, a man of the same character as I see that you are, would never have gone to that war, if he had thought that it was only going to be a war against women. Nor would the senate have prevailed on Pub- lius Africanus to go as lieutenant to his brother, when he him- self, a little while before, having forced Hannibal out of Italy, having driven him out of Africa, and having crushed the pow- er of Carthage, had delivered the republic from the greatest dangers, if that war had not been considered an important and formidable war. XV. But if you diligently consider what the power of Mithridates was, and what his exploits were, and what sort of a man he was himself, you will in truth prefer this king to all the kings with whom the Roman people has ever waged war; a man whom Lucius Sylla — not a very inexperienced general, to say the least of it — at the head of a numerous and powerful army, after a severe battle, allowed to depart having made peace with him, though he had overrun all Asia with war: whom Lucius Murena, my client's father, after having FOR L. MURENA. 69 warred against him with the greatest vigor and vigilance, left greatly checked indeed, but not overwhelmed : a king, who hav- ing taken several years to perfect his system and to strength- en his warlike resources, became so powerful and enterpris- ins: that he thought himself able to unite the Atlantic to the Black Sea, and to combine the forces of Sertorius with his own. And when two consuls had been sent to that war, with the view of one pursuing Mithridates, and the other protecting Bithynia, the disasters which befell one of them by land and sea greatly increased the power and reputation of the king. But the exploits of Lucius Lucullus were such that it is impossible to mention any war which was more im- portant, or in which greater abilities and valor were display- ed. For when the \iolence of the entire war had broken against the walls of Cyzicus, and as Mithridates thought that he should find that city the door of Asia, and that, if that were once broken down and forced, the whole province would be open to him, every thing was so managed by Lucullus that the city of our most faithful allies was defended, and all the forces of the king were wasted away by the length of the siege. What more need I say % Do you think that that na- val battle at Tenedos, when the enemy's fleet were hastening on with rapid course and under most eager admirals toward Italy, full of hope and courage, was a trifling engagement — an insignificant contest? I will say nothing of battles; I pass over the sieges of towns. Being at length expelled from his kingdom, still his wisdom and his influence were so great, that, combining his forces with those of the king of Armenia, he reappeared with new armies and new resources of every kind. XVI. And if it were my business now to speak of the achievements of our army and of our general, I might men- tion many most important battles. But that is not the pres- ent question. This I do say : If this war, and this enemy — if that king was a proper object for contempt, the senate and Roman people would not have thought it one to be un- dertaken with such care, nor would they have carried it on for so many years, nor would the glory of Lucullus be as great as it is. Nor would the Roman people have intrusted the care of putting a finishing stroke to it to Cnaeus Pom- peius ; though of all his battles, numberless as they are, that appears to me to have been the most desperate and to have 70 CICERO'S ORATIONS. been maintained on both sides with the greatest vigor, which he fought against the king. And when Mithridates had es- caped from that battle, and had fled to the Bosphorus, a place which no army could approach, still, even in the extremity of his fortunes, and as a fugitive, he retained the name of a king. Therefore, Pompeius himself, having taken possession of his kingdom, having driven the enemy away from all his coasts, and from all his usual places of resort, still thought that so much depended on his single life, that though, by his victory, he had got possession of every thing which he had possessed, or had approached, or even had hoped for, still he did not think the war entirely over till he drove him from life also. And do you, O Cato, think lightly of this man as an enemy, when so many generals warred against him for so many years, with so long a series of battles'? when, though driven out and expelled from his kingdom, his life was still thought of such importance, that it was not till the news arrived of his death, that we thought the war over 1 We then say in defense of Lucius Murena, that as a lieutenant in this war he approved himself a man of the greatest courage, of singular military skill, and of the greatest perseverance ; and that all his conduct at that time gave him no less a title to obtain the consulship than this forensic industry of ours gave us. XVII. "But in the standing for the praetorship, Servius was elected first." Are you going (as if you were arguing on some written bond) to contend with the people that, whatever place of honor they have once given any one, that same rank they are bound to give him in all other honors'? For what sea, what Euripus do you think exists, which is liable to such commotions* — to such great and various agitations of waves, as the storms and tides by which the comitia are influenced? The interval of one day — the lapse of one night — often throws every thing into confusion. The slightest breeze of rumor sometimes changes the entire opinions of people. Oft- en, even, every thing is done without any apparent cause, in a manner entirely at variance with the opinions that have been expressed, or that, indeed, are really entertained ; so that sometimes the people marvels that that has been done which has been done, as if it were not itself that has done it. No- thing is more uncertain than the common people — nothing more obscure than men's wishes — nothing more treacherous FOR L. MURENA. 71 x than the whole nature of the cemitia. Who expected that Lucius Philippus, a man of the greatest abilities, and indus- try, and popularity, and nobleness of birth, could be beaten by Marcus Herennius? Who dreamed of Quintus Catulus, a man eminent for all the politer virtues, for wisdom and for in- tegrity, being beaten by Cnaeus Mallius 1 or Marcus Scaurus, a man of the highest character, an illustrious citizen, a most intrepid senator, by Quintus Maximus ! Not only none of all these things were expected to happen, but not even when they had happened could any one possibly make out why they had happened. For as storms arise, often being heralded by some well-known token in the heavens, but often also quite unex- pectedly from no imaginable reason, but from some unintelli- gible cause ; so in the popular tempests of the comitia you may often understand by what signs a storm was first raised, but often, too, the cause is so obscure, that the tempest ap- pears to have been raised by chance. XVni. But yet, if an account of them must be given, two qualities were particularly missed in the praetorship, the exist- ence of which in Murena now was of the greatest use to him in standing for the consulship : one was the expectation of a largess, which had got abroad through some rumor, and owing to the zeal and conversation of some of his competitors ; the other, that those men who had been witnesses of all his liber- ality and virtue in the province and in the discharge of his office as lieutenant, had not yet left Rome. Fortune reserved each of these advantages for him, to aid him in his application for the consulship. For the army of Lucius Lucullus, which had come hither for his triumph, was also present at the comitia in aid of Lucius Murena, and his praetorship afforded a most splendid proof of his liberality, of which there was no mention when he was standing for the praetorship. Do these things appear to you trifling supports and aids toward obtaining the consulship? Is the good-will of the soldiery a trifle? who are both intrinsically powerful through their own numbers, and also by their influence among their con- nections, and who in declaring a consul have great weight among the entire Roman people. Are the votes of the army a trifle? No; for it is generals, and not interpreters of words, who are elected at the consular comitia. Most in- fluential, then, is such a speech as this — " He refreshed me when I was wounded. He gave me a share of the plunder. 72 CICERO'S ORATIONS. He was the general when we "took that camp — when we fought that battle. He never imposed harder work on the soldier than he underwent himself. He was as fortunate as he is brave." What weight do you not suppose this must have to gaining a reputation and good-will among men % Indeed, if there is a sort of superstition in the comitia, that up to this time the omen to be drawn from the vote of the prerogative 1 tribe has always proved true, what wonder is there that in such a meet- ing the reputation of good fortune and such discourse as this has had the greatest weight ? XIX. But if you think these things trifling, though they are most important ; and if you prefer the votes of these quiet cit- izens to those of the soldiers ; at all events, you can not think lightly of the beauty of the games exhibited by this man, and the magnificence of his theatrical spectacles ; and these things were of great use to him in this last contest. For why need I tell you that the people and the great mass of ignorant men are exceedingly taken with games % It is not very strange. And that is a sufficient reason in this case ; for the comitia are the comitia of the people and the multitude. If, then, the magnificence of games is a pleasure to the people, it is no wonder that it was of great service to Lucius Murena with the people. But if we ourselves, who, from our con- stant business, have but little time for amusement, and who are able to derive many pleasures of another sort from our business itself, are still pleased and interested by exhibitions of games, why should you marvel at the ignorant multi- tude being so? Lucius Otho, 2 a brave man, and an inti- mate friend of mine, restored not only its dignity, but also its pleasure to the equestrian order ; and, therefore, this law which relates to the games is the most acceptable of all laws, because by it that most honorable order of men is restored not only to its honors, but also to the enjoyment of its amuse- ments. Games, then, believe me, are a great delight to men, even to those who are ashamed to own it, and not to those 1 In the comitia centuriata the people voted in their centuries ; the or- der in which the centuries voted was decided by lot, and that which gave its vote first was called the ccnturia prarogativa. The question of a tn- bus prarogativa is a more disputed point ; but on this see Smith, Diet. Ant. p. 997, v. Tribus (Roman). 2 This refers to the law of Lucius Roscius Otho (called Roscia Lex by Horace), by which the fourteen rows of seats next to those of the sena- 4*,rs were reserved for the knights. FOR L. MURENA. only who confess it, as I found to be the case in my contest for the consulship ; for we also had a theatrical representa- tion as our competitor. But if I, who, as aedile, had exhibited those shows of games, was yet influenced by the games exhib- ited by Antonius, do you not suppose that that very silver stage exhibited by this man, which you laugh at, was a seri- ous rival to you, who, as it happened, had never given any games at all? But, in truth, let us allow that these advant- ages are all equal — let exertions displayed in the forum be al- lowed to be equal to military achievements — let the votes of the quiet citizens be granted to be of equal weight with those of the soldiers — let it be of equal assistance to a man to have exhibited the most magnificent games, and never to have ex- hibited any at all ; what then % Do you think that in the prsetorship itself there was no difference between your lot and that of my client Murena ? XX. His department was that which we and all your friends desired for you ; that, namely, of deciding the law ; a business in which the importance of the business transacted procures great credit for a man, and the administration of justice earns him popularity ; for which department a wise praetor, such as Murena was, avoids giving offense by impartiality in his de- cisions, and conciliates good will by his good temper in hear- ing the cases brought before him. It is a very creditable em- ployment, and very well adapted to gain a man the consul- ship, being one in which the praise of justice, integrity and affability is crowned at the last by the pleasure of the games which he exhibits. What department was it that your lot gave you 1 A disagreeable and odious one. That of inquiry mto peculation, pregnant on the one side with the tears and mourning apparel of -the accused, full on the other side of im- prisonment and informers. In that department of justice judges are forced to act against their will, are retained by force contrary to their inclination. The clerk is hated, the whole body is unpopular. The gratifications given by Sylla are found fault with. Many brave men — indeed, a consider- able portion of the city is offended; damages are assigned with severity. The man who is pleased with the decision soon forgets it; he who loses his cause is sure to remember it. Lastly, you would not go to your province. I can not find fault with that resolution in you, which, both as praetor and consul, I have adopted in my own case. But still Lucius D 74 CICERO'S ORATIONS. Murena's conduct in his province procured him the affection of many influential men, and a great accession of reputation. On his road he held a levy of troops in Uinbria. The re- public enabled him to display his liberality, which he did so effectually as to engage in his interest many tribes which are connected with the municipalities of that district. And in Gaul itself, he contrived by his equity and diligence to enable many of our citizens to recover debts which they had entirely despaired of. In the mean time you were living at Eome, ready to help your friends. I confess that — but still recol- lect this, that the inclinations of some friends arc often cooled toward those men by whom they see that provinces are despised. XXI. And since I have proved, O judges, that in this con- test for the consulship Murena had the same claims of worth that Sulpicius had, accompanied with a very different fortune as respects the business of their respective provinces, I will say more plainly in what particular my friend Servius was inferior ; and I will say those things while you are now hear- ino; me — now that the time of the elections is over — which I have often said to him by himself before the affair was settled. I often told you, O Servius, that you did not know how to stand for the consulship ; and, in respect to those very mat- ters which I saw you conducting and advocating in a brave and magnanimous spirit, I often said to you that you appear- ed to me to be a brave senator rather than a wise candidate. For, in the first place, the terrors and threats of accusations which you were in the habit of employing every day, are rather the part of a fearless man ; but they have an unfavor- able effect on the opinion of the people as regards a man's hopes of getting any thing from them, and they even disarm the zeal of his friends. Somehow or other, this is always the case ; and it has been noticed, not in one or two instances only, but in many ; so that the moment a candidate is seen to turn his attention to provocations, he is supposed to have given up all hopes of his election. What, then, am I saying"? Do I mean that a man is not to prosecute another for any injury which he may have re- <ver, from the farthest part of the city, men should not mind going at the third hour into the Campus Martius, especially when they have been invited in the name of such a man as Murena ? What then ? What if all the societies had come to meet him, of which bodies many are sitting here as judges"? What if many men of our own most honorable order had come? What then? What if the whole of that most oih- cious body of candidates, which will not sutler any man to en- ter the city except in an honorable manner, had come, or even our prosecutor himself — if Postumius had come to meet him with a numerous crowd of his dependents 1 What is there strange in such a multitude ? 1 say nothing of his clients, his neighbors, his tribesmen, or the whole army of Lucullus, which, just at that time, had come to Home to his triumph; I say FOR L. MURENA. 87 this, >hat that crowd, paying that gratuitous mark of respect, was never backward in paying respect not only to the merit of any one, but even to his wishes. "But a great many people followed him." Prove that it was for hire, and I will admit that that was a crime : but if the fact of hire be absent, what is there that you object to 1 XXX1Y. "What need is there," says he, "of an escort?" Are you asking me what is the need of that which we have always availed ourselves of? Men of the lower orders have only one opportunity of deserving kindness at the hands of our order, or of requiting services — namely, this one atten- tion of escorting us when we are candidates for offices. For it is neither possible, nor ought we or the Eoman knights to require them to escort the candidates to whom they are attached for whole days together ; but if our house is fre- quented by them, if we are sometimes escorted to the forum, if we are honored by their attendance for the distance of one piazza, we then appear to be treated with all due observance and respect ; and those are the attentions of our poorer friends who are not hindered by business, of whom numbers are not wont to desert virtuous and beneficent men. Do not then, O Cato, deprive the lower class of men of this power of show- ing their dutiful feelings ; allow these men, who hope for every thing from us, to have something also themselves, which they may be able to give us. If they have nothing beyond their own vote, that is but little ; since they have no interest 'vhich they can exert in the votes of others. They themselves, as they are accustomed to say, can not plead for us, can not JX,o bail for us, can not invite us to their houses ; but they isk all these things of us, and do not think that they can ^equite the services which they receive from us by any thing but by their attentions of this sort. Therefore they resisted the Fabian law, which regulated the number of an escort, and the resolution of the senate, which was passed in the consul- ship of Lucius Caesar. For there is no punishment which can prevent the regard shown by the poorer classes for this description of attention. " But spectacles were exhibited to the people by their tribes, and crowds of the common peo- ple were invited to dinner." Although this, O judges, was not done by Murena at all, but done in accordance with all usage and precedent by his friends, still, being reminded of the fact, I recollect how many votes these investigations held in the senate have lost us, O Servius. For what time was 88 CICERO'S ORATIONS. there ever, eitner within our own recollection or that of our fathers, in which this, whether you call it ambition or liberal- ity, did not exist, to the extent of giving a place in the circus and in the forum to one's friends, and to the men of one's own tribe? The men of the poorer classes first, who had not yet obtained from those of their own tribe XXXV. * * * that the prelect of the carpenters 1 once gave a place to the men of his own tribe. What will they de- cide with respect to the eminent men who have erected reg- ular stalls in the circus, for the sake of their own tribesmen ? All these charges of escort, of spectacles, of dinners, are brought forward by the multitude, O Servius, as proofs of your over-scrupulous diligence ; but still as to those counts of the indictment, Murena is defended by the authority of the senate. And why not ? Does the senate think it a crime to go to meet a man I No ; but it does, if it be done for a bribe. Prove that it was so. Does the senate think it a crime for many men to follow him ? No ; but it does, if they were hired. Prove it. Or to give a man a place to see the spec- tacles? or to ask a man to dinner? Not by any means; but to give every one a seat, to ask every one one meets to dinner. " What is every one I" Why, the whole body of citizens. If, then, Lucius Natta, a young man of the highest rank, as to whom we see already of what sort of disposition he is, and what sort of man he is likely to turn out, wished to be pop- ular among the centuries of the knights, both because of his natural connection with them, and because of his intentions as to the future, that will not be a crime in, or matter of accusa- tion against his step-father ; nor, if a vestal virgin, my client'* near relation, gave up her place to see the spectacle in his favor, was that any other than a pious action, nor is he liable to any charge on that ground. All these are the kind offices of intimate friends, the services done to the poorer classes, the regular privileges of candidates. But I must change my tone ; for Cato argues witli me on rigid and stoic principles. He says that it is not true that good-will is conciliated by food. He says that men's judg- 1 Besides the classes into which the centuries were divided, and the four supernumerary centuries of accensi, velati, proletarii, ami cajnte censi, there were three centuries classed according to their occupation. The fabri, or carpenters, who were attached to the centuries of the first class ; the n/rniniics, or horn-blowers, an^- li'icincs, or trumpeters, who were reckoned with the fourth class. FOR L. MURENA. 89 ments, in the important business of electing to magistracies, ought not to be corrupted by pleasures. Therefore, if any one, to promote his canvass, invites another to supper, he must be condemned. " Shall you," says he, " seek to obtain supreme power, supreme authority, and the helm of the republic, by encouraging men's sensual appetites, by soothing their minds, by tendering luxuries to them ? Are you asking employment as a pimp from a band of luxurious youths, or the sovereignty of the world from the Roman people ?" An extraordinary sort of speech ! but our usages, our way of living, our manners, and the constitution itself, rejects it. For the Lacedaemonians, the original authors of that way of living and of that sort of lan- guage, men who lie at their daily meals on hard oak benches, and the Cretans, of whom no one ever lies down to eat at all, have neither of them preserved their political constitutions or their power better than the Romans, who set apart times for pleasure as well as times for labor ; for one of those nations w r as destroyed by a single invasion of our army, the other only preserves its discipline and its laws by means of the protection afforded to it by our supremacy. XXXYI. Do not, then, O Cato, blame with too great se- verity of language the principles of our ancestors, which facts, and the length of time that our power has flourished under them, justify. There was, in the time of our ancestors, a learned man of the same sect, an honorable citizen, and one of high rank, Quintus Tubero. He, when Quintus Maximus was giving a feast to the Roman people, in the name of his uncle Africanus, was asked by Maximus to prepare a couch for the banquet, as Tubero was a son of the sister of the same Africanus. And he, a most learned man and a Stoic, covered for that occasion some couches made in the Carthaginian fashion, with skins of kids, and exhibited some Samian 1 ves- sels, as if Diogenes the Cynic had been dead, and not as if he were paying respect to the obsequies of that godlike Afri- canus ; a man with respect to whom Maximus, when he was pronouncing his funeral panegyric on the day of his death, expressed his gratitude to the immortal gods for having caused that man to be born in this republic above all others, for that it was quite inevitable that the sovereignty of the w^orld must belong to that state of which he was a citizen. 1 Samian vessels were made of an inferior earthen-ware ; Carthaginian couches were very low and narrow. 90 CICERO'S ORATIONS. At the celebration of the obsequies of such a man the Roman people was very indignant at the perverse wisdom of Tubero, and therefore he, a most upright man, a most virtuous citizen, though he was the grandson of Lucius Paullus, the sister's son, as I have said before, of Publius Africanus, lost the prastorship by his kid-skins. The Roman people disapproves of private luxury, but ad- mires public magnificence. It does not love profuse banquets, still less does it love sordid and uncivilized behavior. It makes a proper distinction between different duties and dif- ferent seasons, and allows of vicissitudes of labor and pleas- ure. For as to what you say, that it is not right for men'* minds to be influenced, in appointing magistrates, by any oth- er consideration than that of the worth of the candidates, this principle even you yourself — you, a man of the greatest worth — do not in every case adhere to. For why do you ask any one to take pains for you, to assist you ? You ask me to make you governor over myself, to intrust myself to you. What is the meaning of this °? Ought I to be asked this by you, or should not you rather be asked by me to undertake labor and danger for the sake of my safety ? Nay more, why is it that you have a nomenclator 1 with you ? for in so doing, you are practicing a trick and a deceit. For if it be an honorable thing for your fellow-citizens to be addressed by name by you, it is a shameful thing for them to be better known to your servant than to yourself. If, though you know them your- self, it seems better to use a prompter, why do you sometimes address them before he has whispered their names in your ear ? Why, again, when he has reminded you of them, do you sa- lute them as if you knew them yourself? And why, after you are once elected, are you more careless about saluting them at all 1 If you regulate all these things by the usages of the city, it is all right ; but if you choose to weigh them by the precepts of your sect, they will be found to be entirely wrong. Those enjoyments, then, of games, and gladiators, and banquets, all which our ancestors desired, are not to be taken away from the Roman people, nor ought candidates to be for- bidden the exercise of that kindness which is liberality rather than bribery. 1 The nomenclator was a slave who accompanied the candidate in going his rounds, and told him the name of every one he met, so that ho might be able to accost them as if they were personally known to himself. FOR L. MURENA. 91 XXXYTL Oh, but it is the interest of the republic that has induced you to become a prosecutor. I do believe, O Cato, that jou have come forward under the influence of those feel- ings and of that opinion. But you err out of ignorance. That which I am doing, O judges, I am doing out of regard to my friendship for Lucius Murena and to his own worth, and I also do assert and call you all to witness that I am doing it for the sake of peace, of tranquillity, of concord, of liberty, of safety — ay, even for the sake of the lives of us all. Listen, O judges, listen to the consul — I will not speak with undue ar- rogance, I will only say, who devotes all his thoughts day and night to the republic. Lucius Catiline did not despise and scorn the republic to such a degree as to think that with the forces which he took away with him he could subdue this city. The contagion of that wickedness spreads more widely than any one believes : more men are implicated in it than people are aware of. It is within the city — the Trojan horse, I say, is within the city ; but you shall never be surprised sleeping by that while I am consul. You ask of me why I am afraid of Catiline % I am not ; and I have taken care that no one should have any reason to be afraid of him ; but I do say that those soldiers of his, whom I see present here, are objects of fear : nor is the army which Lucius Catiline now has with him as formidable as those men are who are said to have de- serted that army ; for they have not deserted it, but they have been left by him as spies, as men placed in ambuscade, to threaten our lives and liberties. Those men are very anxious that an upright consul and an able general, a man connected both by nature and by fortune with the safety of the republic, should by your decision be removed from the office of protect- ing the city, from the guardianship of the state. Their swords and their audacity I have procured the rejection of in the campus, I have disarmed them in the forum, I have often checked them at my own house ; but if you now give them up one of the consuls, they will have gained much more by your votes than by their own swords. That which I, in spite of the resistance of many, have managed and carried through, namely, that on the first of January there should be two con- suls in the republic, is of great consequence, O judges. Never believe that by consuls of moderate abilities, or by the ordina- ry modes of proceeding ******* 92 CICERO'S ORATIONS. It is not some unjust law, some mischievous bribery, or some improprieties in the republic that have just been heard of, that are the real objects for your inquiry now. Plans have been formed in this state, O judges, for destroying the city, for massacring the citizens, for extinguishing the Roman name. They are citizens — citizens, I say (if indeed it is lawful to call them by this name), who are forming and have formed these plans respecting their own country. Every day I am counter- acting their designs, disarming their audacity, resisting their wickedness. But I warn you, O judges ; my consulship is now just at an end. Do not refuse me a successor in my diligence ; do not refuse me him, to whom I am anxious to deliver over the republic in a sound condition, that he may defend it from these great dangers. XXXVIII. And do you not see, O judges, what other evil there is added to these evils ? I am addressing you — you, O Cato. Do you not foresee a storm in your year of office 1 for in yesterday's assembly there thundered out the mischievous voice of a tribune 1 elect, one of your own colleagues ; against whom your own mind took many precautions, and so too did all good men, when they invited you to stand for the tribune-, ship. Every thing which has been plotted 'for the last three years, from the time when you know that the design of mas- sacring the senate was first formed by Lucius Catiline and by Cnaeus Piso, is now breaking out on these days, in these months, at this time. What place is there, O judges, what time, what day, what night is there, that I have not been de- livered and escaped from their plots and attacks, not only by my own prudence, but much more by the providence of the gods? It was not that they wished to slay me as an indi- vidual, but that they wished to get rid of a vigilant consul, and to remove him from the guardianship of the republic ; and they would be just as glad, O Cato, to remove you too, if they could by any means contrive to do so ; and believe me, that is what they are wishing and planning to do. They see lion- much courage, how much ability, how much authority, how much protection for the republic there is in you ; but they think that, when they have once seen the power of the tribunes stripped of the support which it derives from the authority and 1 Ho moans Quinlus Metellus Nepos, the same man who afterward prevented his making an address to the people on Ins resigning his con- sulship. FOR L. MURENA. 93 assistance of the consuls, they will then find it easier to crush you when you are deprived of your arms and vigor. For they have no fear of another consul being elected in the place of this one ; they see that that will depend upon your colleagues ; they hope that Silanus, an illustrious man, will be exposed to their attacks without any colleague ; and that so will you with- out any consul ; and that so will the republic without any protector. When such are our circumstances, and such our perils, it becomes you, O Marcus Cato, who have been born, not for my good, nor for your own good, but for that of your country, to perceive what are their real objects ; to retain as your assistant, and defender, and partner in the republic, a consul who has no private desires to gratify, a consul (as this season particularly requires) formed by fortune to court ease, but by knowledge to carry on war, and by courage and prac- tice to discharge in a proper manner whatever business you can impose upon him. XXXIX. Although the whole power of providing for this rests with you, O judges — you, in this cause, are the masters and directors of the whole republic — if Lucius Catiline, with his council of infamous men whom he took out with him, could give his decision in this case, he would condemn Lucius Murena ; if he could put him to death, he would. For his plans require the republic to be deprived of every sort of aid ; they require the number of generals who may be opposed to his phrensy to be diminished ; they require that greater power should be given to the tribunes of the people, when they have driven away their adversary, to raise sedition and discord. Will, then, thoroughly honorable and wise men, chosen out of the most dignified orders of the state, give the same decis-> ion that most profligate gladiator, the enemy of the republic, ^fculd give ? Believe me, O judges, in this case you are de- M prig not only about the safety of Lucius Murena, but also Won your own. We are in a situation of extreme danger ; there is no means now of repairing the losses which we have al- ready sustained, or of recovering the ground which we have lost. We must take care not only not to diminish the re- sources which we still have, but to provide ourselves with ad- ditional ones if that be possible. For the enemy is not on the Anio, which in the time of the Punic war appeared a most terrible thing, but he is in the city, in the forum (O ye immortal gods ! this can not be said without a groan) ; there 94 CICERO'S ORATIONS are even some enemies in this sacred temple of the republic, in the very senate-house itself. May the gods grant that my colleague, that most gallant man, may be able in arms to overtake and crush this impious piratical war of Catiline's. I, in the garb of peace, with you and all virtuous men for my assistants, will endeavor by my prudence to divide and destroy the dangers which the republic is pregnant with and about to bring forth. But still, what Avill be the consequences if these things slip through our hands and remain in vigor till the ensuing year ? There will be but one consul ; and he will have sufficient occupation, not in conducting a war, but in managing the election of a colleague. Those who will hinder him ****** That intolerable pest ***** will break forth wherever it can find room; and even now it is threatening the Roman people ; soon it will descend upon the suburban districts ; phrensy will range at large among the camp, fear in the senate-house, conspiracy in the forum, an army in the Cam- pus Martius, and devastation all over the country. In every habitation, and in every place, we shall live in fear of fire and sword. And yet all these evils, which have been so long making ready against us, if the republic is fortified by its natural means of protection, will be easily put down by the counsels of the magistrates and the diligence of private indi- viduals. XL. And as this is the case, O judges, in the first place for ihe sake of the republic, than which nothing ought to be of more importance in the eyes of every one, I do warn you, as I am entitled to do by my extreme diligence in the cause of the republic, which is well known to all of you — I do exhort you, as my consular authority gives me a right to do — I do en- treat you, as the magnitude of the danger justifies me in do- ing, to provide for the tranquillity, for the peace, for the safety, for the lives of yourselves and of all the rest of your fellow- citizens. In the next place I do appeal to your good faith, O judges (whether you may think that I do so in the spirit of an advocate or a friend signifies but little), and beg of you not to overwhelm the recent exaltation of Lucius Murena, an unfortunate man, of one oppressed both by bodily disease and by vexation of mind, by a fresh cause for mourning. Ih 1 has been lately distinguished by the greatest kindness of the Ro- man people, and has seemed fortunate in being the first man FOR L. MURENA. 95 to bring the honors of the consulship into an old family, and a most ancient municipality. Now, in a mourning and un- becoming garb, debilitated by sickness, worn out with tears and grief, he is a suppliant to you, O judges, invoking your good faith, imploring your pity, fixing all his hopes on your power and your assistance. Do not, in the name of the im- mortal gods, O judges, deprive him not only of that office which he thought conferred additional honor on him, and at the same time of all the honors which he had gained before, and of all his dignity and fortune. And, O judges, what Lu- cius Murena is begging and entreating of you is no more than this ; that if he has done no injury unjustly to any one, if he has offended no man's ears or inclination, if he has never (to say the least) given any one reason to hate him either at home or when engaged in war, he may in that case find among you moderation in judging, and a refuge for men in dejection, and assistance for modest merit. The deprivation of the consul- ship is a measure calculated to excite great feelings of pity, O judges. For with the consulship every thing else is taken away too. And at such times as these the consulship itself is hardly a thing to envy a man. For it is exposed to the harangues of seditious men, to the plots of conspirators, to the attacks of Catiline. It is opposed single-handed to every dan- ger, and to every sort of unpopularity. So that, O judges, I do not see what there is in this beautiful consulship which need be grudged to Murena, or to any other man among us. But those things in it which are calculated to make a man an object of pity, are visible to my eyes, and you too can clearly see and comprehend them. XLI. If (may Jupiter avert the omen) you condemn this man by your decision, where is the unhappy man to turn? Home? What, that he may see that image of that most illustrious man his father, which a few days ago he beheld crowned with laurel when men were congratulating him on his election, now in mourning and lamentation at his dis- grace ? Or to his mother, who, wretched woman, having late- ly embraced her son as consul, is now in all the torments of anxiety, lest she should but a short time afterward behold that same son stripped of all his dignity? But why do 1 speak of his home or of his mother, when the new punish^, ment of the law deprives him of home, and parent, and of the intercourse with and sight of all his relations ? Shall tho 9G CICERO'S ORATIONS. wretched man then go into banishment? Whither shall he go? Shall he go to the east, where he was for many years lieutenant, where he commanded armies, and performed many great exploits'? But it is a most painful thing to return to a place in disgrace, from which you have departed in honor. Shall he hide himself in the opposite regions of the earth, so as to let Transalpine Gaul see the same man grieving and mourning, whom it lately saw with the greatest joy, exercis- ing the highest authority ? In that same province, moreover, with what feelings will he behold Caius Murena, his own brother ? What will be the grief of the one, what will be the agony of the other? What will be the lamentations of both ? How great will the vicissitudes of fortune appear, and what a change will there be in every one's conversation, when in the very places in which a few days before messengers and letters had repeated, with every indication of joy, that Murena had been made consul — in the very places from which his own friends and his hereditary connections flocked to Rome for the purpose of congratulating him, he himself arrives on a sudden as the messenger of his own misfortune ! And if these things seem bitter, and miserable, and grievous — if they are most for- eign to your general clemency and merciful disposition, O judges, then maintain the kindness done to him by the Roman people ; restore the consul to the republic ; grant this to his own modesty, grant it to his dead father, grant it to his race and family, grant it also to Lanuvium, that most honorable municipality, the whole population of which you have seen watching this cause with tears and mourning. Do not tear from his ancestral sacrifices to Juno Sospita, to whom all con- suls are bound to offer sacrifice, a consul who is so peculiarly her own. Him, if my recommendation has any weight, if my solemn assertion has any authority, I now recommend to you, O judges — I the consul recommend him to you as consul, promising and undertaking that he will prove most desirous of tranquillity, most anxious to consult the interests of virtuous men, very active against sedition, very brave in war, and an irreconcilable enemy to this conspiracy, which is at this mo- ment seeking to undermine the republic. FOR P SYLLA. 97 THE ORATION OF M. T. CICERO IN DEFENSE OF PUBLIU? SYLLA. THE ARGUMENT. Publius Sylla having been elected consul with Publius Autronius four years before, had been impeached for bribery, convicted, and deprived of his consulship. He had then been prosecuted by Torquatus. He was now impeached by the younger Torquatus, the son of his formel prosecutor, as having been implicated in both of Catiline's conspir- acies. (Autronius was accused also, and he also applied to Cicero ta defend him, but Cicero, being convinced that he was guilty, not only refused to defend him, but appeared as a witness against him.) Tor- quatus's real motive appears to have been jealousy of the fame which Cicero had obtained in his consulship ; and, in his speech for the pros' ecution, when he found that Cicero had' undertaken Sylla's cause, he had attacked Cicero himself, and tried to bring him into unpopularity, calling him a king who assumed a power to save or to destroy just as he thought fit ; and saying that he was the third foreign king that ha<7 reigned in Rome ; Numa and Tarquin being the two former. Sylla was acquitted. I. I should have been very glad, O judges, if Publius SyhV had been able formerly to retain the honor of the dignity to Which he was appointed, and had been allowed, after the mis' ibrtune which befell him, to derive some reward from hi,° .moderation in adversity. But since his unfriendly fortune has brought it about that he has been damaged, even at a time of his greatest honor, by the unpopularity ensuing not only from the common envy which pursues ambitious men. but also by the singular hatred in which Autronius is held, and that even in this sad and deplorable wreck of his former fortunes, he has still some enemies whose hostility he is unable to appease by the punishment which has fallen upon him; although I am very greatly concerned at his distresses, yet in his other misfortunes I can easily endure that an opportunity should be offeied to me of causing virtuous men to recognize my lenity and merciful disposition, which was formerly known to sve^v one. but which has of late been interrupted as it E t)6 CICERCVS ORATIONS. were ; and of forcing wicked and profligate citizens, being again defeated and vanquished, to confess that, when the re- public was in danger, I was energetic and fearless ; now that it is saved, I am lenient and merciful. And since Lucius Torquatus, O judges, my own most intimate friend, O judges, has thought that, if he violated our friendship and intimacy somewhat in his speech for the prosecution, he could by that means detract a little from the authority of my defense, I will unite with my endeavors to ward off danger from my client, a defense of my own conduct in the discharge of my duty. Not that I would employ that sort of speech at present, O judges, if my own interest alone were concerned, for on many occasions and in many places I have had, and I often shall have, opportunities of speaking of my own credit. But as he, judges, has thought that the more he could take away from my authority, the more also he would be diminishing my client's means of protection ; I also think, that if I can induce you to approve of the principles of my conduct, and my wis- dom in this discharge of my duty and in undertaking this defense, I shall also induce you to look favorably on the cause of Publius Sylla. And in the first place, O Torquatus, 1 ask you this, why you should separate me from the other illustrious and chief men of this city, in regard to this duty, and to the right of defending clients? For what is the reason why the act of Quintus Hortensius, a most illustrious man and a most accomplished citizen, is not blamed by you, and mine is blamed? For if a design of firing the city, and of extinguishing this empire, and of destroying this city, was entertained by Publius Sylla, ought not such projects to raise greater indignation and greater hatred against their authors in me than in Quintus Hortensius? Ought not my opinion to be more severe in such a matter, as to whom I should think fit to assist in these causes, whom to oppose, whom to defend, and whom to abandon? No doubt, says he, for it was you who investigated, you who laid open the whole conspiracy. II. And when he says this, he does not perceive that the man who laid it open took care that all men should see that which had previously been hidden. Wherefore that con- spiracy, if it was laid open by me, is now as evident in all its particulars to Hortensius as it is to me. And when you see that he, a man of such rank, and authority, and virtue, and FOR P. SYLLA. 99 wisdom, has not hesitated to defend this innocent Publius Sylla, I ask why the access to the cause which was open to Hortensius, ought to be closed against me? I ask this also — if you think that I, who defend him, am to be blamed, what do you think of those excellent men and most illustrious citizens, by whose zeal and dignified presence you perceive that this trial is attended, by whom the cause of my client is honored, by whom his innocence is upheld? For that is not the only method of defending a man's cause which con- sists in speaking for him. All who countenance him with their presence, who show anxiety in his behalf, who desire his safety, all, as far as their opportunities allow or their author- ity extends, are defending him. Ought I to be unwilling to appear on these benches on which I see these lights and orna- ments of the republic, when it is only by my own numerous and great labors and dangers that I have mounted into their rank, and into this lofty position and dignity which I now enjoy? And that you may understand, O Torquatus, whom you are accusing, if you are offended that I, who have defended no one on inquiries of this sort, do not abandon Publius Sylla, remember also the other men, whom you see countenancing this man by their presence. You will see that their opinion and mine has been one and the same about this man's case, and about that of the others. Who of us stood by Yargun- tius? No one. Not even this Quintus Hortensius, the very man who had formerly been Ids only defender when prose- cuted for corruption. For he did not think himself con- nected by any bond of duty with that man, when he, by the commission of such enormous wickedness, had broken asunder the ties of all duties whatever. Who of us countenanced Servius Sylla? who * * * ? who of us thought Marcus LEeca or Caius Cornelius fit to be defended? who of all the men whom you see here gave the countenance of his presence to any one of those criminals'? No one. Why was that? Because in other causes good men think that they ought not to refuse to defend even guilty men, if they are their own in- timate personal friends ; but, in this prosecution, there would not only be the fault of acting lightly, but there would be even some infection of wickedness which w r ould taint one who de- fended that man whom he suspected of being involved in the guilt of planning the parricide of his country. What was the case of Autronius ? did not his companions did not his own 100 CICERO'S ORATIONS. colleagues, did not his former friends, of whom he had at one time an ample number, did not all these men, who are the chief men in the republic, abandon him % Ay, and many of them even damaged him with their evidence. They made up their minds that it was an offense of such enormity, that they not only were bound to abstain from doing any thing to con- ceal it, but that it was their duty to reveal it, and throw all the light that they were able upon it. HI. What reason is there then for your wondering, if you see me countenancing this cause in company with those men, whom you know that I also joined in discountenancing the other causes by absenting myself from them. Unless you wish me to be considered a man of eminent ferocity before all other men, a man savage, inhuman, and endowed with an ex- traordinary cruelty and barbarity of disposition. If this be the character which, on account of all my exploits, you wish now to fix upon my whole life, O Torquatus, you are great- ly mistaken. Nature made me merciful, my country made me severe ; but neither my country nor nature has ever required me to be cruel. Lastly, that same vehement and fierce character which at that time the occasion and the republic imposed upon me, my oavu inclination and nature itself has now relieved me of; for my country required sever- ity for a short time, my nature requires clemency and lenity during my whole life. There is, therefore, no pretense for your separating me from so numerous a company of most honorable men. Duty is a plain thing, and the cause of all men is one and the same. You will have no reason to marvel hereafter, whenever you see me on the same side as you ob-r 'jerve these men. For there is no side in the republic in which I have a peculiar and exclusive property. The time for acting did belong more peculiarly to me than to the others; but the cause of indignation, and fear, and danger was common to us all. Nor, indeed, could I have been at that time, as I was, the chief man in providing for the safety of the state, if others had been unwilling to be my companions. AVherefore, it is inevitable that that which, when I was consul, belonged to me especially above all other men, should, now that I am a pri- vate individual, belong to me in common with the rest. Nor do I say this for the sake of sharing my unpopularity with others, but rather with the object of allowing them to partake of my praises. I will give a share of my burden to no one ,• FOR P. SYLLA. 101 but a share of my glory to all good men. " You gave evi- dence against Autronius," says he, " and you are defending Sylla." All this, O judges, has this object, to prove that, if I am an inconstant and fickle-minded man, my evidence ought not to be credited, and my defense ought not to carry any authority with it. But if there is found in me a proper con- sideration for the republic, a scrupulous regard to my duty, and a constant desire to retain the good-will of virtuous men, then there is nothing which an accuser ought less to say than that Sylla is defended by me, but that Autronius was injured by my evidence against him. For I think that I not only carry with me zeal in defending causes, but also that my de- liberate opinion has some weight ; which, however, I will use with moderation, O judges, and I would not have used it at all if he had not compelled me. IV. Two conspiracies are spoken of by you, O Torquatus ; one, which is said to have been formed in the consulship of Lepidus and Yolcatius, when your own father was consul elect ; the other, that which broke out in my consulship. In each of these you say that Sylla was implicated. You know that I was not acquainted with the counsels of your father, a most brave man, and a most excellent consul. You know, as there was the greatest intimacy between you and me, that I knew nothing of what happened, or of what was said in those times ; I imagine, because I had not yet become a thoroughly public character, because I had not yet arrived at the goal of honor which I proposed to myself, and because my ambition and my forensic labors separated me from all political deliberations. Who, then, was present at your coun- sels? All these men whom you see here, giving Sylla the countenance of their presence ; and among the first was Quintus Hortensius — who, by reason of his honor and worth, and his admirable disposition toward the republic, and be- cause of his exceeding intimacy with and excessive attach- ment to your father, was greatly moved by the thoughts of the common danger, and most especially by the personal peril of your father. Therefore, he was defended from the charge of being implicated in that conspiracy by that man who was present at and acquainted with all your deliberations, who was a partner in all your thoughts and in all your fears : and, ele- gant and argumentative as his speech in repelling this accusa- tion was, it carried with it as much authority as it displayed 102 CICERO'S ORATIONS. of ability. Of that conspiracy, therefore, which is said to have been formed against you, to have been reported to you, and to have been revealed by you, I was unable to say any thing as a witness. For I not only found out nothing, but scarcely did any report or suspicion of that matter reach my ears. They who were your counselors, who became acquainted with these things in your company — they who were supposed to be them- selves menaced with that danger, who gave no countenance to Autronius, who gave most important evidence against him — are now defending Publius Sylla, are countenancing him by their presence here ; now that he is in danger they declare that they were not deterred by the accusation of conspiracy from countenancing the others, but by the guilt of the men. But for the time of my consulship, and with respect to the charge of the greatest conspiracy, Sylla shall be defended by me. And this partition of the cause between Hortensius and me has not been made by chance, or at random, O judges, but, as we saw that we were employed as defenders of a man against those ac- cusations in which we might have been witnesses, each of us thought that it would be best for him to undertake that part of the case, concerning which he himself had been able to acquire some knowledge, and to form some opinions with certainty. V. And since you have listened attentively to Hortensius, while speaking on the charge respecting the former conspiracy, now, I beg you, listen to this first statement of mine respect- ing the conspiracy which was formed in my consulship. When I was consul I heard many reports, I made many in- quiries, I learned a great many circumstances, concerning the extreme peril of the republic. No messenger, no information, no letters, no suspicion ever reached me at any time in the least affecting Sylla. Perhaps this assertion ought to have great weight, when coming from a man who, as consul, had investigated the plots laid against the republic with prudence, had revealed them with sincerity, had chastised them with magnanimity, and who says that he himself never heard a word against Publius Sylla, and never entertained a suspicion of him. But I do not as yet employ this assertion for the purpose of defending him; I rather use it with a view to clear myself, in order that Torquatus may cease to wonder that I, who would not appear by the side of Autronius, am now defending Sylla. For what was the cause of Autronius 1 and what is the cause of Sylla ? The FOR P. SYLLA. 103 former tried to disturb and get rid of a prosecution for bribery by raising in the first instance a sedition among gladiators and runaway slaves, and after that, as we all saw, by stoning peo- ple, and collecting a violent mob. Sylla, if his own modesty and worth could not avail him, sought no other assistance. The former, w r hen he had been convicted, behaved in such a manner, not only in his secret designs and conversation, but in every look and in his whole countenance, as to appear an enemy to the most honorable orders in the state, hostile to every virtuous man, and a foe to his country. The latter considered himself so bowed down, so broken down by that misfortune, that he thought that none of his former dignity was left to him, except what he could retain by his present moderation. And in this conspiracy, w r hat union w r as ever so close as that between Autronius and Catiline, between Autro- nius and Lentulus? What combination was there ever be- tween any men for the most virtuous purposes, so intimate as his connection with them for deeds of wickedness, lust and audacity? what crime is there which Lentulus did not plot w r ith Autronius? what atrocity did Catiline ever commit with- out his assistance 1 while, in the mean time, Sylla not only ab- stained from seeking the concealment of night and solitude in their company, but he had never the very slightest intercourse with them, either in conversation or in casual meetings. The Allobroges, those who gave us the truest information on the most important matters, accused Autronius, and so did the letters of many men, and many private witnesses. All that time no one ever accused Sylla ; no one ever mentioned his name. Lastly, after Catiline had been driven out, or allowed to depart out of the city, Autronius sent his arms, trumpets, bugles, scythes, 1 standards, legions. He who was left in the city, but expected out of it, though checked by the punish- ment of Lentulus, gave way at times to feelings of fear, but never to any right feelings or good sense. Sylla, on the other hand, was so quiet, that all that time he was at Naples, where it is not supposed that there were any men who were impli- cated in or suspected of this crime ; and the place itself is one not so well calculated to excite the feelings of men in distress, as to console them. "VI. On account, therefore, of this great dissimilarity be- 1 Some commentators propose fasces instead of falces here, and it would certainly make much better sense. 104 CICERO'S ORATIONS. tween the men and the eases, I also behaved in a different manner to them both. For Autronius came to me, and he was constantly coming to me, with many tears, as a sup- pliant, to beg me to defend him, and he used to remind me that he had been my school-fellow in my childhood, my friend in my youth, and my colleague in the quaestorship. He used to enumerate many services which I had done him, and some also which he had done me. By all which circumstances, O judges, I was so much swayed and influenced, that I banished from my recollection all the plots which he had laid against me myself; that I forgot that Caius Cornelius had been lately sent by him for the purpose of killing me in my own house, in the sight of my wife and children. And if he had formed these designs against me alone, such is my softness and lenity of disposition, that I should never have been able to resist his tears and entreaties ; but when the thoughts of my country, of your dangers, of this city, of all those shrines»and temples which we see around us, of the infant children, and matrons, and virgins of the city occurred to me, and when those hostile*, and fatal torches destined for the entire conflagration of the whole city, when the arms which had been collected, when the slaughter and blood of the citizens, when the ashes of my country began to present themselves to my eyes, and to excite my feelings by the recollection, then I resisted him, then I resisted not only that enemy of his country, that parricide himself, but I withstood also his relations the Marcelli, father and son, one of whom was regarded by me with the respect due to a parent, and the other with the affection which one feels toward a son. And I thought that I could not, without being guilty of the very greatest wickedness, defend in their companion the same crimes which I had chastised in the case of others, when I knew him to be guilty. And, on the same principle, 1 could not endure to see Publius Sylla coming to ma as a suppliant, or these same Marcelli in tears at his danger ; nor could I resist the entreaties of Marcus Messala, whom vou see in court, a most intimate friend of my own. For, neither was his cause disagreeable to my natural disposition, nor had the man or the facts any thing in them at variance with my feelings of clemency, llis name had never been mentioned, there was no trace whatever of him in the conspiracy ; no in- formation had touched him, no suspicion had born breathed of him. I undertook his cause, O Torquatus; I undertook i^ FOR R SYLLA. 105 and I did so willingly, in order that, while good men had al- ways, as I hope, thought me virtuous and firm, not even bad men might be able to call me cruel. VII. This Torquatus then, O judges, says that he can not endure my kingly power. What is the meaning of my kingly power, O Torquatus ? I suppose you mean the power I ex- erted in my consulship ; in which I did not command at all, but, on the contrary, I obeyed the conscript fathers, and all good men. In my discharge of that office, O judges, kingly power was not established by me, but put down. Will you say that then, when I had such absolute power and authority over- all the military and civil affairs of the state, I was not a king, but that now, when I am only a private individual, I have the power of a king ? Under what title ? " Why? because," says he, " those against whom you gave evidence were convicted, and the man whom you defend hopes that he shall be acquit- ted." Here I make you this reply, as to what concerns my evidence : that if I gave false evidence, you also gave evidence against the same man ; if my testimony was true, then I say, that persuading the judges to believe a true statement, which one has made on oath, is a very different thing from being a king. And of the hopes of my client, I only say, that Publius Sylla does not expect from me any exertion of my influence or interest, or, in short, any thing except to defend him with good faith. " But unless you," says he, " had undertaken his cause, he would never have resisted me, but would have fled without saying a word in his defense." Even if I were to grant to you that Quintus Hortensius, being a man of such wisdom as he is, and that all these men of high character, rely not on their own judgment, but on mine ; if I were to grant to you, what no one can believe, that these men would not have countenanced Publius Sylla if I had not done so too ; still, which is the king, he whom men, though perfectly innocent, can not resist, or he who does not abandon men in misfortune 1 ? But here too, though you had not the least occasion for it, you took a fancy to be witty, when you called me Tarquin, and Numa, and the third foreign king of Rome. I won't say any more about the word king; but I should like to know why you called me a foreigner. For, if I am such, then it is not so marvelous that I should be a king — because, as you say yourself, foreigners have before now been kings at Rome — as that a foreigper should be a consul at Rome. " This is what J E 2 I 106 CICERO'S ORATIONS. mean," says he, " that you come from a municipal town." I confess that I do, and I add, that I come from that municipal town from which salvation to this city and empire has more than once proceeded. But I should like exceedingly to know from you, how it is that those men who come from the muni- cipal towns appear to you to be foreigners. For no one ever made that objection to that great man, Marcus Cato the elder, though he had many enemies, or to Titus Coruncanius, or to Marcus Curius, or even to that great hero of our own times, Caius Marius, through many men envied him. In truth, I am exceedingly delighted that I am a man of such a character that, when you were anxious to find fault with me, you could still find nothing to reproach me with which did not apply also to the greater part of the citizens. VIII. But still, on account of your great friendship and in- timacy, I think it well to remind you of this more than once — all men can not be patricians. If you would know the truth, they do not all even wish to be so ; nor do those of your own age think that you ought on that account to have precedence over them. And if we seem to you to be foreign- ers, we whose name and honors have now become familiar topics of conversation and panegyric throughout the city and among all men, how greatly must those competitors of yours seem to be foreigners, who now, having been picked out of all Italy, are contending with you for honor and for every dig- nity ! And yet take care that you do not call one of these a foreigner, lest you should be overwhelmed by the votes of the foreigners. For if they once bring their activity and perse- verance into action, believe me they will shake those arrogant expressions out of you, and they will frequently wake you from sleep, and will not endure to be surpassed by you in honors, un- less they are also excelled by you in virtue. And if, O judges, it is fit for me and you to be considered foreigners by the rest of the patricians, still nothing ought to be said about this blot by Torquatus. For he himself is, on his mother's side, a cit- izen of a municipal town ; a man of a most honorable and noble family, but still he comes from Asculum. Either let him, then, show that the Piccntians alone are not foreigners, or else let him congratulate himself that I do not put my family before his. So do not for the future call me a foreign- er, lest you meet with a sterner refutation ; and do not call me a king, lest you be laughed at. Unless, indeed, it appears FOR P. SYLLA. 107 to be the conduct of a king to live in such a manner as not to be slave not only to any man, but not even to any passion ; to despise all capricious desires ; to covet neither gold nor silver, nor any thing else ; to form one's opinions in the sen- ate with freedom; to consider the real interests of the peo- ple, rather than their inclinations ; to yield to no one, to op- pose many men. If you think that this is the conduct of a king, then I confess that I am a king. If my power, if my sway, if, lastly, any arrogant or haughty expression of mine moves your indignation, then you should rather allege that, than stoop to raise odium against me by a name, and to em- ploy mere abuse and insult. IX. If, after having done so many services to the republic, I were to ask for myself no other reward from the senate and people of Eome beyond honorable ease, who is there who would not grant it to me % If I were to ask, that they would keep all honors, and commands, and provinces, and triumphs, and all the other insignia of eminent renown to themselves, and that they would allow me to enjoy the sight of the city which I had saved, and a tranquil and quiet mind? What, however, if I do not ask this 1 what, if my former industry, my anxiety, my assistance, my labor, my vigilance is still at the service of my friends, and ready at the call of every one ? If my friends never seek in vain for my zeal on their behalf in the forum, nor the republic in the senate-house ; if neither the holiday earned by my previous achievements, nor the ex- cuse which my past honors or my present age might supply me with, is employed to save me from trouble ; if my good-will, my industry, my house, my attention, and my ears are always open to all men ; if I have not even any time left to recollect and think over those things which I have done for the safety of the whole body of citizens ; shall this still be called kingly power, when no one can possibly be found who would act as my substitute in it ? All suspicion of aiming at kingly power is very far removed from me. If you ask who they are who have endeavored to assume kingly power in Eome, without unfolding the records of the public annals, you may find them among the images in your own house. I suppose it is my achievements which have unduly elated me, and have inspired me with I know not how much pride. Concerning which deeds of mine, illustrious and immortal as they are, O judges, 1 can say thus much — that I, who have saved this city, and 108 CICERO'S ORATIONS. the lives of all the citizens, from the most extreme dangers, shall have gained quite reward enough, if no danger arises to myself out of the great service which I have done to all men. In truth, I recollect in what state it is that I have done such great exploits, and in what city I am living. The forum is full of those men whom I, O judges, have taken off from your necks, but have not removed from my own. Unless you think that they were only a few men, who were able to at- tempt or to hope that they might be able to destroy so vast an empire. I was able to take away their fire-brands, to wrest their torches from their hands, as I did ; but their wicked and impious inclinations I could neither cure nor eradicate. Therefore I am not ignorant in what danger I am living among such a multitude of wicked men, since I see that I have undertaken single-handed an eternal war against all wicked men. X. But if, perchance, you envy that means of protection which I have, and if it seems to you to be of a kingly sort — namely, the fact that all good men of all ranks and classes consider their safety as bound up with mine — comfort your- self with the reflection that the dispositions of all wicked men are especially hostile to and furious against me alone; and they hate me, not only because I repressed their profligate attempts and impious madness, but still more because they think that, as long as I am alive, they can attempt nothing more of the same sort. But why do I wonder if any wicked thing is said of me by wicked men, where Lucius Torquatus himself, after having in the first place laid such a foundation of virtue as he did in his youth, after having proposed to himself the hope of the most honorable dignity in the state, and, in the second place, being the son of Lucius Torquatus, a most intrepid consul, a most virtuous senator, and at all times a most admirable citizen, is sometimes run away with by impetuosity of language 1 For when he had spoken in a low voice of the wickedness of Publius Lentulus, and of the audacity of all the conspirators, so that only you, who ap- prove of those things, could bear what he said, he spoke with a loud querulous voice of the execution of Publius Lentulus and of the prison ; in which there was, first of all, this absurd- ity, that when he wished to gain your approval of the incon- siderate things which he had said, but did not wish those FOR P. SYLLA 109 men, who were standing around the tribunal, to hear them, he did not perceive that, while he was speaking so loudly, those men whose favor he was seeking to gain could not hear him, without your hearing him too, who did not approve of what he was saying ; and, in the second place, it is a great defect in an orator not to see what each cause requires. For nothing is so inconsistent, as for a man who is accusing another of conspiracy, to appear to lament the punishment and death of conspirators ; which is not, indeed, strange to any one, when it is done by that tribune of the people who appears to be the only man left to bewail those conspirators ; for it is difficult to be silent when you are really grieved. But, if you do any thing of that sort, I do greatly marvel at you, not only because you are such a young man as you are, but because you do it in the very cause in which you wish to appear as a punisher of conspiracy. However, what I find fault with most of all, is this : that you, with your abilities and your prudence, do not maintain the true interest of the republic, but believe, on the contrary, that those actions are not approved of by the Roman people, which, when 1 was con- sul, were done by all virtuous men, for the preservation of the common safety of all. XI. Do you believe that any one of those men who are here present, into whose favor you were seeking to insinuate yourself against their will, was either so wicked as to wish all these things to be destroyed, or so miserable as to wish to perish himself, and to have nothing which he wished to pre- serve? Is there any one who blames the most illustrious man of your family and name, who deprived his own son 1 of life in order to strengthen his power over the rest of hi? army ; and do you blame the republic for destroying domestic enemies in order to avoid being herself destroyed by them? Take notice then, O Torquatus, to what extent I shirk the avowal of the actions of my consulship. I speak, and I always will speak, with my loudest voice, in order that all men may be able to hear me : be present all of you with your minds, ye who are present with your bodies, ye in whose numerous attendance I take great pleasure ; give me your attention 1 This refers to the story of Titus Manlius Torquatus, who, in the Latin war (a.u.c. 415), put his own son to death for leaving his ranks (in forgetfulness of a general order issued by his father the consul) to fight Geminius Metius, whom he slew. The story is told by Livy, lib. iii. c 7. 110 CICERO'S ORATIONS. and all your ears, and listen to me while I speak of what he believes to be unpopular topics. I, as consul, when an army of abandoned citizens, got together by clandestine wickedness, had prepared a most cruel and miserable destruc- tion for my country ; when Catiline had been appointed to manage the fall and ruin of the republic in the camp, and when Lentulus was the leader among these very temples and houses around us ; I, I say, by my labors, at the risk of my own life, by my prudence, without any tumult, without making any extraordinary levies, without arms, without an army, having arrested and executed five men, delivered the city from conflagration, the citizens from massacre, Italy from devastation, the republic from destruction. I, at the price of the punishment of five frantic and ruined men, ran- somed the lives of all the citizens, the constitution of the whole world, this city, the home of all of us, the citadel of foreign kings and foreign nations, the light of all people, the abode of empire. Did you think that I would not say this in a court of justice when I was not on my oath, which I had said before now in a most numerous assembly when speaking^- on oath ? XII. And I will say this further, O Torquatus, to prevent any wicked man from conceiving any sudden attachment to, or any sudden hopes of you ; and, in order that every one may hear it, I will say it as loudly as I can : Of all those things which I undertook and did during my consulship in defense of the common safety, that Lucius Torquatus, being my constant comrade in my consulship, and having been so also in my praetorship, was my defender, and assistant, and partner in my actions ; being also the chief, and the leader, and the standard-bearer of the Roman youth ; and his father, a man most devoted to his country, a man of the greatest courage, of the most consummate political wisdom, and of sin- gular firmness, though he was sick, still was constantly present at all my actions ; he never left my side : he, by his zeal and 1 This refers to Cicero's conduct when resigning his consulship. Me- tellus, as has been said before, refused to allow him to make a speech to the people, because, as he said, he had put Roman citizens to death with- out a trial ; on which Cicero, instead of making oath in the ordinary for- mula, that he had discharged his duty with fidelity, swore with a loud voice "that the republic and the city had been saved by his unassisted labor ;" and all the Roman people cried out with one voice that that state- ment was true to its fullest extent. See Cic. in Pis 3. FOR P. SYLLA. U\ wisdom and authority was of the very greatest assistance to me, overcoming the infirmity of his body by the vigor of hig mind. Do you not see now, how I deliver you from the dan- ger of any sudden popularity among the wicked, and reconcile you to all good men ? who love you, and cherish you, and who always will cherish you ; nor, if perchance you for a while abandon me, will they on that account allow you to abandon them and the republic and your own dignity. But now I return to the cause ; and I call you, O judges, to bear witness to this — that this necessity of speaking ox myself was imposed on me by him. For if Torquatus had been content with accusing Sylla, I too at the present time should have done nothing beyond defending him who had been accused; but when he, in his whole speech, inveighed against me, and when, in the very beginning, as I said, he sought to deprive my defense of all authority, even if my indignation had not compelled me to speak, still the necessity of doing justice to my cause would have demanded this speech from me. XIII. You say that Sylla was named by the Allobroges. Who denies it % but read the information, and see how he was named. They said that Lucius Cassius had said that, among other men, Autronius was favorable to their designs. I ask, did Cassius say that Sylla was? Never. They say that they themselves inquired of Cassius what Sylla' s opinions were. Observe the diligence of the Gauls. They, knowing nothing of the life or character of the man, but only having heard that he and Autronius had met with one common disaster, asked whether his inclinations were the same ? What then ? Even if Cassius had made answer that Sylla was of the same opinion, and was favorable to their views, still it would not seem to me that that reply ought to be made matter of accu- sation against him. How so ? Because, as it was his object to instigate the barbarians to war, it was no business of his to weaken their expectations, or to acquit those men of whom they did entertain some suspicions. But yet he did not reply that Sylla was favorable to their designs. And, in truth, it would have been an absurdity, after he had named every one else of his own accord, to make no mention of Sylla till he was reminded of him and asked about him. Unless you think this probable, that Lucius Cassius had quite forgotten the name of Publius Sylla Even if the high rank of the 112 CICERO'S ORATIONS. man, and his unfortunate condition, and the relics of his an- cient dignity, had not made him notorious, still the mention of Autronius must have recalled Sylla to his recollection. In truth, it is my opinion, that, when Cassius was enumerating the authority of the chief men of the conspiracy, for the pur- pose of exciting the minds of the Allobroges, as he knew that the foreign nations are especially moved by an illustrious name, he would not have named Autronius before Sylla, if he had been able to name Sylla at all. But no one can be induced to believe this — that the Gauls, the moment that Au- tronius was named, should have thought, on account of the similarity of their misfortunes, that it was worth their while to make inquiries about Sylla, but that Cassius, if he really was implicated in this wickedness, should never have once recollected Sylla, even after he had named Autronius. How- ever, what was the reply which Cassius made about Sylla? He said that he was not sure. " He does not acquit him," says Torquatus. I have said before, that, even if he had ac- cused him, when he was interrogated in this manner, his reply ought not to have been made matter of accusation against Sylla. But I think that, in judicial proceedings and exam- inations, the thing to be inquired is, not whether any one is exculpated, but whether any one is inculpated. And in truth, when Cassius says that he does not know, is he seeking to exculpate Sylla, or proving clearly enough that he really does not know? He is unwilling to compromise him with the Gauls. Why so I That they may not mention him in their information 1 What ? If he had supposed that there was any danger of their ever giving any information at all, would he have made that confession respecting himself? He did not know it. I suppose, O judges, Sylla was the only per- son about whom Cassius was kept in the dark. For he certain- ly was well informed about every one else ; and it was thor- oughly proved that a great deal of the conspiracy was hatch- ed at his house. As he did not like to deny that Sylla made one of the conspirators, his object being to give the Gauls as much hope as possible, and as he did not venture to assert what was absolutely false, he said that he did not know. But this is quite evident, that as he, who knew the truth about every one, said that he did not know about Sylla, the samo weight is due to this denial of his as if he had saM that he did know that he had nothing to do with the conspiracy. Fo* FOR P. SYLLA. 113 •when it is perfectly certain that a man is acquainted with all the conspirators, his ignorance of any one ought to be consid- ered an acquittal of him. But I am not asking now whether Cassius acquits Sylla ; this is quite sufficient for me, that there is not one word to implicate Sylla in the whole information of the Allobroses. XIV. Torquatus being cut off from this article of his accu- sation, a^ain turns against me, and accuses me. He says that I have made an entiy in the public registers of a different statement from that which was really made. O ye immortal gods (for I will give you what belongs to you ; nor can I attribute so much to my own ability, as to think that I was able, in that most turbulent tempest which was afflicting the republic, to manage, of my own power, so many and such important affairs — affairs arising so unexpectedly, and of such various characters) ! it was you, in truth, who then inflamed my mind with the desire of saving my country; it was you who turned me from all other thoughts to the one idea of preserving the republic ; it was you who, amid all that dark- ness of error and ignorance, held a bright light before my mind ! I saw this, O judges, that unless, while the recollec- tion of the senate on the subject was still fresh, I bore evi- dence to the authority and to the particulars of this informa- tion by public records, hereafter some one, not Torquatus, nor any one like Torquatus (for in that indeed I have been much deceived), but some one who had lost his patrimony, some enemy of tranquillity, some foe to all good men, would say that the information given had been different ; in order the more easily, when some gale of odium had been stirred up against all virtuous men, to be able, amid the misfortunes of the republic, to discover some harbor for his own broken vessel. Therefore, having introduced the informers into the senate, I appointed senators to take down every statement made by the informers, every question that was asked, and every answer that was given. And what men they were ! Not only men of the greatest virtue and good faith, of winch sort of men there are plenty in the senate, but men, also, who I knew from their memory, from their knowledge, from their habit and rapidity of writing, could most easily follow every thing that was said. I selected Caius Cosconius, who was praetor at the time ; Marcus INlessala, who was at the time standing for the praetorship ; Publius Nigidius, and Appius 114 CICERO'S ORATIONS. Claudius. I believe that there is no one who thinks that these men were deficient either in the good faith or in the ability requisite to enable them to give an accurate report. XV. What followed? What did I do next? As I knew that the information was by these means entered among the public documents, but yet that those records would be kept in the custody of private individuals, according to the customs of our ancestors, I did not conceal it ; I did not keep it at my own house ; but I caused it at once to be copied out by sev- eral clerks, and to be distributed every where, and published and made known to the Roman people. I distributed it all over Italy, I sent copies of it into every province ; I wish no one to be ignorant of that information, by means of which safety was procured for all. And I took this precaution, though at so disturbed a time, and when all opportunities of acting were so sudden and so brief, at the suggestion of some divine providence, as I said before, and not of my own accord, or of my own wisdom ; taking care, in the first instance, that no one should be able to recollect of the danger to the repub- lic, or to any individual, only as much as he pleased ; and in the second place, that no one should be able at any time to find fault with that information, or to accuse us of having given credit to it rashly ; and lastly, that no one should ever put any questions to me, or seek to learn any thing from my private journals, lest I might be accused of either forgetting or re- membering too much, and lest any negligence of mine should be thought discreditable, or lest any eagerness on my part might seem cruel. But still, O Torquatus, I ask you, as your enemy was men- tioned in the information, and as a full senate and the mem- ory of all men as to so recent an affair was a witness of that fact ; as my clerks would have communicated the informa- tion to you, my intimate friend and companion, if you had wished for it, even before they had taken a copy of it ; when you saw that there were any incorrectnesses in it, why were you silent, why did you permit them? Why did you not make a complaint to me or to some friend of mine ? or Why did you not at least, since you are so well inclined to inveigh against your friends, expostulate passionately and earnestly with me"? Do you, when your voice was never once heard at the time, when, though the information was read, and copied out, and published, you kept silence then — do you, I FOR P. SYLLA. 115 &nv, now on a sudden dare to bring forward a statement of such importance? and to place yourself in such a position that, before you can convict me of having tampered with the information, you must confess that you are convicted yourself of the grossest negligence, on your own information laid against yourself ? XVI. Was the safety of any one of such consequence to me as to induce me to forget my own? or to make me con- taminate the truth, which I had laid open, by any lie ? Or do you suppose that I would assist any one by whom I thought that a cruel plot had been laid against the republic, and most especially against me the consul 1 But if I had been forgetful of my own severity and of my own virtue, was I so mad, as, when letters are things which have been devised for the sake of posterity, in order to be a protection against forgetfulness, to think that the fresh recollection of the whole senate could be beaten down by my journal 1 I have been bearing with you, O Torquatus, for a long time. I have been bearing with you ; and sometimes I, of my own accord, call back and check my inclination, when it has been provoked to chastise your speech. I make some allowance for your violent tem- per, I have some indulgence for your youth, I yield somewhat to our own friendship, I have some regard to your father. But unless you put some restraint upon yourself, you will compel me to forget our friendship, in order to pay due regard to my own dignity. No one ever attempted to attach the slightest suspicion to me, that I did not defeat him ; but I wish you to believe me in this ; those whom I think that I can defeat most easily, are not those whom I take the greatest pleasure in answering. Do you, since you are not at all igno- rant of my ordinary way of speaking, forbear to abuse my lenity. Do not think that the stings of my eloquence are taken away, because they are sheathed. Do not think that that power has been entirely lost, because I show some con- sideration for, and indulgence toward you. In the first place, the excuses which I make to myself for your injurious con- duct, your violent temper, your age, and our friendship, have much weight with me ; and, in the next place, I do not yet consider you a person of sufficient power to make it worth my while to contend and argue with you. But if you were more capable through age and experience, I should pursue the conduct which is habitual to me when I have been pro- 116 CICERO'S ORATIONS. voked; at present I will deal with you in such a way that 1 shall seem to have received an injury rather than to have re- guited one. XVII. Nor, indeed, can I make out why you are angry with me. If it is because I am defending a man whom you are ac- cusing, why should not I also be angry with you, for accusing a man whom I am defending*? "I," say you, "am accusing my enemy." And I am defending my friend. "But you ought not to defend any one who is being tried for conspira- cy." On the contrary, no one ought to be more prompt to de- fend a man of whom he has never suspected any ill, than he who has had many reasons for forming opinions about other men. "Why did you give evidence against others?" Be- cause I was compelled. "Why were they convicted?" Be- cause my evidence was believed. " It is behaving like a king to speak against whomsoever you please, and to defend whom- soever you please." Say, rather, that it is slavery not to be able to speak against any one you choose, and to defend any one you choose. And if you begin to consider whether it was more necessary for me to do this, or for you to do that, you will perceive that you could with more credit fix a limit to your enmities than I could to my humanity. But when the greatest honors of your family were at stake, that is to say, the consulship of your father, that wise man your father was not angry with his most intimate friends for defending and praising Sylla. He was aware that this was a principle handed down to us from our ancestors, that we were not to be hindered by our friendship for any one, from ward- ing off dangers from others. And yet that contest was far from resembling this trial. Then, if Publius Sylla could bo put down, the consulship would be procured for your father, as it was procured ; it was a contest of honor ; you were cry- ing out, that you were seeking to recover what had been taken from you, in order that, having been defeated in the Campus Martius, you might succeed in the forum. Then, those who were contending against you for Sylla' s safety, your greatest friends, with whom you were not angry on that account, deprived you of the consulship, resisted your acquisition of honor; and yet they did so without any rupture of your mu- tual friendship, without violating any duty, according to an- cient precedent and the established principles of every good man FOR P. SYLLA. 117 XVm. But now what promotion of yours am I opposing ? or what dignity of yours am I throwing obstacles in the way of? What is there which you can at present seek from this proceeding? Honor has been conferred on your father; the insignia of honor have descended to you. You, adorned with his spoils, come to tear the body of him whom you have slain ; I am defending and protecting him who is lying prostrate and stripped of his arms. And on this you find fault with me, and are angry because I defend him. But I not only am not angry with you, but I do not even find fault with your pro- ceeding For I imagine that you have laid down a rule for yourself as to what you thought that you ought to do, and that you have appointed a very capable judge of your duty. " Oh, but the son of Caius Cornelius accuses him, and that ought to have the same weight as if his father had given in- formation against him." O wise Cornelius — the father, I mean — who left all the reward which is usually given for informa- tion, but has got all the discredit which a confession can in- volve, through the accusation brought by his son ! However, what is it that Cornelius gives information of by the mouth of that boy ! If it is a part of the business which is unknown to me, but which has been communicated to Hortensius, let Hortensius reply. If, as you say, his statement concerns that crew of Autronius and Catiline, when they intended to commit a massacre in the Campus Martius, at the consular comitia, which were held by me ; we saw Autronius that day in the Campus. And why do I say we saw f I myself saw him (for you at that time, O judges, had no anxiety, no suspicions ; I, protected by a firm guard of friends at that time, checked me forces and the endeavors of Catiline and Autronius). Is there, then, any one who says that Sylla at that time had any idea of coming into the Campus ! And yet, if at that time he hacl united himself with Catiline in that society of wickedness, why did he leave him 1 why was not he with Autronius 1 why, when their cases were similar, are -not similar proofs of crim- inality found ! But since Cornelius himself even now hesitates about giving information against him, he, as you say, contents himself with filling up the outline of his son's information. "What then does he say about that night, when, according to the orders of Catiline, he came into the Scythe-makers' l street, to the house of Marcus Lecca, that night which followed the 1 This was the name of a street. ;i& CICERO'S ORATIONS. sixth of November, in my consulship ! that night which of all the moments of the conspiracy was the most terrible and the most miserable. Then the day in which Catiline should leave the city, then the terms on which the rest should remain be- hind, then the arrangement and division of the whole city, with regard to the conflagration and the massacre, was settled. Then your father, O Cornelius, as he afterward confessed, beg- ged for himself that especial employment of going the first thing in the morning to salute me as consul, in order that, having been admitted, according to my usual custom and to the privilege which his friendship with me gave him, he might slay me in my bed. XIX. At this time, when the conspiracy was at its height ; when Catiline was starting for the army, and Lentulus was being left in the city ; when Cassius was being appointed to superintend the burning of the city, and Cethegus the mas- sacre ; when Autronius had the part allotted to him of occupying Italy ; when, in short, every thing was being ar- ranged, and settled, and prepared ; where, O Cornelius, was Sylla I Was he at Rome 1 No, he was very far away. Was he in those districts to which Catiline was betaking himself ! PL* was still farther from them. Was he in the Camertine, or Picenian, or Gallic district 1 lands which the disease, as it were, of that phrensy had infected most particularly. Noth- ing is further from the truth ; for he was, as I have said al- ready, at Naples. He was in that part of Italy which above all others was free from all suspicion of being implicated in that business. What then does he state in his information, or what does he allege — I mean Cornelius, or you who bring these messages from him ? He says that gladiators were bought, under pretense of some games to be exhibited by Faustus, for the purposes of slaughter and tumult. Just so ; the gladiators are mentioned whom we know that he was bound to provide according to his father's will. "But he seized on a whole household of gladiators ; and if he had left that alone, some other troop might have discharged the duty to which Faustus was bound." I wish this troop could satisfy not only the envy of parties unfavorable to* him, but even the expectations of reasonable men. " He was in a desperate hurry, when the time for the exhibition was still far oiF." As if, in reality, the time for the exhi- bition was not drawing very near. This household of slavea FOR P. SYLLA. 119 was got without Faustus having any idea of such a step ; for he neither knew of it, nor wished it. But there are letters of Faustus's extant, in which he begs and prays Publius Sylla to buy gladiators, and to buy this very troop : and not only were such letters sent to Publius Sylla, but they were sent also to Lucius Caesar, to Quintus Pompeius, and to Caius Memmius, by whose advice the whole busi- ness was managed. But Cornelius 1 was appointed to man- age the troop. If in the respect of the purchase of this household of gladiators no suspicion attaches to the cir- cumstances, it certainly can make no difference that he was appointed to manage them afterward. But still, he in real- ity only discharged the servile duty of providing them with arms ; but he never did superintend the men themselves ; that duty was always discharged by Balbus, a freedman of Faustus. XX. But Sittius was sent by him into farther Spain, in order to excite sedition in that province. In the first place, O judges, Sittius departed, in the consulship of Lucius Julius and Caius Figulus, some time before this mad business of Catiline's, and before there was any suspicion of this con- spiracy. In the second place, he did not go there for the first time, but he had already been there several years before, for the same purpose that he went now. And he went, not only with an object, but with a necessary object, having some im- portant accounts to settle with the king of Mauritania. But then, after he was gone, as Sylla managed his affairs as his agent, he sold many of the most beautiful farms of Publius Sittius, and by this means paid his debts ; so that the motive which drove the rest to this wickedness, the desire, namely, of retaining their possessions, did not exist in the case of Sittius r who had diminished his landed property to pay his debts. But now, how incredible, how absurd is the idea that a man who wished to make a massacre at Rome, and to burn down this city, should let his most intimate friend depart, should send him away into the most distant countries ! Did he so in order the more easily to effect what he was endeavoring to do at Rome, if there were seditions in Spain ? " But these things were done independently, and had no connection with one another." Is it possible, then, that he should have thought 1 This Cornelius is not the Roman knight mentioned before, but some freedman of Publius Sylla. 120 CICERO'S ORATIONS. it desirable, when engaged in such important affairs, in such novel, and dangerous, and seditious designs, to send away a man thoroughly attached to himself, his most intimate friend, one connected with himself by reciprocal good offices and by constant intercourse ? It is not probable that he should send away, when in difficulty, and in the midst of troubles of his own raising, the man whom he had always kept with him in times of prosperity and tranquillity. But is Sittius himself (for I must not desert the cause of my old friend and host) a man of such a character, or of such a family and such a school, as to allow us to believe that he wished to make war on the republic? Can we believe that he, whose father, when all our other neighbors and borderers revolted from us, behaved with singular duty and loyalty to our republic, should think it possible himself to undertake a nefarious war against his country? A man whose debts we see were contracted, not out of luxury, but from a desire to increase his property, which led him to involve himself in bus- iness ; and who, though he owed debts at Eome, had very large debts owing to him in the provinces and in the confeder- ate kingdoms ; and when he was applying for them he would not allow his agents to be put in any difficulty by his absence, but preferred having all his property sold, and being stripped himself of a most beautiful patrimony, to allowing any delay to take place in satisfying his creditors. And of men of that sort I never, O judges, had any fear when I was in the mid- dle of that tempest which afflicted the republic. The sort of men who were formidable and terrible, were those who clung to their property with such affection that you would say it was easier to tear their limbs from them than their lands ; but Sittius never thought that there was such a relationship be- tween him and his estates ; and therefore he cleared himself, not only from all suspicion of Such wickedness as theirs, but even from being talked about, not by arms, but at the expense of his patrimony. XXI. But now, as to what he adds, that the inhabitants of Pompeii were excited by Sylla to join that conspiracy and that abominable wickedness, what sort of statement that is I am quite unable to understand. Do the people of Pompeii appear to have joined the conspiracy ? Who has ever said so ? or when was there the slightest suspicion of this fact? "He separated then," says he, " from the settlers, in order that when FOR P. SYLLA. 121 he had excited dissensions and divisons within, he might be able to have the town and nation of Pompeii in his power." In the first place, every circumstance of the dissension be- tween the natives of Pompeii and the settlers was referred to the patrons of the town, being a matter of long standing, and having been going on many years. In the second place, the matter was investigated by the patrons in such a way, that Sylla did not in any particular disagree with the opinions of the others. And lastly, the settlers themselves understand that the natives of Pompeii were not more defended by Sylla than they themselves were. And this, O judges, you may ascertain from the number of settlers, most honorable men, here present ; who are here now, and are anxious and above all things desirous that the man, the patron, the defender, the guardian of that colony (if they have not been able to see him in the safe enjoyment of every sort of good for- tune and every honor), may at all events, in the present mis- fortune by which he is attacked, be defended and preserved by your means. The natives of Pompeii are here also with equal eagerness, who are accused as well as he is by the pros- ecutors ; men whose differences with the settlers about walks and about votes have not gone to such lengths as to make them differ also about their common safety. And even this virtue of Publius Sylla appears to me to be one which ought not to be passed over in silence ; that though that col- ony was originally settled by^ him, and though the fortune of the Roman people has separated the interests of the set- tlers from the fortunes of the native citizens of Pompeii, he is still so popular among, and so much beloved by both par- ties, that he seems not so much to have dispossessed the one party of their lands as to have settled both of them in that country. XXII. " But the gladiators, and all those preparations for violence, were got together because of the motion of Crecil- ius." And then he inveighed bitterly against Cascilius, a most virtuous and most accomplished man, of whose virtue and constancy, O judges, I will only say thus much — that he behaved in such a manner with respect to that motion which he brought forward, not for the purpose of doing away with, but only of relieving his brother's misfortune, that, though he wished to consult his brother's welfare, he was unwilling to oppose the interests of the republic ; he proposed his law F 122 CICERO'S ORATIONS. under the impulse of brotherly affection, and he abandoned it because he was dissuaded from it by his brother's authority. And Sylla is accused by Lucius Ca3cilius, in that business in which both of them deserve praise. In the first place, Caecil- ius, for having proposed a law by which he appeared to wish to rescind an unjust decision ; and Sylla, who reproved him, and chose to abide by the decision. For the constitution of the republic derives its principal consistency from formal legal decisions. Nor do I think that any one ought to yield so much to his love for his brother as to think only of the wel- fare of his own relations, and to neglect the common safety of all. He did not touch the decision already given, but he took away the punishment for bribery which had been lately established by recent laws. And, therefore, by this motion he was seeking, not to rescind a decision, but to correct a de- fect in the law. When a man is complaining of a penalty, it is not the decision with which he is finding fault, but the law. For the conviction is the act of judges, and that is let stand; the penalty is the act of the law, and that may be lightened. Do not, therefore, alienate from your cause the inclinations of those orders of men which preside over the courts of jus- tice with the greatest authority and dignity. No one has at- tempted to annul the decision which has been given ; noth- ing of that sort has been proposed. What Cascilius always thought while grieved at the calamity which had befallen his brother, was, that the power of the judges ought to be pre- served unimpaired, but that the severity of the law required to be mitigated. XXIII. But why need I say more on this topic ? I might speak perhaps, and I would speak willingly and gladly, if affection and fraternal love had impelled Lucius Cascilius a little beyond the limits which regular and strict duty requires of a man ; I would appeal to your feelings, I would invoke the affection which every one feels for his own relations; I would solicit pardon for the error of Lucius Crecilius, from your own inmost thoughts and from the common humanity of all men. The law was proposed only a few days ; it was nev- er begun to be put in train to be carried ; it was laid on the table in the senate. On the first of January, when we had summoned the senate to meet in the Capitol, nothing took pre- cedence of it ; and Quintus Metellus the prsetor said, that what he was saying was by the command of Sylla ; that Sylla did FOR P. SYLLA. 123 not wish such a motion to be brought forward respecting his case. From that time forward Caecilius applied himself to many measures for the advantage of the republic ; he declared that he by his intercession would stop the agrarian law, which was in every part of it denounced and defeated by me. He resisted infamous attempts at corruption ; he never threw any obstacles in the way of the authority of the senate. He be- haved himself in his tribuneship in such a manner, that, lay- ing aside all regard for his own domestic concerns, he thought of nothing for the future but the welfare of the republic. And even in regard to this very motion, who was there of us who had any fears of Sylla or Csecilius attempting to cany any point by violence ? Did not all the alarm that existed at that time, all the fear and expectation of sedition, arise from the villainy of Autronius ? It was his expressions and his threats which were bruited abroad ; it was the sight of him, the mul- titudes that thronged to him, the crowd that escorted him, and the bands of his abandoned followers, that caused all the fear of sedition which agitated us. Therefore, Publius Sylla, as this most odious man was then his comrade and partner, not only in honor but also in misfortune, was compelled to lose his own good f&rtune, and to remain under a cloud without any remedy or alleviation. 4r^^rr« At this point you are constantly reading passages from my letter, which I sent to Cnaeus Pompeius about my own achievements, and about the general state of the republic ; and out of it you seek to extract some charge against Publius Sylla. And because I wrote that an attempt of incredible madness, conceived two years before, had broken out in my consulship, you say that I, by this expression, have proved that Sylla was in the former conspiracy. I suppose I think that Cnseus Piso, and Catiline, and Yargunteius were not able to do any wicked or audacious act by themselves, without the aid of Publius Sylla ! But even if any one had had a doubt on that subject before, would he have thought (as you accuse him of having done) of descending, after the murder of your father, who was then consul, into the Campus on the first of January with the lictors ! This suspicion, in fact, you removed yourself, when you said that he had prepared an armed band and cherished violent designs against your father, in order to make Catiline consul. And if I grant you this, then you must grant to me that Sylla, when he was voting for Catiline, had 124 CICERO'S ORATIONS. no thoughts of recovering by violence his own consulship, which he had lost by a judicial decision. P'or his character is not one, O judges, which is at all liable to the imputation of such enormous, of such atrocious crimes. For I will now proceed, after I have refuted all the charges against him, by an arrangement contrary to that which is usually adopted, to speak of the general course of life and habits of my client. In truth, at the beginning I was eager to encounter the greatness of the accusation, to satisfy the expect- ations of men, and to say something also of myself, since I too had been accused. But now I must call you back to that point to which the cause itself, even if I said nothing, would compel you to direct all your attention. XXV. In every case, O judges, which is of more serious importance than usual, we must judge a good deal as to what every one has wished, or intended, or done, not from the counts of the indictment, but from the habits of the person who is accused. For no one of us can have his character modeled in a moment, nor can any one's course of life be altered, or his natural disposition changed on a sudden. Sur- vey for a moment in your mind's eye, O judges (to say no- thing of other instances), these very men who were implicated in this wickedness. Catiline conspired against the republic. Whose ears were ever unwilling to believe in this attempt on the part of a man who had spent his whole life, from his boyhood upward, not only in intemperance and debauch- ery, but who had devoted all his energies and all his zeal to every sort of enormity, and lust, and bloodshed 1 "Who marveled that that man died fighting against his country, whom all men had always thought born for civil war? "Who is there that recollects the way in which Lentulus was a part- ner of informers, or the insanity of his caprices, or his perverse and impious superstition, who can wonder that he cherished either wicked designs, or insane hopes ? Who ever thinks of Caius Cethegus and his expedition into Spain, and the wound inflicted on Quintus Metellus Pius, without seeing that a prison was built on purpose to be the scene of his punishment 1 I say nothing of the rest, that there may be some end to my instances. I only ask you, silently to recollect all those men who are proved to have been in this conspiracy. You will see that every one of those men was convicted by his own manner of life, before he was condemned by our suspicion. FOR P. SYLLA 12,1 And as for Autronius himself (since his name is the most nearly connected with the danger in which my client is, and with the accusation which is brought against him), did not the manner in which he had spent all his early life convict him ? He had always been audacious, violent, profligate. We know that in defending himself in charges of adultery, he was accustomed to use not only the most infamous language, but even his fists and his feet. We know that he had been ac- customed to drive, men from their estates, to murder his neigh- bors, to plunder the temples of the allies, to disturb the courts of justice by violence and arms ; in prosperity to despise every body, in adversity to fight against all good men ; never to regard the interests of the republic, and not to yield even to fortune herself. Even if he were not convicted by the most irresistible evidence, still his own habits and his past life would convict him. XXVI. Come now, compare with those men the life of Pub- lius Sylla, well known as it is to you and to all the Roman people ; and place it, O judges, as it were before your eyes. Has there ever been any act or exploit of his which has seemed to any one, I will not say audacious, but even rather inconsid- erate % Do I say any act ? Has any word ever fallen from his lips by which any one could be offended ? Ay, even in that terrible and disorderly victory of Lucius SyTla, w r ho was found more gentle or more merciful than Publius Sylla? How many men's wives did he not save by begging them of Luciua Sylla ! How many men are there of the highest rank and of the greatest accomplishments, both of our order and of the equestrian body, for whose safety he laid himself under obliga- tions to Lucius Sylla ! whom I might name, for they have no objection ; indeed they are here to countenance him now, with the most grateful feelings toward him. But, because that service is a greater one than one citizen ought to be able to do to another, I entreat of you to impute to the times the fact of his having such power, but to give him himself the credit due to his having exerted it in such a manner. Why need I speak of the other virtues of his life ? of his dignity ? of his liberality? of his moderation in his own private affairs? of his splendor on public occasions? For, though in these points he has been crippled by fortune, yet the good foundations laid by nature are visible. What a house was his ! what crowds fre- quented it daily ! How great was the dignity of his behavktf 126 CICERO'S ORATIONS. to his friends ! How great was their attachment to him ! What a multitude of friends had he of every order of the peo- ple ! These things, which had been built up by long time and much labor, one single hour deprived him of. Publius Sylla, O judges, received a terrible and a mortal wound ; but still it was an injury of such a sort as his way of life and his natural disposition might seem liable to be exposed to. He was judged to have too great a desire for honor and dignity. If no one else was supposed to have such desires in standing for the consulship, then he was judged to be more covetous than the rest. But if this desire for the consulship has exist- ed in some other men also, then, perhaps, fortune was a little more unfavorable to him than to others. But, after this mis- fortune, who ever saw Publius Sylla otherwise than grieving, dejected, and out of spirits ? Who ever suspected that he was avoiding the sight of men and the light of day, out of ha- tred, and not rather out of shame? For, though he had many temptations to frequent this city and the forum, by rea- son of the great attachment of his friends to him — the only consolation which remained to him in his misfortunes — still he kept out of your sight ; and though he might have remained here, as far as the law went, he almost condemned himself to banishment. XXVII. In such modest conduct as this, O judges, and in such a life as this, will you believe that there was any room left for such enormous wickedness? Look at the man him- self; behold his countenance. Compare the accusation with his course of life. Compare his life, which has been laid open before you from his birth up to this day, with this accusation. I say nothing of the republic, to which Sylla has always been most devoted. Did he wish these friends of his, being such men as they are, so attached to him, by whom his prosperity had been formerly adorned, by whom his adversity is now comforted and relieved, to perish miserably, in order that he himself might be at liberty to pass a most miserable and infamous existence in company with Lentulus, and Catiline, and Cethegus, with no other prospect for the future but a disgraceful death? That suspicion is not consistent — it is, I sav, utterly at variance with such habits, with such modesty. with Mich a life as his, with the man himself. That sprang up, a perfectly unexampled sort of barbarity : it A\as an incred- ible and amazing insanity. The foulness of that unheard-of FOR P. SYLLA. 127 wickedness broke out on a sudden, taking its rise from the countless vices of profligate men accumulated ever since their youth. Think not, O judges, that that violence and that attempt was the work of human beings; for no nation ever was so bar- barous or so savage, as to have (I will not say so many, but even) one implacable enemy to his country. They were some savage and ferocious beasts, born of monsters, and clothed in human form. Look again and again, O judges ; for there is nothing too violent to be said in such a cause as this. Look deeply °and thoroughly into the minds of Catiline, Autronius, Oethegus, Lentulus, and the rest. What lusts you will find in these men, what crimes, what baseness, what audacity, what incredible insanity, what marks of wickedness, what traces of parricide, what heaps of enormous guilt ! Out of the great diseases of the republic, diseases of long standing, which had been given over as hopeless, suddenly that violence broke out ; in such a way, that when it was put down and got rid of, the state might again be able to become convalescent and to be cured ; for there is no one who thinks that if those pests re- mained in the republic, the constitution could continue to ex- ist any longer. Therefore they were some Furies who urged them on, not to complete their wickedness, but to atone to the republic for their guilt by their punishment. XXVIII. Will you then, O judges, now turn back Publius Sylla into this band of rascals, out of that band of honorable men who are living and have lived as his associates? Will you transfer him from this body of citizens, and from the fa- miliar dignity in which he lives with them, to the party of impious men, to that crew and company of parricides ? What then will become of that most impregnable defense of modes- ty % in what respect will the purity of our past lives be of any use to us? For what time is the reward of the character which a man has gained to be reserved, if it is to desert him at his utmost need, and when he is engaged in a contest in which all his fortunes are at stake — if it is not to stand by him and help him at such a crisis as this? Our prosecutor threatens us with the examinations and torture of our slaves ; and though we do not suspect that any danger can arise to us from them, yet pain reigns in those tortures; much de- pends on the nature of every one's mind, and the fortitude of a person's body. The inquisitor manages every thing ; caprice 128 CICERO'S ORATIONS. regulates much, hope corrupts them, fear disables them, so that, in the straits in which they are placed, there is but little room left for truth. Is the life of Publius Sylla, then, to be put to the torture? is it to be examined to see what lust is concealed beneath it? whether any crime is lurking under it, or any cruelty, or any audacity? There will be no mistake in our cause, O judges, no obscurity, if the voice of his whole life, which ought to be of the very greatest weight, is listened to by }ou. In tins cause we fear no witness; we feel sure that. no one knows, or has ever seen, or has ever heard any thing against us. But still, if the consideration of the fortune of Publius Sylla has no effect on you, O judges, let a regard for your own fortune weigh with you. For this is of the greatest importance to you who have lived in the greatest elegance and safety, that the causes of honorable men should not be judged of accord- ing to the caprice, or enmity, or worthlessness of the witness- es ; but that in important investigations and sudden dangers, the life of every man should be the most credible witness. And do not you, O judges, abandon and expose it, stripped of its arms, and defenseless, to envy and suspicion. Fortify the common citadel of all good men, block up the ways of escape resorted to by the wicked. Let that witness be of the great- est weight in procuring either safety or punishment for a man, which is the only one that, from its own intrinsic nature, can with ease be thoroughly examined, and which can not be sud- denly altered and remodeled. XXIX. What? Shall this authority (for I must contin- ually speak of that, though I will speak of it with timidity and moderation) — shall, I say, this authority of mine, when I have kept aloof from the cause of every one else accused of this conspiracy, and have defended Sylla alone, be of no service to my client? This is perhaps a bold thing to say, O judges; a bold thing, if we are asking for any thing; a bold thing, if, when every one else is silent about us, we will not be silent ourselves. But if Ave are attacked, if we are ac- cused, if we are sought to be rendered unpopular, then surely, O judges, you will allow UP *0 retain our liberty, even if we cas not quite retain all our digP'ty. All the men of consular rank are accused at one swoop ; so that the name of the most honorable office in the State appears now to cany with it more unpopularity than dign?