, 894C L X THE WORLD'S GREAT CLASSICS LIBRAFLY COMMITTE TIMOTHY DWIGHT, D.D. LLD. RICHARD HENRYSTODDARD ARTHVR RICHMOND MARSH, AB. PAVLVAN DYKE.D.D. ALBERT ELLERY BERGH ILLVSTRATED WITH- NEARLY TWO- ^,1 ' HVNDRED PHOTOGRAVV&ES ETCH" \^ INGS COLORED-PLATES AND- FVLL- A PAGE- PORTRAITS OF GREAT- AVTHORS ^ CLARENCE COOK ART EDITOR. THE COLONIAL PRE5S NEW-YORK MDCCCXCIX , . . MARCUS TULLIUS CICERO. Photogravure from the marble bust in the Prado Gallery at Madrid. This is the most pleasing of all extant likenesses of the great Roman orator. It its Cicero when he was about sixty years of age and at the zenith of his. goo ORATIONS MARCUS TULLIUS CICERO TRANSLATED BY CHARLES DUKE YONGE, A.B. WITH A SPECIAL INTRODUCTION BY CHARLES HERMANN OHLY, Ph.D REVISED EDITION THE COLONIAL CornuGKT, 1900, Bv THE COLONIAL PRESS. SPECIAL INTRODUCTION IT is to the ancients we turn when we seek to find the founda- tions on which the structure of modern civilization has been reared. Our laws we trace to Rome. Athens is the mother of art, both plastic and poetic. Both Greece and Rome have taught us the science of government, nay, given us gov- ernment itself. And eloquence, the fleeting utterance of the tongue, we trace in its beginning and perfection, through the channels of Rome, to Athens, its source and fountain-head. Oratory was a living power in Athens and in Rome. It has been a power with all civilized peoples. Its power has always been in direct proportion to the eloquence it bore. For, in the living speech lies that hidden charm by which the emotions are kindled, that rouses to action, that imparts knowledge. " What is there in the world," says Cicero, " more extraordinary than eloquence, whether we consider the admiration of its hearers, the reliance of those who stand in need of assistance, or the good-will it procures from those whom it defends." Eloquence, the quintessence of oratory, has ever been a safe criterion of the intellectual and moral level of a people, its de- cay an indication of torpor and of decay of the ideal. In Demos- thenes culminated the eloquence of Greece; in Cicero that of Rome. With their disappearance vanish the liberties of the people and self-government is effaced. With the institution of free government Roman oratory developed and grew during the five hundred years that Rome was her own mistress. Before the fall of the Republic, when liberty was about to make her last struggle, it reached the summit of perfection. With the decline of independence oratory declined in Rome as well as in Greece. Eloquence ceased to be a weapon in public affairs and yielded its gentle sway to force borne by appeal to arms. Rarely has ora- tory flourished and unfolded its powers in times of peace and SPECIAL INTRODUCTION general prosperity. It needs a soil peculiar to itself, from which to draw its vigor and an atmosphere of its own to expand and to develop its supreme powers. I ' >ltncal ideals and the attainment of high aims have ever been its foster-mother. Great issues, the welfare of nations, oppression of the proud and generous reli- gious fervor, each in turn has tended to urge the orator to impas- sioned eloquence. Turn to the Irish Parliament and its cham- pions for national independence; to the French Revolution and nattainable ideals; to the great struggle in the United States to free the slave from bondage. Never have the powers of elo- quence had greater sway, never have they helped to shape greater e\ Cicero is the embodiment of Roman eloquence. None is greater than he save Demosthenes; none of the ancients nearer to us than he. The more realistic a nation's conception of the life of the ancients, especially in their literature, the nearer has it attained to their standard of perfection. Witness the Latin races, witness England and its intellectual offspring, America. The prose style of all modern writers has been largely in- fluenced by Latin prose, and, above all, by the model style of Cicero. Marcus Tullius Cicero was born on the third of January, about the year 106 B.C. He was of noble birth and his family had possessed equestrian rank from its first admission to the freedom of Rome. At an early age he was brought to Rome. Reared under the best tutors of his time and guided by a natural tendency of his mind, he soon became a zealous student of philosophy, jurisprudence and its twin sister, eloquence. He grew into manhood under the shadow of the outrages of civil war. His defence of Roscius against the favorite of Sulla falls in the year 81 B.C. Hortensius was his opponent. To triumph over such a foe was a triumph indeed. A two-years' sojourn abroad in Greece and Asia Minor did much to invigorate his body and develop his mind. As quaestor in Sicily, then in his thirtieth year, he acquired his first experience in the administra- tion of government. In the Senate Cicero was at this time looked upon as leader and champion. Public favor was be- stowed on him without his 1 courting it by insidious arts. The ac- cusation of Verres was delegated to him after he had been unani- SPECIAL INTRODUCTION v mously elected ccdilis cnrnlis in 69 B.C. During his praetorship he assisted Pompey in securing the generalship in the war against Mithridates. His election as consul, in 64 B.C., marks the climax of his life. The defence of Rabirius and the prose- cution of Catiline belong to this period. But stronger arms than his aspired to rule. Cicero was pow- erless against the combination of Crassus, Caesar and Pompey. The entry of Publius Clodius into the triumvirate drove him into exile. To Pompey's quarrel with Clodius he owed his recall. The fate of Crassus had impressed him profoundly, and we miss in Cicero henceforth that independence of character that marked his earlier years. Discouraged from participating in public affairs, he now entered upon a period of great literary activity. The final struggle between Pompey and Caesar was drawing near. Cicero's friendship and influence, still powerful, were sought by both, and, while his heart inclined him to Pompey, his reason favored Caesar. Nothing, however, could induce him to abandon his seclusion, till, after the assassination of Caesar, he proposed in the Senate a general pardon for all participants in the struggle, and effected a superficial reconciliation between the opposing factions. He joined Octavianus against Anto- nius, and with all the power of his eloquence strove to thwart the designs of Antonius to continue in the role of Caesar. But Octavianus repaid him ill. In his new triumvirate with Antonius and Lepidus all friends of liberty were doomed by pro- scription. Cicero was the first victim demanded from Octa- vianus by the implacable Antonius. On the seventh day of De- cember in the year 43 B.C., he suffered death at the hands of C. Popillius Laenas, whose life he had once saved. His head and right hand were exposed to the populace, a spectacle that brought tears to every eye in the gazing multitude, and exulta- tion to the hearts of sycophants and the enemies of liberty. It was the conception and the pursuit of ideal beauty that produced all the masterpieces of Greek art. Cicero applied it to eloquence. He tells us that he continually strove to attain an ideal excellence not found in any living model nor taught in any school ; and accords to his Grecian rival the great praise of all but reaching a perfection which he had himself always longed for but had never been able to attain. No writer has ever made so close a scrutiny of himself and his art as he. In " De Oratore " ri SPECIAL INTRODUCTION he points to the variations of Thus, among others, he gives reasons that aroused him to indignation :m ami < atiliiK. and those that in- spired him t.) insinuating eloqm-mv in >|>eakiiig n should be raised throughout all Italy; that Catiline should put ill at the head <>f the troops in Ktruria; that Rome should be et 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. Lcntulus was to be president of their councils, Cassius was to manage the firing of the city, and Ccthegus 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 pretence 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 conspira- tors, as by the intrigues of a woman called Fulvia, the mistress of Curius, he had gained him over, and received regularly from htm 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 Praeneste, which was a very strong fortress, and would have been of great use to him. The meeting of the conspirators had taken place on the evening of the sixth of November. On the eighth Cicero summoned the Senate to meet in the temple of Jupiter in the Capitol, a place which was only used for this purpose on occasions of great danger. (There had been previously several debates on the subject of Catiline's treasons and design of murdering Cicero, and a public reward 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 anyone 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 empty: and Cicero himself was so provoked at his audacity, that, instead of entering on any formal business, he ad- dressed himself directly to Catiline in the following invective. FIRST ORATION AGAINST CATILINE WHEN, O Catiline, do you mean to cease abusing our pa- tience? How long is that madness of yours still to mock us? When is there to be an end of that un- bridled audacity of yours, swaggering about as it does now? Do not the mighty guards placed on the Palatine Hill do not the watches posted throughout the city does not the alarm of the people, and the union of all good men does not the precau- tion taken of assembling the Senate in this most defensible place do not the looks and countenances of this venerable body here present, have any effect upon you? Do you not feel that your plans are detected? Do you not see that your conspiracy is already arrested and rendered powerless by the knowledge which everyone here possesses of it? What is there that you did last night, what the night before where is it that you were who was there that you summoned to meet you what design was there which was adopted by you, with which you think that any- one of us is unacquainted? Shame on the age and on its principles ! The Senate is aware of these things ; the consul sees them ; and yet this man lives. Lives! ay, he comes even into the Senate. He takes a part in the public deliberations ; he is watching and marking down and checking off for slaughter every individual among us. And we, gallant men that we are, think that we are doing our duty to the republic if we keep out of the way of his frenzied attacks. You ought, O Catiline, long ago to have been led to execu- tion by command of the consul. That destruction which you have been long plotting against us ought to have already fallen on your own head. What? Did not that most illustrious man, Publius Scipio, 1 'This was Scipio Nasica, who called duty and save the republic; but as he on the consul Mucius Sca-vola to do his refused to put anyone to death without 6 CICERO the Pontifi-x Maximus, in his capacity of a private citizen, put to death Tiberius Gracchus, though but slightly undermining the constitution? And shall we, who are the consuls, tolerate Catiline, openly desirous to destroy the whole world with fire and slaughter? Fur I pass over older instances, such as how Caius Scrvilius Ahala with his own hand slew Spurius Maelius when plotting a revolution in the state. There was there was once such virtue in this republic, that brave men would repress mischievous citizens with severer chastisement than the most bitter enemy. For we have a resolution* of the Senate, a formidable and authoritative dn MM you, O Catiline; the wisdom of the republic is not at fault, nor the dignity of this senatorial body. We, we alone I say it openly we, the consuls, are wanting in our duty. II. The senate once passed a decree that Lucius Opimius, the consul, should take care that the republic suffered no injury. Not one night elapsed. There was put to death, on some mere suspicion of disaffection, Caius Gracchus, a man whose family had borne the most unblemished reputation for many generations. There were 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* 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, without the delay of one single day? But we, for these twenty days, 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 this 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 not to appear negligent amid such danger to the state ; but I do now a trial. Scipio called on all the citizens empted the consuls from all obligation to follow him, and stormed the Capitol, to attend to the ordinary forms of law, which Gracchus had occupied with his and invested them with absolute power party, and slew many of the partisans over the lives of all the citizens who of Gracchus, and Gracchus himself. were intriguing against the republic. 1 This resolution was couched in the * This is the same incident that is the form " Yideant Consults nequid res- subject of the preceding oration in de- publica detriment! capiat;" and it ex- fence of Rabirius. w J 'jjll pjiniing b at Romt. The artist has chosen the moment when the orator leaps the assembled conscript fathers, and .. the assembly the whole plot of the las been for weeks secretly unravelling. The effect rophe is electrical. The Senators hint: on the wot tested conspirator cowers under the lash of the spe.i v dramatic, as, indeed, it represents one of the most drat FIRST ORATION AGAINST CATILINE 7 accuse myself of remissness and culpable inactivity. A camp is pitched in Italy, at the entrance of Etruria, 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, I suppose, have to fear lest all good men should say that I had acted tardily, rather than that anyone 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 not one person possible to be found so wicked, so abandoned, so like yourself, as not to allow that it has been rightly done. As long as one person exists who can dare to defend you, you shall live; but you shall live as you do now, surrounded by my many and trusted guards, so that you shall not be able to stir one finger against the republic : many eyes and ears shall still observe and watch you, as they have hitherto done, though you shall not per- ceive them. For what is there, O Catiline, that you can still expect, if night is not able to veil your nefarious meetings in darkness, and if private houses cannot conceal the voice of your conspiracy within their walls if everything is seen and displayed ? Change your mind : trust me : forget the slaughter and conflagration you are meditating. You are hemmed in on all sides; all your plans are clearer than the day to us; let me remind you of them. Do you recollect that on the twenty-first of October I said in the Senate, that on a certain day, which was to be the twenty-seventh of October, C. Manlius, the satellite and servant of your audacity, would be in arms? Was I mistaken, Catiline, not only in so im- portant, so atrocious, so incredible a fact, but, what is much more remarkable, in the very day? I said also in the Senate that you had fixed the massacre of the nobles for the twenty-eighth of October, when many chief men of the Senate had left Rome, not so much for the sake of saving themselves as of checking your designs. Can you deny that on that very day you were so hemmed in by my guards and my vigilance, that you were un- able to stir one finger against the republic ; when you said that you would be content with the flight of the rest, and the slaughter 8 CICERO of us who remaim-d? What? \\hcn you made sure that would be able to seize Praeneste on the first of November by a nocturnal attack, did you not find that that colony was fortified by my order, by my garrison, by my watchfulness and care? You do nothing, you plan nothing, think of nothing which I not only do not hear, but which I do not see and know every particu- lar of. Listen while I speak of the night before. You shall now see that I watch far more actively for the safety than you do for the destruction of the republic. I say that you came the night be- fore (I will say nothing obscurely) into the Scythe-dealers' street, to the house of Marcus Lecca; that many of your accomplia the same insanity and wickedness came there too. Do you dare to deny it? Why are you silent? I will prove it if you do deny it; for I see here in the Senate some men who were there with you. O ye immortal gods, where on earth are we? in what city are we living? what constitution is ours? There are here here in our body, O conscript fathers, in this the most holy and dignified assembly of the whole world, men who meditate my death, and the death of all of us, and the destruction of this city, and of the whole world. I, the consul, see them; I ask them their opinion about the republic, and I do not yet attack, even by words, those who ought to be put to death by the sword. You were, then, O Catiline, at Lecca's that night; you divided Italy into sections; you settled where everyone was to go; you fixed whom you were to leave at Rome, whom you were to take with you; you portioned out the divisions of the city for conflagration; you undertook that you yourself would at once leave the city, and said that there was then only this to delay you, that I was still alive. Two Roman knights were found to deliver you from this anxiety, and to promise that very night, before daybreak, to slay me in my bed. All this I knew almost before your meeting had broken up. I strengthened and fortified my house with a stronger guard; I refused admittance, when they came, to those whom you sent in the morning to salute me, and of whom I had foretold to many eminent men that they would come to me at that time. As, then, this is the case, O Catilirne, continue as you have begun. Leave the city at last: the gates are open; depart. FIRST ORATION AGAINST CATILINE 9 That Manlian camp of yours has been waiting too long for you as its general. And lead forth with you all your friends, or at least as many as you can; purge the city of your presence; you will deliver me from a great fear, when there is a wall between me and you. Among us you can dwell no longer I will not bear it, I will not permit it, I will not tolerate it. Great thanks are due to the immortal gods, and to this very Jupiter Stator, in whose temple we are, the most ancient protector of this city, that we have already so often escaped so foul, so horrible, and so deadly an enemy to the republic. But the safety of the commonwealth must not be too often allowed to be risked on one man. As long as you, O Catiline, plotted against me while I was the consul elect, I defended myself not with a public guard, but by my own private diligence. When, in the next consular comitia, you wished to slay me when I was actually consul, and your competi- tors also, in the Campus Martius, I checked your nefarious at- tempt by the assistance and resources of my own friends, without exciting any disturbance publicly. In short, as often as you at- tacked me, I by myself opposed you, and that, too, though I saw that my ruin was connected with great disaster to the republic. But now you are openly attacking the entire republic. You are summoning to destruction and devastation the tem- ples of the immortal gods, the houses of the city, the lives of all the citizens; in short, all Italy. Wherefore, since I do not yet venture to do that which is the best thing, and which belongs to my office and to the discipline of our ancestors, I will do that which is more merciful if we regard its rigor, and more expedient for the state. For if I order you to be put to death, the rest of the conspirators will still remain in the republic; if, as I have long been exhorting you, you depart, your companions, these worthless dregs of the republic, will be drawn off from the city too. What is the matter, Catiline? Do you hesitate to do that when I order you which you were already doing of your own ac- cord? The consul orders an enemy to depart from the city. Do you ask me, Are you to go into banishment? I do not order it; but, if you consult me, I advise it. For what is there, O Catiline, that can now afford you any pleasure in this city? for there is no one in it, except that band of profligate conspirators of yours, who does not fear you no one who does not hate you. What brand of domestic baseness is io CICERO not stamped upon your life? What disgraceful circumstam iting to your infamy in your private affairs? From what licentiousness have your eyes, from what atrocity have your hands, from what iniquity has your whole body, ever abstained? Is there one youth, when you have once entangled him in the temptations of your corruption, to whom you have not held out a sword for audacious crime, or a torch for licentious wicked- ness? What? when lately by the death of your former wife you had made your house empty and ready for a new bridal, did you not even add another incredible wickedness to this wickedness? But I pass that over, and willingly allow it to be buried in silence, that so horrible a crime may not be seen to have existed in this city, and not to have been chastised. I pass over the ruin of your fortune, which you know is hanging over you against the ides of the very next month; I come to those things which re- late not to the infamy of your private vices, not to your domestic difficulties and baseness, but to the welfare of the republic and to the lives and safety of us all. Can the