*)j s 'They stood by Catiline," FOR P. SYLLA. 129 Bays he, "and praised him." At that time there was no conspiracy known of or discovered. They were defending a friend. They were giving their suppliant the countenance of their presence. They did not think the moment of his most imminent danger a lit time to reproach him with the infamy of his life. Moreover, even your own father, O Torquatus, when consul, was the advocate of Catiline when he was prose- cuted on a charge of extortion : he knew he was a lad man, but he was a suppliant ; perhaps he was an audacious man, but he had once been his friend. And, as he stood by him after information of that first conspiracy had been laid before him, he showed that he had heard something about him, but that he had not believed it. " But he did not countenance him by his prec-ence at the other trial, when the rest did." If he himself had afterward learned something of which he had been ignorant when consul, still we must pardon those men who had heard nothing since that time. But if the first ac- cusation had weight, it ought not to have had more weight when it was old than when it was fresh. But if your parent, even wljen he was not without suspicion of danger to himself, was still induced by pity to do honor to the defense of a most worthless man by his curule chair, by his own private dig- nity, and by that of his office as consul, then what reason is there for reproaching the men of consular rank who gave Catiline the countenance of their presence ? " Eut the same men did not countenance those who were tried for their ac- cession to this conspiracy before Sylla." Certainly not ; they resolved that no aid, no assistance, no support ought to be given by them to men implicated in such wickedness. And that I may speak for a moment of their constancy and attach- ment to the republic, whose silent virtue and loyalty bears witness in behalf of every one of them, and needs no orna- ments of language from any one — can any one say that any time there were men of consular rank more virtuous, more fearless, or more firm, than those who lived in these critical and perilous times, in which the republic was nearly over- whelmed ? Who of them did not, with the greatest openness, and bravery, and earnestness, give his whole thoughts to the common safety ? 2sor need I confine what I say to the men of consular rank. For this credit is due to all those accom- plished men who have been prastors, and indeed to the whole senate in common ; so that it is plain that never, in the F2 130 CICERO'S ORATIONS. memory of man, was there more virtue in that order, greater attachment to the republic, or more consummate wisdom. But because the men of consular rank were especially mention- ed, I thought I ought to say thus much in their behalf; and that that would be enough, as the recollection of all men would join me in bearing witness, that there was not one man of that rank who did not labor with all his virtue, and energy, and in- fluence, to preserve the republic. XXX. But what comes next 1 Do I, who never praised Catiline, who never as consul countenanced Catiline when he was on his trial, who have given evidence respecting the con spiracy against others — do I seem to you so far removed fron sanity, so forgetful of my own consistency, so forgetful of all the exploits which I have performed, as, though as consul I waged war against the conspirators, now to wish to pre- serve their leader, and to bring my mind now to defend the cause and the life of that same man whose weapon I lately blunted, and whose flames I have but just extinguished? If, O judges, the republic itself, which has been preserved by my labors and dangers, did not by its dignity recall me to wis- dom and consistency, still it is an instinct implanted by na- ture, to hate forever the man whom you have once feared, with whom you have contended for life and fortune, and from whose plots you have escaped. But when my chief honors and the great glory of all my exploits are at stake ; when, as often as any one is convicted of any participation in this wickedness, the recollection of the safety of the city having been secured by me is renewed, shall I be so mad as to allow those things which I did in behalf of the common safety to appear now to have beeh done by me more by chance and by good fortune than by virtue and wisdom ? " What, then, do you mean ? Do you," some one will say, perhaps, " claim that a man shall be judged innocent, just because you have de- fended himf But I, O judges, not only claim nothing for myself to which any one can object, but I even give up and abandon pretensions which are granted and allowed me by every one. I am not living in such a republic — I have not exposed my life to all sorts of dangers for the sake of my country at such a time — they whom 1 have defeated are not so utterly extinct — nor are those whom I have preserved so grateful, that I should think it safe to attempt to assume more than all my enemies and enviers may endure. It would FOR P. SYLLA. 131 appear an offensive thing for him who investigated the con- spiracy, who laid it open, who crushed it, whom the senate thanked in unprecedented language, to whom the senate de- creed a supplication, which they had never decreed to any one before for civil services, to say in a court of justice, "I would not have defended him if he had been a conspirator." I do not say that, because it might be offensive} I say this, which in these trials relating to the, conspiracy I may claim a right to say, speaking not with authority but with modesty, " I who investigated and chastised that conspiracy would certainly not defend Sylla, if I thought that he had been a conspirator." I, O judges, say this, which I said at the beginning, that when I was making a thorough inquiry into those great dangers which were threatening every body, when I was hearing many things, not believing every thing, but guarding against every thing, not one word was said to me by any one who gave information, nor did any one hint any suspicion, nor was there the slightest mention in any one's letters, of Publius Sylla. XXXI. Wherefore I call you, O gods of my country and of my household, to witness — you who preside over this city and this empire — you who have preserved this empire, and these our liberties, and the Roman people — you who by your divine assistance protected these houses and temples when I was consul — that I, with a free and honest heart, am defending the cause of Publius Sylla ; that no crime has been concealed by me knowingly, that no wickedness undertaken against the general safety has been kept back or defended by me. I, when consul, found out nothing about this man, 1 suspected nothing, I heard of nothing. Therefore I, the same person who have seemed to be vehement against some men, inexorable toward the rest of the conspirators (I paid my country what I owed her ; what I am now doing is due to my own invariable hab- its and natural disposition), am as merciful, O judges, as you yourselves. I am as gentle as the most soft-hearted among you. As far as I was vehement in union with you, I did nothing except what I was compelled to do : I came to the assistance of the republic when in great danger ; I raised my sinking country ; influenced by pity for the whole body of citizens, we were then as severe as was necessary. The safety of all men would have been lost forever in one night, if that severity had not been exercised ; but as I was led on to the 132 CICERO'S ORATIONS. punishment of wicked men by my attachment to the republic, so now I am led to secure the safety of the innocent by my own inclination. I see, O judges, that in this Publius Sylla there is nothing worthy of hatred, and many circumstances deserving our pity. For he does not now, O judges, flee to you as a suppliant for the sake of warding off calamity from himself, but to prevent his whole family and name from being branded with the stigma of nefarious baseness. For as for himself, even if he be acquitted by your decision, what honors has he, what comforts has he for the rest of his life, in which he can find delight or enjoyment'? His house, I suppose, will be adorned ; the images of his ancestors will be displayed ; he himself will resume his ornaments and his usual dress. All these things, O judges, are lost to him ; all the insignia and ornaments of his family, and his name, and his honor, were lost by the calamity of that one decision. But he is anxious not to be called the destroyer, the betrayer, the enemy of his country ; he is fearful of leaving such disgrace to a family of such re- nown ; he is anxious that this unhappy child may not be called the son of a conspirator, a criminal, and a traitor. He fears for this boy, who is much dearer to him than his own life, anxious, though he can not leave him the undiminished inheritance of his honors, at all events not to leave him the undying recollection of his infamy. This little child entreats you, O judges, to allow him occasionally to congratulate his father, if not with his fortunes unimpaired, at least to con- gratulate him in his affliction. The roads to the courts of justice and to the forum are better known to that unhappy boy, than the roads to his play-ground or to his school. 1 am contending now, O judges, not for the life of Publius Sylla, but for his burial. His life was taken from him at the former trial ; we are now striving to prevent his body from being cast out. For what has he left which need detain him in this life 1 ? or what is there to make any one think such an existence life at all ? XXXII. Lately, Publius Sylla was a man of such considera- tion in the state, that no one thought himself superior to him either in honor, or in influence, or in good fortune, xsow, stripped of all his dignity, he does not Beek to recover what has been taken away from him ; but he docs entreat you, judges, not to take from him the little which fortune has loft FOR P. SYLLA. 133 him in his disasters — namely, the permision to bewail his calamities in company with his parent, with his children, with his brother, and with his friends. It would be becoming for even you yourself, O Torquatus, to be by this time satisfied with the miseries of my client. Although you had taken no- thing from Sylla except the consulship, yet you ought to be content with that. For it was a contest for honor, and not enmity, which originally induced you to take up this cause. But now that, together with his honor, every thing else has been taken from him — now that he is desolate, crushed by this miserable and grievous fortune, what is there which you can -wish for more ? Do you wish to deprive him of the en- joyment of the light of day, full as it is to him of tears and grief, in which he now lives amid the greatest grief and tor- ment ? He would gladly give it up, if you would release him from the foul imputation of this most odious crime. Do you seek to banish him as an enemy, when, if you were really hard-hearted, you ,would derive greater enjoyment from seeing his miseries than from hearing of them? Oh, wretched and unhappy was that day on which Publius Sylla was declared consul by all the centuries ! O how false were the hopes ! how fleeting the though -absent, he came to Rome, in the consulship of Marius^^ and Catulus. It was his lot to have those men as his first consuls, the one of whom could supply him with the most il- lustrious achievements to Avrite about, the other could give him, not only exploits to celebrate, but his ears and judicious attention. Immediately the Luculli, though Archias was as yet but a youth, 1 received him in their house. But it was not 1 The Latin is pratcxtatus. Before he had exchanged the prcttcxta foi the toga vinlts. it has generally been thought that the age at \\ hich this exchange was made was seventeen, but Professor Long, the highest pos- sible authority on all subjects of Latin literature, and especia"y on Re FOR A. L. ARCHIAS. I57 only to his genius and his learning, but also to his natural disposition and virtue, that it must be attributed that the house which was the first to be opened to him in his youth, is also the one in which he lives most familiarly in his old ap;e. He at that time gained the affection of Quintus Metcllus, that great man who was the conqueror of Numidia, and his son Pius. He was eagerly listened to by Marcus iEmilius; he associated with Quintus Catulus — both with the father and the sons. He was highly respected by Lucius Crassus; and as for the Luculli, and Drusus, and the Octavii, and Cato, and the whole family of the Hortensii, he was on terms of the greatest possible intimacy with all of them, and was held by thein in the greatest honor. For, not only did ever}' one cultivate his acquaintance who wished to learn or to hear any thing, but even every one pretended to have such a desire. IV. In the mean time, after a sufficiently long interval, having gone with Lucius Lucullus into Sicily, and having afterward departed from that province in the company of the same Lucullus, he came to Heraclea. And as that city was one which enjoyed all the rights of a confederate city to their full extent, he became desirous of being enrolled as a citizen of it. And, being thought deserving of such a favor for his own sake, when aided by the influence and authority of Lucullus, he easily obtained it from the Heracleans. The freedom of the city was given him in accordance with the provisions of the law of Silvanus and Carbo : " If any men had been enrolled as citizens of the confederate cities, and if, at the time that the law was passed, they had a residence in Italy, and if within sixty days they had made a return of themselves to the praetor." As he had now had a residence at Eome for many years, he returned himself as a citizen to the praetor, Quintus Metellus, his most intimate friend. If man law, says (Smith, Diet. Ant. v. Impnbcs), " The toga virilis was as- sumed at the Liberalia in the month of March ; and though no age ap- pears to have been positively fixed for the ceremony, it probably took place, as a general rule, on the feast which next followed the completion of the fourteenth year, though it is certain that the completion of the fourteenth year was not always the time observed.'" Even supposing Archias to have been seventeen, it appear-; ra f her an early ^<^ for him to have established such a reputation as Cicero sp .and]; as not being at that time a Roman citizen, he probably did not wear the ■pratcxta at all; the expression is not to b< iiteraitv, but we zct merely to understand generally that he was quite a young man 138 CICERO'S ORATIONS. we have nothing else to speak about except the rights of citi- zenship and the law, I need say no more. The cause is over. For which of all these statements, O Gratius, can be inval- idated? Will you deny that lie was enrolled, at the time I speak of, as a citizen of Heraclea? There is a man present of the very highest authority, a most scrupulous and truthful man, Lucius Lucullus, who will tell you not that he thinks it, but that he knows it ; not that he has heard of it, but that he saw it ; not even that he was present when it was done, but that he actually did it himself. Deputies from Heraclea are present, men of the highest rank ; they have come expressly on account of this trial, with a commission from their city, and to give evidence on the part of their city ; and they say that he was enrolled as a Heraclean. On this you ask for the pub- lic registers of the Heracleans, which we all know were de- stroyed in the Italian war, when the register-office was burned. It is ridiculous to say nothing to the proofs which we have, but to ask for proofs which it is impossible for us to have ; to disregard the recollection of men, and to appeal to the mem- ory of documents ; and when you have the conscientious evi- dence of a most honorable man, the oath and good faith of a most respectable municipality, to reject those things which can not by any possibility be tampered with, and to demand docu- mentary evidence, though you say at the same moment that that is constantly played tricks with. " But he had no res- idence at Rome." What, not he who for so many years before the freedom of the city was given to him, had estab- lished the abode of all his property and fortunes at Rome? " But he did not return himself." Indeed he did, and in that return which alone obtains with the college of praetors the au- thority of a public document. V. For as the returns of Appius were said to have been kept carelessly, and as the trilling conduct of Gabinius, before he was convicted, and his misfortune after his condemnation, had taken away all credit from the public registers, Metellus, the most scrupulous and moderate of all men, was so careful, that he came to Lucius Lentulus, the praetor, and to the judges, and said that he was greatly vexed at an erasure which appeared in one name. In these documents, therefore, you will see no erasure affecting the name of Aulus Licinius. And as this is the case, what reason have you for doubting about hi* citizenship, especially as he was enrolled as a citizen of FOR A. L. ARCHIAS. 139 other cities also"? In truth, as men in Greece were in the it of giving rights of citizenship to many men of vei ordinary quahhcations, and endowed with no talents at an, or with very moderate ones, without any payment, it is likely, I suppose, that the Rhegians, and Locrians, and Neapolitans, and Tarentines should have been unwilling to give to this man, enjoying the highest possible reputation for genius, what they were in the habit of giving even to theatrical artists. What, when other men, who not only after the freedom of the city had been given, but even after the passing of the Papian law, crept somehow or other into the registers of those munic- ipalities, shall he be rejected who does not avail himself of those other lists in which he is enrolled, because he always wished to be considered a Heraclean? You demand to see our own censor's returns. I suppose no one knows that at the time of the last census lie was with that most illustrious general, Lucius Lucullus, with the army ; that at the time of the preceding one he was with the same man when he was in Asia as qurestor; and that in the census before that, when Julius and Crassus were censors, no regular account of the people was taken. But, since the census does not confirm the right of citizenship, but only indicates that he, who is returned in the census, did at that time claim to be considered as a citizen, I say that, at that time, when you say, in your speech for the prosecution, that be did not even himself con- sider that he had any claim to the privileges of a Roman citizen, he more than once made a will according to our laws, and he entered upon inheritances left him by Roman citizens; and he was made honorable mention of by Lucius Lucullus, both as praetor and as consul, in the archives kept in the treasury. VI. You must rely wholly on what arguments you can find. For he will never be convicted either by his own opinion of his case, or by that which is formed of it by his friends. ^ You ask us, O Gratius, why we are so exceedingly attached to this man. Because he supplies us with food whereby our mind is refreshed after this noise in the forum, and with rest for our ears after they have been wearied with bad language. Do you think it possible that we could find a supply for our daily speeches, when discussing such a variety of matters, unless we were to cultivate our minds by the study of litera- * "\re ; or that our minds could bear being kept so constantly 140 CICERO'S ORATIONS. on the stretch if we did not relax them by that same study? But I confess that I am devoted to those studies ; let others be ashamed of them if they have buried themselves in books without being able to produce any thing out of them for the common advantage, or any thing which may bear the eyes of men and the light. ! But why need I be ashamed, who for many years have lived in such a manner as never to allow my own love of tranquillity to deny me to the necessity or ad- vantage of another, or my fondness for pleasure to distract, or even sleep to delay my attention to such claims? Who then can reproach me, or who has any right to be angry with me, if I allow myself as much time for the cultivation of these studies as some take for the performance of their own busi- ness, or for celebrating days of festival and games, or for other pleasures, or even for the rest and refreshment of mind and body, or as others devote to early banquets, to playing at dice, or at ball? And this ought to be permitted to me, because by these studies my power of speaking and those faculties are improved, which,- as far as they do exist in me, have never been denied to my friends when they have been in peril. And if that ability appears to any one to be but moderate, at all events I know whence I derive those principles which are of the greatest value. For if I had not persuaded myself from my youth upward, both by the precepts of many masters and by much reading, that there is nothing in life greatly to be de- sired, except praise and honor, and that while pursuing those things all tortures of the body, all dangers of death and ban- ishment are to be considered but of small importance, I should never have exposed myself, in defense of your safety, to such numerous and arduous contests, and to these daily attacks of profligate men. : But all books are full of such precepts, and all the sayings of philosophers, and all antiquity is full of pre- cedents teaching the same lesson ; but all these things would lie buried in darkness, if the light of literature and learning were not applied to them. How many images of the brayest men, carefully elaborated, have both the Greek and Latin writers bequeathed to us, not merely for us to look at and gaze upon, but also for our imitation! And I, always keeping them be- fore' my eyes as examples for my own public conduct, have endeavored to model my mind and views by continually think- ing of those excellent men. Vll. Some one will ask, "Whatl were those identical FOR A. L. ARCHIAS. 141 great men, whose virtues have been recorded in books, accom- plished in all that learning which you are extolling so highly f It is difficult to assert this of all of them ; but still I know what answer I can make to that question : I admit that many men have existed of admirable disposition and virtue, who, without learning, by the almost divine instinct of their own mere nature, have been, of their own accord, as it were, mod- erate and wise men. I even add this, that very often nature without learning has had more to do with leading men to credit and to virtue, than learning when not assisted by a good natural disposition. And I also contend, that when to an excellent and admirable natural disposition there is added a ceTtain system and training of education, then from that combination arises an extraordinary perfection of character u such as is seen in that god-like /nan, whom our fathers saw in their time, Africanus ; and in Caius Laelius and Lucius Furius, most virtuous 'and moderate men ; and in that most excellent man, the most learned man of his time, Marcus Cato the- elder ; and all these men, if they had been to derive no assistance from literature in the cultivation and practice of virtue, would never have applied themselves to the study of it. \ Though, even if there were no such "great advantage to be Neaped from it, and if it were; only pleasure that is sought from these studies, still I imagine you would consider it a most reasonable and liberal employment of the mind : for other occupations are not suited to every time, nor to every age or place ; but these studies are the food of youth, the delight of old age; the ornament of prosperity, the refuge omfort of adversity ; a delight at home, and no hinderance \ ; they are companions by night, and in travel, and in ntry. And if we ourselves were not able to arrive at these egj nor even taste them with our senses, still we admire them, even when we saw them in others, was of so ignorant and brutal a disposition as not grieved at the death of Eoscius 1 who, though he aan when he died, yet, on account of the excel- uty of his art, appeared to be one who on every Rgr & *t i not to have died. Therefore, had he by the GftStW*^^ body gained so much of our affections, and 1\S,'d the incredible movements of the mind, and ms of genius ? How often have I seen this 142 CICERO'S ORATIONS. man Archias, O judges (for I will take advantage of your kind- ness, since you listen to me so attentively while speaking in this unusual manner) — how often have I seen him, when ha had not written a single word, repeat extempore a great num- ber of admirable verses on the very events which were passing at the moment ! How often have I seen him go back, and describe the same thing over again with an entire change of language and ideas ! And what he wrote with care and with much thought, that I have seen admired to such a degree, as to equal the credit of even the writings of the ancients. Should not I, then, love this man ? should I not admire him ? should not I think it my duty to defend him in every possible way? And, indeed, we have constantly heard from men of the greatest eminence and learning, that the study of other sciences was made up of learning, and rules, and regular method ; but that a poet was such by the unassisted work of nature, and was moved by the vigor of his own mind, and was inspired, as it were, by some divine wrath. Wherefore rightly does our ow* great Ennius call poets holy ; because they seem to be recommended to us by some especial gift, as it were, and liberality of the gods. Let then, judges, this name of poet, this name which no barbarians even have ever disregarded, be holy in your eyes, men of cultivated minds as you all are. Rocks and deserts reply to the poet's voice ; sav- age beasts are often moved and arrested by song : and shall we, who have been trained in the pursuit of the most virtuous acts, refuse to be swayed by the voice of poets ? The Colo- phonians say that Homer was their citizen ; the Chians claim him as theirs ; the Salaminians assert their right to him ; but the men of Smyrna loudly assert him to be a citizen of Smyrna, a id they have even raised a temple to him in their city. Many other places also fight with one another for the honor of being his birth-place. IX. They, then, claim a stranger, even after his death, because he was a poet ; shall we reject this man while he alive, a man who by his own inclination and by our laws d* actually belong to us "? especially when Archias has emplr j t c t all his genius with the utmost zeal in celebrating the ajtrv^ and renown of the Roman people ? For when a young m Ha he touched on our wars against the Cimbri, and gair*cr\ favor even of Caius Marius himself, a man who was t« proof against this sort of study. For there was no * t. FOR A. L. ARCHIAS. 143 disinclined to the Muses as not willingly to endure that the praise of his labors should be made immortal by means of verse. (They say that the great Themistocles, the greatest man that Athens produced, said, when some one asked him what sound or whose voice he took the greatest delight in hearing, " The voice of that by whom his own exploits were best celebrated." Therefore, the great Marius was also ex- ceedingly attached to Lucius Plotius, because he thought that the achievement which he had performed could be cele- brated by his genius. And the whole Mithridatic war, great and difficult as it was, and carried on with so much diversity of fortune by land and sea, has been related at length by him ; and the books in which that is sung of, not only make illus- trious Lucius Lucullus, that most gallant and celebrated man, but they do honor also to the Roman people. For, while Lucullus was general, the Roman people opened Pontus, though it was defended both by the resources of the king and by the character of the country itself. Under the same gen- eral the army of the Roman people, with no very great num- bers, routed the countless hosts of the Armenians. It is the glory of the Roman people that, by the wisdom of that same general, the city of the Cyzicenes, most friendly to us, was delivered and preserved from all the attacks of the kind, and from the very jaws as it were of the whole war. Ours is the glory which will be forever celebrated, which is derived from the fleet of the enemy which was sunk after its admirals had been slain, and from the marvelous naval battle off Tenedos: those trophies belong to us v those monuments are ours, those triumphs are ours. Therefore, I say that the men by whose genius these exploits are cele- brated, make illustrious at the same time the glory of the Roman people. Our countryman, Ennius, was dear to the elder Africanus'; and even on the tomb of the Scipios his effigy is believed to be visible, carved in the marble. But un- doubtedly it is not only the men who are themselves praised who are done honor to by those praises, but the name of the Roman people also is adorned by them. Cato, the ancestor of this Cato, is extolled to the skies. Great honor is paid to the exploits of th^ Roman people. Lastly, all those great men, the Maximi, the Marcelli, and the Fulvii, are done honor to, not without all of us having also a share in tha panegyric 144 CICERO'S ORATIONS. X. Therefore our ancestors received the man who was the cause of all this, a man of Kucha?, into their city as a citizen ; and shall we reject from our city a man of Heraclea, a man sought by many cities, and made a citizen of ours by these very laws? For if any one thinks that there is a smaller gain of glory derived from Greek verses than from Latin ones, he is greatly mistaken, because Greek poetry is read among all nations, Latin is confined to its own natural limits, which arc narrow enough. Wherefore, if those achievements which we have performed are limited only by the bounds of the whole world, we ought to desire that, wherever our vigor and our arms have penetrated, our glory and our fame should likewise ex- tend. Because, as this is always an ample reward for those people whose achievements are the subject of writings, so especially is it the greatest inducement to encounter labors and dangers to all men who fight for themselves for the sake of glory. How many historians of his exploits is Alexander the Great said to have had with him ; and he, when standing on Cape Sigeum at the grave of Achilles, said, " O happy youth, to find Homer as the panegyrist of your glory!" And he said the truth ; for, if the Iliad had not existed, the same tomb which covered his body would have also buried his renown. What, did not our own Magnus, whose valor has been equal to his fortune, present Theophanes the Mitylena?an, a relater of his actions, with the freedom of the city in an as- sembly of the soldiers'? And those brave men, our country- men, soldiers and country-bred men as they were, still being moved by the sweetness of glory, as if they were to some ex- tent partakers of the same renown, showed their approbation of that action with a great shout. Therefore, I suppose, if Archias were not a Roman citizen according to the laws, he could not have contrived to get presented with the freedom of the city by some general ! Sylla, when he was giving it to the Spaniards and Gauls, would, I suppose, have refused him if he had asked for it! a man whom we ourselves saw in the public assembly, when a bad poet of the common people had put a book in his hand, because he had made an epigram on him with every other verse too long, immediately ordered some of the things which he was selling at the moment to be given him as a reward, on condition of not writing any thing more about him for the future. Would not he who FOR A. L. ARCHIAS. 145 thought the industry of a bad poet still worthy of some reward, have sought out the genius, and excellence, and copiousness in writing of this man ? What more need I say ! Could he not have obtained the freedom of the city from Quintus Metellus Pius, his own most intimate friend, who gave it to many men, either by his own request, or by the intervention of the Lucul- li ? especially when Metellus was so anxious to have his own deeds celebrated in writing, that he gave his attention willing?- ly to poets born even at Cordova, whose poetry had a very heavy and foreign flavor. XL For this should not be concealed, which can not possibly be kept in the dark, but it might be avowed openly: we are all influenced by a desire of praise, and the best men are the most especially attracted by glory. Those very philosophers even in the books which they write about despising glory, put their own names on the title-page. In the very act of record- ing their contempt for renown and notoriety, they desire to have their own names known and talked of. Decimus Brutus, that most excellent citizen and consummate general, adorned the approaches to his temples and monuments with the verses of Attius. And lately that great man Fulvius, who fought with the iEtolians, having Ennius for his companion, did not hesitate to devote the spoils of Mars to the Muses. Where- fore, in a city in which generals, almost in arms, have paid respect to the name of poets and to the temples of the Muses, these judges in the garb of peace ought not to act in a manner inconsistent with the honor of the Muses and the safety of — -poets. And that you may do that the more willingly, I will now reveal my own feelings to you, O judges, and I will .make a confession to you of my own love of glory — too eager perhap , but still honorable. For this man has in his verses touched upon and begun the celebration of the deeds which we in our consulship did in union with you, for the safety of this city and empire, and in defense of the life of the citizens and of the whole republic. And when I had heard his commence- ment, because it appeared to me to be a great subject and at the same time an agreeable one, I encouraged him to complete his work. For virtue seeks no other 1 1 for its labors and its dangers beyond that of praise and renown ; and if that be denied to it, what reason is there, O judges, why in so small and brief a course of life as is allotted to us, we should G 146 CICERO'S ORATIONS. impose such labors on ourselves? Certainly, if the mind had no anticipations of posterity, and if it were to confine all its thoughts within the same limits as those by which the space of our lives is bounded, it would neither break itself with such severe labors, nor would it be tormented with such carts and sleepless anxiety, nor would it so often have to fight for its very life. At present there is a certain virtue in every good man, which night and day stirs up the mind with the stimulus of glory, and reminds it that all mention of our name will not cease at the same time with our lives, but that our fame will endure to all posterity. XII. Do we all who are occupied in the affairs of the state, and who are surrounded by such perils and dangers in life, ap- pear to be so narrow-minded, as, though to the last moment of our lives we have never passed one tranquil or easy mo- ot, to think that every thing will perish at the same time as ourselves? Ought we not, when many most illustrious men have with great care collected and left behind them statues and images, representations not of their minds but of their bodies, much more to desire to leave behind us a copy of our counsels and of our virtues, wrought and elaborated by the greatest genius? I thought, at the very moment of performing them, that I was scattering and disseminating all deeds which I was performing, all over the world for the .il recollection of nations. And whether that delight is to be denied to my sou] after death, or whether, as the wisest men have thought, it will affect some portion of my spirit, at all events, I am at present delighted with some such idea and hope. Preserve then, O judges, a man of such virtue as that of Ai which you see testified to you not only by the worth of his friends, but by the length of time during which they have been such to him ; and of such genius as you ought to think is his, when you see that it has been sought by most illustrious men. And his cause is one which is approved of by the benevolence of the law, by the authority of his muni- cipality, by the testimony of Lucullus, and by the docuinent- 3 of Metellus. And as this is the case, we do en- tr« U, O judges, if there may be any weight attached, I Will not saj to human, but even to divine recommendation in such important matters, to receive under your protection that man who lias at all times done honor to your generals an J DEFENSE OF THE PROPOSED MANILIAN LAW. 147 to the exploits of the Koman people, — who even in these re- cent perils of our own, and in your domestic dangers, promises to give an eternal testimony of praise in our favor, and who forms one of that band of poets who have at all times and in all nations been considered and called holy, so that he may seem relieved by your humanity, rather than overwhelmed by your severity. The things which, according to my custom, I have said briefly and simply, O judges, I trust have been approved by all of you. Those things which I have spoken, without re- garding the habits of the forum or judicial usage, both con- cerning the genius of the man and my own zeal in his behalf, I trust have been received by you in good part. That they have been so by him who presides at this trial, I am quite certain. L THE SPEECH OF M. T. CICERO IN DEFENSE OF THE PRO- POSED MANILIAN LAW. THE ARGUMENT. In the year b.c. 67, Aulus Gabinius had obtained the passing of a decree by which Pompey was invested for three years with the supreme com- mand over all the Mediterranean, and over all the coasts of that sea, to a distance of four hundred furlongs from the sea. And in this com- mand he had acted with great vigor and with complete success ; de- stroying all the pirates' strongholds, and distributing the men themselves as colonists among the inland towns of Asia Minor and Greece. After this achievement he did not return to Rome, but remained in Asia, making various regulations for the towns which he had conquered. During this period Lucullus had been prosecuting the war against Mith- ridates, and proceeding gradually in the reduction of Pontus ; he had penetrated also into Mesopotamia, but had subsequently been distress- ed by seditions in his army, excited by Clodius, his brother-in-law ; and these seditions had given fresh courage to Mithridates, who had fallen on Caius Triarius, one of his lieutenants, and routed his army with great slaughter. At the time that Pompey commenced his cam- ign against t le pirates, the consul Marcus Aquillius Glabrio was sent to supersede Lucullus in his command ; but he was perfectly incompe- tent to oppose Mithridates, who seemed likely with such an enemy to recover all the power of which Lucullus had deprived him. So in the 3'-ear B.C. C>F>, while Glabrio was still in Bithynia, and Pompey in Asia Minor, Caius Manilius, a tribune of the people, brought forward a prop- 148 CICERO'S ORATIONS. osition, that, in addition to the command which Pompey already pos- sessed, he should be invested with unlimited power in Bithynia, Pon- tus, and Armenia, for the purpose of conducting the war against -Mith- ridates. The measure was strongly opposed by CatulUs and by Hor- tensius, but it was supported by Caesar, and by Cicero in the following speech, which is the first which he ever addressed to the people ; and the proposition was carried. I. Although, O Romans, your numerous assembly has al- ways seemed to me the most agreeable body that any one can address, and this place, which is most honorable to plead in, has also seemed always the most distinguished place for de- livering an oration in, still I have been prevented from trying this road to glory, which has at ail times been entirely open to every virtuous man, not indeed by my own will, but by the system* of life which I have adopted from my earliest years. For as hitherto I have' not dared, on account of my youth, to intrude upon the authority of this place, and as I considered that no arguments out to be brought to this place except such as were the fruit of great ability, and worked up with the greatest industry, I have thought it fit to devote all my time to the necessities of my friends. And accordingly, this place has never been unoccupied by men who were defending your cause, and my industry, which has been virtuously and hon- estly employed about the dangers of private individuals, has received its most honorable reward in your approbation. For when, on account of the adjournment of the comitia, I was three times elected the first praetor by all the centuries, I easily perceived, O Romans, what your opinion of me was, and what conduct you enjoined to others. Now, when there is that authority in me which you, by conferring honors on me, have chosen that there should be, and all that facility, in pleading which almost daily practice in speaking can give a vigilant man who has habituated himself to the forum, at all events, if I have any authority, I will employ it before those who have given it to me ; and if I can accomplish any thing by speaking, I will display it to those men above all others, who have thought fit, by their decision, to confer honors on that qualification. And, above all things, I see that I have reason to rejoice on this account, that, since I am speaking in this place, to which I am so entirely unaccustomed, I have a cause to advocate in which eloquence can hardly fail any one; for I have to speak of the eminent and extraordinary virtue of Cnceus Pompey ; and it is harder for me to find out how to DEFENSE OF THE PROPOSED MANILIAN LAW. 140 end a discourse on such a "subject, than how to begin one. So that what I have to seek for is not so much a variety of argu- ments, as moderation in employing thein^^c II. And, that my oration ma y take its ^ork-in from the same pource from which all this cause is to be maintained ; an im- portant war, and one perilous to your revenues and to your allies, is being waged against you by two most powerful kings, Mithridates and Tigranes. One of these having been left to- himself, and the other having been attacked, thinks that as opportunity offers itself to him to occupy all Asia. Letters are brought from Asia every day to Roman knights, most honorable men, who have great property at stake, which is all employed in the collection of your revenues ; and they, in con- sequence of the intimate connection which I have with their order, have come to me and intrusted me with the task of pleading the cause of the republic, and warding off danger from their private fortunes. Theji say that many of the vil- lages of Bithynia, which is at present a province belonging to you, have been burnt ; that the kingdom of Ariobarzanes, which borders on those districts from which you derive a reve- nue, is wholly in the power of the enemy ; that Lucullus, aftei- having performed great exploits, is departing from that war $ that it is not enough that whoever succeeds him should be prepared for the conduct of so important a war ; that one general is demanded and required b^all men, both allies and citizens, for that war ; that he alone is feared by the enemy, and that no one else is. You see what the case is ; now consider what you ought to do. It seems to me that I ought to speak in the first place of the sort of war that exists ; in the second place, of its importance ; and lastly, of the selection of a general. The kind of war is such as ought above all others to excite and inflame your minds to a determination to persevere in it. It is a war in which the glory of the Koman people is at stake ; that glory which has been handed down to you from your an- cestors, great indeed in every thing, but most especially in mil- itary affairs. The safety of our friends and allies is at stake, in behalf of which your ancestors have Waged many most im> portant wars. The most certain and the largest revenues of the Roman people are at stake ; and if they be lost, you will be at a loss for the luxuries of peace, and the sinews of war. The property of many citizens is at stake, which yo" ought 150 CICERO'S ORATIONS. greatly to regard, both for jour own sake, and for that of the republic. III. And since you have at all times been covetous of glory and greedy of praise beyond all other nations, you have to wipe out that stain, received in the former Mithridatic War, which has now fixed itself deeply and eaten its way into the Roman name, the stain arising from the fact that he, who in one day marked down by one order, and one single letter, all the Roman citizens in all Asia, scattered as they were over so many cities, for slaughter and butchery, has not only never yet suffered any chastisement worthy of his wickedness, but now, twenty-three years after that time, is still a king, and a king in such a way that he is not content to hide himself in Pontus, or in the recesses of Cappadocia, but he seeks to emerge from his hereditary kingdom, and to range among your revenues, in the broad light of Asia. Indeed up to this time your generals have baen contending with the king so as to carry off* tokens of victory rather than actual victory. Lu- cius Sylla has triumphed, Lucius Murena has triumphed over Mithridates, two most gallant men, and most consummate generals ; but yet they- have triumphed in such a way that he, though routed and defeated, was still king. Rot but what praise is to be given to those generals for what they did. Par- don must be conceded to them for what they left undone ; be- cause the republic recalled Sylla from that war into Italy, and Sylla recalled Murena. * IV. But Mithridates employed all the time which he had \eft to him, not in forgetting the old war, but in preparing for a new one ; and, after he had built and equipped very large fleets, and had got together mighty armies from every nation he could, and had pretended to be preparing war against the tribes of the Bosphorus, his neighbors, sent embassadors and letters as far as Spain to those chiefs with whom we were at war at the time, in order thatias you would by that means have war waged against you irk the two parts of the world the farthest separated and most remote of all from one an- other, by two separate enemies warring against you with one uniform plan, you, hampered by the double enmity, might find that you were fighting for the empire itself. However, the danger on one side, the danger from ScrtoriHs and from. Spain, which had much the most solid foundation and the most formidable strength, was warded off by the divine wis- DEFENSE OF THE PROPOSED MANILIAN LAW. 151 dom and extraordinary valor of Cnaeus Pompcius. And on the other side of the empire, affairs wore so managed by Lu- cius Lucullus, that most illustrious of men, that the begin- ning of all those achievements in those countries, great and eminent as they were, deserve to be attributed not to his good fortune but to his valor; but the latter events which have taken place lately, ought to be imputed not to his fault, but to his ill-fortune. However, of Lucullus I will speak hereafter, and I will speak, O Eomans, in such a manner, that his true glory shall not appear to be at all disparaged by my pleading, nor, on the other hand, shall any undeserved credit seem to be given to him. At present, when we are speaking of the dignity and glory of your empire, since that is the beginning of my oration, consider what feelings you think you ought to entertain. V. 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 thou- sand Roman citizens have been put to death by one order and at one time? Because their embassadors had been spoken to with insolence, your ancestors determined that Corinth, the light of all Greece, should be destroyed. Will you allow that king to remain unpunished, who 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 diminish- ed ; will you be indifferent to their lives being taken 1 They avenged the privileges of our embassy when they were violated by a word ; will you abandon an embassador 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 a powerful empire, it should be a most discreditable thing for you, not t<|> be able to defend and preserve that which you have received, i What more shall I say ? Shall I say, that the safety of our allies' is involved in the greatest hazard and danger ! King Ariobarzanes has been driven from his king- dom, an ally and friend of the Roman people ; two kings are threatening all Asia, who are not only most hostile to you, but also to your friends and allies. And every city throughout all Asia, and throughout all Greece, is compelled by the mag- nitude of the danger to put its whole trust in the expectation of your assistance. They do not dare to beg of you any par- 152 CICERO'S ORATIONS. ticular general, especially since you have sent them another, nor do they think that they can do this without extreme dam ger. They see and feel this, the same thing which you too see and feel — that there is one man in whom all qualities are in the highest perfection, and that he is near, (which circum- stance makes it seem harder to be deprived of him,) by whose mere arrival and name, although it was a maritime war for which he came, they are nevertheless aware that the attacks of the enemy were retarded and repressed. They then, since they can not speak freely, silently entreat you to think them (as you have thought your allies in the other provinces) worthy of having their safety recommended to such a man ; and to think them worthy even more than others, because we often send men with absolute authority into such a province as theirs, of such character, that, even if they protect them from the ene- my, still their arrival among the cities of the allies is not very different from an invasion of the enemy. They used to hear of him before, now they see him among-them ; a man of such moderation, such mildness, such humanity, that those seem to be the happiest people among whom he remains for the long- est time. VI. Wherefore, if on account of their allies, though they themselves had not been roused by any injuries, your ancestors waged war against Antiochus, against Philip, against the ^Eto- lians, and against the Carthaginians ; with hov> r much earnest- ness ought you, when you yourselves have been provoked by injurious treatment, to defend the safety of the allies, and at the same time, the dignity of your empire 1 especially when your greatest revenues are at stake. For the revenues of the other provinces, O Romans, are such that we can scarcely derive enough from them for the protection of the provinces themselves. But Asia is so rich and so productive, that in the fertility of its soil, and in the variety of its fruits, and in the vastness of its pasture lands, and in the multitude of all those things which are matters of exportation, it is greatly superior to all other countries. Therefore, O Romans, this province, if you have any regard for what tends to your advantage in time of war, and to your dignity in time of peace, must be de- fended by you, not only from all calamity, but from all fear of calamity. For in other matters when calamity comes on one, then damage is sustained ; but in the case of revenues, not only the arrival of evil, but the bare dread of it, brings dis- DEFENSE OF THE PROPOSED MANILIAN LAW. 153 aster. For when the troops of the enemy are not far off, even though no actual irruption takes place, still the flocks are abandoned, agriculture is relinquished, the sailing of merchants is at an end. And accordingly, neither -from harbor dues, nor from tenths, nor from the tax on pasture lands, can any revenue be maintained. And therefore it often happens that the produce of an entire year is lost by one rumor of danger, and by one alarm of war. What do you think ought to be the feelings .of those who pay us tribute, or of those who get it in, and exact it, when two kings with very numerous armies are all but on the spot? when one inroad of cavalry may in a very short time carry off the revenue of a whole year? when the publicans think that they retain the large households of slaves which they have in the salt-works, in the fields, in the harbors, and custom-houses, at the greatest risk ? Do. you think that you can enjoy these advantages unless you preserve those men who are productive to you, free not only, as I said before, from calamity, but even from the dread of calamity % VII. And even this must not be neglected by you, which ' j I had proposed to myself as the last thing to be mentioned, when I was to speak of the kind of war, for it concerns the property of many Roman citizens ; whom you, as becomes your Avisdom, O Romans, must regard with the most careful solicitude. The publicans, 1 most honorable and accomplished men, have taken all their resources and all their wealth into that province ; and their property and fortunes ought, by themselves, to be an object of your special care. In truth, it we have always considered the revenues as the sinews of the republic, certainly we shall be right if we call that order of men which collects them, the prop and support of all the oth- er 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, be- come your humanity to protect a large number of those cit- izens from misfortune ; it will become your wisdom to per- ceive that the misfortune of many citizens, can not be sepa- rated from the misfortune of the republic. In truth, firstly, it is of but little consequence for you afterward to recover 1 It has been said before that the publicans were taken almost ex- clusively from the equestrian order. G2 154 CICERO'S ORATIONS. for the publicans revenues which have been once lost ; for the same men have not afterward 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 that 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 that then, when many had lost large fortunes in Asia, all credit failed at Rome, from pay- ments being hindered. For it is not possible for many men to lose their property and fortunes in one city, without draw- ing many along with them into the same vortex of disaster. But do you now preserve the republic from this misfortune ; and believe me, (you yourselves see that it is the case,) this credit, and this state of the money-market which exists at Rome and in the forum, is bound up with, and is insepara- ble from, those fortunes which are invested in Asia. Those fortunes can not fall without credit here being undermined by the same blow, and perishing along with them. Consider, then, whether you ought to hesitate to apply yourselves with all zeal to that war, in which the glory of your name, the safe- ty of your allies, your greatest revenues, and the fortunes of numbers of your citizens, will be protected at the same time as the republic! VIII. Since I have spoken of the description of war, I will now say a few words about its magnitude. For this may be said of it — that it is a kind of war so necessary, that it must absolutely be waged, and yet not one of such magnitude as to be formidable. And in this we must take the greatest care that those things do not appear to you contemptible which require to be most diligently guarded against. And that all men may understand that I give Lucius Lucullus all the praise that is due to a gallant man, and most wise 1 man, and to a most consummate general, I say that when he iirst arrived in Asia, the forces of Mithridates were most numerous, well ap- pointed, and provided with every requisite ; and that the finest city in Asia, and the one, too, that was most friendly to us, the city of Cyzicus, was besieged by the king in person, with 1 The Latin is " forti viro, et sapicntissimo homini" and this opposi- tion of vir and homo is not uncommon in Cicero's orations. " Homo is nearly synonymous with vir, but with this distinction, that homo is used of a man considered as an intellectual and moral being. — namely, where personal qualities are to be denoted ; whereas vir signifies a man in his relations to the state." — Riddle, Lat. Diet. v. Homo. DEFENSE OF THE PROPOSED MANILIAN LAW. 155 an enormous army, and that the siege had been pressed most vigorously, when Lucius Lucullus, by his valor, and perse- verance, and wisdom, relieved it from the most extreme dan- ger. Yl say that he also, when general, defeated and destroy - jed^that great and well-appointed fleet, which the chiefs of Sertorius's party were leading against Italy with furious zeal ; I say besides, that by him numerous armies of the enemy were destroyed in several battles, and that Pontus was opened to our legions, which before his time had been closed against the Roman people on every side ; and that Sinope and Amisus, towns in which the king had palaces, adorned and furnished with every kind of magnificence, and many other cities of Pontus and Cappadocia, were taken by his mere approach and arrival near them ; that the king himself was stripped of the kingdom possessed by his father and his grandfather, and forced to betake himself as a suppliant to other kings and other nations ; and that all these great deeds were achieved without any injury to the allies of the Roman people, or any diminution of its revenues. I think that this is praise enough ; — such praise that you must see, O Romans, that Lucius Lu- cullus has not been praised as much from this rostrum by any one of these men who are objecting to this law and arguing against our cause. IX. Perhaps now it will be asked, how, when all this has been already done, there can be any great war left behind. I will explain this, O Romans ; for this does not seem an un- reasonable question. At first Mithridates fled from his king- dom, as Medea is formerly said to have fled from the same re- gion of Pontus ; for they say that she, in her flight, strewed about the limbs of her brother in those places along which her father was likely to pursue her, in order that the collection of them, dispersed as they were, and the grief which would af- flict his father, might delay the rapidity of his pursuit. Mith- ridates, flying in the same manner, left in Pontus the whole of the vast quantity of gold and silver, and of beautiful things which he had inherited from his ancestors, and which he him- self had collected and brought into his own kingdom, having obtained them by plunder in the former war from all Asia. While our men were diligently occupied in collecting all this, the king himself escaped out of their hands. And so grief re- tarded the father of Medea in his pursuit, but delight delay- ed our men. In this alarm and flight of his, Tigranes, the 156 CICERO'S ORATIONS. king of Armenia, received him, encouraged him while despair- ing of his fortunes, gave him new spirit in his depression, and recruited with new strength his powerless condition. And aft- er Lucius Lueullus arrived in his kingdom, very many tribes were excited to hostilities against our general. For those na- tions which the Roman people never had thought either of at- tacking in war or tampering with, had been inspired with fear. There was, besides, a general opinion which had taken deep root, and had spread over all the barbarian tribes in those districts, that our army had been led into those countries with the object of plundering a very wealthy and most religiously worshiped temple. And so, many powerful nations were roused against us by a fresh dread and alarm. But our army, although it had taken a city of Tigranes's kingdom, and had fought some successful battles, still was out of spirits at its immense distance from Rome, and its separation from its friends. At present I will not say more ; for the result of these feelings of theirs was, that they were more anxious for a speedy return home than for any farther advance into the enemies' country. But ]\Iithridatcs had by this time strength- ened his army by re-enforcements of those men belonging to his own dominions who had assembled together, and by large promiscuous forces belonging to many other kings and tribes. And we see that this is almost invariably the cage, that kings when in misfortune easily induce many to pity and assist them, especially such as are either kings themselves, or who live un- der kingly power, because to them the name of king appears something great and sacred. And accordingly he, when con- quered, was able to accomplish what, when he was in the full enjoyment of his powers, he never dared even to wish for. For when he had returned to his kingdom, he was not con- tent (though that had happened to him beyond all his hopes) with again setting his foot on that land after he had been ex- pelled from it ; but he even volunteered an attack on your army, flushed as it was with glory and victory. Allow me, in this place, O Romans, (just as poets do who write of Ro- man affairs.) to pass over our disaster, which was so great that it came to Lucius Lueullus' s ears, not by means of a messenger dispatched from the scene of action, but through the report of common conversation. At the very time of this misfortune, — of this most terrible disaster in the whole war, Lucius Lueullus, who might have been able, to a great extent, DEFENSE OF THE PROPOSED MANILIAN LAW. 157 to remedy the calamity, being compelled by your orders, be- cause you thought, according to the old principle of your an- cestors, that limits ought to be put to length of command, discharged a part of his soldiers who had served their appoint- ed time, and delivered over part to Glabrio. 1 pass over many things designedly ; but you yourselves can easily conjecture how important you ought to consider that war which most powerful kings are uniting in, — which disturbed nations are renewing, — which nations, whose strength is unimpaired, are undertaking, and which a new general of yours has to en- counter after a veteran army has been defeated. X. I appear to have said enough to make you see why this war is in its very nature unavoidable, in its magnitude dan- gerous. It remains for me to speak of the general who ought to be selected for that war, and appointed to the management of such important affairs. I wish, O Romans, that you had such an abundance of brave and honest men, that it was a difficult subject for your deliberations, whom you thought most desirable to be appoint- ed to the conduct of such important affairs, and so vast a war. But now, when there is: Cnseus Pompeius alone, who has ex- ceeded in valor, not only the glory of these men who are now alive, but even all recollections of antiquity, what is there that, in this case, can raise a doubt in the mind of any one I For I think that these four qualities are indispensable in a great general, — knowledge of military affairs, valor, authori- ty and good fortune. Who, then, ever was, or ought to have been, better acquainted with military affairs than this man 1 who, the moment that he left school and finished his educa- tion as a boy, at a time when there was a most important war going on, and most active enemies were banded against us, went to his father's army and to the discipline of the camp ; who, when scarcely out of his boyhood, became a sol- dier of a consummate general, — when entering on manhood, became himself the general of a mighty army ;* who has been more frequently engaged with the enemy, than any one else has ever disputed with an adversary ; who has himself, as general, conducted more wars than other men have read of; who has subdued more provinces than other men have wished for ; whose youth was trained to the knowledge of military affairs, not by the precepts of others, but by commanding himself, — not by the disasters of war, but by victories, — not 15S CICERO'S ORATIONS. by campaigns, but by triumphs. In short, what description of war can there be in which the fortune of the republic has not given him practice? Civil war, African war, Transal- pine war, Spanish war, promiscuous war of the most warlike cities and nations, servile war, naval war, every variety and diversity of wars and of enemies, has not only been encount- ered by this one man, but encountered victoriously ; and these exploits show plainly that there is no circumstance in milita- ry practice which can elude the knowledge of this man. y* XI. But now, what language can be found equal to the valor of Cna?us Pompeius? What statement can any one make which shall be either worthy of him, or new to you, or unknown to any one ? For those are not the only virtues of a general which are usually thought so, — namely, industry in business, fortitude amid dangers, energy in acting, rapidity in executing, wisdom in foreseeing ; which all exist in as great perfection in that one man as in all the other generals put to- gether whom we have either seen or heard of. Italy is my witness, which that illustrious conqueror himself, Lucius Syl- la, confessed had been delivered by this man's valor and ready assistance. Sicily is my witness, which he released when it was surrounded on all sides by many dangers, not by the dread of his power, but by the promptitude of his wisdom. Africa is my witness, which, having been overwhelmed by numerous armies of enemies, overflowed with the blood of those same enemies. Gaul is my witness, through which a road into Spain was laid open to our legions by the destruction of the Gauls. Spain is my witness, which has repeatedly seen our many enemies there defeated and subdued by this man. Again and again, Italy is my witness, which, when it was weighed down by the disgraceful and perilous servile war, entreated aid from this man, though he was at a distance; and that war, having dwindled down and wasted away at the expect- ation of Pompeius, was destroyed and buried by his arrival. But now, also every coast, all foreign nations and countries, all seas, both in their open waters and in every bay, and creek, and harbor, are my witnesses. For during these last years, what place in any part of the sea had so strong a garrison as to be safe from him ? what place was so much hidden as to escape his notice? Who ever put to sea without being aware that he was committing himself to the hazard of death or slavery, either from storms or from the sea being crowded DEFENSE OF THE PROPOSED MANILIAN LAW. 159 with pirates? Who would ever have supposed that a war of such extent, so mean, so old a war, a war so extensive in its theatre and so widely scattered, could have been terminated by all our general? put together in one year, or by one gen- eral in all the years of his life? In all these later years what province have you had free from pirates ? what revenue has been safe? what ally have you been able to protect? to whom have your fleets been a defense? How many islands do you suppose have been deserted ? how many cities of the allies do you think have been either abandoned out of fear of the pi- rates, or have been taken by them ? XII. But why do I speak of distant events? It was — it was, indeed, formerly — a characteristic of the Roman people to carry on its wars at a distance from home, and to defend by the bulwarks of its power not its own homes, but the fortunes of its allies. Need I say, that the sea has during all these latter years been closed against your allies, when even our own armies never ventured to cross over from Brundusium, except in the depth of winter ? Need I complain that men who were com- ing to you from foreign nations were taken prisoners, when even the embassadors of the Roman people were forced to be ransomed ? Need I Bay, that the sea was not safe for mer- chants, when twelve axes 1 came into the power of the pirates ? Need I mention, how Cnidus, and Colophon, and Samos, most noble cities, and others too in countless numbers, were taken by them, when you know^that your own harbors, and those harbors too from which you derive, as it were, your very life and breath, were in the power of the pirates? Are you igno- rant that the harbor of Caieta, that illustrious harbor, when iull of ships, was plundered by the pirates under the very eyes of the praetor? and that from Misenum, the children of the very man who had before that waged war against the pirates in that place, were earned off by the pirates ? For why should I complain of the disaster of Ostia, and of that stain and blot on the republic, when almost under your very eyes, that fleet which was under the command of a Roman consul was taken and destroyed by the pirates? O ye immortal gods! could the incredible and godlike virtue of one man in so short a time bring so much light to the republic, that you who had lately 1 The Scholiast says that a consul named Milienus (whose name, how- ever, does not appear in the Fasti) was taken prisoner by the pirates, and sold with his ensirns of office. The axes mean his fasces. 160 CICERO'S ORATIONS. been used to see a fleet of the enemy before the mouth of the Tiber, should now hear that there is not one ship belonging to the pirates on this side of the Atlantic 1 ? And although you have seen with what rapidity these things were done, still that rapidity ought not to be passed over by me in speaking of them. — For who ever, even if he were only going for the pur- pose of transacting business or making profit, contrived in so short a time to visit so many places, and to perform such long journeys, with as great celerity as Cnams Pompeius has per- formed his voyage, bearing with him the terrors of war as our JO' O general ? He, when the weather could hardly be called open for sailing, went to Sicily, explored the coasts of Africa ; from thence he came with his fleet to Sardinia, and these three great granaries of the republic he fortified with powerful garrisons and fleets ; when, leaving Sardinia, he came to Italy, having secured the two Spains and Cisalpine Gaul with garrisons and ships. Having sent vessels also to the coast of Illyricum, and to every part of Achaia and Greece, he also adorned the two seas of Italy with very large fleets, and very sufficient garri- sons ; and he himself going in person, added all Cilicia to the dominions of the Roman people, on the forty-ninth day after he S3t out from Brundusium. All the pirates who were any where to be found, were either taken prisoners and put to death, or else had surrendered themselves voluntarily to the power and authority of this one man. Also, when the Cretans had sent embassadors to implore his mercy even into Pamphylia to him, he did not deny them hopes of being allowed to sur- render, and he exacted hostages from them. And thus Cnaeua Pompeius at the end of winter prepared, at the beginning of spring undertook, and by the middle of summer terminated;, this most important war, which had lasted so long, which was scattered in such distant and such various places, and by which 7 very nation and country was incessantly distressed. XIII. This is the godlike and incredible virtue of that gen- eral. What more shall I say ? How many and how great are his other exploits which 1 began to mention a short time back ; for we are not only to seek for skill in war in a con- summate and perfect general, but there arc many other emi- nent qualities which are the satellites and companions of this virtue. And first of all, how great should be the incorrupt- ibility of generals! How great should be their moderation in every thing! how perfect their good faith ! How miners- DEFENSE OF THE PROPOSED MANILIAN LAW 161 al should be their affability ! how brilliant their genius ! how tender their humanity ! And let us briefly consider to what extent these qualities exist in Cnasus Pompeius. For they are all of the highest importance, Romans, but yet they are to be seen and ascertained more by comparison with the con- duct of others than by any display which they make of them- selves. For how can we rank a man among generals of any class at all, if centurionships 1 are sold, and have been con- stantly sold in his army'? What great or honorable thoughts can we suppose that that man cherishes concerning the repub- lic, who lias either distributed the money which was taken from the treasury for the conduct of the war among the mag- istrates, out of ambition 2 to keep his province, or, out of av- arice, has left it behind him at Rome, invested for his own advantage % Your murmurs show, O Romans, that you rec- ognize, in my description, men who have done these things. But I name no one, so that no one can be angry Avith me, without making confession beforehand of his own malprac- tices. But who is there who is ignorant what terrible distresses our armies suffer wherever they go, through this covetousness of our generals ? Recollect the marches which, during these latter years, our generals have made in Italy, through the lands and towns of the Roman citizens ; then you will more easily imagine what is the course pursued among foreign na- tions. Do you think that of late years more cities of the enemy have been destroyed by the arms of your soldiers, or more cities of your own allies by their winter campaigns ? For that general who does not restrain himself can never re- strain his army; nor can he be strict in judging others who is unwilling for others to be strict in judging him. Do we wonder now that this man should be so far superior to all others, when his legions arrived in Asia in such order that not only no man's hand in so numerous an army, but not even any man's footstep was said to have done the least injury to any peaceful inhabitant 1 But now we have daily rumors — ay, and letters too — brought to Rome about the way in which the soldiers are behaving in their winter-quarters ; not only 1 The Scholiast says that Cicero is here hinting at Glabrio the consul, or at the younger Marius. s Lucullus is supposed to be meant here, as it is said tha'- he had em- loved large sums in soliciting the votes of influential men, so as to be eft in command of the province of Asia, in which he had amassed enor- mous riches. I 1C2 CICERO'S ORATIONS. is no once compelled to spend money on the entertainment of the troops, but he is not permitted to do so, even if he wish. For our ancestors thought tit that the houses of our allies and friends should be a shelter to our soldiers from the winter, not a theatre for the exercise of their avarice. XIV. Come now, consider also what moderation he has displayed in other matters also. How was it, do you sup- pose, that he was able to display that excessive rapidity, and to perform that incredible voyage ? For it was no unexam- pled number of rowers, no hitherto unknown skill in naviga- tion, no new winds, which bore him so swiftly to the most distant lands; but those circumstances which are wont to delay other men did not delay him. No avarice turned him aside from his intended route in pursuit of some plunder or other; no lust led him away in pursuit of pleasure; no lux- ury allured him to seek its delights ; the illustrious" reputation of no city tempted him to make its acquaintance ; even labor did not turn him aside to seek rest. Lastly, as for the stat- ues, and pictures, and other embellishments of Greek cities, which other men think worth carrying away, he did not think them worthy even of a visit from him. And, therefore, every one in those countries looks upon Cna?us Porapeius as some one descended from heaven, not as some one sent out from this city. Now they begin to believe that there really were formerly Romans of the same moderation ; which hitherto has seemed to foreign nations a thing incredible, a false and ridic- ulous tradition. Now the splendor of } T our dominion is real- ly brilliant in the eyes of those nations. Now they under- stand that it was not without reason that, when we had man- istrates of the same moderation, their ancestors preferred be- ing subject to the Roman people to being themselves lords of other nations. But now the access of all private individuals to him is so easy, their complaints of the injuries received from others are so little checked, that he who in dignity is superior to the noblest men, in affability seems to be on a par with the meanest. How great his wisdom is, how great his authority and fluency in speaking, — and that too is a quality in which the dignity of a general is greatly concerned, — you, O Romans, have often experienced yourselves in this very place. But how great do you think his good faith must have been toward your allies, when the enemies of all nations have placed implicit con- fidence in it ? His humanity is such that it is difficult to say. DEFENSE OF THE PROPOSED MANILIAN LAW. 163 whether the enemy feared his valor more when fighting against him, or loved his mildness more when they had been conquer- ed by him. And will any one doubt, that this important war ouo-ht to be intrusted to him, who seems to have been born by some especial design and favor of the gods for the express purpose of finishing all the wars which have existed in their own recollection ? XV. And since authority has great weight in conducting wars, and in discharging the duties of military command, it certainlv is not doubtful to any one that in that point this same general is especially pre-eminent. And who is ignorant that it is of great importance in the conduct of wars, what opinion the enemy, and what opinion the allies have of your generals, when we know that men are not less influenced in such serious aftliirs, to despise, or fear, or hate, or love a man by common opinion and common report, than by sure grounds and principles ? What name, then, in the whole world has ever been more illustrious than his? whose achievements have ever been equal to his ? And, what gives authority in the highest degree, concerning whom have you ever passed such numerous and such honorable resolutions? Do you believe that there is any where in the whole world any place so des- ert that the renown of that day has not reached it, when the whole Roman people, the forum being crowded, and all the adjacent temples from which this place can be seen being completely filled, — the whole Roman people, I say, demanded Cnseus Pompeius alone as their general in the war in which the common interests of all nations were at stake ? There- fore, not to say more on the subject, nor to confirm what I say by instances of others as to the influence which authority has in war, all our instances of splendid exploits in war must be taken from this same Cngeus Pompeius. The very day that he was appointed by you commander-in-chief of the mar- itime war, in a moment such a cheapness of provisions ensued, (though previously there had been a great scarcity of corn, and the price had been exceedingly high.) owing to the hope con- ceived of one single man, and his high reputation, as could scarcely have been produced by a most productive harvest aft- er a long period of peace. Now, too, after the disaster which befel us in Pontus, from the result of that battle, of which, sorely against my will, I just now reminded you, when our allies were in a state of alarm, when the power and spirits of 164 CICERO'S ORATIONS. our enemies had risen, and the province was in a very insuf- ficient state of defense, you would have entirely lost Asia, O Romans, if the fortune of the Roman people had not, by some divine interposition, brought Cnaais Pompeius at that partic- ular moment into those regions. His arrival both checked Mithridates, elated with his unusual victory, and delayed Ti- granes, who was threatening Asia with a formidable army. And can any one doubt what he will accomplish by his val- or, when he did so much by his authority and reputation ? or how easily he will preserve our allies and our revenues by his power and his army, when he defended them by the mere ter- ror of his name % i v^ XVI. Come, now ; what a great proof does this circum- stance afford us of the influence of the same man on the en- emies of the Roman people, that all of them, living in coun- tries so far distant from us and from each other, surrendered themselves to him alone in so short a time ? that the embas- sadors of the Cretans, though there was at the time a general 1 and an army of ours in their island, came almost to the end of the world to Cmeus Pompeius, and said, all the cities of the Cretans were willing to surrender themselves to him ? What did Mithridates himself do ? Did he not send an em- bassador into Spain to the same Cnasus Pompeius? a man whom Pompeius has always considered an embassador, but who that party, to whom it has always been a source of an- noyance that he was sent to him particularly, have contend- ed was sent as a spy rather than as an embassador. You can now, then, O Romans, form an accurate judgment how much weight you must suppose that this authority of his — now, too, that it has been farther increased by many subse- quent exploits, and by many commendatory resolutions of your own — will have with those kings and among foreign nations. It remains for me timidly and briefly to speak of Iris good fortune, a quality which no man ought to boast of in his own case, but which we may remember and commemorate as hap- pening to another, just as a man may extol the power of the gods. For my judgment is this, that very often commands have been conferred upon, and armies have been intrusted to Maximus, Marcellus, to Scipio, to Marius, and to other great generals, not only on account of their valor, but also on ac- 1 Metcllus, afterward called Creticus, from his victory over the Cre- tans. DEFENSE OF THE PROPOSED MANILIAN LAW. 165 count of their good fortune. For there has been, in truth, in the case of some most illustrious men, good fortune added as some contribution of the gods to their honor and glory, and as a means of performing mighty achievements. But concern- ing the good fortune of this man of whom we are now speak- ing, T will use so much moderation as not to say that good fortune was actually placed in his power, but I will so speak as to appear to remember what is past, to have good hope of what is to come ; so that my speech may, on the one hand, not appear to the immortal gods to be arrogant, nor, on the other hand, to be ungrateful. Accordingly, I do not intend to mention, O Romans, what great exploits he has achieved both at home and in war, by land and by sea, and with what invariable felicity he has achieved them ; how, not only the citizens have always consented to his wishes, — the allies com- plied with them, — the enemy obeyed them, but how even the winds and weather have seconded them. I will only say this, most briefly, — that no one has ever been so impudent as to dare in silence to wish for so many and such great favors as the immortal gods have showered upon Cnaeus Pompeius. And that this favor may continue his, and be perpetual, you, O Romans, ought to wish and pray (as, indeed, you do), both for the sake of the common safety and prosperity, and for the sake of the man himself. Wherefore, as the war is at the same time so necessary that it can not be neglected, so important that it must be conducted with the greatest care ; and since you have it in your power to appoint a general to conduct it, in whom there is the most perfect knowledge of war, the most extraordinary valor, the 'nost splendid personal influence, and the most eminent good fortune, can you hesitate, O Romans, to apply this wonderful advantage which is offered you and given you by the immortal gods, to the preservation and increase of the power of the re- public? XVLT. But, if Cnaeus Pompeius were a private individual at Rome at this present time, still he would be the man who ought to be selected and sent out to so great a war. But now, when to all the other exceeding advantages of the appointment, this opportunity is also added, — that he is in those very coun- tries already, — that he has an army with him, — that there is another army there which can at once be made over to him by those who are in command of it, — why do we delay ? or 166 CICERO'S ORATIONS. why do we not, under the guidance of the immortal gods them- selves, commit this royal war also to him to whom all the other wars in those parts have been already intrusted to the greatest advantage, to the very safety of the republic *? But, to be sure, that most illustrious man, Quintus Catulus, a man most honestly attached to the republic, and loaded with your kindness in a way most honorable to him; and also Quintus Hortensius, a man endowed with the highest qualities of honor, and fortune, and virtue, and genius, disagree to this proposal. And I admit that their authority has- in many in- stances had the greatest weight with you, and that it ought to have the greatest weight ; but in this cause, although you are aware that the opinions of many very brave and illustrious men are unfavorable to us, still it is possible for us, disregard- ing those authorities, to arrive at the truth by the circum- stances of the case and by reason. And so much the more easily, because those very men admit that every thing which has been said by me up to this time is true, — that the war is necessary, that it is an important war, and that all the requisite qualifications are in the highest perfection in Cnseus Pompeius. What then, does Hortensius say u ? " That if the whole power must be given to one man, Pompeius alone is most worthy to have it ; but that, nevertheless, the power ought not to be in- trusted to one individual." That argument, however, has now become obsolete, having been refuted much more by facts than by words. For you, also, Quintus Hortensius, said many things with great force and fluency (as might be expected from your exceeding ability, and eminent facility as an orator) in the senate against that brave man, Aulus Gabinius, when he had brought forward the law about appointing one com- mander-in-chief against the pirates ; and also from this place where I now stand, you made a long speech against that law. What then % By the immortal gods, if your authority hadjiad greater weight with the Roman people than the safety and real interests of the Roman people itself, should we have been this day in possession of our present glory, and of the empire of the whole earth ? Did this, then, appear to you to be domin- ion, when it was a common thing for the embassadors, and praetors, and quaestors of the Roman people to be taken pris- oners ? when we were cut off from all supplies, both public and private, from all our provinces'? when all the seas were so closed asrainst us, that we could neither visit any private (state of our own, nor any public domain beyond the sea ! DEFENSE OF THE PROPOSED MANILIAN LAW. 167 XVIII. What city ever was there before this time, — I speak not of the city of the Athenians, which is said former- ly to have had a sufficiently extensive naval dominion ; nor of that of the Carthaginians, who had great power with their fleet and maritime resources ; nor of those of the Rhodians, whose naval discipline and naval renown has lasted even to our recollection, — but was there ever any city before this time so insignificant, if it was only a small island, as not to be able by its own power to defend its harbors, and its lands, and some part of- its country and maritime coast 1 But, forsooth, for many years before the Gabinian law was passed, the Ro- man people, whose name, till within our own memory, re- mained invincible in naval battles, was deprived not only of a great, ay, of much the greatest part of its usefulness, but also of its dignity and dominion. We, whose ancestors con- quered with our fleets Antiochus the king, and Perses, and in every naval engagement defeated the Carthaginians, the best practiced and best equipped of all men in maritime affairs ; we could now in no place prove ourselves equal to the pirates. We, who formerly had not only all Italy in safety, but who were able by the authority of our empire to secure the safety of all our allies in the most distant countries, so that even the island of Delos, situated so far from us in the iEgean sea, at which all men were in the habit of touching with their mer- chandise and their freights, full of riches as it was, little and unwalled as it was, still was in no alarm ; we, I say, were cut off, not only from our provinces, and from the sea-coast of Italy, and from our harbors, but even from the Appian road ; and at this time, the magistrates of the Roman people were not ashamed to come up into this very rostrum where I am standing, which your ancestors had bequeathed to you adorned with nautical trophies, and the spoils of the enemy's fleet. XIX. When you opposed that law, the Roman people, O Quintus Hortensius, thought that you, and the others who held the same opinion with you, delivered your sentiments in a bold and gallant spirit. But still, in a matter affecting the safety of the commonwealth, the Roman people preferred con- sulting its own feelings of indignation to your authority. Ac- cordingly, one law, one man, and one year, delivered us not only from that misery and disgrace, but also caused us again at length to appear really to be masters of all nations and 108 CICERO'S ORATIONS. countries by land and sea. And on this account the endeav- or to detract, shall I say from Gabinius, or from Pompeius. or (what would be truer still) from both ? appears to me par- ticularly unworthy ; being done in order that Aulus Gabin- ius might not be appointed lieutenant to Cnaeus Pompeius, though he requested and begged it. Is he who begs for a particular lieutenant in so important a war unworthy to ob- tain any one whom he desires, when all other generals have taken whatever lieutenants they chose, to assist them in pil- laging the allies and plundering the provinces ? Or ought he, by whose law safety and dignity has been given to the Ro- man people, and to all nations, to be prevented from sharing in the glory of that commander and that army, which exists through his wisdom and was appointed at his risk? Was it allowed to Caius Falcidius, to Quintus Metellus,«to Quin- tus Caslius Laterensis, and to Cnasus Lentulus, all of whom I name to do them honor, to be lieutenants the year after they had been tribunes of the people ; and shall men be so exact in the case of Gabinius alone, who, in this war which is car- ried on under the provisions of the Gabinian law, and in the case of this commander and this army which he himself ap- pointed with your assistance, ought to have the first right of any one? And concerning whose appointment as lieutenant 1 hope that the consuls will bring forward a motion in the senate ; and if they hesitate, or are unwilling to do so, I un- dertake to bring it forward myself; nor, O Romans, shall the hostile edict of any one deter me from relying on you and de- fending your privileges and your kindness. Nor will I listen to any thing except the interposition of the tribunes ; and as to that, those very men who threaten it, will, I apprehend, con- sider over and over again what they have a right to do. In my own opinion, O Romans, Aulus Gabinius alone has a right to be put by the side of Cnaeus Pompeius as a partner of the glory of his exploits in the maritime war ; because the one, with the assistance of your votes, gave to that man alone the task of undertaking that war, and the other, when it was in- trusted to him, undertook it and terminated it. XX. It remains for me to speak of the authority and opin- ion of Quintus Catulus ; who, when he asked of you, if you thus placed all your dependence on Cnaeus Pompeius, in whom you would have any hope, if any thing were to happen to him, cocci ved a splendid reward for his own virtue and worth, when DEFENSE OF THE PROPOSED MANILIAN LAW. 169 vou all, with almost one voice, cried out that you would, in that case, put } r our trust in him. In truth he is such a man, that no affair can be so important, or so difficult, that he can not manage it by his wisdom, or defend it by his integrity, or terminate it by his valor. But, in this case, I entirely differ from him ; because, the less certain and the less lasting the life of man is, the more ought the republic to avail itself of the life and valor of any admirable man, as long as the im- mortal gods allow it to do so. But let no innovation be es- tablished contrary to the precedents and principles of our an- cestors. I will not say, at this moment, that our ancestors in peace always obeyed usage, but in war were always guided by expediency, and always accommodated themselves with new plans to the new emergencies of the times. I will not say that two most important wars, the Punic war and the Spanish war, were put an end to by one general ; that two most powerful cities, which threatened the greatest danger to this empire — Carthage and Numantia, were destroyed by the same Scipio. I will not remind you that it was but lately determined by you and by your ancestors, to rest all the hopes of the empire on Caius Marios, so that the same man conducted the war against Ju^urtha, and against the Cimbri, and against the Teutones. But recollect, in the case of Cnasus Pompeius himself, with ref- erence to whom Catulus objects to having any new regulations introduced, how many new laws have been made with the most willing consent of Quintus Catulus. XXI. For what can be so unprecedented as for a young man in a private capacity to levy an army at a most critical time of the republic 1 He levied one. — To command it? He did command it. — To succeed gloriously in his undertaking? He did succeed. What can be so entirely contrary to usage, as for a very young man, whose age 1 fell far short of that re- ' " As regards die age at which a person might become a senator, we have no express statement for the time of the republic, although it ap- pears to have been fixed by some custom or law, as the atas senatoria is frequently mentioned, especially during the latter period of the republic ; but we may by induction discover the probable age. We know that ac- cording to the law of the tribune Villius the age fixed for the quaestorship was thirty-one. Now as it might happen that a quaestor was made a senator immediately after the expiration, of his office, we may presume that the earliest age at which a man could become a senator was thirty- two. Augustus at last fixed the senatorial age at twenty-five, which ap- pears to have remained unaltered throughout the time of the empire." — Smith. Diet Ant. p. 851, v. Senatus. H 170 CICERO'S ORATIONS. quired for the rank of a senator, to have a command and an army intrusted to him ? to have Sicily committed to his care, and Africa, and the war which was to be carried on there? He conducted himself in these provinces with singular blame- lessness, dignity, and valor ; he terminated a most serious war in Africa, and brought away his army victorious. But what was ever so unheard-of as for a Roman knight to have a tri- umph? But even that circumstance the Roman people not only saw, but they thought that it deserved to be thronged to and honored with all possible zeal. "What was ever so un- usual, as, when there were two most gallant and most illus- trious consuls, for a Roman knight to be sent as proconsul to a most important and formidable war ? He was so sent — on which occasion, indeed, when some one in the senate said that a private individual ought not to be sent as proconsul, Lucius Philippus is reported to have answered, that if he had his will he should be sent not for one consul, but for both the consuls. Such great hope was entertained that the affairs of the repub- lic would be prosperously managed by him, that the charge which properly belonged to the two consuls was intrusted to the valor of one young man. What was ever so extraordi- nary as for a man to be released from all laws by a formal resolution of the senate, and made consul before he was of an age to undertake any other magistracy according to the laws ? What could be so incredible, as for a Roman knight to cele- brate a second triumph in pursuance of a resolution of the sen- ate 1 All the unusual circumstances which in the memory of man have ever happened to all other men put together, are not so many as these which we see have occurred in the history of this one man. And all these instances, numerous, important, and novel as they are, have all occurred in the case of the same man, taking their rise in the authority of Quintus Catulus him- self, and by that of other most honorable men of the same rank. XXH. Wherefore, let them take care that it is not consid- ered a most unjust and intolerable thing, that their authori- ty in matters affecting the dignity of Cnasus Pompeius should hitherto have been constantly approved of by you, but that your judgment, and the authority of the Roman people in the case of the same man, should be disregarded by them. Es- pecially when the Roman people can now, of its own right, defend its own authority with respect to this man against all " '» dispute it, — because, when those very same men object- d DEFENSE OF THE PROPOSED MANILIAN LAW. 171 ed, you chose him alone of all men to appoint to the manage- ment of the war against the pirates. If you did this at ran- dom, and had but little regard for the interests of the repub- lic, then they are right to endeavor to guide your party spirit by their wisdom ; but if you at that time showed more fore- sight in the affairs of the state than they did ; if you, in spite of their resistance, by yourselves conferred dignity on the em- pire, safety on the whole world ; then at last let those noble men confess that both they and all other men must obey the authority of the universal Roman people. And in this Asiatic and royal war, not only is that military valor required, which exists in a singular degree in Cnseus Pompeius, but many oth- er great virtues of mind are also demanded. It is difficult for your commander-in-chief in Asia, Cilicia, Syria, and all the kingdoms of the inland nations, to behave in such a manner as to think of nothing else but the enemy and glory. Then, even if there be some men moderate and addicted to the prac- tice of modesty and self-government, still, such is the multi- tude of covetous and licentious men, that no one thinks that these are such men. It is difficult to tell you, O Romans, how great our unpopularity is among foreign nations, on account of the injurious and licentious behavior of those whom we have of late years sent among them with military command. For, in all those countries which are now under our domin- ion, what temple do you think has had a sufficiently holy rep- utation, what city has been sufficiently sacred, what private house has been sufficiently closed and fortified, to be safe from them? *They seek out wealthy and splendid cities to find pretense for making war on them for the sake of plundering them. I would willingly argue this with those most eminent and illustrious men, Quintus Catulus and Quintus Horten- sius ; for they know the distresses of the allies, they see their calamities, they hear their complaints. Do you think that you are sending an army in defense of your allies against their enemies, or rather, under pretense of the existence of en- emies, against your allies and friends themselves 1 ? What city is there in Asia which can stand the ferocity and arrogance, I will not say of the army, of a commander-in-chief, or of a lieutenant, but of even the brigade of one single military trib- une? XXIII. So that even if you have any one who may appear able to cope in terms of advantage with the king's armies, 172 CICERO'S ORATIONS. rtill, unless he be also a man who can keep his hands, and eyes, and desires from the treasures of the allies, from their wives and children, from the ornaments of their temples and cities, from the gold and jewels of the king, he will not be a fit person to be sent to this Asiatic and royal war. Do you think that there is any city there peacefully inclined toward us which is rich 1 Do you think that there is any rich city there, which will appear to those men to be peacefully in- clined toward us? The sea-coast, O Romans, begged for Cnseus Pompeius, not only on account of his renown for mili- tary achievements, but also because of the moderation of his disposition. For it saw that it was not the Roman people that was enriched every year by the public money, but only a few individuals, and that we did nothing more by the name of our fleets beyond sustaining losses, and so covering ourselves with additional disgrace. But now, are these men, who think that all these honors and offices are not to be conferred on one person, ignorant with what desires, with what hope of retriev- ing past losses, and on what conditions, these men go to the provinces? As if Cnaeus Pompeius did not appear great in our eyes, not only on account of his own positive virtues, but by a comparison with the vices of others. And, therefore, do not you doubt to intrust every thing to him alone, when he has been found to be the only man for many years whom the allies are glad to see come to their cities with an army. And if you think that our side of the argument, O Romans, should be confirmed by authorities, you have the authority qf Publius Servilius, a man of the greatest skill in all wars, and in affairs of the greatest importance, who has performed such mighty achievements by land and sea, that, when you are deliberating about wa?' ; no one's authority ought to have more weight with V you. You have the authority of Caius Curio, a man who hasTV\ received great kindnesses from you, who has performed great ^ exploits, who is indued with the highest abilities and wisdom ; and of Cna3us Lentulus, in whom all of you know there is (as, indeed, there ought to be, from the ample honors which you have heaped upon him) the most eminent wisdom, and the greatest dignity of character ; and of Caius Cassius, a man of extraordinary integrity, and valor, and virtue. Consider, there- fore, whether we do not seem by the authority of these men to give a sufficient answer to the speeches of those men who differ from us- DEFENSE OF THE PROPOSED MANILIAN LAW. 173 XXIV. And as this is the case, O Caius Manilius, in the first place, I exceedingly praise and approve of that law of yours, and of your purpose, and of your sentiments. And in the second place, I exhort you, having the approbation of the Roman people, to persevere in those sentiments, and not to fear the violence or threats of any one. And, first of all, I think you have the requisite courage and perseverance ; and, secondly, when we see such a multitude present displaying such zeal in our cause as we now see displayed for the second time, in appointing the same man to the supreme command, how can we doubt in the matter, or question our power of carrying our point ? As for me, all the zeal, and wisdom, and industry, and ability of which I am possessed, all the influence which I have through the kindness shown for me by the Ro- man people, and through my power as praetor, as also, through my reputation for authority, good faith, and virtue, all of it I pledge to you and the Roman people, and devote to the object of carrying this resolution. » v -"And I call all the gods to witness, and especially those who preside over this place and temple, who see into the minds of all those who apply themselves to affairs of state, that I am not doing this at the request of any one, nor because I think to conciliate the favor of Cnseus Pom- peius by taking this side, nor in order, through the greatness of any one else, to seek for myself protection against dangers, or aids in the acquirement of honors; because, as for dangers, we shall easily repel them, as a man ought to do, protected by our own innocencat and as for honors, we shall not gain them by the favor of a«|k men, nor by any thing that happens in this place, but by the%ame laborious course of life which I have hitherto adopted, if your favorable inclination assists me. "Wherefore, whatever I have undertaken in this cause, Romans, I assure you that I have undertaken wholly for the sake of the republic ; and I am so far from thinking that 1 have gained by it the favor of any influential man, that I know, on the other hand, that I have brought on myself many enmities, some secret, some undisguised, which I never need have incurred, and which yet will not be mischievous to you. But I have considered that I, invested with my present hon- ors, and loaded with so many kindnesses from you, ought to prefer your inclination, and the dignity of the republic, and the safety of our provinces and allies, to all considerations of my own private interest. 174 CICERO'S ORATIONS. THE SPEECH OF M. T. CICERO IN DEFENSE OF TITUS ANNIUS MILO. THE ARGUMENT. Titus Annius Milo, often in the following speech called only Titus Anni- us, stood for the consulship while Clodius was a candidate for the prae- torship, and daily quarrels took place in the streets between their arm- ed retainers and gladiators. Milo, who was dictator of Lanuvium, his native place, was forced to go thither to appoint some priests, etc. ; and Clodius, who had been to Aricia, met him on his road. Milo wa6 in his carriage with his wife, and was accompanied by a numerous reti- nue, among whom were some gladiators. Clodius was on horseback, with about thirty armed men. The followers of each began to fight, and when the tumult had become general, Clodius was slain, probably by Milo himself. The disturbances at Rome became so formidable that Pompey was created sole consul ; and soon after he entered on his office, a.u.c. 702, Milo was brought to trial. This speech, however, though composed by Cicero, was not spoken, for he was so much alarmed by the violence of Clodius's friends, that he did not dare to use the plain lan- guage he had proposed. Milo was convicted and banished to Marseilles. I. Although I am afraid, O judges, that it is a base thing for one who is beginning to speak for a very brave man to be alarmed, and though it is far from Incoming, when Titus Annius Milo himself is more disturbed for the safety of the republic than for his own, that I should not be able to bring to the cause a similar greatness of mind, yet this novel ap- pearance of a new 1 manner of trial alarms my eyes, which; wherever they fall, seek for the former customs of the forum and the ancient practice in trials. For your assembly is not surrounded by a circle of by-standers as usual ; we are not attended by our usual company. 2 For those guards which you behold in front of all the tem- ples, although they are placed there as a protection against 1 This was an extraordinary trial, held under a new law just passed by Pompey ; and it was presided over, not by the praetor, but by Lucius Domitius Ahenobarbus, who was expressly appointed by the comitia president of the judges on this occasion. 2 Pompey was present at the trial, surrounded by his officers, and he had filled the forum and all its precincts with armed men, for the sake of keeping the peace. FOR T A. MILO. 175 violence, yet they bring no aid to the orator ; so that even in the forum and in the court of justice itself, although we are protected with all salutary and necessary defenses, yet we can not be entirely without fear. But if I thought this adverse to Milo, I should yield to the times, O judges, and among such a crowd of armed men, I should think there was no room for an orator. But the wisdom of Cmeus Pompeius, a most wise and just man, strengthens and encourages me ; who would certainly neither think it suitable tp his justice to deliver that man up to the weapons of the soldiery whom he • had given over as an accused person to the decision of the judges, nor suitable to his wisdom to arm the rashness of an excited multitude with public authority. So that those arms, those centurions, those cohorts, do not announce danger to us, but protection ; nor do they expect us only to be calm, but even to be courageous ; nor do they promise only assistance to my defense, but also silence. And the rest of the multitude, which consists of citizens, is wholly ours ; nor is there any one individual among those whom you see from this place gazing upon us from all sides from which/ any part of the forum can be seen, and watching the resultA of this trial, who, while he favors the virtue of Milo, does not think that this day in reality his own interests, those of his children, his country, and his fortunes, are at stake. II. There is one class adverse and hostile to us, — those whom the madness of Publius Clodius has fed on rapine, on conflagration, and on every sort of public disaster; and who were, even in the assembly held yesterday, exhorted 1 to teach you, by their clamor, what you were to decide. But such shouts, if any reached you, should rather warn you to retain him as a citizen who has always slighted that class of men, and their greatest clamor, in comparison w r ith your safety. Wherefore, be of good corn-age, O judges, and lay aside your alarm, if indeed you feel any ; for if ever- you had to decide about good and brave men, and about citizens who had de- served well of their country, if ever an opportunity was given to chosen men of the most honorable ranks to show by their deeds and resolutions that disposition toward brave and good citizens which they had often declared by their looks and by their words, all that power you now have, when you are to 1 Munatius Plancus, the day before, had exhorted the people not to "suffer Milo to escape. 176 CICERO'S ORATIONS. determine whether we who have always been wholly devoted to your authority are to be miserable, and to mourn for ever, or whether, having been long harassed by the most abandoned citizens, we shall at length be reprieved and set up again by you, your loyalty, your virtue, and your wisdom. For what, judges, is more full of labor than we both are, what can be either expressed or imagined more full of anxiety and uneasiness than we are, who being induced to devote our- selves to the republic by the hope of the most honorable re- wards, yet can not be free from the fear of the most cruel punishments? I have always thought indeed that Milo had to encounter the other storms and tempests in these billows of the assemblies because he always espoused the cause of the good against the bad; but in a court of justice, and in that council in which the most honorable men of all ranks are sitting as judges, I never imagined that Milo's enemies could have any hope of diminishing his glory by the aid of such men, much less of at all injuring his safety. Although in this cause, O judges, we shall not employ the tribuneship of Titus Annius, and all the exploits which he % has performed for the safety of the republic, as topics for our defense against this accusation, unless you see with your own eyes that a plot was laid against Milo by Clodius ; and w-e shall not entreat you to pardon us this one offense in consid- eration of our many eminent services to the republic, nor shall we demand, if the death of Publius Clodius was your safety,, that on that account you should attribute it rather to the virtue of Milo, than to the good fortune of the Roman people; but if his plots are made clearer than the day, then indeed I shall entreat, and shall demand of you, O judges, that, if we have lost every thing else, this at least may be left us, — name- ly, the privilege of defending our lives from the audacity and weapons of our enemies with impunity. III. But before I conic to that part of my speech which especially belongs to this trial, it seems necessary to refute those things which hove been often said, both in the senate by our enemies, and in the assembly of the people by wicked men, and lately, too, by our prosecutors; so that when every cause of alarm is removed, you may be able distinctly to see % the matter which is the subject of this trial. They say that that man ought no longer to see the light who confesses that another man has been slain by him. In what city, then, are FOR T. A. MILO. 177 these most foolish men using this argument ? In this one, forsooth, where the first trial for a man's life that took place at all was that of Marcus Horatius, a most brave man, who even before the city was free was yet acquitted by the assem- bly of the Ivoinan people, though he avowed that his sister had been slain by his hand. Is there any one who does not know, that when inquiry is made into the slaying of a man, it is usual either altogether to deny that the deed has been done, or else to defend it on the ground that it was rightly and lawfully done ? unless, indeed, you think that Publius Africanus was out of his mind, who, when he was asked in a seditious spirit by Caius Carbo, a ! tribune of the people, what was his opinion of the death of Tiberius Gracchus, answered that he seemed to have been rightly slain. For neither could Servilius Ahala, that emi- nent man, nor Publius Nasica, nor Lucius Opimius, nor Caius Marius, nor indeed the senate itself during my consulship,, have been accounted any thing but wicked, if it was unlawful for wicked citizens to be put to death. And therefore, O judges, it was not without good reason, that even in legend-* ary fables learned men have handed down the story, that he, who for the sake of avenging his father had killed his mother, when the opinions of men varied, was acquitted not only by • the voices of the gods, but even by the very wisest goddess. And if the Twelve Tables have permitted that a nightly robber may be slain any way, but a robber by day if he de- fends himself, with a weapon, who is there who can think a man to be punished for slaying another, in whatever way he is slain, when he sees that sometimes a sword to kill a man with is put into our hands by the very laws them- selves ? TV. But if there be any occasion on which it is proper to slay a man, — and there are many such, — surely that occasion is not only a just one, but even a necessary one, when vio- lence is offered, and can only be repelled by violence. When a military tribune offered violence to a soldier in the army of Caius Marius, the kinsman of that commander was slain by the man whom he was insulting ; for the virtuous youth chose to act, though with danger, rather than to suffer infamously ; and his illustrious commander acquitted him of all guilt, and treated him well.^f But what death can be unjust when in- flicted on a secret plotter and robber? H2 ^ 178 CICERO'S ORATIONS. What is the meaning of our retinues, what of our swords ? Surely it would never be permitted to us to have them if we might never use them. This, therefore, is a law, O judges, not written, but born witli us, — which we have not learned, or received by tradition, or read, but which we have taken and sucked in and imbibed from nature herself; a law which we were not taught, but to which we were made, — which we were not trained in, but which is ingrained in us, — namely, that if our life be in danger from plots, or from open violence, or from the weapons of robbers or enemies, every means of securing our safety is honorable. For laws are silent when arms are raised, and do not expect themselves to be waited for, when he who waits will have to suffer an undeserved penalty before he can exact a merited punishment. The law very wisely, and in a manner silently, gives a man a right to defend himself, and does not merely forbid a man to be slain, but forbids any one to have a weapon about him with the object of slaying a man ; so that, as the object, and not the weapon itself, is made the subject of the inquiry, the ■•man who had 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 princi- * pie be remembered by you in this trial, O judges ; for I do not doubt that I shall make good my defense before you, if you only remember — what you can not forget — that a plotter against one may be lawfully slain. ^ V. The next point is one which is often asserted by the enemies of Milo, who say that the senate has decided that the slaughter by which Publius Clodius fell was contrary to the interests of the republic. But, in fact, the senate has approved, not merely by their votes, but even zealously. For how often has that cause been pleaded by us in the senate? with what great assent of the whole body ? and that no silent nor con- cealed assent ; for when in a very full senate were there ever four or five men found who did not espouse Milo's cause? Those lifeless assemblies of this nearly burnt 1 tribune of the people show the fact; assemblies in which he daily used to try • After Clodius's death, Munatius Plancus, the tribune, exposed his body on the rostrum, and harangued the people against Milo ; the pop- ulace carried the body into the senate-house, and made a pile of the seats to burn it, in doing which they burnt the senate-house, and Plancus him- self with difficulty escaped. FOR T. A. MILO. I79 and bring my power into unpopularity, by saying that the sen- ate did not pass its decrees according to what it thought itself, but as I chose. And if, indeed, that ought to be called power, rather than a moderate influence in a righteous cause on account of crreat services done to the republic, or some popularity among the good on account of dutiful labors for its sake, let it be called so, as long as we employ it for the safety of the good in oppo- sition to the madness of the wicked. 1/ But this investigation, though it is not an unjust one, yet is not one which the senate thought ought to be ordered ; for there were regular laws and forms of trial for murder, or for assault ; jnor did the death of Publius Clodius cause the senate such concern and sorrow that any new process of investigation need have been appointed ; I for when the senate had had the power of decreeing a trial in the matter of that impious pol- lution of which he was guilty taken from it, who can believe it thought it necessary to appoint a new form of trial about his death ? Why then did the senate decide that this burning of the senate-house, this siege laid to the house of M. Lepidus and this very homicide, had taken place contrary to the inter- est of the republic? I Why, because no violence from one citizen to another can ever take place in a free state which is not contrary to the interests of the republic. For the defend- ing of one's self against violence is never a thing to be wished for; but it is sometimes necessary, /unless, indeed, one could say that that day on which Tiberius Gracchus was slain, or that day when Caius was,|or the day when the arms of Satur- nius were put down, even if they ended as the welfare of the republic demanded, were yet no wound and injury to the re- public. VI. Therefore I myself voted, when it was notorious that a homicide had taken place on the Appian road,fnot that he who had defended himself had acted in a manner 'contrary to the interests of the republic; but as there was violence and treachery in the business, I reserved the charge for trial, I ex- pressed my disapprobation of the business. And if the senate had not been hindered by that frantic tribune from executing its wishes, w^ should not now have this novel trial. For the senate voted that an extraordinary investigation should take! place according to the ancient laws. A division took place, | it does not signify on whose motion, for it is not necessary to > ■ 180 CICERO'S ORATIONS. mention the worthlessness of every one, and so the rest of the authority of the senate was destroyed by this corrupt interces- sion. " Oh, but Cnaeus Pompeius, by his bill, gave his decision both about the fact and about the cause. For he brought in a bill about the homicide which had taken place on the Ap- pian road, in which Publius Clodius was slain." What then "did he propose? That an inquiry should be made. What is to be inquired about? Whether it was committed? That is clear. By whom? That is notorious, jjt He saw that a de* fense as to the law and right could be undertaken, even at the very moment of the confession of the act. But if he had no£ seen that he who confessed might yet be acquitted, when he saw that we did not confess the fact, he would never have or- dered an investigation to take place,. nor would he have given you at this trial the power 1 of acquitting as well as that of ( on- demning. But it seems to me that Cneeus Pompeius not only delivered no decision at all unfavorable to Milo,: but that he also pointed out what you ought to turn your attention to in deciding. For he who did not assign a punishment to the " confession, but required a defense of it, he clearly thought that what was inquired into was the cause of the death, and not the mere fact of the death. Now he himself shall tell us whether what he did of his own accord was done out of rcgai d for Publius Clodius, or from a compliance with the times. VII. A most noble man, a bulwark, and in those times, in- deed, almost a protector of the senat#, the uncle of this our judge, of that most fearless man Marcus Cato, Marcus Drusus, a tribune of the people, was slain in his own house. The peo- ple had never any reference made to them in the matter of his death, no investigation was voted by the senate. What great grief was there, as we have heard from our forefathers in this city, when that attack was made by night on Publius Africanus, while sleeping in his own house ! Who was there then who did not groan, who did not burn with indignation, that men should not have waited even for the natural and in- evitable death of that man whom, if possible, all would have wished to be immortal ? 