light of this life, O Catiline, can the breath of this at- mosphere be pleasant to you, when you know that there is not one man of those here present who is ignorant that you, on the last day of the year, when Lepidus and Tullus were consuls, stood in the assembly armed ; that you had prepared your hand for the slaughter of the consuls and chief men of the state, and that no reason or fear of yours hindered your crime and madness, but the fortune of the republic? And I say no more of these things, for they are not unknown to everyone. How often have you endeavored to slay me, both as consul elect and as actual consul? how many shots of yours, so aimed that they seemed im- possible to be escaped, have I avoided by some slight stooping aside, and some dodging, as it were, of my body? You at- tempt nothing, you execute nothing, you devise nothing that can be kept hid from me at the proper time; and yet you do not cease to attempt and to contrive. How often already has that dagger of yours been wrested from your hands? how often has it slipped through them by some chance, and dropped down? and yet you cannot any longer do without it; and to what sacred mysteries it is consecrated and devoted by you I know not, that you think it necessary to plunge it in the body of the consul. FIRST ORATION AGAINST CATILINE n But now, what is that life of yours that you are leading? For I will speak to you not so as to seem influenced by the hatred I ought to feel, but by pity, nothing of which is due to you. You came a little while ago into the Senate: in so numerous an as- sembly, who of so many friends and connections of yours saluted you? If this in the memory of man never happened to any one else, are you waiting for insults by word of mouth, when you are overwhelmed by the most irresistible condemnation of silence? Is it nothing that at your arrival all those seats were vacated? that all the men of consular rank, who had often been marked out by you for slaughter, the very moment you sat down, left that part of the benches bare and vacant? With what feelings do you think you ought to bear this? On my honor, if my slaves feared me as all your fellow-citizens fear you, I should think I must leave my house. Do not you think you should leave the ctiy? If I saw that I was even undeservedly so suspected and hated by my fellow-citizens, I would rather flee from their sight than be gazed at by the hostile eyes of everyone. And do you, who, from the consciousness of your wickedness, know that the hatred of all men is just and has been long due to you, hesitate to avoid the sight and presence of those men whose minds and senses you offend? If your parents feared and hated you, and if you could by no means pacify them, you would, I think, depart somewhere out of their sight. Now, your country, which is the common parent of all of us, hates and fears you, and has no other opinion of you, than that you are meditating parricide in her case; and will you neither feel awe of her authority, nor deference for her judgment, nor fear of her power? And she, O Catiline, thus pleads with you, and after a manner silently speaks to you : There has now for many years been no crime committed but by you; no atrocity has taken place with- out you; you alone unpunished and unquestioned have mur- dered the citizens, have harassed and plundered the allies; you alone have had power not only to neglect all laws and investiga- tions, but to overthrow and break through them. Your former actions, though they ought not to have been borne, yet I did bear as well as I cotrid ; but now that I should be wholly occupied with fear of you alone, that at every sound I should dread Cati- line, that no design should seem possible to be entertained against me which does not proceed from your wickedness, this is i a CICERO no longer endurable. Depart, then, and deliver me from this fear; that, it it he a just one, I may not be destroyed; if an im- aginary one. that at least I may at last cease to fear. I 1 have said, your country were thus to address you, ought she not to obtain her request, even if she were not able to enforce it? What shall I say of your having given yourself into custody? what of your having said, for the sake of avoiding sus- picion, that you were willing to dwell in the house of Marcus Lepidus? And when you were not received by him, you dared even to come to me, and begged me to keep you in my house; and when you had received answer from me that I could not possibly be safe in the same house with you, when I considered myself in great danger as long as we were in the same city, you came to Ouintus Metellus, the praetor, and being rejected by him, you passed on to your associate, that most excellent man. Marcus Marcellus. who would be, I suppose you thought, most diligent in guarding you, most sagacious in suspecting you, and most bold in punishing you ; but how far can we think that man ought to be from bonds and imprisonment who has already judged himself deserving of being given into custody? Since, then, this is the case, do you hesitate, O Catiline, if you cannot remain here with tranquillity, to depart to some distant land, and to trust your life, saved from just and deserved punish- ment, to flight and solitude? Make a motion, say you, to the Senate (for that is what you demand), and if this body votes that you ought to go into banishment, you say that you will obey. I will not make such a motion, it is contrary to my principles, and yet I will let you see what these men think of you. Be gone from the city, O Catiline, deliver the republic from fear; depart into banishment, if that is the word you are waiting for. What now, O Catiline? Do you not perceive, do you not see the silence of these men? they permit it, they say nothing; why wait you for the authority of their words, when you see their wishes in their silence? I>nt had I said the same to this excellent young man, Publius Sextius, or to that brave man, Marcus Marcellus, before this time the Senate would deservedly have laid violent hands on me, con- sul though I be, in this very temple. But as to you, Catiline, while they are quiet they approve, while they permit me to speak they vote, while they are silent they are loud and eloquent. And FIRST ORATION AGAINST CATILINE 13 not they alone, whose authority forsooth is dear to you, though their lives are unimportant, but the Roman knights too, those most honorable and excellent men, and the other virtuous citi- zens who are now surrounding the Senate, whose numbers you could see, whose desires you could know, and whose voices you a few minutes ago could hear ay, whose very hands and weap- ons I have for some time been scarcely able to keep off from you; but those, too, I will easily bring to attend you to the gates if you leave these places you have been long desiring to lay waste. And yet, why am I speaking ? that anything may change your purpose? that you may ever amend your life? that you may medi- tate flight or think of voluntary banishment? I wish the gods may give you such a mind; though I see, if alarmed at my words you bring your mind to go into banishment, what a storm of unpopularity hangs over me, if not at present, while the mem- ory of your wickedness is fresh, at all events hereafter. But it is worth while to incur that, as long as that is but a private mis- fortune of my own, and is unconnected with the dangers of the republic. But we cannot expect that you should be concerned at your own vices, that you should fear the penalties of the laws, or that you should yield to the necessities of the republic, for you are not, O Catiline, one whom either shame can recall from infamy, or fear from danger, or reason from madness. Wherefore, as I have said before, go forth, and if you wish to make me, your enemy as you call me, unpopular, go straight into banishment. I shall scarcely be able to endure all that will be said if you do so ; I shall scarcely be able to support my load of unpopularity if you do go into banishment at the com- mand of the consul; but if you wish to serve my credit and reputation, go forth with your ill-omened band of profligates; betake yourself to Manlius, rouse up the abandoned citizens, separate yourself from the good ones, wage war against your country, exult in your impious banditti, so that you may not seem to have been driven out by me and gone to strangers, but to have gone invited to your own friends. Though why should I invite you, by whom I know men have been already sent on to wait in arms for you at the forum Aure- lium; who I know has fixed and agreed with Manlius upon a settled day; by whom I know that that silver eagle, which I trust will be ruinous and fatal to you and to all your friends, and , 4 CICERO to which there was set up in your house a shrine as it were of your crimes, has been already sent forward. Need I fear that you can long do without that which you used to worship when going out to murder, and from whose altars you have often transferred your impious hand to the slaughter of citizen You will go at last where your unbridled and mad desire has been long hurrying you. And this causes you no grief, but an incredible pleasure. Nature has formed you, desire has tra; you, fortune has preserved you for this insanity. Not only did you never desire quiet, but you never even desired any war but a criminal one; you have collected a band of profligates and worthless men, abandoned not only by all fortune but even by hope. Then what happiness will you enjoy! with what delight will you exult! in what pleasure will you revel! when in so numerous a body of friends, you neither hear nor see one good man. All the toils you have gone through have always pointed to this sort of life; your lying on the ground not merely to lie in wait to gratify your unclean desires, but even to accomplish crimes; your vigilance, not only when plotting against the sleep of hus- bands, but also against the goods of your murdered victims, have all been preparations for this. Now you have an opportu- nity of displaying your splendid endurance of hunger, of cold, of want of everything; by which in a short time you will find yourself worn out. All this I effected when I procured your rejection from the consulship, that you should be reduced to make attempts on your country as an exile, instead of being able to distress it as consul, and that that which had been wickedly undertaken by you should be called piracy rather than war. Now that I may remove and avert, O conscript fathers, any in the least reasonable complaint from myself, listen, I beseech you, carefully to what I say, and lay it up in your inmost hearts and minds. In truth, if my country, which is far dearer to me than my life if all Italy if the whole republic were to address me, " Marcus Tullius, what are you doing? will you permit that man to depart whom you have ascertained to be an enemy? whom you see ready to become the general of the war? whom you know to be expected in the camp of the enemy as their chief, the author of all this wickedness, the head of the con- FIRST ORATION AGAINST CATILINE 15 spiracy, the instigator of the slaves and abandoned citizens, so that he shall seem not driven out of the city by you, but let loose by you against the city? Will you not order him to be thrown into prison, to be hurried off to execution, to be put to death with the most prompt severity? What hinders you? is it the customs of our ancestors? But even private men have often in this republic slain mischievous citizens. Is it the laws which have been passed about the punishment of Roman citizens? But in this city those who have rebelled against the republic have never had the rights of citizens. Do you fear odium with posterity? You are showing fine gratitude to the Roman peo- ple which has raised you, a man known only by your own actions, of no ancestral renown, through all the degrees of honor at so early an age to the very highest office, if from fear of unpopularity or of any danger you neglect the safety of your fellow-citizens. But if you have a fear of unpopularity, is that arising from the imputation of vigor and boldness, or that aris- ing from that of inactivity and indecision most to be feared? When Italy is laid waste by war, when cities are attacked and houses in flames, do you not think that you will be then con- sumed by a perfect conflagration of hatred?" To this holy address of the republic, and to the feelings of those men who entertain the same opinion, I will make this short answer: If, O conscript fathers, I thought it best that Catiline should be punished with death, I would not have given the space of one hour to this gladiator to live in. If, forsooth, those excellent men and most illustrious cities not only did not pollute themselves, but even glorified themselves by the blood of Saturninus, and the Gracchi, and Flaccus, and many others of old time, surely I had no cause to fear lest for slaying this par- ricidal murderer of the citizens any unpopularity should accrue to me with posterity. And if it did threaten me to ever so great a degree, yet I have always been of the disposition to think un- popularity earned by virtue and glory, not unpopularity. Though there are some men in this body who either do not see what threatens, or dissemble what they do see; who have fed the hope of Catiline by mild sentiments, and have strengthned the rising conspiracy by not believing it; influenced by whose authority many, and they not wicked, but only ignorant, if I pun- ished him, would say that I had acted cruelly and tyrannically. 16 CICERO Hut I know that if he arrives .imp of Manlius to which he is going, there will be no one so .-tupid as not to see that there has been a conspiracy, no one so hardened as not to confer But if tins man alone \\en- \<\\[ to death, I know that this disease of the republic would be only checked for a while, not eradicated forever. But if he banislu > himself, aud takes with him all his friends, and collects at one point all the ruined men from every quarter, then not only will this full-grown plague of the republic be extinguished and eradicated, but also the root and seed of all future evils. We have now for a long time, O conscript fathers, lived among these dangers and machinations of conspiracy; l.ut somehow or other, the ripeness of all wickedness, and of this long-standing madness and audacity, has come to a head at the time of my consulship. But if this man alone is removed from this piratical crew, we may appear, perhaps, for a short time re- lieved from fear and anxiety, but the danger will settle down and lie hid in the veins and bowels of the republic. As it often hap- pens that men afflicted with a severe disease, when they are torturd with heat and fever, if they drink cold water, seem at first to be relieved, but afterward suffer more and more severely; so this disease which is in the republic, if relieved by the punish- ment of this man, will only get worse and worse, as the rest will be still alive. Wherefore, O conscript fathers, let the worthless begone let them separate themselves from the good let them collect in one place let them, as I have often said before, be separated from us by a wall ; let them cease to plot against the consul in his own house to surround the tribunal of the city praetor to besiege the senate-house with swords to prepare brands and torches to burn the city; let, it, in short, be written on the brow of every citizen, what are his sentiments about the republic. I promise you this, O conscript fathers, that there shall be so much diligence in us the consuls, so much authority in you, so much virtue in the Roman knights, so much unanimity in all good men, that you shall see everything made plain and mani- fest by the departure of Catiline everything checked and pun- ished. With these omens, O Catiline, begone to your impious and nefarious war, to the great safety of the republic, to your own FIRST ORATION AGAINST CATILINE 17 misfortune and injury, and to the destruction of those who have joined themselves to you in every wickedness and atrocity. Then do you, O Jupiter, who were consecrated by Romulus with the same auspices as this city, whom we rightly call the stay of this city and empire, repel this man and his companions from your altars and from the other temples from the houses and walls of the city from the lives and fortunes of all the citi- zens; and overwhelm all the enemies of good men, the foes of the republic, the robbers of Italy, men bound together by a treaty and infamous alliance of crimes, dead and alive, with eter- nal punishments. SECOND ORATION AGAINST CATILINE THE ARGUMENT Catiline did not venture to make any reply to the former speech, but he begged the Senate not to be too hasty in believing everything which was said to his prejudice by one who had always been his enemy, as Cicero had; and alleged his high birth, and the stake which he had in the prosperity of the commonwealth, as arguments to make it ap- pear improbable that he should seek to injure it; and called Cicero a stranger, and a new inhabitant of Rome. But the Senate interrupted him with a general outcry, calling him traitor and parricide. Upon which, being rendered furious and desperate, he declared aloud what he had before said to Cato, that since he was circumvented and driven headlong by his enemies, he would quench the flame which his enemies were kindling around him in the common ruin. And so he rushed out of the temple. On his arrival at his own house he held a brief con- ference with the other conspirators, in which it was resolved that he should go at once to the camp of Manlius, and return as speedily as he could at the head of the army which was there awaiting him. Accord- ingly, that night he left Rome with a small retinue, and made the best of his way toward Etruria. His friends gave out that he had gone into voluntary banishment at Marseilles, and spread that report through the city the next morning, in order to excite odium against Cicero, as having driven him out without any trial or proof of his guilt. But Cicero was aware of his motions, and knew that he had previously sent a quantity of arms, and military ensigns, and especially a silver eagle which he had been used to keep in his own house with a superstitious reverence, because it had been used by the great Marius in his expedi- tion against the Cimbri. However, he thought it desirable to counter- act the story of his having gone into exile, and therefore summoned the people into the forum, and made them the following speech. SECOND ORATION AGAINST CATILINE AT length, O Romans, we have dismissed from the city, or driven out, or, when he was departing of his own ac- cord, we have pursued with words, Lucius Catiline, mad with audacity, breathing wickedness, impiously planning mis- chief to his country, threatening fire and sword to you and to this city. He is gone, he has departed, he has disappeared, he has rushed out. No injury will now be prepared against these walls within the walls themselves by that monster and prodigy of wickedness. And we have, without controversy, defeated him, the sole general of this domestic war. For now that dag- ger will no longer hover about our sides; we shall not be afraid in the campus, in the forum, in the senate-house ay, and within our own private walls. He was moved from his place when he was driven from the city. Now we shall openly carry on a regular war with an enemy without hinderance. Beyond all question we ruin the man; we have defeated him splendidly when we have driven him from secret treachery* into open war- fare. But that he has not taken with him his sword red with blood as he intended that he has left us alive that we wrested the weapon from his hands that he has left the citizens safe and the city standing, what great and overwhelming grief must you think that this is to him! Now he lies prostrate, O Romans, and feels himself stricken down and abject, and often casts back his eyes toward this city, which he mourns over as snatched from his jaws, but which seems to me to rejoice at having vomited forth such a pest, and cast it out of doors. But if there be anyone of that disposition which all men should have, who yet blames me greatly for the very thing in which my speech exults and triumphs namely, that I did not arrest so capital mortal an enemy rather than let him go that is not my fault, O citizens, but the fault of the times. Lucius Catiline ought to have been visited with the severest punish- 21 ia CICERO merit, and to have been put to death long since; and both the customs of our anceM : -. an happy shall we be, fortunate will be the republic, illustrious will be the renown of my con- sulship. For theirs is no ordinary insolence no common and endurable audacity. They think of nothing but slaughter, con- flagration, and rapine. They have dissipated their patrimonies, they have squandered their fortunes. Money has long failed them, and now credit begins to fail; but the same desires remain which they had in their time of abundance. But if in their drinking and gambling parties they were content with feasts and harlots, they would be in a hopeless state indeed ; but yet they might be endured. But who can bear this that indolent men should plot against the bravest; drunkards against the sober; men asleep against men awake; men lying at feasts, em- bracing abandoned women, languid with wine, crammed with food, crowned with chaplets, 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 worrhlessness, and wickedness, and lust, is either visibly at hand or at least rapidly approaching. And if my consulship shall have removed, since it cannot 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 are tranquillized, both by land and sea, by the valor of one man. Domestic war alone remains. The only plots against us are within our own walls the danger is within the enemy is within. We must war with luxury, with madness, with wickedness. For this war. O citizens, I offer myself as the general. I take on myself the SECOND ORATION AGAINST CATILINE 25 enmity of profligate men. What can be cured, I will cure, by whatever means it may be possible. What must be cut away, I will not suffer to spread, to the ruin of the republic. Let them depart, or let them stay quiet ; or if they remain in the city and in the same disposition as at present, let them expect what they deserve. But there are men, O Romans, who say that Catiline has been driven by me into banishment. But if I could do so by a word, I would drive out those also who say so. Forsooth, that timid, that excessively bashful man could not bear the voice of the consul; as soon as he was ordered to go into banishment, he obeyed, he was quiet. Yesterday, when I had been all but mur- dered at my own house, I convoked the Senate in the temple of Jupiter Stator; I related the whole affair to the conscript fathers; and when Catiline came thither, what senator addressed him? who saluted him? who looked upon him not so much 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 nocturnal meeting at Marcus Lecca's, or not ; when that most audacious man, convicted by his own conscience, was at first silent. I re- lated all the other circumstances; I described what he had done that night, where he had been, what he had arranged for the next night, how the plan of the whole war had been 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 silver 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 already entered upon war? I suppose Manlius, that centurion who has pitched his camp in the Faesulan district, has proclaimed 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. 