1 Literally, "this wholesome letter, as well as that melancholy one." The letter A was the " wholesome" letter, being the initial of absoho, I acquit ; the letter C the melancholy one, being the initial of condemn. I condemn. FOR T. A. MILO. 181 Was there then any extraordinary investigation into the death of Africanus 1 voted ? Certainly none. Why so ? Be- cause the crime of murder is not different when eminent men, or when obscure ones are slain^ Let there be a difference be- tween the dignity of the lives of the highest and lowest citi- zens. If their death be wrought by wickedness, that must be avenged by the same laws and punishments in either case ; unless, indeed, he be more a parricide who murders a father of consular rank than he who murders one of low degree ; or, as if the death of ^ublius Clodius is to be more criminal be^ cause he was slain among the monuments of his ancestors, — for this is constantly said by that party ; fas if, I suppose, that /illustrious Appius Caecus made that road, not that the nation might have a road to use, but that his own posterity might have a place in which to rob with impunity. Y Therefore in that same Appian road, when Publius Clo- dius had slain a most accomplished Roman knight, Marcus Papirius, that crime was not to be punished ; for a nobleman among his own family monuments had slain a Roman knight. Now what tragedies does the name of that same Appian road awaken ? which, though nothing was said about it formerlv, when stained with the murder of an honorable and innocent mantis now incessantly mentioned ever since it has been dyed with the blood of a robber and a parricide. But why do I speak of these things'? A slave of Publius Clodius was ar- rested in the temple of Castor, whom he had placed there to murder Cnoeus Pompeius ; the dagger was wrested from his hands and he confessed his design ; after that Pompeius ab- u sented himself from the forum, absented himself from the sen- v { ate, and from all public places ; he defended himself within his own doors and walls, not by the power of the laws and tribunals. 1 After the death of Tiberius Gracchus, Publius ^Emilianus Africanus Scipio, the conqueror of Carthage and Numantia, was known to be hos- tile to the agrarian law, and threw every obstacle in the way of it ; his enemies gave out that he intended to abrogate it by force. One morning he was found dead in his bed without a wound. The cause and manner of his death were unknown ; some said it was natural ; some, that he had slain himself; some, that his wife Sempronia, the sister of Gracchus, had strangled him. His slaves, it was said, declared that some strangers had been introduced into the house at the back, who had strangled him, and the triumvir Carbo is generally believed to have been the chief agent in his murder, and is expressly mentioned as the muir*.*.*** by Cicero, Ep. ad Q. Fr. ii. 3. 182 CICERO'S ORATIONS. Was any motion made? was any extraordinary investiga- tion voted? But if any circumstance, if any man, if any oc- casion was ever important enough for such a step, certainly all these things were so in the greatest degree in that cause. The assassin had been stationed in the forum, and in the very vestibule of the senate. Death was being prepared for that man on whose life the safety of the senate depended. LtMore- over, at that crisis of the republic, when, if he alone had died, not only this state, but all the nations in the world would have been ruined, — unless, indeed, the crime was not to be \ punished because it was not accomplished, just as if the exe- cution of crimes was chastised by the laws, and not the inten- tions of men, — certainly there was less cause to grieve, as the deed was not accomplished, but certainly not a whit the less cause to punish. How often, O judges, have I myself escaped from the weapons and from the bloody hands of Publius Clo- dius ! But if my good fortune, or that of the republic, had not preserved me from them, who would have proposed any investigation into my death ? VIII. But it is foolish of us to dare to compare Drusus, Afrieanus, Pompeius, or ourselves, with Publius Clodius. All these things were endurable. The death of Publius Clodius no one can bear with equanimity. The senate is in mourn- ing ; the knights grieve ; the whole state is broken down as if with age ; the municipalities are in mourning ; the colonies are bowed down ;]' the very fields even regret so beneficent, so useful, so kind-hearted a citizen ! That was not the cause, O judges, it was not indeed, why Pompeius thought an investi- gation ought to be proposed by him ; but being a man wise and endowed with lofty and almost divine intellect, he saw many things, — that Clodius was his personal enemy, Milo his intimate friend ; ihe feared that, if he were to rejoice in the common joy of all men, the belief in his reconciliation with Clodius would be weakened. He saw many other things, too, but this most especially, — that in whatever terms of se- verity he proposed the motion, still you would decide fearless- ly. Therefore, he selected the very lights of the most emi- nent ranks of the state. He did not, indeed, as some are con- stantly saying, exclude my friends in selecting the tribunals ; for neither did that most just man think of this, nor, when he was selecting good men, could he have managed to do so, even had he wished ; for my influence would not be limited FOR T. A. MILO. 183 by my intimacies, which can never be very extensive, because one can not associate habitually with many people ; but, if we have any influence, we have it on this account, because the republic has associated us with the virtuous ; and, when he was selecting the most excellent of them, and as he thought that it especially concerned his credit to do so, he was un- able to avoid selecting men who were well-disposed toward me. But as for his especially appointing you, O Lucius Domi- this, to preside over this investigation, in that he was seeking nothing except justice, dignity, humanity and good faith. He passed a law that it must be a man of consular dignity, be- cause, I suppose, he considered the duty of the men of the highest rank to resist both the fickleness of the multitude and the rashness of the profligate; and of the men of consular rank he selected you above all ; for from your earliest youth you had given the most striking proofs how you despised the mad- ness of the people. IX. Wherefore, O judges, that we may at last come to the subject of action and the accusation, if it is neither the case that all avowal of the deed is unprecedented, nor that any thing has been determined about our cause by the senate dif- ferently to what we could wish ; and if the proposer of the law himself, when there was no dispute as to the deed, yet thought that there should be a discussion as to the law ; and if the judges had been chosen, and a man appointed to pre- side over the investigation, to decide these matters justly and wisely ; it follows, O judges, that you have now nothing else to inquire into but which plotted against the other ; and that you may the more easily discern this, attend carefully, I en- treat you, while I briefly explain to you the matter as it oc- curred. When Publius Clodius had determined to distress the re- public by all sorts of wickedness during his praetorship, and saw that the comitia were so delayed the year before, that he would not be able to continue his praetorship many months, as he had no regard to the degree of honor,. as others have, but both wished to avoid having Lucius Paullus, a citizen of sin- gular virtue, for his colleague, and also to have an entire year to mangle the republic ; on a sudden he abandoned his own year, and transferred himself to the next year, not from any religious scruple, but that he might have, as he said himself 184 CICERO'S ORATIONS. a full and entire year to act as praetor, that is, to overthrow the republic. It occurred to him that his praetorship would be crippled and powerless, if Milo was consul; and, moreover, he saw that he was being made consul with the greatest unanimity of the Roman people. He betook himself to his competitors, but in such a manner that he alone managed the whole elec- tion, even against their will, — that he supported on his own shoulders, as he used to say, the whole comitia, — he convoked the tribes, — he interposed, — he erected a new Colline tribe by the enrollment of the most worthless of the citizens. In pro- portion as the one caused greater confusion, so did the other ac- quire additional power every day. When the fellow, prepared for every atrocity, saw that a most brave man, his greatest en- emy, was a most certain consul, and that that was declared, not only by the conversation of the Roman people, but also by their votes, he began to act openly, and to say without dis- guise that Milo must be slain. He had brought down from the Aoennines rustic and bar- barian slaves, whom you saw, with whom he had ravaged the public woods and Etruria. The matter was not concealed at all. In truth, he used to say undisguisedly that the consul- ship could not be taken from Milo, but that life could. He often hinted as much in the senate ; he said it plainly in the public assembly. Besides, when Favonius, a brave man, ask- ed him what he hoped for by giving way to such madness while Milo was alive % he answered him, that in three, or at most in four days, he would be dead. And this saying of his Favonius immediately reported to Marcus Cato, who is here present. X. In the mean time, as Clodius knew — and it was not hard to know it — that Milo was forced to take a yearly, le- gitimate, necessary journey on the twentieth of January to Lanuvium to appoint a priest, 1 because Milo was dictator of Lanuvium, on a sudden he himself left Rome the day before, in order (as was seen by the event) to lay in ambush for Milo in front of his farm ; and he departed, so that he was not pres- ent at a turbulent assembly in which his madness was greatly missed, and which was held that very day, and from which he never would have been absent, if he had not desired to avail himself of the place and opportunity for a crime. ' It was the priest of Juno Sospita, who was the patroness of Lanuvium FOR T. A. MILO. 1«5 But Milo, as he had been that day in the senate till it was dismissed, came home, changed his shoes and his garments, waited a little, as men do, while his wife was getting ready, and then started at the time when Clodius might have re- turned, if, indeed, he had been coming to Rome that day. * Clodius meets him unencumbered on horseback, with no car- """ riage, 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 murder, was driving with his wife in a carriage, in a heavy traveling cloak, with abundant baggage, and a delicate company of women, and maidservants, and boys. He meets Clodius in front of his farm, about the eleventh hour, or not far from it. Immediately a number of men attack him from the higher ground with missile weapons. The men who are in front kill his driver, and when he had jumped down from his chariot and flung aside his cloak, and while he was defending himself with vigorous courage, the m^u who were with Clodius drew their swords, and some of them ran back toward his chariot in order to attack Milo from behind, and some, because they thought that he was already slain, began to attack his servants who were behind him ; and those of the servants who had presence of mind to defend themselves, and were faithful to their master, were some of them slain, and the others, when they saw a fierce battle taking place around the chariot, and as they were prevented from getting near their master so as to succor him, when they heard Clodius himself proclaim that Milo was slain, and they thought that it was really true, they, the servants of Milo, (I am not speaking for the purpose of shifting the guilt on to the shoulders of others, but 1 am saying what really occurred,) did, without their mas- ter either commanding it, or knowing it, or even being pres- ent to see it, what every one would have wished his servants to do in a similar case. XI. These things were all done, O judges, just as I have re- lated them. The man who laid the plot was defeated ; vio- lence was defeated by violence ; or, I should rather say, au- dacity was crushed by valor. I say nothing about what the republic, nothing about what you, nothing about what all good men gained by the result. I do not desire it to be any^aavant-^ age to me to hear that he was born with such a destiny that he *-a* unable even to save himself, without at the same time 186 CICERO'S ORATIONS. saving the republic and all of you. If he had not a right to do so, then I have nothing which I can urge in his defense. But if both reason has taught this lesson to learned men, and necessity to barbarians, and custom to all nations, and nature itself to the beasts, that they are at all times to repel all vio-. lence by whatever means they can from their persons, from their liberties, and from their lives, then you can not decide this ac- tion to have been wrong, without deciding at the same time that all men who fall among thieves must perish, either by their weapons, or by your sentence. And if he had thought that this was the law, it would have been preferable for Milo to offer his throat to Publius Clodius, — which was not attacked by him once only, nor for the first time on that day,— rather than now to be destroyed by you because he did not surrender himself then to be destroyed by him. But if there is no one of you who entertains such an opinion as that, then the question which arises for the consid- eration of the court is, not whether he was slain or not, which we admit, but whether he was slain legally or illegally, which is an inquiry which has often been instituted in many causes. It is quite plain that a plot was laid ; and that is a thing which the senate has decided to be contrary to the laws of the republic. By whom it was laid is a question. And on this point an inquiry has been ordered to be instituted. So the senate has marked its disapproval of the fact, not of the man ; and Pompeius has appointed this inquiry into the mer- its of the case, and not into the fact of its existence. XII. Does then any other point arise for the decision of the court, except this one, — which laid a plot against the other ! None whatever. The case comes before you in this way, that if Milo laid a plot against Clodius, then he is not to be let off with impunity. If Clodius laid it against Milo, then we are acquitted from all guilt. "^ How then are we to prove that Clodius laid a plot against Milo? It is quite sufficient in the case of such a wicked, of such an audacious monster as that, to prove that he had great reason to do so ; that he had great hopes founded on Milo's death ; that it would have been of the greatest service to him. Therefore, that maxim of Cassius, to see to whose advantage it was, may well have influence in respect of these persons. For although good men can not be induced to commit crimes by any advantage whatever, wicked men often can by a very FOR T. A. MILO. 187 trifling one. And, if Milo were slain, Clodius gained this, not only that he should be preetor without having him for a con- sul, under whom he would not be able to commit any wicked- ness, but also that he should have those men for consuls while " he was praetor, who, if they did not aid him, would at all'~~*j •(Events connive at all his proceedings to such an extent that J he hoped he should be able to escape detection in all the frantic actions which he was contemplating ; as they (so he argued to himself) would not, even if they were able to do so, be anxious to check his attempts when they considered that they were under such obligations to him ; and on the other hand, if they did wish to do so, perhaps they would hardly be able to crush the audacity of that most wicked man when it got strength by its long continuance. Are you, O judges, the only persons ignorant of all this ? Are you living in this city as ignorant of what passes as if you were visitors ? Are your ears all abroad, do they keep aloof from all the ordinary topics of conversation of the city, as to what laws (if, indeed, they are to be called laws, and not rather firebrands to de- stroy the city, pestilences to annihilate the republic) that man was intending to impose upon all of us, to brand on our foreheads? ■ Exhibit, I beg you, Sextus Clodius, produce, I beg, that copy of your laws which they say that you saved from your house, and from the middle of the armed band which threatened you by night, and bore aloft, like another palladium, in order, forsooth,- to be able to carry that splen- did present, that instrument for discharging the duties of the tribuneship, to some one, if you could obtain his election, who would discharge those duties according to your direc- tions. And * * * [he was going to divide the freedmen among all the tribes, and by his new law to add all the slaves who were going to be emancipated, but who had not yet re- ceived their freedom, so that they might vote equally with the free citizens.] 1 Would he have dared to make mention of this law, which Sextus Clodius boasts was devised by him, while Milo was alive, not to say while he was consul 1 For of all of us > I can not venture to say all that I was going to say. But do you consider what enormous faults the law itself must have had, when the mere mention of it, for the purpose of finding 1 The passage in brackets is a very doubtful supplement of Beier; which, however, Orellius prefers to any other. 188 CICERO'S ORATIONS. fault with it, is so offensive. And he looked at me with the expression of countenance which he was in the habit of put- ting on when he was threatening every body with every sort of calamity. That light of the senate-house moves me. 1 XIII. What ? do you suppose, O Sextus, that I am angry with ..you ; I, whose greatest enemy you have punished with even much greater severity than my humanity could resolve to demand I You cast the bloody carcass of Publius Clodius out of the house, you threw it out into the public street, you left it destitute of all images, of all funeral rites, of all funeral pomp, of all funeral panegyric, hnlf consumed by a lot of mis- erable logs, to be torn to pieces by the dogs who nightly prowl about the streets. Wherefore, although in so doing you acted most impiously, still you were wreaking all your cruelty on my enemy ; though I can not praise you, I certainly ought not to be angry with you. * * * [I have demonstrated now, O judges, of what great con- sequence it was to Clodius] that Milo should be slain. Now turn your attention to Milo. What advantage could it be to Milo that Clodius should be slain? What reason was there why Milo, I will not say should do such an action, but should even wish for his death? Oh, Clodius was an obstacle to Milo's hope of obtaining the consulship. But he was obtain- ing it in spite of him. Ay, I might rather say he was ob- taining it all the more because Clodius was opposing him ; nor in fact was I a more efficient support to him than Clodius was. The recollection, O judges, of the services which Milo had done to me and to the republic, had weight with you. My entreaties and my tears, with which I perceived at that time that you were greatly moved, had weight with you ; but still more weight had your own fear of the dangers which were impending. fFbr who'of the citizens was there who could turn his eyes to the unrestrained pra^torship of Publius Clodius, without feeling the greatest dread of a revolution ? and un- restrained you saw that it would be unless you had a consul who had both courage and power to restrain him ; and as the whole lloman people saw that Milo alone was that man, who could hesitate by his vote to release himself from fear, and the republic from danger ? But now, now that Clodius is removed, Milo has got to la- 1 Cicero here supposes Sextus Clodius to look menacingly at him, in order to check, him in his attack on this intended law. FOR T. A. MILO. 189 bor by more ordinary practices to preserve his dignity. That pre-eminent glory, which was then attributed to him alone, and which was daily increasing in consequence of his efforts to repress the frenzy of Clodius, has been put an end to by the death of Clodius. You have gained your object of being no longer afraid of anv one of the citizens ; he has lost that incessant arena for his vajor, that which procured him votes for the consulship, that ceaseless and ever-springing fountain of his glory. Therefore, Milo's canvass for the consulship, which could not be hindered from prospering while Clodius was alive, now, the moment that he is dead, is attempted to be checked. So that the death of Clodius is not only no ad- vantage, but is even a positive injury to Milo. " Oil, but his hatred prevailed with him ; he slew him in a passion ; he slew him because he was his enemy ; he acted as the avenger of his own injury ; he was exacting atonement to appease his private indignation." But what will you say if these feelings, I do not say existed in a greater degree in Clo- dius than in Milo, but if they existed in the greatest possible degree in the former, and not at all in the latter? What will you require beyond that ? For why should Milo have hated Clodius, the material and ground-work of his glory, except as far as that hatred becoming: a citizen Sfoes, with which we hate all worthless men ? There was plenty of reason for Clodius to hate Milo, first, as the defender of my safety ; secondly, as the repressor of his frenzy ? the defeater of his arms ; and lastlv, also, as his prosecutor, for Clodius was liable to the prosecution of Milo, according to the provisions of the Plotian law, as long as he lived. And with what feelings do you sup- pose that that tyrant bore that ? how great do you suppose, was his hatred toward him? and, indeed, how reasonable a hatred was it for a wicked man to entertain. XIV. It remains for me now to urge his natural disposition and his habits of life in the defense of the one, and the very same things as an accusation against the other. Clodius, I suppose, had never done any thing by violence ; Milo had done every thing by violence. What then shall I say, O judges'? When, amid the grief of all of you, I departed from the city, was I afraid of the result of a trial? was I not afraid of slaves, and arms and violence? What, I pray you, was the first ground of my restoration, except that I had been unjustly driven out ? Clodius, I suppose, had commenced a formal N 190 CICERO'S ORATIONS. prosecution against me ; he had named a sum as damages ; he had commenced an action for high treason ; and, I sup- pose too, I had cause to fear your decision in a cause which was an unjust one, which was my own private cause, not one which was a most righteous one, and which was, in reality, your cause, and not mine ? No, — I was unwilling that my fellow-citizens, who had been saved by my prudence and by my own personal danger, should be exposed to the arms of slaves and needy citizens and convicted malefactors. For I saw — I saw, I say, this very Quintus Hortensius, the light and ornament of the republic, almost slain by the hand of slaves, while he was standing by me. In which crowd Caius Vibienus, a senator, a most excellent man, who was with Hortensius, was so maltreated that he lost his life. When, then, was it that that assassin's dagger of his, which he had received from Catiline, rested? It was aimed at us ; I would not allow you all to be exposed to it' for my sake. It was prepared in treachery for Pompeius. It stained with blood, through the murder of Papirius, the very Appian road, the monument of his name ; this, this same dagger, after a long interval was again turned against me; lately, as you know, it nearly murdered me close to the palace of Ancus. What is there of Milo's conduct like all this? when all the violence that he has ever displayed has amounted to this, that he wished to prevent Publius Clodius (as he could not be brought to trial) from oppressing the city by violence. And if he wished to put him to death, what great, what repeated, and what splendid opportunities he had of doing so ! Might he not have avenged himself without violating the law when he was defending his own house and his household gods from his attacks'? might he not have done so when that illustrious citizen and most gallant man, Publius Sextius, his own col- league, was wounded ? might he not have done so when that most excellent man, Quintus Fabricius, while carrying a bill for my restoration, was driven away, and when a most cruel slaughter was taking place in the forum % Might he not have done so when the house of Lucius Ccecilius, that most upright and fearless praetor, was attacked ? might he not have done so on the day on which the law concerning me was passed, and when that vast concourse of people from all parts of Italy, whom a regard for my safety had roused up, would have gladly FOR T. A. MILO. 191 recognized and adopted as its own the glory of that action 1 so that, even if Milo had performed it, the whole state would claim the praise of it as belonging to itself? XV. And what a time was it? A most illustrious and fearless consul, Publius Lentulus, an enemy to Clodius, the avenger of his wickedness, the bulwark of the senate, the de- fender of your inclinations, the patron of that general una^ nimity, the restorer of my safety ; seven prsetors, eight tribunes of the people, adversaries of him, defenders of me ; Cna^us Pompeius, the prime mover of and chief agent in my return, his open enemy ; whose opinion respecting my return, deliv- ered in the most dignified and rnos>1 f complimentary language^ the whole senate adopted ; he who exhorted the whole Ro- man people, and, when he passed a decree concerning me at Capua, gave himself the signal to all Italy, which was eager for it, and which was imploring his good faith, to join together for the purpose of restoring me to Rome ; in short, universal hatred on the part of all the citizens, was excited against him, while their minds were inflamed with as earnest a regret for me ; so that if any one had slain him at that time, people's thoughts would have been, not how to procure impunity for such a man, but how to reward him sufficiently. Nevertheless, Milo restrained himself, and twice summoned Publius Clodius before the court, but never once invited him to a trial of strength in scenes of violence. What do I say % while Milo was a private individual, and on his trial before the people, on the accusation of Publius Clodius, when an at- tack was made on Cnaeus Pompeius, while speaking in defense of Milo, was there not then not only an admirable opportunity of, but even a reasonable pretext for slaying him 1 And lately, when Marcus Antonius had inspired all virtuous men with the very greatest hope of safety, and when he, being a most noble young man, had with the greatest gallantry espoused the cause of the republic, and had that beast almost in his toils in spite of his avoiding the snares of the law ; what an opportunity, what a time and place was there, O ye immortal gods ! And when Clodius had fled and hidden himself in the darkness of the -stairs, there was a fine opportunity for Milo to slay him without incurring the slightest odium himself, and to load Antonius at the same time with the greatest glory ! What ? How repeatedly had he a similar chance in the comitia ! when he had broken into the voting booth, and contrived to have 192 CICERO'S ORATIONS. swords drawn and stones thrown, and then on a sudden, terrf- fied at the look of Milo, fled toward the Tiber, and you and all virtuous men prayed to heaven that Milo might take it into his head to give full scope to his valor. XVI. If then he did not choose to slay him, when he might have done so with the gratitude of every one, is it likely that he should have chosen to do so when some people were sure to complain of it? If he did not venture to do it when he might have done so lawfully, when he hacl both place and time in his favor, when he might have done so with impu- nity, can we believe that be did not hesitate to slay him un- justly at a time and place which supplied him with no ex- cuse for the deed, when it was at the hazard of his life ? es- pecially, O judges, when the day of contest for the greatest distinction of the state, and the day of the comitia, was at hand. At which time, (for I know what a nervous thing ambition is, how vehement and how anxious is the desire for the consulship.) we are afraid of every thing, not only of those things which can be openly found fault with, but even of what- ever can be secretly thought ; we shudder at every rumor, at every idle and empty story ; we look anxiously at every one's countenance, at every one's eye. For there is nothing so soft, so tender, so frail, so flexible, as the inclinations and feelings of our fellow-citizens toward us ; for they are not only angry at any impropriety in the conduct of candidates, but they often even take a disgust at our virtuous actions. Did Milo then, keeping in view this long hoped-for and wished-for day of the Campus Martius, propose to himself to come to those venerable auspices of the centuries with bloody hands, owning and confessing a wickedness and a crime 1 How perfectly incredible is such conduct in such a man ! At the same time, how undoubted is it in the case of Clodius, who thought that he should be a kino; as soon as Milo was slain. What shall I say more ? This is the very mainspring of au- dacity, O judges, for who is there who does not know that the greatest temptation of all to do wrong is the hope of im- punity 1 Now, in which of the two did this exist ! In Milo ? who is even now on his trial for an action which I contend was an illustrious one, but which was at all events a nec- essary one ; or in Clodius "? who had shown such contempt for courts of justice and punishment, that he took no pleasure in any thing which was not either impious, from its disregard FOR T. A. MILO. 193 of the prohibitions of nature, or illegal, from its violation of law. But what am I arguing about ! why do I keep on disput- ing at greater length ? I appeal to you, O Quintus Petiilius, a most virtuous and fearless citizen ; I call you to witness, O Marcus Cato ; whom some heavenly interposition has given me forjudges. You have heard from Marcus Favonius, and you heard it too while Clodius was alive, that he, Clodius, had said to him that Milo would die within three days, — and on the third day the deed which he had mentioned was put in execu- tion. When he did not hesitate to reveal what he was think- ing of, can you have any doubt what he did *? XVII. How then was it, that he was so correct in the day? I told you that just now. There was no great difficulty in knowing the regular days of sacrifice for the dictator of Lanu- Tium. He saw that it was necessary for Milo to go to Lanu- vium on the very day in which he did go, — therefore, he an- ticipated him. But on what day f Why, on the day on which, as I have said before, there was a most furious assembly of the people, stirred up by the tribune of the people whom he had in his pay — a day, and an assembly, and an uproar which he would never have missed if he had not been hastening to some premeditated crime. Therefore, he had not only no reason for going on a journey, but he had even a reason for stopping at 4ioine. Milo had no possibility of stopping at home, and he had not only a reason, but a positive necessity for going on a journey. What more ? Suppose, while he knew that Milo must go on the road on that day, so, on the other hand, Milo ** could not even suspect that Clodius would 1 For, first of all, I ask, how could Milo know it ? a question which you can not ask respecting Clodius. For even if he had not asked any one beyond his own intimate friend Titus Patina, he could have as- certained from him that on that particular day a priest must absolutely be appointed at Lanuvium by Milo as the dictator there. / But there were plenty more people from whom he could easily learn that ; for instance, all the people of Lanuvium. Of whom did Milo make any inquiry about the return of Clodius? Grant that he did make inquiry ; see what large allowances I am making you : grant even that he bribed his slave, as my \ good friend Quintus Arrius said. — Read the evidence of your own witnesses. Caius Cassinius Schola, a man of Interamna, gave his ev- I 194 pICERO'S ORATIONS. idencc, — a most intimate friend of Publius Clodius, and more, a companion of his at the very time ; according to whose testi- . mony, Publius Clodius was at Interamna and at Pome at the very same time. Well, he said, that Publius Clodius had in- tended to remain that day at his Alban villa ; but that on a sudden news was brought to him, that Cyrus his architect was dead ; and, therefore, that he determined to proceed to Rome immediately. Caius Clodius, who was also a companion of Publius Clodius, said the same. XVIII. Take notice, O judges, what the real effect of this evidence must be. First of all, Milo is certainly acquitted of having set out with the express intention of waylaying Clodius on his road ; this must be, since there was apparently no chance whatever of his meeting him. In the next place (for I see no reason why I should not do something for myself at the same time), you know, O judges, that there have been men found to say, while urging on this bill against Milo, that the murder was committed by the hand indeed of Milo^ but by the plan of some one of more importance than he. yThose abject and profligate men, forsooth, pointed me out as a robber and assassin. Now they lie convicted by their own witnesses, who say that Clodius would not have returned to Rome that day if he had not heard the news about Cyrus. I breathed again ; I was delivered ; I am not any longer afraid of being supposed to have contem- plated an action which I could not possibly have suspected. Now I will examine the other point. For this expression occurs in their speech : " Therefore, Clodius never even thought of the plot against Milo, since he intended to remain in his Al- ban villa." Yes, he meant to remain there, if he did not rath- er intend to go out and commit a murder. For I see that the messenger who is said to have brought him news of Cyrus's death did not announce that to him, but told him that Milo was at hand. For why should lie bring any news about Cy- rus, whom Clodius had left at Rome on his death-bed '? I was with him ; I signed his will as a witness together with Clodi- us; and he had openly made his will, and had left him and me his heirs. When he had left him the day before, at the third hour, at the very point of death, was news sent express to him the next day, at the tenth hour, that he was at last dead? XIX. Well, be it so; what reason had he for hastening to Rome? for starting at nightfall? Why should the fact of his being his heir cause him to make so much haste? In the first FOR T. A. MILO. 195 place, there was no reason why there should be need of any haste ; secondly, even if there was, still what was there which he could obtain that night, but which he would lose if he ar- rived at Rome early the next morning 1 ? And as an arrival in the city by night was rather to be avoided by him than to be desired, so it was just suited for Milo to lie in ambush and wait for him, as he was a plotter of that sort, if he knew that he was likely to come to the city by night. He would have slain him by night, in a place calculated for an ambush and full of robbers ; no one would have refused to believe him if he denied it, when now all men wish" to save him even when he confesses it. The brunt of the blame would have fallen on the place itself, so well suited to receive and conceal rob^- bers, while neither -the voiceless solitude would have informed against, nor the dark night discovered Milo ; secondly, the numbers of men who had been insulted by Clodius, or plun- dered by him, or stripped of all their property by -him, many, too, who were in constant fear of such misfortunes, would have fallen under suspicion ; in short, the whole of Etruria would have been impeached in people's opinion. And certainly on that day Clodius returning from Aricia did turn aside to xiis Alban villa. But although Milo knew that he was at Aricia, still he ought to have suspected that he, even if he was desirous to return to Rome that day, would turn aside to his own villa, the grounds of which skirted the road. Why, then, did he not meet him before, and prevent his going to his villa? nor wait in that place where he would certainly arrive by night ? I see that all things up to this point are plain and consist- ent. That it was even desirable for Milo that Clodius should live ; that for Clodius the death of Milo was the most advan- tageous thing possible, with reference to those objects on which he had set his heart ; that he bore him the most bitter hatred^ but that Milo had no such feelings toward him ; that the one lived in a perpetual round of violence, that the other's habits were limited to repelling.jt ; that Milo had been threatened by him with death, and that his death had been openly pre- dicted by him ; that no such expression had ever been heard from Milo ; that the day of Milo's journey was well known to Clodius, but that Clodius's return was unknown to Milo; that the journey of the one was inevitable, and that of the other was even inconvenient to himself; that the one had 196 CICERO'S ORATIONS. openly declared that on that day he should set out from Koine, that the other had concealed the fact of his intending to return on that day ; that the one had in no respect what- ever changed his intention, that the other had invented a false pretense for changing his mind ; that the one, if he were plot- ting, would naturally wish night to come on when he was near the city, while an arrival at the city by night was to be feared by the other, even if he had no apprehension of danger from this man. XX. Let us now consider this, which is the main point of all; for which of the two the identical spot where they did meet was the best suited for planting an ambush. But is that, O judges, a matter about which one can possibly doubt or think seriously for a moment 1 In front of Clodius's farm, — that farm on which, on account of those absurd erections and excavations for foundations of his, there were pretty well a thousand vigorous men employed, — on that high and raised ground belonging to his adversary, did Milo think that he should get the better in the contest, and had he with that view selected that spot above all others? Or was he rather waited for in that place by a man who had conceived the idea of attacking, because of the hopes that that particular spot suggested to him 1 The facts, O judges, speak for themselves ; facts, which are always of the greatest weight in a cause. If you were not hearing of this transaction, but were looking at a picture of it, still it would be quite visible which of the two was the plotter, which was thinking no evil, when one of the two was driving in a chariot wrapped up in a mantle, with bis wife sitting by his side. It is hard to say which was the greatest hinderance to him, his dress, or his carriage, or his wife. How could a man be less ready for battle than when he was entangled in a mantle as in a net, hampered with a carriage, and fettered as it were by his wife clinging to him ? / ~Cook, on the other hand, at Clodius, first setting out from his villa ; all on a sudden : why ? It was evening. Why was he forced to set out at such a time ? Going slowly. What was the object of that, especially at that time of night ? He turns aside to the villa of Pompeius. To see Pompeius? He knew that he was near Alsium. To see the villa? He had been in it a thousand times. What, then, was his object? Delay; he wanted to waste, the time. He did not choose to leave the Spot till Milo arrived. FOR T. A. MILO. 197 XXI. Come now, compare the journey of this unencum- bered bandit with all the hinderances which beset Milo. Be- fore this time he always used to travel with his wife; now he was without her. He invariably went in a carriage ; now he was on horseback. His train were a lot of Greeklings wherever he was going ; even when he was hastening to the camp in Etrnria; 1 but this time there were no triflers in his retinue. Milo, who was never in the habit of doing so, did by chance have with him some musical slaves belonging to his wife, and troops of maid servants. The other man, who was always carrying with him prostitutes, worn-out debauchees both men and women, this time had no one with him except such a band that you might have thought every one of themj picked men. Why, then, was he defeated ? Because the trav- eler is not always murdered by the robber; sometimes the robber is killed by the traveler; because, although Clodius in a state of perfect preparation was attacking men wholly unprepared, still it was the case of a woman falling upon men. And, indeed, Milo was never so utterly unprepared for his violence, as not to be nearly sufficiently prepared. He wai> always aware how greatly it concerned the interest of Publius Clodius that he should be slain, how greatly he hated him, and how great was his daring. Wherefore, he never exposed his life to danger without some sort of protection and guard, knowing that it was threatened, and that a large price, as it were, were set upon it. Add to this consideration all the chances ; add the always uncertain result of a battle, and the common fortune of Mars, who often overthrows the man who is already exulting and stripping his enemy, and strikes him to the ground by some mean agent ; add the blundering conduct of a leader who had dined and drank, and who was yawning and drowsy; who, when he had left his enemy cut off in the rear, never thought of his companions on the outskirts of his train; and then when he fell among them inflamed with anger, and despairing of saving the life of their master, he fell on that punishment which the faithful slaves inflicted on him as a retribution for their master's deatn. Why, then, has Milo emancipated them? He was afraid, I suppose, lest they should give in- formation against him; lest they should be unable to bear 1 That is, to Manlius's camp in Etruria at the time of Cataline's con- spiracy, in which, in all probability, Clodius was implicated. 198 CICERO'S ORATIONS. pain ; lest they should he eompelled by tortures to confess that Publius Clodius was slain in the Appian road by the slaves of Milo. What need is there of any torturer? What do you want to know ? whether he was slain f He was slain. Whether he was slain lawfully or unlawfully? That is beyond the prov- ince of the torturer. For the rack can only inquire into the fact ; it is the bench of judges that must decide on the law. XXII. Let us then here confine our attention to what must be investigated in this trial. All that you can want to find out by tortures we admit. But if you prefer asking why he emancipated his slaves, rather than why he gave them in- adequate rewards, you are but a bungling hand at finding fault with an enemy. For Marcus Cato, who says every thing with great wisdom, and consistency, and courage, said the same thing ; and he said, too, in a very turbulent assembly of the people, which, however, was pacified by his authority, that those slaves were w r orthy not only of liberty, but even of every sort of reward possible, who had defended the life of their master. For what reward can be sufficiently great for such well-affected, such virtuous, such faithful slaves, owing to whom it is that he is still alive ? Although even that is not putting it so strongly as to say, that it is owing to those very men that he did not glut the eyes and 'mind of his most cruel enemy with his blood and w r ounds. And if he had not emancipated them, then those preservers of their master, those avengers of wickedness, those defenders of * their master from death, must have even been surrendered to torture. But in all these misfortunes the most comfortable reflection which Milo has is, that, even if any thing should happen to himself, still he has given them the reward which they de- served. But now r the examinations which have just been conducted in the hall of liberty, are said to press against Milo. Who are the slaves who have been examined ? Do you ask ? The slaves of Publius Clodius. Who demanded that they should be examined? Appius. Who produced them? Appius. Where were they brought from ? From the house of Appius. O ye good gods, what can be done with more animosity? There is no law which authorizes slaves to be examined as witnesses against their master, except on accusations of im- piety, as was the case in the prosecution instituted against ) FOR T. A. MILO. 199 Clodius. Clodius has been raised nearly to the gods, more nearly than even when he penetrated into their sanctuary, when an investigation into the circumstances of his death is carried on like one into a profanation of sacred ceremonies. But still, our ancestors did not think it right that slaves should be examined as witnesses against their masters ; not because the truth could not be discovered, but because it seemed a scandalous thing to do, and more oppressive to the masters than even death itself. "Well, then, when the slaves of the prosecutor are examined as witnesses against the defendant, can the truth be found out? Come, however, what was the examination ; and how was it conducted 1 Holloa, you Eufio (that name will do as well as another), take care you tell the truth. Did Clodius lay a plot against Milo? "He did." He is sure to be crucified for saying so. " Certainly not." He has hopes of obtaining his liberty. "What can be more certain than this mode of ex- amination? The men are suddenlv carried off to be examined ; they are separated from all the rest, and put into ceils that no one may be able to speak to them. Then, when they have been kept a hundred days in the power of the prosecutor, they are produced as witnesses by the prosecutor himself. What can be imagined more upright than this sort of ex- amination ? What can be more free from all suspicion of corruption 1 XXIII. And if you do not yet see with sufficient clearness (though the transaction is evident of itself by so many and such irresistible arguments and proofs), that Milo was return- ing to Rome with a pure and guiltless intention, with no taint of wickedness, under no apprehension, without any conscious- ness of crime to disquiet him ; recollect, I implore you, in the name of the immortal gods, how rapid his speed while returning was ; how he entered the forum while the senate- house was all on fire with eagerness ; how great was the mag- nanimity which he displayed; how he looked, and what he eaid. Nor did he trust himself to the people only, but also to the senate ; nor to the senate only, but also to the public guards and their arms ; nor to them only, but also to the power of that man to whom the senate had already intrusted 1 1 The disturbances on the death of Clodius arose to such a height, that the senate at last passed a resolution that Marcus Lepidus the Interrex, assisted by the tribunes of the people and Pompeius, should take care that 200 CICERO'S ORATIONS. the whole republic, all the youth of Italy, and all the arms of the Eoman people. And surely he never would have put himself in his power, if he had not been confident in the jus- tice of his cause ; especially as he was one who heard every thing, and feared great danger, and suspected many things, and even believed some. The power of conscience is very great, O judges, and is of great weight on both sides: so that they fear nothing who have done no wrong, and they, on the other hand, who have done wrong think that punishment is always hanging over them. Nor, indeed, is it without good reason that Milo's cause has always been approved of by the senate. For these wisest of men took into their consideration the whole circumstances of the case ; Milo's presence of mind, and vigor in defending himself. Have you forgotten, O judges, when the news of Clodius's death was still recent, the opinions and the language which was held, not only by Milo's enemies, but also by other ignorant people? They said that he would not return to Home at all. For if he had committed the deed in a passion- ate and excited mood, so that he had slain his enemy while under the influence of strong hatred, they thought that he would consider the death of Publius Glodius an event of such importance, that he would bear being deprived of his country with equanimity, as he had sated his hatred in the blood of his enemy ; or, if he had deliberately intended to deliver his r country by the slaughter of Clodius, then they thought that he, as a brave man, would not hesitate, after having brought safety to his country at his own risk, to submit with equanim- ity to the laws, to carry off with himself everlasting renown, and to leave those things to us to enjoy which he had pre- served for us himself. Many also spoke of Catiline and the monsters of his train. " We shall have another Catiline breaking out. He will oc~ the republic received no injury. And at last the senate appointed Pom- peius consul without a colleague, who immediately published several new laws, and among them the one under which this trial was conducted (see note on c. 1), and he now limited the duration of trials, allowing only three days for the examination of witnesses, and on the fourth day the ac- cuser was only allowed two hours to enforce the accusation, and the de- fendant three hours to speak in his defense. Coclius endeavored to arrest these laws by his veto as tribune, declaring that they were framed solely with a view to crush Milo, whom Pompeius certainly desired to get rid of; to effect which he even descended to the artifice of pretending to be- lieve that Milo had laid a plot to assassinate him. FOR T. A. MILO. 201 ctipy some strong place ; he will make war on his country." Wretched sometimes is the fate of those citizens who have faithfully served the republic ! when men not only forget the illustrious exploits which they have performed, but even sus- pect them of the most nefarious designs ! Therefore, all those things were false, which would certainly have turned out true if Milo had committed any action which he could not defend with honor and with truth. XXIV. What shall I say of the charges which were after- ward heaped upon him % which would have crushed any one who was conscious of even trifling offenses. How nobly did he support them! O ye immortal gods, do I say support them? Say rather, how did he despise them, and treat them as nothing ! Charges which no guilt)' man, were he ever so high-minded, and, indeed, no innocent man, unless he were also a most fearless man, could possibly have disregarded. It was said that a vast collection of shields, swords, bridles, lances, and javelins had been seized. They said that there was no street, no alley in the whole city, in which there was not a house hired for Milo ; that arms had been earned down the Tiber to his villa at Oriculum ; that his house on the Capitoline Hill was full of shields ; that eveiy place was full of firebrands prepared for the burning of the city. These things were not only reported, but were almost believed, and were not rejected till they had been thorodghly investigated I praised, indeed, the incredible diligence of Cnseus Pompeius ; but still I will say what I really think, O judges. Those men are compelled to listen to too many statements ; indeed, they can not do otherwise, who have the whole republic intrusted to them. It was necessary even to listen to that eating-house keeper Licinius, if that was his name, a fellow out of the Circus Maximus, who said that Milo's slaves had got drunk in his house, — that they had confessed to him that they were engaged in a conspiracy to assassinate Cnaus Pom- peius, and that he himself was afterward stabbed by one of them to prevent him from giving information. He went to t'ompeius's villa to tell him this. I am sent for among the first, By the advice of his friends, Pompeius reports the affair to the senate. It was impossible for me to be otherwise than frightened almost to death at the bare suspicion of such danger to one who was the protector both of me and of my country ; but still I wondered that an eating-house keeper should be at 12 202 CICERO'S ORATIONS. once believed, — that the confession of the slaves should be list* er>d to, and that a wound in the side, which looked like the v prick of a needle, should be admitted to be a wound inflicted by a gladiator. But, as I take the fact to have been, Pom- peius was rather taking precautions than feeling any actual alarm, guarding not only against those things which it was reasonable to fear, but also against everything which could possibly disquiet you. The house of Caius Caesar, that most illustrious and gallant man, was besieged, as was reported, during many hours of the night. No one in that frequented part of the city had either seen or heard of any such thing. Still such a report was spread about. I could not possibly suspect Cnseus Pompeius, a man of the most admirable valor, of being timid ; and I thought no diligence could be overstrained in a man who had undertaken the management and protection of the whole of the republic. In a very full meeting of the senate, lately held in the Capitol, a senator was found to say that Milo had a weapon about him. He threw back his garments in that most sacred temple, that, since the life of so good a citizen and so good a man "could not procure him credit, the facts themselves might speak for him, while he held his peace. XXV. Every word was ascertained to be a false and treach- erous invention. And if people are even now afraid of Milo, we are not now under apprehension because of the charge re- specting Clodius, but we are shuddering at your suspicions, — at yours, I say, O Cnaeus Pompeius (for I address you your- self, and I speak loudly so that you may be able to hear me). If you are afraid of Milo, — if you believe that he either now cherishes wicked designs against your life, or that he ever has entertained such ; if the levying of troops throughout Italy, as some of your recruiting-sergeants pretend, — if these arms, — if these cohorts in the Capitol, — if these watchmen, these sen- tinels, — if this picked body of youths, which is the guard of your person and your house, is all armed against an attack on the part of Milo ; and if all these measures have been arranged, and prepared, and aimed against him alone, — then certainly he must be a man of great power, of incredible courage; surely it must be more than the power and resources of one single man which are attributed to him, if the most eminent of our generals is invested with a command, and all Italy is armed against this one man. But who is there who does not under- FOR T. A. MILO. 203 stand that all the diseased and feeble parts of the republic were intrusted to you, O Fompeius, that you might heal and strengthen them with your arms? And if an opportunity had been afforded to Milo, he would, doubtless, have proved to you yourself that no man was ever more dear to another than you are to him ; that he had never shunned any danger which might be of service in promoting your dignity ; that he had often contended against that most foul pest on behalf of your glory ; that his conduct in his tribuneship had been en- tirely regulated by your counsels for the protection of my safe- ty, which was an object very dear to you ; that he afterward had been defended by you when in danger of his life, 1 and had been assisted by you when he was a candidate for the praetor- ship ; and that he had always believed that the two firmest friends whom he had were you and I, — you, as shown by the kindness of your behavior to him, and I, secured to him by the services which he himself had done me. And if he could not convince you of this, — if that suspicion had sunk so deep in your mind that it could not possibly be eradicated; if, in short, Italy was never to have any rest from those levies, nor the. city from arms, till Milo was ruined, — then no doubt he, without hesitation, would have departed from his country, a man born to make such sacrifices and accustomed to make them ; but still he would have cited you, O Magnus, as a wit- ness in his favor, as he now does. XXVI. See, now, how various and changeable is the course of human life, — how fickle and full of revolutions is fortune ; what instances of perfidy are seen in friends, how they dissem- ble and suit their behavior to the occasion ; when dangers be- set one, how one's nearest connections fly off, and what cow- ardice they show. The time will come, ay, will most certain- ly come, — that day will surely dawn some time or other, when you, though your affairs are all, as I trust they will be, in a really sound condition, though they may, perhaps, wear an altered appearance in consequence of some commotion of the times, such as we are all liable to (and how constantly such things happen we may know from experience), — when you, 1 When Clodius was sedile, he instituted a prosecution against Milo for violence. Pompeius, Crassus and Cicero appeared for him ; and though Clodius's mob raised a great uproar, and endeavored to prevent Pompeius from being heard, he made a long speech, lasting three hours, in his defense. The trial was adjourned from February till May, and doea Dot appear to have ever been brought to a regular termination. 204 CICERO'S ORATIONS. I say, may be in need of the good-will of one who is most deeply attached to you, and the good faith of a man of the greatest weight and dignity, and the magnanimity of the very bravest man that ever lived in the world. Although, who would believe that Cmeus Pompeius, a man most thoroughly versed in public law, in the usages of our ancestors, and in all the affairs of the republic, after the senate has intrusted to him the charge of taking care " that the republic suffered no injury," by which one line the consuls have always been suf- ficiently armed, even though no warlike weapons were given to them, — that he, I say, after having had an army and a levy of troops given to him, would wait for a legal decision to re- press the designs of that man who was seeking by violence to abolish the courts of justice themselves? It was sufficiently decided by Pompeius, quite sufficiently, that all those charges were falsely brought against IVIilo ; when he passed a law by which, as I conceive, he was bound to be acquitted by you, — at all events, as all men allow, might le- gally be acquitted. But when he sits in that place, surround- ed by all those bands of public guards, he declares plainly k enough that he is not striking terror into you ((or what could l\be less worthy of him than to condemn a man whom he him- \self might punish if guilty, both by his own authority and in /strict accordance with the precedents of our ancestors?), but that he keeps them about him for the sake of protection ; that you may be aware that it is allowed to you to decide with freedom according to your own opinions, in contradiction to that assembly of the people which was held yesterday. XXVII. Nor, O judges, am I at all moved by the accusa- tion respecting Clodius. Nor am I so insane, and so ignorant of, and inexperienced in, your feelings, as not to be aware what your opinions are about the death of Clodius, concerning which, if I were unwilling to do away with the accusation in the manner in which I have done away with it, still I assert that it would have been lawful for Milo to proclaim openly, with a false but glorious boast, " I have slain, I have slain, not Spurius Melius, who fell under the suspicion of. aiming at kingly power by lowering the price of corn, and by squander- ing his own family estate, because by that conduct he was thought to be paying too much court to the common people ; not Tiberius Gracchus, who, out of a seditious spirit, abro- gated the magistracy of his own colleague whose slayers have FOR T. A. MILO. 205 filled the whole world with the renown of their name ; but nim" (for he would venture to name him when he had deliv- ered his country at his own risk) *> m ho was detected in the most infamous adultery in the most sacred shrine, by most no- ble women ; him, by the execution of whom the senate has re- peatedly resolved that solemn religious observances required to be propitiated ; him whom Lucius Lucullus, when he was ex- amined on the point, declared on his oath that he had detected in committing unhallowed incest with his own sister ; him, who by means of armed bands of slaves drove from his country that citizen whom the senate, whom the Roman people, whom all nations had declared to be the saviour of the city and of the lives of all the citizens ; him, w r ho gave kingdoms, took them away, and distributed the whole world to whomsoever he pleased ; him who, after having committed numberless mur- ders in the forum, drove a citizen of the most extraordinary virtue and glory to his own house by violence and by arms ; him, to whom nothing was ever too impious to be done, wheth- er it was a deed of atrocity or of lust ; him, who burnt the tem- ple of the nymphs, in order to extinguish the public record of the census which was committed to the public registers ; last- ly, him who acknowledged no law, no civil rights, no bound- aries to any man's possessions, — who sought to obtain other people's estates, not by actions at law and false accusations, not by unjust claims and false oaths, but by camps, by an army, by regular standards and all the pomp of war, — who, by means of arms and soldiers, endeavored to drive from their possessions, not only the Etrurians, for he thoroughly despised them, but even this Publius Varius, that most gallant man and most virtuous citizen, one of our judges, — who went into many other people's villas and grounds with architects' and surveyors, who limited his hopes of acquiring possessions by Janiculum and the Alps ; him who, when he was unable to prevail on an estimable and gallant Roman knight, Marcus Paconius, to sell him his villa on the Prelian Lake, suddenly conveyed timber, and lime, and mortar, and tools in barks to the island, and while the owner of the island was looking at him from the opposite bank, did not hesitate to build a house on another man's land ; who said to Titus Furfanius — O ye immortal gods, what a man ! (for why should I mention that insignificant woman, Scantia, or that youth Aponius, both of whom he threatened with dOh if they did not abandon to 20G CICERO'S ORATIONS. him the possession of their villas'?) but he dared to say to Furfanius, that if he did not give him as much money as he demanded, he would carry a dead body into his house, and so raise a storm of unpopularity against him ; who turned his brother Appius, a man connected with me by the most faith- ful friendship, while he was absent, out of the possession of his farm ; who determined to run a wall across the vestibule of his sister's house in such a manner, and to draw the line of foundation in such a direction, as not only to deprive his sister of her vestibule, but of all access to her house, and of her own threshold." a XXVIII. Although all these things appeared such as might be endured, — although he attacked with equal fury the repub- lic, and private individuals, and men who were at a distance, and men who were near, people who had no connection with him, and his own relations ; yet somehow or other the incred- ible endurance of the state had by long use grown hardened and callous. But as for the things which were at hand, and were impending over you, in what manner was it possible for you either to avert them or to bear them ? If he had once obtained real power, — I say nothing of our allies, of foreign nations, and kings, and tetrarchs ; for you would have prayed that he might turn himself against them rather than against your possessions, your houses, and your money : money do I say ? your children rather, — I solemnly swear he would never have r estra ined himself from your children and from your_ wives.^ jDo you think that these things are inventions of mine? \ They are evident ; they are notorious to every one ; they are / proved. Is it an invention of mine that he was about to en- 4 list an army of slaves in the city, by whose instrumentality he might take possession of the whole republic, and of the private fortune of every one ? Wherefore, if Titus Annius, holding in his hand a bloody sword, had cried out, " Come hither, I beg of you, and listen to me, O citizens : I have slain Publius Clodius ; with this sword and with this right hand I have turned aside from your necks the frenzied attacks of that man whom we were unable to restrain by any laws, or by any judicial proceedings what- ever ; by my single efforts has it been brought to pass that right, and equity, and laws, and liberty, and modesty, and chastity remain in this city;" would there in truth have been any reason to fear in what manner the city would receive this FOR T. A. MILO. 207 announcement 1 For now, as it is, who is there who does not approve of what has been done % who does not praise it ? who does not both say and feel that of all men to whom recollec- tion can reach back, Titus Annius has done the republic the greatest service ; that of all men he has diffused the greatest jov among the Eoman people, and over the whole of Italy, and throughout all nations? I can not form a conception of what would have been the old-fashioned joy of the Eoman people. Already our age has seen many, and those most illustrious victories, won by consummate generals; but not one of them has brought with it a jov that either lasted so long, or that was so excessive while it did last. Commit this fact to memory, O judges. I trust that you and your children will see many happy days in the republic. On every such occasion these will always be your feelings, — that if Publius Clodius had been alive, you never would have seen one of them. We have been led now to conceive the greatest, and, as I feel sure, the best-founded hopes, that this very day, this most admirable man being made our consul, when the licentiousness of men is checked, their evil passions put down, the laws and courts of justice re-established on a firm footing, will be a salutary day for the republic. Is there, then, any one so insane as to think that he could have obtained all this while Publius Clodius was alive 1 ? What? why, what power of perpetual possession could you have had even in those things which you possess as your private property and in the strictest sense your own, while that frenzied man held the reins of government % XXIX. I have no fear, O judges, lest it should seem that, because I am inflamed with hatred against him, on account of my own personal enmity to the man, I am vomiting forth these charges against him with more zeal than truth. In truth, though it is natural that that should be an especial stimulus to me, yet he was so completely the common enemy of all men, that my own hatred only bore about its fair proportion to the general detestation with which he was regarded. It can not be expressed, O judges, it can not even be imagined, how much wickedness, how much mischief there was in that man. Moreover, attend to me with this idea, O judges. This in- vestigation relates to the death of Publius Clodius. Imagine in your minds, — for our thoughts are free, and contemplate whatever they choose in such a manner that we do discern 208 CICERO'S ORATIONS those things which we think we see ; — place, therefore, before your mind's eye the image of this my condition ; if I am able to induce you to acquit Milo, but still only on condition of Publius Clodius being restored to life. What fear is that that you show by your countenances? How would he affect you if alive, when even now that he is dead he has so agitated you by the bare thought of him? What? if Cna?us Pompeius himself, who is a man of such virtue and such good fortune that he has at all times been able to do things which no one except him ever could have done, — if even he, I say, had been able, in the same manner as he has ordered an investigation into the death of Publius Clodius to take place, so also to raise him from the dead, which do you think he would have preferred to do? Even if out of friendship he had been willing to raise him from the shades below, out of regard for the republic he would not have done it. Yon, then, are sitting now as avengers of the death of that man, whom you would not restore to life if you thought it possible that his life could be restored by you. And this investigation is appointed to be made into the death of a man who would never have seen such a law passed, if the law which ordered the inquiry had been able to restore him to life. Ought, then, the slayer of this man, if any such slayer there be, to have any reason, while confessing the deed, to fear pun- / ishment at the hand of those men whom he delivered by the deed? Grecian nations give the honors of the gods to those men who have slain tyrants. What have I not seen at Athens? what in the other cities of Greece ? What divine honors have I not seen paid to such men ? What odes, what songs have I not heard in their praise? They are almost consecrated to immortality in the memories and worship of men. And will you not only abstain from conferring any honors on the sa- viour of so great a people, and the avenger of such enormous wickedness, but will you even allow him to be borne off for punishment? lie would confess, — I say, if he had done it, he would confess with a high and willing spirit that he had done it for the sake of the general liberty ; a thing which would certainly deserve not only to be confessed by him, but even to be boasted of. XXX. In truth, if. he does not deny an action from which he seeks no advantage beyond being pardoned for having * even cruelty, we will take this statement too. "Postumus is hiding his money ; the king's riches are concealed." Is there any one of all this people who would like to have all the prop- erty of Caius Rabirius Postumus knocked down to him for one single sesterce I 1 But, miserable man that I am! with what great pain do I say this, — Come, Postumus, are you the son of Caius Curius, the son, as far as his judgment and in- clination go, of Caius Rabirius, not in reality and by nature the son of his sister ? Are you the man who is so liberal to all his relations ; whose kindness has enriched many men ; who has never wasted any thing ; who has never spent any money on any profligacy'? and all your property, O Postumus, knocked down by me for one single sesterce? Oh how mis- erable and bitter is my office as an auctioneer ! But he, mis- erable man, even wishes to be convicted by you ; and to have his property sold, so that every one may be repaid his principal. Pie has no concern about any thing except his own good faith. Nor will you, if you should, in his case, think fit to forget your habitual humanity, be able to take from him any thing beyond his property. But, O judges, I beg and entreat you not to for- get that usual course of yours, and so much the more as in this instance money which he has nothing to do with is being claim- ed of a man who is not even repaid his own. Odium is sought to be stirred up against a man, who ought to find an ally in the general pity. But now, since, as I hope, I have discharged as well as I have been able to, the obligations of good faith to you, O Pos- tumus, I will give you also the aid of my tears, as I well may; for I saw abundant tears shed by you at the time of my own misfortune* That miserable night is constantly present to the eyes of all my friends, on which you came to me with your forces, and devoted yourself wholly to me. You supported me at that time cf my departure with your companions, with your protection, and even as much gold as that time would 1 Those who boegirt a property took It wi'h all its liabilities. FOR C. R. POSTUMUS. 237 admit of. During the time of my absence you were never de- ficient in comforting and aiding my children, or my wife. I can produce many men who have been recalled from banish- ment as witnesses of your liberality ; conduct which I have often heard was of the greatest assistance to your father, whose behavior was like your own, when he Avas tried for his life. But at present I am afraid of every thing : I dread even the unpopularity which your very kindness of disposition may pro- voke. Already the weeping of so many men as we behold in- dicates how beloved you arc by your own relations ; but, as for me, grief enfeebles and stitles my voice. I do entreat you, O judges, do not deprive this most excellent man, than whom no more virtuous man has ever lived, of the name of a Eoman knight, of the enjoyment of this light, and of the pleasure of beholding you. He begs nothing else of you, except to be al- lowed with uplifted eyes to behold this city, and to pace around the forum ; a pleasure which fortune would have al- ready deprived him of, if the power of one single friend had not come to his assistance. THE SPEECH OF M. T. CICERO IN BEHALF OF MARCUS CLAUDIUS MARCELLUS. THE ARGUMENT. . Marcus Claudius Marcellus was descended from the most illustrious fam- ilies at Rome, and had been consul with Servius Sulpicius Rufus ; in which office he had given great offense to Caesar by making a motion in the senate to deprive him of his command ; and in the civil war he espoused the side of Pompeius, and had been present at the battle of Pharsalia, after which he retired to Lesbos. But after some time the whole senate interceded with Caesar to pardon him, and to allow him to return to his country. And when he yielded to their entreaties, Cic- ero made the following speech, thanking Caesar for his magnanimity ; though he had, as he says himself (Ep. Fam. iv. 4), determined to say nothing ; but he was afraid that if he continued silent Caesar would in- terpret it as a proof that he despaired of the republic. Caesar, though he saw the senate unanimous in their petition for Marcel- lus, yet had the motion for his pardon put to the vote, and called for the opinion of every individual senator on it. Cicero appears at this time to have believed that Caesar intended to restore the republic, as he mentions in his letters (Ep. Fam. xiri. 68). 238 CICERO'S ORATIONS. I. Tins da) 7 , O conscript fathers, has brought with it an end to the long silence in which I have of late indulged ; not out of any fear, but partly from sorrow, partly from modesty ; and at the same time it has revived in me my ancient habit of say- ing what my wishes and opinions are. For I can not by any means pass over in silence such great humanity, such unprec- edented and unheard-of clemency, such moderation in the ex- ercise of supreme and universal power, such incredible and almost godlike wisdom. For now that Marcus Marcellus, O conscript fathers, has been restored to you and the republic, I think that not only his voice and authority are preserved and restored to you and to the republic, but my own also. For I was concerned, O conscript fathers, and most exceed- ingly grieved, w r hen I saw such a man as he is, who had espoused the same cause which I myself had, not enjoying the same good fortune as myself; nor was I able to persuade myself to think it right or fair that I should be going on in my usual routine, while that rival and imitator of my zeal and labors, who had been a companion and comrade of mine throughout, was separated from me. • Therefore, you, O Caius Caesar, have reopened to me my former habits of life, which were closed up, and you have raised, as it were, a standard to all these men, as a sort of token to lead them to entertain hopes of the general welfare of the republic. For it was seen by me before in many instances, and especially in my own, and now it is clearly understood by every body, since you have granted Marcus Marcellus to the senate and people of Rome, in spite of your recollection of all the injuries you have received at his hands, that you prefer the authority of this order and the dignity of the republic to the indulgence of your own re- sentment or your own suspicions. He, indeed, has this day reaped the greatest possible reward for the virtuous tenor of his previous life ; in the great una- nimity of the senate in his favor, and also in your own most dignified and important opinion of him. And from this you, in truth, must perceive what great credit there is in conferring a kindness, when there is such glory to be got even by receiv- ng one. And he, too, is fortunate whose safety is now the lause of scarcely less joy to all other men than it will be to limself when he is informed of it. And this honor has de- irvedly and most rightfully fallen to his lot. For who is superior to him either in nobleness of birth, or in honesty, or FOR M. C. MARCELLUS. 239 in zeal for virtuous studies, or in purity of life, or in any de- scription whatever of excellence. II. No one is blessed with such a stream of genius, no one is endowed with such vigor and richness of eloquence, either as a speaker or as a writer, as to be able, I will not say to extol, but even, O Caius Cassar, plainly to relate all your achievements. Nevertheless, I assert, and with your leave I maintain, that in all of them you never gained greater and truer glory than you have acquired this day. I am accustomed often to keep this idea before my eyes, and often to affirm in frequent conversations, that all the exploits of our own gener- als, all those of foreign nations and of most powerful states, all the mighty deeds of the most illustrious monarchs, can be compared with yours neither in the magnitude of your wars, nor in the number of your battles, nor in the variety of coun- tries which you have conquered, nor in the rapidity of your conquests, nor in the great difference of character with which your wars have been marked ; and that those countries tin* most remote from each other could not be traveled over more rapidly by any one in a journey, than they have been visited by your, I will not say journeys, but victories. And if I were not to admit, that those actions are so great that scarcely any man's mind or comprehension is capable of doing justice to them, I should be very senseless. But there are other actions greater than those. For some people are in the habit of disparaging military glory, and of denying the whole of it to the generals, and of giving the multitude a share of it also, so that it may not be the peculiar property of the commanders. And, no doubt, in the affairs of war, the valor of the troops, the advantages of situation, the assistance of allies, fleets, and supplies, have great influence; and a most important share in all such transactions, Fortune claims for herself, as of her right ; and whatever has been done success- fully she considers almost entirely as her own work. But in this glory, O Caius Caesar, which you have just earn- ed, you have no partner. The whole of this, however great it may be, — and surely it is as great as possible, — the whole of it, I say, is your own. The centurion can claim for himself no share of that praise, neither can the prefect, nor the bat talion, nor the squadron. Nay, even that very mistress of alj human affairs, Fortune herself, can not thrust herself into any participation in that glory ; she yields to you ; she confesses 240 CICERO'S ORATIONS. that it is all your own, your peculiar private desert. For rashness is never united with "wisdom, nor is chance ever ad- mitted to regulate affairs conducted with prudence. III. You have subdued nations, savage in their barbarism, countless in their numbers, boundless, if we regard the extent of country peopled by them, and rich in every kind of re- source ; but still you were only conquering things, the nature and condition of which was such that they could be overcome by force. For there is no strength so great that it can not be weakened and broken by arms and violence. Eut to subdue one's inclinations, to master one's angry feelings, to be moder- ate in the hour of victory, to not merely raise from the ground a prostrate adversary, eminent for noble birth, for genius, and for virtue, but even to increase his previous dignity, — they arc actions of such a nature, that the man who does them, I do not compare to the most illustrious man, but I consider equal to God. Therefore, O Caius Cresar, those military glories of yours will be celebrated not only in our own literature and language, but in those of almost all nations ; nor is there any age which will ever be silent about your praises. But still, deeds of that sort, somehow or other, even when they are read, appear to be overwhelmed with the cries of the soldiers and the sound of the trumpets. But when we hear or read of any thing which has been done with clemency, with humanity, with jus- tice, with moderation, and with wisdom, especially in a time of anger, which is very adverse to prudence, and in the hour of victory, which is naturally insolent and haughty, with what ardor are we then inflamed (even if the actions are not such as have really been performed, but are only fabulous), so as often to love those whom we have never seen ! But as for you, whom we behold present among us, whose mind, and feelings, and countenance, we at this moment see to be such, that you wish to preserve every thing which the fortune of war has left to the republic, oh with what praises must we extol you 1 ? with what zeal must we follow you? with what affection must we devote ourselves to you ? The very walls, I declare, the very walls of this senate-house appear to me ea- ger to return you thanks; because, in a short time, you will have restored their ancient authority to this venerable abode of themselves and of their ancestors. IV. In truth, O conscript fathers, when I just now, in com' FOR M. C. MARCELLUS. 241 mon with you, beheld the tears of Caius Marcellus, a most virtuous man, endowed with a never-to-be-forgotten affection for his brother, the recollection of all the Marcelli presented itself to my heart. For you, O Caesar, have, by preserving Marcus Marcellus, restored their dignity even to those Mar- celli who are dead, and you have saved that most noble family, now reduced to a small number, from perishing. You, there- fore, justly prefer this day to all the splendid and innumerable congratulations which at different times have been addressed to you. For this exploit is your own alone ; the other achieve- ments which have been performed by you as general, were great indeed, but still they were performed by the agency of a great and numerous band of comrades. But in this exploit you are the general, and you are your own sole comrade : and/ the act itself is such that no lapse of time will ever put an encft to your monuments and trophies ; for there is nothing which ) is wrought by manual labor which time will not sometime or : other impair or destroy ; but this justice and lenity of yours j will every day grow brighter and brighter, so that, in propor- \ tion as time takes away from the effect of your deed, in the same degree it will add to your glory. And you had already surpassed all other conquerors in civil wars, in equity, and clemency, but this day you have surpassed even yourself. I fear that this which I am saying can not, when it is only heard, be understood as fully as I myself think and feel it ; you ap- pear to have surpassed victory itself, since you have remitted in favor of the conquered those things which victory had put in your power. For though by the conditions of the victory itself, we who were conquered were all ruined, we still have been preserved by the deliberate decision of your clemency. You, therefore, deserve to be the only man who is never con- quered, since you conquer the conditions and the violent priv- ileges of victory itself. V. And, O conscript fathers, remark how widely this decis- ion of Caius Caesar extends. For by it, all of us who, under the compulsion of some miserable and fatal destiny of the re- public, were driven to take up arms as we did, though we are still not free from the fault of having erred as men may, are at all events released from all imputation of wickedness. For when, at your entreaty, he preserved Majcus Marcellus to the republic, he, at the same time, restored me to myself and to the republic though no one entreated him in my favor, and L 242 CICERO'S ORATIONS. he restored all the other most honorable men who were in the same case to ourselves and to their country ; whom you now behold in numbers and dignity present in this very assembly. He has not brought his enemies into the senate-house ; but he has decided that the war was undertaken by most of them rather out of ignorance, and because of some ungrounded and empty fear, than out of either any depraved desires or cruelty. And in that war, I always thought it right to listen to all proposals that gave any hope of peace, and I always grieved, that not only peace, but that even the language of those citi- zens who asked for peace, should be rejected. For I never approved of either that or of any civil war whatever ; and my counsels were always allied to peace and peaceful measures, not to war and arms. I followed the man from my own pri- vate feelings, not because of my judgment of his public con- duct ; and the faithful recollection of the grateful disposition which I cherish had so much influence with me, that though I had not only no desire for victory, but no hope even of it, I rushed on, knowingly, and with my eyes open, as it were, to a voluntary death. And, indeed, my sentiments in the mat- ter were not at all concealed yfov in this assembly, before any decisive steps were taken either way, I said many things in favor of peace, and even while the war was going on I retain- ed the same opinions, even at the risk of my life. 1 And from this fact, no one will form so unjust an opinion as to doubt what Cassar's own inclination respecting the war was, when, the moment that it was in his power, he declared his opinion in favor of saving the advisers of peace, but showed his anger against the others. And, perhaps, that was not very strange at a time when the event of the war was still uncertain, and its fortune still undecided. But he who, when victorious, at- taches himself to the advisers of peace, plainly declares that he would have preferred having no war at all even to con- quering. VI. And in this matter I myself am a witness in favor of 1 Cicero was not present at the battle of Pharsalia, but remained at Dyrrachium, vexed at his advice bein g totally disregarded. Cato also remained at Dyrrachium. When Labienus brought them the news of Pompey's defeat, Cato offered Cicero the command, as the superior in dignity ; and Plutarch relates, that on his refusal of it, young Pompey was so enraged, that he would have killed him on the spot if Cato had not prevented him. And this is what Middleton (who quotes the sentence in the text) thinks that Cicero is alluding to here. FOR M. C. MARCELLUS. 243 Marcus Marcellus. For as our opinions have at all times agreed in time of peace, so did they then in respect of that war*. How often have I seen him affected with the deepest grief at the insolence of certain men, and dreading also the ferocity of victory ! On which account your liberality, O Caius Caesar, ought to be more acceptable to us who have seen those things. For now we may compare, not the causes of the two parties together, but the use which each would have made of victory. We have seen your victory terminated at once by the result of your battles ; we have seen no sword unsheathed in the city. The citizens whom we have lost were stricken down by the force of Mars, not by evil feelings let loose by victory ; so that no man can doubt that Caius Csesar would even raise many from the dead if that were possible, since he does preserve all those of that army that he can. But of the other party I will say no more than what we were all afraid of at the time, namely, that theirs would have been too angry a victory. For some of them were in the hab- it of indulging in threats not only against those of their ene- mies who were in arms, but even against those who remained quiet ; and they used to say that the matter to be considered was not what each man had thought, but where he had been. So that it appears to me that the immortal gods, even if they were inflicting punishment on the Roman people for some of- fense, when they stirred up so serious and melancholy a civil war, are at length appeased, or at all events satiated, and have now made all our hopes of safety depend on the clemency and wisdom of the conqueror. Rejoice, then, in that admirable and virtuous disposition of yours; and enjoy not only your fortune and glory, but also your own natural good qualities, and amiable inclinations and manners ; for those are the things which produce the greatest fruit and pleasure to a wise man. When you call to mind your other achievements, although you will often congratu- late yourself on your valor, still you will often have reason to thank your good fortune also. But as often as you think of us whom you have chosen to live safely in the republic as well as yourself, you will be thinking at the same time of your own exceeding kindness, of your own incredible liberal- ity, of your own unexampled wisdom ; qualities which I will venture to call not only the greatest, but the only real bless- ings. For there is so much splendor in genuine glory, so 244 CICERO'S ORATIONS. much dignity in magnanimity and real practical wisdom, that these qualities appear to be given to a man by virtue, while all other advantages seem only lent to him by fortune. Be not wearied then in the preservation of virtuous men ; especially of those who have fallen, not from any evil desires, or depravity of disposition, but merely from an opinion of their duty, — a foolish and erroneous one perhaps, but certainly not a wicked one, — and because they were misled by imaginary claims which they fancied the republic had on them. For it is no fault of yours if some people were afraid of you ; and, on the other hand, it is your greatest praise that they have now felt that they had no reason to fear you. VII. But now I come to those severe complaints, and to those most terrible suspicions that you have given utterance to ; of dangers which should be guarded against not more by you yourself than by all the citizens, and most especially by us who have been preserved by you. And although I trust that the suspicion is an ungrounded one, still I will not speak so as to make light of it. For caution for you is caution for ourselves. So that, if we must err on one side or the other, I would rather appear too fearful, than not sufficiently prudent. But still, who is there so frantic? Any one of your own friends ? And yet who are more your friends than those to whom you have restored safety which they did not venture to hope for? Any one of that number who were with you ? It is not credible that any man should be so insane as not to pre- fer the life of that man who was his general when he obtained the greatest advantages of all sorts, to his own. But if your friends have no thoughts of wickedness, need you take precau- tions lest your enemies may be entertaining such? Who are they ? For all those men who were your enemies have either already lost their lives through their obstinacy, or else have preserved them through your mercy ; so that either none of your enemies survive, or those who do survive are your most devoted friends. t But still, as there are so many hiding-places and so many dark corners in men's minds, let us increase your suspicions, for by so doing we shall at the same time increase your dili- gence. For who is there so ignorant of every thing, so very new to the affairs of the republic, so entirely destitute of thought either for his own or for the general safety, as not to understand that his own safety is bound up with yours? that FOR M. C. MARCELLUS. 245 the lives of all men depend on your single existence? I my- self, in truth, while I think of you day and night, — as I ought to do, — fear only the chances to which all men are liable, and the uncertain events of health and the frail tenure of our com- mon nature, and I grieve that, while the republic ought to be immortal, it depends wholly on the life of one mortal man. But if to the chances of human life and the uncertain condi- tion of man's health there were to be added also any conspiracy of wickedness and treachery, then what god should we think able to assist the republic, even if he were to desire to do so 1 VIII. All things, O Caius Caesar, which you now see lying stricken and prostrate — as it was inevitable that they should be — through the violence of war, must now be raised up again by you alone. The courts of justice must be re-established, confidence must be restored, licentiousness must be repressed, the increase of population must be encouraged, every thing which has become lax and disordered must be braced up and strengthened bv strict laws. In so vast a civil war, when there was such ardor of feeling and of warlike preparation on both sides, it was impossible but that — whatever the ulti- mate result of the war might be — the republic which had been violently shaken by it should lose many ornaments of its dig- nity and many bulwarks of its security, and that each general should do manv things while in arms, which he would have forbidden to have been done while clad in the garb of peace. And all those wounds of war thus inflicted now require you attention, and there is no one except you who is able to heal them. Therefore, I was concerned when I heard that cele- brated and wise savins; of vours, " I have lived long enough to satisfy either nature or glory." Sufficiently long, if you please, for nature, and I will add, if you like, for glory ; but which is of the greatest consequence of all, certainly not long enough for your country. Give up then, I entreat you, that wisdom of learned men shown in their contempt of death ; do not be wise at our ex- pense. For it has often come to my ears that you are in the habit of using that expression much too frequently — that you have lived long enough for yourself. I dare say you have ; but I could only be willing to hear you say so if you lived for yourself alone, or if you had been born for yourself alone. But as it is, — as your exploits have brought the safety of all the citizens and the entire republic to a dependence on you, — 51 240 CICERO'S ORATIONS. you are so far from having completed your greatest labors, that you have not even laid the foundations which you design to lay. And will you then limit your life, not by the welfare of the republic, but by the tranquillity of your own mind? What will you do, if that is not even sufficient for your glory, of which — wise man though you be — you will not deny that you are exceedingly desirous? "Is it then," you will say, "but small glory that we shall leave behind us? It may, indeed, be sufficient for others, however many they may be, and insufficient for you alone. For whatever it is, however ample it may be, it certainly is insufficient, as long as there is any thing greater still. And if, O Caius Caesar, this was to be the result of your immortal achievements, that after conquering all your enemies, you were to leave the re- public in the state in which it now is ; then beware, I beg of you, lest your virtue should earn admiration rather than solid glory ; since the glory which is illustrious and which is cele- brated abroad, is the fame of many and great services done either to one's own friends, or to one's country, or to the whole race of mankind. IX. This, then, is the part which remains to you ; this is the cause which you have before you ; this is what you must now labor at, — to settle the republic, and to enjoy it yourself, as the first of its citizens, in the greatest tranquillity and peacefulness. And then, if you please, when you have dis- charged the obligations which you owe to your country, and when you have satisfied nature herself with the devotion of your life, then you may say that you have lived long enough. For what is the meaning of this very word " long" when ap- plied to what has an end ? And when the end comes, then nil past pleasure is to be accounted as nothing, because there is none to come after it. Although that spirit of yours lias never been content with this narrow space which nature has afforded us to live in ; but has always been inflamed with a desire of immortality. Nor is this to be considered your life which is contained in your body and in vour breath. That, — www * that, I say, is your life, which will flourish in the memory of all ages; which posterity will cherish; which eternity itself will always preserve. This is what vou must be subservient to; it is to this that you ought to display yourself: which in- deed has long .ago had many actions of yours to admire, and which now is expecting some which it may also praise. FOR M. C MARCELLUS 247 Unquestionably, posterity will stand amazed when they hear and read of your military commands, — of the provinces which you have added to the empire, — of the Rhine, of the ocean, of the Nile, all made subject to us, — of your countless battles, of your incredible victories, of your innumerable monuments and triumphs. But unless this city is now securely settled by your counsels and by your institutions, your name will indeed be talked about very extensively, but your glory will have no secure abode, no sure home in which to repose. There will be also among those who shall be born hereafter, as there has been among us, great disputes, when some with their praises will extol your exploits to the skies, and others, perhaps, will miss something in them, — and that, too, the most important thing of all, — unless you extinguish the conflagration of civil war by the safety of the country, so that the one shall ap- pear to have been the effect of destiny and the other the work of your own practical wisdom. Have regard, then, to those judges w r ho will judge you many ages afterward, and who will very likely judge you more honestly than we can. For their judgment will be unbiased by affection or by ambitionj and at the same time it will be untainted by hatred or by envy. And even if it will be incapable of affecting you at that time (which is the false opinion held by some men), at all events, it concerns you now to conduct yourself in such a manner that no oblivion shall ever be able to obscure your praises. X. The inclinations of the citizens have been very diverse, and their opinions much distracted ; for we showed our va- riance, not only by our counsels and desires, but by arms and warlike operations. And there was obscurity in the designs of, and contention between, the most illustrious generals: many doubted which was the best side ; many, what was expedient for themselves; many, what was becoming; some even felt uncertain as to what it was in their power to do. The re- public has at last come to the end of this miserable and fatal war ; that man has been victorious who has not allowed his animosities to be inflamed by good fortune, but who has miti- gated them by the goodness of his disposition ; and who did not consider all those with whom he was displeased deserving on that account of exile or of death. Arms were laid aside by some, were wrested from the hands of others. He is an ungrateful and an unjust citizen, who, when released from 248 CICERO'S ORATIONS. the danger of .arms, still retains, as it were, an armed spirit, so that that man is better who fell in battle, who spent his life in the cause. For that which seems obstinacy to some people may appear constancy in others. ^But now all dissen- sion is crushed by the arms and extinguished by the justice of the conqueror; it only remains for all men for the future to be animated by one wish, all at least who have not only any wisdom at all, but who are at all in their senses. Unless you, O Caius Caesar, continue safe, and also in the same senti- ments as you have displayed on previous occasions, and on this day most eminently, we can not be safe either. Wherefore we all — we who wish this constitution and these things around us to be safe — exhort and entreat you to take care of your own life, to consult your own safety ; and we all promise to you (that I may say also on behalf of others what I feel re- specting myself), since you think that there is still something concealed, against which it is necessary to guard — we promise you, I say, not only our vigilance and our wariness also to as- sist in those precautions, but we promise to oppose our sides and our bodies as a shield against every danger which can threaten you. XI. But let my speech end with the same sentiment as it began. We all, O Caius Caesar, render you the greatest thanks, and we feel even deeper gratitude than we express ; for all feel the same thing, as you might have perceived from the entreaties and tears of all. But because it is not neces- sary for all of them to stand up and say so, the}' wish it at all events that by me, Avho am forced in some degree to rise and speak, should be expressed both all that they feel, and all that is becoming, and all that I myself consider due to Marcus Marcellus, who is thus by you restored to this order, and to the Roman people, and to the republic. For I feel that all men are exulting, not in the safety of one individual alone, but in the general safety of all. And as it becomes the greatest possible affection, such as I was always well known by all men to have toward him, so that I scarcely yielded to Caius Marcellus, his most excellent and affectionate brother, and certainly to no one except him, — that love for him which I displayed by my solicitude, by my anxiety, and my exertions, as long as there was a doubt of his safety, I certainly ought to display at this present time, now that I am relieved from my great care and distress and misery on his account- FOR Q. LIGARIUS. 249 Therefore, O Cains Caesar, I thank you, as if, — though J have not only been preserved in every sort of manner, but also loaded with distinctions by you, — still, by this action of yours, a crowning kindness of the greatest importance was added to the already innumerable benefits which you have heaped upon me, which I did not before believe were capable of any augmentation. ^ THE SPEECH OF M. T. CICERO IN DEFENSE OF QUINTUS LIGARIUS. THE ARGUMENT. Quintus Ligarius was a Roman knight, who had been one of the lieuten- ants of Considius, the proconsul of Africa, and one of Pompey's parti- sans, and as such had borne arms against Caesar in Africa, on which account he had gone into voluntary exile, to get out of the reach of the conqueror. But his two brothers had been on Caesar's side, and had joined Pansa and Cicero in interceding with Csssar to pardon him. While Csesar was hesitating, Quintus Tubero. who was an ancient en- emy of his, knowing that Caesar was very unwilling to restore him (for Lioarius was a great lover of liberty), impeached him as having be- haved with great violence in the prosecution of the African war against Caesar, who privately encouraged this proceeding, and ordered the ac- tion to be tried in the forum, where he sat in person as judge to decide it ; and so determined was he against Ligarius, that he is said to have brought the sentence of condemnation with him into court, already drawn up and formally signed and sealed. But he was prevailed upon by Cicero's eloquence* which extorted from him a verdict of acquittal against his will ; and he afterward pardoned Ligarius and allowed him to return to Rome. Ligarius afterward became a great friend of Brutus, and joined him in the conspiracy against Caesar. I. It is a new crime, and one never heard of before this day, O Caius Cassar, which my relation Quintus Tubero has brought before you, when he accuses Quintus Ligarius with having been in Africa ; and that charge Caius Pansa, a man of eminent genius, relying perhaps on that intimacy with you which he enjoys, has ventured to confess. Therefore I do not know which way I had best proceed. For I had come pre- pared, as you did not know that fact of your own knowledge, L2 250 CICERO'S ORATIONS. and could not have heard it from any other quarter, to abuse your ignorance in order to further the safety of a miserable man. But, however, since that which was previously un- known has been ferreted out by the diligence of his enemy, we must, I suppose, confess the truth ; especially as my dear friend Caius Pansa has so acted that it would not now be in my power to deny it. Therefore, abandoning all dispute of the fact, all nry speech must be addressed to your mercy ; by which many have already been preserved, having besought of you, not a release from all guilt, but pardon from admitted error. You, therefore, O Tubero, have that which is of all things most desirable for a prosecutor, a defendant who confesses his fault ; but still, one who confesses it only so far as he admits that he was of the same party as you yourself, O Tubero, were, and as that man worthy of all praise, your father, also was. Therefore you must inevitably confess yourselves also to be guilty, before you can find fault with any part of the conduct of Ligarius. Quintus Ligarius, then, at a time when there was no sus- picion of war, went as lieutenant into Africa with Caius Considius, in which lieutenancy he made himself so accepta- ble, both to our citizens there and to our allies, that Considi- us on departing from the province could not have given satis- faction to those men if he had appointed any one else to gov- ern it. Therefore, Quintus Ligarius, after refusing it for a long time without effect, took upon himself the government of the province against his will. And while peace lasted, he governed it in such a manner, that his integrity and good faith were most acceptable both to our citizens and to our allies. On a sudden, war broke out, which those who were in Africa heard of as being actually raging before any rumor of its preparation had reached them. But when they did hear of it, partly out of an inconsiderate eagerness, partly out of some blind apprehension, they sought for some one as a lead- er, at first only with the object of securing their safety, and afterward with that of indulging their party-spirit ; while Li- garius, keeping his eyes fixed on home, and wishing to return to his friends, would not allow himself to be implicated in any business of the sort. In the mean time, Publius Attius Varus, who as praetor had obtained the province of Africa, came to Itica. Every one immediately flocked to him, and he seized FOR Q. LIGARIUS 251 on the government with no ordinary eagerness, if that may be called government which was conferred on him. while a private individual, by the clamor of an ignorant mob, without the sanction of any public council. Therefore, Ligarius, who was anxious to avoid being mixed up in any transactions of the sort, remained quiet for some time on the arrival of Varus. II. Up to this point, O Caius Caesar, Quintus Ligarius is free from all blame. He left his home, not only not for the purpose of joining in any war, but when there was not even the slightest suspicion of war. Having gone as lieutenant in time of peace, he behaved himself in a most peaceable prov- ince in such a manner, that it wished that peace might last forever. Beyond all question, his departure from Rome with such an object ouglv; not to be and can not be offensive to you. Was, then, hijj remaining there offensive? Much less. For if it was no discreditable inclination that led to his going thither, it was even an honorable necessity which compelled him to remain. B( th these times, then, are free from all fault — the time when he first Vent as lieutenant, and the time when, having been demanded by the province, he was appointed governor of Africa. There is a third time : tl^t during which he remained in Africa after the arrival of Varus ; and if that is at all criminal, the crime is one of necessity, not of inclination. Would he, if he could possibly have escaped thence by any means what- ever, would he rather have been at Utica than at Rome, — with Publius Attius, in preference to his own most united brothers? would he rather have been among strangers, than with his own friends ? When his lieutenancy itself had been full of regret and anxietv on account of the extraordinary af- fection subsisting between him and his brothers, could he pos- sibly remain there with any equanimity when separated from those brothers by the discord of war ? You have, therefore, O Caesar, no sign as yet of the affec- tions of Quintus Ligarius being alienated from you. And ob- serve, I entreat you, with what good faith I am defending his cause. I am betraying my own by so doing. O the admira- ble clemency, deserving to be celebrated by all possible praise, and publicity, and writings, and monuments ! Marcus Cicero is urgino- in Ligarius' s defense before vou, that the inclinations of another were npt the same as he admits his own to have been ; nor does he fear your silent thoughts, nor is he under 2o2 CICERO'S ORATIONS. any apprehension as to what, while you are hearing of the conduct of another, may occur to you respecting his own. III. See how entirely free from fear I am. See how brill- iantly the light of your liberality and wisdom rises 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. When the war began, O Caesar, when it was even very greatly advanced to- ward its end, I, though compelled by no extraneous force, of my own free judgment and inclination went to join that party which had taken up arms against you. Before whom now am I saying this? Forsooth, before the man who, though he was acquainted with this, nevertheless restored me to the re- public before he saw me ; who sent letters to me from Egypt, to desire me to behave as I always had behaved ; who, when he himself might have been the sole leader of the Roman peo- ple in the whole empire, still permitted me to be the other; by whose gift it was (this very Caius Pansa, who is here pres- ent, bringing me the news) that I retained the fasces wreathed with laurel, as long as I thought it becoming to retain them at all, and who would not have considered that he was giving me safety at all, if he did not give it me without my being iStripped of any of my previous distinctions. Observe, I pray you, O Tubero, how I, who do not hesitate to speak of my own conduct, do not venture to make any con- fession with respect to Ligarius : and I have said thus much respecting myself, to induce Tubero to excuse me when I say the same things of him. For I look in the forum on his in- dustry and desire of glory, either on account of the nearness of our relationship, or because I am delighted with his genius ply that he had passed many excellent laws ; but hLs memo- I randa he would either alter or not produce at all ; or, if he did produce them, he would not class them among his acts.'j But, however, I allow even these things to pass for acts ; at some things I am content to wink ; but I think it intolerable I that the acts of Caesar in the most important instances, that i is to say, in his laws, are to be annulled for their sake. VIII. What law was ever better, more advantageous, more | frequently demanded in the best ages of the republic, than the one which forbade the praetorian provinces to be retained more than a year, and the consular provinces more than two ? If this law be abrogated, do you think that the acts of Caesar are maintained ? What % are not all the laws of Caesar respect- ing judicial proceedings abrogated by the law which has been proposed concerning the third decury 1 And are you the de- fenders of the acts of Gaesar who overturn his laws? Unless, indeed, any thing which, for the purpose of recollecting it, he entered in a note-book, is to be counted among his acts, and defended, however unjust or useless it may be ; and that which he proposed to the people in the comitia centuriata and car- ried, is not to be accounted one of the acts of Caesar. But what is that third decury ? The decury of centurions, says he. What ? was not the judicature open to that order by the Ju- lian law, and even before that by the Pompeian and Aurelian laws? The income of the men, says he, was exactly defined. Certainly, not only in the case of a centurion, but in the case, too, of a Roman knight. Therefore, men of the highest honor and of the greatest bravery, who have acted as centurions, are and have been judges. I am not asking about those men, says he. Whoever has acted as centurion, let him be a judge. But if you were to propose a law, that whoever had served in the cavalry, which is a higher post, should be a judge, you would not be able to induce any one to approve of that ; for a man's fortune and worth ought to be regarded in a judge. I am not asking about those points, says he ; I am going to add as judges, common soldiers of the legion of Alaudae; 1 for 1 This was the name of a legion raised by Caesar in Gaul, and called bo, probably, from the ornament worn on their helmet. THE FIRST PHILIPPIC. 291 our friends say, that that is the only measure by which they can be saved. Oh what an insulting compliment it is to those men whom you summon to act as judges though they never expected it ! For the effect of the law is, to make those men judges in the third decury who do not dare to judge with free- dom. And in that how great, O ye immortal gods ! is the error of those men who have desired that law. For the meaner the condition of each judge is, the greater will be the severity of judgment with which he will seek to efface the idea of his meanness ; and he will strive rather to appear worthy of be- ing classed in the honorable decuries, than to have deservedly ranked in a disreputable one. IX. Another law was proposed, that men who had been condemned of violence and treason may appeal to the public if they please. Is this now a law, or rather an abrogation of all laws ? For who is there at this day to whom it is an ob- ject that that law should stand? No one is accused under those laws ; there is no one whom we think likely to be so accused. For measures which have been carried by force of arms will certainly never be impeached in a court of justice. But the measure is a popular one. I wish, indeed, that you were willing to promote any popular measure ; for, at present, all the citizens agree wdth one mind and one voice in their view of its bearing on the safety of the republic. What is the meaning, then, of the eagerness to pass the law which brings with it the greatest possible infamy, and no pop- ularity at all ? For what can be more discreditable than for a man who has committed treason against the Roman people by acts of violence, after he has been condemned by a legal decision, to be able to return to that very course of violence, on account of which he has been condemned ! But why do I argue anymore about this law? as if the object aimed at were to enable any one to appeal? The object is, the inevitable consequence must be, that no one can ever be prosecuted un- der those laws. For what prosecutor will be found insane enough to be willing, after the defendant has been condemned, to expose himself to the fury of a hired mob? or w T hat judge wall be bold enough to venture to condemn a criminal, know- ing that he will immediately be dragged before a gang of hire- ling operatives? It is not, therefore, a right of appeal that is given by that law, but two most salutary laws and modes of judicial investigation that are abolished. And what is this 292 CICERO'S ORATIONS. but exhorting young men to be turbulent, seditious, mischiev- ous citizens ? To what extent of mischief will it not be possible to insti- gate the frenzy of the tribunes now that these two rights of impeachment for violence and for treason are annulled ? What more? Is not this a substitution of a new law for the laws of Caesar, which enact that every man who has been convicted of violence, and also every man who has been convicted of trea- son, shall be interdicted from fire and water? And, when those men have a right of appeal given them, are not the acts of Csesar rescinded ? And those acts, O conscript fathers, I, who never approved of them, have still thought it advisable to maintain for the sake of concord; so that I not only did not think that the laws which Caesar had passed in his lifetime ought to be repealed, but I did not approve of meddling with those even which since the death of Caesar you have seen pro- duced and published. X. Men have been recalled from banishment by a dead man ; the freedom of the city has been conferred, not only on individuals, but on entire nations and provinces by a dead man ; our revenues have been diminished by the granting of countless exemptions by a dead man. Therefore, do we defend these measures which have been brought from his house on the authority of a single, but, I admit, a very excellent indi- vidual ; and as for the laws which he, in your presence, read, and declared, and passed, — in the passing of which he gloried, and on which he believed that the safety of the republic de- pended, especially those concerning provinces and concerning judicial proceedings, — can we, I say, we who defend the acts of Caesar, think that those laws deserve to be upset ! And yet, concerning those laws which were proposed, we have, at all events, the power of complaining ; but concerning those which are actually passed we have not even had that privilege. For they, without any proposal of them to the people, were passed before they were framed. Men ask, what is the reason why I, or why any one of you, O conscript fathers, should be afraid of bad laws while we have virtuous tribunes of the people ? We have men ready to interpose their veto ; ready to defend the republic with the sanctions of religion. We ought to be strangers to fear. What do you mean by interposing the veto? says he; what are all these sanctions of religion which you are talking about? Those, THE FIRST PHILIPPIC. 293 forsooth, on which the safety of the republic depends. We are neglecting those things, and thinking them too old-fashioned and foolish. The forum will be surrounded, every entrance of it will be blocked up ; armed men will be placed in garrison, as it were, at many points. What then ! — whatever is accom- plished by those means will be law. And you will order, I suppose, all those regularly-passed decrees to be engraved on brazen tablets. u The consuls consulted the people in regular form," (Is this the way of consulting the people that we have received from our ancestors ?) " and the people voted it with due regularity." What people ? that which was excluded from the forum ? Under what law did they do so ? under that which has been wholly abrogated by violence and arms ? But I am saying all this with reference to the future ; because it is the part of a friend to point out evils which may be avoided : and if they never ensue, that will be the best refuta- tion of my speech. I am speaking of laws which have been proposed ; concerning which you have still full power to de- cide either way. I am pointing out the defects ; away with them ! I am denouncing violence and arms ; away with them too! XL You and your colleague, O Dolabella, ought not, in- deed, to be angry with me for speaking in defense of the re- public. Although I do not think that you yourself will be ; I know your willingness to listen to reason. They say that your colleague, in this fortune of his, which he himself thinks so good, but which would seem to me more favorable if (not to use any harsh language) he were to imitate the example set him by the consulship of his grandfathers and of his uncle, — they say that he has been exceedingly offended. And I see what a formidable thing it is to have the same man angry with me and also armed ; especially at a time when men can use their swords with such impunity. But I will propose a con- dition which I myself think reasonable, and which I do not imagine Marcus Antonius will reject. If I have said any thins insulting against his way of life or against his morals. I will not object to his being my bitterest enemy. But if I have maintained the same habits that I have already adopted in the republic, — that is, if I have spoken my opinions concerning the affairs of the republic with freedom, — in the first place, I beg that he will not be angry with me for that ; but, in the next place, if I can not obtain my first request, I beg at least 294 CICEROS ORATIONS. that lie will show his anger only as he legitimately may show it to a fellow-citizen. Let him employ arms, if it is necessary, as he says it is, for his own defense : only let not those arms injure those men who have declared their honest sentiments in the affairs of the republic. Now, what can be more reasonable than this demand ? But if, as has been said to me by some of his inti- mate friends, every speech which is at all contrary to his in- clination is violently offensive to him, even if there be no in- sult in it whatever ; then we will bear with the natural dis- position of our friend. But those men, at the same time, say to me, " You will not have the same license granted to you who are the adversary of Caesar as might be claimed by Piso his father-in-law." And then they warn me of something which I must guard against ; and certainly, the excuse which sickness supplies me with, for not coming to the senate, will not be a more valid one than that which is furnished by death. XII. But, in the name of the immortal gods ! for while I look upon you, O Dolabella, who are most dear to me, it is impossible for me to keep silence respecting the error into which you are both falling ; for I believe that you, being both men of high birth, entertaining lofty views, have been eager to acquire, not money, as some too credulous people suspect, a thing which has at all times been scorned by every honora- ble and illustrious man, nor power procured by violence and authority such as never ought to be endured by the Roman people, but the affection of your fellow-citizens, and glory. But glory is praise for deeds which have been done, and the fame earned by great services to the republic ; which is ap- proved of by the testimony borne in its favor, not only by every virtuous man, but also by the multitude. I would tell you, O Dolabella, what the fruit of good actions is, if I did not see that you have already learned it by experience be- yond all other men. What day can you recollect in your whole life, as ever hav- ing beamed on you with a more joyful light than the one on which, having purified the forum, having routed the throng of wicked men, having inflicted due punishment on the ring- leaders in wickedness, and having delivered the city from con- flagration and from fear of massacre, you returned to your house? What order of society, what class of people, what THE FIRST PHILIPPIC. 295 rank of nobles even was there who did not then show their zeal in praising and congratulating you? Even I, too, be- cause men thought that you had been acting by my advice in those transactions, received the thanks and congratulations of good men in your name. Remember, I pray you, O Dol- abella, the unanimity displayed on that day in the theatre, when every one, forgetful of the causes on account of which they had been previously offended with you, showed that in consequence of your recent service they had banished all rec- ollection of their former indignation. Could you, O Dolabel- la (it is with great concern that I speak), — could you, I say, forfeit this dignity with equanimity 1 ? XIII. And you, O Marcus Antonius (I address myself to you, though in your absence), do you not prefer that day on which the senate was assembled in the temple of Tellus, to all those months during which some who differ greatly in opinion from me think that you have been happy? What a noble speech was that of yours about unanimity ! From what apprehensions were the veterans, and from what anx- ietv was the whole state relieved bv you on that occasion! when, having laid aside your enmity against him, you on that day first consented that your present colleague should be your colleague, forgetting that the auspices had been an- nounced by yourself as augur of the Roman people ; and when your little son was sent by you to the Capitol to be a hostage for peace. On what day was the senate ever more joyful than on that day? or when was the Roman people more delighted 1 which had never met in greater numbers in any assembly whatever. Then, at last, we did appear to have been really delivered by brave men, because, as they had willed it to be, peace was following liberty. On the next day, on the day after that, on the third day, and on all the following days, you went on without intermission, giving every day, it were, some fresh present to the republic ; but the greatest of all presents was that, when you abolished the name of the dictatorship. This was in effect branding the name of the dead Caesar with everlasting ignominy, and it was your do- ing, — yours, I say. For as, on account of the wickedness of one Marcus Manlius, by a resolution of the Manlian family it is unlawful that any patrician should be called Manlius, so you, on account of the hatred excited by one dictator, have ijiterlv abolished the name of dictator. 296 CICERO'S ORATIONS. "When you had done these mighty exploits for the safety of the republic, did you repent of your fortune, or of the dignity and renown and glory which you had acquired ? Whence then is this sudden change ! I can not be induced to suspect that you have been caught by the desire of acquiring money ; every one may say what he pleases, but we are not bound to believe such a thing ; for I never saw any thing sordid or any thing mean in you. Although a man's intimate friends do sometimes corrupt his natural disposition, still I know your firmness ; and I only wish that, as you avoid that mult, you had keen able also to escape all suspicion of it. XIV. What I am more afraid of is lest, bein«; ignorant of the true path to glory, you should think it glorious for you to have more power by yourself than all the rest of the people put together, and lest you should prefer being feared by your fellow-citizens to being loved by them. And if you do think so, you are ignorant of the road to glory. For a citizen to be dear to his fellow-citizens, to deserve well of the republic, to be praised, to be respected, to be loved, is glorious ; but to be feared, and to be an object of hatred, is odious, detestable; and, moreover, pregnant with weakness and decay. And we see that, even in the play, the very man who said, u What care I though all men should hate my name, So long as fear accompanies their hater' found that it was a mischievous principle to act upon. I wish, O Antonius, that you could recollect your grandfa- ther, of whom, however, you have repeatedly heard me speak. Do you think that he would have been willing to deserve even immortality, at the price of being feared in consequence of his licentious use of arms? What he considered life, what he con- sidered prosperity, was the being equal to the rest of the citi- zens in freedom, and chief of them all in worth. Therefore, to say no more of the prosperity of your grandfather, I should prefer that most bitter day of his death to the domination of Lucius China, by whom he was most barbarously slain. But why should I seek to make an impression on you by my speech? For, if the end of Cains Caesar can not inlluence you to prefer being loved to being feared, no speech of any one will do any good or have any influence with you ; and those who think him happy are themselves miserable. No one is happy who lives on such terms that he may be put to death not merely with impunity, but even to the great glory of his THE FIRST PHILIPPIC. 297 slayer. Wherefore, change your mind, I entreat you, and look back upon your ancestors, and govern the republic in such a way that your fellow-citizens may rejoice that you were born ; without which no one can be happy nor illustrious. XV. And, indeed, you have both of you had many judg- ments delivered respecting you by the Roman people, by which I am greatly concerned that you are not sufficiently in- fluenced. For what was the meaning of the shouts of the in- numerable crowd of citizens collected at the gladiatorial games ? or of the verses made by the people ? or of the extraordinary applause at the sight of the statue of Fompeius? and at that sight of the two tribunes of the people who are opposed to you % Are these things a feeble indication of the incredible unanimi- ty of the entire Koman people ? What more ? Did the ap- plause at the games of Apollo, or, I should rather say, testi- mony and judgment there given by the Eoman people, appear to you of small importance? Oh! happy are those men who, though they themselves were unable to be present on account of the violence of arms, still were present in spirit, and had a place in the breasts and hearts of the Eoman people. Unless, perhaps, you think that it was Accius who was applauded on that occasion, and who bore off the palm sixty years after his first appearance, and not Brutus, who was absent from the games which he himself was exhibiting, while at that most splendid spectacle the Eoman people showed their zeal in his favor though he was absent, and soothed their own regret for their deliverer by uninterrupted applause and clamor. I myself, indeed, am a man who have at all times despised that applause which is bestowed by the vulgar crowd, but at the same time, when it is bestowed by those of the highest, and of the middle, and of the lowest rank, and, in short, by all ranks together, and when those men who were previously accustomed to aim at nothing but the favor of the people keep aloof, I then think that, not mere applause, but a deliberate verdict. If this appears to you unimportant, which is in real- ity most significant, do you also despise the fact of which you have had experience — namely, that the life of Aulus Hirtius is so dear to the Eoman people % For it was sufficient for him to be esteemed by the Eoman people as he is ; to be pop- ular among his friends, in which respect he surpasses every body ; to be beloved by his own kinsmen, who do love him beyond measure ; but in whose case before do we ever recol- N2 998 CICERO'S ORATIONS lect such anxiety and such fear being manifested ? Certainly in no one's. What, then, are we to do ? In the name of the immortal gods, can you interpret these facts, and see what is their pur- port? What do you think that those men think of your lives, to whom the lives of those men who they hope will consult the welfare of the republic are so dear? I have reaped, O conscript fathers, the reward of my return, since I have said enough to bear testimony of my consistency whatever event may befall me, and since I have been kindly and attentively listened to by you. And if I have such opportunities frequent- ly without exposing both myself and you to danger, 1 shall avail myself of them. If not, as far as I can I shall reserve myself not for myself, but rather for the republic. I have lived long enough for the course of human life, or for my own glory. If any additional life is granted to me, it shall be bestowed not so much on myself as on you and on the re- public. THE SECOND SPEECH OF M. T. CICERO AGAINST MARCUS ANTONIUS. CALLED ALSO THE SECOND PHILIPPIC. THE ARGUMENT. This second speech was not actually spoken at all. Antonius was great- ly enraged at the first speech, and summoned another meeting of the senate for the nineteenth day of the month, giving Cicero especial no- tice to be present, and he employed the interval in preparing an invec- tive against Cicero, and a reply to the first Philippic. The senate met in the temple of Concord, but Cicero himself was persuaded not to at- tend by his friends, who were afraid of Antonius proceeding to actual violence against him (and indeed he brought a strong guard of armed men with him to the senate). He spoke with the greatest fury against Cicero, charging him with having been the principal author and con- triver of Caesar's murder, hoping by this to inflame the soldiers, whom he had posted within hearing of his harangue. Soon after this, Cicero removed to a villa near Naples for greater safety, and here he composed this second Philippic, which he did not publish immediately, but contented himself at first with sending a copy to Bru- tus and Cassius, who were much pleased with it. THE SECOND PHILIPPIC. 299 I. To what destiny of mine, O conscript fathers, shall I say that it is owing, that none for the last twenty years has been an enemy to the republic without at the same time declaring war against me ? Nor is there any necessity for naming any particular person ; you yourselves recollect instances in proof of my statement. They have all hitherto suffered severer pun- ishments than I could have wished for them ; but I marvel that you, O Antonius, do not fear the end of those men whose conduct you are imitating. And in others I was less surprised at this. None of those men of former times was a voluntary enemy to me ; all of them were attacked by me for the sake of the republic. But you, who have never been injured by me, not even by a word, in order to appear more audacious than Catiline, more frantic than Clodius, have of your own accord attacked me with abuse., and have considered that your alienation from me would be a recommendation of you to im- pious citizens. What am I to think? that I have been despised? I see nothing either in my life, or in my influence in the city, or in my exploits, or even in the moderate abilities with which I am endowed, which Antonius can despise. Did he think that it was easiest to disparage me in the senate ? a body which has borne its testimony in favor of many most illustrious citizens that they governed the republic well, but in favor of me alone, of all men, -that I preserved it. Or did he wish to contend with me in a rivalry of eloquence ! This, indeed, is an act of generosity? for what could be a more fertile or richer sub- ject for me, than to have to speak in defense of myself, and against Antonius? This, in fact, is the truth. He thought it impossible to prove to the satisfaction of those men who re- sembled himself, that he was an enemy to his country, if he was not also an enemy to me. And before I make him any reply on the other topics of his speech, I will say a few words respecting the friendship formerly subsisting between us, which he has accused me of violating, — for that I consider a most serious charge. II. He has complained that I pleaded once against his in- terest. Was I not to plead against one with whom I was quite unconnected, in behalf of an intimate acquaintance, of a dear friend ? Was I not to plead against interest acquired not by hopes of virtue, but by the disgrace of youth ! Was I not to plead against an injustice which that man procured to be done 300 CICERO'S ORATIONS. by the obsequiousness of a most iniquitous interposer of his veto, not by any law regulating the privileges of the praetor ? But I imagine that this was mentioned by you, in order that you might recommend yourself to the citizens, if they all rec- ollected that you were the son-in-law of a freedman, and that your children were the grandsons of Quintus Fadius a freedman. But you had entirely devoted yourself to my principles (for this is what you said) ; you had been in the habit of coming to my house. In truth, if you had done so, you would more have consulted your own character and your reputation for chastity. But you did not do so, nor, if you had wished it, would Caius Curio have ever suffered you to do so. You have said, that you retired in my favor from the contest for the au- gurship. Oh the incredible audacity ! oh the monstrous im- pudence of such an assertion ! For, at the time when Cnaeus Pompeius and Quintus Hortensius named me as augur, after I had been wished for as such by the whole college (for it was not lawful for me to be put in nomination by more than two members of the college), you were notoriously insolvent, nor did you think it possible for your safety to be secured by any other means than by the destruction of. the republic. But was it possible for you to stand for the augurship at a time when Curio was not in Italy ? or even at the time when you were elected, could you have got the votes of one single tribe without the aid of Curio? whose intimate friends even were convicted of violence for having been too zealous in your favor. III. But I availed myself of your friendly assistance. Of what assistance? Although the instance which you cite I have myself at all times openly admitted. I preferred confessing that I was under obligations to you, to letting myself appear to any foolish person not sufficiently grateful. However, what was the kindness that you did me? not killing me at Brun- dusium ? Would you then have slain the man whom the con- queror himself, who conferred on you, as you used to boast, the chief rank among all his robbers, had desired to be safe, and had enjoined to go to Italy? Grant that you could have slain him, is not this, O conscript fathers, such a kindness as is done by banditti, who are contented with being able to boast that they have granted their lives to all those men whose lives they have not taken? and if that were really a kindness, then those who slew that man by whom they themselves had been THE SECOND PHILIPPIC. 301 saved, and whom you yourself are in the habit of styling most illustrious men, would never have acquired such immortal glorv. But what sort of kindness is it, to have abstained from committing nefarious wickedness 1 It is a case in which it ought not to appear so delightful to me not to have been killed fay yon, as miserable, that it should have been in your power to do such a thing with impunity. However, grant that it >vas a kindness, since no greater kindness could be received from a robber, still in what point can you call me ungrateful ? Ought I not to complain of the ruin of the republic, lest I should appear ungrateful toward you? But in that com- plaint, mournful indeed and miserable, but still unavoidable for a man of that rank in which the senate and people of Rome have placed me, what did I say that was insulting ? that was otherwise than moderate ? that was otherwise than friendly ? and what instance was it not of moderation to complain of the conduct of Marcus Antonius, and yet to abstain from any abusive expressions'? especially when you had scattered abroad all relics of the republic ; when every thing was on sale at your house by the most infamous traffic ; when you confessed that those laws which had never been promulgated, had been pass- ed with reference to you, and by you ; when you, being augur, had abolished the auspices, being consul, had^taken away the power of interposing the veto ; when you were escorted in the most shameful manner by armed guards ; when, worn out with drunkenness and debauchery, you were every day performing all sorts of obscenities in that chaste house of yours. But I, as if I had to contend against Marcus Crassus, with whom I have had many severe struggles, and not with a most worth- less gladiator, while complaining in dignified language of the state of the republic, did not say one word which could be called personal. Therefore, to-day I will make him under- stand with what great kindness he was then treated by me. IV. But he also read letters which he said that I had sent to him, like a man devoid of humanity and ignorant of the common usages of life. For who ever, who was even but slightly acquainted with the habits of polite men, produced in an assembly and openly read letters which had been sent to him by a friend, just because some quarrel had arisen between them ? Is not this destroying all companionship in life, de- stroying the means by which absent friends converse together ? How many jests are frequently put in letters, which, if they 302. CICERO'S ORATIONS. were produced in public, would appear stupid ! How many- serious opinions, which, for all that, ought not to be publish- ed ! Let this be a proof of your utter ignorance of courtesy. Now mark, also, his incredible folly. What have you to op- pose to me, O you eloquent man, as you seem at least to Mus- tela Tamisius, and to Tiro Numisius? And while these men are standing at this very time in the sight of the senate with drawn swords, I too will think you an eloquent man if you will show how you would defend them if they were charged with being assassins. However, what answer would you make if I were to deny that 1 ever sent those letters to you ? By what evidence could you convict me? by my handwriting? Of handwriting indeed you have a lucrative knowledge. 1 How can you prove it in that manner? for the letters are written by an amanuensis. By this time I envy your teacher, who for all that payment, which I shall mention presently, has taught you to know nothing. For what can be less like, I do not say an orator, but a man, than to reproach an adversary with a thing which if he denies by one single word, he who has reproached him can not ad- vance one step further ? But I do not deny it ; and in this very point I convict you not only of inhumanity but also of madness. For jivhat expression is there in those letters which is not full of humanity and service and benevolence? and the whole of your charge amounts to this, that I do not express a bad opinion of you in those letters ; that in them I wrote as to a citizen, and as to a virtuous man, not as to a wicked man and a robber. But your letters I will not produce, -although 1 fairly might, now that I am thus challenged by you ; letters in which you be ") For who can be happier than those men Avhom you boast of having now expelled and driven from the eity \ What place is there either so deserted or so uncivilized, as not to seem to greet and to covet the presence of those men wherever they have arrived? What men are so clownish as not, when they have once beheld them, to think that they have reaped the greatest enjoyment that life can give !. And what poster- ity will be ever so forgetful, what literature will ever be found so ungrateful, as not to cherish their glory with undying recol- lection ? Enrol me then, I beg, in the number of those men. XIV. But one thing I am afraid you may not approve of. For if I had really been one of their number, I should have not only got rid of the king, but of the kingly power also out of the republic; and if I had been the author of the piece, as it is said, believe me, I should not have been contented with one act, but should have finished the whole play. Although, if it be a crime to have wished that Csesar might be put to death, beware, I pray you, O Antonius, of what must be your own case, as it is notorious that you, when at Narbo, formed a plan of the same sort with Caius Trebonius ; and it was on account of your participation in that design thai, when Csesar A\as being killed, avc saw you called aside by Trebonius. But 1 (see Iioav far I am from any horrible inclination toAvard,) j iraise you for having once in your life had a righteous inten- tion ; I return you thanks for not having revealed the matter; and I excuse you for not having accomplished your purpose. That exploit required a man. And if any one should institute a prosecution against you. THE SECOND PHILIPPIC. 313 and employ that test of old Cassius, " who reaped any advant- age from it V take care, I advise you, lest you suit that de- scription. Although, in truth, that action was, as you used to say, an advantage to every one who was not willing to be a slave, still it was so to you above all men, who are not merely not a slave, but are actually a king ; who delivered yourself from an enormous burden of debt at the temple of Ops; who, by your dealings with the account-books, there squandered a countless sum of money ; who have had such vast treasures brought to you from Caesar's house ; at whose own house there is set up a most lucrative manufactory of false memoranda and autographs, and a most iniquitous mark- et of lands, and towns, and exemptions, and revenues. In truth, what measure except the death of Caesar could possibly have been any relief to your indigent and insolvent condition ? You appear to be somewhat agitated. Have you any secret fear that you yourself may appear to have had some connection with that crime ? I will release you from all apprehension ; no one will ever believe it ; it is not like you to deserve well of the republic ; the most illustrious men in the republic are the authors of that exploit; I only say that you are glad it was done ; I do not accuse you of having done it. I have replied to your heaviest accusations, I must now also reply to the rest of them. XV. You have thrown in my teeth the camp of Pompeius and all my conduct at that time. At which time, indeed, if, as I have said before, my counsels and my authority had pre- vailed, you would this day be in indigence, we should oe free, and the republic would not have lost so many generals and so many armies. For I confess that, when I saw that-these things certainly would happen, which now have happened, I was as greatly grieved as all the other virtuous citizens would have been if they had foreseen the same things. I did grieve, I did grieve, O conscript fathers, that the republic which had once been saved by your counsels and mine, was fated to perish in a short time. Nor was I so inexperienced in and ignorant of this nature of things, as to be disheartened on account of a fondness for life, which while it endured would wear me out with anguish, and when brought to an end would release me from all trouble. But I was desirous that those most illustri- ous men, the lights of the republic, should live : so many men of consular rank, so many men of praetorian rank, so many O 514 CICERO'S ORATIONS. most honorable senators ; and besides them all the flower of our nobility and of our youth ; and the armies of excellent citizens. And if they were still alive, under ever such hard conditions of peace (for any sort of peace with our fellow- citizens appeared to me more desirable than civil war), we should be still this day enjoying the republic. And if my opinion had prevailed, and if those men, the preservation of whose lives was my main object, elated with the hope of victory, had not been my chief opposers, to say nothing of other results, at all events you would never have continued in this order, or rather in this city. But say you, my speech alienated from me the regard of Pompeius ? Was there any one to whom he Avas more attached L ? any one with whom he conversed or shared his counsels more frequently ? It was, indeed, a great thing that we, differing as we did re- specting the general interests of the republic, should continue in uninterrupted friendship. But I saw clearly what his opinions and views were, and he saw mine equally. I was for providing for the safety of the citizens in the first place, in order that we might be able to consult their dignity after- ward, lie thought more of consulting their existing dignity. But because each of us had a definite object to pursue, our disagreement was the more endurable. But what that extra- ordinary and almost godlike man thought of me is known to those men who pursued him to Paphos from the battle of Pharsalia. No mention of me was ever made by him that was not the most honorable that could be, that was not full of the most friendly regret for me ; while he confessed that I had had the most foresight, but that he had had more san- guine hopes. And do you dare taunt me with the name of that man whose friend you admit that I was, and whose as- sassin you confess yourself? XVI. However, let us say no more of that war, in which you were too fortunate. I will not reply even with those jests to which you have said that I gave utterance in the camp. That camp was in truth full of anxiety, but although men 1 are in great difficulties, still, provided they are men, they sometimes relax their minds. But the fact that the same man finds fault with my melancholy, and also with my jokes, is a great proof that I was very moderate in each particular. You have said that no inheritances come to me. Would ..hat this accusation of yours were a true one; I should havo THE SECOND PHILIPPIC. 315 more of my friends and connections alive. But how could such a charge ever come into your head? For I have re- ceived more than twenty millions of sesterces in inheritances. Although in this particular 1 admit that you have been more fortunate than I. No one has ever made me his heir except he was a friend of mine, in order that my grief of mind for his loss might be accompanied also with some gain, if it was to be considered as such. But a man whom you never even saw, Lucius Eubrius, of Casinum, made you his heir. And see now how much he loved you, who, though he did not know whether you were white or black, passed over the son of his brother, Quintus Fufius, a most honorable Roman knight, and most attached to him, whom he had on all occa- sions openly declared his heir (he never even names him in his will), and he makes you his heir whom he had never seen, or at all events had never spoken to. I wish you would tell me, if it is not too much trouble, what sort of countenance Lucius Turselius was of; what sort of height ; from what municipal town he came ; and of what tribe he was a member. "I know nothing." you will say, "about him, except what farms he had." Therefore, he, dis- inheriting his brother, made you his heir. And besides these instances, this man has seized on much other property be- longing to men wholly unconnected with him, to the exclu- sion of the legitimate heirs, as if he himself were the heir. Although the thing that struck me with most astonishment of all was, that you should venture to make mention of in- heritances, when you yourself had not received the inheritance of vour own father. XVII. And was it in order to collect all these arguments, O you most senseless of men, that you spent so many days in practicing declamation in another man's villa ! Although, indeed (as your most intimate friends usually say), you are in the habit of declaiming, not for the purpose of whetting your genius, but of working off the effects of wine. And, in- deed, you employ a master to teach you jokes, a man appoint- ed by your own vote and that of your boon companions ; a rhetorician, whom you have allowed to say whatever he pleased against you, a thoroughly facetious gentleman ; but there are plenty of materials for speaking against you and against your friends. But just see now what a difference there is between you and your grandfather. He used with 316 CICERO'S ORATIONS. great deliberation to bring forth arguments advantageous to the cause he was advocating ; you pour forth in a hurry the sentiments which you have been taught by another. And what wages have you paid this rhetorician ? Listen, listen, conscript fathers, and learn the blows which are inflicted on the republic. You have assigned, O Antonius, two thou- sand acres 1 of land, in the Leontine district, to Sextus Clodi- us, the rhetorician, and those, too, exempt from every kind of tax, for the sake of putting the Roman people to such a vast expense that you might learn to be a fool. Was this gift, too, O you most audacious of men, found among Caesar's pa- pers? But I will take another opportunity to speak about the Leontine and the Campanian district; where he has stolen lands from the republic to pollute them with most infamous owners. For now, since I have sufficiently replied to all his charges, I must say a little about our corrector and censor himself. And yet I will not say all I could, in order that if 1 have often to battle with him I may always come to the contest with fresh arms; and the multitude of his vices and atrocities will easily enable me to do so. XVIII. Shall we then examine your conduct from the time when you were a boy? I think so. Let us begin at the be- ginning. Do you recollect that, while you were still clad in the prsetexta, you became a bankrupt ? That was the fault of your father, you will say. I admit that. In truth, such a defense is full of filial affection. But it is peculiarly suited to your own audacity, that you sat among the fourteen rows of the knights, though by the Roscian law there was a place ap- pointed for bankrupts, even if any one had become such by the fault of fortune and not by his own. You assumed the manly gown, which you soon made a womanly one : at first a public prostitute, with a regular price for your wickedness, and that not a low one. But very soon Curio stepped in, who carried you off from your public trade, and, as if he had be- stowed a matron's robe upon you, settled you in a steady and durable wedlock. No boy bought for the gratification of pas- sion was ever so wholly in the power of his master as you were in Curio's. How often has his father turned you out of his 1 I have translated jugerum " an acre," because it is usually so trans- lated, but in point of fact it was not quite two-thirds of an English acre. At the same time it was nearly three times as largo as the Greek 7rXidpov k which is often translated acre also. THE SECOND PHILIPPIC. 317 house 1 How often has he placed guards to prevent you from entering? while you. with night for your accomplice, lust for your encourager, and wages for your compeller, were let down through the roof. That house could no longer endure your wickedness. Do you not know that -I am speaking of matters with which I am thoroughly acquainted? Remember that time when Curio, the father, lay weeping in his bed ; his son throwing himself at my feet with tears recommended to me you ; he entreated me to defend you against his own father, if he demanded six millions of sesterces of you ; for that he had been bail for you to that amount. And he himself, burn- ing with love, declared positively that because he was unable to bear the misery of being separated from you, he should go into banishment. And at that time what misery of that most flourishing family did I allay, or rather did I remove ! I per- suaded the father to pay the son's debts ; to release the young man, endowed as he was with great promise of courage and ability, by the sacrifice of part of his family estate ; and to use his privileges and authority as a father to prohibit him not only from all intimacy with, but from every opportunity of meeting vou. When you recollected that all this was done bv me, would you have dared to provoke me by abuse if you had not been trusting to those swords which we behold 1 XIX. But let us say no more of your profligacy and de- bauchery. There are things which it is not possible for me to mention with honor ; but you are all the more free for that, inasmuch as you have not scrupled to be an actor in scenes which a modest enemy can not bring himself to mention. Mark now, O conscript fathers, the rest of his life, which I will touch upon rapidly. For my inclination hastens to ar- rive at those things which he did in the time of the civil war, amid the greatest miseries of the republic and at those things which he does every day. And I beg of you, though they are far better known to you than they are to me, still to listen at- tentively, as you are doing, to my relation of them. For in such cases as this, it is not the mere knowledge of such actions that ought to excite the mind, but the recollection of them also. Although we must at once go into the middle of them, lest otherwise we should be too long in coming to the end. He was very intimate with Clodius at the time of his trib- uneship ; he, w r ho now enumerates the kindnesses which he did me. He was the firebrand to handle all conflagrations,* 318 CICERO'S ORATIONS. and even in his house he attempted something. He himself well knows what I allude to. From thence he made a jour- ney to Alexandria, in defiance of the authority of the senate, and against the interests of the republic, and in spite of re- ligious obstacles; but he had Gabinius for his leader, with whom whatever he did was sure to be right. What were the circumstances of his return from thence % what sort of return was it? He went from Egypt to the farthest extremity of Gaul before he returned home. And what was his homel For at that time every man had possession of his own house ; and you had no house any where, O Antonius. House, do you say? what place was there in the whole world where you could set your foot on any thing that belonged to you, except Mienum, which you farmed with your partners, as if it had been Sisapol 1 XX. You came from Gaul to stand for the quoestorship. Dare to say that you went to your own father before you came to me. I had already received Ca-sar's letters, begging me to allow myself to accept of your excuses; and therefore, I did not allow you even to mention thanks. After that, I was treated with respect by you, and you received attentions from me in your canvass for the quastorship. And it was at that time, indeed, that you endeavored to slay Publius Clo- dius in the forum, with the approbation of the Ee so as to have no thought for the future." — Graevius. 334 C.CERO'S ORATIONS. intending to do in the senate on the ides of March, I ask whether you have done any thing ? I heard, indeed, that you had come down prepared, because you thought that I intended to speak about your having made a false statement respecting the auspices, though it was still necessary for us to respect them. The fortune of the Roman people saved us from that day. Did the death of Caesar also put an end to your opinion respecting the auspices? But I have come to mention that occasion which must be allowed to precede those matters which I had begun to discuss. What a flight was that of yours ! What alarm was yours on that memorable day ! How, from the consciousness of your wickedness, did you de- spair of your life ! How, while flying, were you enabled se- cretly to get home by the kindness of those men who wished to save you, thinking you would show more sense than you do ! O how vain have at all times been my too true predic- tions of the future ! I told those deliverers of ours in the Capitol, when they wished me to go to you to exhort you to defend the republic, that as long as you were in fear you would promise every thing, but that as soon as you had emancipated yourself from alarm you would be yourself again. Therefore, while the rest of the men of consular rank were going back- ward and forward to you, I adhered to my opinion, nor did I see you at all that day, or the next ; nor did I think it pos- sible for an alliance between virtuous citizens and a most un- principled enemy to be made, so as to last, by any treaty or engagement whatever. The third day I came into the tem- ple of Tellus, even then very much against my will, as armed men were blockading all the approaches. What a day was that for you, O Marcus Antonius! Although you showed yourself all on a sudden an enemy to me ; still I pity you for having envied yourself. XXXVL What a man, O ye immortal gods ! and how great a man might you have been, if you had been able to preserve the inclination you displayed that day ; — we should still have peace which was made then by the pledge of a hos- tage, a boy of noble birth, the grandson of Marcus Bam bali o. Although it was fear that was then making you a good citizen, which is never a lasting teacher of duty ; your own audacity, which never departs from you as long as you are free from fear, has made you a worthless one. Although even at that time, when they thought you an excellent man, though I in- THE SECOND PHILIPPIC. 835 deed differed from that opinion, you behaved with the greatest wickedness while presiding at the funeral of the tyrant, if that ought to be called a funeral. All that fine panegyric was yours, that commiseration was yours, that exhortation was yours. It was you — you, I say — who hurled those firebrands, both those with which your friend himself was nearly burned, and those by which the house of Lucius Bellienus was set en fire and destroyed. It was you who let loose those attacks of abandoned men, slaves for the most part, which we repelled by violence and our own personal exertions ; it was you who set them on to attack our houses. And yet you, as if you had wiped off all the soot and smoke in the ensuing days, carried those excellent resolutions in the Capitol, that no document conferring any exemption, or granting any favor, should be published after the ides of March. You recollect yourself, what you said about the exiles; you know what you said about the exemption ; but the best thing of all was, that you forever abolished the name of the dictatorship in the republic. Which act appeared to show that you had conceived such a hatred of kingly power that you took away all fear of it for the future, on account of him who had been the last dictator. To other men the republic now seemed established, but it did not appear so at all to me, as I was afraid of every sort of shipwreck, as long as you were at the helm. Have I been deceived ? or, was it possible for that man long to continue unlike himself? While you were all looking on, documents were fixed up over the whole Capitol, and exemptions were being sold, not merely to individuals, but to entire states. The freedom of the city was also being given now not to single persons only, but to whole provinces. Therefore, if these acts are to stand, — and stand they can not if the republic stands too, — then, O conscript fathers, you have lost whole provin- ces ; and not the revenues only, but the actual empire of the Roman people has been diminished by a market this man held in his own house. XXXVII. "Where are the seven hundred millions of ses- terces which were entered in the account-books which are in the temple of Ops ! a sum lamentable indeed, as to the means by which it was procured, but still one which, if it were not restored to those to whom it belonged, might save us from taxes. And how was it, that when you owed forty millions of sesterces on the fifteenth of March, you had ceased to owe 333 CICERO'S ORATIONS. them by the first of April? Those things are quite countless which were purchased of different people, not without your knowledge ; but there was one excellent decree posted up in the Capitol affecting king Deiotarus, a most devoted friend to the Roman people. And when that decree was posted up, there was no one who, amid all his indignation, could restrain his laughter. For who ever was a more bitter enemy to an- other than Caesar was to Deiotarus % He was as hostile to him as he was to this order, to the equestrian order, to the people of Massilia, and to all men whom he knew to look on the republic of the Roman people with attachment. But this man, who neither present nor absent could ever obtain from him any favor or justice while he was alive, became quite an influential man with him when he was dead. When present with him in his house he had called for him though he was his host, he had made him give in his accounts of his reven- ue, he had exacted money from him ; he had established one of his Greek retainers in his tetrarchy, and he had taken Ar- menia from him, which had been given to him by the senate. While he was alive he deprived him of all these things ; now that he is dead, he gives them back again. And in what words'? At one time he says, "that it appears to him to be just, . . ." at another, "that it appears not to be unjust. . . ." What a strange combination of words ! But while alive (I know this, for I always supported Deiotarus, who was at a distance), he never said that any thing which we were ask- ing for, for him, appeared just to him. A bond for ten mill- ions of sesterces was entered into in the women's apartment (where many things have been sold, and are still being sold), by his embassadors, well-meaning men, but timid and inexpe- rienced in business, without my advice or that of the rest of the hereditary friends of the monarch. And I advise you to consider carefully what you intend to do with reference to this bond. For the king himself, of his own accord, without waiting for any of Caesar's memoranda, the moment that he heard of his death,, recovered his own rights by his own cour- age and energy. He, like a wise man, knew that this was always the law, that those men from whom the things which tyrants had taken away had been taken, might recover them when the tyrants were slain. No lawyer, then fore, not even he who is your lawyer and yours alone, and by whose advice you do all these things, will say that any thing is due to you THE SECOND PHILIPPIC. 337 by virtue of that bond for those things which had been recov- ered before that bond was executed. For he did not purchase them of you ; but, before you undertook to sell him his own property, he had taken possession of it. He was a man — we, indeed, deserve to be despised, who hate the author of the ac- tions, but uphold the actions themselves. XXXVIII. Why need I mention the countless mass of pa- pers, the innumerable autographs which have been brought for- ward ? writings of which there are imitators who sell their for- geries as openly as if they were gladiators' play-bills. There- fore, there are now such heaps of money piled up in that man's house, that it is weighed out instead of being counted. 1 But how blind is avarice ! Lately, too, a document has been posted up by which the most wealthy cities of the Cretans are released from tribute ; and by which it is ordained that after the expiration of the consulship of Marcus Brutus, Crete shall cease to be a province. Are you in your senses ! Ought you not to be put in confinement? Was it possible for there really to be a decree of Caesar's exempting Crete after the departure of Marcus Brutus, when Brutus had no connection whatever with Crete while Caesar was alive ? But by the sale of this decree (that you may not, O conscript fathers, think it wholly ineffectual) you have lost the province of Crete. There was nothing in the whole world which any one wanted to buy that this fellow was not ready to sell. Caesar too, I suppose, made the law about the exiles which you have posted up. I do not wish to press upon any one in misfortune ; I only complain, in the first place, that the return of those men has had discredit thrown upon it, whose cause Caesar judged to be different from that of the rest ; and in the second place, I do not know why you do not mete out the same measure to all. For there can not be more than three or four left. Why do not they who are in similar misfortune enjoy a similar degree of your mercy? Why do you treat them as you treated your uncle % about whom you refused to pass a law when you were passing one about all the rest ; and whom at the same time you encouraged to stand for the cen- sorship, and instigated him to a canvass, which excited the rid- icule and the complaint of every one. But why did you not hold that comitia? Was it because 1 This accidental resemblance to the incident in the " Forty Thieves" In the " Arabian Nights" i6 curious. P 338 CICERO'S ORATIONS. a tribune ot the people announced that there had been an ill- omened Hash of lightning seen ? When you have any interest of your own to serve, then auspices are all nothing ; but when it is only your friends who are concerned, then you become scrupulous. "What more? Did you not also desert him in the matter of the septemvirate t 1 "Yes, for he interfered with me." What were you afraid of? I suppose you were afraid that you would be able to refuse him nothing if he were re- stored to the full possession of his rights. You loaded him with every species of insult, a man whom you ought to have considered in the place of a father to you, if you had had any piety or natural affection at all. You put away his daughter, your own cousin, having already looked out and provided yourself beforehand with another. That was not enough. You accused a most chaste woman of misconduct. What can go beyond this ? Yet you were not content with this. In a very full senate held on the first of January, while your uncle was present, you dared to say that this was your reason for hatred of Dolabella, that you had ascertained that he had committed adultery with your cousin and your wife. Who can decide whether it was more shameless of you to make such profligate and such impious statements against that un- happy woman in the senate, or more wicked to make them against Dolabella, or more scandalous to make them in the presence of her father, or more cruel to make them at all ? XXXIX. However, let us return to the subject of Caesars written papers. How were they verified by you ? For the acts of Caesar were for peace's sake confirmed by the senate ; that is to say, the acts which Caesar had really done, not those which Antonius said that Caesar had done. Where do all these come from ? By whom are they produced and vouched for? If they are false, why are they ratified? If they are true, why are they sold ? But the vote which was come to enjoined you, after the first of June, to make an examination of Caesar's acts with the assistance of a council. What coun- cil did you consult ? whom did you ever invite to help you ? 1 The scptemviri, at full length septemviri cpuloncs or cpulonum, were originally triumviri. They were first created b. c. 198, to attend to the epulum Jovis, and the banquets given in honor of the other gods, which duty had originally belonged to the pontificcs. Julius Csesar added three more, but that alteration did not last. They formed a collegium, and were one of the four great religious corporations at Rome with the pontificcs, the augurcs, and the qui/idcccmviri. Smith, Diet. Ant. v. Epuloncs. THE SECOND PHILIPPIC. 339 what was the first of June that you waited for ! Was it that day on which you, having traveled all through the colonies where the veterans were settled, returned escorted by a band of armed men ! Oli what a splendid progress of yours was that in the months of April and May, when you attempted even to lead a colony to Capua ! How you made your escape from thence, or rather how you barely made your escape, we all know. And now you are still threatening that city. I wish you would try, and we should not then be forced to say " barely." However, what a splendid progress of yours that was ! Why need I mention your preparations for banquets, why your fran- tic hard drinking ! Those things are only an injury to your- self; these are injuries to us. We thought that a great blow was inflicted on the republic when the Campanian district was released from the payment of taxes, in order to be given to the soldiery ; but you have divided it among your partners in drunkenness and gambling. I tell you, O conscript fathers, that a lot of buffoons and actresses have been settled in the district of Campania. Why should I now complain of what has been done in the district of Leontini? Although for- merly these lands of Campania and Leontini were considered part of the patrimony of the Roman people, and were produc- tive of great revenue, and very fertile. You gave your phy-^ sician three thousand acres ; what would you have done if he had cured you ? and two thousand to your master of oratory ; what would you have done if he had been able to make you eloquent ? However, let us return to your progress, and to Italy. XL. You led a colony to Casilinum, a place to which Cae- sar had previously led one. You did indeed consult me by letter about the colony of Capua (but I should have given you the same answer about Casilinum), whether you could legally lead a new colony to a place where there was a colony already. I said that a new colony could not be legally conducted to an existing colony, which had been established with a due observ- ance of the auspices, as long as it remained in a flourishing state ; but I wrote you word that new colonists might be en- rolled among the old ones. But you, elated and insolent, dis- regarding all the respect due to the auspices, led a colony to Casilinum, whither one had been previously led a few years before ; in order to erect your standard there, and to mark out 340 CICERO'S ORATIONS. the line of the new colony with a plow. And by that plow you almost grazed the gate of Capua, so as to diminish the territory of that nourishing colony. After this violation of all religious observances, you hasten off to the estate of Marcus Varro, a most conscientious and upright man, at Casinum. By what right? with what face do you do this? By just the same, you will say, as that by which you entered on the estates of the heirs of Lucius Rubrius, or of the heirs of Lucius Tur- selius, or on other innumerable possessions. If you got the right from any auction, let the auction have all the force to which it is entitled ; let writings be of force, provided they are the writings of Caesar, and not your own ; writings by which you are bound, not those by which you have released yourself from obligation. But who says that the estate of Varro at Casinum was ever sold at all ? who ever saw any notice of that auction 1 who ever heard the voice of the auctioneer ? You say that you sent a man to Alexandria to buy it of Caesar. It was too long to wait for Caesar himself to come ! But who ever heard (and there was no man about whose safety more people were anxious) that any part whatever of Varro's property had been confiscated % What 1 what shall we say if Caesar even wrote you that you were to give it up? What can be said strong enough for such enormous impudence? Remove for a while those swords which we see around us. You shall now see that the cause of Caesar's auctions is one thing, and that of your confidence and rashness is another. For not only shall the owner drive you from that estate, but any one of his friends, or neighbors, or hereditary connections, and any agent, will have the right to do so. XLI. But how many days did he spend reveling in the most scandalous manner in that villa ! From the third hour there was one scene of drinking, gambling, and vomiting. Alas for the unhappy house itself! how different a master from its former one has it fallen to the share of! Although, how is he the master at all ? but still by how different a person has it been occupied ! For Marcus Varro used it as a place of re- tirement for his studies, not as a theatre for his lusts. What noble discussions used to take place in that villa! what ideas were originated there! what writings were composed there! The laws of the Roman people, the memorials of our ances- tors, the consideration of all wisdom and all learning, were THE SECOND PHILIPPIC. 341 the topics that used to be dwelt on then ; — but now, while you were the intruder there (for I will not call you the mas- ter), every place was resounding with the voices of drunken men ; the pavements were floating with wine ; the walls were dripping ; nobly-born boys were mixing with the basest hire- lings ; prostitutes with mothers of families. Men came from Casinum, from Aquinum, from Interamna to salute him. No one was admitted. That, indeed, was proper. For the or- dinary marks of respect were unsuited to the most profligate of men. When going from thence to Rome he approached Aquinum, a pretty numerous company (for it is a populous municipality) came out to meet him. But he was carried through the town in a covered litter, as if he had been dead. The people of Aquinum acted foolishly, no doubt ; but still they were in his road. "What did the people of Anagnia do ? who, although thev were out of his line of road, came down to meet him, in order to pay him their respects, as if he were consul. It is an incredible thing to say, but still it was only too notorious at the time, that he returned nobody's saluta- tion ; especially as he had two men of Anagnia with him, Mustela and Laco ; one of whom had the care of his swords, and the other of his drinking-cups. Why should I mention the threats and insults with which he inveighed against the people of Teanum Sidicinum, with which he harassed the men of Puteoli, because they had adopted Caius Cassius and the Bruti as their patrons? a choice dictated, in truth, by great wisdom, and great zeal, benevolence, and affection for them ; not by violence and force of arms, by which men have been compelled to choose you, and Basilus, and others like you both, — men whom no 'one would choose to have for his own clients, much less to be their client himself. XLII. In the mean time, while you yourself were absent, - what a day was that for your colleague when he overturned *V that tomb in the forum, which you were accustomed to re- gard with veneration ! And when that action was announced to you, you — as is agreed upon by all who were with you at the time — fainted away. What happened afterward I know not. I imagine that terror and arms got the mastery. At all events, you dragged your colleague down from his heaven ; and you rendered him, not even now like yourself, at all events verv unlike his own former self. 342 CICERO'S ORATIONS. After that what a return was that of yours to Rome! How great was the agitation of the whole city ! We recol- lected Cinna being too powerful ; after him we had seen Syl- la with absolute authority, and we had lately beheld Caesar acting as king. There were perhaps swords, but they were sheathed, and they were not very numerous. But how great and how barbaric a procession is yours ! Men follow you in battle array with drawn swords ; we see whole litters full of shields borne along. And yet by custom, O conscript fathers, we have become inured and callous to these things. When on the first of June we wished to come to the senate, as it had been ordained, we were suddenly frightened and forced to flee. But he, as having no need of a senate, did not miss any of us, and rather rejoiced at our departure, and immediately proceeded to those marvelous exploits of his. He who had defended the memoranda of Caesar for the sake of his own profit, overturned the laws of Caesar — and good laws too — for the sake of being able to agitate the republic. He in- creased the number of years that magistrates were to enjoy their provinces ; moreover, though he was bound to be the defender of the acts of Caesar, he rescinded them both with reference to public and private transactions. In public transactions nothing is more authoritative than law ; in private affairs the most valid of all deeds is a will. Of the laws, some he abolished without giving the least notice; others he gave notice of bills to abolish. Wills he annulled ; though they have been at all times held sacred even in the case of the very meanest of the citizens. As for the statues and pictures which Caesar bequeathed to the people, together with his gardens, those he carried away, some to the house which belonged to Pompeius, and some to Scipio's villa. XLIII. And are you then diligent in doing honor to Cae- sar's memory 1 Do you love him even now that he is dead ? What greater honor had he obtained than that of having a i holy cushion, an image, a temple, and a priest? As then Jupiter, and Mars, and Quirinus have priests, so Marcus An- tonius is the priest of the god Julius. Why then do you de- lay ? why are not you inaugurated ? Choose a day ; select some one to inaugurate you ; we are colleagues ; no one will refuse. O you detestable man, whether you are the priest of a tyrant, or of a dead man ! I ask you then, whether you are ignorant what day this is? Are you ignorant that yesterday THE SECOND PHILIPPIC. 343 was the fourth day of the Roman games in the Circus? and that you yourself submitted a motion to the people, that a fifth day should be added besides, in honor of Caesar ? Why are we not all clad in the praetexta f Why are we permit- ting the honor which by your law was appointed for Caesar to be deserted ? Had you no objection to so holy a day being polluted by the addition of supplications, while you did not choose it to be so by the addition of ceremonies connected with a sacred cushion? Either take away religion in every case, or preserve it in every case. You will ask whether I approve of his having a sacred cushion, a temple and a priest ? I approve of none of those things. But you, who are defending the acts of Caesar, what reason can you give for defending some, and disregarding others 1 unless, indeed, you choose to admit that you measure every thing by your own gain, and not by his dignity. What will you now reply to these arguments (for I am waiting to witness your eloquence ; I knew your grandfather, who was a most eloquent man, but I know you to be a more undisguised speaker than he was ; he never harangued the people naked ; but we have seen your breast, man, without disguise as you are)? Will you make any reply to these statements? will you dare to open your mouth at all? Can you find one single article in this long speech of mine, to which you trust that you can make any answer? However, we will say no more of what is past. XLIV. But this single day, this very day that now is, this very moment while I am speaking, defend your conduct dur- ing this very moment, if you can. Why has the senate been surrounded with a belt of armed men ? Why are your satel- lites listening to me sword in hand ? Why are not the fold- ing-doors of the temple of Concord open ? Why do you bring men of all nations the most barbarous, Ityreans, armed with arrows, into the forum ? He says, that he does so as a guard. Is it not then better to perish a thousand times than to be unable to live in one's own city without a guard of armed men? But believe me, there is no protection in that; — a man must be defended by the affection and good-will of his fellow-citizens, not by arms. The Roman people will take them from you, will wrest them from your hands ; I wish that they may do so while we are still safe. But however you troat us, as long as you adopt those counsels, it is impossible 344 CICERO'S ORATIONS. for you, believe me, to last long. In truth, that wife of yours, who is so far removed from covetousness, and whom I men- tion without intending any slight to her, has been too long owing 1 her third payment to the state. The Roman people has men to whom it ean intrust the helm of the state ; and wherever they are, there is all the defense of the republic, or rather, there is the republic itself; which as yet has only avenged, but has not re-established itself. Truly and surely has the republic most high-born youths ready to defend it, — though they may for a time keep in the background from a desire for tranquillity, still they can be recalled by the repub- lic at any time. The name of peace is sweet, the thing itself is most salutary. But between peace and slavery there is a wide difference. Peace is liberty in tranquillity; slavery is the worst of all evils, — to be repelled, if need be, not only by war, but even by death. But if those deliverers of ours have taken themselves away out of our sight, still they have left behind the example of their conduct. They have done what no one else had done. Brutus pursued Tarquinius with war ; who was a king when it was lawful for a king to exist in Rome. Spurius Cassias, Spurius Melius, and Marcus Manlius were all slain because they were suspected of aiming at regal power. These are the first men who have ever ventured to attack, sword in hand, a man who was not aiming at regal power, but actually reigning. And their action is not only of itself a glorious and godlike exploit, but it is also one put forth for our imitation ; espe- cially since by it they have acquired such glory as appears hardly to be bounded by heaven itself. For although in the veiy consciousness of a glorious action there is a certain re- ward, still I do not consider immortality of glory a thing to be despised by one who is himself mortal. XLY. Recollect then, O Marcus Antonius, that day on which you abolished the dictatorship. Set before you the joy of the senate and people of Rome; compare it with this in- famous market held by you and by your friends ; and then you will understand how great is the difference between praise and profit. But in truth, just as some people, through some dis- ease which has blunted the senses, have no conception of the niceness of food, so men who are lustful, avaricious, and 1 It has been explained before that Fuhia bad been the widow of Clodius and of Curio, before she married Antonius. THE SECOND PHILIPPIC. 345 criminal, have no taste for true glory. But if praise can not allure you to act rightly, still can not even fear turn you away from the most shameful actions? You are not afraid of the courts of j ustice. If it is because you are innocent, I praise you ; if because you trust in your power of overbear- ing them by violence, are you ignorant of what that man has to fear, who on such an account as that does not fear the courts of justice? But if you are not afraid of brave men and illustrious citi- zens, because they are prevented from attacking you by your armed retinue, still, believe me, your own fellows will not long endure you. And what a life is it, day and night to be fear- ing danger from one's own people ! Unless, indeed, you have men who are bound to you by greater kindnesses than some of those men by whom he was slain were bound to Caesar ; or un- less there are points in which you can be compared with him. In that man were combined genius, method, memory, lit- erature, prudence, deliberation, and industry. He had per- formed exploits in war which, though calamitous for the re- public, were nevertheless mighty deeds. Having for many years aimed at being a king, he had with great labor, and much personal clanger, accomplished what he intended. He had conciliated the ignorant multitude by presents, by monu- ments, by largesses of food, and by banquets; he had bound his own party to him by rewards, his adversaries by the ap- pearances of clemency. Why need I say much on such a sub- ject ? He had already brought a free city, partly by fear, part- ly by patience, into a habit of slavery. XL VI. With him I can, indeed, compare you as to your J'£ desire to reign ; but in all other respects you are in no degree to be compared to him. But from the many evils which by him have been burned into the republic, there is still this good, that the Roman people has now learned how much to believe every one, to whom to trust itself, and against whom to guard. Do you never think on these things ? And do you not under- stand that it is enough for brave men to have learned how no- ble a thing it is as to the act, how grateful it is as to the ben- efit done, how glorious as to the fame acquired, to slay a ty- rant % When men could not bear him, do you think they will bear you ? Believe me, the time will come when men will race with one another to do this deed, and when no one will wait for the tardy arrival of an opportunity. P2 34G CICERO'S ORATIONS. Consider, I beg you, Marcus Antonius, do some time or oth- er consider the republic : think of the family of which you are born, not of the men with whom you are living. Be rec- onciled to the republic. However, do you decide on your con- duct. As to mine, I myself will declare what that shall be. I defended the republic as a young man, I will not abandon it now that I am old. I scorned the sword of Catiline, I will not quail before yours. No, I will rather cheerfully expose my own person, if the liberty of the city can be restored by my death. May the indignation of the Roman people at last bring forth what it has been so long laboring with. In truth, if twenty years ago in this very temple I asserted that death could not come prematurely upon a man of consular rank, with how much more truth must I now say the same of an old man *? To me, indeed, O conscript fathers, death is now even desira- ble, after all the honors which I have gained, and the deeds which I have done. I only pray for these two things : one, that dying I may leave the Roman people free. No greater boon than this can be granted me by the immortal gods. The other, that every one may meet with a fate suitable to his de- serts and conduct toward the republic. THE THIRD PHILIPPIC, OR THIRD SPEECH OF M. T. CICERO AGAINST MARCUS ANTONIUS. a t ID' THE ARGUMENT. *^ After the composition of the last speech, Octavius, considering that he had reason to be offended with Antonius, formed a plot for his assas- sination by means of some slaves, which however was discovered. In the mean time, Antonius began to declare more and more openly against the conspirators. He erected a statue in the forum to Caesar, with the inscription, " To the most worthy Defender of his Country." Octavius, at the same time, was trying to win over the soldiers of his uncle Julius, and outbidding Antonius in all his promises to them, so that he soon collected a formidable army of veterans. But as he had no public office to give him any color for his conduct, he paid great court to the republican party, in hopes to get his proceedings author- ized by the senate ; and he kept continually pressing Cicero to return to Rome and support him. Cicero, however, for some time kept aloofj THE THIRD PHILIPPIC. 347 suspecting partly his abilities, on account of his exceeding youth, and partly his sincerity in reconciling himself to his uncle's murderers ; however, at last he returned, after expressly stipulating that Octavius should employ ail his forces in defense of Brutus and his accomplices. Antonius left Rome about the end of September, in order to engage in his service four legions of Caesar's, which were on their return from Mace- donia. But when they arrived at Brundusium three of them refused to follow him, on which he murdered all their centurions, to the number of three hundred, who were all put to death in his lodgings, in the sight of himself and Fulvia his wife, and then returned to Rome with the one legion which he had prevailed on ; while the other three le- gions declared as yet for neither party. On his arrival in Rome he published many very violent edicts, and summoned the senate to meet on the twenty-fourth of October ; then he adjourned it to the twenty- eighth ; and a day or two before it met, he heard that two out of the three legions had declared for Octavius, and encamped at Alba. And this news alarmed him so much, that he abandoned his intention of proposing to the senate a decree to declare Octavius a public enemy, and after distributing some provinces among his friends, he put on his military robes, and left the city to take possession of Cisalpine Gaul, which had been assigned to him by a pretended law of the people, ajjainst the will of the senate. On the news of his departure Cicero returned to Rome, where he arrived on the ninth of December. He immediately conferred with Pansa, one of the consuls elect (Hirtius his colleague was ill), as to the measures to be taken. He was again addressed with earnest solicitations by the friends of Octavius, who, to confirm his belief in his good intentions, allowed Casca, who had been of the slayers of Caesar, and had himself given him the first blow, to enter on his office as tribune of the people on the tenth of December. The new tribunes convoked the senate for the nineteenth ; on which oc- casion Cicero had intended to be absent ; but receiving the day before the edict of Decimus Brutus, by which he forbade Antonius to enter his province (immediately after the death of Caesar he had taken pos- session of Cisalpine Gaul, which had been conferred on him by Caesar), and declared that he would defend it against him by force, and preserve it in its duty to the senate, he thought it necessary to procure for Bru- tus a resolution of the senate in his favor. He went down therefore very early, and, in a very full house, delivered the following speech. I. We have been assembled at length, O conscript fathers, altogether later than the necessities of the republic required ; but still we are assembled ; a measure which I, indeed, have been every day demanding; inasmuch as I saw that a nefa- rious war against our altars and our hearths, against our lives and our fortunes, was, I will not say being prepared, but being actually waged by a profligate and desperate man. People are waiting for the first of January. But Antonius is not waiting for that day, who is now attempting with an army to invade the province of Decimus Brutus, a most 348 CICERO'S ORATIONS. illustrious and excellent man. And when he has procured reinforcements and equipments there, he threatens that he will come to this city. What is the use then of waiting, or of even a delay for the very shortest time ? For although the first of January is at hand, still a short time is a long one for people who are not prepared. For a day, or I should rather eay an hour, often brings great disasters, if no precautions are taken. And it is not usual to wait for a fixed day for holding a council, as it is for celebrating a festival. But if the first of January had fallen on the day when Antonius first fled from the city, or if people had not waited for it, we should by this time have no war at all. For we should easily have crushed the audacity of that frantic man by the authority of the senate and the unanimity of the Roman people. And now, indeed, I feel confident that the consuls elect will do so, as soon as they enter on their magistracy. For they are men of the highest courage, of the most con- summate wisdom, and they will act in perfect harmony with each other. But my exhortations to rapid and instant action are prompted by a desire not merely for victory, but for speedy victory. For how long are we to trust to the prudence of an individ- .ual to repel so important, so cruel, and so nefarious a war? Why is not the public authority thrown into the scale as quickly as possible ? II. Caius Caesar, a young man, or, I should rather say, almost a boy, endued with an incredible and godlike degree of wisdom and valor, at the time when the phrensy of Anto- nius was at its height, and when his cruel and mischievous return from Brundusium was an object of apprehension to all, while we neither desired him to do so, nor thought of such a measure, nor ventured even to wish it (because it did not seem practicable), collected a most trustworthy army from the invincible body of veteran soldiers, and has spent his own patrimony in doing so. Although I have not used the expres- sion which I ought, — for he has not spent it, — he has invest- ed it in the safety of the republic. And although it is not possible to requite him with all the thanks to which he" is entitled, still we ought to feel all the gratitude toward him which our minds are capable of con- ceiving. For who is so ignorant of public affairs, so entirely indifferent to all thoughts of the republic, as not to see that, THE THIRD PHILIPPIC. 349 if Marcus Antonius could have come with those forces which he made sure that he should have, from Brundusium to Rome, as he threatened, there would have been no description of cruelty which he would not have practiced? A man who in the house of his entertainer at Brundusium ordered so many most gallant men and virtuous citizens to be murdered, and whose wife's face was notoriously besprinkled with the blood of men dying at his and her feet. "VVho is there of us, or what eood man is there at all, whom a man stained with this barbarity would ever have spared ; especially as he was com- ing hither much more angry with all virtuous men than he had been with those whom he had massacred there? And from this calamity Caesar has delivered the republic by his own in- dividual prudence (and, indeed, there were no other means by which it could have been done). And if he had not been born in this republic we should, owing to the wickedness of Anto- nius, now have no republic at all. For this is what I believe, this is my deliberate opinion, that if that one young man had not checked the violence and inhuman projects of that frantic man, the republic would have been utterly destroyed. And to him we must, O conscript fathers (for this is the first time, met in such a condition, that, owing to his good service, we are at liberty to say freely w r hat we think and feel), we must, I say, this day give authority, so that he may be able to defend the republic, not because that defense has been voluntarily undertaken by him, but also be- cause it has been intrusted to him by us. III. Nor (since now after a long interval we are allowed to speak concerning the republic) is it possible for us to be silent about the Martial legion. For what single man has ever been braver, what single man has ever been more devoted to the republic than the whole of the Martial legion ? which, as soon as it had decided that Marcus Antonius was an enemv of the Roman people, refused to be a companion of his insanity ; deserted him though consul ; which, in truth, it would not have done if it had considered him as consul, who, as it saw, was aiming at nothing and preparing nothing but the slaugh- ter of the citizens, and the destruction of the state. And that legion has encamped at Alba. What city could it have se- lected either more suitable for enabling it to act, or more faith- ful, or full of more gallant men, or of citizens more devoted to the republic? 350 CICERO'S ORATIONS. The fourth legion, imitating the virtue of this legion, uiid< r the leadership of Lucius Egnatuleius, the quaestor, a most vir- tuous and intrepid citizen, has also acknowledged the author- ity and joined the army of Caius Caesar. We, therefore, O conscript fathers, must take care that those things which this most illustrious young man, this most excellent of all men has of his own accord done, and still is doing, be sanctioned by our authority ; and the admirable unanimity of the veterans, those most brave men, and of the Martial and of the fourth legion, in their zeal for the re-estab- lishment of the republic, be encouraged by our praise and commendation. And let us pledge ourselves this day that their advantage, and honors, and rewards shall be cared for by us as soon as the consuls elect have entered on their mag- istracy. IV. And the things which I have said about Caesar and about his army, are, indeed, already well known to you. For by the admirable valor of Caesar, and by the firmness of the veteran soldiers, and by the admirable discernment of those legions which have followed our authority, and the liberty of the Roman people, and the valor of Caesar, Antonius has been repelled from his attempts upon our lives. But these things, as I have said, happened before ; but this recent edict of Decimus Brutus, which has just been issued, can certainly not be passed over in silence. For he promises to preserve the province of Gaul in obedience to the senate and people of Rome. O citizen, born for the republic; mindful of the name he bears ; imitator of his ancestors ! Nor, indeed, was the acquisition of liberty so much an object of desire to our an- cestors when Tarquinius was expelled, as, now that Antonius is driven away, the preservation of it is to us. Those men had learned to obey kings ever since the foundation of the city, but we from the time when the kings were driven out have forgotten how to be slaves. And that Tarquinius, whom our ancestors expelled, was not either considered or called cruel or impious, but only The Proud. That vice which we have often borne in private individuals, our ancestors could not endure even in a king. Lucius Brutus could not endure a proud king. Shall Deci- mus Brutus submit to the kingly power of a man who is wick- ed and impious? What atrocity did Tarquinius ever commit equal to the innumerable acts of the sort which Antonius has THE THIRD PHILIPPIC. 351 done and is still doing ? Again, the kings were used to con- sult the senate ; nor, as is the case when Antonius holds a senate, were armed barbarians ever introduced into the coun- cil of the king. The kings paid due regard to the auspices, which this man, though consul and augur, has neglected, not only by passing laws in opposition to the auspices, but also by making his colleague (whom he himself had appointed ir- regularly, and had falsified the auspices in order to do so) join in passing them. Again, what king was ever so pre- posterously impudent as to have all the profits, and kind- nesses, and privileges of his kingdom on sale? But what immunity is there, what rights of citizenship, what rewards that this man has not sold to individuals, and to cities, and to entire provinces ? We have never heard of any thing base or sordid being imputed to Tarquinius. But at the house of this man gold was constantly being weighed out in the spin- ning room, and money was being paid, and in one single house every soul who had any interest in the business was selling the whole empire of the Roman people. We have never heard of any executions of Roman citizens by the or- ders of Tarquinius ; but this man both at Suessa murdered the man whom he had thrown into prison, and at Brundusium massacred about three hundred most gallant men and most virtuous citizens. Lastly, Tarquinius was conducting a war in defense of the Roman people at the very time when he was expelled. Antonius was leading an army against the Roman people at the time when, being abandoned by the legions, he cowered at the name of Caesar and at his army, and neglect- ing the regular sacrifices, he offered up before daylight vows Adiich he could never mean to perform ; and at this very mo- ment he is endeavoring to invade a province of the Roman people. The Roman people, therefore, has already received and is still looking for greater services at the hand of Deci- mus Brutus than our ancestors received from Lucius Brutus, the founder of this race and name which we oujrht to be so anxious to preserve. V. But, while all slavery is miserable, to be slave to a man who is profligate, unchaste, effeminate, never, not even while in fear, sober, is surely intolerable. He, then, who keeps this man out of Gaul, especially by his own private authority, judges, and judges most truly, that he is not consul at all. We must take care, therefore, O conscript fathers, to sanction 352 CICERO'S ORATIONS. the private decision of Decimus Brutus by public authority. Nor, indeed, ought you to have thought Marcus Antonius consul at any time since the Lupercalia. For on the day when he, in the sight of the Roman people, harangued the mob, naked, perfumed, and drunk, and labored moreover to put a crown on the head of his colleague, on that day he abdicated not only the consulship, but also his own free- dom. At all events he himself must at once have become a slave, if Caesar had been willing to accept from him that ensign of royalty. Can I then think him a consul, can I think him a Roman citizen, can I think him a freeman, can I even think him a man, who on that shameful and wick- ed day showed what he was willing to endure while Caesar lived, and what he was anxious to obtain himself after he was dead ? Nor is it possible to pass over in silence the virtue and the firmness and the dignity of the province of Gaul. For that is the flower of Italy ; that is the bulwark of the empire of the Roman people ; that is the chief ornament of our dignity. But so perfect is the unanimity of the municipal towns and colonies of the province of Gaul, that all men in that district appear to have united together to defend the authority of this order, and the majesty of the Roman people. Wherefore, O tribunes of the people, although you have not actually brought any other business before us beyond the question of protection, in order that the consuls may be able to hold the senate with safety on the first of January, still you appear to me to have acted with great wisdom and great prudence in giving an op- portunity of debating the general circumstances of the repub- lic. For when you decided that the senate could not be held with safety without some protection or other, you at the same time asserted by that decision that the wickedness and au- dacity of Antonius was still continuing its practices within our walls. VI. Wherefore, I will embrace every consideration in my opinion which I am now going to deliver, a course to which you, I feel sure, have no objection; in order that authority may be conferred by us on admirable generals, and that hope of reward may be held out by us to gallant soldiers, and that a formal decision may be come to, not by words only, but also by actions, that Antonius is not only not a consul, but is even an enemy. For if he be consul, then the legions which have THE THIRD PHILIPPIC. 353 deserted the consul deserve beating 1 to death. Csesar id wick- ed, Brutus is impious, since they of their own heads have lev- ied an army against the consul. But if new honors are to be sought out for the soldiers on account of their divine and im- mortal merits, and if it is quite impossible to show gratitude ^ enough to the generals, who is there who must not think that man a public enemy, whose conduct is such that those who are in arms against him are considered the saviors of the re- public ? Again, how insulting is he in his edicts ! how ignorant ! how like a barbarian ! In the first place, how has he heaped abuse on Caesar, in terms drawn from his recollection of his own debauchery and profligacy. For where can we find any one who is chaster than this young man ! who is more mod- est? where have we among our youth a more illustrious exam- ple of the old-fashioned strictness? Who, on the other hand, is more profligate than the man who abuses him"? He reproach- es the son of Caius Cassar with his want of noble blood, when even his natural 2 father, if he had been alive, would have been made consul. His mother is a woman of Aricia. You might suppose he was saying a woman of Tralles, or of Ephesus. Just see how we all who come from the municipal towns — that is to say, absolutely all of us — are looked down upon ; for how few of us are there who do not come from those towns? and what municipal town is there which he does not despise who looks with such contempt on Aricia; a town most an- cient as to its antiquity ; if we regard its rights, united with us by treaty; if we regard its vicinity, almost close to us; if we regard the high character of its inhabitants, most honora- ble ? It is from Aricia that we have received the Yoconian and Atinian laws; from Aricia have come many of those mag- istrates who have filled our curule chairs, both in our fathers' recollection and in our own ; from Aricia have sprung many of the best and bravest of the Roman knights. But if you dis- approve of a wife from Aricia, why do you approve of one from Tusculum ? Although the father of this most virtuous and excellent woman, Marcus Atius Balbus, a man of the high- 1 Riddle (Diet. Lat. in voce) says, that this was the regular punishment for deserters, and was inflicted by their comrades. 3 Cnaeus Octavius, the real father of Octavius Caesar, had been pnctoi and governor of Macedonia, and whs intending to stand for the consul- ship when he died. 354 CICERO'S ORATIONS. est character, was a man of praetorian rank ; but the father of your wife, — a good woman, at all events a rich one, — a fellow of the name of Bambalio, was a man of no account at all. Nothi g could be lower than he was, a fellow who got his surname as a sort of insult, derived 1 from the hesitation of his speech and the stolidity of his understanding. Oh, but your grandfather was nobly born. Yes, he was that Tudita- nus who used to put on a cloak and buskins, and then go and scatter money from the rostra among the people. I wish he had bequeathed his contempt of money to his descendants ! You have, indeed, a most glorious nobility of family! But how does it happen that the son of a woman of Aricia ap- pears to you to be ignoble, when you are accustomed to boast of a descent on the mother's side which is precisely the same? 2 Besides, what insanity is it for that man to say any thing about the want of noble birth in men's wives, when his father married Numitoria of Fregellae, the daughter of a traitor, and when he himself has begotten children of the daughter of a freedman. However, those illustrious men Lucius Philippus, who has a wife who came from Aricia, and Caius Marcellus, whose wife is the daughter of an Arician, may look to this ; and I am quite sure that they have no regrets on the score of the dignity of those admirable women. VII. Moreover, Antonius proceeds to name Quint us Cice- ro, my brother's son, in his edict ; and is so mad as not to per- ceive that the way in which he names him is a panegyric on him. For what could happen more desirable for this young man, than to be known by every one to be the partner of Caj- sar's counsels^ and the enemy of the phrensy of Antonius? Bui this gladiator has dared to put in writing that he had design- ed the murder of his father and of his uncle. Oh the marvel- ous impudence, and audacity, and temerity of such an asser- tion ! to dare to put this in writing against that young man. whom I and my brother, on account of his amiable manners and pure character, and splendid abilities, vie with one an- other in loving, and to whom we incessantly devote our eyes and ears, and affections! And as to me, he does not know whether he is injuring or praising me in those same edicts When he threatens the most virtuous citizens with the sanul 1 Bambalio is derived from the Greek word fiafi^uAu, to lisp. 2 Julia, the mother of Antonius and sister of Lucius Caesar, was al* a native of Aricia. I THE THIRD PHILIPPIC. 355 punishment which I inflicted on the most wicked and infa- mous of men, he seems to praise me as if he were desirous of copying me ; but when he brings up again the memory of that most illustrious exploit, then he thinks that he is exciting some odium against me in the breasts of men like himself. VIII. But what is it that he has done himself? When he had published all these edicts, he issued another, that the sen- ate was to meet in a full house on the twenty-fourth of No- vember. On that day he himself was not present. But what were the terms of his edict 1 These, I believe, are the exact words of the end of it : " If any one fails to attend, all men will be at liberty to think him the adviser of my destruction and of most ruinous counsels." What are ruinous counsels? those which relate to the recovery of the liberty of the Roman people ? Of those counsels I confess that I have been and still am an adviser and prompter to Caesar. Although he did not stand in need of any one's advice ; but still I spurred on the willing horse, as it is said. For what good man would not have advised putting you to death, when on your death de- pended the safety and life of every good man, and the liberty and dignity of the Roman people ? But when he had summoned us all by so severe an edict, why did he not attend himself? Do you suppose that he was detained by any melancholy or important occasion 1 He was detained drinking and feasting. If, indeed, it deserves to be called a feast, and not rather gluttony. He neglected to at- tend on the day mentioned in his edict ; and he adjourned the meeting to the twenty-eighth. He then summoned us to at- tend in the Capitol ; and at that temple he did arrive himself, coming up through some mine left by the Gauls. Men came, having been summoned, some of them indeed men of high dis- tinction, but forgetful of what was due to their dignity. For the day was such, the report of the object of the meeting such, such too the man who had convened the senate, that it was discreditable for a senate to feel no fear for the result. And yet to those men who had assembled he did not dare to say a single word about Caesar, though he had made up his mind 1 to submit a motion respecting him to the senate. There was a man of consular rank who had brought a resolution ready 1 He had intended to propose to the senate to declare Octavius a pub- lic enemy. We must recollect that in these orations Cicero, even when he speaks of Caius Caesar, means Octavius. 356 CICERO'S ORATIONS. drawn up. Is it not now admitting that he is himself an ent my, when he does not dare to make a motion respecting a man who is leading an army against him while he is consul f For it is perfectly plain that one of the two must be an enemy ; nor is it possible to come to a different decision respecting ad- verse generals. If then Caius Caesar be an enemy, why does the consul submit no motion to the senate? If he does not deserve to be branded by the senate, then what can the con- sul say, who, by his silence respecting him, has confessed that he himself is an enemy 1 ? In his edicts he styles him Sparta- cus, while in the senate he does not venture to call him even a bad citizen. IX. But in the most melancholy circumstances what mirth does he not provoke? I have committed to memory some short phrases of one edict, which he appears to think partic- ularly clever ; but I have not as yet found any one who has understood what he intended by them. " That is no insult which a worthy man does." Now, in the first place, what is the meaning of " worthy ?" For there are many men worthy of punishment, as he himself is. Docs he mean what a man does who is invested with any dignity V if so, what insult can be greater? Moreover, what is the meaning of "doing an insult?" Who ever uses such an expression? Then comes, "Nor any fear which an enemy threatens." What then? is fear usually threatened by a friend ? Then came many simi- lar sentences. Is it not better to be dumb, than to say what no one can understand? Now see why his tutor, exchanging pleas for plows, has had given to hint in the public domain of the Roman people two thousand acres of land in the Leon- tine district, exempt from all taxes, for making a stupid man still stupider at the public expense. However, these perhaps are trifling matters. I ask now, why all on a sudden he became so gentle in the senate, after having been so fierce in his edicts? For what was the object of threatening Lucius Cassius, a most fearless tribune of the people, and a most virtuous and loyal citizen, with death if he came to the senate? of expelling Deciinus Carfulenus, a man thoroughly attached to the republic, from the senate by violence and threats of death? of interdicting Titus Canutius, 1 It is quite impossible to give a proper idea of Cicero's meaning here. He is arguing on the word d^gnys. from which ckgnitas is derived. But we have no means of keeping up the play on the words in English. THE THIRD PHILIPPIC. 357 by whom he had been repeatedly and deservedly harassed by most legitimate attacks, not only from the temple itself but from all approach to it? What was the resolution of the senate which he was afraid that they would stop by the inter- position of their veto % That, I suppose, respecting the sup- plication in honor of Marcus Lepidus, a most illustrious man ! Certainly there was a great danger of our hindering an ordi- nary compliment to a man on whom we were every day think- ing of conferring some extraordinary honor. However, that he might not appear to have had no reason at all for ordering the senate to meet, he was on the point of bringing forward some motion about the republic, when the news about the fourth legion came ; which entirely bewildered him, and hast- ening to flee awav, he took a division on the resolution for de- creeing this supplication, though such a proceeding had never been heard of before. 1 X. But what a setting out was his after this ! what a jour- ney when he was in his robe as a general ! How did he shun all eyes, and the light of day, and the city, and the forum ! How miserable was his flight ! how shameful! how infamous! Splendid, too, were the decrees of the senate passed on the evening of that very day ; very religiously solemn was the allotment of the provinces ; and heavenly indeed was the op- portunity, when every one got exactly wdiat he thought most desirable. You are acting admirably, therefore, O tribunes of the people, in bringing forward a motion about the protec- tion of the senate and consuls ; and most deservedly are we all bound to feel and to prove to you the greatest gratitude for your conduct. For how can we be free from fear and danger while menaced by such covetousness and audacity 1 And as for that ruined and desperate man, what more hostile decision can be passed upon him than has already been passed by his own friends'? His most intimate friend, a man con- nected with me too, Lucius Lentulus, and also Publius Naso, a man destitute of covetousness, have shown that they think that they have no provinces assigned them, and that the al- lotments of Antonius are invalid. Lucius Philippus, a man thoroughly worthy of his father and grandfather and ances- tors, has done the same. The same is the opinion of Marcus 1 The general proceeding on such occasions being to ask each senator's opinion separately, which gave those who chose an opportunity for pro- nouncing some encomium on the person honored. 358 CICERO'S ORATIONS. Turanius, a man of the greatest integrity and purity of life. The same is the conduct of Publius Oppius ; and those very men, — who, influenced by their friendship for Marcus Anto- nius, have attributed to him more power than they would perhaps really approve of, — Marcus Piso, my own connection, a most admirable man and virtuous citizen, and Marcus Ve- hilius, a man of equal respectability, have both declared that they would obey the authority of the senate. Why should I speak of Lucius China? whose extraordinary integrity, proved under many trying circumstances, makes the glory of his pres- ent admirable conduct less remarkable ; he has altogether dis- regarded the province assigned to him ; and so lias Caius Ces- tius, a man of great and firm mind. Who are there left then to be delighted with this heaven- sent allotment ? Lucius Antonius and Marcus Antonius ! O happy pair ! for there is nothing that they wished for more. Caius Antonius has Macedonia. Happy, too, is he ! For he was constantly talking about this province. Caius Calvisius has Africa. Nothing could be more fortunate, for he had only just departed from Africa, and, as if he had divinCd that he should return, he left two lieutenants at Utica. Then Marcus Iccius has Sicily, and Quintus Cassius Spain. I do not know what to suspect. I fancy the lots which assigned these two provinces, were not quite so carefully attended to by the gods. XI. O Caius Caesar (I am speaking of the young man), what safety have you brought to the republic ! How unfore- seen has it been ! how sudden ! for if he did these things when flying, what would he have done when he was pursuing? In truth, he had said in a harangue that he would be the guardian of the city ; and that he would keep his army at the gates of the city till the first of May. W'hat a fine guardian (as the proverb goes) is the wolf of the sheep ! Would Antonius have been a guardian of the city, or its plunderer and destroyer 1 ? And he said too that he would come into the city and go out as he pleased. What more need I say? Did he not say, in the hearing of all the people, while sitting in front of the tem- ple of Castor, that no one should remain alive but the con- queror? On this day, O conscript fathers, for the first time after a long interval do we plant our foot and take possession of liberty. Liberty, of which, as long as I could be, I was not only the THE THIRD PHILIPPIC. 359 defender, T)ut even the savior. But when I could not be so, I rested ; and I bore the misfortunes and misery of that period without abjeetness, and not without some dignity. But as for this most foul monster, who could endure him, or how could any one endure him ! What is there in Antonius except lust, and cruelty, and wantonness, and audacity 1 ? Of these mate- rials he is wholly made up. There is in him nothing ingen- uous, nothing moderate, nothing modest, nothing virtuous. Wherefore, since the matter has come to such a crisis that the question is whether he is to make atonement to the republic for his crimes, or we are to become slaves, let us at last, I be- seech you, by the immortal gods, O conscript fathers, adopt our fathers' courage, and our fathers' virtue, so as either to recover the liberty belonging to the Roman name and race, or else to prefer death to slavery. We have borne and endured many things which ought not to be endured in a free city : some of us out of a hope of recovering our freedom, some from too great a fondness for life. But if we have submitted to these things, which necessity and a sort of force which may seem almost to have been put on us by destiny, have com- pelled us to endure ; though, in point of fact, we have not en- dured them ; are we also to bear with the most shameful and inhuman tyranny of this profligate robber ? XII. What will he do in his passion, if ever he has the power, who, when he is not able to show his anger against any one, has been the enemy of all good men 1 What will he not dare to do when victorious, who, without having gained any victory, has committed such crimes as these since the death of Caesar % has emptied his well-filled house ! has pillaged his gardens ? has transferred to his own mansion all their or- naments ? has sought to make his death a pretext for slaugh- ter and conflagration ? who, while he has carried two or three resolutions of the senate which have been advantageous to the republic, has made every thing else subservient to his own ac- quisition of gain and plunder? who has put up exemptions and annuities to sale? who has released cities from obliga- tions'? who has removed whole provinces from subjection to the Roman empire ? who has restored exiles 1 who has passed forged laws in the name of Caesar, and has continued to have forged decrees engraved on brass and fixed up in the Capitol, and has set up in his own house a domestic market for all things of that sort? who has imposed laws on the Roman 360 CICERO'S ORATIONS. . people ? and who, with armed troops and guards, has exclude' both the people and the magistrates from the forum? who has filled the senate with armed men f and has introduced arme men into the temple of Concord when he was holding a senat there? who ran down to Brundusium to meet the legions, an then murdered all the centurions in them who were wel affected to the republic? who endeavored to come to Rome with his army to accomplish our massacre and the utter de- struction of the city? And he, now that he has been prevented from succeeding in this attempt by the wisdom and forces of Caesar, and the unanimity of the veterans, and the valor of the legions, even now that his fortunes are desperate, does not diminish his audacity, nor, mad that he is, does he cease proceeding in his headlong career of fury. He is leading his mutilated army into Gaul ; with one legion, and that too wavering in its fidelity to him, he is waiting for his brother Lucius, as he can not find any one more nearly like himself than him. But now what slaughter is this man, who has thus become a captain instead of a matador, a general instead of a gladiator, making, wherever he sets his foot ! He destroys stores, he slays the flocks and herds, and all the cattle, wherever he finds them ; his soldiers revel in their spoil ; and he himself, in order to imitate his brother, drowns himself in wine. Fields are laid waste ; villas are plundered ; matrons, virgins, well-born boys are carried off and given up to the soldiery ; and Marcus Antonius has done exactly the same wherever he has led his army. XIII. Will you open your gates to these most infamous brothers? will you ever admit them into the city? will you not rather, now that the opportunity is offered to you, now that you have generals ready, and the minds of the soldiers eager for the service, and all the Roman people unanimous, and all Italy excited with the desire to recover its liberty, — will you not, I say, avail yourself of the kindness of the im- mortal gods? You will never have an opportunity if you neglect this one. He will be hemmed in in the rear, in the front, and in flank, if he once enters Gaul. Nor must he b< attacked by arms alone, but by our decrees also. Mighty i{ the authority, mighty is the name of the senate when all it* members arc inspired by one and the same resolution. D< you not see how the forum is crowded ? how the Roman pea THE THIRD PHILIPPIC. 361 pit? \S on tiptoe with the hope of recovering its liberty? which now, beholding us, after a long interval, meeting here in num- bers, hopes too that we are also met in freedom. It was in expectation of this day that I avoided the wicked army of Marcus Antonius, at a time when he, while inveigh- in o- against me, was not aware for what an occasion I was reserving myself and my strength. If at that time I had chosen to reply to him, while he was seeking to begin the massacre with me, I should not now be able to consult the welfare of the republic. But now that I have this opportunity, I will never, O conscript fathers, neither by day nor by night, cease considering what ought to be thought concerning the liberty of the .Roman people, and concerning your dignity. And whatever ought to be planned or clone, I not only will never shrink from, but I will offer myself for, ana beg to have intrusted to me. This is what I did before while it was in my power; when it was no longer in my power to do so, I did nothing. But now it is not only in my power, but it is absolutely necessary for me, unless we prefer being slaves to fighting with all our strength and courage to avoid being slaves. The immortal gods have given us these protectors, Csesar for the city, Brutus for Gaul. For if he had been able to oppress the city we must have become slaves at once ; if he had been able to get possession of Gaul, then it would not have been long before every good man must have perished and all the rest have been enslaved. XIV. Now then that this opportunity is afforded to you, O conscript fathers, I entreat you in the name of the immortal gods, seize upon it ; and recollect at last that you are the chief men of the most honorable council on the whole face of the earth. Give a token to the Roman people that your wis- dom shall not fail the republic, since that too professes that its. valor shall never desert it either. There is no need for my warning you : there is no one so foolish as not to perceive that if we go to sleep over this opportunity we shall have to endure a tyranny which will be not only cruel and haughty, but also ignominious and flagitious. You know the insolence of Antonius; you know his friends; you know his whole household. To be slaves to lustful, wanton, debauched, profli- gate, drunken gamblers, is the extremity of misery combined with the extremity of infamy. And if now (but may the im- mortal gods avert the omen !) that worst of fates shall befall Q j#2 CICERO'S ORATIONS. the republic, then, as brave gladiators take care to perish with honor, let us too, who are the chief men of all countries and nations, take care to fall with dignity rather than to live as slaves with ignominy. There is nothing more detestable than disgrace; nothing more shameful than slavery. We have been born to glory and to liberty ; let us either preserve them or die with dignity. Too long have we concealed what we have felt : now at length it is revealed : every one has plainly shown what are his feel- ings to both sides, and what are his inclinations. There are impious citizens, measured by the love I bear my country, too many ; but in proportion to the multitude of well-affected ones, very few ; and the immortal gods have given the repub- lic an incredible opportunity and chance for destroying them. For, in addition to the defenses which we already have, there will soon be added consuls of consummate prudence, and vir- tue, and concord, who have already deliberated and pondered for many months on the freedom of the Roman people. With these men for our advisers and leaders, with the gods assisting us, with ourselves using all vigilance and taking great precau- tions for the future, and with the Roman people acting with unanimity, we shall indeed be free in a short time, and the recollection of our present slavery will make liberty sweeter. XV. Moved by these considerations, since the tribunes of the people have brought forward a motion to insure that the senate shall be able to meet in safety on the first of January, and that we may be able to deliver our sentiments on the gen- eral welfare of the state with freedom, I give my vote that Caius Ransa and Aulus Ilirtius, the consuls elect, do take care that the senate be enabled to meet in safety on the first of January; and, as an edict has been published by Decimus Brutus, imperator and consul elect, I vote that the senate thinks that Decimus Brutus, imperator and consul, deserves excellently well of the republic, inasmuch as he is upholding the authority of the senate, and the freedom and empire of the Roman people ; and as he is also retaining the province of Gallia Citerior, a province full of most virtuous and brave men, and of citizens most devoted to the republic, and his army, in obedience to the senate, I vote that the senate judges that he, and his army, and the municipalities and colonies of the province of Gaul, have acted and are acting properly, and regularly, and in a manner advantageous to the republic And THE THIRD PHILIPPIC 363 the senate thinks that it will be for the general interests of the republic that the provinces which are at present occupied by Decimus Brutus and by Lucius Plancus, both imperators, and consuls elect, and also by the officers who are in command of provinces, shall continue to be held by them in accordance with the provisions of the Julian law, until each of these of- ficers has a successor appointed by a resolution of the senate ; and that they shall take care to maintain those provinces and armies in obedience to the senate and people of Rome, and as . t a defense to the republic. And since, by the exertions and valor and wisdom of Caius Csesar, and by the admirable una- nimity of the veteran soldiers, who, obeying his authority, have been and are a protection to the republic, the Roman people has been defended, and is at this present time being defended, from the most serious dangers. And as the Martial legion has encamped at Alba, in a municipal town of the greatest loy- alty and courage, and has devoted itself to the support of the authority of the senate, and of the freedom of the Roman people ; and as the fourth legion, behaving with equal wisdom and with the same virtue, under the command of Lucius Eg' natuleius the quaestor, an illustrious citizen, has defended and is still defending the authority of the senate and the freedom of the Roman people ; I give my vote, That it is and shall be an object of anxious care to the senate to pay due honor and to show due gratitude to them for their exceeding services to the republic : and that the senate hereby orders that when . Caius Pansa and Aulus Hirtius, the consuls elect, have en' tered on their office, they take the earliest opportunity of con suiting this body on these matters, as shall seem to them ex- pedient for the republic, and worthy of their own integrity and loyalty. 3G4 CICERO'S ORATIONS. THE FOURTH ORATION OF M. T. CICERO AGAINST MAR- CUS ANTONIUS. CALLED ALSO THE FOURTH PHILIPPIC. THE ARGUMENT. After delivering the preceding speech in the senate, Cicero proceeded to the forum, where he delivered the following speech to the people, to give them information of what had been done. I. The great numbers in which you are here met this day, O Romans, and this assembly, greater than, it seems to me, I ever remember, inspires me with both an exceeding eagerness to defend the republic, and witb a great hope of re-establishing it. Although my courage indeed has never failed ; what has been unfavorable is the time ; and the moment that that has appeared to show any dawn of light, I at once have been the leader in the defense of your liberty. And if I had attempted to have done so before, I should not be able to do so now. For this day, O Romans (that you may not think it is but a trifling business in which we have been engaged), the foundations have been laid for future actions. For the senate has no longer been content with styling Antonius an enemy in words, but it has shown by actions that it thinks him one. And now I am much more elated still, because you too with such great una- nimity and with such a clamor have sanctioned our declaration that he is an enemy. And indeed, O Romans, it is impossible but that cither the men must be impious who have levied armies against the con- sul, or else that he must be an enemy against whom they have rightly taken arms. And this doubt the senate has this day removed — not indeed that there really was any ; but it has prevented the possibility of there being any. Caius Caesar, Avho has upheld and who is still upholding the republic and your freedom by his zeal and wisdom, and at the expense of his patrimonial estate, has been complimented with the high- est praises of the senate. I praise you, — yes, I praise you greatly, O Romans, when you follow with the most grateful minds the name of that THE FOURTH PHILIPPIC. 365 most illustrious youth, or rather boy ; for his actions belong to immortality, the name of youth only to his age. I can rec- ollect many things ; I have heard of many things ; I have read of many things ; but in the whole history of the whole world I have never known any thing like this. For, when we were weighed down with slavery, when the evil was daily increas- ing^when we had no defense, while we were in dread of the pernicious and fatal return of Marcus Antonius from Brundu- sium, this young man adopted the design which none of us had ventured to'hope for, which beyond all question none of us were acquainted with, of raising an invincible army of his father's soldiers, and so hindering the phrensy of Antonius, spurred on as it was by the most inhuman counsels, from the power of doing mischief to the republic. II. For who is there who does not see clearly that, if Cae- sar had not prepared an army, the return of Antonius must have been accompanied by our destruction? For, in truth, he returned in such a state of mind, burning with hatred of you all, stained with the blood of the Eoman citizens, whom he had murdered at Suessa and at Brundusium, that he thought of nothing but the utter destruction of the republic. And what protection could have been found for your safety and for your liberty if the army of Caius Caesar had not been composed of the bravest of his father's soldiers? And with respect to his praises and honors, — and he is entitled to divine and everlasting honors for his godlike and undying services, — the senate hasjust consented to my proposals, and has decreed that a motion be submitted to it at the very earliest opportu- nity. Now who is there who does not see that by this decree An- tonius has been adjudged to be an enemy ? For what else can we call him, when the senate decides that extraordinary hon- ors are to be devised for those men who are leading armies against him ? What ? did not the Martial legion (which ap- pears to me by some divine permission to have derived its name from that god from whom we have heard that the Eo- man people descended) decide by its resolutions that Antonius was an enemy before the senate had come to any resolution ? For if he be not an enemy, we must inevitably decide that those men w r ho have deserted the consul are enemies. Admi- rably and seasonably, O Eomans, have you by your cries sanc- tioned the noble conduct of the men of the Martial legion, who 366 CICERO'S ORATIONS. have come over to the authority of the senate, to your liberty, and to the whole republic ; and have abandoned that enemy and robber and parricide of his country. Nor did they dis- play only their spirit and courage in doing this, but their cau- tion and wisdom also. They encamped at Alba, in a city con- venient, fortified, near, full of brave men and loyal and virtu- ous citizens. The fourth legion imitating the virtue of this Martial legion, under the leadership of Lucius Egnatuleius, whom the senate deservedly praised a little while ago, has also joined the army of Caius Caesar. III. What more adverse decisions, O Marcus Antonius, can you want f Cassar, who has levied an army against you, is extolled to the skies. The legions are praised in the most complimentary language, which have abandoned you, which were sent for into Italy by you ; and which, if you had chosen to be a consul rather than an enemy, were wholly devoted to you. And the fearless and honest decision of those legions is confirmed by the senate, is approved of by the whole Roman people, — unless, indeed, you to-day, O Romans, decide that Antonius is a consul and not an enemy. I thought, O Ro- mans, that you did think as you show you do. What 1 do you suppose that the municipal towns, and the colonies, and the prefectures have any other opinion % All men are agreed with one mind; so that every one who wishes the state to be saved must take up every sort of arms against that pestilence. What % does, I should like to know, does the opinion of Deci- mus Brutus, O Romans, which you can gather from his edict, which has this day reached us, appear to any one deserving of being lightly esteemed ? Rightly and truly do you say No, O Romans. For the family and name of Brutus has been by some especial kindness and liberality of the immortal gods given to the republic, for the purpose of at one time establish- ing, and at another of recovering, the liberty of the Roman people. What then has been the opinion which Decimus Brutus has formed of Marcus Antonius? He excludes him from his province. He opposes him with his army. He rouses all Gaul to war, which is already roused of its own ac- cord, and in consequence of the judgment which it has itself formed. If Antonius be consul, Brutus is an enemy. Can wo then doubt which of these alternatives is the fact \ IV. And just as you now with one mind and one voice affirm that you entertain no doubt, so did the senate just now THE FOURTH PHILIPPIC. 