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 counsels, by my toils, t6 CICERO by my dangers, should on a sudden become alarmed, should change his designs, should desert his friends, should abandon his design of making war, should change his path from this course of wickedness and war, and betake himself to flight and exile, he will not be said to have been deprived by me of the a- of his audacity, to have been astounded and terrified by my dili- gence, to have been driven from his hope and from his enter- . hut, uncondemned and innocent, to have been driven into banishment by the consul by threats and violence; and there will be some who will seek to have him thought not worthless but unfortunate, and me considered not a most active consul, but a most cruel tyrant. I am not unwilling, O Romans, to en- dure this storm of false and unjust popularity as long as the danger of this horrible and nefarious war is warded off from you. Let him be said to be banished by me as long as he goes into banishment ; but. believe me, he will not go. I will never ask of the immortal gods, O Romans, for the sake of lightening my own unpopularity, for you to hear that Lucius Catiline is leading an army of enemies, and is hovering about in arms; but yet in three days you will hear it. And I much more fear that it will be objected to me some day or other that I have let him escape, rather than that I have banished him. But when there are men who say he has been banished because he has gone away, what would these men say if he had been put to death? Although those men who keep saying that Catiline is going to Marseilles do not complain of this so much as they fear it; for there is not one of them so inclined to pity, as not to prefer that he should go to Manlius rather than to Marseilles. But he, if he had never before planned what he is now doing, yet would rather be slain while living as a bandit, than live as an exile; but now, when nothing has happened to him contrary to his own wish and design except, indeed, that he has left Rome while we are alive let us wish rather that he may go into exile than complain of it. But why are we speaking so long about one enemy; and about that enemy who now avows that he is one; and whom I now do not fear, because, as I have always wished, a wall is be- tween us; and are saying nothing about those who dissemble, who remain at Rome, who are among us? Whom, indeed, if it were by any means possible, I should be anxious not so much to SECOND ORATION AGAINST CATILINE 27 chastise as to cure, and to make friendly to the republic; nor, if they will listen to me, do I quite know why that may not be. For I will tell you, O Romans, of what classes of men those forces are made up, and then, if I can, I will apply to each the medicine of my advice and persuasion. There is one class of them, who, with enormous debts, have still greater possessions, and who can by no means be detached from their affection to them. Of these men the appearance is most respectable, for they are wealthy, but their intention and their cause are most shameless. Will you be rich in lands, in houses, in money, in slaves, in all things, and yet hesitate to diminish your possessions to add to your credit? What are you expecting? War? What! in the devastation of all things, do you believe that your own possessions will be held sacred? do you expect an abolition of debts? They are mistaken who ex- pect 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 possessions be safe by any other means; and if they had been willing to adopt this plan earlier, and not, as is very foolish, to struggle on against usury with the profits of their farms, 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. There is another class of them, who, although they are har- assed by debt, yet are expecting supreme power; they wish to become masters. They think that when the republic is in con- fusion they may gain those honors which they despair of when it is in tranquillity. And they must, I think, be told the same as everyone 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 unanimity, 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 beautiful city, against such wicked violence. And if they had already 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 38 and infamous hearts thc\ they will become consuls and tlu-tat. r-, an hi> house, being ignorant of the discovery that had taken place. Being informed also that a quantity of arms had been provided by Cethegus for the purpose of the conspiracy, he orders Caius Sulpicius, one of the prartors, to search his house, and he did so, and found a great number of swords and daggers ready cleaned and fit for use. Hi then proceeds to meet the Senate in the Temple of Concor-1 the ambassadors and conspirators in custody. He relates the whole affair to them, and introduces Vulturcius to be examined before them. Cicero, by the order of the Senate, promises him pardon and reward if he reveals what he knew. On which he confesses everything; tells them that he had letters from Lentulus to Catiline to urge him to avail himself of the assistance of the slaves, and to lead his army with all expedition against Rome; in order, when the city had been set on fire, and the massacre commenced, that he might be able to intercept and destroy those who fled. Then the ambassadors were examined, who declared that they had received letters to the chief men of their nation from Lentulus, Cethe- gus, and Statilius; and that they, and Lucius Cassius also, begged them to send a body of cavalry into Italy, and that Lentulus assured them, from the Sibylline books, that he was the third Cornelius who was destined to reign at Rome. The letters were produced and opened. On the sight of them the conspirators respectively acknowledged them to be theirs, and Lentulus was even so conscience-stricken that he confessed his whole crime. The Senate passed a vote acknowledging the services of Cicero in the most ample terms, and voted that Lentulus should be deposed from his office of praetor, and, with all the other conspirators, committed to safe custody. Cicero, after the Senate adjourned, proceeded to the forum and gave an account to the people of everything which had passed, both in regard to the steps that he had taken to detect the whole conspiracy, and to convict the conspirators; and also of what had taken place in the Senate, and of the votes and resolutions which that body had just passed. While the prisoners were before the Senate he had copies of their examinations and confessions taken down, and dispersed through Italy and all the provinces. This happened on the third of December. THIRD ORATION AGAINST CATILINE YOU see this day, O Romans, the republic, and all your lives, your goods, your fortunes, your wives and chil- dren, this home of most illustrious empire, this most fortunate and beautiful city, by the great love of the immortal gods for you, by my labors and counsels and dangers, snatched from fire and sword, and almost from the very jaws of fate, and preserved and restored to you. And if those days on which we are preserved are not less pleasant to us, or less illustrious, than those on which we are born, because the joy of being saved is certain, the good fortune of being born uncertain, and because we are born without feel- ing it, but we are preserved with great delight; ay, since we have, by our affection and by our good report, raised to the im- mortal gods that Romulus who built this city, he, too, who has preserved this city, built by him, and embellished as you see it, ought to be held in honor by you and your posterity ; for we have extinguished flames which were almost laid under and placed around the temples and shrines, and houses and walls of the whole city; we have turned the edge of swords drawn against the republic, and have turned aside their points from your throats. And since all this has been displayed in the Sen- ate, and made manifest, and detected by me, I will now explain it briefly, that you, O citizens, that are as yet ignorant of it, and are in suspense, may be able to see how great the danger was, how evident and by what means it was detected and arrested. First of all, since Catiline, a few days ago, burst out of the city, when we had left behind the companions of his wickedness, the active leaders of this infamous war, I have continually watched and taken care, O Romans, of the means by which we might be safe amid such great and such carefully concealed treachery. Farther, when I drove Catiline out of the city (for I do not fear the unpopularity of this expression, when that is more to 37 3 8 CICERO be feared that I should be blamed because he has departed alive), but then when 1 wished him to be removed, I thought either that the rest of the band of conspirators would de; with him, or that they who remained would be weak and pov less without him. i I, as I saw that those whom I knew to be inflamed with the greatest madness and wickedness were among us, and had remained at Rome, spent all my nights and days in taking care to know and see what they were doing, and what they were con- triving; that, since what I said would, from the incredible enor- mity of the wickedness, make less impression on your eai>. I might so detect the whole business that you might with all your hearts provide for your safety, when you saw the crime with your own eyes. Therefore, when I found that the ambassa- dors of the Allobroges had been tampered with by Publius Lentulus, for the sake of exciting a Transalpine war and com- motion in Gaul, and that they, on their return to Gaul, had been sent with letters and messages to Catiline on the same road, and that Vulturcius had been added to them as a companion, and that he, too, had had letters given him for Catiline, I thought that an opportunity was given me of contriving what was most difficult, and which I was always wishing the immor- tal gods might grant, that the whole business might be mani- festly detected not by me alone, but by the Senate also, and by you. Therefore, yesterday I summoned Lucius Flaccus and C. Pomtinus, the praetors, brave men and well affected to the re- public. I explained to them the whole matter, and showed them what I wished to have done. But they, full of noble and worthy sentiments toward the republic, without hesitation, and without any delay, undertook the business, and when it was evening, went secretly to the Mulvian bridge, and there so dis- tributed themselves in the nearest villas, that the Tiber and the bridge was between them. And they took to the same place, without anyone having the least suspicion of it, many brave men, and I had sent many picked young men of the prefecture of Reate, whose assistance I constantly employ in the protec- tion of the republic, armed with swords. In the mean time, about the end of the third watch, when the ambassadors of the Allobroges, with a great retinue and Vulturcius with them, THIRD ORATION AGAINST CATILINE 39 began to come upon the Mulvian bridge, an attack is made upon them ; swords are drawn both by them and by our people ; the matter was understood by the praetors alone, but was un- known to the rest. Then, by the intervention of Pomtinus and Flaccus, the fight which had begun was put an end to ; all the letters which were in the hands of the whole company are delivered to the praetors with the seals unbroken ; the men themselves are arrested and brought to me at daybreak. And I immediately summoned that most worthless contriver of all this wickedness, Gabinius, as yet suspecting nothing ; after him, P. Statilius is sent for, and after him Cethegus ; but Lentulus was a long time in coming I suppose, because, contrary to his custom, he had been up a long time the night before, writing letters. But when those most noble and excellent men of the whole city, who, hearing of the matter, came in crowds to me in the morning, thought it best for me to open the letters before I re- lated the matter to the Senate, lest, if nothing were found in them, so great a disturbance might seem to have been caused to the state for nothing, I said I would never so act as shrink from referring matter of public danger to the public council. In truth, if, O Romans, these things which had been reported to me had not been found in them, yet I did not think I ought, in such a crisis of the republic, to be afraid of the imputation of over-diligence. I quickly summoned a full Senate, as you saw; and meantime, without any delay, by the advice of the Allobroges, I sent Caius Sulpicius the praetor, a brave man, to bring whatever arms he could find in the house of Cethegus, whence he did bring a great number of swords and daggers. I introduced Vulturcius without the Gauls. By the com- mand of the Senate, I pledged him the public faith for his safety. I exhorted him fearlessly to tell all he knew. Then, when he had scarcely recovered himself from his great alarm, he said: that he had messages and letters for Catiline, from Publius Lentulus, to avail himself of the guard of the slaves, and to come toward the city with his army as quickly as possi- ble ; and that was to be done with the intention that, when they had set fire to the city on all sides, as it had been arranged and distributed, and had made a great massacre of the citizens, he might be at hand to catch those who fled, and to join himself to 40 CICERO the leaders within the city. But the Gauls being introduced, said that an oath had been administered to them, and letters given them by Publius Lentulus, Cethegus, and Statilius, for their nation; and that they had been enjoined by them, and by 'Lucius Cassius, to send cavalry into Italy as early as possible; that infantry should not be wanting; and that Lentulus had assured him, from the Sibylline oracles and the answers of soothsayers, that he was that third Cornelius to whom the king- dom of sovereignty over this city was fated to come ; that Cinna and Sylla had been before him ; and that he had also said that was the year destined to the destruction of this city and empire, being the tenth year after the acquittal of the virgins, and the twentieth after the burning of the Capitol. But they said there had been this dispute between Cethegus and the rest that Lentulus and others thought it best that the massacre should take place and the city be burned at the Saturnalia, but that Cethegus thought it too long to wait. And, not to detain you, O Romans, we ordered the letters to be brought forward which were said to have been given them by each of the men. First, I showed his seal to Cethegus ; he recognized it : we cut the thread ; we read the letter. It was written with his own hand : that he would do for the Senate and people of the Allobroges what he had promised their am- bassadors : and that he begged them also to do what their am- bassadors had arranged. Then Cethegus, who a little before had made answer about the swords and daggers which had been found in his house, and had said that he had always been fond of fine arms, being stricken down and dejected at the read- ing of his letters, convicted by his own conscience, became sud- denly silent. Statilius, being introduced, owned his handwrit- ing and his seal. His letters were read, of nearly the same tenor ; he confessed it. Then I showed Lentulus his letters, and asked him whether he recognized the seal ? He nodded assent. " But it is," said I, " a well-known seal the likeness of your grand- father, a most illustrious man, who greatly loved his country and his fellow-citizens ; and it, even though silent, ought to have called you back from such wickedness." Letters are read of the same tenor to the Senate and people of the Allobroges. I offered him leave, if he wished to say any- thing of these matters : and at first he declined to speak ; but a THIRD ORATION AGAINST CATILINE 4I little afterward, when the whole examination had been gone through and concluded, he rose. He asked the Gauls what he had had to do with them ? why they had come to his house ? and he asked Vulturcius, too. And when they had answered him briefly and steadily, under whose guidance they had come to him, and how often ; and when they asked him whether he had said nothing to them about the Sibylline oracles ; then he on a sudden, mad with wickedness, showed how great was the power of conscience ; for though he might have denied it, he suddenly, contrary to everyone's expectation, confessed it : so not only did his genius and skill in oratory, for which he was always emi- nent, but even, through the power of his manifest and detected wickedness, that impudence, in which he surpassed all men, and audacity deserted him. But Vulturcius on a sudden ordered the letters to be pro- duced and opened which he said had been given to him for Catiline, by Lentulus. And though Lentulus was greatly agi- tated at that, yet he acknowledged his seal and his handwriting ; but the letter was anonymous, and ran thus: " Who I am you will know from him whom I have sent to you : take care to be- have like a man, and consider to what place you have proceeded, and provide for what is now necessary for you: take care to associate to yourself the assistance of everyone, even of the powerless." Then Gabinius being introduced, when at first he had begun to answer impudently, at last denied nothing of those things which the Gauls alleged against him. And to me, in- deed, O Romans, though the letters, the seals, the handwriting, and the confession of each individual seemed most certain indi- cations and proofs of wickedness, yet their color, their eyes, their countenance, their silence, appeared more certain still ; for they stood so stupefied, they kept their eyes so fixed on the ground, at times looking stealthily at one another, that they appeared now not so much to be informed against by others as to be informing against themselves. Having produced and divulged these proofs, O Romans, I consulted the Senate what ought to be done for the interests of the republic. Vigorous and fearless opinions were delivered by the chief men, which the Senate adopted without any vari- ety ; and since the decree of the Senate is not yet written out, I will relate to you from memory, O citizens, what the Senate has 4 a CICERO decreed. First of all, a vote of thanks to me is passed in the most honorable words, because the republic has been delivered from the greatest dangers by my valor, and wisdom, and pru- dence. Then Liu ins Flaccus and Caius Pomtinus, the prae- tors, are deservedly and rightly praised, because I had availed myself of their brave and loyal assistance. And also, praise is given to that brave man, my colleague, because he had removed from his counsels, and from the counsels of the republic, those who had been accomplices in this conspiracy. And they voted that Publius Lentulus, when he had abdicated the praetorship, should be given into custody ; and also, that Caius Cethegus, Lucius Statilius, Publius Gabinius, who were all present, should be given into custody ; and the same decree was passed against Lucius Cassius, who had begged for himself the office of burn- ing the city; against Marcus Caparius, to whom it had been proved that Apulia had been allotted for