367 decree that Decimus Brutus deserved excellently well of the republic, inasmuch as he was defending the authority of the senate and the liberty and empire of the Roman people. De- fending it against whom ? Why, against an enemy. For what other sort of defense deserves praise ? In the next place the province of Gaul is praised, and is deservedly compli- mented in most honorable language by the senate for resisting Antonius. But if that province considered him the consul, and still refused to receive him, it would be guilty of great wickedness. For ail the provinces belong to the consul of right, and are bound to obey him. Decimus Brutus, impera- tor and consul elect, a citizen born for the republic, denies that he is consul ; Gaul denies it ; all Italy denies it ; the senate denies it ; you deny it. Who then think that he is consul except a few robbers I Although even they themselves do not believe what they say; nor is it possible that they should differ from the judgment of all men, impious and des- perate men though they be. But the hope of plunder and booty blinds their minds ; men whom no gifts of money, no allotment of land, nor even that interminable auction has sat- isfied ; who have proposed to themselves the city, the proper- ties and fortunes of all the citizens as their booty ; and who, as long as there is something for them to seize and carry off, think that nothing will be wanting to them ; among whom Marcus Antonius (O ye immortal gods, avert, I pray you, and efface this omen), has promised to divide this city. May things rather happen, O Romans, as you pray that they should, and may the chastisement of this phrensy fall on him and on his friend. And, indeed, I feel sure that it will be so. For I think that at present not only men but the immortal gods have all united together to preserve this republic. For if the immortal gods foreshow us the future, by means of portents and prodigies, then it has been openly revealed to us that punishment is near at hand to him, and liberty to us. Or if it was impossible for such unanimity on the part of all men to exist without the inspiration of the gods, in either case how can we doubt as to the inclinations of the heavenly deities ! It only remains, O Romans, for you to persevere in the sen- timents which you at present display. V. I will act, therefore, as commanders are in the habit of doing when their army is ready for battle, who, although they see their soldiers ready to engage, still address an exhortation 368 CICERO'S ORATIONS. to them ; and in like manner I will exhort you who are al- ready eager and burning to recover your liberty. You have not — you have not, indeed, O Romans, to war against an en- emy with whom it is possible to make peace on any terms whatever. For he does not now desire your slavery, as he did before, but he is angry now and thirsts for your blood. No sport appears more delightful to him than bloodshed, and slaughter, and the massacre of citizens before his eyes. You have not, O Romans, to deal with a wicked and profligate man, but with an unnatural and savage beast. And, since he has fallen into a well, let him be buried in it. For if he escapes out of it, there will be no inhumanity of torture which it will be possible to avoid. But he is at present hemmed in, press- ed, and besieged by those troops which we already have, and will soon be still more so by those which in a few days the new consuls will levy. Apply yourselves then to this busi- ness, as you are doing. Never have you shown greater una- nimity in any cause ; never have you been so cordially united with the senate. And no wonder. For the question now is not in what condition we are to live, but whether we are to live at all, or to perish with torture and ignominy. Although nature, indeed, has appointed death for all men : but valor is accustomed to ward off any cruelty or disgrace in death. And that is an inalienable possession of the Roman race and name. Preserve, I beseech you, O Romans, this at- tribute which your ancestors have left you as a sort of inherit- ance. Although all other things are uncertain, fleeting, trans- itory ; virtue alone is planted firm with very deep roots ; it can not be undermined by any violence; it can never be moved from its position. By it your ancestors first subdued the whole of Italy ; then destroyed Carthage, overthrew Nu- mantia, and reduced the most mighty kings and most warlike nations under the dominion of this empire. VI. And your ancestors, O Romans, had to deal with an enemy who had also a republic, a senate-house, a treasury, harmonious and united citizens, and with whom, if fortune had so willed it, there might have been peace and treaties on settled principles. But this enemy of yours is attacking your republic, but has none himself; is eager to destroy the senate, that is to 6ay, the council of the whole world, but has no pub- lic council himself; he has exhausted your treasury, and has none of his own. For how can a man be supported by the THE FOURTH PHILIPPIC. 369 unanimity of his citizens, who has no city at all 1 And what principles of peace can there be with that man who is full of incredible cruelty, and destitute of faith 1 The whole then of the contest, O Romans, which is now before the Roman people, the conqueror of all nations, is with an assassin, a robber, a Spartacus. 1 For as to his habitual boast of being like Catilina, he is equal to him in wickedness, but inferior in energy. He, though he had no army, rapidly levied one. This man has lost that very army which he had. As, therefore, by my diligence, and the authority of the senate, and your own zeal and valor, you crushed Catilina, so you will very soon hear that this infamous piratical enterprise of Antonius has been put down by your own perfect and unex- ampled harmony with the senate, and by the good fortune and valor of your .armies and generals. I, for my part, as far as I am able to labor, and to effect any thing by my care, and exertions, and vigilance, and authority, and counsel, will omit nothing which I may think serviceable to your liberty. Nor could I omit it without wickedness after all your most ample and honorable kindness to me. However, on this day, en- couraged by the motion of a most gallant man, and one most firmly attached to you, Marcus Servilius, whom you see before you, and his colleagues also, most distinguished men, and most virtuous citizens ; and partly, too, by my advice and my ex- ample, we have, for the first time after a long interval, fired up again with a hope of liberty. 1 Spartacus was the general of the gladiators and slaves it: the Servile war. Q2 370 CICERO'S ORATIONS. THE FIFTH ORATION OF M. T. CICERO AGAINST MARCUS ANTONIUS. OTHERWISE CALLED THE FIFTH PHILIPPIC. THE ARGUMENT. The new consuls Hirtius and Pansa were much attached to Cicero, had consulted him a great deal, and professed great respect for his opinion ; but they were also under great obligations to Julius Caesar, and, con- sequently, connected to some extent with his party and with Antonius ; on which account they wished, if possible, to employ ^noderate meas- ures only against him. As soon as they had entered on their office, they convoked the senate to meet for the purpose of deliberating on the general welfare of the re- public. They both spoke themselves with great firmness, promising to be the leaders in defending the liberties of Rome, and exhorting the senate to act with courage. And then they called on Quintus Fufius Calenus, who had been consul a.u.c 707, and who was Pansa's father- in-law, to deliver his opinion first. He was known to be a firm friend of Antonius. Cicero wished to declare Antonius a public enemy at once ; but Calcnus proposed, that before they proceeded to acts of open hostility against him, they should send an embassy to admonish him to desist from his attempts upon Gaul, and to submit to the authority of the senate. Piso and others supported this motion, on the ground that it was cruel and unjust to condemn a man without giving him a fair chance of submitting, and without hearing what he had to say. It was in opposition to Calenus's motion that Cicero made the following speech, substituting for his proposition one to declare Antonius an enemy, and to offer pardon to those of his army who returned to their duty by the first of February, to thank Decimus Brutus for his conduct in Gaul, to decree a statue to Marcus Lepidus 1 for his services to the republic and his loyalty, to thank Caius Caesar (Octavius) and to grant him a special commission as general, to make him a senator and pro- praetor, and to enable him to stand for any subsequent magistracy as if he had been qusestor, to thank Lucius Egnatuleius, and to vote thanks and promise rewards to the Martial and the fourth legion. I. Nothing, O conscript fathers, has ever seemed to me lon- ger than these calends of January ; and I think that for the 1 Lepidus had not in reality done any particular service to the repub- lic (he was afterward one of the triumviri), but he was at the head of the best army in the empire; and so was able to be of the most important service to either party, and, therefore, Cicero hoped to attach him to his side by this compliment, THE FIFTH PHILIPPIC 371 last few days you have all been feeling the same thing. For those who are waging war against the republic have not wait- ed for this day. But we, while it would have been most es- pecially proper for us to come to the aid of the general safety with our counsel, were not summoned to the senate. How- ever, the speech just addressed to us by the consuls has re- moved our complaints as to what is past, for they have spoken in such a manner that the calends of January seem to have been long wished for rather than really to have arrived late. And while the speeches of the consuls have encouraged my mind, and have given me a hope, not only of preserving our safety, but even of recovering our former dignity ; on the other hand, the opinion of the man who has been asked for his opin- ion first would have disturbed me, if I had not confidence in your virtue and firmness. For this day, O conscript fathers, has dawned upon you, and this opportunity has been afforded you of proving to the Eoman people how much virtue, how much firmness, and how much dignity exists in the counsels of this order. Recollect what a day it was thirteen days ago ; how great was then your unanimity, and virtue, and firmness ; and what great praise, what great glory, and what great grat- itude you earned from the Eoman people. And on that day, O conscript fathers, you resolved that no other alternative was in your power, except either an honorable peace or a nec- essary war. Is Marcus Antonius desirous of peace ! Let him lay down his arms, let him implore our pardon, let him deprecate our vengeance: he will find no one more reasonable than me; though, while seeking to recommend himself to impious citi- zens, he has chosen to be an enemy instead of a friend to me. There is, in truth, nothing which can be given to him while waging war ; there will perhaps be something which may be granted to him if he comes before us as a suppliant. II. But to send embassadors to a man respecting whom you passed a most dignified and severe decision only thirteen days ago, is not an act of lenity, tut, if I am to speak my real opinion, of downright madness. In the first place, you praised those generals who, of their own head, had undertaken war against him ; in the next place, you praised the veterans who, though they had been settled in those colonies by Antonius, preferred the liberty of the Eoman people to the obligations which they were under to him. Is it not so 1 Why was the 372 CICERO'S ORATIONS. Martial legion ? why was the fourth legion praised 1 For if they have deserted the consul, they ought to be blamed ; if they have abandoned an enemy to the republic, then they are deservedly praised. But as at that time you had not yet got any consuls, you passed a decree that a motion concerning the rewards for the soldiers and the honors to be conferred on the generals should be submitted to you at the earliest opportunity. Are you then going now to arrange rewards for those men who have taken arms against Antonius, and to send embassadors to An- tonius ? so as to deserve to be ashamed that the legions should have come to more honorable resolutions than the senate : if, indeed, the legions have resolved to defend the senate agaiusfc Antonius, but the senate decrees to send embassadors to An- tonius. Is this encouraging the spirit of the soldiers, or damp- ing their virtue? This is what we have gained in the last twelve days, tha" the man whom no single person except Cotyla was then found to defend, has now advocates, even of consular rank. Would that they had all been asked their opinion before me (although I have my suspicions as to what some of those men who will be asked after me, are intending to say) ; I should find it easier to speak against them if any argument appeared to have been advanced. For there is an opinion in some quarters, that some one in- tends to propose to decree Antonius that farther Gaul, which Plancus is at present in possession of. What else is that but supplying an enemy with all the arms necessary for civil war : first of all with the sinews of war, money in abundance, of which he is at present destitute ; and secondly, with as much cavalry as he pleases ? Cavalry do I say ? He is a likely man to hesitate, I suppose, to bring with him the barbarian nations; — a man who does not see this is senseless; he who does see it, and still advocates such a measure, is impious. Will you furnish a wicked and desperate citizen with an army of Gauls and Germans, withlnoney, and infantry, ami cavalry, and all sorts of resources ? All these excuses arc no excuse a t all: — "He is a friend of mine." Let him first be a friend of his country : — " He is a relation of mine." Can any rela- tionship be nearer than that of one's country, in which even one's parents are comprised? "He has given me money:" — I should like to see the man who will dare to say that. Hut THE FIFTH PHILIPPIC. 373 when I have explained what is the real object aimed at, it will be easy for you to decide which opinion you ought to agree with and adopt. III. The matter at issue is, whether power is to be given to Marcus Antonius of oppressing the republic, of massacring the virtuous citizens, of plundering the city, of distributing the lands among his robbers, of overwhelming the Roman peo- ple in slavery ; or, whether he is not to be allowed to do all this. Do you doubt what you are to do? " Oh, but all this does not apply to Antonius." Even Cotyla would not ven- ture to say that. For what does not apply to him ! A man who, while he says that he is defending the acts of another, perverts all those laws of his which we might most properly praise. Caesar wished to drain the marshes : this man has given all Italy to that moderate man Lucius Antonius to dis- tribute. — Whatl has the Roman people adopted this law? — What? could it be passed with a proper regard for the auspices? But this conscientious augur acts in reference to the auspices without his colleagues. Although those auspices do not require any interpretation ; — for who is there who is ignorant that it is impious to submit any motion to the peo- ple while it is thundering ? The tribunes of the people car- ried laws respecting the provinces in opposition to the acts of Caesar ; Caesar had extended the provisions of his law over two years ; Antonius over six years. Has then the Roman people adopted this law ? What ? was it ever regularly pro- mulgated ? What ? was it not passed before it was even drawn up ? Did we not see the deed done before we even suspected that it was going to be done ! » Where is the Caecil- ian and Didian law ? What is become of the law that such bills should be published on three market-days? What is become of the penalty appointed by the recent Junian and Licinian law? Can these laws be ratified without the de- struction of all other laws ! Has any one had a right of entering the forum? Moreover, what thunder, and what a storm that was ! so that even if the consideration of the aus- pices had no weight with Marcus Antonius, it would seem strange that he could endure and bear such exceeding vio- lence of tempest, and rain, and whirlwind. When therefore he, as augur, says that he carried a law while Jupiter was not only thundering, but almost uttering an express prohibition of it by his clamor from heaven, will he hesitate to confess 374 CICERO'S ORATIONS. that it was carried in violation of the auspices V "What ? doe? the virtuous augur think that it has nothing to do with the auspices, that he carried the law with the aid of that col- league whose election he himself vitiated by giving notice of the auspices 1 IV. But perhaps we, who are his colleagues, may be the interpreters of the auspices? Do we also want interpreters of arms ? In the first place, all the approaches to the forum were so fenced round, that even if no armed men were stand- ing in the way, still it would have been impossible to enter the forum except by tearing down the barricades. But the guards were arranged in such a manner, that, as the access of an enemy to a city is prevented, so you might in this instance see the burgesses and the tribunes of the people cut off by forts and works from all entrance to the forum. On which account I give my vote that those laws which Marcus Anto- nius is said to have carried were all carried by violence, and in violation of the auspices ; and that the people is not bound by them. If Marcus Antonius is said to have carried any law about confirming the acts of Caesar and abolishing the dictatorship forever, and of leading colonies into any lands, then I vote that those laws be passed over again, with a due regard to the auspices, so that they may bind the people. For although they may be good measures which he passed ir- regularly and by violence, still they are not to be accounted laws, and the whole audacity of this frantic gladiator must be repudiated by our authority. But that squandering of the public money can not possibly be endured by which he got rid of seven hundred millions of sesterces by forged entries and deeds of gifts, so that it seems an absolute miracle that so vast a sum of money belonging to the Roman people can have disappeared in so short a time. What? are those enormous profits to be endured which the household of Marcus Anto- nius has swallowed up ? He was continually selling forged decrees; ordering the names of kingdoms and states, and grants of exemptions to be engraved on brass, having received bribes for such orders. And his statement always was, that he was doing these things in obedience to the memoranda of ' Caesar, of which he himself was the author. In the interior of his house there was going on a brisk market of the whole republic. His wife, more fortunate for herself than for her husband, wa* holding an auction of kingdoms and provinces: THE FIFTH PHILIPPIC. 375 exiles were restored without any law, as if by law : and un- less all these acts are rescinded by the authority of the sen- ate, now that we have again arrived at a hope of recovering the republic, there will be no likeness of a free city left to us* Nor is it only by the sale of forged memoranda and auto- graphs that a countless sum of money was collected together in that house, while Antonius, whatever he sold, said that he was acting in obedience to the papers of Caesar ; but he even took bribes to make false entries of the resolutions of the sen- ate ; to seal forged contracts ; and resolutions of the senate that had never been passed were entered on the records of that treasury. Of all this baseness even foreign nations were witnesses. In the mean time treaties were made ; kingdoms given away"; nations and provinces released from the burdens of the state ; and false memorials of all these transactions were fixed up all over the Capitol, amid the groans of the Eoman people. And by all these proceedings so vast a sum of money was collected in one house, that if it were all made available, the Roman people would never want money again. V. Moreover, he passed a law to regulate judicial proceed- ings, this chaste and upright man, this upholder of the tribu- nals and the law. And in this he deceived us. He used to say that he appointed men from the front ranks of the army, common soldiers, men of the Alauda, 1 as judges. But he has in reality selected gamesters; he has selected exiles; he has selected Greeks. Oh the fine bench of judges ! Oh the admi- rable dignity of that council ! I do long to plead in behalf of some defendant before that tribunal — Cyda of Crete; a prodigy even in that island ; the most audacious and aban- doned of men. But even suppose he were not so. Does he understand Latin? Is he qualified by birth and station to be a judge! Does he — which is most important — does he know any thing about our laws and manners ? Is he even acquainted with any of the citizens'? Why, Crete is better known to you than Rome is to Cyda. In fact, the selection and appointment of the judges has usually been confined to our own citizens. But who ever knew, or could possibly have known this Gortynian judge? For Lysiades, the Athenian, we most of us do know. For he is the son of Phsedrus, an eminent philosopher. And, besides, he is a witty man, so that he will be able to get on very well with Marcus Curius, who 1 It has been already explained that this was the name of one legion. 376 CICERO'S ORATIONS. will be one of his colleagues, and with whom he is in the habit of playing. I ask if Lysiades, when summoned as a judge, should not answer to his name, and should have an excuse alleged for him that he is an Areopagite, and that he is not bound to act as a judge at both Rome and Athens at the same time, will the man who presides over the investigation admit the excuse of this Greekling judge, at one time a Greek, and at another a Eoman? Or will he disregard the most ancient laws of the Athenians ? And what a bench will it be, O ye good gods ! A Cretan judge, and he the most worthless of men. Whom can a de- fendant employ to propitiate him? How is he to get at him? He comes of a hard nation. But the Athenians are merciful. I dare say that Curius, too, is not cruel, inasmuch as he is a man who is himself at the mercy of fortune every day. There are besides other chosen judges who will perhaps be excused. For they have a legitimate excuse, that they have left their country in banishment, and that they have not been restored since. And would that madman have chosen these men as judges, would he have entered their names as such in the treasury, would he have trusted a great portion of the re- public to them, if he had intended to leave the least semblance of a republic? VI. And I have been speaking of those judges who are known. Those whom you are less acquainted with I have been unwilling to name. Know then that dancers, harp-play- ers, the whole troop, in fact, of Antonius's revelers, have all been pitchforked into the third decury of judges. Now you see the object of passing so splendid and admirable a law, amidst excessive rain, storm, wind, tempest, and whirlwind, amidst thunder and lightning; it was that he might have those men for our judges whom no one would like to have for guests. It is the enormity of his wickedness, the conscious- ness of his crimes, the plunder of that money of which the account was kept in the temple of Ops, which have been the real inventors of this third decury. And infamous judges were not sought for, till all hope of safety for the guilty was despaired of, if they came before respectable ones. But what must have been the impudence, what must have been the iniq- uity of a man who dared to select those men as judges, by the selection of whom a double disgrace was stamped on the republic : one, because the judges were so infamous ; the other. THE FIFTH PHILIPPIC. 377 because by this step it was revealed and published to the world how many infamous citizens we had in the republic? These then, and all other similar laws, I should vote ought to be an- nulled, even if they had been passed without violence, and with all proper respect for the auspices. But now why need I vote that they ought to be annulled, when I do not consider that they were ever legally passed ? Is not this, too, to be marked with the deepest ignominy, and with the severest animadversion of this order, so as to be recollected by all posterity, that Marcus Antonius (the first man who has ever done so since the foundation of the cit}') has openly taken armed men about with him in this city % A thing which the kings never did, nor those men who, since the kings have been banished, have endeavored to seize on kingly power. I can recollect Cinna ; I have seen Sylla ; and lately Ca?sar. For these three men are the only ones since the city was delivered by Lucius Brutus, who have had more power than the entire republic. I can not assert that no man in their trains had weapons. This I do say, that they had not many, and that they concealed them. But this pest was attended by an army of armed men. Classitius, Mus'tela, and Tiro, openly displaying their swords, led troops of fellows like themselves through the forum. Barbarian archers occu- pied their regular place in the army. And when they arrived at the temple of Concord, the steps were crowded, the litters full of shields were arranged ; not because he wished the shields to be concealed, but that his friends might not be fatigued by carrying the shields themselves. VII. And what was most infamous not only to see, but even to hear of, armed men, robbers, assassins were stationed in the temple of Concord ; the temple was turned into a prison ; the doors of the temple were closed, and the conscript fathers delivered their opinions while robbers were standing among the benches of the senators. And if I did not come to a senate-house in this state, he, on the first of September, said that he would send carpenters and pull down my house. It was an important affair, I suppose, that was to be dis- cussed. He made some motion about a supplication. I at- tended the day after. He himself did not come. I deliv- ered my opinion about the republic, not indeed with quite so much freedom as usual, but still with more than the threats of personal danger to myself made perhaps advisable. But 378 CICERO'S ORATIONS. that violent and furious man (for Lucius Fiso had done the same thing with great credit thirty davs before) threatened me with his enmity, and ordered me to attend the senate on the nineteenth of September. In the mean time he spent the whole of the intervening seventeen days in the villa of Scip- io, at Tibur, declaiming against me to make himself thirst)-. For this is his usual object in declaiming. * When the day arrived on which he had ordered me to attend, then he came with a regular army in battle array to the temple of Concord, and out of his impure mouth vomited forth an oration against me in my absence. On which day, if my friends had not prevented me from attending the senate as I was anxious to do, he would have begun a massacre by the slaughter of me. For that was what he had resolved to do. And when once he had dyed his sword in blood, nothing would have made him leave off but pure fatigue and satiety. In truth, his brother, Lucius Antonius, was present, an Asiatic gladiator, who had fought as a Mirmillo, 1 at Mylasa ; he was thirsting for my blood, and had shed much of his own in that glad- iatorial combat. He was now valuing our property in his mind, taking notice of our possessions in the city and in the country ; his indigence united with his covetousness was threat- ening all our fortunes ; he was distributing our lands to whom- soever and in whatever shares he pleased ; no private indi- vidual could get access to him, or find any means to pro- pitiate him, and induce him to act with justice. Every for- mer proprietor had just so much property as Antonius left him after the division of his estate. And although all these proceedings can not be ratified, if you annul his laws, still I think that they ought all to be separately taken note of, article by article ; and that we ought formally to decide that the appointment of septemvirs was null and void; and that nothing is ratified which is said to have been done by them. VIII. But who is there who can consider Marcus Anto- nius a citizen, rather than a most foul and barbarous enemy, who, while sitting in front of the temple of Castor, in the hearing of the Roman people, said that no one should survive except those who were victorious? Do you suppose, O con- script fathers, that he spoke with more violence than he would net'? And what are we to think of his having ventured to 1 The mirmillo was the gladiator who fought with the retiarius ; ho Wore a Gallic helmet with a fish for a crest. THE FIFTH PHILIPPIC. 379 Say that, after he had given up his magistracy, he should still be at the city with his army? that he should enter the city as often as he pleased? What else was this but threatening the Eoman people with slavery ?^ And what was the object of his journey to Brundusium? and of that great haste? What was his hope, except to lead that vast army to the city, or rather into the city? What a proceeding was that selec- tion of the centurions! What unbridled fury of an intem- perate mind ! For when those gallant legions had raised an outcry against his promises, he ordered those centurions to come to him to his house, whom he perceived to be loyally attached to the republic, and then he had them all murdered before his own eyes and those of his wife, whom this noble commander had taken with him to the army. What dis- position do you suppose that this man will display toward us whom he hates, when he was so cruel to those men whom he had never seen? And how covetous will he be with re- spect to the money of rich men, when he thirsted for even the blood of poor men ? whose property, such as it was, he imme- diately divided among his satellites and boon companions. And he in a fury was now moving his hostile standards against his country from Brundusium, when Caius Caesar, by the kind inspiration of the immortal gods, by the greatness of his own heavenly courage, and wisdom, and genius, of his own accord, indeed, and prompted by his own admirable vir- tue, but still with the approbation of my authority, went down to the colonies which had been founded by his father ; con- voked the veteran soldiery ; in a few days raised an army ; and checked the furious advance of this bandit. But after the Martial legion saw this admirable leader, it had no other thoughts but those of securing our liberty. And the fourth legion followed its example. IX. And Antonius, on hearing of this news, after he had summoned the senate, and provided a man of consular rank to declare his opinion that Caius Caesar was an enemy of his country, immediately fainted away. ^ And afterward, without either performing the usual sacrifices, or offering the custom- ary vows, he, I will not say went forth, but took to flight in his robe as a general. But which way did he flee ? To the province of our most resolute and bravest citizens ; men who could never have endured him if he had not come bring- ing war in his train, an intemperate, passionate, insolert, 380 CICERO'S ORATIONS. proud man, always making demands, always plundering, al- ways drunk. But he, whose worthlessness even when quiet was more than any one could endure, has declared war upon the province of Gaul ; he is besieging Mutina, a valiant and splendid colony of the Roman people ; he is blockading Dec- imus Brutus, the general, the consul elect, a citizen born not for himself, but for us and the republic Was then Han- nibal an enemy, and is Antonius a citizen? What did the one do like an enemy, that the other has not done, or is not doing, or planning, and thinking of 1 ? AVhat was there in the whole of the journey of the Antonii ; except depopulation, devastation, slaughter, and rapine? Actions which Hannibal never did, because he was reserving many things for his own use, these men do, as men who live merely for the present hour ; they never have given a thought not only to the for- tunes and welfare of the citizens, but not even to their own advantage. Are we then, O ye good gods, to resolve to send embassa- dors to this man? Are those men who propose this acquaint- ed with the constitution of the republic, with the laws of war, with the precedents of our ancestors ? Do they give a thought to what the majesty of the Roman people and the severity of the senate requires? Do you resolve to send embassadors? If to beg his mercy, he will despise you ; if to declare your commands, he will not listen to them ; and last of all, how- ever severe the message may be which we give the embassa- 1 dors, the very name of embassadors will extinguish this ar- dor of the Roman people which we see at present, and break the spirit of the municipal towns and of Italy. To say no- thing of these arguments, though they are weighty, at all events that sending of an embassy will cause delay and slow- ness to the war. Although those who propose it should say, as I hear that some intend to say, — "Let the embassadors go, but let war be prepared for all the same." Still the very name of embassadors will damp men's courage, and delay the rapidity of the war. X. The most important events, O conscript fathers, are oft- en determined by, very trivial moving influences in every cir- cumstance that can happen in the republic, and also in war, and especially in civil war, which is usually governed a great deal by men's opinions and by reports. ISo one will ask what is the commission with which we have sent the embassadors; THE FIFTH PHILIPPIC. 381 the mere name of an embassy, and that sent by us of our own accord, will appear an indication of fear. Let him depart from Mutina ; let him cease to attack Brutus ; let him retire from Gaul. He must not be begged in words to do so ; he must be compelled by arms. For we are not sending to Han- nibal to desire him to retire from before Sa^untum ; to whom the senate formerly sent Publius Valerius Flaccus and Quin- tus Basbius Tampilus ; who, if Hannibal did not comply, were ordered to proceed to Carthage. Whither do we order our embassadors to proceed, if Antonius does not comply? Are we sending an embassy to our own citizen, to beg him not to attack a general and a colony of the Roman people? Is it so? Is it becoming to us to beg this by means of embassa- dors? What is the difference, in the name of the immortal gods, whether he attacks this city itself, or whether he attacks an outpost of this city, a colony of the Roman people, estab- lished for the sake of its being a bulwark and protection to us? The siege of Saguntum was the cause of the second Punic war, which Hannibal carried on against our ancestors. It was quite right to send embassadors to him. They were sent to a Carthaginian, they were sent on behalf of those who were the enemies of Hannibal, and our allies. "What is there resembling that case here? We are sending to one of our own citizens to beg him not to blockade a general of the Eo- man army, not to attack our arm} r and our colony, — in short, not to be an enemy of ours. Come ; suppose he obeys, shall we either be inclined, or shall we be able by any possibility, to treat him as one of our citizens ? XL On the nineteenth of December, you overwhelmed him with your decrees ; you ordained that this motion should be submitted to you on the first of January, which you see is submitted now, respecting the honors and rewards to be con- ferred on those who have deserved or do deserve well of the republic. And the chief of those men you have adjudged to be the man who really has done so, Caius Cresar, who had diverted the nefarious attacks of Marcus Antonius against this city, and compelled him to direct them against Gaul; and next to him you consider the veteran soldiers who first fol- lowed Caesar ; then those excellent and heavenly-minded le- gions the Martial and the fourth, to whom you Have promised honors and rewards, for having not only abandoned their con- sul, but for having even declared war against him. And on 382 CICERO'S ORATIONS. the same day, having a decree brought before you and pub*, lished on purpose, you praised the conduct of Decimus Brutus, a most excellent citizen, and sanctioned with your public au- thority this war which he had undertaken of his own head. What else, then, did you do on that day except pronounce Antonius a public enemy? After these decrees of yours, will it be possible for him to look upon you with equanimity, or for you to behold him without the most excessive indignation? He has been excluded and cut off and wholly separated from the republic, not merely by his own wickedness, as it seems to me, but by some especial good fortune of the republic. And if he should comply with the demands of the embassadors and return to Eome, do you suppose that abandoned citizens will ever be in need of a standard around which to rally? But this is not what I am so much afraid of. There are other things which I am more apprehensive of and more alarmed at. He never will comply with the demands of the embassa- dors. I know the man's insanity and arrogance ; I know the desperate counsels of his friends, to which he is wholly given up. Lucius his brother, as being a man who has fought abroad, leads on his household. Even suppose him to be in his senses himself, which he never will be ; still he will not be allowed by these men to act as if he were so. In the mean time, time will be wasted. The preparations for war will cool. How is it that the war has been protracted as long as this, if it be not by procrastination and delay 1 From the very first moment after the departure, or rather after the hopeless flight of that bandit, that the senate could, have met in freedom, I have always been demanding that we should be called together. The first day that we were called together, when the consuls elect were not present, I laid, in my opinion, amidst the greatest unanimity on your part, the foundations of the republic ; later, indeed, than they should have been laid ; for I could not do so before ; but still if no time had been lost after that day, we should have no war at all now. Every evil is easily crushed at its birth ; when it has become of long standing, it usually gets stronger. But then every body was waiting for the first of January ; perhaps not very wisely. XII. However, let us say no more of what is past. Are we still to allow any farther delay while the embassadors are on their road to him? and while they are coming back again I THE FIFTH PHILIPPIC. 383 and the time spent in waiting for them will make men doubt about the war. And while the fact of the war is in doubt, how can men possibly be zealous about the levies for the army ? Wherefore, O conscript fathers, I give my vote that there should be no mention made of embassadors. I think that the business that is to be done must be done without any delay. and instantly. I say that it is necessary that we should de- cree that there is sedition abroad, that we should suspend the regular courts of justice, order all men to wear the garb of war, and enlist men in all quarters, suspending all exemptions from military service in the city and in all Italy, except in Gaul. And if this be done, the general opinion and report of your severity will overwhelm the insanity of that wicked glad- iator. He will feel that he has undertaken a war against the republic ; he will experience the sinews and vigor of a unan- imous senate. For at present he is constantly saying that it is a mere struggle between parties. Between what parties? One party is defeated ; the other is the heart of Caius Caesar's party. Unless, indeed, we believe that the party of Cassar is attacked by Pansa and Hirtius the consuls, and by Caius Cas- par's son. But this war has been kindled, not by a struggle between parties, but by the nefarious hopes of the most aban- doned citizens ; by whom all our estates and properties have been marked down, and already distributed according as every one has thought them desirable. I have read the letter of Antonius which he sent to one of the septemviri, a thorough-paced scoundrel, a colleague of his own. " Look out, and see what you take a fancy to ; what you do fancy you shall certainly have." See to what a man we are sending embassadors ; against what a man we are de- laying to make war ; a man who does not even let us draw lots for our fortunes, but hands us over to each man's caprice in such a way, that he has not left even himself any thing un- touched, or which has not been promised to somebody. With this man, O conscript fathers, we must wage war, — war, I say, and that instantly. We must reject the slow proceedings of embassadors. Therefore, that we may not have a number of decrees to pass every day, I give my vote that the whole republic should be committed to the consuls ; and that they should have a :harge given them to defend the republic, and to take care 38-4 CICERO'S ORATIONS. "that the republic suffer no injury." And I give my yote that those men who are in the army of Antonius be not visited with blame, if they leave him before the first of Feb- ruary. If you adopt these proposals 01 mine, O conscript fathers, you will in a short time recover the liberty of the Eoman people and your own authority. But if you act with more mildness, still you will pass those resolutions, but perhaps you will pass them too late. As to the general welfare of the re- public, on which you, O consuls, have consulted us, I think that I have proposed what is sufficient. XIII. The next question is about honors. And to this point I perceive that I must speak next. But I will preserve the same order in paying respect to brave men, that is usual- ly preserved in asking their opinions. Let us, therefore, according to the usages of our ancestors, begin with Brutus, the consul elect; and, to say nothing of his former conduct, — which has indeed been most admirable, but still such as has been praised by the individual judgments of men, rather than by public authority, — what words can we find adequate to his praise at this very time ? For such great virtue requires no reward except this one of praise and glory ; and even if it were not to receive that, still it would be content with itself, and would rejoice at being laid up in the recollection of grateful citizens, as if it were placed in the full light. The praise then of our deliberate opinion, and of our testimony in his favor, must be given to Brutus. There- fore, O conscript fathers, I give my vote that a resolution of the senate be passed in these words : " As Decimus Brutus, imperator, consul elect, is maintain- ing the province of Gaul in obedience to the senate and peo- ple of Rome ; and as he has enlisted and collected in so short a time a very numerous army, being aided by the admirable zeal of the municipal towns and colonies of the province of Gaul, which has deserved and still does deserve admirably well of the republic ; he has acted rightly and virtuously,' and greatly for the advantage of the republic. And that most excellent service done by Decimus Brutus to the republic, is and always will be grateful to the senate and people of Borne. Therefore, the senate and the Roman people is of opinion that the exertions, and prudence, and virtue of Decimus Brutus, imperator and consul elect, and the incredible zeal and una iRE FIFTH PHILIPPIC. 385 uiniity of the province of Gaul, have been a great assistance to the republic, at a most critical time." What honor, O conscript fathers, can be too great to be due to such a mighty service as this of Brutus, and to such im- portant aid as he has afforded the republic ! For if Gaul had been open to Marcus Antonius — if after having overwhelmed the municipal towns and colonies unprepared to resist him, he had been able to penetrate into that farther Gaul — what great danger would have hung over the republic ! That most in- sane of men, that man so headlong and furious in all his courses, would have been likely, I suppose, to hesitate at wag- ing war against us ? not only with his own army, but with all the savage troops of barbarism ; so that even the wall of the Alps would not have enabled us to check his phrensy. These thanks then will be deservedly paid to Decimus Brutus, who, before any authority of yours had been interposed, acting on his own judgment and responsibility, refused to receive him as consul, but repelled him from Gaul as an enemy, and pre- ferred to be besieged himself rather than to allow this city to be so. Let him therefore have, by your decree, an everlasting testimony to this most important and glorious action ; and let Gaul, 1 which always is and has been a protection to this em- pire and to the general liberty, be deservedly and truly praised for not having surrendered herself and her power to Antonius, but for having opposed him with them. XIV. And, fart herm ore, I give my vote that the most am. pie honors be decreed to Marcus Lepidus, as a reward for his eminent services to the republic. He has at all times wished the Roman people to be free ; and he gave the greatest proof of his inclination and opinion on that day, when, while An. tonius was placing the diadem on Caesar's head, he turned his face away, and by his groans and sorrow showed plainly what -a hatred of slavery he had, how desirous he was for the Ro- man people to be free, and how he had endured those things which he had endured, more because of the necessity of the times, than because they harmonized with his sentiments, And who of us can forget with what great moderation he be- haved during that crisis of the city which ensued after the death of Cassar ? These are great merits ; but I hasten to 1 The English reader must recollect that what is called Gaul in these orations, is Cisalpine Gaul, containing what we now call the North (A Jtalv. coming down as far south as Modena and Ravenna. 336 CICERO'S ORATIONS- speak of greater still. For (O ye immortal gods !) what could happen more to be admired by foreign nations, or more to be desired by the Roman people, than, at a time when there was a most important civil w r ar, the result of which we were all dreading, that it should be extinguished by prudence rather than that arms and violence should be able to put every thing to the hazard of a battle? And if Caesar had been guided by the same principles in that odious and miserable war, we should have — to say nothing of their father — the two sons of Cnaeus Pompeius, that most illustrious and virtuous man, safe among us ; men whose piety and filial affection certainly ought not to have been their ruin. Would that Marcus Lepidus had been able to save them all ! He showed that he would have done so, by his conduct in cases where he had the power ; when he restored Sextus Pompeius to the state, a great ornament to the republic, and a most illustrious monument of his clemen- cy. Sad was that picture, melancholy was the destiny then of the Roman people. For after Pompeius the father was dead, he who was the light of the Roman people, the son too, who was wholly like his father, was also slain. Put all these calamities appear to me to have been effaced by the kindness of the immortal gods, Sextus Pompeius being preserved to the republic. XV. For which cause, reasonable and important as it is, and because Marcus Lepidus, by his humanity and wisdom, has changed a most dangerous and extensive civil war into peace and concord, I give my vote, that a resolution of the senate be drawn up in these words : "Since the affairs of the republic have repeatedly been well and prosperously conducted by Marcus Lepidus, imperator, and Pontifex Maximus, and since the Roman people is fully aware that kingly power is very displeasing to him ; and sinco by his exertions, and virtue, and prudence, and singular clem- ency and humanity, a most bitter civil war has been extinguish- ed; and Sextus Pompeius Magnus, the son of Cnaeus, having submitted to the authority of this order and laid down his arms, and, in accordance with the perfect good-will of the senate and people of Rome, has been restored to the state by Marcus Lepidus, imperator, and Pontifex Maximus ; the senate and people of Rome, in return for the important and numerous services of Marcus Lepidus to the republic, declares that it places great hopes of future tranquillity and peace and con- THE FIFTH PHILIPPIC. 387 cord, in his virtue, authority, and good fortune ; and the senate and people of Rome will ever remember his services to the republic ; and it is decreed by the vote of this order, That a gilt equestrian statue be erected to him in the Rostra, or in whatever other place in the forum he pleases." And this honor, O conscript fathers, appears to me a very great one, in the first place, because it is just ; — for it is not merely given on account of our hopes of the future, but it is paid, as it were, in requital of his ample services already done. Nor are we able to mention any instance of this honor having been conferred on any one by the senate by their own free and voluntary judgment before. XVI. I come now to Caius Caesar, O conscript fathers ; if he had not existed, which of us could have been alive now ? That most intemperate of men, Antonius, was flying from Brundusium to the city, burning with hatred, with a disposi- tion hostile to all good men, with an army. What w r as there to oppose to his audacity and wickedness? We had not as yet any generals, or any forces. There was no public council, no liberty ; our necks were at the mercy of his nefarious cru- elty ; we were all preparing to have recourse to flight, though flight itself had no escape for us. Who was it — what god was it, who at that time gave to the Roman people this godlike young man, who, while every means for completing our de- struction seemed open to that most pernicious citizen, rising up on a sudden, beyond every one's hope, completed an army fit to oppose to the fury of Marcus Antonius before any one suspected that he was thinking of any such step % Great hon- ors were paid to Cnaeus Pompeius when he was a young man, and deservedly ; for he came to the assistance of the republic ; but he was of a more vigorous age, and more calculated to meet the eager requirements of soldiers seeking a general. He had also been already trained in other kinds of war. For the cause of Sylla was not agreeable to all men. The multitude of the proscribed, and the enormous calamities that fell on so many municipal towns, show this plainly. But Caesar, though many years younger, armed veterans who were now eager to rest ; he has embraced that cause which was mo^t agreeable to the senate, to the people, to all Italy > — in short, to gods and men. And Pompeius came as a reinforcement to the extensive com' „ mand and victorious army of Lucius Sylla ; Caesar had no one to join himself to. He, of his own accord, was the au- 388 CICERO'S ORATIONS. thor and executor of his plan of levying an army, and array- ing a defense for us. Pompeius found the whole Picene dis- trict hostile to the party of his adversaries; but Caesar has levied an army against Antonius from men who were An- tonius's own friends, but still greater friends to liberty. It was owing to the influence of Pompeius that Sylla was en- abled to act like a king. It is by the protection afforded us by Csesar that the tyranny of Antonius has been put down. Let us then confer on Caesar a regular military command, without which the military affairs can not be directed, the army can not be held together, war can not be waged. Let him be made propraetor with all the privileges which have ever been attached to that appointment. That honor, al- though it is a great one for a man of his age, still is not mere- ly of influence as giving dignity, but it confers powers calcu- lated to meet the present emergency. Therefore, let us seek for honors for him which we shall not easily find at the pres- ent day. XVII. But I hope that we and the Roman people shall often have an opportunity ofy complimenting and honoring this young man. But at the present moment I give my vote that we should pass a decree in this form : " As Caius Caesar, the son of Caius, pontiff and propraetor, lias at a most critical period of the republic exhorted the vet- eran soldiers to defend the liberty of the Roman people, and has enlisted them in his army ; and as the Martial legion and the fourth legion, with great zeal for the republic, and with admirable unanimity, under the guidance and authority of Caius Csesar, have defended and are defending the republic and the liberty of the Roman people ; and as Caius Caesar, propraetor, has gone with his army as a reinforcement to the province of Gaul ; has made cavalry, and archers, and ele- phants, obedient to himself and to the Roman people, and has, at a most critical time for the republic, come to the aid of the safety and dignity of the Roman people ; on these ac- counts, it seems good to the senate that Cains Caesar, the son of Caius, pontiff and propraetor, shall be a senator, and shall deliver his opinions from the bench occupied by men of prae- torian rank; and that, on occasion of his offering himself for any magistracy, he shall be considered of the same legal stand- ■ and qualification as if he had been quaestor the preceding v. ar." THE FIFTH PHILIPPIC. 5589 For what reason can there be, O conscript fathers, why we should not wish him to arrive at the highest honors at as early an age as possible 1 For when, by the laws fixing the age at which men might be appointed to the different magis- tracies, our ancestors fixed a more mature age for the consul- ship, they were influenced by fears of the precipitation of youth ; Caius Caesar, at his first entrance into life, has shown us that, in the case of his eminent and unparalleled virtue, we have no need to wait for the progress of age. Therefore our ancestors, those old men, in the most ancient times, had no laws regulating the age for the different offices; it was ambition which caused them to be passed many years after- wards, in order that there might be among men of the same age different steps for arriving at honors. And it has often happened that a disposition of great natural virtue has been lost before it had any opportunity of benefiting the republic. V But among the ancients, the Rulli, the Decii, the Corvini, and many others, and in more modern times the elder Afri- canus and Titus Flaminius were made consuls very young, and performed such exploits as greatly to extend the empire of the Roman people, and to embellish its name. What more % Did not the Macedonian Alexander, having begun to perform mighty deeds from his earliest youth, die when he was only in his thirty-third year 1 And that age is ten years less than that fixed by our laws for a man to be eligible for the consul- ship. From which it may be plainly seen that the progress of virtue is often swifter than that of age. XVILL For as to the fear which those men, who are enemies of Caesar, pretend to entertain, there is not the slightest reason to apprehend that he will be unable to re- strain and govern himself, or that he will be so elated by the honors which he receives from us as to use his power with- out moderation. It is only natural, O conscript fathers, that the man who has learned to appreciate real glory, and who feels that he is considered by the senate and by the Roman knights and the whole Roman people a citizen who is dear to, and a blessing to the republic, should think nothing what- ever deserving of being compared to this glory. Would that it had happened to Caius Caesar — the father, I mean — when he was a young man, to be beloved by the senate and by every virtuous citizen ; but, having neglected to aim at that, he wasted all the power of genius which he had in a most 390 CICERO'S ORATIONS. brilliant degree, in a capricious pursuit of popular favor. Therefore, as he had not sufficient respect for the senate and • the virtuous part of the citizens, he opened for himself that path for the extension of his power, which the virtue of a free people was unable to bear. But the principles of his son are widely different ; who is not only beloved by every one, but in the greatest degree by the most virtuous men. In him is placed all our hope of liberty ; from him already has our safety been received ; for him the highest honors are sought out and prepared. While therefore we are admiring his singular prudence, can we at the same time fear his folly ? For what can be more foolish than to prefer useless power, such influence as brings envy in its train, and a rash and slippery ambition of reigning, to real, dignified, solid glory? Has he seen this truth as a boy, and when he has advanced in age will he cease to see it ? " But he is an enemy to some most illustrious and excellent citizens." That circumstance ought not to cause any fear. Caesar has sacrificed all those enmities to the republic ; he had made the republic his judge; he has made her the di- rectress of all his counsels and actions. For he is come to the service of the republic in order to strengthen her, not to overturn her. I am well acquainted with all the feelings of the young man : there is nothing dearer to him than the re- public, nothing which he considers of more weight than your authority ; nothing which he desires more than the approba- tion of virtuous men ; nothing which he accounts sweeter than genuine glory. Wherefore you not only ought not to fear any thing from him, but you ought to expect greater and better things still. Nor ought you to apprehend with respect to a man who has already gone forward to release Decimus Brutus from a siege, that the recollection of his domestic injury Mill dwell in his bosom, and have more weight with him than the safety of the city. I will venture even to pledge my own faith, O con- script fathers, to you, and to the Roman people, and to the re- public, which in truth, if no necessity compelled me to do so, 1 would not venture to do, and in doing which on slight grounds, I should be afaid of giving rise to a dangerous opin- ion of my rashness in a most important business ; but I do promise, and pledge myself, and undertake, O conscript fa- thers, that Caius Caasar will always be such a citizen as he ip THE FIFTH PHILIPPIC 391 tTii* lay, and as we ought above all things to wish and desire that he may turn out, XIX. And as this is the case, I shall consider that I have said enough at present about Caesar. Nor do I think that we ought to pass over Lucius Egnatu- leius, a most gallant and wise and firm citizen, and one thor- oughly attached to the republic, in silence; but that we ought to give him our testimony to his admirable virtue, because it was he who led the fourth legion to Caesar, to be a protection to the consuls, and senate, and people of Rome, and the re- public. And for these acts I give my vote : "That it be made lawful for Lucius Egnatuleius to stand for, and be elected to, and discharge the duties of any magis- tracy, three years before the legitimate time." And by this motion, O conscript fathers, Lucius Egnatu- leius does not get so much actual advantage as honor. For in a case like this it is quite sufficient to be honorably men- tioned. But concerning the army of Caius Caesar, I give my vote for the passing of a decree in this form : "The senate decrees that the veteran soldiers~\ho have defended and are defending * * * * of Caesar, pontiff ■ and the authority of this order, should, and their children after them, have an exemption from military service. And that Caius Pansa and Aulus Hirtius the consuls, one or both of them, as they think fit, shall inquire what land there is in those colonies in which the veteran soldiers have been settled, which is occupied in defiance of the provisions of the Julian law, in order that that may be divided among these veterans. That they shall institute a separate inquiry about the Campa- nian district, and devise a plan for increasing the advantages enjoyed by these veteran soldiers ; and with respect to the Martial legion, and to the fourth legion, and to those soldiers of the second and thirtv-fifth legion's who have come over to Caius Pansa and Aulus Hirtius the consuls, and have given in their names, because the authority of the senate and the lib- erty of the Roman people is and .always has been most dear to them, the senate decrees that they and their children shall have exemption from military service, except in the case of any Gallic and Italian sedition ; and decrees farther, that those legions shall have their discharge when this war is termin' «,nd that whatever sum of money Caius Caesar, pontifiV 392 CICERO'S ORATIONS. prastor, has promised to the soldiers of those legions individ* ually, shall be paid to them. And that Caius Pansa and Au- lus Hirtius the consuls, one or both of them, as it seems good to them, shall make an estimate of the land which can be dis- tributed without injury to private individuals; and that land shall be given and assigned to the soldiers of the Martial le- gion and of the fourth legion, in the largest shares in which land has ever been given and assigned to soldiers." I have now spoken, O consuls, on every point concerning which you have submitted a motion to us ; and if the reso- lutions which I have proposed be decreed without delay, and seasonably, you will the more easily prepare those measures which the present time and emergency demand. But instant action is necessary. And if we had adopted that earlier, we should, as I have often said, now have no war at all. THE SIXTH ORATION OF M. T. CICERO AGAINST MARCUS ANTONIUS. CALLED ALSO THE SIXTH PHILIPPIC. ADDRESSED TO THE PEOPLE. THE ARGUMENT. In respect of the honors proposed by Cicero in the last speech the sen- ate agreed with him, voting to Octavius honors beyond any that Cicero had proposed. But they were much divided about the question of sending an embassy to Antonius ; and the consuls, seeing that a ma- jority agreed with Cicero, adjourned the debate till the next day. The discussion lasted three days, and the senate would at last have adopt- ed all Cicero's measures, if one of the tribunes, Salvius, had not put his veto on them. So that at last the embassy was ordered to be sent, and Servius Sulpicius, Lucius Piso, and Lucius Philippus, appointed as the embassadors ; but they were charged merely to order Antonius to abandon the sie^e of Mutina, and to desist from hostilities against the province of Gaul ; and farther, to proceed to Decinius Brutus in Mutina, and to give him and his army the thanks of the senate and people. The length of the debates roused the curiosity of the people, who, being assembled in the forum to learn the result, called on Cicero to come forth and give them an account of what had been done ; on which he went to the rostra, accompanied by Publius Appuleius the tribune, «uid related to them all that had passed in the following speech THE SIXTH PHILIPPIC. 393 I. I imagine that you have heard, O Romans, what has been done in the senate, and what has been the opinion delivered by each individual. For the matter which has been in dis- cussion ever ^ince the first of January, has been just brought to a conclusion ; with less severity indeed than it ought to have been, but still in a manner not altogether unbecoming. The war has been subjected to a delay, but the cause has not been removed. "Wherefore, as to the question which Publius Appuleius — a man united to me by many kind offices and by the closest intimacy, and firmly attached to your interests — has asked me, I will answer in such a manner that you may be acquainted with the transactions at which you were not present. The cause which prompted our most fearless and excellent consuls to submit a motion on the first of January, concern- ing the general state of the republic, arose from the decree which the senate passed by my advice on the nineteenth of December. On that day, O Romans, were the foundations of the republic first laid. For then, after a long interval, the senate was free in such a manner that you too might become free. On which day, indeed, — even if it had been to bring to me the end of my life, — I received a sufficient reward for my exertions, when you all with one heart and one voice cried out together, that the republic had been a second time saved by me. Stimulated by so important and so splendid a decis- ion of yours in my favor, I came into the senate on the first of January, with the feeling that I was bound to show my rec- ollection of the character which you had imposed upon me, and which I had to sustain. Therefore, when I saw that a nefarious war was waged against the republic, I thought that no delay ought to be in- terposed to our pursuit of Marcus Antonius ; and I gave my Vote that we ought to pursue with war that most audacious man, who, having committed many atrocious crimes before, was at this moment attacking a general of the Roman people, and besieging your most faithful and gallant colony ; and that a state of civil war ought to be proclaimed ; and I said far- ther, that my opinion was that a suspension of the ordinary forms of justice should be declared, and that the garb of war should be assumed by the citizens, in order that all men might apply themselves with more activity and en^rgv to avenging the injuries of the republic, if they saw th^ a!> the emblems R2 394 CICERO'S ORATIONS. of a regular war had been adopted by the senate. Therefore, this opinion of mine, O Romans, prevailed so much for three days, that although no division was come to, still all, except a very few, appeared inclined to agree with me. But to-day — I know not owing to what circumstance — the senate was more indulgent. For the majority decided on our making ex- periment, by means of embassadors, how much influence the authority of the senate and your unanimity will have upon Antonius. II. I am well aware, O Romans, that this decision is disap- proved of by you ; and reasonably too. For to whom are we sending embassadors ? Is it not to him who, after having dis- sipated and squandered the public money, and imposed laws on the Roman people by violence and in violation of the au- spices, — after having put the assembly of the people to flight and besieged the senate, sent for the legions from Brundusium to oppress the republic? who, when deserted by them, has in- vaded Gaul with a troop of banditti? who is attacking Bru- tus? who is besieging Mutina? How can you offer conditions to, or expect equity from, or send an embassy to, or, in short, have any thing in common with, this gladiator? although, O Romans, it is not an embassy, but a denunciation of war if he does not obey. For the decree has been drawn up as if embassadors were being sent to Hannibal. For men are sent to order him not to attack the consul elect, not to besiege Mu- tina, not to \a.y waste the province, not to enlist troops, but to submit himself to the power of the senate and people of Rome. No doubt he is a likely man to obey this injunction, and to submit to the power of the conscript fathers and to yours, who has never even had any mastery over himself. For what has he ever done that showed any discretion, being always led away wherever his lust, or his levity, or his phrensy, or his drunkenness has hurried him? He has always been under the dominion of two very dissimilar classes of men, pimps and robbers ; he is so fond of domestic adulteries and forensic murders, that he would rather obey a most covetous woman than the senate and people of Rome. III. Therefore, I will do now before you what I have just done in the senate. I call you to witness, I give notice. I pre- dict beforehand, that Marcus Antonius will do nothing what- ever of those things which the embassadors arc commissioned to command him to do ; but that he wi'l lay waste thi> lands THE SIXTH PHILIPPIC. 395 and besiege Mutina, and enlist soldiers, wherever he can. For he is a man who has at all times despised the judgment and authority of the senate, and your inclinations and power. "Will he do what it has been just now decreed that he shall do, — - lead his army back across the Rubicon, which is the frontier of Gaul, and yet at the same time not come nearer Koine than two hundred miles I Will he obey this notice? will he al- low himself to be confined by the river Rubicon, and by the limit of two hundred miles'? Antonius is not that sort of man. For if he had been, he would never have allowed mat- ters to come to such a pass, as for the senate to give him no- tice, as it did to Hannibal at the beginning; of the Punic war not to attack Saguntum. But what ignominy it is to be called away from Mutina, and at the same time to be for- bidden to approach the city as if he were some fatal confla- gration ! what an opinion is this for the senate to have of a man ! What 1 As to the commission which is given to the embassadors to visit Decimus Brutus and his soldiers, and to inform them that their excellent zeal in behalf of, and ser- vices done to the republic, are acceptable to the senate and people of Rome, and that that conduct shall tend to their great glory and to their great honor ; do you think that An- tonius will permit the embassadors to enter Mutina? and to depart from thence in safety ? He never will allow it, believe me. I know the violence of the man, I know his impudence, I know his audacity. Nor, indeed, ought we to think of him as of a human being, but as of a most ill-omened beast. And as this is the case, the decree which the senate has passed is not wholly improp- er. The embassy has some severity in it ; I only wish it had no delay. For as in the conduct of almost every affair slow- ness and procrastination are hateful, so above all things does this war require promptness of action. We must assist I)eci- mus Brutus ; we must collect all our forces from all quarters ; we can not lose a single hour in effecting; the deliverance of such a citizen without wickedness. Was it not in his power, if he had considered Antonius a consul, and Gaul the province of Antonius, to have given over the legions and the province to Antonius? and to return home himself? and to celebrate a triumph? and to be the first man in this body to deliver his opinion, until he -entered on his magistracy? What was the difficulty of doing that? But as he remembered that he wa* °\ 390 CICERO'S ORATIONS. Brutus, and that he was born for your freedom, not for his own tranquillity, what else did he do but — as I may almost say — put his own body in the way to prevent Antonius from entering Gaul ? Ought we then to send embassadors to this man, or legions? However, we will say nothing of what is past. Let the embassadors hasten, as I see that they are about to do. Do you prepare your robes of war. For it lias been decreed, that, if he does not obey the authority of the senate, we are aU to betake ourselves to our military dress. And we shall have to do so. He will never obey. And we shall la- ment that we have lost so many days, when we might have been doing something. IV. I have no fear, O Romans, that when Antonius hears that I have asserted, both in the senate and in the assembly of the people, that he never will submit himself to the power of the senate, he will, for the sake of disproving my words, and making me to appear to have had no foresight, alter his behavior and obey the senate. He will never do so. He will not grudge me this part of my reputation ; he will prefer letting me be thought wise by you to being thought modest himself. Need I say more ? Even if he were willing to do so himself, do you think that his brother Lucius would per- mit him % It has been reported that lately at_Tibur, when Marcus Antonius appeared to him to be wavering, lie, i^ueius, threatened his brother with death. And do we suppose that the orders of the senate, and the words of the embassadors, will be listened to by this Asiatic gladiator? It will be im- possible for him to be separated from a brother, especially from one of so much authority. For he is another Africanus among them. He is considered of more influence than Lucius Tre- bellius, of more than Titus Plancus * * * a noble young man. As for Plancus, who, having been condemned by the unan- imous vote of every one, amid the overpowering applause of you yourselves, somehow or other got mixed up in this crowd, and returned with a countenance so sorrowful, that he appear* ed to have been dragged back rather than to have returned, he despises him to such degree, as if lie were interdicted from fire and water. At times he says that that man who set the senate-house on fire has no right to a place in the senate-house. For at this moment he is exceedingly in love with Trcbellius. He hated him some time ago, when he. was opposing an abo- lition of debts ; but now he delights in him, ever since hi- has THE SIXTH PHILIPPIC. 397 seen that Trebcllius himself can not continue in safety with- out an abolition of debts. For I think that you have heard, O Romans, what indeed you may possibly have seen, that the sureties and creditors of Lucius Trebcllius meet every day. Oh confidence ! for I imagine that Trebellius has taken this surname; what can be greater confidence than defrauding one's creditors? than flying from one's house 1 ? than, because of one's debts, being forced to go to war? What has become of the applauses which lie received on the occasion of Cesar's triumph, and often at the games? Where is the aedileship that was conferred on him by the zealous efforts of all good men? who is there who does not now think that he acted virtuously by accident? * J * * * * * * V. However, I return to your love and especial delight, Lu- cius Antonius, who has admitted you all to swear allegiance to him. Do you deny it ? is there any one of you who does not belong to a tribe? Certainly not. But thirty-five tribes have adopted him for their patron. Do you again cry out against my statement? Look at that gilt statue of him on the left: what is the inscription upon it? "The thirty-five tribes to their patron." Is then Lucius Antonius the patron of the Roman people ? Plague take him ! For I fully assent to your outcry. I won't speak of this bandit whom no one would choose to have for a client ; but was there ever a man possessed of such influence, or illustrious for mighty deeds, as to dare to call himself the patron of the whole Roman people, the conqueror and master of all nations ? We see in the fo- rum a statue of Lucius Antonius ; just as we see one of Quin- tus Tremulus, who conquered the Hernici, before the temple of Castor. Oh the incredible impudence of the man 1 Has he assumed all this credit to himself, because as a mirmillo at Mylasa he slew the Thracian, his friend ? How should we be able to endure him, if he had fought in this forum before the eyes of you all? But, however, this is but one statue. He has another erected by the Roman knights who received horses from the state j 1 and they too inscribe on that, " To their pa- 1 After the year b.c. 403, there were two classes of Roman knights ; one of which received a horse from the state, and were included in the eighteen centuries of service ; the other class, first mentioned by Livy (v 7) in the account of the siege of Veii, served with their own horses, and instead of having a horee found them, received a certain pay (three 398 CICERO'S ©RATIONS. tron." Who was ever before adopted by that order as its pa- tron? If it ever adopted any one as such, it ought to have adopted me. What censor was ever so honored? what im- perator? "But he distributed land among them." Shame on their sordid natures for accepting it ! shame on his dishon- esty for giving it ! Moreover, the military tribunes who were in the army- of Caesar have erected him a statue. * * * What order is that ? There have been plenty of tribunes in our numerous legions in so many years. Among them he has distributed the lands of Semurium. The Campus Martius was all that was left, if he had not first fled with his brother. But this allotment of lands was put an end to a little while ago, O Romans, by the dec- laration of his opinion by Lucius Caesar, a most illustrious man and a most admirable senator. For we all agreed with him and annulled the acts of the septeisiTirs. So all the kind, ness of Nucula 1 goes for nothing ; and the patron Antonius is at a discount. For those who had taken possession will de- part with more equanimity. They had not been at any ex- pense ; they had not yet furnished or stocked their domains, partly because they did not feel sure of their title, and partly because they had no money. But as for that splendid statue, concerning which, if the times were better, I could not speak without laughing, "To Lucius Antonius, patron of the middle of Janus." 2 Is it so? Is the middle of Janus a client of Lucius Antonius 1 ? Who ever was found in that Janus who would have lent Lucius Antonius a thousand sesterces? VI. However, we have been spending too much time in trifles. Let us return to our subject and to the war. Al- tirnes that of the infantry), and were not included in the eighteen cen- turies of service. The original knights, to distinguish them from these latter, are often called equitcs cquo publico, sometimes also jiexumines or trossuli. Vide Smith, Diet. Ant. p. 394-396, v. Equites. 1 He had been one of the septemvirs appointed to preside over the dis- tribution of the lands. 3 Janus was the name of a street near the temple of Janus, especially frequented by bankers and usurers. It was divided into summits, meatus, and imus. Horace says : Haec Janus summus ab imo Etlocet * * * Postquam omnis res mea Janum Ad medium fracta est. THE SIXTH PHILIPPIC. 399 though it was not wholly foreign to the subject for some char- acters to be thoroughly appreciated by yOu, in order that you might in silence think over who they were against whom you were to wage war. But I exhort you, O Romans, though perhaps other meas . * l ures might have been wiser, still now to wait with calmness for the return of the embassadors. Promptness of action has been taken from our side ; but still some good has accrued to it. For when the embassadors have reported what -they cer- tainly will report, that Antonius will not submit to you nor to the senate, who then will be so worthless a citizen as to think him deserving of being accounted a citizen 1 ? For at present there are men, few indeed, but still more than there ought to be, or than the republic deserves that there should be,"who speak in this way, — " Shall Ave not even wait for the return of the embassadors'?" Certainly the republic itself will force them to abandon that expression and that pretense of clemency. On which account, to confess the truth to you, Romans, I have less striven to-day, and labored all the less to-day, to induce the senate to agree with me in decreeing the existence of a seditious war, and ordering the apparel of war to be assumed. I preferred having my sentiments applauded by every one in twenty days' time, to having it blamed to-day by a few. Wherefore, O Romans, wait now for the return of the embassadors, and devour your annoyance for a few days. And when they do return, if they bring back peace, believe 7 7 me that 1 have been desirous that they should ; if they bring back war, then allow me the praise of foresight. Ought I not to be provident for the welfare of my fellow-citizens ? Ought 1 not day and night to think of your freedom and of the safety of the republic 1 For what do I not owe to you, O Romans, since you have preferred for all the honors of the state a man who is his own father to the most nobly born men in the re- public ? Am I ungrateful ? Who is less so 1 I, who, after I had obtained those honors, have constantly labored in the forum with the same exertions as I used while striving for them. Am I inexperienced in state affairs'? Who has had more practice than I, who have now for twenty years been waging war against impious citizens ! VII. Wherefore, O Romans, with all the prudence of which I am master, and with almost more exertion than I am ca- pable of, will I put forth my vigilance and watchfulness in 400 CICERO'S ORATIONS. your behalf. In truth, what citizen is there, especially in this rank in which you have placed me, so forgetful of your kindness, so unmindful of his country, so hostile to his own dignity, as not to be roused and stimulated by your wonderful unanimity ! I, as consul, have held many assemblies of the people ; I have been present at many others ; I have never once seen one so numerous as this one of yours now is. You have all one feeling, you have all one desire, that of averting the attempts of Marcus Antonius from the republic, of extin- guishing his phrensy and crushing his audacity. All orders have the same wish. The municipal towns, the colonies, and all Italy are laboring for the same end. Therefore you have made the senate, which was already pretty firm of its own accord, firmer still by your authority. The time has come, O Romans, later altogether than for the honor of the Roman people it should have been, but still so that the things are now so ripe that they do not admit of a moment's delay. There has been a sort of fatality, if I may say so, which we have borne as it was necessary to bear it. But hereafter if any disaster happens to us it will be of our own seeking. It is impossible for the Roman people to be slaves ; that people whom the immortal gods have ordained should rule over all nations. Matters are now come to a crisis. We are fighting for our freedom. Either you must conquer, O Romans, which indeed you will do if you continue to act with such piety and such unanimity, or you must do any thing rather than become slaves. Other nations can endure slavery. Lib- erty is the inalienable possession of the Roman people THE SEVENTH PHILIPPIC. 401 THE SEVENTH ORATION OF M. T. CICERO AGAINST MAP CUS ANTONIUS. CALLED ALSO THE SEVENTH PHILIPPIC. THE ARGUMENT. After the senate had decided on sending them, the embassadors immedi- ately set out, though Servius Sulpicius was in a very bad state of health. In the mean time the partisans of Antonius in the city, with Calenus at their head, were endeavoring to gain over the rest of the citizens, by representing him as eager for an accommodation ; and they kept up a correspondence with him, and published such of his letters as they thought favorable for their views. Matters being in this state, Cicero, at an ordinary meeting of the senate, made the following speech to counteract the machinations of this party, and to warn the citizens generally of the danger of being deluded by them. I. We are consulted to-day about matters of small import- ance, but still perhaps necessary, O conscript fathers. The consul submits a motion to us about the Appian road, and about the coinage ; the tribune of the people one about the Luperci. And although it seems easy to settle such matters as those, still my mind can not fix itself on such subjects, beino- anxious about more important matters. For our af- fairs, O conscript fathers, are come to a crisis, and are in a state of almost extreme danger. It is not without reason that I have always feared, and never approved of that send- ing of embassadors. And what their return is to bring us I know not; but who is there who does not see with how much languor the expectation of it infects our minds? For those men put no restraint on themselves who grieve that the senate has revived so as to entertain hopes of its former authority, and that the Roman people is united to this our order; that all Italy is animated by one common feeling; that armies are prepared, and generals ready for the armies ; even already they are inventing replies for Antonius, and defending them. Some pretend that his demand is that all the armies be disbanded. I suppose then we sent embas- sadors to him, not that he should submit and obey this our body, but that he should offer us conditions, impose laws upon us, order us to open Italy to foreign nations; espe- 402 CICERO'S ORATIONS. cially while we were to leave him in safety from whom there is more danger to be feared than from any nation whatever. Others say that he is willing to give up the nearer Gaul to us, and that he will be satisfied with the farther Gaul. Very kind of him ! in order that from thence he may endeavor to bring not merely legions, but even nations against this city. Others say that he makes no demands now but such as are quite moderate. Macedonia he calls absolutely I is own, since it was from thence that his brother Caius was n - called. But what province is there in which that fire-brand may not kindle a conflagration ? Therefore those same men, like provident citizens and diligent senators, say that I have sounded the charge, and they undertake the advocacy of peace. Is not this the way in which they argue? "Anto- nius ought not to have been irritated ; he is a reckless and a bold man ; there are many bad men besides him." (No doubt, and they may begin and count themselves first.) And they warn us to be on our guard against them. Which conduct then is it which shows the more prudent caution ; chastising wicked citizens when one is able to do so, or fear- ing them? II. And these men speak in this way, who on account of their trifling disposition used to be considered friends of the people. From which it may be understood that they in their hearts have at all times been disinclined to a good con- stitution of the state, and they were not friends of the people from inclination. For how comes it to pass that those men who were anxious to gratify the people in evil things, now, on an occasion which above all others concerns the people's interests, because the same thing would be also salutary for the republic, now prefer being wicked to being friends of the people ? This noble cause of which I am the advocate has made me popular, a man who (as you know) have always opposed the rashness of the people. And those men are called, or rather they call themselves, consulars ; though no man is worthy of that name except those who can support so high an honor. Will you favor an enemy ! Will you }let him send you letters about his hopes of success ? Will you be glad to produce them? to read them? Will you even give them to wicked citizens to take copies ot "1 Will you thus raise their courage? Will you thus dam]) the hopes and valor of the good? And then will you think yourself THE SEVENTH PHILIPPIC. 403 a consular, or a senator, or even a citizen ? Caius Pansa, a most fearless and virtuous consul, will take what I say in good part. For I will speak with a disposition most friend- ly to him ; but I should not consider him himself a consul, though a man with whom I am most intimate, unless he Mas such a consul as to devote all his vigilance, and cares, and thoughts to the safety of the republic. Although long acquaintance, and habit, and a fellowship and resemblance in the most honorable pursuits, has bound us together from his first entrance into life ; and his incredi- ble diligence, proved at the time of the most formidable dan- gers of the civil war, showed that he was a favorer not only of my safety, but also of my dignity ; still, as I said before, if he were not such a consul as I have described, I should ven- ture to deny that he was a consul at all. But now I call him not only a consul, but the most excellent and virtuous consul within my recollection ; not but that there have been others of equal virtue and equal inclination, but still they have not had an equal opportunity of displaying that virtue and incli- nation. But the opportunity of a time of most formidable change has been afforded to his magnanimity, and dignity, and wisdom. And that is the time when the consulship is dis- played to the greatest advantage, when it governs the repub- lic during a time which, if not desirable, is at all events crit- ical and momentous. And a more critical time than the pres- ent, O conscript fathers, never was. III. Therefore I, who have been at all times an adviser of peace, and who, though all good men always considered peace, and especially internal peace, desirable, have desired it more than all of them ; — for the whole of the career of my industry has been passed in the forum and in the senate-house, and in warding off dangers from my friends ; it is by this course that I have arrived at the highest honors, at moderate wealth, and at any dignity which we may be thought to have : I therefore, a nursling of peace, as I may call myself, I who, whatever I am (for I arrogate nothing to myself), should undoubtedly not have been such without internal peace : I am speaking in peril : I shudder to think how you will receive it, O conscript fathers; but still, out of regard for my unceasing desire to support and increase your dignity, I beg and entreat you, O conscript fa- thers, although it may be a bitter thing to hear, or an incred- ible thing that it should be said by Marcus Cicero, still to re- 404 CICERO'S ORATIONS. ceive at first, without offense, what I am going to say, and not to reject it before I have fully explained what it is ; — I, who, I will say so over and over again, have always been a pane- gyrist, have always been an adviser of peace, do not wish to have peace with Marcus Antonius. I approach the rest of my speech with great hope, O conscript fathers, since I have now passed by that perilous point amid your silence. Why then do I not wish for peace? Because it would be shameful ; because it would be dangerous ; because it can not possibly be real. And while I explain these three points to you, I beg of you, O conscript fathers, to listen to my words with the same kindness which you usually show to me. What is more shameful than inconsistency, fickleness, and levity, both to individuals, and also to the entire senate? Moreover, what can be more inconsistent than on a sudden to be willing to be united in peace with a man whom you have lately adjudged to be an enemy, not by words, but by actions and by many formal decrees ? Unless, indeed, when you were decreeing honors to Caius Caesar, well deserved indeed by and fairly due to him, but still unprecedented and never to be for- gotten, for one single reason, — because he had levied an army against Marcus Antonius, — you were not judging Marcus An- tonius to be an enemy; and unless Antonius was not pro- nounced an enemy by you, when the veteran soldiers were praised by your authority, for having followed Caesar ; and unless you did not declare Antonius an enemy when you prom- ised exemptions and money and lands to those brave legions, because they had deserted him who was consul while he was an enemy. IV. What? when you distinguished with the highest praises Brutus, a man born under some omen, as it were, of his race and name, for the deliverance of the republic, and his army which was waging war against Antonius on behalf of the lib- erty of the Roman people, and the most loyal and admirable province of Gaul, did you not then pronounce Antonius an enemy? What? when you decreed that the consuls, one or both of them, should go to the war, what war was there if Antonius was not an enemy"? Why then was it that most gallant man, my own colleague and intimate friend, Aulus Hirtius the consul, has set out? And in what delicate health he is ; how wasted away ! But the weak state of his body could not repress the vigor of his mind. He thought it fair, THE SEVENTH PHILIPPIC. 405 I suppose, to expose to danger in defense of the Roman peo- ple that life which had been preserved to him by their prayers. What ! when you ordered levies of troops to be made through- out all Italy, when you suspended all exemptions from service, was he not by those steps declared to be an enemy'? You see manufactories of arms in the city ; soldiers, sword in hand, are following the consul ; they are in appearance a guard to the consul, but in fact and reality to us ; all men are giving in their names, not only without any shirking, but with the greatest eagerness ; they are acting in obedience to your au- thority. Has not Antonius been declared an enemy by such acts ? " Oh, but we have sent embassadors to him." Alas, wretch- ed that I am ! why am I compelled to find fault with the sen- ate whom I have always praised f Why 1 Do you think, O conscript fathers, that you have induced the Roman people to approve of the sending embassadors ? Do you not perceive, do you not hear, that the adoption of my opinion is demanded by them 1 that opinion which you, in a full house, agreed to the day before, though the day after you allowed yourselves to be brought down to a groundless hope of peace. Moreover, how shameful it is for the legions to send out embassadors to the senate, and the senate to Antonius ! Although that is not an embassy ; it is a denunciation that destruction is pre- pared for him if he do not submit to this order. AVhat is the difference ? At all events, men's opinions are unfavorable to the measure ; for all men see that embassadors have been sent, but it is not all who are acquainted with the terms of your decree. V. You must, therefore, preserve your consistency, your wisdom, your firmness, your perseverance. You must go back to the old-fashioned severity, if at least the authority of the senate is anxious to establish its credit, its honor, its re- nown, and its dignity, things which this order has been too long deprived of. But there was some time ago some excuse for it, as being oppressed ; a miserable excuse indeed, but still a fair one ; now there is none. We appeared to have been delivered from kingly tyranny ; and afterward we were op- pressed much more severely by domestic enemies. We did in- deed turn their arms aside ; we must now wrest them from their hands. And if we can not do so (I will say what it becomes one who is both a senator and a Roman to say), let 40C CICERO'S ORATIONS. us die. For how just will be the shame, how great will be the disgrace, how great the infamy to the republic, if Marcus Antonius can deliver his opinion in this assembly from the consular bench. For, to say nothing of the countless acts of wickedness committed by him while consul in the city, during which time he has squandered a vast amount of public money, restored exiles without any law, sold our revenues to all sorts of people, removed provinces from the empire of the Roman people, given men kingdoms for bribes, imposed laws on the city by violence, besieged the senate, and, at other times, ex- cluded it from the senate-house by force of arms ; — to say no- thing, I say, of all this, do you not consider this, that he who has attacked Mutina, a most powerful colony of the Roman people — who has besieged a general of the Roman people, who is consul elect — who has laid waste the lands, — do you not consider, I say, how shameful and iniquitous a thing it would be for that man to be received into this order, by which he has been so repeatedly pronounced an enemy for these very reasons ? I have said enough of the shamefulness of such a proceed- ing ; I will now speak next, as I proposed, of the danger of it ; which, although it is not so important to avoid as shame, still offends the minds of the greater part of mankind even more. VI. Will it then be possible for you to rely on the certainty of any peace, when you see Antonius, or rather the Antonii, in the city? Unless, indeed, you despise Lucius: I do not despise even Caius. But, as I think, Lucius will be the domi- nant spirit, — for he is the patron of the iive-and-thirty tribes, whose votes he took away by his law, by which he divided the magistracies in conjunction with Caius Caesar* He is the patron of the centuries of the Roman knights, which also he thought fit to deprive of the suffrages : he is the patron of the men who have been military tribunes ; he is the patron of the middle of Janus. O ye gods ! who will be able to support this man's power 1 ? especially when he has brought all his de- pendents into the lands. Who ever was the patron of all the tribes? and of the Roman knights? and of the military trib. unes? Do you think that the power of even the Gracchi was greater than that of this gladiator will be? whom I have called gladiator, not in the sense in which sometimes Marcus Antonius too is called gladiator, but as nun call him who are speaking plain Latin. He has fought in Asia as a mirmillo. THE SEVENTH PHILIPPIC. 407 After having equipped his own companion and intimate friend in the armor of a Thracian, he slew the miserable man as he was dying; but he himself received a palpable wound, as the scar proves. What will the man who murdered his friend in this way, 1 V^ when he has an opportunity, do to an enemy 1 and if he did such a thing as this for the fun of the thing, what do you think he will do when tempted by the hope of plunder? Will he not again meet wicked men in the decuries? will he not again tamper with those men who have received lands? will he not again seek those who have been banished? will he not, in short, be Marcus Antonius ; to whom, on the occa- sion of every commotion, there will be a rush of all profligate citizens? Even if there be no one else except those who are with him now, and these who in this body now openly speak in his favor, will they be too small in number? especially when all the protection which we might have had from good men is lost, and when those men are prepared to obey his nod ? But I am afraid, if at this time we fail to adopt wise counsels, that that party will in a short time appear too nu- merous for us. Nor have I any dislike to peace ; only I do dread war disguised under the name of peace. Wherefore, if we wish to enjoy peace we must first wage war. If we shrink from war, peace we shall never have. VII. But it becomes your prudence, O conscript fathers, to provide as far forward as possible for posterity. That is the object for which we were placed in this garrison, and a$ it were on this watch-tower ; that by our vigilance and fore-, sight we might keep the Eoman people free from fear. It would be a shameful thing, especially in so clear a case aa this, for it to be notorious that wisdom was wanting to the chief council of the whole world. We have such consuls, there is such eagerness on the part of the Roman people, w<# have such an unanimous feeling of all Italy in our favor, such generals, and such armies, that the republic can not possibly suffer any disaster without the senate being in fault. I, foi my part, will not be wanting. I will warn you, I will fore- warn you, I will give you notice, I will call gods and men to witness what I do really believe. Nor will I display my good faith alone, which perhaps may seem to be enough, but which in a chief citizen is not enough : I will exert all my care, and prudence, and vigilance. 408 CICERO'S ORATIONS. I have spoken about the danger. I will now proceed to prove to you that it is not possible for peace to be firmly ce- mented ; for of the propositions which I promised to establish this is the last. VIII. What peace can there be between Marcus Antonius and (in the first place) the senate? with what face will he be able to look upon you, and with what eyes will you, in turn, look upon him? Which of you does not hate him? which of you does not he hate? Come, are you the only people who hate him, and whom he hates ? What ? what do you think of those men who are besieging Mutina, who are levying troops in Gaul, who are threatening your fortunes? will they ever be friends to you, or you to them ? Will he embrace the Roman knights? For, suppose their inclinations respecting, and their opinions of Antonius were very much concealed, when they stood in crowds on the steps of the temple of Con- cord, when they stimulated you to endeavor to recover your liberty, when they demanded arms, the robe of war, and war, and who, with the Roman people, invited me to meet in the assembly of the people, will these men ever become friends to Antonius? will Antonius ever maintain peace with them? For why should I speak of the whole Roman people? which, in a full and crowded forum, twice, with one heart and one voice, summoned me into the assembly, and plainly showed their excessive eagerness for the recovery of their liberty. So, desirable as it was before to have the Roman people for our comrade, we now have it for our leader. What hope then is there that there ever can be peace be- tween the Roman people and the men who are besieging Mu- tina and attacking a general and army of the Roman people ! Will there be peace with the municipal towns, whose great zeal is shown by the decrees which they pass, by the soldiers whom they furnish, by the sums which they promise, so that in each town there is such a spirit as leaves no one room to wish for a senate of the Roman people ? The men of Firmi- um deserve to be praised by a resolution of our order, who set the first example of promising money ; we ought to return a complimentary answer to the Marrucini, who have passed a vote that all who evade military service are to be branded with infamy. These measures are adopted all over Italy. There is great peace between Antonius and these men, and between thmi and him ! What greater discord can there THE SEVENTH PHILIPPIC. 400 possibly be ? And in discord civil peace can not by any pos- sibility exist. To say nothing of the mob, look at Luciu§ Nasidius, a Roman knight, a man of the very highest accom- plishments and honor, a citizen always eminent, whose watch- fulness and exertions for the protection of my life I felt in my consulship ; who not only exhorted his neighbors to become soldiers, but also assisted them from his own resources ; will it be possible ever to reconcile Antonius to such a man as this, a man whom we ought to praise by a formal resolution of the senate? "What? will it be possible to reconcile him to Caius Caesar, who prevented him from entering the city, or to Decimus Brutus, who has refused him entrance into Gaul? Moreover, will he reconcile himself to, or look mercifully on the provice of Gaul, by which he has been excluded and re- jected? You will see every thing, O conscript fathers, if you do not take care, full of hatred and full of discord, from which civil wars arise. Do not then desire that which is impossi- ble ; and beware, I entreat you by the immortal gods, O con- script fathers, that out of hope of present peace you do not lose perpetual peace. "What now is the object of this oration ? For we do not yet know what the embassadors have done. But still we ought to be awake, erect, prepared, armed in our minds, so as not to be deceived by any civil or supplicatory language, or by any pretense of justice. He must have complied with all the prohibitions and all the commands which we have sent him, before he can demand any thing. He must have desisted from attacking Brutus and his army, and from plun- dering the cities and lands of the province of Gaul ; he must have permitted the embassadors to go to Brutus, and led his army back on this side of the Rubicon, and yet not come within two hundred miles of this city. He must have sub- mitted himself to the power of the senate and of the Roman people. If he does this, then we shall have an opportunity of deliberating without any decision being forced upon us either way. If he does not obey the senate, then it will not be the senate that declares war against him, but he who will have declared it against the senate. But I warn you, O conscript fathers, the liberty of the Roman people, which is intrusted to you, is at stake. The life and fortune of every virtuous man is at stake, against which Antonius has long been directing his insatiable covet- S 410 CICERO'S ORATIONS ousness, united to his savage cruelty. Your authority is at stake, which you will wholly lose if you do not maintain it now. Beware how you let that foul and deadly beast escape now that you have got him confined and chained. You too, Pansa, I warn (although you do not need counsel, for you have plenty of wisdom yourself: but still, even the most skill- ful pilots receive often warnings from the passengers in terri- ble storms), not to allow this vast and noble preparation which you have made to fall away to nothing. You have such an opportunity as no one ever had. It is in your power so to avail yourself of this wise firmness of the senate, of this zeal of the equestrian order, of this ardor of the Roman peo- ple, as to release the Roman people from fear and danger for- ever. As to the matters to which your motion before the senate refers, I agree with Publius Servilius. THE EIGHTH ORATION OF M. T. CICERO AGAINST MAR- CUS ANTONIUS. CALLED ALSO THE EIGHTH PHILIPPIC, THE ARGUMENT. After the embassy to Antonius had left Rome, the consuls zealously ex- erted themselves in preparing for war, in case he should reject the de- mands of the embassadors. Hirtius, though in bad health, left Rome first, at the head of an army containing, among others, the Martial and the fourth legions ; intending to join Octavius, and hoping with his assistance to prevent his gaining any advantage over Brutus till Pansa could join them. And he gained some ad.'ar.iages over Antonius at once. About the beginning of February the two remaining embassadors (for Servius Sulpicius had died just as they arrived at Antonius's camp) returned, bringing word that Antonius would comply with none of the commands of the senate, nor allow them to proceed to Decimus Brutus ; and bringing also (contrarj' to their duty) demands from him, of which the principal were, that his troops were to be rewarded, all the acts of himself and Dolabella to be ratified, as also all that he had done respect- ing Caesar's papers ; that no account was to be required of him of the money in the temple of Ops ; and that he should have the farther Gaul with an army of six legions. Pansa summoned the senate to receive the report of the embassadors, when Cicero made a severe speech, proposing very vigorous measures against Antonius; which, however, Calenus and his party wee still numerous enough to mitigate very greatly ;*' and even ranpa voted THE EIGHTH PHILIPPIC. 411 against him and in favor of the milder measures ; though they could not prevail against Cicero to have a second embassy sent to Antonius, and though Cicero carried his point of ordering the citizens to assume the sagupi, or robe of war, which he also (waving his privilege as a man of consular rank) wore himself. The next day the senate met again, to draw up in form the decrees on which they had resolved the day before ; when Cicero addressed the following speech to them, ex- postulating with them for their wavering the day before. I. Matters were carried on yesterday, O Caius Pansa, in a more irregular manner than the beginning of your consulship required. You did not appear to me to make sufficient re- sistance to those men, to whom you are not in the habit of yielding. For while the virtue of the senate was such as it usually is, and while all men saw that there was war in reality, and some thought that the name ought to be kept back ; on the division, your inclination inclined to lenity. The course which we proposed therefore was defeated, at your instigation, on account of the harshness of the word war. That urged by Lucius Caesar, a most honorable man, pre- vailed, which, taking away that one harsh expression, was gentler in its language than in its real intention. Although he, indeed, before he delivered his opinion at all, pleaded his relationship to Antonius in excuse for it. He had done the same in my consulship, in respect of his sister's husband, as he did now in respect of his sister's son; so that he was moved by the grief of his sister, and at the same time he wished to provide for the safety of the republic. And yet Caasar himself in some degree recommended you, O conscript fathers, not to agree with him, when he said that he should have expressed quite different sentiments, worthy both of himself and of the republic, if he had not been ham- pered by his relationship to Antonius. He, then, is his uncle ; are you his uncles too, you who voted with him? But on what did the dispute turn 1 Some men, in deliver- ing their opinion, did not choose to insert the word " war." They preferred calling it "tumult," being ignorant not only of the state of affairs, but also of the meaning of words. For there can be a "war" without a "tumult," but there can not be a "tumult" without a "war." For what is a "tumult," but such a violent disturbance that an unusual alarm is en- gendered by it? from which indeed the name "tumult" 1 is derived. Therefore, our ancestors spoke of the Italian " tu' 1 /. e. tumultus, as if it were timor multus. •112 CICERO'S ORATIOiNS. mult," which was a domestic one ; of the Gallic " tumult," which was on the frontier of Italy ; but they never spoke of any other. And that a " tumult" is a more serious thing than a " war" may be seen from this, that during a war ex- empt ions from military service are valid ; but in a tumult they are not. So that it is the fact, as I have said, that war can exist without a tumult, but a tumult can not exist with- out a war. In truth, as there is no medium between war and peace, it is quite plain that a tumult, if it be not a sort of war, must be a sort of peace ; and what more absurd can be said or imagined? However, we have said too much about a word, let us rather look to the facts, O conscript fathers, the appreciation of which, I know, is at times injured by too much attention being paid to words. II. We are unwilling that this should appear to be a war. What is the object, then, of our giving authority to the municipal towns and colonies to exclude Antonius ? of our authorizing soldiers to be enlisted without any force, without the terror of any fine, of their own inclination and eagerness'? of permitting them to promise money for the assistance of the republic ? For if the name of war be taken away, the zeal of the municipal towns will be taken away too. And the unanimous feeling of the Eoman people which at present pours itself into our cause, if we cool upon it, must inevita- bly be damped. But why need I say more? Decimus Brutus is attacked Is not that war? Mutina is besieged. Is not even that war? Gaul is laid waste. What peace can be more assured than this? Who can think of calling that war? We have sent forth a consul, a most gallant man, with an army, who. though he was in a weak state from a long and serious ill- ness, still thought he ought not to make any excuse when he was summoned to the protection of the republic. Caius Caisar, indeed, did not wait for our decrees ; especially as that conduct of his was not unsuited to his age. tic under- took war against Antonius of his own accord ; for there was not yet time to pass a decree ; and he saw that, if he let slip the opportunity of waging Avar, when the republic was crushed it would be impossible to pass any decrees at all. They and their arms, then, are now at peace. He is not an enemy whose garrison Ilirtius has driven from Claterna ; he is not an enemy who is in arms resisting a consul, and attacking a THE EIGHTH PHILIPPIC. 413 consul elect ; and those are not the words of an enemy, nor is that warlike language, which Pansa read just now out of his colleague's letters : " I drove out the garrison." " I got possession of Claterna." The cavalry were routed." " A bat- tle was fought." "A good many men were slain." What peace can be greater that this 1 Lcviejs of troops are ordered throughout all Italy; all exemptions from service are sus- pended ; the robe of war is to be assumed to-morrow ; the consul has said that he shall come down to the senate-house with an armed guard. Is not this war? Ay, it is such a war as has never been. For in all other wars, and most especially in civil wars, it was a difference as to the political state of the republic which gave rise to the contest. Sylla contended against Sulpicius about the force of laws which Sylla said had been passed by violence. Cinna warred against Octavius because of the votes of the new citizens. Again, Sylla was at variance with Cinna and Ma- rius, in order to prevent unworthy men from attaining power, and to avenge the cruel death of most illustrious men. The causes of all these wars arose from the zeal of different parties, for what they considered the interest of the republic. Of the last civil war I can not bear to speak : I do not understand the cause of it : I detest the result. III. This is the fifth civil war (and all of them have fallen upon our times) : the first which has not only not brought dis- sensions and discord among the citizens, but which has been signalized by extraordinary unanimity and incredible concord. All of them have the same wish, all defend the same objects, all are inspired with the same sentiments. When I say all, I except those whom no one thinks worthy of being citizens at all. What, then, is the cause of war, and what is the object aimed at? We are defending the temples of the immortal gods, we are defending the walls of the city, we are defending the homes and habitations of the Roman people, the house- hold gods, the altars, the hearths and the sepulchres of our forefathers; we are defending our laws, our courts of justice, our freedom, our wives, our children, and our country. On the other hand, Marcus Antonius labors and fights in order to throw into confusion and overturn all these things ; and hopes to have reason to think the plunder of the republic sufficient cause for the war, while he squanders part of our fortunes ? and distributes the rest among his parricidal followers. 414 CICERO'S ORATIONS. While, then, the motives for war are so different, a most miserable circumstance is what that fellow promises to his band of robbers. In the first place our houses ; for he de- clares that he will divide the city among them; and after that he will lead them out at whatever gate and settle them on whatever lands they please. All the Caphons, 1 all the Saxas, and the other plagues which attend Antonius, are marking out for themselves in their own minds most beautiful houses, and gardens, and villas, at Tusculum and Alba ; and those clown- ish men — if indeed they are men, and not rather brute beasts — are borne on in their empty hopes as far as the waters and Puteoli. So Antonius has something to promise to his fol- lowers. What can we do ? Have we any thing of the sort ? May the gods grant us a better fate! for our express object is to prevent any one at all from hereafter making similar prom- ises. I say this against my will, still I must say it ; — the auc- tion sanctioned by Caesar, O conscript fathers, gives many wicked men both hope and audacity. For they saw some men become suddenly rich from having been beggars. Therefore, those men who are hanging over our property, and to whom Antonius promises every thing, are always longing to see an auction. "What can we do? What do we promise our sol- diers? Things much better and more honorable. For prom- ises to be earned by wicked actions are pernicious both to those w r ho expect them, and to those who promise them. We promise to our soldiers freedom, rights, laws, justice, the em- pire of the world, dignity, peace, tranquillity. The promises then of Antonius are bloody, polluted, wicked, odious to god- and men, neither lasting nor salutary; ours, on the other hand, are honorable, upright, glorious, full of happiness, and full of piety. IV. Hero also Quintus Fufius, a brave and energetic man, and a friend of mine, reminds me of the advantages of peace. As if, if it were necessary to praise peace, I could not do it myself quite as well as he. For is it once only that I have defended peace? Have I not at all times labored for tran- quillity ? which is desirable for all good men, hut especially for me. For what course could my industry pursue without forensic causes, without laws, without courts of justice? and these things can have no existence when civil peace is taken away. But I want to know what you mean, O Calejjus ? Do 1 These were the names of officers devoted to Antonius THE EIGHTH PHILIPPIC. 415 you call slavery peace? Our ancestors used to take up arms not merely to secure their freedom, but also to acquire em- pire ; you think that we ought to throw away our arms, in order to become slaves. What juster cause is there for wag- ing war than the wish to repel slavery? in which, even if one's master be not tyrannical, yet it is a most miserable thing that he should be able to be so if he chooses. In truth, other causes are just, this is a necessary one. Unless, perhaps, you think that this does not apply to you, because you expect that you will be a partner in the dominion of Antonius. And there you make a two-fold mistake : first of all, in pre- ferring your own to the general interest ; and in the next place, in thinking that there is any thing either stable or pleasant in kingly_power. Even if it has before now been advanta- geous to you, it will not always be so. Moreover, you used to complain of that former master, who was a man ; what do you think you will do when your master is a beast? And you say that you are a man who have always been desirous of peace, and have always wished for the preservation of all the citizens. Very honest language ; that is, if you mean all citizens who are virtuous, and useful, and serviceable to the republic ; but if you wish those who are by nature citizens, but by inclination enemies, to be saved, what difference is there between you and them? Your father, indeed, with whom I as a youth was acquainted, w r hen he was an old man, ■ — a man of rigid virtue and wisdom, — used to give the great- est praise of all citizens who had ever lived to Publius Nas- ica, who slew Tiberius Gracchus. By his valor, and wis- dom, and magnanimity he thought that the republic had been saved. What am I to say ? Have we received any other doc- trine from our fathers? Therefore, that citizen — if you had lived in those times — would not have been approved of by you, because he did not wish all the citizens to be safe. " Be- cause Lucius Opimius the consul has made a speech con- cerning the republic, the senators have thus decided on that matter, that Opimius the consul shall defend the republic." The senate adopted these measures in words, Opimius follow- ed them up by his arms. Should you then, if you had lived in those times, have thought him a hasty or a cruel citizen? or should you have thought Quintus Metellus one, whose four eons were all men of consular rank ? or Publius Lentulus the chief of the senate, and many other admirable men, who, with 416 CICERO'S ORATIONS. Lucius Opimius the consul, took arm«, and pursued Gracchus to the Aventine f and in the battle which ensued, Lentulus re- ceived a severe wound, Gracchus was slain, and so was Mar- cus Fulvius, a man of consular rank, and his two youthful sons. Those men, therefore, are to be blamed ; for they did not wish all the citizens to be safe. V. Let us come to instances nearer our own time. The senate intrusted the defense of the republic to Caius Marius and Lucius Valerius the consuls. Lucius Saturninus, a trib- une of the people, and Caius Glaucia the praetor, were slain. On that day, all the Scauri, and Metelli, and Claudii, and Catuli, and Scaevolse, and Crassi took arms. Do you think either those consuls or those other most illustrious men de- serving of blame % I myself wished Catiline to perish. Did you who wish every one to be safe, wish Catiline to be safe 1 There is this difference, O Calenus, between my opinion and yours. I wish no citizen to commit such crimes as deserve to be punished with death. You think that, even if he has committed them, still he ought to be saved. If there is any thing in our own body which is injurious to the rest of the body, we allow that to be burned and cut out, in order that a limb may be lost in preference to the whole body. And so in the body of the republic, whatever is rotten must be cut off in order that the whole may be saved. Harsh language! This is much more harsh, "Let the worthless, and wicked, and impious be saved ; let the innocent, the honorable, the virtuous, the whole republic be destroyed." In the case of one individual, O Quintus Fufius, I confess that you saw more than I did. I thought Publius Clodius a mischievous, wick- ed, lustful, impious, audacious, criminal citizen. You, on the other hand, called him religious, temperate, innocent, modest ; a citizen to be preserved and desired. In this one particular I admit that you had great discernment, and that I made a great mistake. For as for your saying that I am in the habit of arguing against you with ill temper, that is not the case. I confess that I argue with vehemence, but not with ill temper. I am not in the habit of getting angry with my friends every now and then, not even if they deserve it. Therefore, I can differ from you without using any insulting language, though not without feeling the greatest grief of mind. For is the dis- sension between you and me a trifling one, or on a trifling subject? Is it merely a case of my favoring this man, and THE EIGHTH PHILIPPIC. 417 you that man ? Yes ; I indeed favor Decimus Brutus, you favor Marcus Antonius ; I wish a colony of the Roman people to be preserved, you are anxious that it should be stormed and destroyed. VI. Can you deny this, when you interpose every sort of delay calculated to weaken Brutus, and to improve the posi- tion of Antonius ! For how long will you keep on saying that you are desirous of peace ! Matters are progressing rap- idly ; the works have been carried on ; severe battles are tak- ing place. We sent three chief men of the city to interpose. Antonius has despised, rejected, and repudiated them. And still you continue a persevering defender of Antonius. And Calenus, indeed, in order that he may appear a more con- scientious senator, says that he ought not to be a friend to him ; since, though Antonius was under great obligations to him, he still had acted against him. See how great is his af- fection for his country. Though he is angry with the indi- vidual, still he defends Antonius for the sake of his country. When you are so bitter, O Quintus Fufius, against the peo- ple of Marseilles, I can not listen to you with calmness. For how Ions; are you jroinir to attack Marseilles ? Does not even O */ C O a triumph put an end to the war 1 ? in which was carried an imajre of that citv, without whose assistance our forefathers never triumphed over the Transalpine nations. Then, indeed, did the Roman people groan. Although they had their own private griefs because of their own affairs, still there was no citizen who thought the miseries of this most loval city uncon- nected with himself. Csesar himself, who had been the most angry of all men with them, still, on account of the unusually high character and loyalty of that city, was every day relax- ing something of his displeasure. And is there no extent of calamity by which so faithful a city can satiate you 1 ? Again, perhaps, you will say that I am losing my temper. But I am speaking without passion, as I always do, though not without great indignation. I think that no man can be an enemy to that city, who is a friend to this one. What your object is, O Calenus, I can not imagine. Formerly we were unable to deter you from devoting yourself to the gratification of the people ; now we are unable to prevail on you to show any regard for their interests. I have argued loner enough with Fufius, saying every thing without hatred, but nothing with- out indignation. But I suppose that a man who can bear tha S2 418 CICERO S ORATIONS. jcomplaint of his son-in-law with indifference, will bear that of his friend with great equanimity. VII. I come now to the rest of the men of consular rank, of whom there is no one (I say this on my own responsibili- ty), who is not connected with me in some way or other by kindnesses conferred or received ; some in a great, some in a moderate degree, but every one to some extent or other. What a disgraceful day was yesterday to us ! to us consulars, I mean. Are we to send embassadors again % What % would he make a truce % Before the very face and eyes of the em- bassadors he battered Mutina with his engines. He displayed his works and his defenses to the embassadors. The siege was not allowed one moment's breathing-time, not even while the embassadors should be present. Send embassadors to this man ! What for ? in order to have great fears for their return % In truth, though on the previous occasion I had voted against the embassadors being decreed, still I consoled myself with this reflection, that, when they had returned from Antonius despised and rejected, and had reported to the senate, not mere- ly that he had not withdrawn from Gaul, as we had voted that he should, but that he had not even retired from before Muti- na, and that they had not been allowed to proceed on to Deci- mus Brutus, all men would be inflamed with hatred and stim- ulated by indignation, so that we should reinforce Decimus Brutus with arms, and horses, and men. But we have become even more languid since we have become acquainted with, not only the audacity and wickedness of Antonius, but also with his insolence and pride. Would that Lucius Caesar were in health ; that Servius Sulpicius were alive. This cause would be pleaded much better by three men, than it is now by me single-handed. What I am going to say I say with grief, rather than by way of insult. We have been deserted — we have, I say, been deserted, O conscript fathers, by our chiefs. But, as I have often said before, all those who in a time of such danger have proper and courageous sentiments shall be men of consular rank. The embassadors ought to have brought us back courage, they have brought us back fear. Not, in- deed, that they have caused me any fear: let them have as high an opinion as they please of the man to whom they were sent; from whom they have even brought hack com- mands to us. VIII. O ye immortal gods! where are the habits and vir- THE EIGHTH PHILIPPIC: 419 tues of our forefathers ? Caius Popillius, in the time of our ancestors, when he had been sent as embassador to Antiochus the kins;', and had given him notice, in the words of the senate, to depart from Alexandria, which he was besieging, on the king's seeking to delay giving his answer, drew a line round him where he was standing with his rod, and stated that he should report him to the senate if he did not answer him as to what he intended to do before he moved oat of that line which surrounded him. He did well. For he had brought with him the countenance of the senate, and the authority of the Roman people ; and if a man does not obey that, we are not to receive commands from him in return, but he is to be utterly rejected. Am I to receive commands from a man who despises the commands of the senate? Or am I to think that he has any thing in common with the senate, who besieges a general of the Roman people in spite of the prohibition of the senate? But what commands they are! With what arro- gance, with what stupidity, with what insolence are they con- ceived ! But what made him charge our embassadors with them when he was sending Cotyla to us, the ornament and bulwark of his friends, a man of sedilitian rank ? if, indeed, he really was an redile at the time when the public slaves flogged him with thongs at a banquet by command of Antonius. But what modest commands they are! We must be iron- hearted men, O conscript fathers, to deny any thing to this man! "I give up both provinces," says he; "I disband my army ; I am willing to become a private individual." For these are his very words. He seems to be coming to him- self. " I am willing to forget everv thing ; to be reconciled to every body." But what does he add ? " If you give booty and land to my six legions, to my cavalry, and to my praeto- rian cohort." He even demands rewards for those men for whom, if he were to demand pardon, he would be thought the most impudent of men. He adds farther, " Those men to whom the lands have been given which he himself and Dol- abella distributed, are to retain them." This is the Campa- nian and Leontine district, both which our ancestors consid- ered a certain resource in times of scarcity. IX. He is protecting the interests of his buffoons and game- sters and pimps. He is protecting Capho's and Saxa's inter- ests too, pugnacious and muscular centurions, whom he placed among his troops of male and female buffoons. Besides all 420 CICERO'S ORATIONS. this, he demands " that the decrees of himself and his colleague concerning Caesar's writings and memoranda are to stand." Why is he so anxious that every one should have what he has bought, if he who sold it all has the price which he received for it? "And that his accounts of the money in the temple of Ops arc not to be meddled with." That is to say, that those seven hundred millions of sesterces are not to be recov- ered from him. " That the septemviri are to be exempt from blame or from prosecution for what they have done." It was Nucula, I imagine, who put him in mind of that ; he was afraid, perhaps, of losing so many clients. He also wishes to make stipulations in favor of " those men who are with him who may have done any thing against the laws." He is here taking care of Mustela and Tiro ; he is not anxious about himself. For what has he done? has he ever touched the public money, or murdered a man, or had armed men about him? But what reason has he for taking so much trouble about them? For he demands, "that his own judiciary law be not abrogated." And if he obtains that, what is there that he can fear ? can he be afraid that any one of his friends may be convicted by Cydas, or Lysiades, or Curius? However, he does not press us with many more demands. " I give up," says he, "Gallia Togata; I demand Gallia Comata" 1 — he evidently wishes to be quite at his ease — "with six legions, and those made up to their full complement out of the army of "Deciruus Brutus;" — not only out of the troops whom he has enlisted himself; "and he is to keep possession of it as long as Marcus Brutus and Caius Cassius, as consuls, or as proconsuls, keep possession of their provinces." In the coini- tia held by him, his brother Caius (for it is his year) has already been repulsed. " And I myself," says he, " am to re- tain possession of my province five years." But that is ex- pressly forbidden by the law of Caesar, and you defend the acts of Caesar. X. "Were you, O Lucius Piso, and you, O Lucius Philippus, you chiefs of the city, able, I will not say to endure in your minds, but even to listen with your ears to these commands of 1 The province between the Alps and the Rubicon was called Gallia Citcrior, or Cisalpina, from its situation ; al.^o Tagata, from the inhab- itants wearing the Roman toga. The other was called Ulterior^ and by Cicero often Ultima, or Transalpina ; and also Comata, from the fashion of the inhabitants wearing long hair. THE EIGHTH PHILIPPIC. 421 his ? But, I suspect there was some alarm at work ; nor, while in his power, could you feel as embassadors, or as men of con- sular rank, nor could you maintain your own dignity, or that of the republic. And nevertheless, somehow or other, owing to some philosophy, I suppose, you did what I could not have done, — you returned without any very angry feelings. Marcus Antonius paid you no respect, though you were most illustri- ous men, embassadors of the Eoman people. As for us, what concessions did not we make to Cotvla the embassador of Mar- cus Antonius ? though it was against the law for even the gates of the city to be opened to him, yet even this temple was opem ed to him. He was allowed to enter the senate ; here yester- day he was taking down our opinions and every word we said in his note-books ; and men who had been preferred to the highest honors sold themselves to him in utter disregard of their own dignity. O ye immortal gods ! how great an enterprise is it to up- hold the character of a leader in the republic ; for it requires one to be influenced not merely by the thoughts but also by the eyes of the citizens. To take to one's house the embassa- dor of an enemy, to admit him to one's chamber, even to con- fer apart with him, is the act of a man who thinks nothing of his dignity, and too much of his danger. But what is danger? For if one is engaged in a contest where every thing is at stake, either liberty is assured to one if victorious, or death if defeated ; the former of which alternatives is desir- able, and the latter some time or other inevitable. But a base flight from death is worse than, any imaginable death. For I will never be induced to believe that there are men who envy the consistency or diligence of others, and who are indignant at the unceasing desire to assist the republic being approved by the senate and people of Borne. That is what we were all bound to do ; and that was not only in the time of our an- cestors, but even lately, the highest praise of men of consular rank, to be vigilant, to be anxious, to be always either think- ing, or doing, or saying something to promote the interests of the republic. I, O conscript fathers, recollect that Quintus Scsevola the aucur, in the Marsic war, when he was a man of extreme old age, and quite broken down in constitution, every day, as soon as it was daylight, used to give every one an opportunity of consulting him- nor, throughout all that war, did any one 422 CICERO'S ORATIONS. ever see him in bed ; and, though old and weak, he was the first man to come into the senate-house. I wish, above all things, that those who ought to do so would imitate his indus- try ; and, next to that, I wish that they would not en\y the exertions of another. XI. In truth, O conscript fathers, now we have begun to entertain hopes of liberty again, after a period of six years, during which we have been deprived of it, having endured slavery longer than prudent and industrious prisoners usually do, what watchfulness, what anxiety, what exertions ought We to shrink from, for the sake of delivering the Roman peo- ple? In truth, O conscript fathers, though men who have had the honors conferred on them that we have, usually wear their gowns, while the rest of the city is in the robe of war, still I decided that at such a momentous crisis, and when the whole republic was in so disturbed a state, we would not differ in our dress from you and the rest of the citizens. For we men of consular rank are not in this war conductino- ourselves in such a manner that the Roman people will be likely to look with equanimity on the ensigns of our honor, when some of us are so cowardly as to have cast away all recollection of the kindnesses which they have received from the Roman peo- ple; some are so disaffected to the republic that they openly allege that they favor this enemy, and easily bear having our embassadors despised and insulted by Antonius, while they wish to support the embassador sent by Antonius. For they said that he ought not to be prevented from returning to An- tonius, and they proposed an amendment to my proposition of not receiving him. Well, I will submit to them. Let Yarius, return to his general, but on condition that he never returns to Kome. And as to the others, if they abandon their errors, and return to their duty to the republic, I think they may bo pardoned and left unpunished. Therefore, I give my vote, "That of those men who aro with Marcus Antonius, those who abandon his army, and come over either to Caius Pansa or Aulus Ilirtius the consuls; or to Decimus Brutus, imperator and consul elect ; or to Caius Caesar, propraetor, before the first of March next, shall not be liable to prosecution for having been with Antonius. Thai, if any one of those men who are now with Antonius shall do any thing which appears entitled to honor or to reward, Caius Pansa and Aulus Ilirtius the consuls, one or both of therm THE NINTH PHILIPPIC. 423 shall, if they think fit, make a motion to the senate respecting that man's honor or reward, at the earliest opportunity. That, if, after this resolution of the senate, any one shall go to An- tonius except Lucius Varius, the senate will consider that that man has acted as an enemy to the republic." THE NINTH ORATION OF M. T. CICERO AGAINST MARCUS ANTONIUS. CALLED ALSO THE NINTH PHILIPPIC. THE ARGUMENT. Servius Sulpicius, as has been already said, had died on his embassy to Marcus Antonius, before Mutina ; and the day after the delivery of the preceding speech, Pansa again called the senate together to delib- erate on the honors to be paid to his memory. He himself proposed a public funeral, a sepulchre, and a statue. Servilius opposed the statue, as due only to those who had been slain by violence while in discharge of their duties as embassadors. Cicero delivered the follow- ing oration in support of Pansa's proposition, which was carried. 1 I. I wish, O conscript fathers, that the immortal gods had granted to us to return thanks to Servius Sulpicius while alive, rather than thus to devise honors for him now that he is dead. Nor have I any doubt, but that if that man had been able himself to give us his report of the proceedings of his em- bassy, his return would have been acceptable to you and salu- tary to the republic. Not that either Lucius Piso or Lucius Philippus have been deficient in either zeal or care in the per- formance of so important a duty and so grave a commission ; but, as Servius Sulpicius was superior in age to them, and in wisdom to every one, he, being suddenly taken from the busi- ness, left the whole embassy crippled and enfeebled. But if deserved honors have been paid to any embassador after death, there is no one by whom they can be found to have been ever more fully deserved than by Servius Sulpicius. The rest of those men who have died while engaged on an embassy, have gone forth, subject indeed to the usual uncer- 1 Sulpicius was of about the same age as Cicero, and an early friend of his, and he enjoyed the reputation of being the first lawyer of his time, or of all who ever had studied law as a profession in Rome. 424 CICERO'S ORATIONS. tainties of life, but without any especial danger or fear of death. Servius Sulpicius set out with some hope indeed of reaching Antonius, but with none of returning. But though he was so very ill that if any exertion were added to his bad state of health, he would have no hope of himself, still he did not refuse to try, even while at his last gasp, to be of some service to the republic. Therefore neither the severity of the winter, nor the snow, nor the length of the journey, nor the badness of the roads, nor his daily increasing illness, delayed him. And when he had arrived where he might meet and confer with the man to whom he had been sent, he departed this life in the midst of his care and consideration as to how he might best discharge the duty which he had undertaken. As therefore, O Caius Pansa, you have done well in other respects, so you have acted admirably in exhorting us this day to pay honor to Servius Sulpicius, and in yourself making an eloquent oration in his praise. And after the speech which we have heard from you, I should have been content to say nothing beyond barely giving my vote, if I did not think it necessary to reply to Publius Servilius, who has declared his opinion that this honor of a statue ought to be granted to no one who has not been actually slain with a sword while per- forming the duties of his embassy. But I, O conscript fathers, consider that this was the feeling of our ancestors, that they considered that it was the cause of death, and not the manner of it, which was a proper subject for inquiry. In fact, they thought fit that a monument should be erected to any man whose death was caused by an embassy, in order to tempt men in perilous wars to be the more bold in undertaking the office of an embassador. What we ought to do, therefore, is, not to scrutinize the precedents afforded by our ancestors, but to explain their intentions from which the precedents them- selves arose. II. Lar Tolumnius, the king of Veii, slew four embassadors of the Roman people, at Fidenae, whose statues were standing in the rostra till within my recollection. The honor was well deserved. For our ancestors gave those men who had en- countered death in the cause of the republic an imperishable memory in exchange for this transitory life. We sec in the rostra the statue of Cnauis Octavius, an illustrious and great man, the first man who brought the consulship into that family, which afterward abounded in illustrious men. There THE NINTH PHILIPPIC 425 was no one then who envied him, because he was a new man ,* there was no one who did not honor his virtue. But yet the embassy of Octavius was one in which there was no suspicion of clanger. For having been sent by the senate to investigate the dispositions of kings and of free nations, and especially to forbid the grandson of king Antiochus, the one who had carried on war against our forefathers, to maintain fleets and to keep elephants, he was slain at Laodicea, in the gymnasium, by a man of the name of Leptines. On this a statue was given to him by our ancestors as a recompense for his life, which might ennoble his progeny for many years, and which is now the only memorial left of so illustrious a family. But in his case, and in that of Tullus Cluvius, 1 and Lucius Roscius, and Spurius Antius, and Caius Fulcinius, who were slain by the king of Yeii, it was not the blood that was shed at their death, but the death itself which was encountered in the service of the republic, which was the cause of their being thus honored. III. Therefore, O conscript fathers, if it had been chance which had caused the death of Servius Sulpicius, I should sorrow indeed over such a loss to the republic, but I should consider him deserving of the honor, not of a monument, but of a public mourning. But, as it is, who is there who doubts that it was the embassy itself which caused his death ? For he took death away with him ; though, if he had remained among us, his own care, and the attention of his most excel- lent son and his most faithful wife, might have warded it off. But he, as he saw that, if he did not obey your authority, he should not be acting like himself; but that if he did obey, then that duty, undertaken for the welfare of the republic, would be the end of his life ; preferred dying at a most crit- ical period of the republic, to appearing to have done less serv- ice to the republic than he might have done. He had an opportunity of recruiting his strength and taking care of himself in many cities through which his journey lay. He was met by the liberal invitation of many entertainers, as his dignity deserved, and the men too who were sent with him exhorted him to take rest, and to think of his own health. But he, refusing all delay, hastening on, eager to perform your commands, persevered in this his constant purpose, in spite of the hindrances of bis JLljuess. 1 There is some corruption of the text be r e- 42G CICERO'S ORATIONS. And as Antonius was above all things disturbed by his arrival, because the commands which were laid upon him by your orders had been drawn up by the authority and wisdom of Servius Sulpicius, he showed plainly how he hated the senate by the evident joy which he displayed at the death of the ad- viser of the senate. Leptines then did not kill Octavius, nor did the king of Veii slay those whom I have just named, mere clearly than Antonius killed Servius Sulpicius. Surely he brought the man death, who was the cause of his death. Wherefore, I think it of consequence, in order that posterity may recollect it, that there should be a record of what the judgment of the senate was concerning this war. For the statue itself will be a witness that the war was so serious a one, that the death of an embassador in it gained the honor of an imperishable memorial. IV. But if, O conscript fathers, you would only recollect the excuses alleged by Servius Sulpicius why he should not be appointed to this embassy, then no doubt will be left on your minds that we ought to repair by the honor paid to the dead the injury which we did to him while living. For it is you, O conscript fathers (it is a grave charge to make, but it must be uttered), it is you, I say, who have deprived Servius Sulpicius of life. For when you saw him pleading his illness as an excuse more by the truth of the fact than by any labored plea of words, you were not indeed cruel (for what can be more impossible for this order to be guilty of than that), but as you hoped that there was nothing that could not be accom- plished by his authority and wisdom, you opposed his excuse with great earnestness, and compelled the man, who had al- ways thought your decisions of the greatest weight, to abandon his own opinion. But when there was added the exhortation of Pansa,.the consul, delivered with more weight than the ears of Servius Sulpicius had learned to resist, then at last he led me and his own son aside, and said that he was bound to prefer your authority to his own life. And we, admiring his virtue, did not dare to oppose his determination. His son was moved with extraordinary piety and affection, and my own grief did not fall far short of his agitation ; but each of us was com- pelled to yield to his greatness of mind, and to the dignity of his, language, when he, indeed, amid the loud praises and congrat-51 illations of you all, promised to do whatever you wished, and THE NINTH PHILIPPIC. 427 not to avoid the danger which might be incurred by the adop- tion of the opinion of which he himself had been tiie author. And we the next day escorted him early in the morning as he hastened forth to execute your commands. And he, in truth, when departing, spoke with me in such a manner that his lan- guage seemed like an omen of his fate. V. Restore then, O conscript fathers, life to him from whom you have taken it. For the life of the dead consists in the recollection cherished of them by the living. Take ye care that he, whom you without intending it sent to his death, shall from you receive immortality. And if you by your de- cree erect a statue to him in the rostra, no forgetfulness of posterity will ever obscure the memoiy of his embassy. For the remainder of the life of Servius Sulpicius will be recom- mended to the eternal recollection of all men by many and splendid memorials. The praise of all mortals will forever celebrate his wisdom, his firmness, his lovaltv. his admirable vigilance and prudence in upholding the interests of the pub- lic. Nor will that admirable, and incredible, and almost god- like skill of his in interpreting the laws and explaining the principles of equity be buried in silence. If all the men of all ages, who have ever had any acquaintance with the law in this city, were got together into one place, they would not deserve to be compared to Servius Sulpicius. Xor was he more skillful in explaining the law than in laying down the principles of justice. Those maxims which were derived from laws, and from the common law, he constantly referred to the original principles of kindness and equity. Xor was he more fond of arranging the conduct of lawsuits than of prevent- ing disputes altogether. Therefore he is not in want of this memorial which a statue will provide ; he has other and bet- ter ones. For this statue will be only a witness of his honor- able death ; those actions will be the memorial of' his glori- ous life. So that this will be rather a monument of the grat- itude of the senate, than of the glory of the man. The affection of the son, too, will appear to have great influence in moving; us to honor the father ; for although, being overwhelmed with grief, he is not present, still you ought to be animated with the same feelings as if he were present. But he is in such distress, that no father ever sor- rowed more over the loss of an only son than he grieves for the death of his father. Indeed, I think that it concerns also 428 CICERO'S ORATIONS. the fame of Servius Sulpicius the son, that he should appear to have paid all due respect to his father. Although Servius Sulpicius could leave no nobler monument behind him than his son, the image of his own manners, and virtues, and wis- dom, and piety, and genius ; whose grief can either be allevi- ated by this honor paid to his father by you, or by no conso- 1 lation at all. VI. But when I recollect the many conversations which in the days of our intimacy on earth I have had with Servius Sulpicius, it appears to me, that if there be any feeling in the dead, a brazen statue, and that too a pedestrian one, will | be more acceptable to him than a gilt equestrian one, such as was first erected to Lucius Sylla. For Servius was wonder- fully attached to the moderation of our forefathers, and was accustomed to reprove the insolence of this age. As if, there- fore, I were able to consult himself as to what he would wish, so I give my vote for a pedestrian statue of brass, as if I were speaking by his authority and inclination ; which by the honor of the memorial will diminish and mitigate the great grief and regret of his fellow-citizens. And it is certain that this my opinion, O conscript fathers, will be approved of by the opinion of Publius Servilius, who has given his vote that a sepulchre be publicly decreed to Servius Sulpicius, but has voted against the statue. For if the death of an embas- sador happening without bloodshed and violence requires no honor, why does he vote for the honor of a public funeral, which is the greatest honor that can be paid to a dead man ? If he grants that to Servius Sulpicius which was not given to Cnams Octavius, why does he think that we ought not to give to the former what was given to the latter \ Our ances- tors, indeed, decreed statues to many men ; public sepulchres to few. But statues perish by weather, by violence, by lapse of time ; but the sanctity of the sepulchres is in the soil itself, which can neither be moved nor destroyed by any violence ; and while other things are extinguished, so sepulchres become holier by age. Let, then, that man be distinguished by that honor also, a man to whom no honor can be given which is not deserved. Let us be grateful in paying respect in death to him to whom we can now show no other gratitude. And by that same step let the audacity of Marcus Antonius, waging a nefarious war, be branded with infamy. For when these honors have /J> THE NINTH PHILIPPIC. 429 been paid to Servius Sulpicius, the evidence of his embassy having been insulted and rejected by Antonius will remain for everlasting. YII. On which account I give my vote for a decree in this form : "As Servius Sulpicius Rufus, the son of Quintus, of the Lemonian tribe, at a most critical period of the republic, and being ill with a very serious and dangerous disease, preferred the authority of the senate and the safety of the republic to his own life, and struggled against the violence and severity of his illness, in order to arrive at the camp of Antonius, to which the senate had sent him ; and as he, when he had al- most arrived at the camp, being overwhelmed by the violence of the disease, has lost his life in discharging a most import- ant office of the republic ; and as his death has been in strict correspondence to a life passed with the greatest integrity and honor, during which he, Servius Sulpicius, has often been of great service to the republic, both as a private individual and in the discharge of various magistracies ; and as he, being such a man, has encountered death on behalf of the republic while employed on an embassy ; — the senate decrees that a brazen pedestrian statue of Servius Sulpicius be erected in the rostra in compliance with the resolution of this order, and that his children and posterity shall have a place round this statue of five feet in every direction, from which to behold the games and gladiatorial combats, because he died in the cause of the republic; and that this reason be inscribed on the pedestal of the statue ; and that Caius Pansa and Aulus Hirtius the con- suls, one or both of them, if it seem good to them, shall com- mand the quaestors of the city to let out a contract for niak- i ing that pedestal and that statue, and erecting them in the rostra ; and that whatever price they contract for, they shall take care the amount is given and paid to the contractor ; and as in old times the senate has exerted its authority with respect to the obsequies of, and honors paid to brave men, it now decrees that he shall be carried to the tomb on the day of his funeral with the greatest possible solemnity. And as// Servius Sulpucius Rufus, the son of Quintus of the Lemonian tribe, has deserved so well of the republic as to be entitled to be complimented with all those distinctions ; the senate is of opinion, and thinks it for the advantage of the republic, that the consule aedile should suspend the edict which usually pre- vails with respect to funerals in the case of the funeral of 430 CICERO'S ORATIONS. Scrvius Sulpicius Rufus, the son of Quintus of the Lemonian tribe ; and that Caius Pansa, the consul, shall assign him a place for a tomb in the Esquiline plain, or in whatever place shall seem good to him, extending thirty feet in every direc- tion, where Servius Sulpicius may be buried; and that that shall be his tomb, and that of his children and posterity, as having been a tomb most deservedly given to them by the public authority." THE TENTH ORATION OF M. T. CICERO AGAINST MARCUS ANTONIUS. CALLED ALSO THE TENTH PHILIPPIC. THE ARGUMENT. Soon after the delivery of the last speech, dispatches were received from Brutus by the consuls, giving an account of his success against Caius Antonius in Macedonia ; stating that he had secured Macedonia, Illyr- icum, and Greece, with the armies in those countries ; that Caius An- tonius had retired to Apollonia with seven cohorts ; that a legion under Lucius Piso had surrendered to young Cicero, who was commanding his cavalry ; that Dolabella's cavalry had deserted to him ; and that Ya- tinius had surrendered Dyrrachium and its garrison to him. He like- wise praised Quintus Hortensius, the proconsul of Macedonia, as hav- ing assisted him in gaining over the Grecian provinces and the armies in those districts. As soon as Pansa received the dispatches, he summoned the senate to have them read ; and in a set speech greatly extolled Brutus, and moved a vote of thanks to him ; but Calenus, who followed him, de- clared his opinion that as Brutus had acted without any public commis- sion or authority, he should be required to give up his army to the proper governors of the provinces, or to whoever the senate should ap- point to receive it. After he had sat down, Cicero rose, and delivered the following speech. I. We all, O Pansa, ought both to feel and to show the greatest gratitude to you, who, — though we did not expect that you would hold any senate to-day, — the moment that you received the letters of Marcus Brutus, that most excellent citizen, did not interpose oven the slightest delay to our en- joying the most excessive delight and mutual congratulation at the earliest opportunity. And not only ought this action of yours to be grateful to us all, but also the speech which THE TENTH PHILIPPIC. 431 you addressed to us after the letters had been read. For you showed plainly, that that was true which I have always felt to be so, that no one envied the virtue of another who was confident of his own. Therefore I, who have been connected with Brutus by many mutual good offices and by the greatest intimacy, need not say so much concerning him ; for the part that I had marked out for myself your speech has anticipated me in. But r O conscript fathers, the opinion delivered by the man who was asked for his vote before me, has imposed upon me the necessity of saying rather more than I otherwise should have said; and I differ from him so repeatedly at present, that I am afraid (what certainly ought not to be the case) that our continual disagreement may appear to diminish our friendship. What can be the meaning of this argument of yours, O Ca- lenus ? what can be your intention? How is it that you have never once since the first of January been of the same opinion with him who asks you your opinion first 1 How is it that the senate has never yet been so full as to enable you to find one single person to agree with your sentiments ? Why are you always defending men who in no point resemble you? why, when both your life and your fortune invite you to tran- quillity and dignity, do you approve of those measures, and defend those measures, and declare those sentiments, which are adverse both to the general tranquillity and to your own individual dignity ? II. For to say nothing of former speeches of yours, at all events I can not pass over in silence this which excites my most especial wonder. What war is there between you and the Bruti ? Why do you alone attack those men whom we are all bound almost to worship? Why are you not indig- nant at one of them being besieged, and why do you — as far as your vote goes — strip the other of those troops which by his own exertions and by his own danger he has got together by himself, without any one to assist him, for the protection of the republic, not for himself? What is your meaning in this? What are your intentions? Is it possible that you should not approve of the Bruti, and should approve of An- tonius ? that you should hate those men whom every one else considers most dear ? and that you should love with the greatest constancy those whom every one else hates most bit- terly ? You have a most ample fortune ; you are in the high- 432 CICERO'S ORATIONS. est rank of honor ; your son, as I both hear and hope, is born to glory, — a youth whom I favor not only for the sake of the republic, but for your sake also. I ask, therefore, would you rather have him like Brutus or like Antonius? and I will let you choose whichever of the three Antonii you please. God forbid ! you will say. Why, then, do you not favor those men and praise those men whom you wish your own son to resemble'? For by so doing you will be both con- sulting the interests of the republic, and proposing him an example for his imitation. But in this instance, I hope, O Quintus Fufius, to be al- lowed to expostulate with you, as a senator who greatly dif- fers from you, without any prejudice to our friendship. For you spoke in this matter, and that too from a written paper ; for I should think you had made a slip from want of some appropriate expression, if I were not acquainted with your ability in speaking. You said "that the letters of Brutus appeared properly and regularly expressed." What else is this than praising Brutus's secretary, not Brutus'? You both ought to have great experience in the affairs of the republic, and you have. When did you ever see a decree framed in this manner? or in what resolution of the seiuue passed on such occasions (and they are innumerable), did you ever hear of its being decreed that the letters had been Avell drawn up? And that expression did not — as is often the case with other men — fall from you by chance, but you brought it with you written down, deliberated on, and carefully medi- tated on. III. If any one could take from you this habit of dispar- aging good men on almost every occasion, then what qualities would not be left to you which every one would desire for himself? Do, then, recollect yourself; do at last soften and quiet that disposition of yours; do take the advice of good men, with many of whom you are intimate ; do converse with that wisest of men, your own son-in-law, oftener than with yourself; and then you will obtain the name of a man of the ^ery highest character. Do you think it a matter of no con- sequence (it is a matter in which I, out of the friendship which I feel for you, constantly grieve in your stead), that this should be commonly said out of doors, and should be a com- mon topic of conversation among the Roman people, that the man who delivered his opinion first did not find a single per- THE TENTH PHILIPPIC. 433 son to agree with him ? And that I think will be the case to-day. You propose to take the legions away from Brutus : — which legions'? Why, those which he has gained over from the wickedness of Caius Antonius, and has by his own authority gained over to the republic. Do you wish then that he should again appear to be the only person strijDped of his authority, and as it were banished by the senate? And you, O con- script fathers, if you abandon and betray Marcus Brutus, what citizen in the world will you ever distinguish ? "Whom will you ever favor 1 ? Unless, indeed, you think that those men who put a diadem on a man's head deserve to be pre- served, and those who have abolished the very name of kingly power deserve to be abandoned. And of this divine and im- mortal glory of Marcus Brutus I will say no more ; it is al- ready embalmed in the grateful recollection of all the citizens, but it has not yet been sanctioned by any formal act of pub- lic authority. Such patience ! O ye good gods ! such modera- tion ! such tranquillity and submission under injury ! A ma» who, while he was praetor of the city, was driven from the city, was prevented from sitting as judge in legal proceedings, when it was he who had restored all law to the republic ; and, though he might have been hedged round by the daily con- course of all virtuous men, who were constantly flocking round him in marvelous numbers, he preferred to be defended in his absence by the judgment of the good, to being present and protected by their force ; — who was not even present to cele- brate the games to Apollo, which had been prepared in a man- ner suitable to his own dignity and to that of the Roman people, lest he should open any road to the audacity of most wicked men. IV. Although, what games or what days were ever more joyful than those on which at every verse that the actor utter- ed, the Roman people did honor to the memory of Brutus, with loud shouts of applause 1 ? The person of their liberator was absent, the recollection of their liberty was present, in which the appearance of Brutus himself seemed to be visible. But the man himself I beheld on those very days of the games, in the country-house of a most illustrious young man, Lucul- lus, his relation, thinking of nothing but the peace and con- cord of the citizens. I saw him again afterward at Velia, departing from Italy, in order that there might be no pretext T 434 CICERO'S ORATIONS. for civil war on his account. Oh what a sight was that! grievous, not only to men but to the very waves and shores. That its savior should be departing from his country ; that its destroyers should be remaining in their country ! The fleet of Cassius followed a few days afterward ; so that I was ashamed, O conscript fathers, to return into the city from which those men were departing. But the design with which I returned you heard at the beginning, and since that you have known by experience. Brutus, therefore, bided his time. For, as long as he saw you endure every thing, he himself behaved with incredible patience ; after that he saw you roused to a desire of liberty, he prepared the means to protect you in your liberty. But what a pest, and how great a pest was it which he re- sisted "1 For if Caius Antonius had been able to accomplish what he intended in his mind (and he would have been able to do so if the virtue of Marcus Brutus had not opposed his wickedness), we should have lost Macedonia, Illyricum, and Greece. Greece would have been a refuge for Antonius if defeated, or a support to him in attacking Italy ; which at present, being not only arrayed in arms, but embellished by the military command and authority and troops of Marcus Bru- tus, stretches out her right hand to Italy, and promises it her protection. And the man who proposes to deprive him of his army, is taking away a most illustrious honor, and a most trustworthy guard from the republic. I wish, indeed, that Antonius may hear this news as speedily as possible, so that he may understand that it is not Decimus Brutus whom he is surrounding with his ramparts, but he himself who is really hemmed in. V. He possesses three towns only on the whole face of the earth. He has Gaul most bitterly hostile to him ; he has even those men the people beyond the Fo, in whom he placed the greatest reliance, entirely alienated from him ; all Italy is his enemy. Foreign nations, from the nearest coast of Greece to Egypt, are occupied by the military command and armies of most virtuous and intrepid citizens. His only hope was in Caius Antonius ; who being in age the middle one be- tween his two brothers, rivaled both of them in vices. He hastened away as if he were being driven away by the senate into Macedonia, not as if he were prohibited from proceeding thither. What a storm, O ye immortal gods! what a con- flagration ! what a devastation! what a pestilence to Greece THE TENTH PHILIPPIC. 435 would that man have been, if incredible and godlike virtue had not checked the enterprise and audacity of that frantic man. What promptness was there in Brutus's conduct ! what prudence! what valor! Although the rapidity of the move- ment of Caius Antonius also is not despicable ; for if some vacant inheritances had not delayed him on his march, you might have said that he had flown rather than traveled. When we desire other men to go forth to undertake any public business, we are scarcely able to get them out of the city ; but we have driven this man out by the mere fact of our desiring to retain him. But what business had he with. Apollonia ? what business had he with Dyrrachium ? or with Illyricum? "What had he to do with the army of Publius Vatinius, our general? He, as he said himself, was the suc- cessor of Hortensius. The boundaries of Macedonia are well defined ; the condition of the proconsul is well known ; the amount of his army, if he has any at all, is fixed. But what had Antonius to do at all with Illyricum and with the legions of Vatinius ? But Brutus had nothing to do with them either. For that, perhaps, is what some worthless man may say- All the le> gions, all the forces which exist any where, belong to the Ro- man people. Nor shall those legions which have quitted Mar" cus Antonius be called the legions of Antonius rather than of the republic; for he loses all power over his army, and all the privileges of military command, who uses that military com- mand and that army to attack the republic. VI. But if the republic itself could give a decision, or if all rights were established by its decrees, would it adjudge the legions of the Roman people to Antonius or to Brutus? The one had flown with precipitation to the plunder and destruc- tion of the allies, in order, wherever he went, to lay waste, and pillage, and plunder every thing, and to employ the army of the Roman people against the Roman people itself. The other had laid down this law for himself, that wherever he came he should appear to come as a sort of light and hope of safety. Lastlv, the one was seeking aids to overturn the re- public ; the other to preserve it. Nor, indeed, did we see this more clearly than the soldiers themselves ; from whom so much discernment in judging was not to have been expected. He writes, that Antonius is at Apollonia with seven co- horts, and he is either by this time taken prisoner (may the 430 CICERO'S ORATIONS. gods grant it!) or, at all events, like a modest man, he does not come near Macedonia, lest he should seem to act in op- position to the resolution of the senate. A levy of troops has been held in Macedonia, by the great zeal and diligence of Quint us Ilortensius ; whose admirable courage, worthy both of himself and of his ancestors, you may clearly perceive from the letters of Brutus. The legion which Lucius Piso, the lieutenant of Antonius, commanded, has surrendered itself to Cicero, my own son. Of the cavalry, which was being led into Syria in two divisions, one division has left the quaestor who was commanding it, in Thessaly, and has joined Brutus ; and Cnasus Domitius, a young man of the greatest virtue and wisdom and firmness, has carried off the other from the Syrian lieutenant in Macedonia. But Publius Yatinius, who has be- fore this been deservedly praised by us, and who is justly enti- tled to farther praise at the present time, has opened the gates of Dyrrachium to Brutus, and has given him up his army. The Roman people then is now in possession of Macedonia, and niyricum, and Greece. The legions there are all devoted to us, the light-armed troops are ours, the cavalry is ours, and, above all, Brutus is ours, and always will be ours — a man born for the republic, both by his own most excellent virtues, and also by some especial destiny of name and family, both on his father's and on his mother's side. VII. Does any one then fear war from this man, who, until we commenced the war, being compelled to do so, preferred lying unknown in peace to flourishing in war 1 Although he, in truth, never did lie unknown, nor can this expression pos- sibly be applied to such great eminence in virtue. For he was the object of regret to the state ; he was in every one's mouth, the subject of every one's conversation. But he was so far re- moved from an inclination to war, that, though he was burn- ing with a desire to see Italy free, he preferred being wanting to the zeal of the citizens, to leading them to put every thing to the issue of war. Therefore, those very men, if there be any such, who find fault with the slowness of Brutus' s move- ments, nevertheless at the same time admire his moderation and his patience. But I see now what it is they mean : nor, in truth, do they use much disguise. They say that they are aliraid how the veterans may endure the idea of Brutus having an army. As if there were any difference between the troops of Aulus Hip- THE TENTH PHILIPPIC. 437 tlus, of Caius Pansa, of Decimus Brutus, of Caius Caesar, and this army of Marcus Brutus. For if these four armies which I have mentioned are praised because they have taken up arms for the sake of the liberty of the Roman people, what reason is there why this army of Marcus Brutus should not be classed under the same head ! Oh, but the very name of Marcus Brutus is unpopular among the veterans. — More than that of Decimus Brutus? — I think not; for although the ac. tion is common to both the Bruti, and although their share in the glory is equal, still those men who were indignant at that deed were more angry with Decimus Brutus, because they said, that it was more improper for it to be executed by him. What now are all those armies laboring at, except to effect the release of Decimus Brutus from a siege? And who are the commanders of those armies? Those men, I suppose, who wish the acts of Caius Cassar to be overturned, and the cause of the veterans to be betrayed. VIII. If Caesar himself were alive, could he, do you im- agine, defend his own acts more vigorously than that most gallant man Hirtius defends them ? or, is it possible that any one should be found more friendly to the cause than his son ? But the one of these, though not long recovered from a very long attack of a most severe disease, has applied all the energy and influence which he had to defending the liberty of those men by whose prayers he considered that he himself had been recalled from death ; the other, stronger in the strength of his virtue than in that of his age, has set out with those very veterans to deliver Decimus Brutus. Therefore, those men who are both the most certain and at the same time the most energetic defenders of the acts of Caesar, are waging war for the safety of Decimus Brutus ; and they are followed by the veterans. For they see that they must fight to the uttermost for the freedom of the Roman people, not for their own ad- vantages. What reason, then, is there why the army of Mar- cus Brutus should be an object of suspicion to those men who with the whole of their energies desire the preservation of Decimus Brutus? But, moreover, if. there were any thing which were to be feared from Marcus Brutus, would not Pansa perceive it? Or if he did perceive it, would not he, too, be anxious about it ? Who is either more acute in his conjectures of the future, or more diligent in warding off danger? But you have already 438 CICERO'S ORATIONS. seen his zeal for, and inclination toward Marcus Brutus. He has already told us in his speech what we ought to decree, and how we ought to feel with respect to Marcus Brutus. And he was so far from thinking the army of Marcus Brutus dangerous to the republic, that he considered it the most im- portant and the most trusty bulwark of the republic. Either, then, Pansa does not perceive this (no doubt he is a man of dull intellect), or he disregards it. For he is clearly not anx- ious that the acts which Caesar executed should be ratified, — he, who in compliance with our recommendation is going to bring forward a bill at the comitia centuriata for sanctioning and confirming them. IX. Let those, then, who have no fear, cease to pretend to be alarmed, and to be exercising their foresight in the cause of the republic. And let those who really are afraid of every thing, cease to be too fearful, lest the pretense of the one party and the inactivity of the other be injurious to us. What, in the name of mischief! is the object of always opposing the name of the veterans to every good cause ? For even if I were attached to their virtue, as indeed I am, still, if they were arrogant I should not be able to tolerate their airs. While we are endeavoring to break the bonds of slavery, shall any one hinder us by saying that the veterans do not approve of it? For they are not, I suppose, beyond all counting, who are ready to take up arms in defense of the common freedom ! There is no man, except the veteran soldiers, who is stimulated by the indignation of a freeman to repel slavery ! Can the republic then stand, relying wholly on veterans, without a great reinforcement of the youth of the state ! AY horn, indeed, you ought to be attached to, if they be assistants to you in the assertion of your freedom, but whom you ought not to follow if they be the advisers of slavery. Lastly (let me at last say one true word, one word worthy of myself!) — if the inclinations of this order are governed by the nod of the veterans, and if all our words and actions are to be referred to their will, death is what we should wish for, which has always, in the minds of Roman citizens, been pref- erable to slavery. All slavery is miserable; but some may have been unavoidable. Do you think, then, that there is never to be a beginning of our endeavors to recover our free- dom? Or, when we would not bear that fortune which was unavoidable, and which seemed almost as if appointed by THE TENTH PHILIPPIC. 439 destiny, shall we tolerate the voluntary bondage ? All Italy is burning with a desire for freedom. The city can not en- dure slavery any longer. We have given this warlike attire and these arms to the Roman people much later than they have been demanded of us by them. X. We have, indeed, undertaken our present course of ac- tion with a great and almost certain hope of liberty. But even if I allow that the events of war are uncertain, and that the chances of Mars are common to both sides, still it is worth while to fight for freedom at the peril of one's life. For life does not consist wholly in breathing ; there is literally no life at all for one who is a slave. All nations can endure slavery. Our state can not. Nor is there any other reason for tlii-, except that those nations shrink from toil and pain, and are willing to endure any thing so long as they may be free from those evils ; but we have been trained and bred up by our forefathers in such a manner, as to measure 'all our designs and all our actions by the standard of dignity and virtue. The recovery of freedom is so splendid a thing that we must not shun even death when seeking to recover it. But if im- mortality were to be the result of our avoidance of present danger, still slavery would appear still more worthy of being avoided, in proportion as it is of longer duration. But as all sorts of death surround us on all sides night and day, it does not become a man, and least of all a Roman, to hesitate to give up to his country that breath which he owes to nature. Men flock together from all quarters to extinguish a general conflagration. The veterans were the first to follow the au- thority of Caesar, and to repel the attempts of Antonius ; after- ward the Martial legion checked his phrensy ; the fourth legion crushed it. Being thus condemned by his own legions, he burst into Gaul, which he knew to be adverse and hostile to him both in word and deed. The armies of Aulus Hirtius and Caius Caesar pursued him ; and afterward the levies of Pansa roused the city and all Italy. He is the one enemy of all men. Although he has with him Lucius his brother, a citizen very much beloved by the Roman people, the regret for whose absence the city is unable to endure any longer! What can be more foul than that beast"? what more savage? who appears born for the express purpose of preventing Mar- cus Antonius from being the basest of all mortals. They have with them Trebellius, who, now that all debts are canceled, is 440 CICERO'S ORATIONS. become reconciled to them ; and Titus Plancus, and other like them; who are striving with all their hearts, and whose sole object is, to appear to have been restored against the will of the republic. Saxa and Capho, themselves rustic and clown- ish men, men who never have seen and who never wish to see this republic firmly established, are tampering with the igno- rant classes ; men who are not upholding the acts of Caesar but those of Antonius ; who are led away by the unlimited oc- cupation of the Campanian district ; and who I marvel are not somewhat ashamed when they see that they have actors and actresses for their neighbors. XI. Why then should we be displeased that the army of Marcus Brutus is thrown into the scale to assist us in over- whelming these pests of the commonwealth ? It is the army, I suppose, of an intemperate and turbulent man. I am more afraid of his being too patient ; although in all the counsels and actions of that man there never has been any thing either too much or too little. The whole inclinations of Marcus Brutus, O conscript fathers, the whole of his thoughts, the whole of his ideas, are directed toward the authority of the senate and the freedom of the Eoman people. These are the objects which he proposes to himself; these are what he de- sires to uphold. He has tried what he could do by patience ; as he did nothing, he has thought it necessary to encounter force by force. And, O conscript fathers, you ought at this time to grant him the same honors which on the nineteenth of December you conferred by my advice on Decimus Brutus and Caius Ca?sar, whose designs and conduct in regard to the republic, while they also were but private individuals, was ap- proved of and praised by your authority. And you ought to do the same now with respect to Marcus Brutus, by whom an unhoped for and sudden reinforcement of legions and cavalry, and numerous and trusty bands of allies, have been provided for the republic. Quintus Hortensius also ought to have a share of your praise, who, being governor of Macedonia, joined Brutus as a most faithful and untiring assistant in collecting that army. For I think that a separate motion ought to be made respect- ing Marcus Appuleius, to whom Brutus bears witness in his letters that he has been a prime assistant to him in his endeav- ors to get together and equip his army. And since this is the case, THE TENTH PHILIPPIC. 441 " As Caius Pansa the consul has addressed to us a speech concerning the letters which have been received from Quintus Caepio Brutus, 1 proconsul, and have been read in this assem- bly, I give my vote in this matter thus : a Since, by the exertions and wisdom and industry and val- or of Quintus Caepio Brutus, proconsul, at a most critical pe- riod of the republic, the province of Macedonia, and Illyricum, and all Greece, and the legions and armies and cavalry, have been preserved in obedience to the consuls and senate and peo- ple of Koine ; Quintus Caepio Brutus, proconsul, has acted well, and in a manner advantageous to the republic, and suit- able to his own dignity and to that of his ancestors, and to the principles according to which alone the affairs of the re- public can be properly managed ; and that conduct is and will be grateful to the senate and people of Eome. "And moreover, as Quintus Caepio Brutus, proconsul, is occupying and defending and protecting the province of Mac- edonia, and Illyricum, and all Greece, and is preserving them in safety; and as he is in command of an army which he himself has levied and collected, he is at liberty if he has need of any, to exact money for the use of the military service, which belongs to the public, and can lawfully be exacted, and to use it, and to borrow money for the exigencies of the war from whomsoever he thinks fit, and to exact corn, and to en- deavor to approach Italy as near as he can with his forces. , And as it has been understood from the letters of Quintus Caepio Brutus, proconsul, that the republic has been greatly benefited by the energy and valor of Quintus Hortensius, pro- consul, and that all his counsels have been in harmony with those of Quintus Caepio Brutus, proconsul, and that that har- mony has been of the greatest service to the republic ; Quin- tus Hortensius has acted well and becomingly, and in a man- ner advantageous to the republic. And the senate decrees that Quintus Hortensius, proconsul, shall occupy the province of Macedonia with his quaestors, or proquaestors and lieuten- ants, until he shall have a successor regularly appointed by a resolution of the senate." 1 Brutus had been adopted by his maternal uncle Quintus Servilius Caepio ; so that his legal designation was what is given in the text now, as Cicero is proposing a formal vote — though at all other times we see that he calls him Marcus Brutus. T2 442 CICERO'S ORATIONS THE ELEVENTH ORATION OF M. T. CICERO AGAINST MARCUS ANTONIUS. CALLED ALSO THE ELEVENTH PHILIPPIC. THE ARGUMENT- A. short time after the delivery of the preceding speech, news came t, to loosen, and 61ktj, justice. Cimber is a proper name, and also means one of the nation of the Cimbri ; Germanus is a German, and germanus a brother ; and he means here to impute to Caius Cimber that he had murdered his brother. 450 CICERO'S ORATIONS. enemy by the decree which was passed yesterday, war must he waged, we must necessarily appoint a general. Two opinions have been advanced ; neither of which do T approve. The one, because I always think it dangerous unless it be absolutely necessary; the other, because I think it wholly unsuited to the emergency. For an extraordinary commission is a measure suited rather to the fickle character of the mob ; one which does not at all become our dignity or this assembly. In the war against Antiochus, a great and important war, when Asia had fallen by lot to Lucius Scipio as his province, and when he was thought to have hardly spirit and hardly visor enough for it ; and when the senate was inclined to intrust the business to his colleague Caius Laelius, the father of this Lselius, who was surnamed the Wise ; Publius Africa- nus, the elder brother of Lucius Scipio, rose up, and entreated them not to cast such a slur on his family, and said that in his brother there was united the greatest possible valor, with the most consummate prudence ; and that he too, notwithstand- ing his age, and all the exploits which he had performed, would attend his brother as his lieutenant. And after he had said this, nothing was changed in respect to Scipio' s province; nor was any extraordinary command sought for any more in that war than in those two terrible Punic wars which had pre^ ceded it, which were carried on and conducted to their termi- nation either by the consuls or by dictators ; or than in the war with Pyrrhus, or in that with Philippus, or afterward in the Achaean war, or in the third Punic war ; for which last the Roman people took great care to select a suitable general, Publius Scipio, but at the same time it appointed him to the consulship in order to conduct it. VIII. War was to be waged against Aristonicus in the con- sulship of Publius Licinius and Lucius Valerius. The people was consulted as to whom it wished to have the management of that war. Crassus, the consul and Pontiiex Maxim ub, threatened to impose a fine upon Flaccus his colleague, the priest of Mars, if he deserted the sacrifices. And though the people remitted the fine, still they ordered the priest to submit to the commands of the pontiff. But even then the Roman people did not commit the management of the war to a pri- vate individual; although there was Africanus, who the year before had celebrated a triumph over the people of Numan- tia; and who was far superior to all men in martial renown THE ELEVENTH PHILIPPIC. 451 and military skill; yet he only gained the votes of two trib- unes. And accordingly the Roman people intrusted the man- agement of the war to Crassus the consul rather than to the private individual Africanus. As to the commands given to Cnseus Pompeius, that most illustrious man, that first of men, they were carried by some turbulent tribunes of the people. For the war against Sertorius was only given by the senate to a private individual because the consuls refused it ; when Lu- cius Philippus said that he sent the general in the place of the two consuls, not as proconsul. What then is the object of these comitia? or what is the meaning of this canvassing which that most wise and dig- nified citizen, Lucius Caesar, has introduced into the senate? He has proposed to vote a military command to one who is certainly a most illustrious and unimpeachable man, but still only a private individual. And by doing so he has imposed a heavy burden upon us. Suppose I agree ; shall I by so doing countenance the introduction of the practice of can- vassing into the senate-house % Suppose I vote against, it ; shall I appear as if I were in the comitia to have refused an honor to a man who is one of my greatest friends ? But if we are to have the comitia in the senate, let us ask for votes, let us canvass ; let a voting-tablet be given us, just as one is given to the people. Why do you, O Caesar, allow it to be so managed that either a most illustrious man, if your proposi- tion be not agreed to, shall appear to have received a repulse, or else that one of us shall appear to have been passed over, if, while we were men of equal dignity, we are not considered worthy of equal honor 1 But (for this is what I hear is said), I myself gave by my own vote an extraordinary commission to Caius Caesar; Ay, indeed, for he had given me extraordinary protection ; when I say me, I mean he had given it to the senate and to the Ro- man people. Was I to refuse giving an extraordinary military command to that man from whom the republic had received protection which had never even been thought of, but that still was of so much consequence that without it she could not have been safe ? There were only the alternatives of taking his army from him, or giving him such a command. For on what principle or by what means can an army be retained by a man who has not been invested with any mili- tary command? We must not, therefore, think that a thing 45'2 CICERO'S ORATIONS. has been given to a man which has, in fact, not been taken away from him. You would, O conscript fathers, have taken a command away from Caius Caesar, if you had not given him one. The veteran soldiers, who, following his authority and command and name, had taken up arms in the cause of the republic, desired to be commanded by him. The Martial legion and the fourth legion had submitted to the authority of the senate, and had devoted themselves to uphold the dig- nity of the republic, in such a way as to feel that they had a right to demand Gaius Caesar for their commander. It was the necessitv of the war that invested Caius Caesar with mill- tary command ; the senate only gave him the ensigns of it. But I beg you to tell me, O Lucius Caesar, — I am aware that I am arguing with a man of the greatest experience, — when did the senate ever confer a military command on a private in- dividual who was in a state of inactivity, and doing nothing % IX. However, I have been speaking hitherto to avoid the appearance of gratuitously opposing a man who is a great friend of mine, and who has showed me great kindness. Al- though, can one deny a thing to a person who not only does not ask for it, but who even refuses it ! But, O conscript fathers, that proposition is unsuited to the dignity of the con- suls, unsuited to the critical character of the times : namely, the proposition that the consuls, for the sake of pursuing Dol- abella, shall have the provinces of Asia and Syria allotted to them. I will explain why it is inexpedient for the republic ; but first of all, consider what ignominy it fixes on the consuls. When a consul elect is being besieged, when the safety of the republic depends upon his liberation, when mischievous and parricidal citizens have revolted from the republic, and when we are carrying on a war in which we are fighting for our dignity, for our freedom, and for our lives ; and when, if any one falls into the power of Antonius, tortures and torments are prepared for him ; and when the struggle for all these ob- jects has been committed and intrusted to our most admirable and gallant consuls, — shall any mention be made of Asia and Syria, so that we may appear to have given any injurious cause for others to entertain suspicion of us, or to bring us into unpopularity? They do indeed propose it, "after hav- ing liberated Brutus," — for those were the last words of the proposal ; say rather, after having deserted, abandoned, and betrayed him. THE ELEVENTH PHILIPPIC. 453 But I say that any mention whatever of any provinces has been made at a most unseasonable time. For although your mind, O Caius Pansa, be ever so intent, as indeed it is, on effecting the liberation of the most brave and illustrious of all men, still the nature of things would compel you inevitably sometimes to turn your thoughts to the idea of pursuing An- lonius, and to divert some portion of your care and attention to Asia and Syria. But if it were possible, I could wish you to have more minds than one, and yet to direct them all upon Mutina. But since that is impossible, I do wish you, with that most virtuous and all-accomplished mind which you have got, to think of nothing but Brutus. And' that, indeed, is what you are doing ; that is what you are especially striving at ; but still no man can, I will not say do two things, espe- cially two most important things, at one time, but he can not even do entire justice to them both in his thoughts. It is our duty rather to spur on and inflame that excellent eagerness of yours, and not to transfer any portion of it to another object of care in a different direction. X. Add to these considerations the way men talk, the way /"" in which they nourish suspicion, the way in which they take dislikes. Imitate me whom you have always praised ; for I rejected a province fully appointed and provided by the sen- ate, for the purpose of discarding all other thoughts, and de- voting all my efforts to extinguishing the conflagration that threatened to consume my country. There was no one except me alone, to whom, indeed, you would, in consideration of our intimacy, have been sure to communicate any thing which concerned your interests, who would believe that the province had been decreed to you against your will. I entreat you, check, as is due to your eminent wisdom, this report, and do not seem to be desirous of that which you do not in reality care about. And you should take the more care of this point, because your colleague, a most illustrious man, can not fall under the same suspicion. He knows nothing of all that is going on here ; he suspects nothing ; he is conducting the war; he is standing in battle array; he is fighting for his blood and for his life ; he will hear of the province being de- creed to him before he could imagine that there had been time for such a proceeding. I am afraid that our armies too, which have devoted themselves to the republic, not from any compulsory lew. but of their own voluntarv zeal, will be 454 CICERO'S ORATIONS. checked in their ardor, if they suppose that we are thinking of any thing but instant war. But if provinces appear to the consuls as things to be de- sired, as they often have been desired by many illustrious men ; first restore us Brutus, the light and glory of the state ; whom we ought to preserve like that statue which fell from heaven, and is guarded by the protection of Vesta : which, as long as it is safe, insures our safety also. Then we will raise you, if it be possible, even to heaven on our shoulders ; unquestiona- bly we will select for you the most worthy provinces. But at present let us apply ourselves to the business before us. And the question is, whether we will live as freemen, or die ; for death is certainly to be preferred to slavery. What more need 1 say ? Suppose that proposition causes delay in the pursuit of Dolabella 1 ? For when will the consul arrive? Are we waitino- till there is not even a vestige of the towns and cities of Asia left ! " But they will send some one of their officers." — That will certainly be a step that I shall quite approve of; I who just now objected to giving any extraordinary military command to ever so illustrious a man if he were only a private individual. "But they will send a man worthy of such a charge." Will they send one more worthy than Publius Ser- vilius 1 ? But the city has not such a man. What then he himself thinks ought to be given to no one, not even by the senate, can I approve of that being conferred by the decision of one man? We have need, O conscript fathers, of a man ready and prepared, and of one who has a military command legally conferred on him ; and of one who, besides this, has authority, and a name, and an army, and a courage which has been already tried in his exertions for the deliverance of the republic. XL Who then is that man? Either Marcus Brutus, or Caius Cassius, or both of them. I would vote in plain words, as there are many precedents for, one consul or both, if we had not already hampered Brutus sufficiently in Greece, and if we had not preferred having his reinforcement approach nearer to Italy rather than move farther off toward Asia; not so much in order to receive succor ourselves from that army, as to enable that army to receive aid across the water. Besides, O conscript fathers, even now Caius Antonius is de- taining Marcus Brutus, for lie occupies Apollonia, a large and important city; he occupies, as I believe, Byllis ; lie occupies THE ELEVENTH PHILIPPIC. 455 Amantia ; he is threatening Epirus ; he is pressing on IUyri- cum ; he has with him several cohorts, and he has cavalry. If Brutus be transferred from this district to any other war, we shall at all events lose Greece. We must also provide for the safety of Brundusium and all that coast of Italy. Al- though I marvel that Antonius delays so long; for he is ac- customed usually to put on his marching dress, and not to endure the fear of a siege for any length of time. But if Brutus has finished that business, and perceives that he can better serve the republic by pursuing Dolabella than by re- maining in Greece, he will act of his own head, as he has hith- erto done ; nor amid such a general conflagration will he wait for the orders of the senate when instant help is required. For both Brutus and Cassius have in many instances been a senate to themselves. For it is quite inevitable that in such a confusion and disturbance of all things men should be guided by the present emergency rather than by precedent. Nor will this be the first time that either Brutus or Cassius has con- sidered the safety and deliverance of his country his most holy law and his most excellent precedent. Therefore, if there were no motion submitted to us about the pursuit of Dola- bella, still I should consider it equivalent to a decree, when there were men of such a character for virtue, authority, and the greatest nobleness, possessing armies, one of which is already known to us, and the other has been abundantly heard of. XII. Brutus then, you may be sure, has not waited for our decrees, as he was sure of our desires. For he is not gone to his own province of Crete ; he has flown to Macedonia, which belonged to another; he has accounted every thing his own which you have wished to be yours; he has enlisted new le- gions ; he has received old ones ; he has gained over to his own standard the cavalry of Dolabella, and, even before that man was polluted with such enormous parricide, he, of his own head, pronounced him his enemy. For if he were not one, by what right could he himself have tempted the cavalry to abandon the consul % What more need I say? Did not Caius Cassius, a man endowed with equal greatness of mind and with equal wisdom, depart from Italy with the deliberate object of preventing Dolabella from obtaining possession of Syria? By what law? By what right? By that which Jupiter himself has sanctioned, that every thing which was 456 CICERO'S ORATIONS. advantageous to the republic should be considered legal and just. For law is nothing but a correct principle drawn from the inspiration of the gods, commanding what is honest, and for- bidding the contrary. Cassius, therefore, obeyed this law when he went into Syria ; a province which belonged to an- other, if men were to abide by the written laws ; but which, when these were trampled under foot, was his by the law of nature. But in order that they may be sanctioned by your authority also, I now give my vote, that, " As Publius Dolabella, and those who have been the min- isters of and accomplices and assistants in his cruel and in- famous crime, have been pronounced enemies of the Roman people by the senate, and as the senate has voted that Publius Dolabella shall be pursued with war, in order that he who has violated all laws of men and gods by a new and unheard-of and inexpiable wickedness, and has committed the most in- famous treason against his country, may suffer the punish- ment which is his due, and which he has well deserved at the hands of gods and men ; the senate decrees that Caius Cassius, proconsul, shall have the government of Syria as one appoint- ed to that province with all due form ; and that he shall re- ceive their armies from Quintus Marcius Crispus, proconsul, from Lucius Statius Murcus, proconsul, from Aulus Allienus, lieutenant, and that they shall deliver them up to him ; and that he, with these troops and with any more which he may have got from other quarters, shall pursue Dolabella with war both by sea and land ; that, for the sake of carrying on war, he shall have authority and power to buy ships, and sailors, and money, and whatever else may be necessary or useful for the carrying on of the war, in whatever places it seems fitting to him to do so, throughout Syria. Asia, Bithynia, and Pon- tus ; and that, in whatever province he shall arrive for the purpose of carrying on that war, in that province as soon as Caius Cassius, proconsul, shall arrive in it, the power of Caius Cassius, proconsul, shall be superior to that of him who may be the regular governor of the province at the time. That king Deiotarus the father, and also king Deiotarus the son, if they assist Caius Cassius, proconsul, with their armies and treasures, as they have heretofore often assisted the generals of the Roman people, will do a thing which will be grateful fco the senate and people of Pome ; and that also, if the rest THE ELEVENTH PHILIPPIC. 457 of the kings and tetrarchs and governors in those districts do the same, the senate and people of Rome will not be forgetful of their loyalty and kindness ; and that Caius Pansa and Au- lus Hirtius the consuls, one or both of them, as it seems good to them, as soon as they have re-established the republic, shall at the earliest opportunity submit a motion to this order about the consular and praetorian provinces ; and that, in the mean time, the provinces should continue to be governed by those officers by whom they are governed at present, until a suc- cessor be appointed to each by a resolution of the senate." XLTL By this resolution of the senate you will inflame the existing ardor of Cassius, and you will give him additional arms ; for you can not be ignorant of his disposition, or of the resources which he has at present. His disposition is such as you see; his resources, which you have heard stated to you, are those of a gallant and resolute man, who, even while Tre- bonius was alive, would not permit the piratical crew of Dola- bella to penetrate into Syria. Allienus, my intimate friend and connection, who went thither after the death of Trebo- nius, will not permit himself to be called the lieutenant of Dolabella. The army of Quintus Cascilius Bassns, a man in- deed without any regular appointment, but a brave and emi- nent man, is vigorous and victorious. The army of Deiotarus the king, both father and son, is very numerous, and equipped in our fashion. Moreover, in the son there is the greatest hope, the greatest vigor of genius and a good disposition, and the most eminent valor. "Why need I speak of the father? whose good-will toward the Roman people is coeval with his life ; who has not only been the ally of our commanders in their wars, but has also served himself as the general of his own troops. What great things have Sylla, and Murena, and Servilius, and Lucullus said of that man ; what compli- mentary, what honorable and dignified mention have they often made of him in the senate ! Why should I speak of Cnasus Pompeius ? who considered Deiotarus the only friend and real well-wisher from his heart, the only really loyal man to the Roman people in the whole world % We were generals, Mar- cus Bibulus and I, in neighboring provinces bordering on his kingdom ; and we were assisted by that same monarch both with cavalry and infantry. Then followed this most misera- ble and disastrous civil war ; in which I need not say what Deiotarus ought to have done, or what would have been the U 458 CICERO'S ORATIONS. most proper course which he could have adopted, especially as victory decided for the party opposed to the wishes of Deio- tarus. And if ir- that war he committed any error, he did sc in common with the senate. If his judgment was the right one, then even though defeated it does not deserve to be blamed. To these resources other kings and other levies of troops will be added. Nor will fleets be wanting to us ; so greatly do the Tynans esteem Cassius, so mighty is his name in Syria and Phoenicia. XIV. The republic, O conscript fathers, has a general ready against Dolabella, in Caius Cassius, and not ready only, but also skillful and brave. He performed great exploits before the arrival of Bibulus, a most illustrious man, when he de- feated the most eminent generals of the Parthians and their innumerable armies, and delivered Syria from their most for- midable invasion. I pass over his greatest and most extraor- dinary glory ; for as the mention of it is not yet acceptable to every one, we had better preserve it in our recollection than by bearing testimony to it with our voice. I have noticed, O conscript fathers, that some people have said before now, that even Brutus is too much extolled by me, that Cassius is too much extolled ; and that by this proposi- tion of mine absolute power and quite a principality is con- ferred upon Cassius. Whom do I extol 1 ? Those who are themselves the glory of the republic. What ? have I not at all times extolled Decimus Brutus whenever I have delivered my opinion at all? Do you then find fault with me? or should I rather praise the Antonii, the disgrace and infamy not only of their own families, but of the Roman name ? or should I speak in favor of Censorinus, an enemy in time of war, an assassin in time of peace ? or should I collect all the other ruined men of that band of robbers ? But I am so far from extolling those enemies of tranquillity, of concord, of the laws, of the courts of justice, and of liberty, that I can not avoid hating them as much as I love the republic. "Beware," says one, "how you offend the veterans." For this is what I am most constantly told. But I certainly ought to protect the rights of the veterans; of those at least who are well dis- posed; but surely I ought not to fear them. And those vet- erans who have taken up arms in the cause of the republic, ami have followed Caius Caesar, remembering the kindnesses which they received from his father, and who at this day aiy THE ELEVENTH PHILIPPIC. 459 i defending the republic to their own great personal danger, — those I ought not only to defend, but to seek to procure addi- tional advantages for them. But those also who remain quiet, such as the sixth and eighth legion, I consider worthy of great glory and praise. But as for those companions of Antonius, who after they have devoured the benefits of Caesar, besiege the consul elect, threaten this city with fire and sword, and have given themselves up to Saxa and Capho, men born for crime and plunder, who is there who thinks that those men ought to be defended 1 Therefore the veterans are either good men, whom we ought to load with distinctions ; or quiet men, whom we ought to preserve ; or impious ones, against whose phrensy we have declared war and taken up legitimate arms. XV. Who then are the veterans whom we are to be fearful of offending? Those who are desirous to deliver Decimus Brutus from siege? for how can those men, to whom the safe- ty of Brutus is dear, hate the name of Cassius? Or those men who abstain from taking arms on either side ? I have no fear of any of those men who delight in tranquillity becom- ing a mischievous citizen. But as for the third class, whom I call not veteran soldiers, but infamous enemies, I wish to inflict on them the most bitter pain. Although, O conscript fathers, how long are we to deliver our opinions as it may please the veterans ! why are we to yield so much to their haughtiness ! why are we to make their arrogance of such im- portance as to choose our generals with reference to their pleasure ? But I (for I must speak, O conscript fathers, what I feel) think that we ought not so much to regard the veter- ans, as to look at what the young soldiers, the flower of Italy — at what the new legions, most eager to effect the deliver- ance of their country — at what all Italy will think of your wisdom. For there is nothing which flourishes forever. Age succeeds age. The legions of Caesar have flourished for a long time ; but now those who are flourishing are the legions of Pansa, and the legions of Hirtius, and the legions of the son of Casar, and the legions of Plancus. They surpass the vet- erans in number ; they have the advantage of youth ; more- over, they surpass them also in authority. For they are en- gaged in waging that war which is approved of by all nations. Therefore, rewards have been promised to these latter. To the former they have been already paid ; — let them enjoy them. But let these others have those rewards given to them 400 CICERO'S ORATIONS. which we have promised them. For that is what I hope that the immortal gods will consider just. And as this is the case, I give my vote for the proposition which I have made to you, O conscript fathers, being adopted by you. THE TWELFTH ORATION OF M. T. CICERO AGAINST MAR- CUS ANTONIUS. CALLED ALSO THE TWELFTH PHILIPPIC. THE ARGUMENT. Decimus Brutus was in such distress in Mutina, that his friends began to be alarmed, fearing that, if he fell into the hands of Antonius, he would be treated as Trebonius had been. And, as the friends of An- tonius gave out that he was now more inclined to come to terms with the senate, a proposition was made and supported by Pansa, to send a second embassy to him. And even Cicero at first consented to it, and allowed himself to be nominated with Servilius and throe other senators, all of consular rank ; but on more mature reflection he was convinced that he had been guilty of a blunder, and that the object of Antonius and his friends was only to gain time for Ventidius to join him with his three legions. Accordingly, at the next meeting of the senate, he delivered the following speech, retracting his former sanction of the proposed embassy. And he spoke so strongly against it, that the meas- ure was abandoned, and Pansa soon afterward marched with Ins army to join Hirtius and Octavius, with the intention of forcing Antonius to a battle. I. Although, O conscript fathers, it seems very unbecom- ing for that man whose counsels you have so often adopted in the most important affairs, to be deceived and deluded, and to commit mistakes ; yet I console myself, since I made the mis- take in company with you, and in company also with a consul of the greatest wisdom. For when two men of consular rank had brought us hope of an honorable peace, they appeared, as being friends and extremely intimate with Marcus Antonius, to be aware of some weak point about him with which we were unacquainted. His wife and children are in the house of one ; the other is known every day to send letters to, to re- ceive letters from, and openly to favor Antonius. These men, then, appeared likely to have some reason for exhorting us to peace, which they had done for some time. THE TWELFTH PHILIPPIC. 461 The consul, too, added the weight of his exhortation ; and what a consul! If we look for prudence, one who was not easily to be deceived ; if for virtue and courage, one who would never admit of peace unless Antonius submitted and confessed himself to be vanquished ; if for greatness of mind, one who would prefer death to slavery. You, too, O conscript fathers, appeared to be induced to think not of accepting but of imposing conditions, not so much because you were forget- ful of your most important and dignified resolutions, as be- cause you had hopes suggested you of a surrender on the part of Antonius, which his friends preferred to call peace. My own hopes, and I imagine yours also, were increased by the circumstance of my hearing that the family of Antonius was overwhelmed with distress, and that his wife was incessantly lamenting. And in this assembly, too, I saw that the parti- sans, on whose countenance my eyes are always dwelling, looked more sorrowful than usual. And if that is not so, why on a sudden has mention been made of peace by Piso and Calenus of all people in the world, why at this particular moment, why so unexpectedly? Piso declares that he knows nothing, that he has not heard any thing. Calenus declares that no news has been brought. And they make that state- ment now, after they think that we are involved in a pacific embassy. What need have we, then, of any new determina- tion, if no new circumstances have arisen to call for one % II. "We have been deceived, — we have, I say, been deceived, conscript fathers. It is the cause of Antonius that has been pleaded by his friends, and not the cause of the public. And 1 did indeed see that, though through a sort of mist ; the safe- ty of Decimus Brutus had dazzled my eyesight. But if in war, substitutes were in the habit of being given, I would gladly al- low mvself to be hemmed in, so Ions; as Decimus Brutus might be released. But we were caught by this expression of Quin- tus Fufius ; " Shall we not listen to Antonius, even if he re- tires from Mutinal Shall we not, even if he declares that he will submit himself to the authority of the senate ?" It seem- ed harsh to say that. Thus it was that we were broken ; we yielded. Does he then retire from Mutina? "I don't know." Is he obeying the senate? "I think so," says Calenus, "but so as to preserve his own dignity at the same time." You then, O conscript fathers, are to make great exertions for the express purpose of losing your own dignity,, which is very 462 CICERO'S ORATIONS. great, and of preserving that of Antonius, which neither has nor can have any existence ; and of enabling him to recover that by your conduct, which he has lost by his own. " But, however, that matter is not open for consideration now ; an embassy has been appointed." But what is there which is not open for consideration to a wise man, as long as it can be remodeled? Any man is liable to a mistake ; but no one but a downright fool will persist in error. For second thoughts, as people say, are best. The mist which I spoke of just now is dispelled : light has arisen : the case is plain : we see every thing, and that not by our own acuteness, but we are warned by our friends. You heard just now what was the statement made by a most admirable man. I found, said he, his house, his wife, his children, all in great distress. Good men marveled at me, my friends blamed me for having been led by the hope of peace to undertake an embassy. And no wonder, O Pub- lius Servilius. For by your own most true and most weighty arguments Antonius was stripped, I do not say of all dignity, but of even every hope of safety. Who would not wonder if you were to go as an embassador to him? I judge by my own case ; for with regard to myself I see how the same de- sign as you conceived is found fault with. And are we the only people blamed ? What 1 did that most gallant man speak so long and so precisely a little while ago without any reason? What was he laboring for, except to remove from himself a groundless suspicion of treachery? And whence did that suspicion arise? From his unexpected advocacy of peace, which he adopted all on a sudden, being taken in by the same error that we were. But if an error has been committed, O conscript fathers, owing to a groundless and fallacious hope, let us return into the right road. The best harbor for a penitent is a change of intention. III. For what, in the name of the immortal gods I what good can our embassy do to the republic ? What good, do I say? What will you say if it will even do us harm ? Will do us harm? What if it already has done us harm ! Do you suppose that that most energetic and fearless desire shown by the Roman people for recovery of their liberty has been damp- ed and weakened by hearing of this embassy for peace? What do you think the municipal towns feel? and the colonies? ? THE TWELFTH PHILIPPIC. 463 AHiat do you think will be the feelings of all Italy ? Do you suppose that it will continue to glow with the same zeal with which it burned before to extinguish this common conflagra- tion ? Do we not suppose that those men will repent of hav- ing professed and displayed so much hatred to Antonius, who promised us money and arms ; who devoted themselves wholly, body, heart, and soul, to the safety of the republic? How will Capua, which at the present time feels like a second Rome, approve of this design of yours? That city pronounced them impious citizens, cast them out, and kept them out. Anto- nius was barely saved from the hands of that city, which made a most gallant attempt to crush him. Need I say more? Are we not by these proceedings cutting the sinews of our own le- gions ; for what man can engage with ardor in a war, when the hope of peace is suggested to him 1 Even that godlike and divine Martial legion will grow languid at and be cowed by the receipt of this news, and will lose that most noble title of Martial ; their swords will fall to the ground ; their weap- ons will drop from their hands. For, following the senate, it will not consider itself bound to feel more bitter hatred against Antonius than the senate. I am ashamed for this legion, I am ashamed for the fourth legion, which, approving of our authority with equal virtue, abandoned Antonius, not looking upon him as their consul and general, but as an enemy and attacker of their country. I am ashamed for that admirable army which is made up of two armies; which has now been reviewed, and which has started for Mutina, and which, if it hears a w r ord of peace, that is to say, of our fear, even if it does not return, will at all events halt. For who, when the senate recalls him and sounds a retreat, will be eager to engage in battle ? l TV. For what can be more unreasonable than for us to pass resolutions about peace without the knowledge of those men who wage the war? And not only without their knowl- edge, but even against their will ? Do you think that Aulus Hirtius, that most illustrious consul, and that Caius Caesar, a man born by the especial kindness of the gods for this especial crisis, whose letters, announcing their hope of victory, I hold in my hand, are desirous of peace ? They are anxious to conquer ; and they wish to obtain that most delightful and 1 Compare St. Paul, — " For if the trumpet give an uncertain sound, who shall prepare himself to the battle 1" 1 Cor. xiv. 8. 464 CICERO'S ORATIONS. i. beautiful condition of peace, as the consequence of victory, not of some agreement. What more? With what feelings do you think that Gaul will hear of this proceeding? For that province performs the chief part in repelling, and man- aging, and supporting this war. Gaul, following the mere nod, for I need not say the command of Decimus Brutus, has strengthened the beginning of the war with her arms, her men, and her treasures: she has exposed the whole of her body to the cruelty of Marcus Antonius : she is drained, laid waste, attacked with fire and sword. She is enduring all the injuries of war with equanimity, contented as long as she can ward off the danger of slavery. And, to say nothing of the other parts of Gaul (for they are all alike), the people of Pa- tavium have excluded some men who were sent to them by Antonius, and have driven out others, and have assisted our generals with money and soldiers, and with what was above all things wanting, arms. The rest have done the same ; even those who formerly were of the party of Antonius, and who were believed to have been alienated from the senate by the injuries of many years. Men, who indeed there is no great reason to wonder at being faithful noAv, after the freedom of the republic has been shared with them, when, even before they had been admitted to those privileges, they always be- haved with loyalty and good faith. Y. All these men, then, who are now sanguine of victory, we are to meet with the name of peace ; that is to say, with a complete despair of victory. What more 1 What if it is even absolutely impossible for there to be any real peace at all ? For what sort of peace is that in which nothing can be granted to the man with whom one is making peace ? Antonius has been invited to peace by us by many circumstances ; but he has preferred war. Em- bassadors were sent. I opposed it, indeed, but still they were sent. Commands were taken to him : he did not obey them. He was ordered not to besiege Brutus, and to retire from be- fore Mutina. He attacked that town even more vigorously. And shall we send an embassy to treat of peace to a man who lias rejected embassadors of peace? Do we suppose that when we talk to him face to face he will be more moderate in his demands than he was when he sent commands to the sen- ate? But at that time he demanded things which appeared indeed unreasonable, but still such as it might have been pos- THE TWELFTH PHILIPPIC. 4Go sible to concede ; he had not at that time been branded by such heavy and such numerous decisions and condemnations of yours. At present he is demanding things which we can not by any possibility grant, unless we are willing first to con- fess ourselves defeated in war. We have pronounced that resolutions of the senate which have been produced by him are forged. Can we now pro- nounce them genuine ? We have declared that laws have been carried by him by means of violence, and in a manner contrary to the auspices, and that neither the burgesses nor the common people are bound by them. Do you consider it possible that those laws should be re-established ? You have judicially decided that Antonius has embezzled seven hundred millions of sesterces of the public money. Can he now be re- leased from the charge of peculation? Exemptions, grants of the freedom of the city, priesthoods, kingdoms have been sold by him. Can those tablets again be put up which you took down by your decrees"? VI. But if we can rescind those decrees which we have passed, can we also efface the memory of the facts? For where will any posterity forget to whose wickedness it was owing that we have been arrayed in these unseemly garments'? Although the blood of the centurions of the Martial legion shed at Brundusium be washed out. can the notoriety of that inhuman act be washed out too ? To pass over things which happened in the interval, what lapse of time will ever efface the foul memorials of his military works around Mutina, the tokens of his wickedness, the traces of his piratical conduct ? What then, in the name of the immortal gods! have we which we can grant in the way of concession to this polluted and impious parricide ? Are we to yield up to him the far- ther Gaul, and an army? This is not making peace, but only deferring war. Indeed, it is not only prolonging the war, but even conceding the victory. Is it not a victory for him to enter this city with his troops, on any conditions whatever ? At present we are masters of every thing by our arms ; we are of great influence from the authority of this order ; num- bers of desperate citizens are absent, following their infamous leader; and still we can not bear the countenances or support the language of those men who are left behind in the city out of their number. What do you think will be the result when U2 466 CICERO'S ORATIONS. such numbers force their way into the city at one time ? when we have laid aside our arms, and they have not laid aside theirs 1 ? Must we not be defeated for everlasting, in conse- quence of our own counsels? Place before your eyes Marcus Antoni us, as a man of con- sular rank ; add to him Lucius, hoping to obtain the consul- ship ; join to them all the rest, and those too not confined to our order, who are fixing their thoughts on honors and com- mands. Do not despise the Tiros, and the Numisii, or the Mustellre, or the Seii. A peace made with those men will not be peace, but a covenant of slavery. That was an admirable expression of Lucius Piso, a most honorable man, and one which has been deservedly praised by you, O Pansa, not only in this order, but also in the assembly of the people. He said, that he would depart from Italy, and leave his household gods and his native home, if (but might the gods avert such a dis- aster!) Antonius overwhelmed the republic. VII. I ask, therefore, of you, O Lucius Piso, whether you would not think the republic overwhelmed if so many men of such impiety, of such audacity, and such guilt, were admitted into it? Can you think that men whom we could hardly bear when they were not yet polluted with such parricidal treasons, will be able to be borne by the city now that they are im- mersed in every sort of wickedness"? Believe me, we must either adopt your plan, and retire, depart, embrace a life of indigence and wandering, or else we must offer our throats to those robbers, and perish in our country. What has become, O Caius Pansa, of those noble exhortations of yours, by which the senate was roused, and the Roman people stimulated, not only hearing but also learning from you that there is nothing more disgraceful to a Roman than slavery ? Was it for this that we assumed the garb of war, and took arms, and roused up all the youth all over Italy, in order that, while we had a most flourishing and numerous army, we might send embas- sadors to treat for peace ? If that peace is to be received by others, why do we not wait to be entreated for it? If our embassadors are to beg it, what is it that we are afraid of ? Shall I make one of this embassy, or shall I be mixed up with this design, in which, even if I should dissent from the rest of my colleagues, the Roman people will not know it I The result will be, that if any thing be granted or conceded, it will be my danger if Antonius commits any pffenses, THE TWELFTH PHILIPPIC. 469 IX. Even here, when I was in the city and at home, nev- ertheless many attempts were made against me, in a place where I have not only the fidelity of my friends but the eyes also of the entire city to guard me. "What do you think will be the case when I have gone on a journey, and that too a long one I Do you think that I shall have no occasion to fear plots then ? There are three roads to Mutina ; a place which my mind longs to see, in order that I may behold as speedily as possible that pledge of freedom of the Roman people Decimus Brutus ; in whose embrace I would willingly yield up my parting breath, when all my actions for the last many months, and all my opinions and propositions have re- sulted in the end which I proposed to myself. There are, as I have said, three roads ; the Flaminian road, along the Adri- atic ; the Aurelian road, along the Mediterranean coast ; the Midland road, which is called the Cassian. Now, take notice, I beg of you, whether my suspicion of danger to myself is at variance with a reasonable conjecture. The Cassian road goes through Etruria. Do we not know then, O Pahsa, over what places the authority of Lenti Cae- sennius, as a septemvir, prevails at present 1 He certainly is not on our side either in mind or bodv. But if he is at home, or not far from home, he is certainly in Etruria ; that is, in my road. "Who, then, will undertake to me that Lenti will be content with exacting one life alone ? Tell me besides, O Pansa, where Ventidius is, — a man to whom I have always been friendly before he became so openly an enemy to the re- public and to all good men. I may avoid the Cassian road, and take the Flaminian. What if, as it is said, Yentidius has arrived at Ancona ? Shall I be able in that case to reach Ariminum in safety 1 The Aurelian road remains ; and here too I shall find a protector ; for on that road are the poses- sions of Publius Clodius. His whole household will come out to meet me ; and will invite me to partake of their hospital- ity, on account of my notorious intimacy with their master? X. Shall I then trust myself to those roads — I who lately, on the day of the feast of Terminus, did not dare even to go into the suburbs and return by the same road on the same day? I can scarcely defend myself within the walls of my own house without the protection of my friends ; therefore I remain in the city ; and if I am allowed to do so I w r ill re- main. This is my proper place, this is my beat, this is my 470 CICERO'S ORATIONS* post as a sentinel, this is my station as a defender of the city. Let others occupy camps and kingdoms, and engage in the conduct of the war ; let them show the active hatred of the enemy ; we, as we say, and as we have always hitherto done, will, in common with you, defend the city and the affairs of the city. Nor do I shrink from this office ; although I see the Roman people shrink from it for me. No one is less timid than I am ; no one more cautious. The facts speak for themselves. This is the twentieth year that I have been a mark for the attempts of all wicked men ; therefore, they have paid to the republic (not to say to me) the penalty of their wickedness. As yet the republic has preserved me in safety for itself. I am almost afraid to say what I am going to say ; for I know that any accident may happen to a man ; but still, when I was once hemmed in by the united force of many most influential men, I yielded voluntarily, and fell in such a manner as to be able to rise again in the most honor- able manner. Can I, then, appear as cautious and as prudent as I ought to be if I commit myself to a journey so full of enemies and dangers to me ? Those men who are concerned in the gov- ernment of the republic ought at their death to leave behind them glory, and not reproaches for their fault, or grounds for blaming their folly. What good man is there who does not mourn for the death of Trebonius? Who is there who does not grieve for the loss of such a citizen and such a man? But there are men who say (hastily indeed, but still they do say so), that he deserves to be grieved for less because he did not take precautions against a desperately wicked man. In truth, a man who professes to be himself a defender of many men, wise men say, ought in the first place to show himself able to protect his own life. I say, that when one is fenced round by the laws and by the fear of justice, a man is not bound to be afraid of every thing, or to take precautions against all imaginable designs ; for who would dare to attack a man in daylight, on a military road, or a man who was well attended, or an illustrious man 1 But these considerations have no bearing on the present time, nor in my case; for not only would a man who offered violence to me have no fear of punishment, but he would even hope to obtain glory and re- wards from those bands of robbers. XI. These dangers I. can guard against in the city; *t i* THE TWELFTH PHILIPPIC. 471 easy for me to look around and see where I am going out from, whither I am going, what there is on my right hand, and on my left. Shall I be able to do the same on the roads of the Apennines 1 in which, even if there should be no am- bush, as there easily may be, still my mind will be kept in such a state of anxiety as not to be able to attend to the duties of an embassy. But suppose I have escaped all plots against me, and have passed over the Apennines ; still I have to en- counter a meeting and conference with Antonius. What place am I to select ? If it is outside the camp, the rest may look to themselves, — I think that death would come upon me in- stantly. I know the phrensy of the man ; I know his unbridled violence. The ferocity of his manners and the savageness of his nature is not usually softened even by wine. Then, in . flamed by anger and insanity, with his brother Lucius, that foulest of beasts, at his side, he will never keep his sacrilegious and impious hands from me. I can recollect conferences with most bitter enemies, and with citizens in a state of the most bitter disagreement. CnaBus 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 Yettius Scato, the general of the Marsians, between the camps. And I recollect that Sex- tus Pompeius, the brother of the consul, a very learned and wise man, came thither from Eome to the conference. And when Scato had saluted him, "What," said he, "am I to call youf — "Call me/' said he, "one who is by inclination a friend, by necessity an enemy." That conference was con- ducted with fairness ; there was no fear, no suspicion ; even their mutual hatred was not great ; for the allies were not 6eeking to take our city from us, but to be themselves admit- ted to share the privileges of it. Sylla and Scipio, one at- tended by the flower of the nobility, the other by the allies, had a conference between Cales and Teanum, respecting the authority of the senate, the suffrages of the people, and the privileges of citizenship ; and agreed upon conditions and stipulations. Good faith was not strictly observed at that conference ; but still there was no violence used, and no dan- ger incurred. XII. But can we be equally safe among Antonius's pirat- ical crew ? We can not ; or, even if the rest can, I do not believe that I can. W T hat will be the case if we are not to ^72 CICERO'S ORATIONS. confer out of the camp ! What camp is to be chosen for the conference 1 He will never come into our camp ; — much less will we go to his. It follows then, that all demands must be received and sent to and fro by means of letters. We then shall be in our respective camps. On all his demands I shall have but one opinion ; and when I have stated it here, in your hearing, you may think that I have gone, and that I have come back again. — I shall have finished my embassy. As far as my sentiments can prevail I shall refer every demana which Antonius makes to the senate. For, indeed, we havb no power to do otherwise ; nor have we received any com- mission from this assembly, such as, when a war is termim ated, is usually, in accordance with the precedents of youi ancestors, intrusted to the embassadors. Nor, in fact, have we received any particular commission from the senate at all. And, as I shall pursue this line of conduct in the council, where some, as I imagine, will oppose it, have I not reason to fear that the ignorant mob may think that peace is delayed by my means'? Suppose now that the new legions do not disapprove of my resolution. For I am quite sure that the Martial legion and the fourth legion will not approve of any thing which is contrary to dignity and honor. What then ? have we no regard for the opinion of the veterans ? For evep they themselves do not wish to be feared by us. — Still, how will they receive my severity? For they have heard many false statements concerning me ; wicked men have circulated among them many calumnies against me. Their advantage indeed, as you all are most perfect witnesses of, I have always promoted by my opinion, by my authority, and by my lan- guage. But they believe wicked men, they believe seditious men, they believe their own party. They are, indeed, brave men ; but by reason of their exploits which they have per- formed in the cause of the freedom of the Roman people and of the safety of the republic, they are too ferocious and too much inclined to brin<>; all our counsels under the swav of their own violence. Their deliberate reflection I am not afraid of, but I confess 1 dread their impetuosity. If I escape all these great dangers too, do you think my re- turn will be completely safe? For when I have, according to my usual custom, defended your authority, and have proved my good faith toward the republic, and my firmness; then I shall have to fear, not those men alone who hate me, but those THE THIRTEENTH PHILIPPIC. 473 also who envy me. Let my life then be preserved for the republic, let it be kept for the service of my country as long as my dignity or nature will permit ; and let death either be the necessity of fate, or, if it must be encountered earlier, let it be encountered with glory. This being the case, although the republic has no need (to say the least of it) of this embassy, still if it be possible for me to go on it in safety, I am willing to go. Altogether, O conscript fathers, I shall regulate the whole of my conduct in this affair, not by any consideration of my own danger, but by the advantage of the republic. And, as I have plenty of time, I think that it behooves me to deliberate upon that over and over again, and to adopt that line of conduct which I shall judge to be most beneficial to the republic. THE THIRTEENTH ORATION OF M. T. CICERO AGAINST MARCUS ANTONIUS. CALLED ALSO THE THIRTEENTH PHILIPPIC. THE ARGUMENT. Antonius wrote a long letter to Hirtius and to Octavius, to persuade them that they were acting against their true interests and dignity in com- bining with the slayers of Julius Caesar against him. But they, instead of answering this letter, sent it to Cicero at Rome. At the same time Lepidus wrote a public letter to the senate to exhort them to measures of peace ; and to a reconciliation with Antonius ; and took no notice of the public honours which had been decreed to him in compliance with Cicero's motion. The senate was much displeased at this. They agreed, however, to a proposal of Servilius — to thank Lepidus for hia love of peace, but to desire him to leave that to them ; as there could be no peace till Antonius had laid down his arms. But Antonius's friends were encouraged by Lepidus's letter to renew their suggestions of a treaty ; which caused Cicero to deliver the following speech to th«, senate for the purpose of counteracting the influence of their argu. mente. I. From the first beginning, O conscript fathers, of thi? war which we have undertaken against those impious and wicked citizens, I have been afraid lest the insidious proposals of peace might damp our zeal for the recovery of our liberty. For the name of peace is sweet ; and the thing itself not only 474 CICERO'S ORATIONS. pleasant but salutary. For a man seems to have no affection either for the private hearths of the citizens, nor for the pub- lic laws, nor for the rights of freedom, who is delighted with discord and the slaughter of his fellow-citizens, and with civil war; and such a man I think ought to-be erased from the catalogue of men, and exterminated from all human society. Therefore, if Sylla, or Marius, or both of them, or Octavius, or Cinna, or Sylla for the second time, or the other Marius and Carbo, or if any one else has ever wished for civil war, I think that man a citizen born for the detestation of the republic. For why should I sreak of the last man who stir- red up such a war ; a man whose acts, indeed, we defend, while we admit that the*author of them was deservedly slain ? Nothing, then, is more infamous than such a citizen or such a man ; if indeed he deserves to be considered either a citizen or a man, who is desirous of civil war. But the first thing that we have to consider, O conscript fa- thers, is whether peace can exist with all men, or whether there be any war incapable of reconciliation, in which any agree- ment of peace is only a covenant of slavery. Whether Sylla was making peace with Scipio, or whether he was only pre- tending to do so, there was no reason to despair, if an agree- ment had been come to, that the city might have been in a tolerable state. If Cinna had been willing to agree with Oc- tavius, the safety of the citizens might still have had an exist- ence in the republic. In the last war, if Pompeius had relax- ed somewhat of his dignified firmness, and Caesar a good deal -of his ambition, we might have had both a lasting peace, and Borne considerable remainder of the republic. II. But what is the state of things now? Is it possible for there to be peace with Antonius 1 ? with Censorinus, and Ventidius, and Trebellius, and Bestia, and Nucula, and Mu- natius, and Lento, and Saxa? I have just mentioned a few names as a specimen ; you yourselves see the countless num- bers and savage nature of the rest of the host. Add, besides the wrecks of Caesar's party, the Barbae Cassdi, the Barbatii, the Pollios ; add the companions and fellow-gamblers of An- tonius, Eutrapelus, and Mela, and Coelius, and Pontics, and Crassicius, and Tiro, and Mustela, and Petissius ; I say no- thing of the main body, I am only naming the leaders. To these are added the legionaries of the Alauda and the rest of the veterans, the seminary of the judges of the third decury ,• THE THIRTEENTH PHILIPPIC, 475 who, having exhausted their own estates, and squandered all the fruits of Caesar's kindness, have now set their hearts on our fortunes. Oh that trustworthy right hand of AntoniuSj with which he has murdered many citizens ! Oh that reg- ularly ratified and solemn treaty which we made with the Antonii ! Surely if Marcus shall attempt to violate it, the conscientious piety of Lucius will call him back from such wickedness. If there is any room allowed these men in this city, there will be no room for the city itself. Place before your eyes, O conscript fathers, the countenances of those men, and especially the countenances of the Antonii. Mark their gait, their look, their face, their arrogance ; mark those friends of theirs who walk by their side, who follow them, who precede them. What breath reeking of wine, what insolence, what threatening language do you not think there will be there? Unless, indeed, the mere fact of peace is to soften them, and unless you expect that, especially when they come into this as- sembly, they will salute every one of us kindly, and address us courteously. ILT. Do you not recollect, in the name of the immortal gods! what resolutions you have given utterance to against those men 1 You have repealed the acts of Marcus Antonius ; you have taken down his laws; you have voted that they were carried by violence, and with a disregard of the auspices ; you have called out the levies throughout all Italy ; you have pronounced that colleague and ally of all wickedness a public enemy. What peace can there be with this man ? Even if he were a foreign enemy, still, after such actions as have taken place, it would be scarcely possible, by any means whatever, to have peace. Though seas and mountains, and vast regions lay between you, still you would hate such a man without seeing him. But these men will stick to your eyes, and when they can, to your very throats ; for what fences will be strong enough for us to restrain savage beasts ? — Oh, but the result of war is uncertain. It is at all events in the power of brave men, such as you ought to be, to display your valor (for cer- tainly brave men can do that), and not to fear the caprice of fortune. But since it is not only courage but wisdom also which is expected from this order (although these qualities appear scarcely possible to be separated, still let us separate them here), courage bids us fight, inflames our just hatred, urges 47 G CICERO'S ORATIONS us to the conflict, summons us to danger. What says wisdom 1 She uses more cautious counsels, she is provident for the fu- ture, she is in every respect more on the defensive. What then does she think? for we must obey her, and we are bound to consider that the best thing which is arranged in the most prudent manner. If she enjoins me to think nothing of more consequence than my life, not to fight at the risk of my life, but to avoid all danger, 1 will then ask her whether I am also to become a slave when I have obeyed all these injunctions'? If she says, yes ; I for one will not listen to that Wisdom, however learned she may be ; but if the answer is, Preserve your life and your safety, Preserve your fortune, " Preserve your estate, still, however, considering all these things of less value than liberty ; therefore enjoy these things if you can do so consistently with the freedom of the republic, and do not abandon liberty for them, but sacrifice them for liberty, as proofs of the injury you have sustained;" — then I shall think that I really am listening to the voice of Wisdom, and I will obey her as a god. Therefore, if when we have received those men we can still be free, let us subdue our hatred to them, and endure peace; but if there can be no tranquillity while those men are in safety, then let us rejoice that an opportu- nity of fighting them is put in our power. For so, either (these men being conquered) we shall enjoy the republic vic- torious, or, if we be defeated (but may Jupiter avert that dis- aster), we shall live, if not with an actual breath, at all events in the renown of our valor. IV. But Marcus Lepidus, having been a second time styled Imperator, Pontifex Maximus, a man who deserved excellent- ly well of the republic in the last civil war, exhorts us to peace. No one, O conscript fathers, has greater weight with me than Marcus Lepidus, both on account of his personal vir- tues, and by reason of the dignity of his family. There are also private reasons which influence me, such as great services he has done me, and some kindnesses which I have done him. But the greatest of his services I consider to be his being of such a disposition as he is toward the republic, which has at all times been dearer to me than my life. For when by his influence he inclined Magnus Pompeius, a most admirable young man, the son of one of the greatest of men, to peace, and without arms released the republic from imminent dan- ger of civil war, by so doing he laid me under as great obli THE THIRTEENTH PHILIPPIC. 