the purpose of exciting disaffection among the shepherds ; against Publius Furius, who belongs to the colonies which Lucius Sylla led to Faesulae; against Quintus Manlius Chilo, who was always associated with this man Furius in his tampering with the Allobroges ; against Publius Umbrenus, a freedman, by whom it was proved that the Gauls were originally brought to Gabinius. And the Senate, O citizens, acted with such lenity, that, out of so great a conspiracy, and such a number and multitude of do- mestic enemies, it thought that since the republic was saved, the minds of the rest might be restored to a healthy state by the punishment of nine most abandoned men. And also a suppli- cation l was decreed in my name (which is the first time since the building of the city that such an honor has ever been paid to a man in a civil capacity), to the immortal gods, for their singular kindness. And it was decreed in these words, " be- cause I had delivered the city from conflagration, the citizens from massacre, and Italy from war." And if this supplication be compared with others. O citizens, there is this difference be- tween them that all others have been appointed because of the A supplication was a solemn thanks- d_ars which it was to last was proper- Riving to the gods, decreed bv the Sen- tioned to the importance of the victonr. ate. when all the temple* were opened It was generally regarded as a prelude and the statue* of the trod* placed in to a triumph. Of course, from what hat public upon couche* (pulvinaria), to been said, it must have been usually which the people offered up their confined to generals; who laid aside the thanksgivings anH pravrrs. It was uu- toira on leaving the city to assume the a'ly decreed on the intelligence arrivine command of the armv. and assumed the of any great victory, and the number of paludamentum, or military robe. THIRD ORATION AGAINST CATILINE 43 successes of the republic; this one alone for its preservation. And that which was the first thing to be done, has been done and executed ; for Publius Lentulus, though, being convicted by proofs and by his own confession, by the judgment of the Senate he had lost not only the rights of a praetor, but also those of a citizen, still resigned his office ; so that, though Caius Marcius, that most illustrious of men, had no scruples about putting to death Caius Glaucius the praetor, against whom nothing had been decreed by name, still we are relieved from that scruple in the case of Publius Lentulus, who is now a private individual. Now, since, O citizens, you have the nefarious leaders of this most wicked and dangerous war taken prisoners and in your grasp, you ought to think that all the resources of Catiline all his hopes and all his power, now that these dangers of the city are warded off, have fallen to pieces. And, indeed, when I drove him from the city, I foresaw in my mind, O citizens, that if Catiline were removed, I had no cause to fear either the drow- siness of Publius Lentulus, or the fat of Lucius Cassius, or the mad rashness of Cassius Cethegus. He alone was to be feared of all these men, and that only as long as he was within the walls of the city. He knew everything, he had access to every- body. He had the skill and the audacity to address, to tempt, and to tamper with everyone. He had acuteness suited to crime ; and neither tongue nor hand ever failed to support that acuteness. Already he had men he could rely on, chosen and distributed for the execution of all other business ; and when he had ordered anything to be done, he did not think it was done on that account. There was nothing to which he did not per- sonally attend and see to for which he did not watch and toil. He was able to endure cold, thirst, and hunger. Unless I had driven this man, so active, so ready, so auda- cious, so crafty, so vigilant in wickedness, so industrious in crim- inal exploits, from his plots within the city to the open warfare of the camp (I will express my honest opinion, O citizens), I should not easily have removed from your necks so vast a weight of evil. He would not have determined on the Satur- nalia 2 to massacre you he would not have announced the de- struction of the republic, and even the day of its doom so long 1 The Saturnalia was a feast of Saturn it took place at the end of December, at which extraordinary license and in- while this speech of Cicero was deliv- dulgence were allowed to all the slaves; ered early in November. M CICERO beforehand he would never have allowed his >eal and hi^ ters, the undeniable witnesses of his guilt. i> B, which now, since he is absent, has been so done that no larceny in a private house has ever been so thoroughly and clearly detected as this vast conspiracy against the republic. But if Catiline had remained in the city to this day, although, as long as he was so, I met all his designs and withstood them say the least, we should have had to tight with him, and should m while he remained an enemy in the city, have delivered the re- public from such dangers, with such ease, such tranquillity, and such silence. Although all these things, O Romans, have been so managed by me, that they appear to have been done and provided for by the order and design of the immortal gods ; and as we may con- jecture this because the direction of such weighty affairs scarcely appears capable of having been carried out by human wisdom ; so, too, they have at this time so brought us present aid and assistance, that we could almost behold them without eyes. For to say nothing of those things, namely, the fire- brands seen in the west in the night-time, and the heat of the atmosphere to pass over the falling of thunder-bolts and the earthquakes to say nothing of all the other portents which have taken place in such numbers during my consulship, that the immortal gods themselves have been seeming to predict what is now taking place ; yet, at all events, this which I am about to mention, O Romans, must be neither passed over nor omitted. For you recollect, I suppose, when Cotta and Torquatus were consuls, that many towers in the Capitol were struck with light- ning, when both the images of the immortal gods were moved, and the statues of many ancient men were thrown down, and the brazen tablets on which the laws were written were melted. Even Romulus, who built this city, was struck, which, you recollect, stood in the Capitol, a gilt statue, little and sucking, and clinging to the teats of the wolf. And when at this time the soothsayers were assembled out of all Etruria, they said that slaughter, and conflagration, and the overthrow of the laws, and civil and domestic war, and the fall of the whole city and empire was at hand, unless the immortal gods, being appeased in every possible manner, by their own power turned aside, as I may say, the very fates themselves. THIRD ORATION AGAINST CATILINE 45 Therefore, according to their answers, games were celebrated for ten days, nor was anything omitted which might tend to the appeasing of the gods. And they enjoined also that we should make a greater statue of Jupiter, and place it in a lofty situation, and (contrary to what had been done before) turn it toward the east. And they said that they hoped that if that statue which you now beljold looked upon the rising of the sun, and the forum, and the senate-house, then those designs which were secretly formed against the safety of the city and empire would be brought to light, so as to be able to be thoroughly seen by the Senate and by the Roman people. And the consuls ordered it to be so placed ; but so great was the delay in the work, that it was never set up by the former consuls, nor by us before this day. Here who, O Romans, can there be so obstinate against the truth, so headstrong, so void of sense, as to deny that all these things which we see, and especially this city, is governed by the divine authority and power of the immortal gods ? Forsooth, when this answer had been given that massacre, and confla- gration, and ruin was prepared for the republic ; and that, too, by profligate citizens, which, from the enormity of the wicked- ness, appeared incredible to some people, you found that it had not only been planned by wicked citizens, but had even been undertaken and commenced. And is not this fact so present that it appears to have taken place by the express will of the good and mighty Jupiter, that, when this day, early in the morn- ing, both the conspirators and their accusers were being led by my command through the forum to the Temple of Concord, at that very time the statue was being erected ? And when it was set up, and turned toward you and toward the Senate, the Sen- ate and you yourselves saw everything which had been planned against the universal safety brought to light and made mani- fest. And on this account they deserve even greater hatred and greater punishment, for having attempted to apply their fatal and wicked fire, not only to your houses and homes, but even to the shrines and temples of the gods. And if I were to say that it was I who resisted them, I should take too much to my- self, and ought not to be borne. He he, Jupiter, resisted them. He determined that the Capitol should be safe, he saved 46 CICERO these temples, he saved this city, he saved all of you. It is under the guidance of the immortal gods, O Romans, that 1 have cherished tin- intention and desire* which I have, and have ar- rived at such undeniable proofs. Surely, that tampering with the Allobroges would never have taken place, so important a matter would never have been so madly intrusted, by Lentulus and the rest of our internal enemies, to strangers and foreigners, such letters would never have been written, unless all prudence had been taken by the immortal gods from such terrible audac- ity. What shall I say ? That Gauls, men from a state scarcely at peace with us, the only nation existing which seems both to be able to make war on the Roman people, and not to be un- willing to do so that they should disregard the hope of empire and of the greatest success voluntarily offered to them by patri- cians, and should prefer your safety to their own power do you not think that that was caused by divine interposition? espe- cially when they could have destroyed us, not by fighting, but by keeping silence. Wherefore, O citizens, since a supplication has been decreed at all the altars, celebrate those days with your wives and chil- dren ; for many just and deserved honors have been often paid to the immortal gods, but juster ones never. For you have been snatched from a most cruel and miserable destruction, and you have been snatched from it without. slaughter, without bloodshed, without an army, without a battle. You have con- quered in the garb of peace, with me in the garb of peace for your only general and commander. Remember, O citizens, all civil dissensions, and not only those which you have heard of, but those also which you your- selves remember and have seen. Lucius Sylla crushed Publius Sulpicius ; 3 he drove from the city Caius Marius, the guardian of this city ; and of many other brave men some he drove from the city, and some he murdered. Cnaeus Octavius the consul drove his colleague by force of arms out of the city ; all this place was crowded with heaps of carcasses and flowed with the Sulpicius procured a law to be passed of Marius, who returned to Rome, for taking the command against Mithri- Lepidus and Catulus were consuls the dates from Sylla and giving it to Mariu*; year after the death of Sylla. and they Sylla came to Rome with his army and quarrelled because Lepidus wished to slew Sulpicius, when Marius fled to rescind all the acts of Sylla. Lepidus Africa. Sylla made Octavius and Cinna was defeated, fled to Sardinia, and died consuls, who quarrelled after he was there, gone, and Cinna went over to the party THIRD ORATION AGAINST CATILINE 47 blood of citizens ; afterward Cinna and Marius got the upper hand ; and then most illustrious men were put to death, and the lights of the state were extinguished. Afterward Sylla avenged the cruelty of this victory; it is needless to say with what a diminution of the citizens, and with what disasters to the repub- lic. Marcus Lepidus disagreed with that most eminent and brave man Quintus Catulus. His death did not cause as much grief to the republic as that of the others. And these dissensions, O Romans, were such as concerned not the destruction of the republic, but only a change in the con- stitution. They did not wish that there should be no republic, but that they themselves should be the chief men in that which existed ; nor did they desire that the city should be burned, but that they themselves should flourish in it. And yet all those dissensions, none of which aimed at the destruction of the re- public, were such that they were to be terminated not by a reconciliation and concord, but only by internecine war among the citizens. But in this war alone, the greatest and most cruel in the memory of man a war such as even the countries of the barbarians have never waged with their own tribes a war in which this law was laid down by Lentulus, and Catiline, and Cassius, and Cethegus, that everyone, who could live in safety as long as the city remained in safety, should be considered as an enemy in this war I have so managed matters, O Romans, that you should all be preserved in safety ; and though your ene- mies had thought that only such a number of the citizens would be left as had held out against an interminable massacre, and only so much of the city as the flames could not devour, I have preserved both the city and the citizens unhurt and undimin- ished. And for these exploits, important as they are, O Romans, I ask from you no reward of virtue, no badge of honor, no monu- ment of my glory, beyond the everlasting recollection of this day. In your minds I wish all my triumphs, all my decorations of honor, the monuments of my glory, the badges of my re-, nown, to be stored and laid up. Nothing voiceless can delight me, nothing silent nothing, in short, such as even those who are less worthy can obtain. In your memory, O Romans, my name shall be cherished, in your discourses it shall grow, in the monuments of your letters it shall grow old and strengthen; 48 CICERO '1 that the same lay which I hope will be for everlasting, will l>e remembered forever, so as t<> tni'l l>oth to tin- .ml tlu- recollection of my consulship ; and that it will IK- remembered that tl > the destruction of the republic, why should not I rejoice that my consulship has taken place almost by the express appointment of fate for the preservation of the republic? Wherefore, O conscript fathers, consult the welfare of j . es, provide for that of the republic; preserve yourselves, your wives, your children, and your fortun nd the name and safety of the Roman people ; cease to spare me. and to think of me. For, in the ti .1 onjjht to hope that all the gods who preside over this city will show me gratitude in propori as I deserve it ; and in the second place, if anything does happen to me, I shall fall with a contented and prepared mind ; and, in- deed, death cannot be disgraceful to a brave man, nor prema- ture to one of consular rank, nor miserable to a wise man. Not that I am a man of so iron a disposition as not to be moved by the grief of a most dear and affectionate brother now present, and by the tears of all these men by whom you now see me sur- rounded. Nor does my fainting wife, my daughter prostrate with fear, and my little son whom the republic seems to me to embrace as a sort of hostage for my consulship, the son-in-law who, awaiting the end of that day, is now standing in my sight, fail often to recall my mind to my home. I am moved by all these circumstances, but in such a direction as to wish that they all may be safe together with you, even if some violence over- whelms me, rather than that both they and we should perish together with the republic. Wherefore, O conscript fathers, attend to the safety of the republic ; look around upon all the storms which are impending, unless you guard against them. It is not Tiberius Gracchus, who wished to be made a second time a tribune of the people ; it is not Caius Gracchus, who endeavored to excite the parti- sans of the agrarian law ; it is not Lucius Saturninus, who slew Memmius, who is now in some danger, who is now brought before the tribunal of your severity. They are now in your hands who withstood all Rome, with the object of bringing conflagration on the whole city, massacre on all of you, and .f receiving Catiline; their letters are in your possession, their seals, their handwriting, and the confession of each individual FOURTH ORATION AGAINST CATILINE 57 of them ; the Allobroges are tampered with, the slaves are ex- cited, Catiline is sent for ; the design is actually begun to be put in execution, that all should be put to death, so that no one should be left even to mourn the name of the republic, and to lament over the downfall of so mighty a dominion. All these things the witnesses have informed you of, the pris- oners have confessed, you by many judgments have already decided ; first, because you have thanked me in unprecedented language, and have passed a vote that the conspiracy of aban- doned men has been laid open by my virtue and diligence ; secondly, because you have compelled Publius Lentulus to ab- dicate the prsetorship ; again, because you have voted that he and the others about whom you have decided should be given into custody ; and, above all, because you have decreed a sup- plication in my name, an honor which has never been paid to anyone before acting in a civil capacity ; last of all, because yes- terday you gave most ample rewards to the ambassadors of the Allobroges and to Titus Vulturcius ; all which acts are such that they, who have been given into custody by name, without any doubt seem already condemned by you. But I have determined to refer the business to you as a fresh matter, O conscript fathers, both as to the fact, what you think of it, and as to the punishment, what you vote. I will state what it behooves the consul to state. I have seen for a long time great madness existing in the republic, and new designs being formed, and evil passions being stirred up, but I never thought that so great, so destructive a conspiracy as this was being med- itated by citizens. Now to whatever point your minds and opinions incline, you must decide before night. You see how great a crime has been made known to you ; if you think that but few are implicated in it you are greatly mistaken ; this evil has spread wider than you think; it has spread not only throughout Italy, but it 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 tempor- izing with it ; however you determine on chastising it, you must act with promptitude. 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 5 8 CICERO of Caius Caesar, who objects to the punishment of death, but adopts tlu- most extreme severity of all otlur 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 de- prive 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 remembers 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 nun have never met it unwillingly, brave men have often encoun- tered it even voluntarily. But imprisonment, and that too per- petual was certainly invented for the extraordinary punishment 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 decide on for the sake of the universal safety. He imposes besides a se- vere punishment of the burgesses of the municipal town if any of the prisoners escape; he surrounds them with the most terrible guard, and with everything 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 con- fiscated ; he leaves life alone to these infamous 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. Xow, O conscript fathers, I see what is my interest; if you FOURTH ORATION AGAINST CATILINE 59 follow the opinion of Caius Caesar (since he has adopted this path in the republic which is accounted the popular one), per- haps since he is the author and promoter of this opinion, the popular violence will be less to be dreaded by me ; if you adopt the other opinion, I know not whether I am not likely to have more trouble; but still let the advantage of the republic out- weigh the consideration of my danger. For we have from Caius Caesar, as his own dignity and as the illustrious 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 demagogues, and a dispo- sition really attached to the interests of the people. I see that of those men who wish to be considered 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 wit- nesses only yesterday. It is not now doubtful to anyone what he, who voted for the imprisonment of the criminals, congratu- lation 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 Caesar considers that the Sempronian 2 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 bitter plans about the destruction of the Roman 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 Publius Lentulus to eternal darkness and imprisonment, 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 be added to all the torments of mind and body. 2 The Sempronian law was proposed oration Pro Rabir. c. 4. where Cicero by Caius Gracchus, B.C. 123, and en- says. " Caius Gracchus passed a law that acted that the people only should decide no decision should be come to about the respecting the life or civil condition of life of a Roman citizen without your a citizen. It is alluded to also in the command," speaking to the Quirites. 