47f gations as it was in the power of any man to do. There- fore I proposed to decree to him the most ample honors that were in my power, in which you agreed with me ; nor have I ceased both to think and speak in the highest terms of him. The republic has Marcus Lepidus bound to it by many pledges. He is a man of the highest rank, of the greatest honors; he has the most honorable priesthood, and has re- ceived numberless distinctions in the city. There are monu- ments of himself, and of his brother, and of his ancestors ; he has a most excellent wife, children such as any man might de- sire, an ample family estate, untainted with the blood of his fellow-citizens. No citizen has been injured by him ; many have been delivered from misery by his kindness and pity. Such a man and such a citizen may indeed err in his opinion, but it is quite impossible for him in inclination to be unfriend- ly to the republic. Marcus Lepidus is desirous of peace. He does well espe- cially if he can make such a peace as he made lately, owing to which the republic will behold the son of Cnaeus Pompeius, and will receive him in her bosom and embrace ; and will think, that not he alone, but that she also is restored to her- self with him. This was the reason why you decreed to him a statue in the rostra with an honorable inscription, and why ■ you voted him a triumph in his absence. For although he had performed great exploits in war, and such as well deserved a triumph, still for that he might not have had that given to him which was not given to Lucius ^Emilius, nor to iEmili- anus Scipio, nor to the former Africanus, nor to Marius, nor to Pompeius, who had the conduct of greater wars than he had, but because he had put an end to a civil war in perfect silence, the first moment that it was in his power, on that ac- count you conferred on him the greatest honors. Y. Do you think, then, O Marcus Lepidus, that the An' tonii will be to the republic such citizens as she will find Pom- peius? In the one there is modesty, gravity, moderation, in- tegrity ; in them (and when I speak of them, I do not mean to omit one of that band of pirates), there is lust, and wickedness, and savage audacity capable of every crime. I entreat of you, O conscript fathers, which of you fails to see this which Fortune herself, who is called blind, sees? For, saving the acts of Ca?sar, which we maintain for the sake of harmony, his jwn house will be open to Pompeius, and he will redeem it 478 CICERO'S ORATIONS. for the same sum for which Antonius bought it. Yes, 1 s*y the son of Cnams Pompeius will buy back his house. O mel- ancholy circumstance! But these things have been already lamented long and bitterly enough. You have voted a sum of money to Cnaeus Pompeius, equal to that which his con- quering enemy had appropriated to himself of his father's property in the distribution of his booty. But I claim per- mission to manage this distribution myself, as due to my con- nection and intimacy with his father. He will buy back the villas, the houses, and some of the estates in the city which Antonius is in possession of. For as for the silver plate, the garments, the furniture, and the wine which that glutton has made away with, those things he will lose without forfeiting his equanimity. The Alban and Firmian villas he will re- cover from Dolabella ; the Tusculan villa he will also recover from Antonius. And these Ansers who are joining in the attack on Mutina and in the blockade of Decimus Brutus will be driven from his Falernian villa. There are many others, perhaps, who will be made to disgorge their plunder, but their names escape my memory. I say, too, that those men who are not in the number of our enemies, will be made to re- store the possessions of Pompeius to his son for the price at which they bought them. It was the act of a sufficiently rash man, not to say an audacious one, to touch a single par- ticle of that property ; but who will have the face to endeav- or to retain it, when its most illustrious owner is restored tc his country 1 ? Will not that man restore his plunder, whe enfolding the patrimony of his master in his embrace, cling' ing to the treasure like a dragon, the slave of Pompeius, th«r freedman of Csesar, has seized upon his estates in the Luca' riian district? And as for those seven hundred millions of ses' terces which you, O conscript fathers, promised to the young man, they will be recovered in such a manner that the son of Cna3us Pompeius will appear to have been established by yow in his patrimony. This is what the senate must do ; the Ro- man people will do the rest with respect to that family which was at one time one of the most honorable it ever saw. In the first place, it will invest him with his father's honor as an augur, for which rank I will nominate him and promote his election, in order that I may restore to the son what I received from the father. Which of these men will the Roman people most willingly sanction as the augur of the all-powerful and THE THIRTEENTH PHILIPPIC. 479 all-great Jupiter, whose interpreters and messengers we have been appointed, — Pompeius or Antonius ? It seems indeed, to me, that Fortune has managed this by the divine aid of the immortal gods, that, leaving the acts of Caesar firmly ratified, the son of Cnseus Pompeius might still be able to recover the dignities and fortunes of his father. VI. And I think, O conscript fathers, that we ought not to pass over that fact either in silence, — that those illustrious men who are acting as embassadors, Lucius Paullus, Quintus Thermus, and Caius Faimius, whose inclinations toward the republic you are thoroughly acquainted with, and also with the constancy and firmness of that favorable inclination, report that they turned aside to Marseilles for the purpose of confer- ring with Pompeius, and that they found him in a disposition very much inclined to go with his troops to Mutina, if he had not been afraid of offending the minds of the veterans. But he is a true son of that father who did quite as many things wisely as he did bravely. Therefore you perceive that his courage was quite ready, and that prudence was not wanting to him. And this, too, is what Marcus Lepidus ought to take care of, — not to appear to act in any respect with more arrogance than suits his character. For if he alarms us with his army, he is forgetting that that army belongs to the senate, and to the Roman people, and to the whole republic, not to himself. "But he has the power to use it as if it were his own." What then ? Does it become virtuous men to do every thing which it is in their power to do? Suppose it to be a base thing? Suppose it to be a mischievous thing? Suppose it be abso- lutely unlawful to do it ? But what can be more base, or more shameful, or more ut- terly unbecoming, than to lead an army against the senate, against one's fellow-citizens, against one's country? Or what can deserve greater blame than doing that which is unlawfull But it is not lawful for any one to lead an army against his country? if indeed we say that that is lawful which is per- mitted by the laws or by the usages and established principles of our ancestors. For it does not follow that whatever a man has power to do is lawful for him to do ; nor, if he be not hindered, is he on that account permitted to do so. For to you, O Lepidus, as to your ancestors, your country has given an army to be employed in her cause. With this army you 480 CICERO'S ORATIONS. are to repel the enemy, you are to extend the boundaries of the empire, you are to obey the senate and people of Rome, if by any ehance they direct you to some other object. VII. If these are your thoughts, then are you really Mar- cus Lepidus the Pontifex Maximus, the great-grandson of Mar- cus Lepidus, Pontifex Maximus. If you judge that every tiling- is lawful for men to do that they have power to do, then be- ware lest you seem to prefer acting on precedents set by those who have no connection with you, and these, too, modern prec- edents, to being guided by the ancient examples in your own family. But if you interpose your authority without having recourse to arms, in that case indeed I praise you more ; but beware lest this thing itself be quite unnecessary. For al- though there is all the authority in you that there ought to be in a man of the highest rank, still the senate itself does not despise itself; nor was it ever more wise, more firm, more courageous. We are all hurried on with the most eager zc:il to recover our freedom. Such a general ardor on the part of the senate and people of Rome can not be extinguished by the authority of any one: we hate a man who would extinguish it ; we are angry with him, and resist him ; our arms can not be wrested from our hands ; we are deaf to all signals for re- treat, to all recall from the combat. We hope for the happiest success ; we will prefer enduring the bitterest disaster to being slaves. Caesar has collected an invincible army. Two per- fectly brave consuls are present with their forces. The vari- ous and considerable reinforcements of Lucius Plancus, consul elect, are not wanting. The contest is for the safety of Deci- mus Brutus. One furious gladiator, with a band of most infa- mous robbers, is waging war against his country, against our household gods, against our altars and our hearths, against four consuls. Shall we yield to him? Shall we listen to the conditions which he proposes? Shall we believe it possible for peace to be made with him ? VIII. But there is danger of our being overwhelmed. I ihave no fear that the man who can not enjoy his own most abundant fortunes, unless all the good men are saved, will betray his own safety. It is nature which first makes good citizens, and then fortune assists them. For it is for the ad- vantage of all good men that the republic should be safe ; but that advantage appears more clearly in the case of those who are fortunate. Who is more fortunate than Lent ul us, as I THE THIRTEENTH PHILIPPIC. 481 hari before, and who is more sensible? The Roman people saw his sorrow and his tears at the Lupercal festival. They saw how miserable, how overwhelmed he was when Antonius placed a diadem on Caesar's head and preferred being his slave to being his colleague. And even if he had been able to ab- stain from his other crimes and wickednesses, still on account of that one single action I should think him worthy of all punishment. For even if he himself was calculated to be a slave, why should he impose a master on us? And if his childhood had borne the lusts of those men who were tyrants over him, was he on that account to prepare a master and a tyrant to lord it over our children ? Therefore since that man was slain, he himself has behaved to all others in the same manner as he wished him to behave to us. For in what country of barbarians was there ever so foul and cruel a tyrant as Antonius, escorted by the arms of bar- barians, has proved in this city? When Caesar was exercising the supreme power, we used to come into the senate, if not with freedom, at all events with safety. But under this arch- pirate (for why should I say tyrant ?) these benches were occu- pied by Itureans. On a sudden he hastened to Brundusium, in order to come against this city from thence with a regular army. He deluged Suessa, a most beautiful town, now of municipal citizens, formerly of most honorable colonists, with the blood of the bravest soldiers. At Brundusium he mas- sacred the chosen centurions of the Martial legion in the lap of his wife, who was not only most avaricious but also most cruel. After that with what fury, with what eagerness did he hurry on to the city, that is to say, to the slaughter of every virtuous man ! But at that time the immortal gods brought to us a protector whom we had never seen nor expected. IX. For the incredible and godlike virtue of Caesar checked the cruel and frantic onslaught of that robber, whom then that madman believed that he was injuring with his edicts, igno- rant that all the charges which he was falsely alleging against that most righteous young man, were all very appropriate tc the recollections of his own childhood. He entered the city, with what an escort, or rather with what a troop ! when on the right hand and on the left, amid the groans of the Eoman people, he was threatening the owners of property, taking notes of the houses, and openly promising to divide the city among his followers. He returned to his soldiers; then came that X 4^2 CICERO'S ORATIONS. mischievous assembly at Tibur. From thence he hurried to the city; the senate was convened at the Capitol. A decree with the authority of the consuls was prepared for proscribing the young man ; when all on a sudden (for he was aware that the Martial legion had encamped at Alba) news is brought him of the proceedings of the fourth legion. Alarmed at that, he abandoned his intention of submitting a motion to the senate respecting Caesar. He departed not by the regular roads, but by the by-lanes, in the robe of a gen- eral; and on that very self-same day he trumped up a count less number of resolutions of the senate ; all of which he pub* lished even before they were drawn up. From thence it was not a journey, but a race and flight into Gaul. He thought that Caesar was pursuing him with the fourth legion, with the Martial legion, with the veterans, whose very name he could not endure for fright. Then, as he was making his way into Gaul, Decimus Brutus opposed him ; who preferred being him- self surrounded by the waves of the whole war, to allowing him either to retreat or advance ; and who put Mutina on him as a sort of bridle to his exultation. And when he had blockaded that city with his works and fortifications, and when the dignity of a most flourishing colony, and the majes- ty of a consul elect, were both insufficient to deter him from his parricidal treason, then (I call you, and the Roman peo- ple, and all the gods who preside over this city, to witness), against my will, and in spite of my resistance and remon- strance, three embassadors of consular rank were sent to that robber, to that leader of gladiators, Marcus Antonius. Who ever was such a barbarian 1 Who was ever so sav- age? so brutal? He would not listen to them ; he gave them no answer; and he not only despised and showed that he con- sidered of no importance those men who were with him, but still more us, by whom these men had been sent. And after- ward what wickedness, or what crime was there which thai traitor abstained from? He blockaded your colonists, and the army of the Roman people, and your general, and your consul elect. He lays waste the lands of a nation of most excellent citizens. Like a most inhuman enemy he threatens all virtu- ous men with crosses and tortures. X. Now what peace, O Marcus Lepidus, can exist with this man? when it does not seem that there is even any punishment which' the Roman people can think adequate to Ins crimes 1 THE THIRTEENTH PHILIPPIC. 483 But if any one lias hitherto been able to doubt the fact, that there can be nothing whatever in common between this order and the Roman people and that most detestable beast, let him at least cease to entertain such a doubt, when he becomes ac- quainted with this letter which I have just received, it having been sent to me by Hirtius the consul. While I read it, and while 1 briefly discuss each paragraph, I beg, O conscript fa- thers, that you will listen to me most attentively, as you have hitherto done. " Antonius to Hirtius and Caesar." He does not call himself imperator, nor Hirtius consul, nor Caesar propraetor. This is cunningly done enough. He pre- ferred laying aside a title to which he had no right himself, to giving them their proper style. " When I heard of the death of Caius Trebonius, I was not more rejoiced than grieved." Take notice why he says he rejoiced, why he says that he was grieved ; and then you will be more easily able to decide the question of peace. " It was a matter of proper rejoicing that a wicked man had paid the penalty due to the bones and ashes of a most illustri- ous man, and that the divine power of the gods had shown it- self before the end of the current year, by showing the chas- tisement of that parricide already inflicted in some cases, and impending in others." O you Spartacus ! for what name is more fit for you ? you whose abominable wickedness is such as to make even Catiline seem tolerable. Have you dared to write that it is a matter of rejoicing that Trebonius has suffered punishment? that Tre- bonius was wicked? What was his crime, except that on the ides of March he withdrew you from the destruction which you had deserved? Come; you rejoice at this; let us see what it is that excites your indignation. " That Dolabella should at this time have been pronounced a public enemy because he has slain an assassin ; and that the son of a buffoon should appear dearer to the Roman people than Caius Caesar, the father of his country, are circumstances to be lamented." Why should you be sad because Dolabella has been pro- nounced a public enemy? Why? Are you not aware that you yourself — by the fact of an enlistment having taken place "11 over Italy, and of the consuls being: sent forth to war, ar 1 484 CICERO'S ORATIONS. of Caesar having received great honors, and of the garb of war having been assumed — have also been pronounced an enemy? And what reason is there, O you wicked man, for lamenting that Dolabella has been declared an enemy by the senate? a body which you indeed think of no consequence at all ; but you make it your main object in waging war utterly to de- stroy the senate, and to make all the rest of those who are either virtuous or wealthy follow the fate of the highest order of all. But he calls him the son of a buffoon. As if that noble Roman knight the father of Trebonius were unknown to us. And does he venture to look down on any one because of the meanness of his birth, when he has himself children by Padia? XI. "But it is the bitterest thing of all that you, O Aulus Hirtius, who have been distinguished by Ca j sa?-"s kindness, and who have been left by him in a condition whirib you yourself marvel at. * * * " 1 can not indeed deny that Aulus Hirtius was distinguished by Caesar, but such distinctions are only of value- when con- ferred on virtue and industry. But you, who can not deny that you also were distinguished by Caesar, what would yoi? have been if he had not showered so many kindnesses on you? Where would your own good qualities have borne you % Where would your birth have conducted you? You would have spent the whole period of your manhood in brothels, and cook-shops, and in gambling and drinking, as you used to do when you were always burying your brains and your beard in the laps of actresses. " And you too, O boy — " He calls him a boy whom he has not only experienced and shall again experience to be a man, but one of the bravest of men. It is indeed the name appropriate to his age ; but he is the last man in the world who ought to use it, when it is his own madness that has opened to this boy the path to glory. " You who owe every thing to his name — " He does indeed owe every thing, and nobly is he paying it. For if he was the father of his country, as you call him (1 will see hereafter what my opinion of that matter is), why is not this youth still more truly our father, to whom it certainly is owing that we are now enjoying life, saved out of your most guilty hands'? "Are taking pains to have Dolabella legally condemned." THE THIRTEENTH PHILIPPIC. 485 A base action, truly ! by which the authority of this most honorable order is defended against the insanity of a most in human gladiator. " And to effect the release of this poisoner from blockade." Do you dare to call that man a poisoner who has found a remedy against your own poisoning tricks? and whom you are besieging in such a manner, O you new Hannibal (or if there was ever any abler general than he), as to blockade yourself, and to be unable to extricate yourself from your present posi- tion, should you be ever so desirous to do so ? Suppose you retreat; they will all pursue you from all sides. Suppose you stay where you are; you will be caught. You are very right, certainly, to call him a poisoner, by whom you see that your present disastrous condition has been brought about. " In order that Cassius and Brutus may become as power- ful as possible." "Would you suppose that he is speaking of Censorinus, or of Ventidius, or of the Antonii themselves? But why should they be unwilling that those men should become powerful, who are not only most excellent and nobly born men, but who are also united with them in the defense of the republic ? " In fact, you look upon the existing circumstances as you did on the former ones." What can he mean? " You used to call the camp of Pompeius the senate." XII. Should we rather call your camp the senate? In which you are the only man of consular rank, you whose whole consulship is effaced from every monument and regis- tex , and two praetors, who are afraid that they will lose some- thing by us, — a groundless fear. For we are maintaining all the grants made by Caesar ; and men of praetorian rank, Phil- adelphus Annius, and that innocent Gallius ; and men of aedi- litian rank, he on whom I have spent so much of my lungs and voice, Bestia, and that patron of good faith and cheater of his creditors, Trebellius, and that bankrupt and ruined man Quintus. Caelius, and that support of the friends of Antonius Cotyla Yarius, whom Antonius for his amusement caused at a banquet to be flogged with thongs by the public slaves. Men of septemviral rank, Lento and Nucula, and then that delight and darling of the Roman people, Lucius Antonius. And for tribunes, first of all two tribunes elect, Tuilus Hostilius, who was so full of his privileges as to write up his name on th* 48(i CICERO'S ORATIONS. gate of Rome ; and who, when he found himself unable to be- tray his general, deserted him. The other tribune elect is a man of the name of Yiseius ; I know nothing about him ; but I hear that he is (as they say) a bold robber ; who, however, they say was once a bathing-man at Pisaurum, and a very good hand at mixing the water. Then there are others too, of tribunitian rank: in the first place, Titus Plancus; a man who, if he had had any affection for the senate, would never have burned the senate-house. Having been condemned for which wickedness, he returned to that city by force of arms from which he was driven by the power of the law. But, however, this is a case common to him and to many others who are very unlike him. But this is quite true which men are in the habit of saying of this Plancus in a proverbial way, that it is quite impossible for him to die unless his legs are broken. 1 They are broken, and still he lives. But this, like many others, is a service that has been done us by Aquila. XIII. There is also in that camp Decius, descended, as I believe, from the great Decius Mus ; accordingly he gained 2 the gifts of Ceesar. And so after a long interval the recollec- tion of the Decii is renewed by this illustrious man. And how can I pass over Saxa Decidius, a fellow imported from the most distant nations, in order that we might see that man tribune of the people whom we had never beheld as a citizen ? There is also one of the Sasernae ; but all of them have such a resemblance to one another, that I may make a mistake as to their first names. Nor must I omit Exitius, the brother of Philadelphus the quasstor ; lest, if I were to be silent about that most illustrious young man, I should seem to be envying Antonius. There is also a gentleman of the name of Asinius, a voluntary senator, having been elected by himself, lie saw the senate-house open after the death of Caesar, he changed his shoes, and in a moment became a conscript father. Sex- tus Albedius I do not know, but still I have not fallen in with any one so fond of evil-speaking, as to deny that he is worthy of a place in the senate of Antonius- I dare say that I have passed over some names ; bnt still I could not refrain from mentioning those who did occur to me. 1 That is, without being crucified like a slave. 3 The Latin here is " Itaque Csesaris munera rosit," — playing on the name nius, mouse ; but Orellius thinks the whole passage corrupt, and indeed there is evident corruption in the text here in many placet THE THIRTEENTH PHILIPPIC. 487 Relying then on this senate, he looks down on the senate ' which supported Pompeius, in which ten of us were men of consular rank ; and if they were all alive now this war would never have arisen at all. Audacity would have succumbed to authority. But what great protection there would have been in the rest may be understood from this, that I, when left alone of all that band, with your assistance crushed and broke the audacity of that triumphant robber. XIV. But if Fortune had not taken from us not only Ser- vius Sulpicius, and before him, his colleague Marcus Marcel- lus, — what citizens! What men! If the republic had been able to retain the two consuls, men most devoted to their countrv, who were driven together out of Italv ; and Lucius Afranius, that consummate general; and Publius Lentulus, a citizen who displayed his extraordinary virtue on other occa- sions, and especially in the securing my safe return ; and Bib- ulus, whose constant and firm attachment to the republic has at all times been deservedly praised ; and Lucius Domitius, that most excellent citizen ; and Appius Claudius, a man equally distinguished for nobleness of birth and for attach- ment to the state ; and Publius Scipio, a most illustrious man, closely resembling his ancestors. Certainly with these men of consular rank, 1 the senate which supported Pompeius was not to be despised. Which, then, was more just, which was more advantageous for the republic, that Cnaeus Pompeius, or that Antonius the brother who bought all Pompeius's property, should live? And then what men of praetorian rank were with us! the chief of whom was Marcus Cato, being indeed the chief man of any nation in the world for virtue. Why need I speak of the other most illustrious men? you know them all. I am more afraid lest you should think me tedious for enumerating so many, than ungrateful for passing over any one. And what men of asdilitian rank ! and of tribunitian rank ! and of qusestorian rank ! Why need I make a long story of it ? so great was the dignity of the senators of our party, so great too were their numbers, that those men have need of some very valid excuse who did not join that camp. Now listen to the rest of the letter. ' He means Lucius JEmilius Paullus, ?jnd Caius Claudius Marcellus, who were consuls the year after Servius Sulpicius and Marcus Claudius Marcellus, x.v.c. 704. 488 CICERO'S ORATIONS. XV. "You have the defeated Cicero for your general." I am the more glad to hear that word "general," because he certainly uses it against his will ; for as for his saying "defeated," 1 do not mind that; for it is my fate that I can neither be victorious nor defeated without the republic being so at the same time. "You are fortifying Macedonia with armies." Yes, indeed, and we have wrested one from your brother, who does not in the least degenerate from you. " You have intrusted Africa to Varus, who has been twice taken prisoner." Here he thinks that he is making out a case against his own brother Lucius. " You have sent Capius into Syria." Do you not see then, O Antonius, that the whole world is open to our party, but that you have no spot, out of your own fortifications, where you can set your foot % " You have allowed Casca to discharge the office of tribune." What then'? "Were we to remove a man, as if he had been Marullus, 1 or Caasetius, to whom we own it, that this and many other things like this can never happen for the future ? "You have taken away from the Luperci the revenues which Julius Caesar assigned to them." Does he dare to make mention of the Luperci f Does he not shudder at the recollection of that day on which, smelling of wine, reeking with perfumes, and naked, he dared to exhort the indignant Roman people to embrace slavery ? " You, by a resolution of the senate, have removed the col- onies of the veterans which had been legally settled." Have we removed them, or have we rather ratified a law which was passed in the comitia centuriata"? See, rather, whether it is not you who have ruined these veterans ((hose at least who are ruined), and settled them in a place from which they themselves now feel that they shall never be able to make their escape. " You are promising to restore to the people of Marseilles what has been taken from them by the laws of war." I am not going to discuss the laws of war. It is a discus- sion far more easy to begin than necessary. But take notice of this, O conscript fathers, what a born enemy to the repub- 1 These two were tribunes of the people, who had been dispossessed of their offices by Julius Caesar. THE THIRTEENTH PHILIPPIC. 489 lie Antonius is, who is so violent in his hatred of that city which he knows to have been at all times most firmly attached to this republic. XVI. " [Do you not know] that no one of the party of Pompeius, who is still alive, can, by the Hirtian law, possess any rank ?" What, I should like to know, is the object of now making mention of the Hirtian law? — a law of which I believe the framer himself repents no less than those against whom it was passed. According to my opinion, it is utterly wrong to call it a law at all ; and, even if it be a law, we ought not to think it a law of Hirtius. " You have furnished Brutus with money belonging to Apuleius." Well? Suppose the republic had furnished that excellent man with all its treasures and resources, what good man would have disapproved of it 1 For without money he could not have supported an army, nor without an army could he have taken your brother prisoner. *' You have praised the execution of Paetus and Menedemus, men who had been presented with the freedom of the citv. and who were united by ties of hospitality to Caesar." We do not praise what we have never even heard of; we were very likely, in such a state of confusion, and such a crit- ical period of the republic, to busy our minds about two worth- less Greeklings! " You took no notice of Theopompus having been stripped, and driven out by Trebonius, and compelled to flee to Alex- andria." The senate has indeed been very guilty! We have taken no notice of that great man Theopompus! Why, who on earth knows or cares where he is, or what he is doing ; or 7 indeed, whether he is alive or dead ? "You endure the sight of Sergius Galba in your camp, armed with the same dagger with which he slew Caesar." I shall make you no reply at all about Galba ; a most gal- lant and courageous citizen. He will meet you face to face ; and he being present, and that dagger which you reproach him with, shall give you your answer. " You have enlisted my soldiers, and many veterans, undei the pretense of intending the destruction of those men who slew Caesar ; and then, when they expected no such step, you X2 490 CICERO'S ORATIONS. have led them on to attack their quaestor, their general, and their former comrades ! " No doubt Ave deceived them ; we humbugged them com- pletely ! no doubt the Martial legion, the fourth legion, and the veterans had no idea what was going on ! They were not following the authority of the senate, or the liberty of the Roman people. — They were anxious to avenge the death of Caesar, which they all regarded as an act of destiny ! No doubt you were the person whom they were anxious to see safe, and happy, and flourishing ! XVII. Oh miserable man, not only in fact, but also in the circumstance of not perceiving yourself how miserable you are ! But listen to the most serious charge of all. " In fact, what have you not sanctioned, — what have you not done? what would be done if he were to come to life again, by? — " By whom % For I suppose he means to bring forward some instance of a very wicked man. " Cnaeus Pompeius himself?" Oh how base must w r e be, if indeed we have been imitating Cnaeus Porcqieius ! " Or his son, if he could be at home I " He soon will be at home, believe me ; for in a very few days he will enter on his home, and on his father's villas. "Lastly, you declare that peace can not be made unless I either allow Brutus to quit Mutina, or supply him with corn." It is others who say that: I say, that even if you were to do so, there never could be peace between this city and you. "What? is this the opinion of those veteran soldiers, to whom as yet either course is open ?" I do not see that there is any course so open to them, as now to begin and attack that general whom they previously were so zealous and unanimous in defending. 1 1 There is some difficulty here. Many editors propose to read " offen- derint," which Orellius thinks would hardly he Latin. He says, "An- tonius is here speaking of those veterans who had deserted him indeed, hut who, at the time of his writing this letter, had not acted against him." Therefore, he says it is open to them to hecotne reconciled to him again (wishing to conciliate them, and to alarm his enemies). On the other hand, Cicero replies. Nothing is so open to them now as to do what their duty to the republic requires. That is to say, openly to attack you, whose party they have already abandoned. THE THIRTEENTH PHILIPPIC. 491 u Since you yourselves have sold yourselves for flatteries and poisoned gifts." Are those men depraved and corrupted, who have been per- suaded to pursue a most detestable enemy with most right- eous war? " But you say, you are bringing assistance to troops who are hemmed in. I have no objection to their being saved, and departing wherever you wish, if they only allow that man to be put to death who has deserved it." How very kind of him ! The soldiers availing themselves of the liberality of Antonius have deserted their general, and have fled in alarm to his enemy ; and if it had not been for them, Dolabella, in offering the sacrifice which he did to the shade of his general, would not have been beforehand with Antonius in propitiating the spirit of his colleague by a simi- lar ofterins:. " You write me word that there has been mention of peace made in the senate, and that five embassadors of consular rank have been appointed. It is hard to believe that those men, who drove me in haste from the city, when 1 offered the fairest conditions, and when I was even thinking of relaxing some- what of them, should now think of acting with moderation or humanity. And it is hardly probable, that those men who have pronounced Dolabella a public enemy for a most right- eous action, should bring themselves to spare us who are in- fluenced bv the same sentiments as he." Does it appear a trifling matter, that he confesses himself a partner with Dolabella in all his atrocities'? Do you not see that all these crimes flow from one source L ? He himself con- fesses, shrewdly and correctly enough, that those who have pronounced Dolabella a public enemy for a most righteous ac- tion (for so it appears to Antonius), can not possibly spare him who agrees with Dolabella in opinion. XVIII. What can you do with a man who puts on paper and records the fact, that his agreement with Dolabella is so complete, that he would kill Trebonius, and, if he could, Bru- tus and Cassias too, with every circumstance of torture ; and inflict the same punishment on us also? Certainly, a man who makes so pious and fair a treaty is a citizen to be taken care of! He, also, complains that the conditions which he offered, those reasonable and modest conditions, were rejected ; namely, that he was to have the farther Gaul, — the province 492 CICERO'S ORATIONS. the most suitable of all for renewing and carrying on the war ; that the legionaries of the Alauda should be judges in the third decury ; that is to say, that there shall be an asylum for all crimes, to the indelible disgrace of the republic ; that his own acts should be ratified, his, — when not one trace of his consulship has been allowed to remain ! He showed his re- gard also for the interests of Lucius Antonius, who had been a most equitable surveyor of private and public domains, with Nucula and Lento for his colleagues. " Consider then, both of you, whether it is more becoming and more advantageous for your party, for you to seek to avenge the death of Trebonius, or that of Caesar; and wheth- er it is more reasonable for you and me to meet in battle, in order that the cause of the Pompeians, which has so frequent- ly had its throat cut, may the more easily revive ; or to agree together, so as not to be a laughing-stock to our enemies." If its throat had been cut, it never could revive. "Which," says he, " is more becoming." In this Avar he talks of what is becoming I "And more advantageous for your party." — "Parties," you senseless man, is a suitable expression for the forum, or the senate house. You have declared a wicked war against your country % you are attacking Mutina ; you are besieging the consul elect ; two consuls are carrying on war against you ; and with them, Caesar, the propraetor ; all Italy is armed against you ; and then do you call yours " a party," instead of a revolt from the republic 1 " To seek to avenge the death of Trebonius, or that of Caesar." We have avenged Trebonius sufficiently by pronouncing Dolabella a public ene- my. The death of Caesar is best defended by oblivion and si- lence. But take notice what his object is. — AVhen he thinks that the death of Caesar ought to be revenged, he is threaten- ing with death, not those only who perpetrated that action, but those also who were not indignant at it. XIX. " Men who will count the destruction of either you or me gain to them. A spectacle which as yet fortune herself has taken care to avoid, unwilling to see two armies which be- long to one body fighting, with Cicero acting as master of the show ; a fellow who is so far happy that he has cajoled you both with the same compliments as those with which he boast- ed that he had deceived Caesar." He proceeds in his abuse of me, as if he had been very for- tunate in all his former reproaches of me ; but I will brand THE THIRTEENTH PHILIPPIC. . 493 him. with the most thoroughly deserved marks of infamy, and pillory him for the everlasting recollection of posterity. I a " master of the show of gladiators !" indeed he is not wholly wrong, for I do wish to see the worst party slain, and the best victorious. He writes that "whichever of them are destroyed we shall count as so much gain." Admirable gain, when, if you, O Antonius, are victorious (may the gods avert such a disaster !) the death of those men who depart from life untor- tured will be accounted happy ! He says that Hirtius and Caesar " have been cajoled by me by the same compliments." I should like to know what compliment has been as yet paid to Hirtius by me ; for still more and greater ones than have been paid him already are due to Caesar. But do you, O An- tonius, dare to say that Caesar, the father, was deceived by me? You, it was you, I - . who really slew him at the Lupercal games. Why, O most ungrateful of men, have you abandoned your office of priest to him 1 But remark now the admirable wisdom and consistency of this great and illustrious man. " I am quite resolved to brook no insult either to myself or to my friends; nor to desert that party which Pompeius hated, nor to allow the veterans to be removed from their abodes ; nor to allow individuals to be draped out to torture, nor to violate the faith which I pledged to Dolabella." I say nothing of the rest of this sentence, " the faith pledged to Dolabella," to that most holy man, this pious gentleman will by no means violate. "What faith 1 Was it a pledge to murder every virtuous citizen, to partition the city and Italy, to distribute the provinces among, and to hand them over to be plundered by, their followers ? For what else was there which could have been ratified by treaty and mutual pledges between Antonius and Dolabella, those foul and parricidal traitors ? "Nor to violate my treaty of alliance with Lepidus, the most conscientious of men." You have any alliance with Lepidus or with any (I will not say virtuous citizen, as he is, but with any) man in his senses ! Your object is to make Lepidus appear either an impious man, or a madman. But you are doing no good (although it is a hard matter to speak positively of another), especially with a man like Lepidus, whom I will never fear, but I shall hope good things of him unless I am prevented from doing so. 494 CICERO'S ORATIONS. Lepidus wished to recall you from your phrensy, not to be the assistant of your insanity. But you seek your friends not only among conscientious men, but among most conscientious men. And you actually, so godlike is your piety, invent a new word to express it which has no existence in the Latin lansuajre. "Nor to betray Plancus, the partner of my counsels." Plancus, the partner of your counsels ? He, whose ever- memorable and divine virtue brings a light to the republic (unless, mayhap, you think that it is as a reinforcement to you that he has come with those most gallant legions, and with a numerous Gallic force of both cavalry and infantry) ; and who, if before his arrival you have not by your punish- ment made atonement to the republic for your wickedness, will be chief leader in this war. For although the first suc- cors that arrive are more useful to the republic, yet the last are the more acceptable. XX. However, at last he recollects himself and begins to philosophize. "If the immortal gods assist me, as I trust that they will, going on my way with proper feelings, I shall live happily ; but if another fate awaits me, I have already a foretaste of joy in the certainty of your punishment. For if the Pom* peians when defeated are so insolent, yx>u will be sure to ex- perience what they will be when victorious." You are very welcome to your foretaste of joy. For you are at war not only with the Pompeians, but with the entire republic. Every one, gods and men, the highest rank, the middle class, the lowest dregs of the people, citizens and foreigners, men and -women, free men and slaves, all hate you. We saw this the other day on some false news that came ; but we shall soon see it from the way in which true news is received. And if you ponder these things with your- self a little, you will die with more equanimity, and greater comfort. " Lastly, this is the sum of my opinion and determination ; I will bear with the insults offered me by my friends, if they themselves are willing to forget that they have offered them ; or if they are prepared to unite with me in avenging Caesar's death." Now that they know this resolution of Antonius, do yon thitik that Aulus Ilirtius and Caius Pansa, the consuls, can THE THIRTEENTH PHILIPPIC. 495 hesitate to pass over to Antonius? to besiege Brutus? to be eager to attack Mutina % Why do I say Hirtius and Pansa ? Will Caesar, that young man of singular piety, be able to re- strain himself from seeking to avenge the injuries of his father in the blood of Decimus Brutus 1 Therefore, as soon as they had read this letter, the course which they adopted was to ap- proach nearer to the fortifications. And on this account we ought to consider Caesar a still more admirable young man ; and that a still greater kindness of the immortal gods which gave him to the republic, as he has never been misled by the specious use of his father's name ; nor by any false idea of pi- ety and aiFection. He sees clearly that the greatest piety con • sists in the salvation of one's country. But if it were a con- test between parties, the name of which is utterly extinct, then w r ould Antonius and Ventidius be the proper persons to uphold the party of Caesar, rather than in the first place, Caesar, a young man full of the greatest pifcty and the most affectionate recollection of his parent? and next to him Pansa and Hirti- us, who held (if I may use such an expression) the two horns of Caesar, at the time when that deserred to be called a party. But what parties are these, when the one proposes to itself to uphold the authority of the senate, the liberty of the Roman people, and the safety of the republic, while the other fixes its eyes on the slaughter of all good men, and on the partition of the city and of Italy ! XXI. Let us come at last to the end. "I do not believe that embassadors are coming — " He knows me well. "Toa place where war exists." Especially with the example of Dolabella before our eyes. Embassadors, I should think, will have privileges more re- spected than two consuls against whom he is bearing arms; or than Caesar, whose father's priest he is ; or than the consul elect, whom he is attacking ; or than Mutina, which he is be- sieging ; or than his country, which he is threatening with fire and sword. " When they do come I shall see what they demand 1 .' 5 Plagues and tortures seize you ! Will anyone come to you, unless he be a man like Ventidius ? We sent men t)f the very highest character to extinguish the rising conflagration ; you rejected them. Shall we now send men when the fire has be- come so large and has risen to such a height, and when you 49G CICERO'S ORATIONS. have left yourself no possible room, not only for peace, but not even for a surrender*? I have read you this letter, O conscript fathers, not because I thought it worth reading, but in order to let you see all his parricidal treasons revealed by his own confessions. Would Marcus Lepidus, that man so richly endowed with all the gifts of virtue and fortune, if he saw this letter, either wish for peace with this man, or even think it possible that peace should be made ? " Sooner shall fire and water mingle," as some poet or other says ; sooner shall any thing in the world happen than either the republic become reconciled to the An- tonii, or the Antonii to the republic. Those men are mon- sters, prodigies, portentous pests of the republic. It would be better for this city to be uplifted from its foundations and transported, if such a thing were possible, into other regions, where it should never hear of the actions or the name of the Antonii, than for it to see those men, driven out by the valor of Caesar, and hemmed in by the courage of Brutus, inside these walls. The most desirable thing is victory ; the next best thing is to think no disaster too great to bear in defense of the disrnitv and freedom of one's country. The remaining alternative, I will not call it the third, but the lowest of all, is to undergo the greatest disgrace from a desire of life. Since, then, this is the case, as to the letters and messages of Marcus Lepidus, that most illustrious man, I agree with Servilius. And I farther give my vote, that Magnus Pom- peius, the son of Cnseus, has acted as might have been expect- ed from the affection and zeal of his father and forefathers toward the' republic, and from his own previous virtue and industry and loyal principles in promising to the senate and people of Home his own assistance, and that of those men whom lie had with him ; and that that conduct of his is grateful and acceptable to the senate and people of Koine, and that it shall tend to his own honor and dignity. This may either be added to the resolution of the senate which is before us, or it may be separated from it and drawn up by it- self, so as to let Pompeius be seen to be extolled in a distinct resolution of the senate. THE FOURTEENTH PHILIPPIC. 497 THE FOURTEENTH (AND LAST) ORATION OF M. T. CICERO AGAINST MARCUS ANTONIUS. CALLED ALSO THE FOURTEENTH PHILIPPIC. THE ARGUMENT. After the last speech was delivered, Brutus gained great advantages in Macedonia over Caius Antonius, and took him prisoner. He treated him with great lenity, so much so as to displease Cicero, who remon- strated with him strongly on his design of setting him at liberty. He was also under some apprehension as to the steadiness of Plancus's loy- alty to the senate ; but on his writing to that body to assure them of his obedience, Cicero procured a vote of some extraordinary honors to him. Cassius also about the same time was very successful in Syria, of which he wrote Cicero a full account. Meantime reports were being spread in the city by the partisans of Antonius, of his success before Mutina ; and even of his having gained over the consuls. Cicero too was per- sonally much annoyed at a report which they spread of his having formed the design of making himself master of the city and assuming the title of Dictator ; but when Apuleius, one of his friends, and a trib- une of the people, proceeded to make a speech to the people in Cic- ero's justification, the people all cried out that he had never done any thing which was not for the advantage of the republic. About the same time news arrived of a victory gained over Antonius at Mutina. Pansa was now on the point of joining Hirtius with four new legions, and Antonius endeavored to surprise him on the road before he could ef- fect that junction. A severe battle ensued, in which Hirtius came to Pansa's aid, and Antonius was defeated w 7 ith great loss. On the re- ceipt of the news the populace assembled about Cicero's house, and carried him in triumph to the Capitol. The next day Marcus Cornu- tus, the praetor, summoned the senate to deliberate on the letters re- ceived from the consuls and Octavius, giving an account of the victory. Servilius declared his opinion that the citizens should relinquish the saguim, or robe of war ; and that a supplication should be decreed in honor of the consuls and Octavius. Cicero rose next and delivered the following speech, objecting to the relinquishment of the robe of war, and blaming Servilius for not calling Antonius an enemy. The measures which he himself proposed were carried. I. If, O conscript fathers, while I learned from the letters which have been read that the army of our most wicked ene- mies had been defeated and routed, I had also learned what we all wish for above all things, and which we do suppose has resulted from that victory which has been achieved, — namely, 498 CICERO'S ORATIONS. that Decimus Brutus had already quitted Mutina, — then 1 should without any hesitation give my vote for our returning to our usual drees out of joy at the safety of that citizen on account of whose danger it was that we adopted the robe of war. But before any news of that event which the city looks for with the greatest eagerness arrives, we have sufficient re; - son indeed for joy at this most important and most illustrious battle ; but reserve, I beg you, your return to your usual dress for the time of complete victory. But the completion of this war is the safety of Decimus Brutus. But what is the meaning of this proposal that our dress shall be changed just for to-day, and that to-morrow we should again come forth in the garb of war ? Eather when we have once turned to that dress which we wish and desire to assume, let us strive to retain it forever ; for this is not only discreditable, but it is displeasing also to "the immortal gods, to leave their altars, which we have approached in the attire of peace, for the purpose of assuming the garb of war. And I notice, O conscript fathers, that there are some who favor this proposal: whose intention and design is, as they see that that will be a most glorious day for Decimus Brutus on which we return to our usual dress out of joy for his safety, to deprive him of this great reward, so that it may not be handed down to the recollection of posterity that the Roman people had recourse to the garb of war on account of the dan- ger of one single citizen, and then returned to their gowns of peace on account of his safety. Take away this reason, smd you will find no other for so absurd a proposal. But do you, O conscript fathers, preserve your authority, adhere to your own opinions, preserve in your recollection what you have often declared, that the whole result of this entire war depends on the life of one most brave and excellent man. II. For the purpose of effecting the liberation of Decimus Brutus, the chief men of the state were sent as embassadors, to give notice to that enemy and parricidal traitor to retire from Mutina; for the sake of preserving that same Decimus Brutus, Aulus Ilirtius, the consul, went by lot to conduct the war; a man the weakness of whose bodily health was made up for by the strength of his courage, and encouraged by the hope of victory; Ca-sar, too, after he, with an army levied by his own resources and on his own authority, had delivered the republic from the first dangers that assailed it, in order THE FOURTEENTH PHILIPPIC. 499 to prevent any subsequent wicked attempts from being origin- ated, departed to assist in the deliverance of the same Brutus, and subdued some family vexation which he may have felt by his attachment to his country. What other object had Caius Pansa in holding the levies which he did, and in collecting money, and in carrying the most severe resolutions of the senate against Antonius, and in exhorting us, and in inviting the Roman people to embrace the cause of liberty, except to insure the deliverance of Decimus Brutus ! For the Roman people in crowds demanded at his hands the safety of Decimus Brutus with such unanimous outcries, that he was compelled to prefer it not only to any consideration of his own personal advantage, but even to his own necessities. And that end we now, O conscript fathers, are entitled to hope is either at the point of being achieved, or is actually gained ; but it is right for the reward of our hopes to be reserved for the issue and event of the business, lest we should appear either to have anticipated the kindness of the gods by our over precipi- tation, or to have despised the bounty of fortune through our own folly. But since the manner of your behavior shows plainly enough what vou think of this matter, I will come to the letters which have arrived from the consuls and the propraetor, after I have said a few words relating to the letters themselves. III. The swords, O conscript fathers, of our legions and / armies have been stained with, or rather, I should say, dipped deep in blood in two battles which have taken place under the consuls, and a third, which has been fought under the command of Caesar. If it was the blood of enemies, then great is the piety of the soldiers ; but it is nefarious wicked- ness if it was the blood of citizens. How long, then, is that man, who has surpassed all enemies in wickedness, to be spared the name of enemy ? unless you wish to see the very swords of our soldiers trembling in their hands while they doubt whether they are piercing a citizen or an enemy. You vote a supplication ; you do not call Antonius an enemy. Very pleasing, indeed to the immortal gods will our thanks- givings be, very pleasing too the victims, after a multitude of our citizens has been slain ! " For the victory,'* says the pro- poser of the supplication, "over wicked and audacious men." For that is what this most illustrious man calls them; ex- pressions of blame suited to lawsuits carried on in the city, 500 CICERO'S ORATIONS. not denunciations of searing infamy such as deserved by in- ternecine war. I suppose they are forging wills, or trespass- ing on their neighbors, or cheating some young men ; for it is men implicated in these and similar practices that we are in the habit of terming wicked and audacious. One man, the foulest of all banditti, is waging an irreconcilable wai against four consuls. He is at the same time carrying on war against the senate and people of Rome. He is (although he is himself hastening to destruction, through the disasters which he has met with) threatening all of us with destruction, and devastation, and torments, and tortures. He declares that that inhuman and savage act of Dolabella's, which no nation of barbarians would have owned, was done by his ad- vice ; and what he himself would do in this city, if this very Jupiter, who now looks down upon us assembled in his tem- ple, had not repelled him from this temple and from these walls, he showed, in the miseries of those inhabitants of Par- ma, whom, virtuous and honorable men as they were, and most intimately connected with the authority of this order, and with the dignity of the Roman people, that villain and monster, Lucius Antonius, that object of the extraordinary detestation of all men, and (if the gods hate those whom they ought) of all the gods also, murdered with every circumstance of cruelty. My mind shudders at the recollection, O conscript fathers, and shrinks from relating the cruelties which Lucius Antonius perpetrated on the children and wives of the citizens of Parma. For whatever infamy the Antonii have willingly undergone in their own persons to their own infamy, they tri- umph in the fact of having inflicted on others by violence. But it is a miserable violence which they offered to them ; most unholy lust, such as the whole life of the Antonii is pol- luted with. IV. Is there then any one who is afraid to call those men enemies, whose wickedness he admits to have surpassed even the inhumanity of the Carthaginians? For in what city, when taken by storm, did Hannibal even behave with such ferocity as Antonius did in Parma, which he filched by surprise? Un- less, mayhap, Antonius is not to be considered the enemy of this colony, and of the others toward which he is animated with the same feelings. But if he is beyond all question the enemy of the colonies and municipal towns, then what do you consider him with respect to this city which he is so eager for, THE FOURTEENTH PHILIPPIC. 501 to satiate the indigence of his band of robbers'? which that skillful and experienced surveyor of his, Saxa, has already marked out with his rule. Recollect, I entreat you, in the name of the immortal gods, O conscript fathers, what we have been fearing for the last two days, in consequence of infamous rumors carefully disseminated by enemies within the walls. Who has been able to look upon his children or upon his wife without weeping ! who has been able to bear the sight of his home, of his house, and his household gods 1 Already all of us were expecting a most ignominious death, or meditating a miserable flight. And shall we hesitate to call the men at whose hands Ave feared all these things enemies? If any one should propose a more severe designation I will willingly agree to it ; I am hardly content with this ordinary one, and will certainly not employ a more moderate one. Therefore, as we are bound to vote, and as Servilius has al- ready proposed a most just supplication for those letters which have been read to you ; I will propose altogether to increase . the number of the days which it is to last, especially as it is to be decreed in honor of three generals conjointly. But first of all I will insist on styling those men imperator by whose valor, and wisdom, and good fortune we have been released from the most imminent danger of slavery and death. Indeed, who is there within the last twenty years who has had a sup- plication decreed to him without being himself styled impera- tor, though he may have performed the most insignificant ex- ploits, or even almost none at all. Wherefore, the senator who spoke before me ought either not to have moved for a supplication at all, or he ought to have paid the usual a^d established compliment to those men to whom even nswjfcdi. extraordinary honors are justly due. d me . V. Shall the senate, according to this custom ; e rs, not so now obtained, style a man imperator if he has sliouky ■— nj a sand or two of Spaniards, or Gauls, or Thraciai }- &a 4s that so many legions have been routed, now that\ j * 1 There were two wine feasts, Vinalia, at Rome : the vinalia urbana, celebrated on the twenty-third of April ; and the vinalia rustica, on the nineteenth of October. This was the urbana vinalia ; on which occasion the wine-casks which had been tilled in the autumn were tasted for the lir.it time. THE FOURTEENTH PHILIPPIC. 503 insolence, began to collect in one place, at that senate-house which has been more fatal to their party than to the republic. There, while they were forming a plan to massacre us, and were distributing the different duties among one another, and settling who was to seize on the Capitol, who on the rostra, who on the gates of the city, they thought that all the citizens would flock to me. And in order to bring me into unpopu- larity, and even into danger of my life, they spread abroad this report about the fasces. They themselves had some idea of bringing the fasces to my house ; and then, on pretense of that having been done by my wish, they had prepared a band of hired ruffians to make an attack on me as on a tyrant, and a massacre of all of you was intended to follow. The fact is already notorious, O conscript fathers, but the origin of all this wickedness will be revealed in its fitting time. Therefore Fublius Apuleius, a tribune of the people, who ever since my consulship has been the witness and partaker of, and my assistant in all my designs and all my dangers, could not endure the grief of witnessing my indignation. He convened a numerous assembly, as the whole Roman people were animated with one feeling on the subject. And when in the harangue which he then made, he, as was natural from our great intimacy and friendship, was going to exculpate me from all supicion in the matter of the fasces, the whole as- sembly cried out with one voice, that I had never had any intentions with regard to the republic which were not excel- lent. After this assembly was over, within two or three hours, these most welcome messengers and letters arrived ; so that the same day not only delivered me from a most un- just odium, but increased my credit by that most extraordi- nary act with which the Roman people distinguished me. I have made this digression, O conscript fathers, not so much for the sake of speaking of myself (for I should be in a sorry plight if I were not sufficiently acquitted in your eyes without the necessity of making a formal defense), as with the view of warning some men of too groveling and narrow minds, to adopt the line of conduct which I myself have al- ways pursued, and to think the virtue of excellent citizens -worthy of imitation, not of envy. There is a great field in the republic, as Crassus used very wisely to say ; the road to glory is open to many. VII. Would that those great men were still alive, who, 501 CICERO'S ORATIONS. after my consulship, when I myself was willing to yield to them, were themselves desirous to see me in the post of leader. But at the present moment, when there is such a dearth of wise and fearless men of consular rank, how great do you not suppose must be my grief and indignation, when I see some men absolutely disaffected to the republic, others wholly in- different to every thing, others incapable of persevering with any firmness in the cause which they have espoused ; and regulating their opinions not always by the advantage of the republic, but sometimes by hope, and sometimes by fear. But if any one is anxious and inclined to struggle for the leadership — though struggle there ought to be none — he acts very foolishly, if he proposes to combat virtue with vices. For as speed is only outstripped by speed, so among brave men virtue is only surpassed by virtue. Will you, if I am full of excellent sentiments with respect to the republic, adopt the worst possible sentiments yourself for the purpose of ex- celling me! Or if you see a race taking place for the ac- quisition of honors, will you summon all the wicked men you can find to your banner? I should be sorry for you to do so ; first of all, for the sake of the republic, and secondly, for that of your own dignity. But if the leadership of the state were at stake, which I have never coveted, what could be more desirable for me than such conduct on your part ? For it is impossible that I should be defeated by wicked sentiments and measures, — by good ones perhaps I might be, and I will- ingly would be. Some people are vexed that the Roman people should see, and take notice of, and form their opinion on these matters* Was it possible for men not to form their opinion of each in- dividual as he deserved? For as the Roman people forma a most correct judgment of the entire senate, thinking that at no period in the history of the republic was this order ever more firm or more courageous; so also they all inquire dili- gently concerning every individual among us; and especially in the case of those among us who deliver our sentiments at length in this place, they are anxious to know what those sentiments are ; and in that way they judge of each one of us, as they think that he deserws. They recollect that on the nineteenth of December I was the main cause of recover- ing our freedom ; that from the first of January to this hour I have never ceased watching over the republic; that day and THE FOURTEENTH PHILIPPIC. 505 nitrbt my house and my ears have been open to the instruction and admonition of every one ; that it has been by my letters, and my messengers, and my exhortations, that all men in every part of the empire have been roused to the protection of our country ; that it is owing to the open declaration of my opinion ever since the first of January, that no embas- sadors have been ever sent to Antonius ; that I have always called him a public enemy, and this a war ; so that I, who on every occasion have been the adviser of genuine peace, have been a determined enemy to this pretense of fatal peace. Have not I also at all times pronounced Ventidius an en- smy, when others wished to call him a tribune of the peo- ple 1 If the consuls had chosen to divide the senate on my opinion, their arms would long since have been wrested from the hands of all those robbers by the positive authority of the senate. VIII. But what could not be done then, O conscript fathers, at present not only can be, but even must be done. I mean, those men who are in reality enemies must be branded in plain language, must be declared enemies by our formal reso- lution. Formerly, when I used the words War or Enemy, men more than once objected to record my proposition among the other propositions. But that can not be done on the present occasion. For in consequence of the letters of Caius Pansa and Aulus Hirtius, the consuls, and of Caius Caesar, propraetor, we have all voted that honors be paid to the im- mortal gods. The very man who lately proposed and carried a vote for a supplication, without intending it pronounced those men enemies ; for a supplication has never been decreed for success in civil war. Decreed, do I say? It has never even been asked for in the letters of the conqueror. Sylla as consul carried on a civil war ; he led his legions into the city and expelled whomsoever he chose; he slew those whom he had in his power : there was no mention made of any suppli- cation. The violent war with Octavius followed. Cinna the conqueror had no supplication voted to him. Sylla as im- perator revenged the victory of Cinna, still no supplication was decreed by the senate. I ask you yourself, O Publius Servilius, did your colleague send you any letters concerning that most lamentable battle of Pharsalia ? Did he wish you to make any motion about a supplication'? Certainly not. But he did afterward when he took Alexandria : when he d»- Y 506 CICERO'S ORATIONS. feated Pharnaces ; but for the battle of Pharsalia he did not even celebrate a triumph. For that battle had destroyed those citizens whose, I will not say lives, but even whose victory might have been quite compatible with the safety and prosper- ity of the state. And the same thing had happened in the previous civil wars. For though a supplication was decreed in my honor when I was consul, though no arms had been had recourse to at all, still that was voted by a new and wholly unprecedented kind of decree, not for the slaughter of enemies, but for the preservation of the citizens. Wherefore, a suppli- cation on account of the atfairs of the republic having been suc- cessfully conducted must, O conscript fathers, be refused by you even though your generals demand it ; a stigma which has never been affixed on any one except Gabinius ; or else, by the mere fact of decreeing a supplication, it is quite inevi- table that you must pronounce those men, for whose defeat you do decree it, enemies of the state. IX. What then Servilius did in effect, I do in express terms, when I style those men imperators. By using this name, I pronounce those who have been already defeated, and those who still remain, enemies in calling their conquerors im- perators. For what title can I more suitably bestow on Pan- sa % Though he has, indeed, the title of the highest honor in the republic. What, too, shall I call Hirtius? He, indeed, is consul ; but this latter title is indicative of the kindness of the Roman people; the other of valor and victory. What? Shall I hesitate to call Caesar imperator, a man born for the republic by the express kindness of the gods? He who was the first man who turned aside the savage and disgraceful cruelty of Antonius, not only from our throats, but from our limbs and bowels? What numerous and what important vir- tues, O ye immortal gods, were displayed on that single day. For Pansa was the leader of all in engaging in battle and in combating with Antonius; O general worthy of the Martial legfm, legion worthy of its general! Indeed, if he had been able to restrain its irresistible impetuosity, the whole war would have been terminated by that one battle. But as the legion, eager for liberty, had rushed with too much precipita- tion against the enemy's iin^ of battle, and as Pansa himself was fighting in the front ranks, lie received two dangerous wounds, and was borne out of *he battle, to preserve his life for the republic. But T pronounce -him not only imperator, THE FOURTEENTH PHILIPPIC. 507 but a most illustrious imperator ; who, as he had pledged him- self to discharge his duty to the republic either by death or by victory, has fulfilled one half of his promise ; may the immor- tal gods prevent the fulfillment of the other half! X. Why need I speak of Hirtius? who, the moment he heard of what was going on, with incredible promptness and courage led forth two legions out of the camp ; that noble fourth legion, which, having deserted Antonius, formerly united itself to the Martial legion; and the seventh, which, eonsi ing wholly of veterans, gave proof in that battle that name of the senate and people of Rome was dear to I diers who preserved the recollection of the kindness of ( a sar. With these twenty cohorts, with no cavalry, while Hirtius himself was bearing the eagle of the fourth legion, — and we never heard of a more noble office being assumed by any gen- eral, — he fought with the three legions of Antonius and with his cavalry, and overthrew, and routed, and put to the sword those impious men who were the real enemies to this temple of the all-good and all-powerful Jupiter, and to the rest of the temples of the immortal gods, and the houses of the city, and the freedom of the Eoman people, and our lives and actual ex. istence ; so that that chief and leader of robbers fled away wiih a very few followers, concealed by the darkness of night, and frightened out of all his senses. Oh what a most blessed day was that, which, while the car- casses of those parricidal traitors were strewed about every where, beheld Antonius riving with a few followers, before he reached his place of concealment. But will any one hesitate to call Caesar imperatoi certainly his age will not deter any one from agreeing to this proposition, since he has gone beyond his age in virtue. And to me, indeed, the services of Caius Caesar have always ap- peared the more thankworthy, in proportion as tl less to have been expected from a man of his age. For wher we conferred military command on him, we were in en- couraging the hope with which his name inspired us; and now that he has fulfilled those hopes, he has sanctioned I authority of our decree by his exploits. This young man of great mind, as Hirtius most truly calls him in his letters, with a few cohorts defended the camp of many legions, and fought a successful battle. And in this manner the republic has on one day been preserved in many places by the valor, 508 CICERO'S ORATIONS. and wisdom, and good fortune of three imperators of the Ro- man people. XI. I therefore propose supplications of fifty days in the joint names of the three. The reasons I will embrace in the words of the resolution, using the most honorable language that I can devise. But it becomes our good faith and our piety to show plain- ly to our most gallant soldiers how mindful of their services and how grateful for them we arc ; and accordingly I give my vote that our promises, and those pledges too which we prom- ised to bestow on the legions when the war was finished, be repeated in the resolution which we are going to pass this day. For it is quite fair that the honor of the soldiers, es- pecially of such soldiers as those, should be united with that of their commanders. And I wish, O conscript fathers, that it was lawful for us to dispense rewards to all the citizens ,- although we will give those which we have promised with the most careful usury. But that remains, as I well hope, to the conquerors, to whom the faith of the senate is pledged; and, as they have adhered to it at a most critical period of the republic, we are bound to take care that they never have cause to repent of their conduct. But it is easy for us to deal fairly by those men whose very services, though mute, appear to demand our liberality. Tins is a much more praise- worthy and more important duty, to pay a proper tribute of grateful recollection to the valor of those men who have shed their blood in the cause of their countrv. And I wish more suggestions could occur to me in the way of doinsr honor to those men. The two ideas which principally do occur to me, I will at all events not pass over; the one of which has refer- ence to the everlasting glory of those bravest of men ; the oth- er may tend to mitigate the sorrow and mourning of their re- lations. XII. I therefore give my vote, O conscript fathers, that the most honorable monument possible be erected to the sol- diers of the Martial legion, and to those soldiers also who died fighting by their side. Great and incredible are the serv- ices done by this legion to the republic. This was the first legion to tear itself from the piratical band of Antonius; this was the legion which encamped at Alba; this was the legion that went over to Caesar; and it was in imitation of the con- duct of this legion that the fourth legion lias earned almost THE FOURTEENTH PHILIPPIC. 509 equal glory for its virtue. The fourth is victorious without having lost a man ; some of the Martial legion fell in the very moment of victory. Oh happy death, which, due to na ture, has been paid in the cause of one's country ! But I con- sider you men born for your country ; you whose very name is derived from Mars, so that the same god who begot this city for the advantage of the nations, appears to have begotten you for the advantage of this city. Death in flight is infa-. mous ; in victory glorious. In truth, Mars himself seems to select all the bravest men from the battle array. Those im- pious men whom you slew, shall even in the shad - I clow pay the penalty of their parricidal treason. But you, who have poured forth your latest breath in victory, have earn an abode and place among the pious. A brief life allotted to us by nature ; but the memory of a well-spent life is imperishable. And if that memory were no longer than this life, who would be so senseless as to strive to attain even the highest praise and glory by the most enormous labors and dangers ? You then have fared most admirably, being the bravest of soldiers while you lived, and now the most holy of warriors, because it will be impossible for your virtue to be buried, either through the forgetfulness of the men of the present age, or the silence of posterity, since the senate and Ronu people will have raised to you an imperishable monument. J may almost say with their own hands. Many armies a times have been great and illustrious in the Punic, and Gallic, and Italian wars ; but to none of them have honors been paid of the description which are now conferred on you. And 1 wish that we could pay you even greater honors, since we received from you the greatest possible services. You it was who turned aside the furious Ant cuius from this city ; you it was who repelled him when endeavoring to return. There shall therefore be a vast monument erected with The most sumptuous work, and an inscription engraved upon it, as the everlasting witness of your godlike virtue. And never shall the most grateful language of all who either see or hear of your monument cease to be heard. And in this manner you, in exchange for your mortal condition of life, nave attained im- mortality. XIII. But since, O conscript fathers, the gift of glory conferred on these most excellent and gallant citizens by the 510 CICERO'S ORATIONS. honor of a monument, let us comfort their relations, to whom this indeed is the best consolation. The greatest comfort for their parents is the reflection that they have produced sons who have been such bulwarks of the republic ; for their chil- dren, that they will have such examples of virtue in their fam- ily ; for their wives, that the husbands whom they have lost are men whom it is a credit to praise, and to have a right to mourn for ; and for their brothers, that they may trust that, as they resemble them in their persons, so they do also in their virtues. Would that we were able by the expression of our senti- ments and by our votes to wipe away the tears of all these persons ; or that any such oration as this could be publicly addressed to them, to cause them to lay aside their grief and mourning, and to rejoice rather, that, while many various kinds of death impend over men, the most honorable kind of all has fallen to the lot of their friends ; and that they are not unburied, nor deserted ; though even that fate, when in- curred for one's country, is not accounted miserable ; nor burned with equable obsequies in scattered graves, but en- tombed in honorable sepulchres, and honored with public of- ferings ; and with a building which will be an altar of their valor to insure the recollection of eternal ages. Wherefore it will be the greatest possible comfort to their relations, that by the same monument are clearly displayed the valor of their kinsmen, and also their piety, and the good faith of the senate, and the memory of this most inhuman war, in which, if the valor of the soldiers had been less conspicuous, the very name of the Koman people would have perished by the parricidal treason of Marcus Antonius. And I think also, O conscript fathers, that those rewards which we promised to bestow on the soldiers when we had recovered the republic, we should give with abundant usury to those who are alive and victorious when the time comes ; and that in the case of the men to whom those rewards were promised, but who have died in the defense of their country, I think those same re- wards should be given to their parents or children, or wives or brothers. XIV. But that I may reduce my sentiments into a formal motion, I give my vote that, "As Caius Pansa, consul, imperator, set the example of fighting with the enemy in a battle in which the Martial le- THE FOURTEENTH PHILIPPIC. 511 gion defended the freedom of the Roman people with admira- ble and incredible valor, and the legions of the recruits be- haved equally well ; and as Caius Pansa, consul, imperator, while engaged in the middle of the ranks of the enemy receiv- ed wounds ; and as Aulus Hirtius, consul, imperator, the mo- ment that he heard of the battle, and knew what was going on, with a most gallant and loyal soul, led his army out of his camp and attacked Marcus Antonius and his army, and put his troops to the sword, with so little injury to his own army that he did not lose one single man ; and as Caius Caesar, propraetor, imperator, with great prudence and energy defend- ed the camp successfully, and routed and put to the sword the forces of the enemy which had come near the camp : " On these accounts the senate thinks and declares that the "* Roman people has been released from the most disgraceful and cruel slavery by the valor, and military skill, and prudence, and firmness, and perseverance, and greatness of mind and good fortune of these their generals. And decrees that, as they have preserved the republic, the city, the temples of the immortal gods, the property and fortunes and families of all the citizens, by their own exertions in battle, and at the risk of their own lives ; on account of these virtuous and gallant and successful achievements, Caius Pansa and Aulus Hirtius, the consuls, imperators, one or both of them, or, in their ab- sence, Marcus Cornutus, the city praetor, shall appoint a sup- plication at all the altars for fifty days. And as the valor of $¥ the legions has shown itself worthy of their most illustrious generals, the senate will with great eagerness, now that the republic is recovered, bestow on our legions and armies all the rewards which it formerly promised them. And as the Mar- tial legion was the first to engage with the enemy, and fought in such a manner against superior numbers as to slay many and take some prisoners; and as they shed their blood for their country without any shrinking; and as the soldiers of the other legions encountered death with similar valor in de- fense of the safety and freedom of the Roman people ; — the senate does decree that Caius Pansa and Aulus Hirtius, the consuls, imperators, one or both of them if it seems good to them, see to the issuing of a contract for, and to the erecting, the most honorable possible monument to those men who shed their blood for the lives and liberties and fortunes of the -Sioman people, and for the city and temples of the im' 512 CICERO'S ORATIONS. mortal gods ; that for that purpose they shall order the city quaestors to furnish and pay money, in order that it may be a witness for the everlasting recollection of posterity of the wickedness of our most cruel enemies, and the godlike valor of our soldiers. And that the rewards which the senate pre- viously appointed for the soldiers, be paid to the parents or children, or wives or brothers of those men who in this war have fallen in defense of their country ; and that all honors be bestowed on them which should have been bestowed on the soldiers themselves, if those men had lived who gained the victory by their death/' THE FOURTH BOOK OF THE SECOND PLEADING IN THE PROSECUTION OF VERRES. ABOUT THE STATUES. THE ARGUMENT, The subject of this oration is the manner in which Yerres had plundered not only private individuals, but even some temples, of valuable stat- ues, and other works of art. Among the instances given some of the most prominent are the plunder of Heius, a Messanian ; of Philarchus, or Centuripa ; of several other private citizens ; of Antiochus, the king ; and of the temples of Diana, Mercury, and Ceres. A French transla- tor in commenting on this oration says, with reference to the slighting way in which Cicero speaks of the works of art thus stolen : " The Romans struggled for some time against the seductive power of the arts of Greece, to which for many ages they were strangers. At first they really did despise them ; afterward they affected to despise them ; but at last they were forced to bow the head beneath the brilliant yoke of luxury ; and Greece, industrious, learned, and polite, subdued by the admiration which it extorted, the ignorant, unlettered, and rude bar- barians who had conquered her by force. Faithful to the ancient max- ims of the republic, Cicero in this oration speaks only with a sort of disdain of the arts and works of the most famous artists. He even pre- tends sometimes not to be too well acquainted with the names of the most celebrated statuaries ; he often repeats, and with a kind of affec- tation, that he knows very little of painting or sculpture ; and rather _p_rides himself, as one may say, on his ignorance. He seems to regard a taste for art as unworthy of the Romans, and the finest chefs d'uvrrr as children's toys, fit to amuse the trifling and frivolous minds of the Greeks, whose name he usually expresses by a contemptuous dimin- utive (Graculi), but little calculated to fix the attention, or attract tb» esteem or wishes of a Roman mind. AGAINST VERRES. 513 ****** * In general there runs through these orations a tone more calculated to render Verres ridiculous, than to make one feel how much there was in all his attempts which was odious and horrible. The orator even permitted himself some pleasantries, for which his taste has been, per- haps too severely, called in question. Cicero bad no dislike to puns, and has played a "good deal on the name of Verres, which means a boar. He_jataS-Joo eager to acquire the reputation of a wit. It is true that the person of Verres was sufficiently inviting as a subject for ridicule. He was one of those gross men overloaded with fat, in whom the bulk of body appears to stifle all delicacy of moral feeling. As he had tried to carry off a statue of Hercules which his people could with difficulty move upon its pedestal, Cicero calls this the thirteenth of the labors of Hercules. And playing continually on the name oi Verres, he com- pares him to the boar of Erymanthus. At another time he calls him the drag-net of Sicily, because the name Verres has some resemblance to the word everriuclum, which signifies a drag-net.'' Hortensius endeavored to defend Verres from the charge of having stolen these statues, &c, of which he admits that he had become the possess- or, by contending that he had bought them. But it was contrary to the laws for a magistrate to purchase any such articles in his province ; and Cicero shows also that the prices alleged to have been given are so wholly disproportionate to their value, that it is ridiculous to assert that the things had been purchased and not taken by force. I. I come now to what Verres himself calls his passion ; what his friends call his disease, his madness ; what the Si- cilians call his rapine ; what I am to call it, 1 know not. I will state the whole affair to you, and do you consider it ac- cording to its own importance and not by the importance of its name. First of all, O judges, suffer me to make you ac- quainted with the description of this conduct of his; and then, perhaps, you will not be very much puzzled to know by what name to call it. I say that in all Sicily, in all that wealthy and ancient province, that in that number of towns and families of such exceeding riches, there was no silver ves- sel, no Corinthian or Delian plate, no jewel or pearl, nothing made of gold or ivory, no statue of marble or brass or ivory, no picture whether painted or embroidered, that he did not seek out, that he did not inspect, that, if he liked it, he did not take away. I seem to be making a very extensive charge ; listen now to the manner in which I make it. For I am not embracing every thing in one charge for the sake of making an impression, or of exaggerating his guilt. When I pay that he left nothing whatever of the sort in the whole province, know that I am speaking according to the strict waning of the words, and not in the spirit of an accuser, i *vill speak Y2 614 CICERO'S ORATIONS. even more plainly ; I will say that he has left nothing in any one's house, nothing even in the towns, nothing in public places, not even in the temples, nothing in the possession of any Sicilian, nothing in the possession of any Roman citizen ; that he has left nothing, in short, which either came before his eyes or was suggested to his mind, whether private prop- erty or public, or profane or sacred, in all Sicily. Where then shall I begin rather than with that city which was above all others in your affection, and which was your chosen place of enjoyment? or with what class of men rather than with your flatterers ? For by that means it will be the more easily seen how you behaved among those men who hate you, who accuse you, who will not let you rest, when you are proved to have plundered among the Mamertines, who are your friends, in the most infamous manner. II. Caius Heius is a Mamertine — all men will easily grant me this who have ever been to Messana ; the most accomplished man in every point of view in all that city. His house is the very best in all Messana, — most thoroughly known, most con- stantly open, most especially hospitable to all our fellow-citi- zens. That house before the arrival of Verres was so splendidly adorned, as to be an ornament even to the city. For Messana itself, which is admirable on account of its situation, its forti- fications, and its harbor, is very empty and bare of those things in which Verres delights. There was in the house of Heius a private chapel of great sacredness, handed down to him from his ancestors, very ancient ; in which he had four very beautiful statues, made with the greatest skill, and of very high charac- ter; calculated not only to delight Verres, that clever and accomplished man, but even any one of us whom he calls the mob : — one, a statue of Cupid, in marble, a work of Praxiteles ; for in truth, while I have been inquiring into that man's con- duct, I have learned the names of the workmen ; it was the same workman, as I imagine, who made that celebrated Cupid of the same figure as this which is at Thespiae, on account of which people go to see Thespian, for there is no other reason for going to see it ; and therefore that great man Lucius Mummius, when he carried away from that town the statues of the Muses which are now before the temple of Good For- , tune, and the other statues which were nut consecrated, did not touch this marble Cupid, because it had been consecrated. III. But to return to that private chapel ; there was this AGAINST VERRES 515 statue, which I am speaking of, of Cupid, made of marble. On the other side there was a Hercules, beautifully made of brass ; that was said to be the work of Myron, as I believe, and it undoubtedly was so. Also before those gods there were lit- tle altars, which might indicate to any one the holiness of the chapel. There were besides two brazen statues, of no very great size, but of marvelous beauty, in the dress and robes of virgins, which with uplifted hands were supporting some sa- cred vessels which were placed on their heads, after the fashion of the Athenian virgins. They were called the Canephorce, but their maker was .... (who ? who was he ? thank you, you are quite right), they called him Polycletus. Whenever any one of our citizens went to Messana, he used to go and see these statues. They were open every day for people to go to see them. The house was not more an ornament to its master, than it was to the city. Caius Claudius, whose aBdileship we know to have been a most splendid affair, used this statue of Cupid, as long as he kept the forum decorated in honor of the immortal gods and the Roman people. And as he was connected by ties of hos- pitality with the Heii, and was the patron of the Mamertine people, — as he availed himself of their kindness to lend him this, so he was careful to restore it. There have lately been noble men of the same kind, O judges ; — why do I say lately? Ay, we have seen some veiy lately, a very little while ago indeed, who have adorned the forum and the public buildings, not with the spoils of the provinces, but with ornaments be- longing to their friends, — with splendid things lent by their own connections, not with the produce of the thefts of guilty men, — and who afterward have restored the statues and decorations, each to its proper owner ; men who have not taken things away out of the cities of our allies for the sake of a four-day festival, under pretense of the shows to be exhibited in their asdileship, and after that carried them off to their own homes, and their own villas. All these statues which I have mention- ed, O judges, Verres took away from Heius, out of his private chapel. He left, I say, not one of those things, nor any thing else, except one old wooden figure, — Good Fortune, as I be- lieve ; that, forsooth, he did not choose to have in his house! IV. Oh ! for the good faith of gods and men ! What is the meaning of all this / What a cause is this! What impudence is this ! The statues which I am speaking of, before they were 516 CICERO'S ORATIONS taken away by you, no commander ever came to Mcssana with- out seeing. So many praetors, so many consuls as there have been in Sicily, in time of peace, and in time of war ; so many men of every sort as there have been — I do not speak of up- right, innocent, conscientious men, but so many covetous, so many audacious, so many infamous men as there have been, not one of them all was violent enough, or seemed to himself powerful enough or noble enough, to venture to ask for, or to take away, or even to touch any thing in that chapel. Shall Verres take away every thing which is most beautiful every where? Shall it not be allowed to any one besides to have any thing'? Shall that one house of his contain so many wealthy houses'? Was it for this reason that none of his pred- ecessors ever touched these things, that he might be able to carry them off? Was this the reason why Caius Claudius Pulcher restored them, that Caius Verres might be able to steal them ? But that Cupid had no wish for the house of a pimp and the establishment of a harlot ; he was quite content to stay in that chapel where he was hereditary ; he knew that he had been left to Heius by his ancestors, with the rest of the sacred things which he inherited ; he did not require the heir of a prostitute. But why am 1 borne on so impetuously? I shall in a moment be refuted by one word. "I bought it," says he. O ye immortal gods, what a splendid defense ! we sent a broker into the province with military command and with the forces, to buy up all the statues, all the paintings, all the silver plate and gold plate, and ivory, and jewels, and to leave nothing to any body. For this defense seems to me to be got ready for every thing ; that he bought them. In the first place, if I should grant to you that which you wish, namely, that you bought them, since against all this class of accusations you are going to use this defense alone, I ask what sort of tribunals you thought that there would be at Rome, if you thought that any one would grant you this, that you in your praetorship and in your command 1 bought up so many 1 The Latin word is imperium., " Imperium (as opposed to Potestas) is the power which was conferred by the state upon an individual who was appointed to command an army. . . . The imperium was as necessary lor the governor of a province, as" for a general who merely commanded the armies of the republic . as without it he could not exercise military au- thority. ... It was conferred by a special law, and was limited, it' not hy the terms in which it was conferred, at least by usage. It could not be held or exercised within the city." — Smith. Diet. Ant. p. .508. v ImpcriuJn AGAINST VERRES 517 and such valuable things, — every thing, in short, which was of any value in the whole province. V. Remark the care of our ancestors, who as yet suspected no sucli conduct as this, but yet provided against the things which might happen in affairs of small importance. They thought that no one who had gone as governor 1 or as lieuten- ant into a province would be so insane as to buy silver, for that was given him out of the public funds ; or raiment, for that was afforded him by the laws; they thought he might buy a slave, a thing which we all use, and which is not pro- vided by the laws. They made a law, therefore, "that no one should buy a slave except in the room of a slave who was dead." If any slave had died at Rome ? No, if any one had died in the place where his master was. For they did not mean you to furnish your house in the province, but to be of use to the province in its necessities. What was the reason why they so carefully kept us from making purchases in the provinces? This was it, O judges, because they thought it a robbery, not a purchase, when the seller was not allowed to sell on his own terms. And they were aware that, in the provinces, if he who was there with the command and power 1 of a governor wished to purchase what was in any one's pos- session, and was allowed to do so, it would come to pass that he would set whatever he chose, whether it was to be sold or not, at whatever price he pleased. Some one will say, " Do not deal with Yerres in that manner ; do not try and exam- ine his actions by the standard of old-fashioned conscientious- ness ; allow him to have bought them without being punish- ed for it, provided he bought them in a fair way. not through any arbitrary exercise of power, nor from any one against his will, or by violence." I will so deal with him. If Heius had any thing for sale, if he sold it for the price at which he val- ued it, I give up inquiring why you bought it. 1 The Latin word in each case is potcstas. ' ; According to Paulus, potestas, as applied to a magistrate, is equivalent to impeiium. . . . But potestas is applied to magistrates who had not the imperium, as, for in- stance, to quaestors and tribunes of the people : and potestas and impe- rium are often opposed in Cicero. Thus it seems that potestas, like m other Roman terms, had both a wider cation and a narrower on* ; in its wider signification it might mean ad the power that was delegated to any person by the state, whatever might be the extent of that power ; in its narrower signification, it was on the one hand equivalent to impe- rium, and on the other it expressed the power of those functionaries who had not the imperium." — Smith, Diet. Ant. p. 721, v. Potestas. 518 CICERO'S ORATIONS. VI. What then are we to do? Are we to use arguments in a case of this sort? We must ask, I suppose, whether Ileius was in debt, whether he had an auction, — if he had, whether he was in such difficulties about money matters, whether he was oppressed by such want, by such necessity, as to strip his private chapel, to sell his paternal gods. But I see that the man had no auction ; that he never sold any thing except the produce of his land; that he not only had no debts, but that he had always abundance of ready money. Even if all these things were contrary to what I say they were, still I say that he would not have sold tilings which had been so many years in the household and chapel of his ancestors. "What will you say if he was persuaded by the greatness of the sum given him for them?" It is not probable that a man, rich as he was, honorable as he was, should have preferred money to his own religious feelings and to the memorials of his ancestors. " That may be, yet men are sometimes led away from their habits and principles by large sums of money." Let us see, then, how great a sum this was which could turn Ileius, a man of exceeding riches, by no means covetous, away from decency, from affection, and from religion. You ordered him, I suppose, to enter in his account-books, "All these statues of Praxiteles, of Myron, of Polycletus, were sold to Verres for six thousand five hundred sesterces." Read the extracts from his accounts — [ The accounts of Ileius are read.~\ I am delighted that the illustrious names of these workmen, ^hom those men extol to the skies, have fallen so low in the estimation of Verres — the Cupid of Praxiteles for sixteen hun- dred sesterces. From that forsooth has come the proverb, "I had rather buy it than ask for it." VII. Some one will say, "What ! do you value those things at a very high price?" But I am not valuing them according to any calculation of my own, or any need which I have for them ; but I think that the matter ought to be looked at by ;• u in this light, — what is the value of these things in the i inion of those men who are judges of these things; at what price they are accustomed to be sold; at what price these very things could be sold, if they were sold openly and free- ly ; lastly, at what price Verres himself values them. For he would never have been so foolish, if he had thought that Cu- AGAINST VERRES. 510 pid worth only four hundred denarii, as to allow himself w be made a subject for the common conversation and general reproach of men. "Who then of you all is ignorant at how great a price these things are valued ? Have we not seen at an auction a brazen statue of no great size sold for a hundred and twenty thousand sesterces I What if I were to choose to name men who have bought similar things for no less a price, or even for a higher one? Can I not do so? In truth, the only limit to the valuation of such things is the desire which any one has for them, for it is difficult to set bounds to the price unless you first set bounds to the wish. I see then that Heius was neither led by his inclination, nor by any tempo- rary difficulties, nor by the greatness of the sum given, to sell these statues ; and that you, under the pretense of purchase which you put forward, in reality seized and took away these things by force, through fear, by your power and authority, from that man, whom, along with the rest of our allies in that country, the Roman people had intrusted not only to your power, but also to your upright exercise of it. What can there be, judges, so desirable for me in making this charge, as that Heius should say this same thing? Nothing certain- ly ; but let us not wish for what is difficult to be obtained- Heius is a Mamertine. The state of the Mamertines alone, by a common resolution, praises that man in the name of the city. To all the rest of the Sicilians he is an object of hatred; by the Mamertines alone is he liked. But of that deputation which has been sent to utter his praises, Heius is the chief man ; in truth, he is the chief man of his city, and too much occupied in discharging the public duties imposed upon him :o speak of his private injuries. Though I was aware of and had given weight to these considerations, still, O judges, I trusted myself to Heius. I produced him at the first plead- ing ; and indeed I did it without any danger, for what answer could Heius give even if he turned out a dishonest man, and unlike himself? Could he say that these statues were at his house, and not with Verres ? How could he say any thing of that sort ? If he were the basest of men, and were inclined to lie most shamelessly, he would say this; that he had had them for sale, and that he had sold them at the price he wanted for them. The man the most noble in all his citv, who was es- pecially anxious that you should have a high opinion of his conscientiousness and of his worth, says first, that he spoke in 520 CICEFO'S ORATIONS. Verres's praise by the public authority of his city, because that commission had been given to him ; secondly, that he had not had these things for sale, and that, if he had been al- lowed to do what he wished, he could never have been in- duced by any terms to sell those things which were in his private chapel, having been left to him and handed down to him from his ancestors. VIII. Why are you sitting there, O Yerres? What are you waiting for? Why do you say you are hemmed in and overwhelmed by the cities of Centuripa, of Catina, of Halesa, of Tyndaris, of Enna, of Agyrium, and by all the other cities of Sicily? Your second country, as you used to call it, Mes- sana herself attacks you ; your own Messana, I say; the assist- ant in your crimes, the witness of your lusts, the receiver of your booty and your thefts. For the most honorable man of that city is present, a deputy sent from his home on account of this very trial, the chief actor in the panegyric on you ; who praises you by the public order of his city, for so he has been charged and commanded to do. Although you recollect, O judges, what he answered when he was asked about the ship ; that it had been built by public labor, at the public expense, and that a Mamertine senator had been appointed by the pub- lic authority to superintend its building. Heius in his private capacity flees to you for aid, O judges; he avails himself of this law, the common fortress of our allies, by which this tri- bunal is established. Although there is a law for recovering money which has been unjustly extorted, he says that he docs not seek to recover any money ; which, though it has been taken from him, he does not so much care about ; but he says he does demand back from you the sacred images belonging to his ancestors, he does demand back from you his hereditary household gods. Have you any shame, O Yerres? have you any religion? have you any fear ? You have lived in Heius's house at Messana ; you saw him almost daily performing sa- cred rites in his private chapel before those gods. He is not influenced by money; he does not even ask to have thoso things restored which were merely ornaments. Keep the Canephorne; restore the images of the gods. And because he said this, because after a given time he, an ally and friend of the Roman people, addressed his complaints to you in a mod- erate tone, because he was very attentive to religious obliga- tion not only while demanding back his paternal gods, bnl AGAINST VERRES. 521 also in giving his evidence on oath ; know that one of the deputies has been sent back to Messana, that very man who superintended the building of that ship at the public expense, to demand from the senate that Heius should be condemned to an ignominious punishment. IX. O most insane of men, what did you think ? that you should obtain what you requested"? Did you not know how greatly he was esteemed by his fellow-citizens ; how great his influence was considered? But suppose you had obtained your request ; suppose that the Mamertines had passed any severe vote against Heius, what do you think would have been the authority of their panegyric, if they had decreed punish- ment to the man who it was notorious had given true evi- dence ? Although, what sort of praise is that, when he who utters it, being questioned, is compelled to give answers inju- rious to him whom he is praising ? "What ! are not those who are praising you, my witnesses'? Heius is an encomiast of yours; he has done you the most serious injury. I will bring forward the rest ; they will gladly be silent about all that they are allowed to suppress ; they will say what they can not help saying, unwillingly. Can they deny that a trans- port of the largest size was built for that man at Messana ? Let them deny it if they can. Can they deny that a Mamer- tine senator was appointed by the public authority to super- intend the building of that ship ! I wish they would deny it. There are other points also which I prefer reserving unmen- tioned at present, in order to give as little time as possible to them for planning and arranging their perjury. Let this praise, then, be placed to your account ; let these men come to your relief with their authority, who neither ought to help you if they were able, nor could do so if they wished; on whom in their private capacity you have inflicted many inju- ries, and put many affronts, while in their city you have dis- honored many families forever by your adulteries and crimes. "But you have been of public service to their city." Not without great injury to the republic and to the province of Sicily. They were bound to supply and they used to supply sixty thousand modii of wheat to the Roman people for pay- ment; that was remitted by you of your own sole authority. The republic was injured because by your means its rio- ethus, of exquisite workmanship and great weight, he went home very sad in truth, and greatly agitated, because a vessel of that sort, which had been left to him by his father and his forefathers, and which he was accustomed to use on days of festival, and on the arrival of ancient friends, had been taken from him. While I was sitting at home, said he, in great in- dignation, up comes one of the slaves of Venus; he orders me immediately to bring to the prretor some embossed goblets. I was greatly vexed, said he; I had two; I order them both to be taken out of the closet, lest any worse thing should happen, and to be brought after me to the praetor's house. When I got there the praetor was asleep ; the Cibyratic brother* were AGAINST VERRES 527 walking about, and when they saw me, they said, Pamphilus, where are the cups? I show them with great grief; — they praise them. — I begin to complain that I shall have nothing left of any value at all, if my cups too were taken away. Then they, when they see me vexed, say, Wliat are you willing to give us to prevent these from being taken from you? To make my story short, I said that I would give six hundred sesterces. Meantime the praetor summons us; he asks for the cups. Then they began to say to the praetor, that they had thought from what they had heard, that Pamphilus' s cups were of some value, but that they were miserable things, epiite unworthy of Verres's having them among his plate. He said, he thought^. so too. So Pamphilus saved his exquisite goblets. And in- deed, before I heard this, though I knew that it was a very trifling sort of accomplishment to understand things of that sort, yet I used to wonder that he had any knowledge of them at all, as I knew that in nothing whatever had he any quali- ties like a man. XY. But when I heard this, I then for the first time un- derstood that that was the use of these two Cibyratic broth- ers; that in his robberies he used his own hands, but their eyes. But he was so covetous of that splendid reputation of J being thought to be a judge of such matters, that lately (just observe the man's madness), after his case was adjourned, wheu m he was already as good as condemned, and civilly dead, at the time of the games of the circus, when earlv in the morning the couches were spread in preparation for a banquet at the house of Lucius Sisenna, a man of the first consideration, and when the plate was all set out, and when, as was suited to the dignity of Lucius Sisenna, the house was full of honorable men, he came to the plate, and began in a leisurely way to examine and consider every separate piece. Some marveled at the folly of the man, who, while his trial was actually goiv.g on, was increasing the suspicion of that covetousness of which he was accused ; others marveled at his insensibility, that any such things could come into his head, when the time for judg- ment in his cause was so near at hand, and when so many witnesses had spoken against him. But Sisenna's servants, who, I suppose, had heard the evidence which had been given against him, never took their eyes oiF him, and never departed out of reach of the plate. It is the part of a sagacious judge, from small circumstances to form his opinion of every man's 528 CICERO'S ORATIONS covetousncFs or incontinence. And will any one believe that this man when praetor, was able to keep either his covetous- ness or his hands from the plate of the Sicilians, when, though a defendant, and a defendant within two days of judgment, a man in reality, and in the opinion of all men as good as already condemned, he could not in a large assembly restrain himself from handling and examining the plate of Lucius Sisenna? XYL But that my discourse may return to Lilybseum, from which I have made this digression, there is a man named Dio- des, the son-in-law of Pamphilus, of that Pamphilus from whom the ewer was taken away, whose surname is Popillius. From this man he took away every article on his side-board where his plate was set out. He may say, if he pleases, that he had bought them. In fact, in this case, by reason of the magni- tude of the robbery, an entry of it, I imagine, has been made in the account-books. He ordered Timarchides to value the plate. How did he do it? At as low a price as any one ever valued any thing presented to an actor. Although I have been for some time acting foolishly in saying so much about your purchases, and in asking whether you bought the things, and how, and at what price you bought them, when I can settle all that by one word. Produce me a written list of what plate you acquired in the province of Sicily, from whom, and at what price you bought each article. What will you do ? Though I ought not to ask you for these ac- counts, for I ought to have your account-books and to pro- duce them. But you say that you never kept any accounts of your expenses in these years. Make me out at least this one which I am asking for, the account of the plate, and I will not mind the rest at present. " I have no writings of the sort ; I can not produce any accounts." What then is to be done? What do you think that these judges can do? Your house was full of most beautiful statues already, before your praetorship; many were placed in your villas, many were de- posited with your friends ; many were given and presented to other people; yet you have no accounts speaking of any sin- gle one having been bought. All the plate in Sicily has been laken away. There is nothing left to any one that can be called his own. A scandalous defense is invented, that the praetor bought all that plate; and yet that ('an not he proved by any accounts. If you do produce any accounts, still there is no entry in them how you have acquired tvhat you havo AGAINST VERRES. 529 got. But of these years during which you say that you bought the greatest number of things, you produce no ac- counts at all. Must you not inevitably be condemned, both by the accounts which you do, and by those which you do not produce ? XVII. You also took away at Lilybneum whatever silver vessels you chose from Marcus Crelius, a Roman knight, a most excellent young man. You did not hesitate to take away the whole furniture of Caius Cacurius, a most active and accomplished man, and of the greatest influence in his city. You took away, with the knowledge of every body, a very large and very beautiful table of citron-wood from Quin- tus Lutatius Diodorus, who, owing to the kind exertion of his interest by Quintus Catulus, was made a Roman citizen by Lucius Sylla. I do not object to you that you stripped and plundered a most worthy imitator of yours in his whole char- acter, Apollonius, the son of Nico, a citizen of Drepanum, who is now called Aulus Clodius, of all his exquisitely wrought silver plate ; — I say nothing of that. For he does not think that any injury has been done to him, because you came to * his assistance when he was a ruined man, with the rope round his neck, and shared with him the property belonging to their father, of which he had plundered his wards at Drepanum. I am even very glad if you took any thing from him, and I say that nothing was ever better done by you. But it cer- tainly was not right that the statue of Apollo should have been taken away from Lyso of Lilybaeum, a most eminent man, with whom you have been staying as a guest. But you will say that you bought it — I know that — for six hun- dred sesterces. So I suppose : I know it, I say ; I will pro- duce the accounts ; and yet that ought not to have been done. Will you say that the drinking-vessels with emblems of Lily- baeum on them were bought from Heius, the minor to whom Marcellus is guardian, whom you had plundered of a large sum of money, or will you confess that they were taken by force ? But why do I enumerate all his ordinary iniquities in affairs of this sort, which appear to consist only in robberies commit- ted by him, and in losses borne by those whom he plundered'? Listen, if you please, O judges, to an action of such a sort as will prove to you clearly his extraordinary madness andphren- sy, rather than any ordinary covetousness. Z 530 CICERO'S ORATIONS. XVIII. There is a man of Melita, called Diodorus, who has already given evidence before you. He has been now living at Lilybamm many years ; a man of great nobility at home, and of great credit and popularity with the people among whom he has settled, on account of his virtue. It is reported to Verres of this man that he has some exceedingly fine specimens of chased work ; and among them two goblets called Thericlean, 1 made by the hand of Mentor with the most exquisite skill. And when Verres heard of this, he was in- flamed with such a desire, not only of beholding, but also of appropriating them, that he summoned Diodorus, and demand- ed them. He replied, as w r as natural for a man who took great pride in them, that he had not got them at Lilybaeum ; that he had left them at Melita, in the bouse of a relation of his. On this he immediately sends men on whom he can rely to Melita; he writes to certain inhabitants of Melita to search out those vessels for him ; he desires Diodorus to give them letters to that relation of his — the time appeared to him end- less till he could see those pieces of plate. Diodorus, a pru- dent and careful man, who wished to keep his own property, writes to his relation to make answer to those men who came from Verres, that he had sent the cups to Lilybaeum a few days before. In the mean time he himself leaves the place. He preferred leaving his home, to staying in it and losing that exquisitely wrought silver work. But when Verres heard of this, he was so agitated that he seemed to every one to be rav ing, and to be beyond all question mad. Because he could not steal the plate himself, he said that he had been robbed by Diodorus of some exquisitely wrought vessels ; he poured out threats against the absent Diodorus; he used to roar out before people; sometimes he could not restrain his tears. We have heard in the mythology of Eriphyla being so covetous that when she had seen a necklace, made, I suppose, of gold and jewels, she was so excited by. its beauty, that she betrayed her husband for the sake of it. His covetouaness was similar; but in one respect more violent and more senseless, because she was desiring a thing which she had seen, while his wishes were excited not only by his eyes, but even by his ears. 1 " Thericles was a potter in the time of Aristophanes, who made enrth- cn-ware vessels of a peculiar black clay. In subsequent lime, any gobleta made in imitation of his, whether of wood, silver, or glass, were called Thericlean." — ( Jra-vius. AGAINPT VERRES. 