60 CICERO Wherefore, if you decide on this you give me a companion in my address, dear and acceptable to the Roman people ; or if you prefer to adopt the opinion of S <>u will easily defend me and yourselves from the reproach of cruelty, and 1 will ; vail that it shall be much lighter. Although, O conscript fathers, what cruelty can there be in cha he enormity of such excessive wickedness ? For I decide from my own i ing. For so may I be allowed to enjoy the republic in sa: in your company, as I am not moved to be somewhat vehement in this cause by any severity of disposition (for who is more merciful than I am?), but rather by a singular humanity anl mercifulness. For I seem to myself to sec this city, the light of the world, and the citadel of all nations, 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 Len- tulus reigning, as he himself confesses that he had hoped was his destiny, and this Gabinius arrayed in the purple, and Cati- line arrived with his army, then I shudder 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 ex- ceedingly miserable and pitiable, therefore I show myself severe and rigorous to those who have wished to bring about this state of things. I ask. forsooth, if any father of a family, sup- posing 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 torture of the criminal. And so we, in the case of these men who desired to murder us, and our wives, and our children who endeavored to destroy the houses of every indi- vidual among us, and also the republic, the home of all who designed 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 be lax. we must endure the character of the greatest cruelty, to the damage of our country and our fellow-citizens. FOURTH ORATION AGAINST CATILINE 61 Unless, indeed, Lucius 3 Caesar, a thoroughly brave man, and of the best disposition toward the republic, seemed to anyone 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 con- sul, and his youthful son, sent as an ambassador 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 repub- lic, and there was tne greatest strike between parties. And, at that time, the grandfather of this Lentulus, a most illustrious man, put on his armor and pursued Gracchus ; 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 Catiline, he distributed us to Cethegus to be massacred, and the rest of the citizens to Gabinius to be assassinated, the city he allotted to Cassius to burn, and the plundering and devastating of all Italy he as- signed to Catiline. You fear, I think, lest in the case of such unheard-of and abominable wickedness you should seem to de- cide anything 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. But, O conscript fathers, I cannot conceal what I 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 ex- ecution 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 people 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 ap- * The brother-in-law of Lucius Caesar his surrender, whom Opimius sent back was Marcus Fulvius, whose death, at the first time, and forbade to return to the command of Opimius the consul, is him; when he did return, he put him referred to in the zd cap. ist Cat. He to death, sent his son to the consul to treat for 6x CICERO preaches to this place and to this temple are full. For this is the t>nl\ cause that has ever been known since the first founda- tion of the city, in which all men were of one and the same oj ion except those, who, as they saw they must be ruined, pre- ferred 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 num- ber of worthless citizens, but in that of the most bitter enen; But, as for the rest ; O ye immortal gods ! in what crowds, with what zeal, with what virtue do they agree in 1 defence of the com- mon 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 tribunes of the treasury excellent men have united with similar zeal in defence of the republic, and all the notaries. 4 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, this light and this soil of his, common to us all, is not both dear and pleasant and delightful? It is worth while, O conscript fathers, to know the inclina- tions of the freedmen ; who, having by their good fortune 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 country, but a city of enemies. But why should I speak of men of this body whom their private fortunes, whom their common republic, * The notaries at Rome were in the tain the office of scriba by purchase (see pay of the state; they were chiefly em- Cic. in Verr. ii. 79), ana freedmen and ployed in making up the public ac- their sons frequently availed themselves counts. In the time of Cicero it seems of this privilege, to have been lawful for anyone to ob- FOURTH ORATION AGAINST CATILINE 63 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 common safety. Wherefore, if this consideration moves anyone, 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 at- tempted and begun, but none have 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 of 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 inter- course of the citizens, and is wholly supported by peace. And if their gains are diminished whenever their shops are shut, what will they be when they 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. 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 com- mon 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 recommends 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 04 CICERO ranks, all in . tin- whole R.nnan people (a thin in civil tran we see this d >. full of one and the same feeling. Think with what j^n-at labor dominion was founded, by what virtue this our liberty was es- tablished, 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 fulfilled the duty which belongs to me as consul. Now, before I return to the decision, I will say a few words concerning myself. As numerous as is the band of conspira- tors and you see that it is very great so numerous a multi- tude of enemies do I see that I have brought upon myself. 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 anyone, 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 ad\ Death, indeed, which they perhaps threaten me with, is pre- pared for all men ; such glory during life as you have honored me with by your decrees no one has ever attained to. For you have passed votes of congratulation to others for having gov- erned 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 de- part from Italy. Let the second Africanus be extolled with conspicuous praise, who destroyed two cities most hostile to this empire, Carthage and Xumantia. Let Lucius Paullus be thought a great man, he whose triumphal car was graced by 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 preferred to them all Pompey, whose exploits and whose virtues are 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 65 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 ene- mies, 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, I am confident can easily be driven back from me and mine by your aid, and by that of all good men, and by the mem- ory 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 Roman knights, and such unanimity as exists among all good men. As, then, this is the case, O conscript fathers, instead of my military command instead of the army instead of the province 5 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 preserve with as much toil as I labor to acquire them in place of all these things, and in reward for my singular zeal 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 deceive and over- power my expectations, I recommend to you my little son, to Cicero, in order to tempt Antonius having accepted that of Cisalpine Gaul to aid him in counteracting the trea- in exchange for it, he gave that also to sonable designs of Catiline, had given Quintus Metellus; being resolved to re- up to him the province of Macedonia. ceive no emojument, directly or indi- which had fallen to his own lot; and rectly, from his consulship. 66 CICERO whom, in truth, it will he protection enough, not only for his safety, hut even for his dignity, if you recollect that he is the son of him who has saved all these things at his own single r Wherefore, O conscript fatlu : :nine with i.m , as you have begun, and boldly, concerning your own and that of the Roman people, and concerning your wives and child i concerning your altars and your hearths, your shrines and tem- ples ; concerning the houses and homes of the whole city ; con- cerning your dominion, your liberty, and the safety of Italy and the whole republic. For you have a consul who will not hesi- tate 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. 8 This speech was spoken, and the criminals executed, on the fifth of De- cember. But Catiline was not vet en- tirely overcome. He had with him in Etruria two legions about twelve thou- sand men; of which, however, not above one-quarter were regularly armed. For some time by marches and counter- marches he eluded Antonius, but when the news reached hi* 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 Cicero with three legions. Antonius is sup- posed not to nave been disinclined to connive at his escape, if he had not been compelled as it were by bis qiuestor Sextus and his lieutenant Petreius to force him to a battle, in which, however. Antonius himself, being ill of the gout, did not take the command, which de- volved 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. ORATION IN DEFENCE OF LUCIUS MURENA 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 earnestly, 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 influ- ence 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 honors for Sulpicius. 68 ORATION IN DEFENCE OF LUCIUS MURENA WHAT I entreated of the immortal gods, O judges, ac- cording to the manners and institutions of our an- cestors, on that day when, after taking the auspices in the comitia centuriata, 1 I declared Lucius Murena to have been elected consul namely, that that fact might turn out gloriously and happily for me and for my office, and for the Roman nation and people that same thing do I now pray for from the same immortal gods, that the consulship may be ob- tained by that same man with safety, and that your inclina- tions and opinions may agree with the wishes and suffrages of the Roman people, 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 powers 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 defended 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 defence 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 1 The comitia centuriata, or, as they city, and in reference to their military were sometimes called, majora, were the organization they were summoned by assembly in which the people gave their the sound of the horn, not by the voice votes according to the classification in- of the lictor. All magistrates were stitutcd by Servius Tullius; they were elected in these comitia. held in the Campus Martius without the 69 ?0 CICERO anything of Lucius Murcna, I will say a few words on behalf of -elf; not because at this time the defence of my duty seems to me more important than that of his safety, but in order that, when what I have done is approved 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. And first of all I will answrr 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 * of the law of bribery and corruption, and who beha 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, O 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 supported by my great labors and dan- gers 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 obligation, surely still more rightly in the trial of a consul elect, that consul who has declared him consul ought most es- pecially to be the first mover of the kindness of the Roman peo- ple, and his defender from danger. And if, as is accustomed to be done in some states, an advo- cate was appointed to this cause by the public, that man would above all others be assigned to one invested with honors as his defender, who having himself enjoyed the same honor, 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 sailing out of harbor, of the character of storms, and pirates, and of places, because * There had been several previous laws ment for ten years; and. among other against bribery and corruption. The restrictions, forbade anyone to exhibit Lex Acilia, passed B.C. 67. imposed a gladiators within two years of his being fine on the offending party, with ex- a candidate, unless he was required to elusion from the Senate, and from all do so on a fixed day by a testator's public offices. The Lex Tullia. passed will, in Cicero's consulship, added banish- ORATION IN DEFENCE OF LUCIUS MURENA 71 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 consul not only to see what is being done, but to foresee what is likely to happen, I will show in an- other 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 defence of the common safety. For as to my having passed a law concerning bribery and cor- ruption, 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 confessed that a largess had been distributed, and were to defend it as having been rightly done, I should be acting wrongly, even if another had passed the law; but when I am saying in defence that noth- ing has been done contrary to law, then what reason is there that my having passed the law should be an obstacle to my un- dertaking the defence? 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 behalf of Lucius Murena. 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 rigor; 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 public 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 habits? and concerning my duty of defend- ing, 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 7 a CICERO wise and accomplish^! man, moved me no less than the a> sation of Cato; for he said that he was exceedingly and most bitterly vexed that 1 had forgotten my friendship and intimacy with him, and was defending the cause of Lucius Murcna against him. I wish, O judges, to satisfy him, and to make you arbitrators between us. For as it i> a sad tiling to be ac-. .1 with truth in a case of friendship, so, even if you be falsely accused, it is not to be neglected. I, O Servius Sulpicius, both allow that according to my intimacy with you I did owe you all my zeal and activity to assist you in your canvass, 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 con- sul. 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 fol- low, because I stood by you when you were a candidate for the consulship, that on that account I ought now to be an assistant to you in the same 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 strang- ers to us when our friends accuse them. 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 Sefvius 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 obtained, 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 honors paid him by the Roman 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 anyone, 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. ORATION IN DEFENCE OF LUCIUS MURENA 73 If, indeed, I may rest from my labors if you advise me that I can do so if no reproach of indolence, none of unworthy arro- gance, none of inhumanity is incurred by so doing, in good truth I will willingly rest. But if flying from toil convicts me of lazi- ness if rejection of suppliants convicts 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 Servius, 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 right that our small streams should be closed even against our friends. Forsooth, if my intimacy with you had prevented my appear- ing in this cause, and if the same thing had happened to Quintus Hortensius and Marcus Crassus, most honorable men, and to others also by whom I know that your affection is greatly es- teemed, the consul elect would have had no defender in that city in which our ancestors intended that even the lowest of the peo- ple 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 friendship 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 danger. I understand, O judges, that this whole accusation is divided into three parts ; and that one of them refers to finding fault with Murena's habits of life, another to his contest for the dignity, and a third to charges of bribery and corruption. And of these three divisions, that first, which ought to have been the weighti- est of all, was so weak and trifling, that it was rather some gen- eral rule of accusing, than any real occasion for finding fault, which prompted them to say anything about the way of life of Lucius Murena. For Asia has been mentioned as a reproach 74 CICERO 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 \\hen general, he would have seemed either to have been afraid of the enemy, or of the command of his father, or else to have been repudiated by his father. Shall we say that, when all the sons who wear the praetexta' 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 ex- ploits which they had performed in common? But this man, O judges, both was in Asia and was a great as- sistance to that bravest of men, his own father, in his dangers, a comfort to him in his labors, a source of congratulation to him in his victory. And if Asia does carry with it a suspicion of luxury, surely it is a praiseworthy thing, not never to have seen Asia, but to have lived temperately in Asia. So that the name of Asia should not have been objected to Lucius Murena, a country whence renown was derived 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 Roman 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. Cato calls Lucius Murena a dancer. If this be imputed to him truly, it is the reproach of a violent accuser; but if fal- it is the abuse of a scurrilous railer. Wherefore, 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 Roman people a dancer; but to consider with what other vices besides that man must be tainted to whom that can with truth be im- puted. For no man, one may almost say, ever dances when The toga prxtexta was a robe bor- magistrates, and by freeborn children dcred with purple, worn by the higher till they arrived at the age of manhood ORATION IN DEFENCE OF LUCIUS MURENA 75 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 luxurious situation, and of many refine- ments. 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 cannot exist; no shameless feasting, no improper love, no carousing, no lust, no extravagance is al- leged; 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 cannot 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 foundations of the defence are laid ; for we are not as yet defending this virtuous and upright man with my own panegyric, which I will employ presently, but almost by the confession of his adversaries. And now that this is settled, the approach to the contest for this dignity, which was the second part of the accusation, is more easy to me. I see that there is in you, O Servius Sulpicius, the greatest dignity of birth, of integrity, of industry, 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 Lucius 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, unless he be a patrician, you will compel the common people again to secede to the Aventine Hill. 4 But if there are honorable and considerable families among the plebeians both the great-grandfather of Lucius Murena, and his grandfather, were praetors; and his father, when he had tri- umphed most splendidly and honorably for exploits performed in his praetorship, left the steps towards the acquisition of the * This refers to the time of Appius were joined by great part of the plebs. the decemvir, when the soldiers, at the demanding the abolition of the dccem- call of Virginius, after the death of virate. Virginia, occupied the Aventine, and 7 6 CICERO 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. : your father was in the rank of the knights, your grandfather was renowned for no conspicuous action. So that the recollection of your nobility is to be extracted not from the modern conversa- tion of men, but from the antiquity of annals. So that I also am accustomed to class you in our number, because you by your own virtue and industry, though you are the son of a Roman knight, have yet earned the being considered worthy of the very highest advancement. Nor did it ever seem to me that there was less virtue in Ouintus Pompeius, a new man and a most br man, than in that most high-born man, Marcus ^milius. In- deed, it is a proof of the same spirit and genius, to hand down to his posterity, as Pompeius did, an honorable name, which he had not received from his ancestors ; and, as Scaurus did, to re- new the recollection of his family which was almost extinct. 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 neglected, 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 Coelii. But when I, after so great an interval, had broken down those bar- riers of nobility, so that entrance to the consulship should here- after 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 anything about newness of family. In truth, it hap- pened to me myself to stand against two patricians, one a most worthless and audacious man, the other a most modest and vir- tuous one; yet I surpassed Catiline in worth, Galba in popu- larity. 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 anything about birth, the dignity of which is great in both the candidates ; let us look at ORATION IN DEFENCE OF LUCIUS MURENA 77 the other points. He stood for the quaestorship at the same time with me, and I was appointed first. We need not answer every point; for it cannot 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 dignity 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 quaestorship of each was 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 quaestor- ship. For the drawing of the lots gave you no field on which your virtue could display itself and make itself known. The remaining space of time is dedicated to the contest. It was employed by each in a very dissimilar fashion. Servius adopted the civil service, full of anxiety and annoyance, of an- swering, writing, cautioning; he learned the civil law; he worked e.arly and late, Ire toiled, he was visible to everyone, 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 nu- merous 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 impor- tant war he so behaved himself that he performed many glori- ous exploits without the commander-in-chief ; but the com- mander-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 despatches ; in which Lucius Lucullus gives him such praise as no ambitious nor envious ;8 CICERO commander-in-chief could have given another while divic with him the credit of his e.\i>! There is in each of the rivals the greatest honesty, the greatest worth; which 1. 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 requiring dili- gence and all this daily labor. " I lave 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 dignity 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, exceed- ingly 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, hut yet a regret at our absence would have been no injury to either of us. 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 acquisi- tion 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 be- times 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 marshalling 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 re- pel the troops of the enemy, you to keep out the rain; he is practised in extending the boundaries of the empire, you in gov- erning the present territories; and in short, for I must say what I think, pre-eminence in military skill excels all other virtues. 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 submit to our do- minion ; 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 ORATION IN DEFENCE OF LUCIUS MURENA 79 first suspicion of disturbance is heard of, in a moment our arts have not a word to say for themselves. 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, what- ever it may be, which you have so thoroughly learned, anything very pre-eminent. For your other virtues of continence, of gravity, of justice, of good faith, and all other good qualities, I have always considered you very worthy of the consulship 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 concilitate for us the good-will of the Roman people ought to possess both an admirable dignity, and a very delightful utility. The highest dignity is in those men who excel in military glory. For all things which are in the empire and in the con- stitution of the state, are supposed to be defended and strength- ened by them. There is also the greatest usefulness in them, since it is by their wisdom and their danger that we can enjoy both the republic and also our own private possessions. The power of eloquence also is no doubt valuable and full of dignity, and it has often been of influence in the election 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 firmest 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. Secondly, 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 ordi- 8o CICERO narily had no records; those were possessed of great power who were consulted, so that c\ for consultation were begged of them beforehand, as from the Chaldean astrologers. A cer- tain notary was found, by name Cnarus Mavius, who could de- ceive ' 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 di- vulged and understood, people would be able to proceed by law without their assistance, adopted a sort of cipher, in order to make their presence necessary in every cause. 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? " That farm, I say, is mine according to the rights of Roman citizens." What then? "and 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 praetor, 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. Everything 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 neces- * The Latin strictly is, " pierce the eyes of ravens." It was a proverbial expression. ORATION IN DEFENCE OF LUCIUS MURENA 81 sarily 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 to 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 understanding, 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 sacri- fices to be abolished in families; by the ingenuity of the others old men were found to marry by the form called coemptio, for the sake of getting rid of these sacred ceremonies. Lastly, in every part of the civil law they neglected equity itself, but ad- hered to the letter of the law ; as for instance, because in some- body'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 marvellous to me, that so many men of such ability should now for so many years have been unable to decide whether the proper expressions to use be the day after to-morrow or the third day, a judge or an arbiter, a cause or a proceeding. Therefore, as I said before, the dignity of a consul has never been consistent with that science; being one consisting wholly of fictitious and imaginary formulas. And its right to public gratitude was even much smaller. For that which is open to everyone, and which is equally accessible to me and to my ad- versary, cannot 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 consult 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 anyone any right to be considered skilful in law, because there cannot be any differ- ence between men in a branch of knowledge with which they _ Coemptio was "a ceremony *of mar- "Coemptio was effected by mancipatio, riage consisting in a mock sale, where- and consequently the wife was in man- by the bride and bridegroom sold them- cipio." Smith, Dictionary of Antiqui- selves to each other." Riddle in voce. ties, p. 603, sec. v., v. Marriage (Roman). 8* CICERO all acquainted. And a matter is n<>t tlx.n-ht the more diffi- cult for being contained in a very small number of very intel- ligible documents. Therefore, if you excite my anger, though I am excessively busy, in three days I will profess myself a lawyer. In truth, all that need be said about the written law is contained in written books; nor is there anything written with such precise accuracy, that I cannot 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 Serv 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 at first; but afterward, being unable to attain emi- nence in this profession, they have descended to the other. Just as men say, when talking of Greek practitioners, that those men are flute-players who cannot 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 de- cisions are constantly overturned by eloquence, and cannot be made firm except by the advocacy of the orator; in which if I had made any great proficiency myself, I should be more spar- ing 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 oratory. There are two occupations which can place men in the highest rank of dignity; one, that of a general, the other, that of an ac- complished orator. For by the latter the ornaments of peace are preserved, by the former the dangers of war are repelled. But the other virtues are of great importance from their own in- trinsic excellence, such as justice, good faith, modesty, temper- ance; and in these, O Servius, all men know that you are very eminent. But at present I am speaking of those pursuits calcu- ORATION IN DEFENCE OF LUCIUS MURENA 83 lated to aid men in the attainment of honors, and not about the intrinsic excellency of each pursuit. 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 mo- ment there is a mention of battle, " away is driven " not only your grandiloquent pretences to prudence, but even that mis- tress of all things, " wisdom. Everything 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 forum 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 we are making too much of all these things in our speech; and that we have for- gotten that that Mithridatic War was carried on against nothing better than women. However, my opinion 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 Curi- us over King Pyrrhus be derided; and that of Titus Flamininus over Philip ; and that of Marcus Fulvius over the ^Etolians ; 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 de- spised by you ? But, from our records of ancient deeds, I see that the Roman people carried on a most important war 'with Antiochus; the conqueror in which war, Lucius Scipio, who had already gained great glory when acting in conjunction with his brother Publius, assumed the same honor himself by taking a surname from Asia, as his brother did, who, having subdued Africa, paraded his conquest by the assumption of the name of Africanus. And in that war the renown of your ancestor Mar- 8 4 CICERO cus 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 Publius . \iricanus to go as lieutenant to his brother, when he himself, a little while before, having forced Hannibal out of Italy, having driven him out of At': and having crushed the power of Carthage, had delivered the republic from the greatest dangers, if that war had not been considered an important and formidable war. But if you diligently consider what the power of Mithridates was, and what his exploits were, and what sort of a man he 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 Mu- rena, my client's father, after having warred against him with the greatest vigor and vigilance, left greatly checked indeed, but not overwhelmed : a king, who having taken several years to perfect his system and to strengthen his warlike resources, became so powerful and enterprising 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 Mithri- dates, and the other protecting Bithynia, the disasters which be- fell one of them by land and sea greatly increased the power and reputation of the king. But the exploits of Lucius Lucul- lus were such that it is impossible to mention any war which was more important, or in which greater abilities and valor were displayed. For when the violence of the entire war had broken against the walls of Cyzicus, and as Mithridates thought that he should find that the city the door of Asia, and that, if that were once broken down and forced, the whole province would be open to him, everything 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 naval battle at Tenedos, when the enemy's fleet were hastening on with ORATION IN DEFENCE OF LUCIUS MURENA 85 rapid course and under most eager admirals toward Italy, full of hope and courage, was a trifling engagement an insignifi- cant 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. And if it were my business now to speak of the achievements of our army and of our general, I might mention many most important battles. But that is not the present 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 undertaken 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 Pompeius ; though of all his battles, numberless as they are, that appears to me to have been the most desperate and to have been maintained on both sides with the greatest vigor, which he 'fought against the king. And when Mithridates had escaped from that battle, and had fled to the Bosporus, 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 everything 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 gen- erals warred against him for so many years, with so long a series of battles ? when, though driven out and expelled from his king- dom, 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? We then say in defence 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. 86 CICERO " But in the standing f< r the praetorship, Servius was elected first." Arc 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 anyone, 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 everything into con- fusion. The slightest breeze of rumor sometimes changes the entire opinions of people. Often, even, everything 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. Nothing is more uncertain than the common people nothing more obscure than men's wishes nothing more treacherous than the whole nature of the comitia. Who expected that Lucius Philippus, a man of the greatest abili 1 and industry, and popularity, and nobleness of birth, could be beaten by a Marcus Herennius? Who dreamed of Quintus Catulus, a man eminent for all the politer virtues, for wisdom and for integrity, being beaten by Cnaeus Mallius? 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 anyone 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 unexpectedly from no imaginable reason, but from some unin- telligible 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 appears to have been raised by chance. But yet, if an account of them must be given, two qualities were particularly missed in the praetorship, the existence 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 ORATION IN DEFENCE OF LUCIUS MURENA 87 men who had been witnesses of all his liberality 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 Mu- rena, 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 sup- ports 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 connections, 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 influen- tial, then, is such a speech as this : " He refreshed me when I was wounded. He gave me a share of the plunder. He was the general when we took that camp when we fought that bat- tle. 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 7 tribe has always proved true, what wonder is there that in such a meeting the reputation of good fortune and such discourse as this has had the greatest weight ? But if you think these things trifling, though they are most important ; and if you prefer the votes of these quiet citizens to those of the soldiers ; at all events, you cannot think lightly of the beauty of the games exhibited by this man, and the magnifi- cence 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 suffi- T In the comitia centuriata the people tiva. The question of a tribus pneroga- voted in their centuries; the order in tiva is a more disputed point; but on which the centuries voted was decided this see Smith, Dictionary of Antiqui- by lot, and that which gave its vote ties, p. 997, v, Tribus (Roman), first was called the centuriata praeroga- 88 CICERO t rt-nsnn in this case; for the comitia arc tl ia of the people and the multitude. If. then, the magnificence of games is a pleasure to the people, it i> MM u..n.Kr that it was of great service to Lucius Murena with the people. But if we ourscl u ho, from our constant business, have but little time for amusc- nu-nt. atul who are able to derive many pleasures of another sort f n >m our business itself, are still pleased and interested by ex- hibitions of games, why should you marvel at the ignorant mul- titude being so? Lucius Otho, 8 a brave man, and an intimate 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 amusements. Games, then, believe me, are a great delight to men, even to those who are ashamed to own it, and not to those only who confess it, as I found to be the case in my contest for the consulship ; for we also had a theatrical representation as our competitor. But if I, who, as aedile, had exhibited those shows of games, was yet influenced by the games exhibited by Antonius, do you not suppose that that very silver stage exhibited by this man, which you laugh at, was a serious rival to you, who, as it happened, had never given any games at all ? But, in truth, let us allow that these advantages are all equal let exertions displayed in the forum be allowed 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 exhibited any at all ; what then ? Do you think that in the praetorship itself there was no difference between your lot and that of my client Murena? His department was that which we and all your friends de- sired 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 Mu- rena was, avoids giving offence by impartiality in his decisions, This refers to the law of Lucius of seats next to those of the senators Roscius Otho (called Roscia Lex by were reserved for the knights. Horace), by which the fourteen rowi ORATION IN DEFENCE OF LUCIUS MURENA 89 and conciliates good-will by his good temper in hearing the cases brought before him. It is a very creditable employment, and very well adapted to gain a man the consulship, 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 ? A disagree- able and odious one. That of inquiry into peculation, preg- nant on the one side with the tears and mourning apparel of the accused, full on the other side of imprisonment 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 gratifi- cations given by Sylla are found fault with. Many brave men indeed, a considerable portion of the city is offended ; dam- ages are assigned with severity. The man who is pleased with the decision soon forgets it ; he who loses his cause is sure to re- member it. Lastly, you would not go to your province. I cannot find fault with that resolution in you, which, both as praetor and consul, I have adopted in my own case. But still Lucius Murena's conduct in his province procured him the affection of many influential men, and a great accession of repu- tation. On his road he held a levy of troops in Umbria. The republic 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 de- spaired of. In the mean time you were living at Rome, ready to help your friends. I confess that but still recollect this, that the inclinations of some friends are often cooled toward those men by whom they see that provinces are despised. And since I have proved, O judges, that in this contest for the consulship Murena had the same claims of worth that Sul- picious had, accompanied with a very different fortune as re- spects 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 hearing 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 consul- 90 CICERO ship; and, in resprct t<> those- \ u-rs which I saw you ducting and advocating in a brave and magnanimous spirit, 1 .id to you that you appeared to me to be a brave senator rather than a wise candidate. For, in tin- first place, tl and threats of accusations which you were in the habit of em- ploying every day, are rather the part of a fearless man; but they have an unfavorable effect on the opinion of the people as regards a man's hopes of getting anything 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 in- stances, 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 received ? Certainly I mean nothing of the sort. But the times for prose- cuting and for standing for the consulship are different. I con- sider that a candidate for any office, especially for the consul- ship, ought to come down into the forum and into the Campus Martius with great hopes, with great courage, and with great resources. But I do not like a candidate to be looking about for evidence conduct what is a sure forerunner of a repulse. I do not like his being anxious to marshal witnesses rather than voters. I do not fancy threats instead of caresses declama- tion where there should be salutation ; especially as, according to the new fashion now existing, all candidates visit the houses of nearly all the citizens, and from their countenances men form their conjectures as to what spirits and what probabilities of success each candidate has. " Do you see how gloomy that man looks ? how dejected ? He is out of spirits ; he thinks he has no chance ; he has laid down his arms." Then a report gets abroad, " Do you know that he is thinking of a prosecution ? He is seeking for evidence against his competitors ; he is hunt- ing for witnesses. I shall vote for someone else, as he knows that he has no chance." The most intimate friends of such candidates as that are dispirited and disarmed, they abandon all anxiety in the matter they give up a business which is so manifestly hopeless, or else they reserve all their labor and in- fluence to countenance their friend in the trial and prosecution which he is meditating. ORATION IN DEFENCE OF LUCIUS MURENA 91 And, besides all this, the candidate himself cannot devote his whole thoughts, and care, and attention, and diligence to his own election ; for he has also in his mind the thoughts of his prosecution a matter of no small importance, but in truth of the very greatest. For it is a very serious business to be pre- paring measures by which to deprive a man, especially one who is not powerless or without resources, of his rights as a citizen ; one who is defended both by himself and by his friend ay, and perhaps also by strangers. For we all of us naturally hasten to save anyone from danger ; and, if we are not notoriously ene- mies to them, we tender, even to utter strangers, when men- aced by danger affecting their station as citizens, the services and zeal which are, strictly speaking, due only to the causes of our friends. On which account I, who know by experience the troubles attending on standing for office, on defending and accusing prisoners, consider that the truth in respect of each business stands thus that in standing for an office, eagerness is the chief thing ; in defending a man, a regard for one's duty is the principal thing shown ; in accusing a man, the labor is greatest. And therefore I say decidedly that it is quite impos- sible for the same man to do justice properly to the part of an accuser and a candidate for the consulship. Few can play either part well ; no one can do justice to both. Did you, when you turned aside out of the course prescribed for you as a can- didate, and when you had transferred your attention to the task of prosecuting, think that you could fulfil all the requirements of both ? You were greatly mistaken if you did ; for what day was there after you once entered on that prosecution, that you did not devote the whole of it to that occupation? You demanded a law about bribery, though there was no deficiency of laws on that matter, for there was the Calpurnian law, framed with the greatest severity. Your inclinations and your wish procured compliance with your demand; but the whole of that law might perhaps have armed your accusation, if you had had a guilty defendant to prosecute ; but it has been of great injury to you as a candidate. A more severe punish- ment for the common people was demanded by your voice. The minds of the lower orders were agitated. The punishment of an exile was demanded in the case of anyone of our order being convicted. The Senate granted it to your request ; but 9 a CICERO still it was with no good-will that they established a more severe condition for our common fortunes at your instigation. Pun- i.