533 XIX. He orders Diodorus to be sought for over the whole province. He had by this time struck his camp, packed up his baggage, and left Sicily. Verres, in order by some means or other to bring the man back to the province, devises this plan, if it is to be called a plan, and' not rather a piece of mad- ness. He sets up one of the men he calls his hounds, to say that he wishes to institute a prosecution against Diodorus of Melita for a capital offense. At first all men wondered at such a thing being imputed to Diodorus, a most quiet man, and as far removed as any man from all suspicion, not only of crime, but of even the slightest irregularity. But it soon became evident, that all this was done for the sake of his sil- ver. Verres does not hesitate to order the prosecution to be instituted ; and that, I imagine, was the first instance of his allowing an accusation to be made against an absent man. The matter was notorious over all Sicily, that men w r ere pros- ecuted for capital offenses because the praetor coveted their phased silver plate ; and that prosecutions were instituted against them not only when they were present, but even in their absence. Diodorus goes to Rome, and putting on mourning, calls on all his patrons and friends ; relates the affair to every one. Earnest letters are written to Verres by his father, and by his friends, warning him to take care what he did, and what steps he took respecting Diodorus ; that the matter was notorious and very unpopular ; that he must be out of his senses ; that this one charge would ruin him if he did not take care. At that time he considered his father, if not in the light of a parent, at least in that of a man. He had not yet sufficiently prepared himself for a trial ; it was his first year in the province; he was not, as he was by the time of the affair of Sthenius, loaded with money. And so his phrensy was checked a little, not by shame, but by fear and alarm. He does not dare to condemn Diodorus ; he takes his name out of the list of defendants while he is absent. In the mean time Diodorus, for nearly three years, as long as that man was praetor, was banished from the province .and from his home. Every one else, not only Sicilians, but Ro- man citizens too, settled this in their minds, that, since he had carried his covetousness to such an extent, there was nothing which any one could expect to preserve or retain in his own possession if it was admired ever so little by Verres. XX. But after they understood that that brave man, Quin- 532 CICERO'S ORATIONS. tus Arrius, whom the province was eagerly looking for, was not his successor, they then settled that they could keep no- thing so carefully shut up or hidden away, as not to be most open and visible to his covetousness. After that, he took away from an honorable and highly esteemed Roman knight, named Cnaeus Calidius, whose son he knew to be a senator of the Roman people and a judge, some beautiful silver horses which had belonged to Quintus Maximus. I did not mean to say this, O judges, for he bought those, he did not steal them ; I wish I had not mentioned them. Noav he will boast, and have a fine ride on these horses. " I bought them, I have paid the money for them." I have no doubt account-books also will be produced. It is w r ell worth while. Give me then the account-books. You are at liberty to get rid of this charge respecting Calidius, as long as I can get a sight of these accounts ; still, if you had bought them, what ground had Calidius for complaining at Rome, that, though he had been living so many years in Sicily as a trader, you were the only person who had so despised and so insulted him, as to plunder him in common with all the rest of the Sicilians ? what ground had he for declaring that he would demand his plate back again from you, if he had sold it to you of his own free Mill ! Moreover, how could you avoid restoring it to Cnaeus Calidius; especially when he was such an intimate friend of Lueiu< Sisenna, your defender, and as you had restored their prop- erty to the other friends of Sisenna? Lastly, I do not sup- pose you will deny that by the intervention of Potamo, a friend of yours, you restored his plate to Lucius Cordius, an honorable man, but not more highly esteemed than Cnaeus Calidius ; and it was he who made the cause of the rest more difficult to plead before you ; for though you had promised many men to restore them their property, yet, after Cordius had stated in his evidence that you had restored him his, you desisted from making any more restorations, because you saw that you lost your plunder, and yet could not escape the evi- dence against you. Under all other praetors Cnaeus Calidius, a Roman knight, was allowed to have plate finely wrought ; he was permitted to be able from his own stores to adorn ami furnish a banquet handsomely, when he had invited a magis- trate or any superior officer. Many men in power and au- thority have been with Cnaeus Calidius at his house ; no one was ever found so mad as to take from him that admirable AGATNST VERRES 533 and splendid plate ; no one was found bold enough to ask for it ; no one impudent enough to beg him to sell it. For it is an arrogant thing, an intolerable thing, O judges, for a prae- tor to say to an honorable, and rich, and well-appointed man in his province, "Sell me those chased goblets." For it is saying, "You do not deserve to have things which are so beautifully made; they are better suited to a man of my stamp." Are you, O Verres, more worthy than Calidius ? whom (not to compare your way of life with his, for they are not to be compared, but) I will compare you with in respect of this very dignity owing to which you make yourself out his superior. You gave eighty thousand sesterces to canvassing agents to procure your election as praetor ; } r ou gave three hundred thousand to an accuser not to press hardly upon you: do you, on that account, look down upon and despise the equestrian order"? Is it on that account that it seemed to you a scandalous thing that Calidius should have any thing that you admired rather than that you should'? XXL He has been long boasting of this transaction with Calidius, and telling every one that he bought the things. Did you also buy that censer of Lucius Papirius, a man of the highest reputation, wealth, and honor, and a Roman knight? who stated in his evidence that, when you had begged for it to look at, you returned it with the emblems torn off; so that you may understand that it is all taste in that man, not avarice; that it is the fine work that he covets, not the silver. Nor was this abstinence exercised only in the case of Papirius ; he practiced exactly the same conduct with re- spect to every censer in Sicily ; and it is quite incredible how many beautifully wrought censers there were. I imagine that, when Sicily was at the height of its power and opulence, there were extensive work-shops in that island ; for before that man went thither as pra-tor there was no house tolerably rich, in which there were not these things, even if there was no other silver plate besides ; namely, a large dish with figures and images of the gods embossed on it, a goblet which the women used for sacred purposes, and a censer. And all these were antique, and executed with the most admirable skill, so that one may suspect every thing else in Sicily was on a simi- lar scale of magnificence ; but that though fortune had deprived them of much, those things were still preserved among them winch -»"-ere retained for purposes of religion. I said just now, 534 CICERO'S ORATIONS. O judges, that there were many censers, in almost every house in fact ; I assert also, that now there is not even one left What is the meaning of this % what monster, what prodigy did we send into the province ? Does it not appear to you that he desired, when he returned to Rome, to satisfy not the covetousness of one man, not his own eyes only, but the insane passion of every covetous man ; for as soon as he ever came into any city, immediately those Cibyratic hounds of his were slipped, to search and find out every thing. If they found any large vessel, any considerable work, they brought it to him with joy ; if they could hunt out any smaller vessel of the same sort, they looked on those as a sort of lesser game, whether they were dishes, cups, censers, or any thing else. What weepings of women, what lamentations do you suppose took place over these things | things which may perhaps seem insignificant to you, but which excite great and bitter indig- nation, especially among women, who grieve when those things are torn from their hands which they have been accustomed to use in religious ceremonies, which they have received from their ancestors, and which have always been in their family. XXII. Do not now wait while I follow up this charge from door to door, and show you that he stole a goblet from iEschy- lus the Tyndaritan ; a dish from another citizen of Tyndaris named Thraso ; a censer from Nymphodorus of Agrigentum. "When I produce my witnesses from Sicily he may s-elcct whom he pleases for me to examine about dishes, goblets, and censers. Not only no town, no single house that is tolerably well off will be found to have been free from the injurious treatment of this man; who, even if he had come to a banquet, if he saw any finely wrought plate, could not, O judges, keep his hands from it. There is a man named CnaeuS Pompeius Philo, who was a native of Tyndaris ; he gave Verr.es a sup- per at his villa in the country near Tyndaris ; he did what Sicilians did not dare to do, but what, because he was a citi- zen of Home, he thought he could do with impunity, he put before him a dish on which were some exceedingly beautiful figures. Verres, the moment he saw it, determined to rob bis host's table of that memorial of the Penates and of the gods of hospitality. But yet, in accordance with what I have said before of his great moderation, he restored the rest of the silver after he had torn off the figures ; so free was he from '41 avarice ! What want you more ? Did he not do the same AGAINST VERRES. 535 thing to Eupolemus of Calacta, a noble man, connected with, and°an intimate friend of the Luculli ; a man who is now serving in the army under Lucius Lucullus % He was supping with him ; the rest of the silver which he had set before him had no ornament on it, lest he himself should also be left with- out any ornament ; but there were also two goblets, of no large size, but with figures on them. He, as if he had been a professional diner-out, who was not to go away without a present, on the spot, in the sight of all the other guests, tore off the figures. I do not attempt to enumerate all his exploits of this sort ; it is neither necessary nor possible. I only pro- duce to you tokens and samples of each description of his varied and universal rascality. Nor did he behave in these affairs as if he would some day or other be called to account for them, but altogether as if he was either never likely to be prosecuted, or else as if the more he stole, the less would be his danger when he was brought before the court ; inasmuch as he did these things which I am speaking of not secretly, not by the instrumentality of friends or agents, but openly, from his high position, by his own power and authority. XXIH. When he had come to Catina, a wealthy, honor- able, influential city, he ordered Dionysiarchus the proagorus, that is to say, the chief magistrate, to be summoned before him ; he openly orders him \o take care that all the silver plate which was in any body's house at Catina, was collected together and brought to him. Did you not hear Philarchus ofXenturipa, a man of the highest position as to noble birth, and virtue, and riches, say the same thing on his oath ; name- ly, that Yerres had charged and commanded him to collect to- gether, and order to be conveyed to him, all the silver plate at Centuripa, by far the largest and wealthiest city in all Sic- ily? In the same manner at Agyrium, all the Corinthian vessels there were there, in accordance with his command, were transported to Syracuse by the agency of Apollodorus, whom you have heard as a witness. But the most extraor- dinary conduct of all was this ; when that painstaking and industrious praetor had arived at Haluntium, he would not himself go up into the town, because the ascent was steep and difficult ; but he ordered Archagathus of Haluntium, one of the noblest men, not merely in his own city, but in ail Sicily, to be summoned before him, and gave him a charge to take care that all the chased silver that there was at 530 CICERO'S ORATIONS. Haluntium, and every specimen of Corinthian work too, should be at once taken down from the town to the sea-side. Archagathus went up into the town. That noble .man, as one who wished to be loved and esteemed by his fellow-cit- izens, was very indignant at having such an office imposed upon him, and did not know what to do. lie announces the commands he has received. He orders every one to produce what they had. There was great consternation, for the tyrant himself had not gone away to any distance ; lying on a litter by the sea-side below the town, he was waiting for Archaga- thus and the silver plate. What a gathering of people do you suppose took place in the town 1 what an uproar ? what weeping of women? they who saw it would have said that the Trojan horse had been introduced, and that the city was taken. Vessels were brought out without their cases ; others were wrenched out of the hands of women ; many people's doors were broken open, and their locks forced. For what else can you suppose ? Even if ever, at a time of war and tumult, arms are demanded of private citizens, still men give them unwillingly, though they know that they are giving them for the common safety. Do not suppose then that any one produced his carved plate out of his house for another man to steal, without the greatest distress. Every tiling is brought down to the shore. The Cibyratic brothers are sum- moned ; they condemn some articles ; whatever they approve of has its figures in relief or its embossed emblems torn off. And so the Haluntines, having had all their ornaments wrenched off, returned home with the plain silver. XXIV. Was there ever, O judges, a drag-net of such a sort as this in that province ? People have sometimes during their year of office diverted some part of the public property to their own use, in the most secret manner ; sometimes they even secretly plundered some private citizen of something ; and still they were condemned. And if you ask me, though I am detracting somewhat from my own credit by saying so, I think those were the real accusers, who traced the robberies of such men as this by scent, or by some lightly imprinted footsteps; for what is it that we are doing in respect of Yer. res, who has wallowed in the mud till we can find him out by the traces of his whole body? Is it a great undertaking to say any thing against a man, who while he was passing by a place, having his litter put down to rest for a little time, plun- AGAINST VLRRES. 537 dered a whole city, house by house, without condescending to any pretenses, openly, by his own authority, and by an absolute command ! But still, that he might be able to say that he had bought them, he orders Archagathus to give those men, to whom the plate had belonged, some little money, just for form's sake. Archagathus found a few who would accept the money, and those he paid. — And still Verres never paid Archagathus that money. Archagathus intended to claim it at Borne ; but Cmtus Lentulus Marcellinus dissuaded him, as you heard him state himself. Read the evidence of Archagathus, and of Lentulus, — and that you may not imagine that the man wished to heap up such a mass of figures without any reason, just see at what rate he valued you, and the opinion of the Roman people, and the laws, and the courts of justice, and the Sicilian witnesses and traders. After he had collected such a vast number of figures that he had not left one single figure to any body, he established an immense shop in the palace at Syracuse; he openly orders all the manufacturers, and carv- ers, and goldsmiths to be summoned — and he himself had many in his own employ ; he collects a great multitude of men ; he kept them employed uninterruptedly for eight months -if though all that time no vessels were made of any thing but 3 gold. In that time he had so skillfully wrought the figures which he had torn off the goblets and censers, into golden gob- lets, or had so ingenious!}' joined them into golden cups, that you would say that they had been made for that very pur- pose ; and he, the prastor, who says that it was owing to his vigilance that peace was maintained in Sicily, was accustomed to^it in his tunic and dark cloak the greater part of the day in this work -shop. XXV. I would not venture, O judges, to mention these things, if I were not afraid that you might perhaps say that you had heard more about that man from others in common conversation, than you had heard from me in this trial ; for who is there who has not heard of this work-shop, of the golden vessels, of Verres' s tunic and dark cloak ? Name any respectable man you please out of the whole body of settlers at Syracuse, I will produce him ; there will not be one person who will not say that he has either teen this or heard of it. Alas for the age! alas for the degeneracy of our manners! I will not mention any thing of any great antiquity ; there are many of you, O judges, who knew Lucius Piso, the father of Z2 ;38 CICERO'S ORATIONS. this Lucius Piso, who was praetor. When he was prastor in Spain, in which province he was slain, somehow or other, while he was practicing his exercises in arms, the golden ring which he had was broken and crushed., As he wanted to get himself another ring, he ordered a goldsmith to be summoned into the forum before his throne of office, at Corduba, and openly weighed him out the gold. He ordered the man to set up his bench in the forum, and to make him a ring in the presence of every one. Perhaps in truth some may say that he was too exact, and to this extent any one who chooses may blame him, but no further. Still such conduct was allowable for him, for he was the son of Lucius Piso, of that man who first made the law about extortion and embezzlement. It is quite ridiculous for me to speak of Verres now, when I have just been speaking of Piso the Thrifty ; still, see what a dif- ference there is between the men ; that man, while he was making some side-boards full of golden vessels, did not care what his reputation was, not only in Sicily, but also at Rome in the court of justice; the other wished all Spain to know to half an ounce how much gold it took to make a praetor's ring- Forsooth, as the one proved his right to his name, so did tha other to his surname. XXVI. It is utterly impossible for me either to retain in my memory, or to embrace in my speech, all his exploits. I wish just to touch briefly on the different kinds of deeds done by him, just as here the ring of Piso reminded me of what had otherwise entirely escaped my recollection. From how many honorable men do you imagine that that man tore the golden rings from off their fingers ? He never hesitated to do so whenever he was pleased w r ith either the jewels or the fashion of the ring belonging to any one. I am going to mention an incredible fact, but still one so notorious that I do not think that he himself will deny it. When a letter had been brought to Valentius his interpreter from Agrigentuin, by chance Ver- res himself noticed the impression on the seal; he was pleased with it, he asked where the letter came from ; he was told, from Agrigentum. He sent letters to the men with whom he was accustomed to communicate, ordering that ring to be brought to him as soon as possible. And accordingly, in com- pliance with his letter, it was torn off the finger of a master of a family, a certain Lucius Titius, a Roman citizen. I>ut that covetousness of his is quite beyond belief. For as ho AGAINST VERRES 539 wished to provide three hundred couches beautifully covered, with all other decorations for a banquet, for the different rooms which he has, not only at Rome, but in his different villas, he collected such a number, that there was no wealthy house in all Sicily where he did not set up an embroiderer's shop. There is a woman, a citizen of Segesta, very rich, and -nobly born, by name Lamia. She, having her house full of spinning jennies, for three years was making him robes and coverlets, all dyed with purple ; Attalus, a rich man at Netum ; Lyso at Lilybaeum ; Critolaus at Enna ; at Syracuse JEschrio, Cle- omenes, and Theomnastus; at Elorum Archonides and Alegis- tus. My voice will fail me before the names of the men whom he employed in this way will ; he himself supplied the purple — his friends supplied only the work, I dare say ; for I have no wish to accuse him in every particular, as if it were not enouo-h for me, with a view to accuse him, that he should have had so much to give, that he should have wished to carry away so many things ; and, besides all that, this thing which he admits, namely, that he should have employed the work of his friends in affairs of this sort. But now do you suppose that brazen couches and brazen candelabra were made at Syracuse for any one but for him the whole of that three years? Pie bought them, I suppose ; but I am informing you so fully, O judges, of what that man did in his province as praetor, that he may not by chance appear to any one to have been careless, and not to have provided and adorned himself sufficiently when he had absolute power. XXYII. I come now, not to a theft, not to avarice, not to covetousness, but to an action of that sort that every kind of wickedness seems to be contained in it, and to be in it ; by w r hich the immortal gods were insulted, the reputation and authority of the name of the Roman people was impaired, hospitality was betrayed and plundered, all the kings who were most friendly to us, and the nations which are under their rule and dominion, were alienated from us by his wick- edness. For you know that the kings of Syria, the boyish sons of King Antiochus, have lately been at Rome. And they came not on account of the kingdom of Syria ; for that they had obtained possession of without dispute, as they had received it from their father and-their ancestors ; but they thought that the kingdom of Egypt belonged to them and to 540 CICERO'S ORATIONS. Selene their mother. "When they, being hindered by the crit- ical state of the republic at that time, were not able to obtain the discussion of the subject as they wished before the senate, they departed for Syria, their paternal kingdom. One of them — the one whose name is Antiochus — wished to make his jour- ney through Sicily. And so, while Verres was praetor, he came to Syracuse. On this Verres thought that an inheritance had come to him, because a man whom he had heard, and on other accounts suspected had many splendid things with him, had come into his kingdom and into his power. He sends him presents — liberal enough — for all domestic uses ; as much wine and oil as he thought fit ; and as much wheat as he could want, out of his tenths. After that he invites the king himself to supper. He decorates a couch abundantly and magnificently. He sets out the numerous and beautiful silver vessels, in which he was so rich ; for he had not yet made all those golden ones. He takes care that the banquet shall be splendidly appointed and provided in every particular. Why need I make a long story of it? The king departed thinking that Verres was superbly provided with every thing, and that lie himself had been magnificently treated. After that, he himself invites the praaetor to supper. He displays all his treasures; much sil- ver, also not a few goblets of gold, which, as is the custom of kings, and especially in Syria, were studded all over with most splendid jewels. There was also a vessel for wine, a ladle hollowed out of one single large precious stone, with a golden handle, concerning which, I think, you heard Quint us Minutius speak, a sufficiently capable judge, and sufficiently credible witness. Verres took each separate piece of plate into his hands, praised it — admired it. The king was delight- ed that that banquet was tolerably pleasant and agreeable to a praetor of the Roman people. After the banquet was over, Verres thought of nothing else, as the facts themselves show- ed, than how he might plunder and strip the king of every thing before he departed from the province. He sends to ask for the most exquisite of the vessels which he had seen at An- tiochus's lodgings. He said that he wished to show them to his engravers. The king, who did not know the man, most willingly sent them, without any suspicion of his intention. Me pends also to borrow the jeweled ladle. lie said that he wished to examine it more attentively ; that also is sent to him. AGAINST VERRES 541 XXVIII. Now, O judges, mark what followed; thinga which you have already heard, and which the Roman people will not hear now for the first time, and which have been reported abroad among foreign nations to the farthest cor- ners of the earth. The kings, whom I have spoken of, had brought to Koine a candelabrum of the finest jewels, made with most extraordinary skill, in order to place it in the Cap- itol ; but as they found that temple not yet finished, they could not place it there. Nor were they willing to display it and produce it in common, in order that it might seem more splendid when it was placed at its proper time in the shrine of the great and good Jupiter; and brighter, also, as its beauty would come fresh and untarnished before the eyes * ' of men. They determined, therefore, to take it back with them into Syria, with the intention, when they should hear that the image of the great and good Jupiter was dedicated, of sending embassadors who should bring that exquisite and most beautiful present, with other offerings, to the Capitol. The matter, I know not how, got to his ears. For the king had wished it kept entirely concealed ; not because he feared or suspected any thing, but because he did not wish many to feast their eyes on it before the Roman people. He begs the king, and entreats him most earnestly to send it to him ; he says that he longs to look at it himself, and that he will not allow any one else to see it. Antiochus, being both of a child- like and royal disposition, suspected nothing of that man's dishonesty, and orders his servants to take it as secretly as possible, and well wrapped up, to the praetor's house. And when they brought it there, and placed it on a table, having taken off the coverings, Verres began to exclaim that it was a thing worthy of the kingdom of Syria, worthy of being a royal present, worthy of the Capitol. In truth, it was of such splendor as a thing must be which is made of the most bril- liant and beautiful jewels; of such variety of pattern that the skill of the workmanship seemed to vie with the rich- ness of the materials ; and of such a size that it might easily be seen that it had been made not for the furniture of men, but for the decoration of a most noble temple. And when he appeared to have examined it sufficiently, the servants be- di gin to take it up to carry it back again. He says that he wishes to examine it over and over again ; that he is not half satiated with the sight of it ; he orders them to depart and 542 CICERO'S ORATIONS. to leave the candelabrum. So they then return to Antiochus empty-handed. XXIX. The king at first feared nothing, suspected nothing. One day passed — two days — many days. It was not brought back. Then the king sends to Verres to beg him to return it, if he will be so good. He bids the slaves come again. The king begins to think it strange. He sends a second time. It is not returned. He himself calls on the man ; he begs him to restore it to him. Think of the face and marvelous im- pudence of the man. That thing which he knew, and which he had heard from the king himself was to be placed in the Capitol, which he knew was being kept for the great and good Jupiter, and for the Roman people, that he began to ask and entreat earnestly to have given to him. When the king said that he was prevented from complying by the reverence due to Jupiter Capitolinus, and by his regard for the opinion of men, because many nations were witnesses to the fact of the candelabrum having been made for a present to the god, the fellow began to threaten him most violently. When he sees that he is no more influenced by threats than he had been by prayers, on a sudden he orders him to leave his province before night. He says, that he lias found out that pirates from his kingdom were coming against Sicily. The king. in the most frequented place in Syracuse, in the forum, — in the forum at Syracuse, I say (that no man may suppose I am bringing!; forward a charge about which there is anv ob- scurity, or imagining any thing which rests on mere suspi- cion), weeping, and calling gods and men to witness, began to cry out that Caius Verres had taken from him a candelabrum made of jewels, which he was about to send to the Capitol, and which he wished to be in that most splendid temple as a memorial to the Roman people of his alliance with and friendship for them. He said that he did not care about the other works made of gold and jewels belonging to him which were in Verres' s hands, but that it was a miserable and scan- dalous thing for this to be taken from him. And that, al- though it had long ago been consecrated in the minds and in- tendons of himself and his brother, still, that he then, before that assembled body of Roman citizens, offered, and gave, and dedicated, and consecrated it to the great and good Jupiter, and that he invoked Jupiter himself as a witness of his inten- tion and of his piety. AGAINST VERRES. 543 XXX. What voice, what lungs, what power of mine can adequately express the indignation due to this atrocity * The King Antiochus, who had lived for two years at Rome in the eight of all of us, with an almost royal retinue and establish- * ment, — though he had been the friend and ally of the Roman people ; though his father, and his grandfather, and his an- cestors, most ancient and honorable sovereigns, had been our firmest friends ; though he himself is monarch of a most opulent and extensive kingdom, is turned headlong out of a province of the Roman people. How do you suppose that foreign nations will take this? How do you suppose the news of this exploit of yours will be received in the dominions of other kings, and in the most distant countries of the world, when they hear that a king has been insulted by a praetor of the Roman people in his province ? that a guest of the Eoman people has been plundered 1 a friend and ally of the Roman people insultingly driven out? Know that your name and that of the Roman people will be an object of hatred and de- testation to foreign nations. If this unheard-of insolence of Verres is to pass unpunished, all men will think, especially as the reputation of our men for avarice and covetousness has been very extensively spread, that this is not his crime only, but that of those who have approved of it. Many kings, many free cities, many opulent and powerful private men, cherish intentions of ornamenting the Capitol in such a way as the dignity of the temple and the reputation of our empire re- quires. And if they understand that you show a proper in- dignation at this kingly present being intercepted, they will then think that their zeal and their presents will be accept- able to you and to the Roman people. But if they hear that you have been indifferent to the complaint of so great a king, in so remarkable a case, in one of such bitter injustice, they will not be so crazy as to spend their time, and labor, and expense on things which they do not think will be acceptable to you. XXXI. And in this place I appeal to yon, O Quintus Catulus j 1 for I am speaking of your most honorable and most splendid monument. You ought to take upon yourself not only the severity of a judge with respect to this crime, but 1 The Capitol had been burned in the civil war between Marius and Sylla ; and it was now being restored under the superintendence oi Quintus Catulus, to whom that office had been intrusted by the senate 544 CICERO'S ORATIONS. something like the vehemence of an enemy and an accuser. For, through the kindness of the senate and people of Rome, your honor is connected with that temple. Your name is consecrated at the same time as that temple in the everlast- ing recollection of men. It is by you that this case is to be encountered ; by you, that this labor is to be undergone, in order that the Capitol, as it has been restored more magnifi- cently, may also be adorned more splendidly than it was originally ; that then that fire may seem to have been sent from heaven not to destroy the temple of the great and good Jupiter, but to demand one for him more noble and more magnificent. You have heard Quintus Minucius Rufus say, that King Antiochus staid at his house while at Syracuse; that he knew that this candelabrum had been taken to Ver- res's house ; that he knew that it had not been returned. You heard, and you shall hear from the whole body of Roman settlers at Syracuse, that they will state to you that in their hearing it was dedicated and consecrated to the good and great Jupiter by King Antiochus. If you were not a judge, and this affair were reported to you, it would be your especial duty to follow it up ; to reclaim the candelabrum, and to pros- ecute this cause. So that I do not doubt what ought to be your feelings as judge in this prosecution, when before any one else as judge you ought to be a much more vehement ad- vocate and accuser than I am. XXXII. And to you, O judges, what can appear more scandalous or more intolerable than this 1 ? Shall Yerres have at his own house a candelabrum, made of jewels and gold, belonging to the great and good Jupiter? Shall that orna- ment be set out in his house at banquets which will be one scene of adultery and debauchery, with the brilliancy of which the temple of the great and good Jupiter ought to glow and to be lighted up? Shall the decorations of the Capitol be placed in the house of that most infamous debauchee with the other ornaments which he has inherited from Chelidon ? "What do you suppose will ever be considered sacred or holy by him, when he does not now think himself liable to punish- ment for such enormous wickedness? who dares to come into this court of justice, where lie can not, like all others who are arraigned, pray to the great and good Jupiter, and entreat help from him? from whom even the immortal gods are re- claiming their property, before that tribunal which was ap AGAINST VERRES. 54o pointed for the benefit of men, that they might recover what had been extorted unjustly from them I Do we marvel that Minerva at Athens, Apollo at Delos, Juno at Samos, Diana at Perga, and that many other gods besides all over Asia and Greece, were plundered by him, when he could not keep his hands off the Capitol ? That temple which private men are decorating and are intending to decorate out of their own riches, that Caius Verres would not suffer to be decorated by a king ; and, accordingly, after he had once conceived this ne- farious wickedness, he considered nothing in all Sicilv after- ward sacred or hallowed ; and he behaved himself in his prov- ince for three years in such a manner that war was thought to have been declared by him, not only against men, but also against the immortal gods. XXXIII. Segesta is a very ancient town in Sicily, O judges, which its inhabitants assert was founded by ^Eneas when he was flying from Troy and coming to this country. And ac- cordingly the Segestans think that they are connected with the Roman people, not only by a perpetual alliance and friend- ship, but even by some relationship. This town, as the state of the Segestans was at war with the Carthaginians on its own account and of its own accord, was formerly stormed and destroyed by the Carthaginians ; and every thing which could be any ornament to the city was transported from thence to Carthage. There was among; the Segestans a stat- ue of Diana, of brass, not only invested with the most sacred character, but also wrought with the most exquisite skill and beauty. "When transferred to Carthage, it only changed its situation and its worshipers ; it retained its former sanctity. For on account of its eminent beauty it seemed, even to their enemies, worthy of being most religiously worshiped. Some ages afterward, Publius Scipio took Carthage in the third Pu- nic war ; after which victory (remark the virtue and careful- ness of the man, so that you may both rejoice at your na- tional examples of most eminent virtue, and may also judge the incredible audacity of Yerres, worthy of the greater ha- tred by contrasting it with that virtue), he summoned all the Sicilians, because he knew that during a long period of time Sicily had repeatedly been ravaged by the Carthagini- ans, and bids them seek for all they had lost, and promises them to take the greatest pains to insure the restoration to the different cities of every thing which had belonged to then*. 546 CICERO'S ORATIONS Then those things which had formerly been removed from Himera, and which I have mentioned before, were restored to the people of Thermae ; some things were restored to the Gelans, some to the Agrigentines ; among which was that noble bull, which that most cruel of all tyrants, Phalaris, is said to have had, into which he was accustomed to put men for punishment, and to put fire under. And when Scipio re- stored that bull to the Agrigentines, he is reported to have said, that he thought it reasonable for them to consider wheth- er it Avas more advantageous to the Sicilians to be subject to their own princes, or to be under the dominion of the Roman people, when they had the same thing as a monu- ment of the cruelty of their domestic masters, and of our lib- erality. XXXIV. At that time the same Diana of which I am speaking is restored with the greatest care to the Segestans. It is taken back to Segesta; it is replaced in its ancient sit- uation, to the greatest joy and delight of all the citizens. It was placed at Segesta on a very lofty pedestal, on which was cut in large letters the name of Publius Africanus ; and a statement was also engraved that " he had restored it after having taken Carthage." It was worshiped by the citizens ; it was visited by all strangers ; when I was quaestor it was the very first thing they showed me. It was a very large and tall statue with a flowing robe, but in spite of its large size it gave the idea of the age and dress of a virgin ; her arrows hung from her shoulder, in her left hand she carried her bow, her right hand held a burning torch. When that enemy of all sacred things, that violator of all religious scruples saw it, he began to burn with covetousness and insanity, as if he himself had been struck with that torch. He commands the magistrates to take the statue down and give it to him ; and declares to them that nothing can be more agreeable* to him. But they said that it was impossible for them to do so ; that they were prevented from doing so, not only by the most ex- treme religious reverence, but also by the greatest respect for their own laws and courts of justice. Then he began to en- treat this favor of them, then to threaten them, then to try and excite their hopes, then to arouse their fears. They op- posed to his demands the name of Africanus ; they said that it was the gift of the Eoman people; that they themselves had no right over a thing which a most illustrious general, having AGAINST VERRES. 547 taken a city of the enemy, had chosen to stand there as a mon- ument of the victory of the Roman people. As he did not re- ) lax in his demand, but urged it every day with daily increasing earnestness, the matter was brought before their senate. His demand raises a violent outcry on all sides. And so at that time, and at his first arrival at Segesta, it is refused. After- ward, whatever burdens could be imposed on any city in re- spect of exacting sailors and rowers, or in levying corn, he im- posed on the Segestans beyond all other cities, and a good deal more than they could bear. Besides that, he used to summon their magistrates before him ; he used to send for all the most noble and most virtuous of the citizens, to hurry them about with him to all the courts of justice in the province, to threat- en every one of them separately to be the ruin of him, and to announce to them all in a body that he would utterly destroy their city. Therefore, at last, the Segestans, subdued by much ill treatment and by great fear, resolved to obey the command of the praetor. With great grief and lamentation on the part of the whole city, with many tears and wailings on the part of all the men and women, a contract is advertised for taking down the statue of Diana. XXXV. See now with what religious reverence it is re- garded. Know, O judges, that among all the Segestans none was found, whether free man or slave, whether citizen or for- eigner, to dare to touch that statue. Know that some barba- rian workmen were brought from Lilybaeum ; they at length, ignorant of the whole business, and of the religious character - of the image, agreed to take it down for a sum of money, and took it down. And when it was being taken out of the city, how o-reat was the concourse of women ! how great was the weeping of the old men ! some of whom even recollected that day when that same Diana being brought back to Segesta from Carthage, had announced to them, by its return, the victory of the Roman people. How different from that time did this day seem ! then the general of the Roman people, a most illus- trious man, was bringing back to the Segestans the gods of their fathers, recovered from an enemy's city ; now a most base and profligate praetor of the same Roman people, wa3 taking away, with the most nefarious wickedness, those very same gods from a city of his allies. What is more notorious y\ throughout all Sicily than that all the matrons and virgins of Begesta came together when Diana was being taken out of their 548 CICERO'S ORATIONS. city? that they anointed her with precious unguents'? that they crowned her with chaplets and flowers'? that they at- tended her to the borders of their territory with frankincense and burning perfumes ? If at the time you, by reason of your covetousness and audacity, did not, while in command, fear these religious feelings of the population, do you not fear them now, at a time of such peril to yourself and to your children? What man, against the will of the immortal gods, or what god, when you so trample on all the religious reverence due to them, do you think will come to your assistance I Has that Diana inspired you, while in quiet and at leisure, with no religious awe ; — she, who though she had seen two cities, in which she was placed, stormed and burned, was yet twice preserved from the flames and weapons of two wars; she who, though she changed her situation owing to the victory of the Carthagini- ans, yet did not lose her holy character ; and who, by the val- or of Publius Africanus, afterward recovered her old worship, together with her old situation? And when this crime had been executed, as the pedestal was empty, and the name of Publius Africanus carved on it, the affair appeared scandalous and intolerable to every one, that not only was religion tram- pled on, but also that Caius Verres had taken away the glory of the exploits, the memorial of the virtues, the monument of the victory of Publius Africanus, that most gallant of men. But when he was told afterward of the pedestal and the in- scription, he thought that men would forget the whole affair, if he took away the pedestal too, which was serving as a sort of sign-post to point out his crime. And so, by his command, the Segestans contracted to take away the pedestal too; and the terms of that contract were read to you from the public registers of the Segestans, at the former pleading. XXXYI. Now, O Publius Scipio, I appeal to 3011 ; to you, 1 say, a most virtuous and accomplished youth ; from you I request and demand that assistance which is due to your fam- ily and to your name. Why do you take 'the part of that man who has embezzled the credit and honor of your family ? Why do 3'ou wish him to be defended? Why am I undertaking what is properly your business? Why am I supporting a bur- den which ought to fall on you? — Marcus Tullius is reclaim- ing the monuments of Publius Africanus ; Publius Scipio is defending the man who took them away. Though it is a prin- ciple handed down to us from our ancestors, for every one to AGAINST VERRES. 549 defend the monuments of his ancestors, in such a way as not even to allow them to be decorated by one of another name, will you take the part of that man who is not charged merely with having in some degree spoiled the view of the monuments of Publius Scipio, but who has entirely removed and destroyed them? Who then, in the name of the immortal gods, will de- fend the memory of Publius Scipio now that he is dead ? who will defend the memorials and evidences of his valor, if you desert and abandon them ; and not only allow them to be plundered and taken away, but even defend their plunderer and destroyer? The Segestans are present, your clients, the allies and friends of the Roman people. They inform you that Publrus Africanus, when he had destroyed Carthage, restored tne image of Diana to their ancestors ; and that was set up among the Segestans and dedicated in the name of that gen- eral ; — that Verres has had it taken down and carried away, and as far as that is concerned, has utterly effaced and extin- guished the name of Publius Scipio. They entreat and pray you to restore the object of their worship to them, its proper credit and glory to your own family, so enabling them by your assistance to recover from the house of a robber, what they re- covered from the city of their enemies by the beneficence of Publius Africanus. XXXVII. What can you reply to them with honor, or what can they do but implore the aid of you and your good faith? They are present, they do implore it. You, O Pub- lius, can protect the honor of your family renown ; you can, you have every advantage which either fortune or nature ever gives to men. I do not wish to anticipate you in gathering the fruit that belongs to you ; I am not covetous of the glory which ought to belong to another. It does not correspond to the modesty of my disposition, while Publius Scipio, a most promising young man, is alive and well, to pnt myself forward as the defender and advocate of the memorials of Publius Scip- io. Wherefore, if you will undertake the advocacy of your family renown, it will behoove me not only to be silent about your monuments, but even to be glad that the fortune of Pub- lius Africanus, though dead, is such, that his honor is defend- ed by those who are of the same family as himself, and that it requires no adventitious assistance. But if your friendship with that man is an obstacle to you, — if you think that this thing which I demand of you is not so intimately connected 550 CICERO'S ORATIONS. with your duty, — then I, as your locum, towns, will nrceed to your oince, I will undertake that business which 1 have thought not to belong to me. Let that proud aristocracy give up com- plaining that the Roman people willingly gives, and at all times has given, honors to new and diligent men. It is a foolish complaint that virtue should be of the greatest influ- ence in that city which by its virtue governs all nations. Let the image of Publius Africanus be in the houses of other men ; let heroes now dead be adorned with virtue and glory. He was such a man, he deserved so well of the Roman people, that he deserves to be recommended to the affection, not of one single family, but of the whole state. And so it partly does belong to me also to defend his honors with all my pow- er, because I belong to that city which he rendered great, and illustrious, and renowned; and especially, because I practice, to the utmost of my power, those virtues in which he was pre- eminent, — equity, industry, temperance, the protection of the unhappy, and hatred of the dishonest ; a relationship in pur- suits and habits which is almost as important as that of which you boast, the relationship of name and family. XXXVIII. I reclaim from you, O Verres, the monument of Publius Africanus ; I abandon the cause of the Sicilians, which I undertook ; let there be no trial of you for extortion at present ; never mind the injuries of the Segestans ; let the pedestal of Publius Africanus be restored ; let the name of that invincible commander be engraved on it anew ; let that most beautiful statue, which was recovered when Carthage was taken, be replaced. It is not I, the defender of the Sicilians, — it is not I, your prosecutor, — they are not the Segestans who demand this of you ; but he who has taken on himself the de- fense and the preservation of the renown and glory of Publius Africanus. I am not afraid of not being able to give a good account of my performance of this duty to Publius Servilius the judge ; who, as he has performed great exploits, and raised very many monuments of his good deeds, and has a natural anxiety about them, will be glad, forsooth, to leave them an object of care and protection not only to his own posterity, but to all brave men and good citizens ; and not as a mark for the plunder of rogues. I am not afraid of its displeasing you, O Quintus Catulus, to whom the most superb and splendid mon- ument in the whole world belongs, that tlieiv should be as many guardians of such monuments as possible, or that all AGAINST VERRES. 551 good men should think it was a part of their duty to defend the glory of another. And indeed I am so far moved by the other robberies and atrocities of that fellow, as to think them worthy of great reproof; but that might be sufficient for them. But in this instance I am roused to such indignation, that no- thing appears to me possible to be more scandalous or more intolerable. Shall Vcrres adorn his house, full of adultery, full of debauchery, full of infamy, with the monuments of Af • ricanus *? Shall Verres place the memorial of that most tem- perate and religious man, the image of the ever virgin Diana, in that house in which the iniquities of harlots and pimps are incessantly being practiced 1 XXXIX. But is this the only monument of Africanus which you have violated ? What ! did you take away from the people of Tyndaris an image of Mercury most beautifully made, and placed there by the beneficence of the same Scipio 1 And how 1 O ye immortal gods ! How audaciously, how infamously, how shamelessly did you do so ! You have lately, O judges, heard the deputies from Tyndaris, most honorable men, and the chief men of that city, say that the Mercury, which in their sacred anniversaries was worshiped among them with the extremest religious reverence, which Publius Africanus, after he had taken Carthage, had given to the Tyndaritans, not only as a monument of his victory, but as a memorial and evidence of their loyalty to and alliance with the Roman people, had been taken away by the violence, and wickedness, and arbitrary power of this man ; who, when he first came to their city, in a moment, as if it were not only a becoming, but an indispensable thing to be done, — as if the senate had ordered it and the Roman people had sanctioned it, — in a moment, I say, ordered them to take the statue down and to transport it to Messana. And as this appeared a scandalous thing to those who were present and who heard it, it was not persevered in by him during the first period of his visit ; but when he departed, he ordered Sopater, their chief magistrate, whose statement you have heard, to take it down. When he refused, he threatened him violently ; and then he left the city. The magistrate refers the matter to the senate ; there is a violent outcry on all sides. To make my story short, some time afterward he comes to that city again. Immediately he asks about the statue. He is answer- ed that the senate will not allow it to be removed ; that capi- 552 CICERO'S ORATIONS. tal punishment is threatened to any one who should touch it without the orders of the senate : the impiety of removing is also urged. Then says he, "What do you mean by talking to me of impiety? or about punishment? or about the senate"? I will not leave you alive ; you shall be scourged to death if the statue is not given up." Sopater with tears reports the matter to the senate a second time, and relates to them the covetousness and the threats of Verres. The senate gives So- pater no answer, but breaks up in agitation and perplexity. Sopater, being summoned by the pra3tor's messenger, informs him of the state of the case, and says that it is absolutely im- possible. XL. And all these things (for I do not think that I ought to omit any particular of his impudence) were done openly in the middle of the assembly, while Verres was sitting on his chair of office, in a lofty situation. It was the depth of win- ter ; the weather, as you heard Sopater himself state, was bitterly cold ; heavy rain was falling ; when that fellow or- ders the lictors to throw Sopater headlong down from the portico on which he himself was sitting, and to strip him naked. The command was scarcely out of his mouth, before you might have seen him stripped and surrounded by the lictors. All thought that the unhappy and innocent man was going to be scourged. They were mistaken. Do you think that Verres would scourge without any reason an ally and friend of the Roman people % He is not so wicked. All vices are not to be found in that man ; he was never cruel. He treated the man with great gentleness and clemency. In the middle of the forum there are some statues of the Mar- celli, as there are in most of the other towns of Sicily ; out of these he selected the statue of Caius Marcellus, whose serviees to that city and to the whole province were most recent and most important. On that statue he orders Sopater, a man of noble birth in his city, and at that very time invested with (he chief magistracy, to be placed astride and bound to it. What torture he suffered when he was bound naked in the open air, in the rain and in the cold, must be manifest to every body. Nor did he put an end to this insult and bar- barity, till the people and the whole multitude, moved by the atrocity of his conduct and by pity for his victim, compelled t lie senate by their outcries to promise him that statue of Mercury. They cried X>ut that the immortal gods themselves AGAINST VERRES. 555 would avenge the act, and that in the mean time it was not fit that an innocent man should be murdered. Then the senate comes to him in a body, and promises him the statue. And so Sopater is taken down scarcely alive from the statua of Marcellus, to which he had almost become frozen. I can not adequately accuse that man if I were to wish to do so ; it requires not only genius, but an extraordinary amount of skill. XLI. This appears to be a single crime, this of the Tynda- ritan Mercury, and it is brought forward by me as a single one ; but there are many crimes contained in it — only I do not know how to separate and distinguish them. It is a case of money extorted, for he took away from the allies a statue worth a large sum of money. It is a case of embezzlement, because he did not hesitate to appropriate a public statue be- longing to the Eoman people, taken from the spoils of the enemy, placed where it was in the name of our general. It is a case of treason, because he dared to overturn and to carry away monuments of our empire, of our glory, and of our ex- ploits. It is a case of impiety, because he violated the most solemn principles of religion. It is a case of inhumanity, be- cause he invented a new and extraordinary description of pun- ishment for an innocent man, an ally and friend of our nation. But what the other crime is, that I am unable to say ; I know not by what name to call the crime which he committed with respect to the statue of Caius Marcellus. What is the mean- ing of it ? Is it because he was the patron of the Sicilians ? What then ! What has that to do with it ! Ought that fact to have had influence to procure assistance, or to bring disaster on his clients and friends ? Was it your object to show that patrons were no protection against your violence % Who is there who would not be aware that there is greater power in the authority of a bad man who is present, than the protection of good men who are absent % Or do you merely wish to prove by this conduct, your unprecedented in- solence, and pride, and obstinacy? You thought, I imagine, that you were taking something from the dignity of the Mar- celli 1 ? And therefore now the Marcelli are not the patrons of the Sicilians. Verres has been substituted in their place. What virtue or what dignity did you think existed in you, that you should attempt to transfer to yourself, and to take awav from these most trusty and most ancient patrons, so illus- Aa 554 CICERO'S ORATIONS. trious a body of clients as that splendid province? Can yea with your stupidity, and worthlessness, and laziness defend the cause, I will not say of all Sicily, but even of one, the very meanest of the Sicilians? Was the statue of Marcellus to Berve you for a pillory for the clients of the Marcelli? Did you out of his honor seek for punishments for those very men who had held him in honor? What foliowed? What did you think would happen to your statues? was it that which did happen? For the people of Tyndaris threw down the statue of Verres, which he had ordered to be erected in his own honor near the Marcelli, and even on a higher pedes- tal, the very moment that they heard that a successor had been appointed to him. XLII. The fortune of the Sicilians has then given you Caius Marcellus for a judge, so that we may now surrender you, fettered and bound, to appease the injured sanctity of him to whose statue Sicilians were bound while you were praetor. And in the first place, O judges, that man said that the people of Tyndaris had sold this statue to Caius Mar- cellus .iEserninus, who is here present. And he hoped that Caius Marcellus himself would assert thus much for his sake, though it never seemed to me to be very likely that a voting man born in that rank, the patron of Sicily, would lend his name to that fellow to enable him to transfer his guilt to an- other. But still I made such provision, and took such precau- tion against every possible bearing of the case, that if any one had been found who was ever so anxious to take the guilt and crime of Verres upon himself, still he would not have taken any thing by his motion, for I brought down to court such witnesses, and I had with me such written documents, that it could not have been possible to have entertained a doubt about that man's actions. There are public documents to prove that that Mercury was transported to Mcssana at the expense of the state. They state at what expense ; and that a man named Poleas was ordered by the public authority to superintend the business — what more would you have ? Where is he? He is close at hand, he is a witness, by the command of Sopater the Proagorus. — Who is he? The man who was bound to the statue. What ! where is he ? He is a witness — you have seen the man, and you have heard his statement. Demetrius, the master of the gymnastic school, superintended the pulling down of the statue, because he was AGAINST VERRES. 55o appointed to manage that business. What ? is it we who say this? No, he is present himself; moreover, that Verres him- self lately promised at Rome, that he would restore that stat- ue to the deputies, if the evidence already given in the affair were removed, and if security were given that the Tyndari- tans would not give evidence against him, has been stated be- fore you by Zosippus and Hismenias, most noble men, and the chief men of the city of Tyndaris. XLIII. What 1 did you not also at Agrigentum take away a monument of the same Publius Scipio, a most beautiful statue of Apollo, on whose thigh there was the name of Myron, inscribed in diminutive silver letters, out of that most holy temple of .ZEsculapius ? And when, O judges, he had privily committed that atrocity, and when in that most nefarious crime and robbery he had employed some of the most worth- less men of the city as his guides and assistants, the whole city was greatly excited. For the Agrigentines were regretting at the same time the kindness of Africanus, and a national object of their worship, and an ornament of their city, and a record of their victory, and an evidence of their alliance with us. And therefore a command is imposed on those men who were the chief men of the city, and a charge is given to the quaes- tors and asdiles to keep watch by night over the sacred edifices. And, indeed, at Agrigentum (I imagine, on account of the great number and virtue of these men, and because great numbers of Roman citizens, gallant and intrepid and honorable men, live and trade in that town among the Agrigentines in the greatest harmony) he did not dare openly to carry off, or even to beg for the things that took his fancv. There is a temple of Hercules at Agrigentum, not far from the forum, considered very holy and greatly reverenced among the citi- zens. In it there is a brazen image of Hercules himself, than which I can not easily tell where I have seen any thing finer (although I am not very much of a judge of those matters, though I have seen plenty of specimens) ; so greatly venerated among them, O judges, that his mouth and his chin are a little worn away, because men in addressing their prayers and congratulations to him, are accustomed not only to worship the statue, but even to kiss it. AVhile Verres was at Agrigen- turn, on a sudden, one stormy night, a great assemblage of armed slaves, and a great attack on this temple by them, takes place, under the leading of Timarchides. A cry is raised bv the 11 556 CICERO'S ORATIONS. watchmen and guardians of the temple. And, at first, when they attempted to resist them and to defend the temple, they are driven back much injured with sticks and bludgeons. Afterward, when the bolts were forced open, and the doors dashed in, they endeavor to pull down the statue and to over- throw it with levers ; meantime, from the outcries of the keep- ers, a report got abroad over the whole city, that the national gods were being stormed, not by the unexpected invasion of enemies, or by the sudden irruption of pirates, but that a well- armed and fully-equipped band of fugitive slaves from the house and retinue of the prsetor had attacked them. No one in Afirri^entum was either so advanced in age, or so infirm in strength, as not to rise up on that night, awakened by that news, and to seize whatever weapon chance put into his hands. So in a very short time men are assembled at the temple from every part of the city. Already, for more than an hour, num- bers of men had been laboring at pulling down that statue ; and all that time it gave no sign of being shaken in any part ; while some, putting levers under it, were endeavoring to throw it down, and others, having bound cords to all its limbs, were trying to pull it toward them. On a sudden all the Agrigen- tines collect together at the place ; stones are thrown in num- bers ; the nocturnal soldiers of that illustrious commander run away — but they take with them two very small statues, in order not to return to that robber of all holy things entirely empty-handed. The Sicilians are never in such distress as not to be able to say something facetious and neat ; as they did on this occasion. And so they said that this enormous boar had a right to be accounted one of the labors of Her- cules, no less than the other boar of Ervmanthus. XLIV. The people of Assorum, gallant and loyal men, afterward imitated this brave conduct of the Agrigentines, though they did not come of so powerful or so distinguished a city. There is a river called Chrysas, which flows through the territories of Assorum. Chrysas, among that people, is considered a god, and is worshiped with the greatest rever- ence. His temple is in the fields, near the road which goes from Assorum to Enna. In it there is an image of Chrysas, exquisitely made of marble. He did not dare to beg that of the Assorians on account of the extraordinary sanctity of that temple; so he intrusts the business to Tlepohinus and Hiero. They, having prepared' and armed a body of men, come by AGAINST YERRES. 5 I night ; they break in the doors of the temple ; tho keepers of the temple and the guardians hear them in time. A trumpet, the signal of alarm well known to all the neighborhood, is sounded ; men come in from the country. Tlepolemus is turned out and put to flight ; nor was any thing missed out of the temple of Chrysas except one very diminutive image of brass. There is a temple of the mighty mother Cybele at Enguinum, for I must now not only mention each instance with the greatest brevity, but I must even pass over a great many, in order to come to the greater and more remarkable thefts and atrocities of this sort which this man has commit- ted. In this temple that same Publius Scipio, a man excel- ling in every possible good quality, had placed breast -plateg and helmets of brass of Corinthian workmanship, and some huge ewers of a similar description, and wrought with the same exquisite skill, and had inscribed his own name upon them. "Why should I make any more statements or utter any farther complaints about that man's conduct ? He took away, O judges, every one of those things. He left nothing in that most holy temple except the traces of the religion he had trampled on, and the name of Publius Scipio. The spoils won from the enemy, the memorials of our commanders, the ornaments and decorations of our temples, will hereafter, when these illustrious names are lost, be reckoned in the furniture and appointments of Caius Verres. Are you, forsooth, the only man who delights in Corinthian vases? Are you the best judge in the world of the mixture of that celebrated bronze, and of the delicate tracery of that work l ? Did not the great Scipio, that most learned and accomplished man, understand it too? But do you, a man without one single virtue, without education, without natural ability, and withoui any information, understand them and value them ) Beware lest he be seen to have surpassed you and those other men who wished to be thought so elegant, not only in temperance, but in judgment and taste ; for it was because he thoroughly understood how beautiful they were, that he thought that they were made not for the luxury of men, but for the orna- menting of temples and cities, in order that they night appear to our posterity to be holy and sacred monuinem.-. XLV. Listen, also, O judges, to the man's singular covet- ousness, audacity and madness, especially in polluting those sacred things, which not only may not be touched with the 558 CICERO'S ORAl.ONS. hands, but which may not be violated even in thought. There is a shrine of Ceres among the Catenans of the same holy nature as the one at Rome, and worshiped as the goddess is worshiped among foreign nations, and in almost every coun- try in the world. In the inmost part of that shrine there was an extremely ancient statue of Ceres, as to which men were not only ignorant of what sort it was, but even of its existence. For the entrance into that shrine docs not belong to men, the sacred ceremonies are accustomed to be performed by women and virgins. Verres's slaves stole this statue by night out of that most holy and most ancient temple. The next day the priestesses of Ceres, and the female attendants of that temple, women of great age, noble, and of proved vir- tue, report the affair to their magistrates. It appeared to all a most bitter, and scandalous, and miserable business. Then that man, influenced by the atrocity of the action, in order that all suspicion of that crime might be removed from him- self, employs some one connected with him by ties of hospi- tality to find a man that he might accuse of having done it, and bids him take care that he be convicted of the accusation, so that he himself might not be subject to the charge. The matter is not delayed. For when he had departed from Cati- na, an information is laid against a certain slave. He is ac- cused ; false witnesses are suborned against him ; the whole senate sits in judgment on the affair, according to the laws of the Catenans. The priestesses are summoned ; they are ex- amined secretly in the senate-house, and asked what had been done, and how they thought that the statue had been carried off. They answered that the servants of the prastor had been seen in the temple. The matter, which previously had not been very obscure, began to be clear enough by the evidence of the priestesses. The judges deliberate ; the innocent slave is acquitted by every vote, in order that you may the more easily be able to condemn this man by all your votes. For what is it that you ask, O Verres ? What do you hope for ? What do you expect? What god or man do you think will come to your assistance ? Did you send slaves to that place to plunder a temple, where it was not lawful for free citizens to go, not even for the purpose of praying ! Did you not hes- jtate to lay violent hands on those things from which the laws of religion enjoined you to keep even your eyes? Although it was not even because you were charmed by the eye that AGAINST VERRES. 559 you were led into this wicked and nefarious conduct ; for you coveted what you had never seen. You took a violent fancy, I say, to that which you had not previously beheld. From your ears did you conceive this covetousness, so violent that no fear, no religious scruple, no power of the god?, no regard for the opinion of men could restrain it. Oh ! but you had heard of it, I suppose, from some good man, from some good authority. How could you have done that, when you could never have heard of it from any man at all ? You heard of it, therefore, from a woman ; since men could not have seen it, nor known of it. What sort of woman do you think that she must have been, O judges'? What a modest woman must she have been to converse with Verres ! What a pious woman, to show him a plan for robbing a temple ! But it is no great wonder if those sacred ceremonies which are performed by the most extreme chastity of virgins and matrons were violated by his adultery and profligacy. XL VI. What, then, are we to think ? Is this the only thin" - that he began to desire from mere hearing, when he had never seen it himself? No, there were many other things be- sides ; of which I will select the plundering of that most no- ble and ancient temple, concerning which you heard witnesses give their evidence at the former pleading. Now, I beseech you, listen to the same story once more, and attend carefully as you hitherto have done. There is an island called Melita, O judges, separated from Sicily by a sufficiently wide and per- ilous navigation, in which there is a town of the same name, to which Verres never went, though it was for three years a manufactory to him for weaving women's garments. Not far from that town, on a promontory, is an ancient temple of Juno, which was always considered so holy, that it was not only always kept inviolate and sacred in those Punic wars, which in those regions were carried on almost wholly by the naval forces, but even by the bands of pirates which ravage those seas. Moreover, it has been handed down to us by tra- dition, that once, when the fleet of King Masinissa was forced to put into these ports, the king's lieutenant took away some ivory teeth of an incredible size out of the temple, and carried them into Africa, and gave them to Masinissa ; that at first the king was delighted with the present, but afterward, when he heard where they had come from, he immediately sent trustworthy men in a quinquereme to take thosfc teeth back ; 560 CiCERO'S ORATIONS. and that there was engraved on them in Punic characters, " that Masinissa the king had accepted them jgnorantly ; but that, when he knew the truth, he had taken care that they should be replaced and restored." There was besides an im- mense quantity of ivory, and many ornaments, among which were some ivory Victories of ancient workmanship, and wrought with exquisite skill. Not to dwell too long on this, he took care to have all these things taken down and car- ried off at one swoop by means of the slaves of the Venus whom he had sent thither for that purpose. XLVII. O ye immortal gods ! what sort of man is it that I am accusing? Whom is it that I am prosecuting according to our laws, and by this regular process ? Concerning whom is it that you are going to give your judicial decision I The deputies from Melita sent by the public authority of their state, say that the shrine of Juno was plundered ; that that man left nothing in that most holy temple ; that that place, to which the fleets of enemies often came, where pirates are accustomed to winter almost every year, and which no pirate ever violated, no enemy ever attacked before, was so plunder- ed by that single man, that nothing whatever was left in it. What, then, now are we to say of him as a defendant, of me as an accuser, of this tribunal 1 Is he proved guilty of grave crimes, or is he brought into this court on mere suspicion? Gods are proved to have been carried off, temples to have been plundered, cities to have been stripped of every thing. And of those actions he has left himself no power of denying one, no plea for defending one. In every particular he is con- victed by me ; he is detected by the witnesses ; he is over- whelmed by his own admissions ; he is caught in the evident commission of guilt ; and even now he remains here, and in silence recognizes his own crimes as I enumerate them. I seem to myself to have been too long occupied with one class of crime. I am aware, O judges, that I have to encoun- ter the weariness of your ears and eyes at such a repetition of similar cases ; I will, therefore, pass over many instances. But I entreat you, O judges, in the name of the immortal gods, in the name of these very gods of whose honor and worship we have been so long speaking, refresh your minds so as to attend to what I am about to mention, while I bring forward and detail to you that crime of his by which the whole province was roused, and in speaking of which you AGAINST VERRES. 561 will pardon me if I appear to go back rather far, and trace the earliest recollections of the religious observances in ques- tion. The importance of the affair will not allow me to pass over the atrocity of his guilt with brevity. XL Y III. It is an old opinion, O judges, which can be proved from the most ancient records and monuments of the Greeks, that the whole island of Sicily was consecrated to Ceres and Libera. Not only did all other nations think so, but the Sicilians themselves were so convinced of it, that it appeared a deeply-rooted and innate belief in their minds. For they believe that these goddesses were born in these dis- tricts, and that corn was first discovered in this land, and that Libera was carried off, the same goddess whom they call Pros- erpine, from a grove in the territory of Emm, a place which, because it is situated in the centre of the island, is called the navel of Sicilv. And when Ceres wished to seek her and trace her out, she is said to have lit her torches at those flames which burst out at the summit of JEtna, and carrying these torches before her, to have wandered over the whole earth. But Enna, where those things which I am speaking ( of are said to have been done, is in a high and lofty situation, on the top of which is a large level plain, and springs of wa- ter which are never dry. And the whole of the plain is cut off and separated, so as to be difficult of approach. Around it are many lakes and groves, and beautiful flowers at every season of the year ; so that the place itself appears to testify- to that abduction of the virgin which we have heard of from our bovhood. 1 Near it is a cave turned toward the north, of unfathomable depth, where they say that Father Pluto sud- denly rose out of the earth in his chariot, and carried the vir- gin off from that spot, and that on a sudden, at no great dis- tance from Syracuse, he w r ent down beneath the earth, and that immediately a lake sprang up in that place ; and there to this day the Syracusans celebrate anniversary festivals with a most numerous assemblage of both sexes. XLIX. On account of the antiquity of this belief, because in those places the traces and almost the cradles of those gods are found, the worship of Ceres of Enna prevails to a wonder- 1 We have the same advantage as, or rather greater advantages than Cicero in this respect ; for we have heard the story from our boyhood told far more beautifully than any Sicilian ever imagined it- See Ovid, Fasti, iv. 419. Aa2 562 CICERO'S ORATIONS ful extent, both in private and in public over all Sicily. In truth, many prodigies often attest her influence and divine powers. Her present help is often brought to many in crit- ical circumstances, so that this island appears not only to be loved, but also to be watched over and protected by her. Nor is it the Sicilians only, but even all other tribes and nations greatly worship Ceres of Enna. In truth, if initiation into those sacred mysteries of the Athenians is sought for with the greatest avidity, to which people Ceres is said to have come iii that long wandering of hers, and then she brought them corn, how much greater reverence ought to be paid to her by those people among whom it is certain that she was born, and first discovered corn. And, therefore, in the time of our fathers, at a most disastrous and critical time to the republic, when, after the death of Tiberius Gracchus, there was a fear that great dangers were portended to the state by various prod- igies, in the consulship of Publius Mucius and Lucius Calpur- nius, recourse was had to the Sibylline books, in which it was found set down, "that the most ancient Ceres ought to be ap- peased." Then, priests of the Roman people, selected from the most honorable college of decemvirs, although there was in our own city a most beautiful and magnificent temple of Ceres, nevertheless went as far as Enna. For such was the authority and antiquity of the reputation for holiness of that place, that when they went thither, they seemed to be going not to a temple of Ceres, but to Ceres herself. I will not din this into your ears any longer. I have been some time afraid that my speech may appear unlike the usual fashion of speech- es at trials, unlike the daily method of speaking. This I say, that this very Ceres, the most ancient, the most holy, the very chief of all sacred things which are honored by every people, and in every nation, was carried off by Caius A^erres from her temple and her home. Ye who have been to Enna, have seen a statue of Ceres made of marble, and in the other temple a statue of Libera. They are very colossal and very beautiful, but not exceedingly ancient. There was one of brass, of mod- erate size, but extraordinary workmanship, with the torches in its hands, very ancient, by far the most ancient of all those statues which are in that temple ; that lie. carried off, and yet he was not content with that. Before the temple of Ceres, in an open and an uncovered place, there are two statues, one of Ceres, the other of Triptolemus, very beautiful, and of colossal AGAINST VERRES 5C3 size. ^Theii- beauty was their danger, but their size their safe- ty ; because the taking of them down and carrying them off appeared very difficult. But in the right hand of Ceres there stood a beautifully-wrought image of Victory ; and this he had wrenched out of the hand of Ceres and carried off. L. What now must be his feelings at the recollection of his crimes, when I, at the mere enumeration of them, am not only roused to indignation in my mind, but even shudder over my whole body ? For thoughts of that temple, of that place, of that holy religion come into my mind. Every thing seems present before my eyes, — the day on which, when I had ar- rived at Enna, the priests of Ceres came to meet me with gar- lands of vervain, and with fillets ; the concourse of citizens, among whom, while I was addressing them, there was such / 1 * weeping and groaning that the most bitter grief seemed to have taken possession of the whole. They did not complain of the absolute way in which the tenths were levied, nor of the plunder of property, nor of the iniquity of tribunals, nor of that man's unhallowed lusts, nor of his violence, nor of the insults by which they had been oppressed and overwhelmed. It was the divinity of Ceres, the antiquity of their ?acred ob- servances, the holy veneration due to their temple, which they wished should have atonement made to them by the punish- ment of that most atrocious and audacious man. They said that they could endure every thing else ; that to every thing else thev were indifferent. This indignation of theirs was so great, that you might suppose that Yerres, like another king of hell, had come to Enna and had carried off, not Proserpine. but Ceres herself. And, in truth, that city does not appeal to be a city, but a shrine of Ceres. The people of Enna think that Ceres dwells among them ; so that they appear to me not to be citizens of that city, but to be all priests, to be all min- isters and officers of Ceres. Did you dare to take away out of Enna the statue of Ceres? Did you ttempt at Enna to wrench Victory out of the hand of Ceres ? to tear one goddess from the other? — nothing of which those men dared to violate, or even to touch, whose qualities were all more akin to wick- edness than to religion. For while Publius Popillius and Publius Rupilius were consuls, slaves, runaway slaves, and bar- barians, and enemies, were in possession of that place : tut yet the slaves were not so much slaves to their own mastej s, as you are to your passions ; nor <£ ; «2 *JSe runaways flee from their mas- 564 CICERO'S ORATIONS. ters as far as you flee from all laws and from all rigliflL nor were the barbarians as barbarous in language and in race as you are in your nature and your habits ; nor were the enemies as much enemies to men as you are to the immortal gods. How, then, can a man beg for any mercy who has surpassed slaves in baseness, runaway slaves in rashness, barbarians in wicked- ness, and enemies in inhumanity'? LI. You heard Theodorus and Numinius and Nieasio, dep- uties from Enna, say, in the name of their state, that they had this commission from their fellow-citizens, to go to Yerres, and to demand from him the restoration of the statues of Ceres and of Victory. And if they obtained it, then they were to adhere to the ancient customs of the state of Enna, not to give any public testimony against him, although he had oppressed Sicily, since these were the principles which they had received from their ancestors. But if he did not restore them, then they were to go before the tribunal, to inform the judges of the injuries they had received, but, far above all things, to complain of the insults to their religion. And, in the name of the immortal gods, I entreat you, O j udges, do not you de- spise, do not you scorn or think lightly of their complaints. The injuries done to our allies are the present question ; the authority of the laws is at stake ; the reputation and the hon- esty of our courts of justice is at stake. And though all these are great considerations, yet this is the greatest of all, — the whole province is so imbued with religious feeling, such a su- perstitious dread arising out of that man's conduct has seized upon the minds of all the Sicilians, that whatever public or private misfortunes happen, appear to befall them because of that man's wickedness. You have heard the Centuripans, the Agyrians, the Catenans, the Herbitans, the Ennans, and many other deputies say, in the name of their states, how great was the solitude in their districts, how great the devastation, how universal the flight of the cultivators of the soil ; how desert' ed, how uncultivated, how desolate every place was. And although there are many and various injuries done by that man to which these things are owing, still this one cause, in the opinion of the Sicilians, is the most weighty of all ; for, because of the insults offered to Ceres, they believe that all the crops and gifts of Ceres have perished in these districts. Bring remedies, O judges, to the insulted religion of the allies ; preserve your own, for this is not *» foreign religion, nor one AGAINST VERRES. 565 with which you have no concern. But even if it were, if you were unwilling to adopt it yourselves, still you ought to be willing to inflict heavy punishment on the man who violated it. But now that the common religion of all nations is attack- ed in this way, now that these sacred observances are violated which our ancestors adopted and imported from foreign coun- tries, and have honored ever since, — sacred observances, which they called Greek observances, as in truth they were. — even if we were to wish to be indifferent and cold about these mat- ters, how could we be so % IJLI. I will mention the sacking of one city, also, and that the most beautiful and highly decorated of all, the city of Syracuse. And I will produce my proofs of that, O judges, in order at length to conclude and bring to an end the whole history of offenses of this sort. There is scarcely any one of you who has not often heard how Syracuse was taken by Marcus Marcellus, and who has not sometimes also read the account in our annals. Compare this peace with that war ; the visit of this praetor with the victory of that general ; the debauched retinue of the one with the invincible army of the other ; the lust of Verres with the continence of Marcellus ; — and you will say that Syracuse was built by the man who took it ; was taken by the man who received it well estab- lished and flourishing. And for the present I omit those things which will be mentioned, and have been already men- tioned by me in an irregular manner in different parts of my speech — that the market-place of the Syracusans, which at the entrance of Marcellus was preserved unpolluted by slaugh- ter, on the arrival of Verres overflowed with the blood of in- nocent Sicilians ; that the harbor of the Syracusans, which at that time was shut against both our fleets and those of the Carthaginians, was, while Verres was praetor, open to Cilician pirates, or even to a single piratical galley. I say nothing of the violence offered to people of noble birth, of the ravishment of matrons, atrocities which then, when the city was taken, were not committed, neither through the hatred of enemies, nor through military license, nor through the customs of war or the rights of victory. I pass over, I say, all these things which were done by that man for three whole years. Listen rather to acts which are connected with those matters of which T have hitherto been speaking. You have often heard that the city of Syracuse is the greatest of the Greek cities, and the Z66 CICERO'S ORATIONS. • most beautiful of all. It is so, O judges, as it is said to be; for it is so by its situation, which is strongly fortified, and which is on every side by which you can approach it, whether by sea or land, very beautiful to behold. And it has harbors almost inclosed within the walls, and in the sight of the whole city ; harbors which have different entrances, but which meet together, and are connected at the other end. By their union a part of the town, which is called the island, being separated from the rest by a narrow arm of the sea, is again joined to and connected with the other by a bridge. LIU. That city is so great that it may be said to consist of four cities of the largest size ; one of which, as I have said, is that "Island," which, surrounded by two harbors, projects out toward the mouth and entrance of each. In it there is a palace which did belong to king Hiero, which our pra?tors are in the habit of using ; in it are many sacred buildings, but two, which have a great pre-eminence over all the others, — one a temple of Diana, and the other one, which before the arrival of that man was the most ornamented of all, sacred to Minerva. At the end of this island is a fountain of sweet water, the name of which is Arethusa, of incredible size, very full of fish, which would be entirely overwhelmed by the waves of the sea, if it were not protected from the sea by a rampart and dam of stone. There is also another city at Syracuse, the name of which is Achradina, in which there is a very large forum, most beautiful porticoes, a highly decora- ted town-hall, a most spacious senate-house, and a superb temple of Jupiter Olympius ; and the other districts of the city are joined together by one broad unbroken street, and divided by many cross-streets, and by private houses. There is a third city, which, because in that district there is an ancient temple of Fortune, is called Tyche, in which there is a spa- cious gymnasium, and many sacred buildings, and that district is the most frequented and the most populous. There is also a fourth city, which, because it is the last built, is called Ne- apolis, 1 in the highest part of which there is a very large the- atre, and, besides that, there are two temples of great beauty, one of Ceres, the other of Libera, and a statue of Ap< Ho, which 1 Xcapolis meaning "new city," or as we might say. Newtown, from the Greek words Nea -o/ir. as Tyche is the Greek name of Fortune — Tvxtj. Compare with this passage the description of Syracuse given by ThucvHides in his sixth and seventh books. AGAINST VERRES. 567 is called Temenites, very beautiful and of colossal size ; which, if he could have moved them, he would not have hesitated to carry off. LIV. Now I will return to Marcellus. that I may not ap- pear to have entered into this statement without any reason. He, when with his powerful army he had taken this splendid city, did not think it for the credit of the Roman people to destroy and extinguish this splendor, especially as no danger could possibly arise from it, and therefore he spared all the buildings, public as well as private, sacred as well as ordinary, as if he°had come with his army for the purpose of defending them, not of taking them by storm. With respect to the dec- orations of the city, he had a regard to his own victory, and a regard to humanity ; he thought it was due to his victory to transport many things to Rome which might be an ornament to this city, and due to humanity not utterly to strip the city, especially as it was one which he was anxious to preserve. In this division of the ornaments, the victory of Alarcellus did not covet more for the Roman people than his humanity re- served to the Syracusans. The things which were transport- ed to Rome we see before the temples of Honor and of Virtue, and also in other places. He put nothing in his own house, nothing in his gardens, nothing in his suburban villa; he thought that his house could only be an ornament to the city if h^ abstained from carrying the ornaments which belonged to the city to his own house. But he left many things of ex- traordinary beauty at Syracuse ; he violated not the respect due to any god ; he laid hands on none. Compare Verres with him ; not to compare the man with the man, — no such- injury must be done to such a man as that, dead though he be ; but to compare a state of peace with one of war, a state of law and order, and regular jurisdiction, with one of violence and martial law, and the supremacy of arms ; to compare the arrival and retinue of the one with the victory and army of the other. LV. There is a temple of Minerva in the island, of which I have already spoken, which Marcellus did not touch, which he left full of its treasures and ornaments, but which was so stripped and plundered by Verres, that it seems to have been in the hands, not of an enemy, — for enemies, even in war, re- spect the rights of religion, and the customs of the country,— but of some^barbarian pirates. There was a cavalry battle of 568 CICERO'S ORATIONS. their king Agathocles, exquisitely painted in a series of pic- tures, and with these pictures the inside walls of the temple were covered. Nothing could be more noble than those joint- ings; there was nothing at Syracuse that was thought more worthy going to see. These pictures, Marcus Marcellus, though by that victory of his he had divested every thing of its sacred inviolability of character, still, out of respect for re- ligion, never touched ; Verres, though, in consequence of the long peace, and the loyalty of the Syracusan people, he had received them as sacred and under the protection of religion, took away all those pictures, and left naked and unsightly those walls whose decorations had remained inviolate for so many ages, and had escaped so many wars : Marcellus, who had vowed that if he took Syracuse he would erect two tem- ples at Rome, was unwilling to adorn the temple which he was going to build with these treasures which were his by right of capture; Verres, who was bound by no vows to Honor or Virtue, as Marcellus was, but only to Venus and to Cupid, attempted to plunder the temple of Minerva. The one was unwilling to adorn gods in the spoil taken from gods, the other transferred the decorations of the virgin Minerva to the house of a prostitute. Besides this, he took away out of the same temple twenty-seven more pictures beautifully painted ; among which were likenesses of the kings and tyrants of Sici ly, which delighted one, not only by the skill of the painter, but also by reminding us of the men, and by enabling us to recognize their persons. And see now, how much worse a tyrant this man proved to the Syracusans than ?my of the old ones, as they, cruel as they were, still adorned the temples of the immortal gods, while this man took away the monuments and ornaments from the gods. LVI. But now what shall I say of the folding-doors of that temple % I am afraid that those who have not seen these things may think that I am speaking too highly of, and exag- gerating every thing, though no one ought to suspect that I should be so inconsiderate as to be willing that so many men of the highest reputation, especially when they are judges in this cause, who have been at Syracuse, and who have seen all these things themselves, should be witnesses to my rashness and falsehood. I am able to prove this distinctly, O judges, that no more magnificent doors, none more beautifully wrought of gold and ivory, ever existed in any temple. It is incredible AGAINST VERRES. 569 how many Greeks have left written accounts of the beauty of these doors: they, perhaps, may admire and extol them too much; be it so, still it is more honorable for our republic, O judges, that our general, in a time of war, should have left those things which appeared to them so beautiful, than that our praetor should have carried them off in a time of peace. On the folding-doors were some subjects most minutely ex- ecuted in ivory; all these he caused to be taken out ; he tore off and took away a very fine head of the Gorgon with snakes for hair; and he showed, too, that he was influenced not only by admiration for the workmanship, but by a desire of money and gain ; for he did not hesitate to take away also all the golden knobs from these folding-doors, which were numerous and heavy ; and it was not the workmanship of these, but the weight which pleased him. And so he left the folding-doors in such state, that, though they had formerly contributed greatly to the ornament of the temple, they now seemed to have been made only for the purpose of shutting it up. Am I to speak also of the spears made of grass? for I saw that you were excited at the name of them when the witnesses mentioned them. They were such that it was sufficient to have seen them once, as there was neither any manual labor in them, nor any beauty, but simply an incredible size, which it would be quite sufficient even to hear of, and too much to see them more than once. Did you covet even those ? LVII. For the Sappho which was taken away cut of the town-hall affords you so reasonable an excuse, that it may seem almost allowable and pardonable. That work of Sila- nion, so perfect, so elegant, so elaborate (I will not say what private man, but), what nation could be so worthy to possess, as the most elegant and learned Yerres ? Certainly, nothing can be said against it. If any one of us, who are not as happy, who can not be as refined as that man, should wish to behold any thing of the sort, let him go to the temple of Good Fortune, to the monument of Catulus, to the portico of Metel- lus ; let him take pains to get admittance into the Tusculan villa of any one of those men ; let him see the forum when decorated, if Yerres is ever so kind as to lend any of his treas- ures to the aediles. Shall Yerres have all these tilings at home? shall Yerres have his house full of, his villas crammed with, the ornaments of temples and cities'? Will you still, O judges, bear with the hobby, as he calls it, and pleasures of ) 570 CICERO'S ORATIONS. this vile artisan ? a man who was born in such a rank, edu- cated in such a way, and who is so formed, both in mind and body, that he appears a much fitter person to take down stat- ues than to appropriate them. And how great a regret this Sappho which he carried off left behind her, can scarcely be told; for in the first place it was admirably made, and, be- sides, it had a very noble Greek epigram engraved upon the pedestal ; and would not that learned man, that Grecian, who is such an acute judge of these matters, who is the only man who understands them, if he had understood one letter of Greek, have taken that away too ? for now, because it is en- graved on an empty pedestal, it both declares what was once on the pedestal, and proves that it has been taken away. What shall I say more ? Did you not take away the statue of Paean from out of the temple of 7£seulapius, beautifully made, sacred, and holy as it was? a statue which all men went to see for its beauty, and worshiped for its sacred char- acter. What more? was not the statue of Aristasus openly taken away by your command out of the temple of Bacchus? What more ? did you not take away out of the temple of Ju- piter that most holy statue of Jupiter Imperator, which the Greeks call Ovpiog, most beautifully made? What next? did you hesitate to take away out of the temple of Libera, that most exquisite bust of Parian marble, which we used to go to see? And that Paean used to be worshiped among that people together with ^Esculapius, with anniversary sacrifices. Aris- taeus, who being, as the Greeks report, the son of Bacchus, is said to have been the inventor of oil, was consecrated among them together witli his father Bacchus, in the same temple. LVIII. But how great do you suppose was the honor paid to Jupiter Imperator in his own temple? You may collect it from this consideration, if you recollect how great was the religious reverence attached to that statue of the same appear- ance and form which Flaminius brought out of Macedonia, and placed in the Capitol. In truth, there were said to be in the whole world three statues of Jupiter Imperator, of the same class, all beautifully made : one was that one from Macedonia, which we have seen in the Capitol ; a second was the one at the narrow straits, which are the mouth of the Euxine Sea ; the third was that which was at Syracuse, till Verres came as praetor. Flaminius removed the first from its habitation, but only to place it in the Capitol, that is to say, AGAINST VERRES. 571 in the house of Jupiter upon earth ; but as to the one that is at the entrance of the Euxinc, that, though so many wars have proceeded from the shores of that sea, and though so many have been poured into Pontus, has still remained invio- late and untouched to this day. This third one, which was at Syracuse, which Marcus Marcellus, when in arms and vic- torious, had seen, which he had spared to the religion of the place, which both the citizens of, and settlers in Syracuse were used to worship, and strangers not only visited, but often venerated, Caius Verres took away from the temple of Jupiter. To return again to Marcellus. Judge of the case, O judges, in this way ; think that more gods were lost to the Syracusans owing to the arrival of Verres, than even were owing to the victory of Marcellus. In truth, he is said to have sought dili- gently for the great Archimedes, a man of the highest genius and skill, and to have been greatly concerned when he heard that he had been killed ; but that other man sought for every thing which he did seek for, not for the purpose of preserving it, but of carrying it away. LIX. At present, then, all those things which might appear more insignificant, I will on that account pass over — how he took away Delphic tables made of marble, beautiful goblets of brass, an immense number of Corinthian vases, out of every sacred temple at Syracuse; and therefore, O judges, those men who are accustomed to take strangers about to all those things which are worth going to see, and to show them every separate thing, whom they call mystagogi (or cicerones), now have their description of things reversed ; for as they formerly used to show what there was in every place, so now they show what has been taken from every place. What do you think, then 1 Do you think that those men are affected with but a moderate indignation? Not so, O judges: in the first place, because all men are influenced by religious feeling, and think that their paternal gods, whom they have received from their ancestors, are to be carefully worshiped and retained by themselves ; and secondly, because this sort of ornament, these works and specimens of art, these statues and paintings, delight men of Greek extraction to an excessive degree ; therefore by their complaints we can under- stand that these things appear most bitter to^those men, which perhaps may seem trifling and contemptible to us. Believe me, O judges, although I am aware to a certainty that you 572 CICERO'S ORATIONS. yourselves hear the same things ; that though both our alliep and foreign nations have during these past years sustained many calamities and injuries, yet men of Greek extraction have not been, and are not, more indignant at any than at this ruthless plundering of their temples and altars. Although that man may say that he bought these things, as he is accus- tomed to say, yet, believe me in this, O judges, — no city in all Asia or in all Greece has ever sold one statue, one picture, or one decoration of the city, of its own free will to any body. Unless, perchance, you suppose that, after strict judicial de- cisions had ceased to take place at Rome, the Greeks then be- gan to sell these things, which they not only did not sell when there w r ere courts of justice open, but which they even used to buy up; or unless you think that Lucius Crassus, Quintus Scaevola, Caius Claudius, most powerful men, whose most splendid aedileships we have seen, had no dealings in those sort of matters with the Greeks, but that those men had such dealings who became aediles after the destruction of the courts of justice. LX. Know also that that false pretense of purchase was more bitter to the cities than if any one were privily to filch things, or boldly to steal them and carry them off. For they think it the most excessive baseness, that it should be entered on the public records that the city was induced by a price, and by a small price too, to sell and alienate those things which it had received from men of old. In truth, the Greeks delight to a marvelous degree in those things, which we de- spise. And therefore our ancestors willingly allowed those things to remain in numbers among the allies, in order that they might be as splendid and as nourishing as possible under our dominion ; and among those nations whom they rendered taxable or tributary, 1 still they left these things, in order that they who take delight in those things which to us seem insig- nificant, might have them as pleasures and consolations in slavery. What do you think that the Rhegians, who now are Roman citizens, would take to allow that marble Venus to be taken from them? What would the Tarentines take to lose the Europa sitting on the Bull? or the Satyr which they have 1 The Latin is " quos vectigales aut stipendiarius fuerant"' — " Stipc?i- diarii and vectigales are thus distinguished : Stipendiarn are those who pay annually a fixed sum as tribute ; vectigales, those who pay in pro- portion to their property or income." — Riddle's Diet. v. Stipendiariut. AGAINST VERRES. 573 in the temple of Vesta ? or their other monuments *? What would the Thespians take to lose the statue of Cupid, the only object for which any one ever goes to see Thespiae? What would the men of Cnidos take for their marble Venus'? or the Coans for their picture of her ? or the Ephesians for Alexan- der? the men of Cyzicus for their Ajax or Medea*? What would the Rhodians take for Jalysus'? the Athenians for their marble Bacchus, or their picture of Paralus, or their brazen Heifer, the work of Myron 1 It would be a long business and an unnecessary one, to mention what is worth going to see among all the diiferent nations in all Asia and Greece ; but that is the reason why I am enumerating these things, because I wish you to consider that an incredible indignation must be the feeling of those men from whose cities these things are carried away. LXI. And to say nothing of other nations, judge of the Syracusans themselves. For when I went to Syracuse, I originally believed what I had heard at Rome from that man's friends, that the city of Syracuse, on account of the inherit- ance of Heraclius, was no less friendly to him than the city of the Mamertines, because of their participation in all his booty and robberies. And at the same time I was afraid that, owing to the influence of the high-born and beautiful women at whose will he had directed all the measures of his prastorship for three years, and of the men to whom they were married, I should be opposed not only by an excessive lenity, but even by a feeling of liberality toward that man, if I were to seek for any evi- dence out of the public records of the Syracusans. Therefore when at Syracuse I was chiefly with Roman citizens ; I copied out their papers ; I inquired into their injuries. As I was a long time occupied by that business, in order to rest a little and to give my mind a respite from care, I returned to those fine documents of Carpinatius ; in which, in company with some of the most honorable knights of the body of Roman settlers, I unraveled the case of those Verrutii, whom I have mentioned before, but I expected no aid at all, either publicly or privately, from the Syracusans, nor had I any idea of ask- ing for any. While I was doing this, on a sudden Heraclius came to me, who was in office at Syracuse, a man of high birth, who had been priest of Jupiter, which is the highest honor among the Syracusans ; he requests of me and of my brother, if \ve°have no objection, to go to their senate ; that they were 574 CICERO'S ORATIONS. at that moment assembled in full numbers in the senate-house, and he said that he made this request to us to attend by com- mand of the senate. At first we were in doubt what to do ; but afterward it soon occurred to us that we ought not to shun that assembly or that place. LXIL Therefore we came to the senate-house; they all rise at our entry to do us honor. We sat down at the request of the magistrates. Diodorus the son of Timarehides, who was the first man in that body both in influence and in age, and also as it seemed to me in experience and knowledge of business, began to speak ; and the first sentence of his speech was to tins effect — That the senate and people of Syracuse were grieved and indignant, that, though in all the other cities of Sicily I had informed the senate and people of what I pro- posed for their advantage or for their safety, and though I had received from them all commissions, deputies, letters and evi- dence, yet in that city I had done nothing of that sort. I an- swered, that deputies from the Syracusans had net been present at Rome in that assembly of the Sicilians when my assistance was entreated by the common resolution of all the deputations, and when the cause of the whole of Sicily was intrusted to me ; and that I could not ask that any decree should be pass- ed against Caius Verres in that senate-house in which I saw a gilt statue of Caius Verres. And after I said that, such a groaning ensued at the sight and mention of the statue, that it appeared to have been placed in the senate-house as a mon- ument of his wickednesses and not of his services. Then every one for himself, as fast as each could manage to speak, began to give me information of those things which I have just now mentioned ; to tell me that the city was plundered — the tem- ples stripped of their treasures — that of the inheritance of Heraclius, which he had adjudged to the men of the palaestra, he had taken by far the greatest share himself; and indeed, that they could not expect that he should care for the men of the palsestra, when he had taken away even the god who was the inventor of oil ; that that statue had neither been made at the public expense, nor erected by public authority, but that those men who had been the sharers in the plunder of the in- heritance of Heraclius, had had it made and placed where it was ; and that those same men had been the deputies at Rome, who had been his assistants in dishonesty, his partners in his thofts, and the witnesses of his debaucheries; and that there- AGAINST VERRES. 575 fore I ought the less to wonder if they were wanting to the unanimity of the deputies and to the safety of Sicily. LXIII. When I perceived that their indignation at that man's injuries was not only not less, but almost greater than that of the rest of the Sicilians, then I explained my own in- tentions to them, and my whole plan and system with reference to the whole of the business which I had undertaken ; then I exhorted them not to be wanting to the common cause and the common safety, and to rescind that panegyric which they had voted a few days before, being compelled, as they said, by violence and fear. Accordingly, O judges, the Syracusans, that man's clients and friends, do this. First of all, they pro- duce to me the public documents, which they had carefully stored up in the most sacred part of the treasury ; in which they show me that every thing, which I have said had been taken away, was entered, and even more things than I was able to mention. And they were entered in this way. " What had been taken out of the temple of Minerva . . . This, . . . and that." " "What was missing out of the tem- ple of Jupiter." "What was missing out of the temple of Bacchus." As each individual had had the charge of protect- ing and preserving those things, so it was entered ; that each, when according to law he gave in his accounts, being bound to give up what he had received, had begged that he might be v . pardoned for the absence of these things, and that all had ac- cordingly been released from liability on that account, and that it was kept secret ; all which documents I took care to have sealed up with the public seal and brought away. But con- cerning the public panegyric on him this explanation wa? given : that at first, when the letters arrived from Verres about the panegyric, a little while before my arrival, nothing had been decreed ; and after that, when some of his friends urged them that it ought to be decreed, they were rejected with the \i\ greatest outcry and the bitterest reproaches ; but when I was on the point of arriving, then he who at that time was the chief governor had commanded them to decree it, and that it had been decreed in such a manner that the panegyric did him more damage than it could have done him good. So now, judges, do you receive the truth of that matter from me just as it was shown to me by them. LXIV. It is a custom at Syracuse, that, if a motion on any subject is brought before the senate, whoever wishes, gives his 676 CICERO'S ORATIONS. opinion on it. No one is asked by name for his sentiments; nevertheless, those are accustomed to speak first of their own accord, and naturally, according as they are superior in honor or in age ; and that precedence is yielded to them by the rest ; but, if at any time all are silent, then they are compelled to speak by lot. This was the custom when the motion was made respecting the panegyric of Verres. On which subject. at first great numbers speak, in order to delay coming to any vote, and interpose this objection, that formerly, when they had heard that there was a prosecution instituted against Sex- ./ tus Peducaeus, who had deserved admirably well of that city S^ and of the whole province, and when, in return for his numer- ous and important services, they wished to vote a panegyric on him, they had been prohibited from doing so by Caius Ver- res; and that it would be an unjust thing, although Peducams had now no need of their praise, still not to vote that which at one time they had been eager to vote, before decreeing what they would only decree from compulsion. All shout in assent, and say approvingly that that is what ought to be done. So the question about Peducaeus is put to the senate. Each man gave his opinion in order, according as he had precedence in age and honor. You may learn this from the resolution it- self; for the opinions delivered by the chief men are generally recorded. Read — [The list of speeches made on the subject of Sextus Peducams is read.'] It says who were the chief supporters of the motion. The vote is carried. Then the question about Verres is put. Tell me, I pray, what happened. [The list of speeches made on the subject of Caius Verres . . . .] Well what comes next? *\ [As no one rose, and no one delivered his opinion . . . .] What is this? [They j)Toceed by lot] Why was this? Was no one a willing praiser of your prae- torship, or a willing defender of you from danger, especially when by being so he might have gained favor with the prae- tor? No one. Those very men who used to feast with you, AGAINST VERRES. 577 your advisers and accomplices, did not venture to utter a word, In that very senate-house in which a statue of yourself and a naked statue of your son were standing, was there no one whom even your naked son in a province stripped naked could move to compassion ? Moreover they inform me also of this, that they had passed the vote of panegyric in such a form that all men might see that it was not a panegyric, but rather a satire, to remind every one of his shameful and disastrous proc- torship. For in truth it was drawn up in these words. "Be- cause he had scourged no one." From which you are to un- derstand, that he had caused most noble and innocent men to be executed. "Because he had administered the affairs of the province with vigilance," when all his vigils were well known to have been devoted to debauchery and adultery ; moreover, there was this clause added, which the defendant could never venture to produce, and the accuser would never cease to dwell upon ; " Because Verres had kept all pirates at a dis- tance from the island of Sicily;" men who in his time had entered even into the "island" of Syracuse. And after I had received this information from them, I departed from the sen- ate-house with my brother, in order that they might decree what they chose. LXV. Immediately they pass a decree. First, " That my brother Lucius should be connected with the city by ties of hospitality;" because he had shown the same good-will to the Syracusans that I had always felt myself. That they not only wrote at that time, but also had engraved on brazen tablets «,nd presented to us. Truly very fond of you are your Syra- cusans whom you are always talking of, who think it quite a sufficient reason for forming an intimate connection with your accuser, that he is going to be your accuser, and that he has come among them for the purpose of prosecuting inquiries against you. After that, a decree is passed, not with any dif- ference of opinion, but almost unanimously, " That the pane- gyric which had been decreed to Caius Verres, be rescinded." But, when not only the vote had been come to, but when it had even been drawn up in due form and entered in the rec- ords, an appeal is made to the praetor. But who makes this appeal 1 Any magistrate ? No. Any senator ? Not even that. Any Syracusan ? Far from it. Who, then, appeals to the praetor? The man who had been Verres's quaestor, Caese- tius. Oh, the ridiculous business ! Oh, the deserted man! O Bb 578 CICERO'S ORATIONS. man despaired of and abandoned by the Sicilian magistracy ! In order to prevent the Sicilians passing a resolution of the senate, or from obtaining their rights according to their own customs and their own laws, an appeal is made to the praetor, not by any friend of his, not by any connection, not, in short, by any Sicilian, but by his own quaestor. "Who saw this? Who heard it? That just and wise praetor orders the senate to be adjourned. A great multitude Hocks to me. First of all, the senators cry out that their rights are being taken away ; that their liberty is being taken away. The people praise the senate and thank them. The Roman citizens do not leave me. • And on that day I had no harder task, than with all my ex- ertions to prevent violent hands being laid on the man who made that appeal. When we had gone before the praetor's £V tribunal, he deliberates, forsooth, diligently and carefully what decision he shall give ; for, before I say one word, he rises from his seat, and departs. And so w r e departed from the fo- rum when it was now nearly evening. LXVI. The next day, the first thing in the morning, I beg of him to allow the Syracusans to give me a copy of the reso- lution which they had passed the day before. But he refuses, and says that it is a great shame for me to have made a speech in a Greek senate ; and that, as for my having spoken in the Greek language to Greeks, that was a thing which could not be endured at all. I answered the man as I could, as I chose, find as I ought. Among other things, I recollect that I said that it was easy to be seen how great was the difference be- tween him and the great Numidicus, the real and genuine Mc- tellus. That that Metellus had refused to assist with his pan- egyric Lucius Lucullus, his sister's husband, with whom he was on the very best terms, but that he was procuring pane- gyrics from cities for a man totally unconnected with himself, by violence and compulsion. But when I understood that it was many recent messengers, and many letters, not of intro- duction but of credit, that had had so much influence over him, at the suggestion of the Syracusans themselves I make a seizure of those documents in which the resolutions of the senate were recorded. And now behold a fresh confusion and strife. That, however, you may not suppose that he was with- out any friends or connections at Syracuse, that he was en- tirely desolate and forsaken, a man of the name of Theoinnas- tus, a man ridiculously crazy, whom the Syracusans call The- AGAINST VERRES. 5"?