>hment was imposed on anyone who made the excuse of ill- ness. The inclinations of many men were alienated by : step, as by it they were forced either to labor to the prejudice of their health, or else through the distress of illness they were compelled to abandon the other enjoyments of life. What, then, are we to say of this? Who passed this law ? He who, in so doing, acted in obedience to the Senate, and to your \\ I le, in short, passed it to whom it was not of the slightest per- sonal advantage. Do you think that those proposals which, with my most willing consent, the senate rejected in a very full house, were but a slight hinderance to you ? You demanded the confusion of the votes of all the centuries, the extension of the Manilian law," the equalization of all interest, and dignity, and of all the suffrages. Honorable men, men of influence in their neighborhoods and municipalities, were indignant that such a man should contend for the abolition of all degrees in dignity and popularity. You also wished to have judges se- lected by the accuser at his pleasure, the effect of which would have been, that the secret dislikes of the citizens, which are at present confined to silent grumblings, would have broken out in attacks on the fortunes of every eminent man. All these measures were strengthening your hands as a pros- ecutor, but weakening your chance as a candidate. And by them all a violent blow was struck at your hopes of success, as I warned you ; and many very severe things were said about it by that most able and most eloquent man, Hortensius, owing to which my task of speaking now is the more difficult ; as, after both he had spoken before me, and also Marcus Crassus, a man of the greatest dignity, and industry, and skill as an orator, I, coming in at the end, was not to plead some part of the cause, but to say with respect to the whole matter whatever I thought advisable. Therefore I am forced to recur to the same ideas, and, to a great extent, O judges, I have to contend with a feel- ing of satiety on your part. But still, O Servius, do you not see that you completely lay This was not the Manilian law, in be counted without any regard to the support of which Cicero spoke, to con- centuries in which they were given; but fer the command in Asia on Pompeius; this law was repealed soon after its but a law enacting that the votes should enactment. ORATION IN DEFENCE OF LUCIUS MURENA 93 the axe to the root of your chance as a candidate, when you give the Roman people cause for apprehension that Catiline might be made consul through your neglect, and, I may almost say, abandonment of your canvass, while you were intent on your prosecution ? In truth, men saw that you were hunting about for evidence ; that you yourself looked gloomy, your friends out of spirits ; they noticed your visits, your inquiries after proofs, your privy meetings with your witnesses, your conferences with your junior counsel ; all which matters are certainly apt to make the countenance of a candidate look darker. Meantime they saw Catiline cheerful and joyous, accompanied by a band of youths, with a body-guard of informers and assassins, elated by the hopes which he placed in the soldiers, and, as he himself said, by the promises of my colleagues ; surrounded, too, with a numerous body of colonists from Arretium and Faesulae a crowd made conspicuous by the presence of men of a very different sort in it, men who had been ruined by the disasters in the time of Sylla. His own countenance was full of fury; his eyes glared with wickedness- ; his discourse breathed noth- ing but. arrogance. You might have thought that he had as- sured himself of the consulship, and that he had got it locked up at home. Murena he despised. Sulpicius he considered as his prosecutor, not as a competitor. He threatened him with violence ; he threatened the republic. And I need not remind you with what terror all good men were seized in consequence of these occurrences, and how en- tirely they would all have despaired of the republic if he had been made consul. All this you yourselves recollect ; for you remember, when the expressions of that wicked gladiator got abroad, which he was said to have used at a meeting at his own house, when he said that it was impossible for any faithful de- fender of the miserable citizens to be found, except a man who was himself miserable ; that men in an embarrassed and desper- ate condition ought not to trust the promises of men of a flour- ishing and fortunate estate ; and therefore that those who were desirous to replace what they had spent, and to recover what they had lost, had better consider what he himself owed, what he possessed, and what he would dare to do ; that that man ought to be very fearless and thoroughly overwhelmed by misfortune, who was to be the leader and standard-bearer of unfortunate 94 CICERO men. Thru. tlu-ref< tln-M- tiling had been heard, recollect that a resolution of the Sen.itt was passed, on my mo- tion, that the eomitia should not be held tin- i: in order that we might be able t< these matters in the Senate. Accordingly, the next day, in a full meeting of the Senate, I ad- dressed Catiline himself, and desirrd him, if he could, to give some explanation of these reports which had been brought to me. And he for he was not much addicted to disguising his intentions did not attempt to clear himself, but openly avowed and adopted the statements. For he said then, that there were two bodies of the republic the one weak with a weak head, the other powerful without a head and that, as this last had de- served well of him, it should never want a head as long as he lived. The whole Senate groaned at hearing itself addressed in such language, and passed a resolution not severe enough for such unworthy conduct ; for some of them were against too rigorous a resolution, because they had no fear; and some, be- cause they had a great deal. Then he rushed forth from the Senate, triumphing and exulting a man who never ought to have been allowed to leave it alive, especially as that very same man in the same place had made answer to Cato, that gallant man who was threatening him with a prosecution, a few days before, that if any fire were kindled against his own fortunes, he would put it out, not with water, but by the general ruin. Being influenced then by these facts, and knowing that men who were already associated in a conspiracy were being brought down by Catiline into the Campus Martius, armed with swords, I myself descended into the campus with a guard of brave men, and with that broad and shining breastplate, not in order to protect me (for I knew that Catiline would aim at my head and neck, not at my chest or body), but in order that all good men might observe it, and, when they saw their consul in fear and in danger, might, as they did, throng together for my assistance and protection. Therefore,, as, O Servius, men thought you very remiss in prosecuting the contest, and saw Catiline in- flamed with hope and desire, all who wished to repel that pest from the republic immediately joined the party of Murena. And in the consular eomitia the sudden inclination of men's feelings is often of great weight, especially as, in this case, it took the direction of a very gallant man, who was assisted by ORATION IN DEFENCE OF LUCIUS MURENA 95 many other concurrent aids in his application for the office. He was born of a most honorable father and ancestors ; he had passed his youth in a most modest manner ; he had discharged the office of a lieutenant with great credit ; he had been praetor, as such he had been approved as a judge ; he had been popular through his liberality; he had been highly honored in his prov- ince ; he had been very diligent in his canvass, and had carried it on so as neither to give way if anyone threatened him, nor to threaten anyone himself. Can we wonder that the sudden hope which Catiline now entertained of obtaining the consulship was a great assistance to this man ? The third topic which I have got to speak about refers to the charge of bribery ; which has been already entirely refuted by those who have spoken before me, but which must still be dis- cussed by me, since such is the will of Murena. And while speaking on this point, I will reply to what Postumius, my own intimate friend, a most accomplished man, has said about the trials of agents, and about sums of money which he asserts have been found ; and to what Servius Sulpicius, that able and virtu- ous young man, has said about the centuries of the knights ; and to what Marcus Cato, a man eminent in every kind of virtue, has said about his own accusation, about the resolution of the Sen- ate, and about the republic in general. But first of all I will say a little, which has just occurred to me, about the hard fortune of Lucius Murena. For I have often before now, O judges, judging both by the miseries of others, and by my own daily cares and labors, considered those men fortunate, who, being at a distance from the pursuits of ambition, have addicted themselves to ease and tranquillity of life ; and now especially I am so affected by these serious and unexpected dangers of Lucius Murena, that I am unable ade- quately to express my pity for the common condition of all of us, or for his particular state and fortune ; who while, after an uninterrupted series of honors attained by his family and his ancestors, he was endeavoring to mount one step higher in dig- nity, has incurred the danger of losing both the honors be- queathed to him by his forefathers, and those too which have been acquired by himself, and now, on account of his pursuit of this new honor, is brought into the danger of losing his an- cient fortune also. And as there are weighty considerations, 96 CICERO O judges, so is this the most serious matter of all, that he has men f.r aivu^rrs who. instead of proi ' use Inn. account of their private enmity against him, have become personal enemies, being carried away by their zeal fur their ac- cusation. For, to say nothing of Servius Sulpicius, who, I am aware, is influenced not by any wrong done by Lucius Murcna, but only by the party spirit engendered by the contest for honor, his father's friend. L'tueus I'ostumius, is his accuser, an <>M ;hbor and intimate friend of his own, as he says him who has mentioned many reasons for his intimacy with him. while he has not IK en able to mention one for any enmit him. Servius Sulpicius accuses him, the companion qf hi-* son he, by whose genius all the friends of his father ought to be only the more defended. Marcus Cato accuses him, who, though he has never been in any matter whatever at variance with Murena, yet was born in this city under such circum- stances that his power and genius ought to be a protection to many who were even entire strangers to him, and ought to be the ruin of hardly any personal enemy. In the first instance, then, I will reply to Cnaeus Postumius, who, somehow or other, I know not how, while a candidate for the praetorship, appears to me to be a straggler into the course marked out for the candidates for the consulship, as the horse of a vaulter might escape into the course marked out for the chariot races. And if there is no fault whatever to be found with his competitors, then he has made a great concession to their worth in desisting from his canvass. But if any one of them has committed bribery, then he must look for some friend who will be more inclined to prosecute an injury done to an- other than one done to himself. I come now to Marcus Cato, who is the mainstay and prop of the whole prosecution ; who is, however, so zealous and ve- hement a prosecutor, that I am much more afraid of the weight of his name, than of his accusation. And with respect to tin's accuser, O judges, first of all I will entreat you not to let Cato's dignity, nor your expectation of his tribuneship, nor the high reputation and virtue of his whole life, be any injury to Lucius Murena. Let not all the honors of Marcus Cato, which he has acquired in order to be able to assist many men, be an injury to my client alone. Publius Africanus had been twice consul, ORATION IN DEFENCE OF LUCIUS MURENA 97 and had destroyed those two terrors of this empire, Carthage and Numantia, when he prosecuted Lucius Cotta. He was a man of the most splendid eloquence, of the greatest good faith, of the purest integrity ; his authority was as great almost as that of the Roman people itself, in that empire which had been mainly saved by his means. I have often heard old men say that this very extraordinarily high character of the accuser was of the greatest service to Lucius Cotta. Those wise men who then were the judges in that cause, did not like anyone to be defeated in any trial, if he was to appear overwhelmed only by the excessive influence of his adversary. What more shall I say? Did not the Roman people deliver Sergius Galba (the fact is preserved in the recollection of everyone) from your grandfather, that most intrepid and prosperous man, Marcus Cato, who was zealously seeking his ruin ? At all times in this city the whole people, and also the judges, wise men, looking far into futurity, have resisted the overweening power of prose- cutors. I do not like an accuser bringing his personal power, or any predominant influence, or his own eminent authority, or his own excessive popularity, into a court of justice. Let all these things have weight to insure the safety of the innocent, to aid the weak, to succor the unfortunate. But in a case where the danger and ruin of citizens may ensue, let them be rejected. For if perchance anyone should say that Cato would not have come forward as an accuser if he had not previously made up his mind about the justice of the cause, he will then be laying down a most unjust law, O judges, and establishing a miserable con- dition for men in their danger, if he thinks that the opinion of an accuser is to have against a defendant the weight of a previ- ous investigation legally conducted. I, O Cato, do not venture to find fault with your intentions, by reason of my extraordinarily high opinion of your virtue ; but in some particulars I may perhaps be able slightly to amend and reform them. " You are not very wrong," said an aged tutor to a very brave man ; " but if you are wrong, I can set you right." But I can say with the greatest truth that you never do wrong, and that your conduct is never such in any point as to^need correction, but only such as occasionally to require being guided a little. For nature has herself formed you for honesty, and gravity, and moderation, and magnanimity, and 98 CICERO justice ; and for all the virtues required to make a great and noble man. To all these qualities are added an educ;r moderate, nor mild, but, as it seems to me, a little harsh and severe, more so than either truth or nature would permit, since we are not to address this speed) either to an ignorant multitude, or to any assembly of rnstu>. 1 will speak a little boldly about the pursuits of educated men, which are both well known and agreeable to you, O judges, and to me. Learn, then, O judges, that all these good qualities, divine and splendid as they are, which we behold in Marcus Cato, are his own pe- culiar attributes. The qualities which we sometimes wish for in him, are not all those which are implanted in a man by nat but some of them are such as are derived from education. For there was once a man of the greatest genius, whose name was Zeno, the imitators of whose example are called Stoics. ! opinions and precepts are of this sort : that a wise man is never influenced by interest ; never pardons any man's fault ; that no one is merciful except a fool and a trifler ; that it is not the part of a man to be moved or pacified by entreaties ; that wise men, let them be ever so deformed, are the only beautiful men ; if they be ever such beggars, they are the only rich men ; if they be in slavery, they are kings. And as for all of us who are not wise men, they call us runaway slaves, exiles, enemies, lunatics. They say that all offences are equal ; that every sin is an unpar- donable crime ; and that he does not commit a less crime who kills a cock, if there was no need to do so, than the man who strangles his father. They say that a wise man never feels un- certain on any point, never repents of anything, is never de- ceived in anything, and never alters his opinion. All these opinions that most acute man, Marcus Cato, having been induced by learned advocates of them, has embraced ; and that, not for the sake of arguing about them, as is the case with most men, but of living by them. Do the publicans ask for anything? "Take care that their influence has no weight." Do any suppliants, miserable and unhappy men, come to us? " You will be a wicked and infamous man if you do anything from being influenced by mercy." Does anyone confess that he has done wrong, and beg pardon for his wrongdoing? " To pardon is a crime of the deepest dye." " But it is a trifling offence." " All offences are equal." You say something. ORATION IN DEFENCE OF LUCIUS MURENA 99 " That is a fixed and unalterable principle." " You are influ- enced not by the facts, but by your opinion." " A wise man never forms mere opinions." " You have made a mistake in some point." He thinks that you are abusing him. And in accordance with these principles of his are the following asser- tions : " I said in the Senate, that I would prosecute one of the candidates for the consulship." " You said that when you were angry." " A wise man never is angry." " But you said it for some temporary purpose." " It is the act," says he, " of a worthless man to deceive by a lie ; it is a disgraceful act to alter one's opinion ; to be moved by entreaties is wickedness ; to pity anyone is an enormity." But our philosophers (for I confess, O Cato, that I, too, in my youth, distrusting my own abilities, sought assistance from learning), our philosophers, I say, men of the school of Plato and Aristotle, men of soberness and mod- eration, say that private interest does sometimes have weight even with a wise man. They say that it does become a virtuous man to feel pity ; that there are different gradations of offences, and different degrees of punishment appropriate to each ; that a man with every proper regard for firmness may pardon offences ; that even the wise man himself has sometimes nothing more than opinion to go upon, without absolute certainty ; that he is sometimes angry ; that he is sometimes influenced and pacified by entreaty ; that he sometimes does change an opinion which he may have expressed, when it is better to do so ; that he sometimes abandons his previous opinions altogether; and that all his virtues are tempered by a certain moderation. If any chance, O Cato, had conducted, endowed with your existing natural disposition, to those tutors, you would not in- deed have been a better man than you are, nor a braver one, nor more temperate, nor more just than you are (for that is not possible), but you would have been a little more inclined to lenity ; you would not, when you were not induced by any en- mity, or provoked by any personal injury, accuse a most virtu- ous man, a man of the highest rank and the greatest integrity ; you would consider that as fortune had intrusted the guardian- ship of the same year to you 10 and to Murena, that you were connected with him by some certain political union; and the severe things which you have said in the Senate you would 10 Cato was tribune-elect. ioo CICERO either not have said, or you would have guarded against their being applied to him, or you would have interpreted them in the mildest sense. And even you yourself (at lea>t that is my opinion and expectation < 1 as you are at present by the impetuosity of your disposition, and elated as you are both by the vigor of your natural character and by your confidence in your own ability, and intlamcd as you are by your recent study of all these precepts, will find practice modify them, and time and increasing years soften and humanize you. In truth, those tutors and teachers of virtue, whom you think so much of, ap- pear to me themselves to have carried their definitions of duties somewhat further than is agreeable to nature ; and it would be better if, when \ve lia-ount of it. what v. it ii many im-n did go out to meet such a man on hi> arrival, being a candidate for the i sul.-hip ? If they had not done so, it would have appeared much more strange. \Yhat then ? Suppose I were even to add, what there w>ul 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 in< >rc, why is it that you have a nomenclator 1 * with you? for in so doing, you arc practicing a trick and a dt For if it be an honorable thing for your fellow-citizens to be ad- dressed 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 yourself, 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 salute them as if you knew them yourself? And why, after you are once elected, are you more careless about saluting them at all? 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. Oh, but it is the interest of the republic that has induced you to become a prosecutor. I do believe, O Cato, that you have come forward under the influence of those feelings 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 con- sul I will not speak with undue arrogance, 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 u The nomenclator was a slave who one he met. so that he might be able to accompanied the candidate in going his accost them as if they were personally rounds, and told him the name of every- known to himself. ORATION IN DEFENCE OF LUCIUS MURENA 107 spreads more widely than anyone believes: more men are im- plicated 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 deserted 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 protecting 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 consuls in the republic, is of great consequence, O judges. Never believe that by consuls of mod- erate abilities, or by the ordinary modes of proceeding 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 mas- sacring 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 re- specting their own country. Every day I am counteracting their designs, disarming their audacity, resisting their wicked- ness. 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 repub- lic in a sound condition, that he may defend it from these great dangers. io8 CICERO And do you not sec, 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? for in yesterday's as- sembly there thundered out the mischievous voice of a tribune elect, 14 one of your own colleagues ; against whom your < mind took many precautions, and so too did all good men, when they invited you to stand for the tribuncship. Everything which has been plotted for the last three years, from the time when you know that the design of massacring 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 delivered 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 individual, 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 how 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 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 without any consul; and that so will the republic without any protector. When such are our circumstances, and such our perils, it be- comes 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 re- quires) formed by fortune to court ease, but by knowledge to 14 He means Quintus Metellus Nepos, hi* making an address to the people on the same man who afterward prevented his resigning his consulship. ORATION IN DEFENCE OF LUCIUS MURENA 109 carry on war, and by courage and practice to discharge in a proper manner whatever business you can impose upon him. 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 in- famous 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 frenzy 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 decision that most profligate gladiator, the enemy of the republic, would give? Believe me, O judges, in this case you are deciding not only about the safety of Lucius Murena, but also on your own. We are in a situation of ex- treme danger; there is no means now of repairing the losses which we have already sustained, or of recovering the ground which we have lost. We must take care not only not to diminish the resources which we still have, but to provide ourselves with additional ones if that be possible. For the enemy is not on the Anio, which in the time of the Punic War appeared a most ter- rible thing, but he is in the city, in the forum (O ye immortal gods! this connot be said without a groan) ; there 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 will 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 conduct- ing a war, but in managing the election of a colleague. There are some prepared to hinder him. That intolerable pest will break forth wherever it can find room; and even now it is threatening the Roman people; soon ,,o CICERO it will descend upon the suburban districts; frenzy will range at ong the camp, fear in the senate-house, c< in tin iormn. an army in the Campus Martius, and devastation all over tlu- country. In every habitation, and in every place, we shall live in fear of fire and sword. And yet all these c\ 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 individuals. And as this is the case, O judges, in the first place for the sake of the republic, than which nothing ought to be of more impor- tance in the eyes of everyone, 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 entreat you, as the magni- tude of the danger justifies me in doing, to provide for the tran- quillity, 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 Murcna, an unfortunate man, of one oppressed both by bodily disease and by vexation of mind, by a fresh cause for mourning. He has been lately distinguished by the greatest kindness of the Roman people, and has seemed fortunate in being the first man to bring the honors of the consulship into an old family, and a most ancient municipality. Now, in a mourn- ing and unbecoming 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 immortal 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 Lucius Mure- na is begging and entreating of you is no more than this ; that if he has done no injury unjustly to anyone, if he has offended no man's ears or inclination, if he has never (to say the least) given anyone reason to hate him either at home or when engaged in war, he may in that case find among you moderation in judging, ORATION IN DEFENCE OF LUCIUS MURENA m and a refuge for men in dejection, and assistance for modest merit. The deprivation of the consulship is a measure calcu- lated to excite great feelings of pity, O judges. For with the consulship everything 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 op- posed single-handed to every danger, and to every sort of un- popularity. 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. 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 disgrace? Or to his mother, who, wretched woman, having lately embraced her son as con- sul, 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 I speak of his home or of his mother, when the new punishment of the law deprives him of home, and parent, and of the intercourse with and sight of all his relations ? Shall the 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, exercising 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 everyone's conversation, when in the very places in which a few days before messengers and letters had repeated, us CICERO with every indication of joy, that Murena had IK-CD made o>: in the very places fn>m which his own frit-mis and his lui connections Mocked to Rome purpose of congratu- lating him, he himself arrive . >n a sudden a^ the mcsscnge; his own misfortune! And if these things seem bitter, and i erable, and grievous if they are most foreign 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 als< Lanuvium, that most honorable municipality, the whole popu- lation of which you have seen watching this cause with t and mourning. Do not tear from his ancestral sacrifices to Juno Sospita, to whom all consuls are bound to offer sacrifice, a consul who is so peculiarly her own. Him, if my recommen- dation has any weight, if my solemn assertion has any author- ity, I now recommend to you, O judges I the consul recom- mend him to you as consul, promising and undertaking that he will prove most desirous of tranquillity, most anxious to con- sult the interests of virtuous men, very active against sedition, very brave in war, and an irreconcilable enemy to this con- spiracy, which is at this moment seeking to undermine the republic. JULIUS CAESAR. from a bust in tbe Brittsb Musfwn .. culptor who has succeeded in representing (be u. .Iptor in the year 55 i Id, and bad just completed the destruction of the Pompeiiao party and f his ambition. The Senate that year made Mo - proclaimed him a god, and named one of the months, July, after him. ORATION IN DEFENCE OF PUBLIUS 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 Tor- quatus. He was now impeached by the younger Torquatus, the son of his former prosecutor, as having been implicated in both of Cati- line's conspiracies. (Autronius was accused also, and he also applied to Cicero to defend him, but Cicero, being convinced that he was guilty, not only refused to defend him, but appeared as a witness against him.) Torquatus's real motive appears to have been jealousy of the fame which Cicero had obtained in his consulship; and, in his speech for the prosecution, 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 had reigned in Rome; Numa and Tarquin being the two former. Sylla was acquitted 114 ORATION IN DEFENCE OF PUBLIUS SYLLA I SHOULD have been very glad, O judges, if Publius Sylla had been able formerly to retain the honor of the dignity to which he was appointed, and had been allowed, after the misfortune which befell him, to derive some reward from his 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 mis- fortunes I can easily endure that an opportunity should be of- fered to me of causing virtuous men to recognize my lenity and merciful disposition, which was formerly known to every one, but which has of late been interrupted as it were ; and of forcing wicked and profligate citizens, being again defeated and vanquished, to confess that, when the republic 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 vio- lated our friendship and intimacy somewhat in his speech for the prosecution, he could by that means detract a little from the authority of my defence, I will unite with my endeavors to ward off danger from my client, a defence 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, O judges, has thought that the more he could take away from my authority, the more also he would be "5 n6 CICERO 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 wisdom in this discharge of my duty and in undertak- ing this defence, I shall also induce you to look favorably on the cause of Publius Sylla. And in the first place, O Torqua- tus, I 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 tinguishing this empire, and of destroying this city, was enter- tained 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. 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 conspiracy, 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 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 ex- cellent 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 inno- cence is upheld ? For that is not the only method of defending a man's cause which consists 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 authority extends, are defending him. Ought I to be unwilling to appear on these benches on which I see these lights and ornaments of the republic, when it is only by my own numerous and great labors and dangers that I have ORATION IN DEFENCE OF PUBLIUS SYLLA 117 mounted into their rank, and into this lofty position and dig- nity 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 Varguntius? No one. Not even this Quintus Hortensius, the very man who had formerly been his only defender when prosecuted 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 Ser- vius Sylla? who . . . ? who of us thought Marcus Laeca 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 intimate 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 would taint one who defended 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 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 offence of such enormity, that they not only were bound to abstain from doing anything to conceal it, but that it was their duty to reveal it, and throw all the light that they were able upon it. 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 extraordinary cruelty and barbarity of disposition. If this be the character n8 CICERO whu-h. on account of all my exploits, you wish now to fix upon my whole life, O Torquatus, you are greatly mistaken. Nature made me merciful, my country made me severe; but neither my country nor nature has ever required me to be cruel. La that same vehement and fierce character which at that time the occasion and the republic imposed upon me, my own inclina- tion and nature itself has now relieved me of; for my country required severity for a short time, my nature requires clemency and lenity during my whole life. There is, therefore, no i tence 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 mar- vel hereafter, whenever you see me on the same side as you observe : n. 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. Wherefore, it is inevitable that that which, when I was consul, belonged to me especially above all other men, should, now that I am a private 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; but a share of my glory to all good men. " You gave evidence 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 defence ought not to carry any authority with it. But if there is found in me a proper consideration for the republic, a scrupulous regard to my duty, and a con- stant 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 evi- dence against him. For I think that I not only carry with me zeal in defending causes, but also that my deliberate 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. ORATION IN DEFENCE OF PUBLIUS SYLLA 119 Two conspiracies are spoken of by you, O Torquatus ; one, which is said to have been formed in the consulship of Lepidus and Volcatius, 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 great- est intimacy between you and me, that I knew nothing of what happened, or of what was said in those times ; I imagine, be- cause I had not yet become a thoroughly public character, be- cause I had not yet arrived at the goal of honor which I pro- posed to myself, and because my ambition and my forensic labors separated me from all political deliberations. Who, then, was present at your counsels? 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 towards the republic, and because of his exceeding intimacy with and ex- cessive attachment 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 delibera- tions, who was a partner in all your thoughts and in all your fears ; and, elegant and argumentative as his speech in re- pelling this accusation was, it carried with it as much authority as it displayed 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 anything 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 counsellors, who became acquainted with these things in your company they who were supposed to be themselves menaced with that danger, who gave no countenance to Autronius, who gave most important evidence against him are now defending Publius Sylla, are countenanc- ing him by their presence here ; now that he is in danger they declare that they were not deterred by the accusation of con- spiracy from countenancing the others, but by the guilt of the men. But for the time of my consulship, and with respect to 120 CICERO 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 accusations 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. 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 respecting 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 investi- gated the plots laid against the republic with prudence, had revealed them with sincerity, had chastised them with mag- nanimity, 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 ? and what is the cause of Sylla? The former tried to disturb and get rid of a prosecu- tion for bribery by raising in the first instance a sedition among gladiators and runaway slaves, and after that, as we all saw, by stoning people, and collecting a violent mob. Sylla, if his own modesty and worth could not avail him, sought no other assistance. The former, when he had been convicted, behaved in such a manner, not only in his secret designs and conversa- tion, but in every look and in his whole countenance, as to ap- pear an enemy to the most honorable orders in the state, hostile to every virtuous man, and a foe to his country. The latter con- sidered himself so bowed down, so broken down by that mis- fortune, that he thought that none of his former dignity was ORATION IN DEFENCE OF PUBLIUS SYLLA 121 left to him, except what he could retain by his present modera- tion. And in this conspiracy, what union was ever so close as that between Autronius and Catiline, between Autronius and Lentulus ? What combination was there ever between any men for the most virtuous purposes, so intimate as his con- nection with them for deeds of wickedness, lust, and audacity ? what crime is there which Lentulus did not plot with Autro- nius? what atrocity did Catiline ever commit without his as- sistance? while, in the mean time, Sylla not only abstained 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 Allo- broges, 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 punishment of Len- tulus, 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 sup- posed that there were any men who were implicated in or sus- pected of this crime ; and the place itself is one not so well cal- culated to excite the feelings of men in distress, as to console them. On account, therefore, of this great dissimilarity between the men and the cases, I also behaved in a different manner to them both. For Autronius came to me, and he was constantly com- ing to me, with many tears, as a suppliant, 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 col- league in the quaestorship. He used to enumerate many ser- vices 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 1 Some commentators propose fasces instead of falces here, and it would cer- tainly make much better sense. 122 CICERO that Caius Cornelius had been lately sent by him for the pur- pose 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 oc- curred 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 them- selves 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 rela- tions 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 towards a son. And I thought that I could not, without being guilty of the very greatest wicked- ness, 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, I could not endure to see Publius Sylla coming to me as a suppliant, or these same Marcelli in tears at his danger ; nor could I resist the entreaties of Marcus Messala, whom you 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 anything in them at variance with my feelings of clemency. His name had never been mentioned, there was no trace whatever of him in the con- spiracy ; no information had touched him, no suspicion had been breathed of him. I undertook his cause, O Torquatus ; I undertook it, and I did so willingly, in order that, while good men had always, as I hope, thought me virtuous and firm, not even bad men might be able to call me cruel. This Torquatus then, O judges, says that he cannot endure my kingly power. What is the meaning of my kingly power, O Torquatus ? I suppose you mean the power I exerted 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 ORATION IN DEFENCE OF PUBLIUS SYLLA 123 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 acquitted." 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 persuad- ing 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, anything except to defend him with good faith. " But unless you," says he, " had undertaken his cause, he could never have resisted me, but would have fled without saying a word in his defence." Even if I were to grant to you that Quin- tus 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 be- lieve, 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, cannot resist, or he who does not abandon men in misfortune? 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 marvellous that I should be a king because, as you say yourself, foreigners have before now been kings at Rome as that a foreigner should be a consul at Rome. " This is what I 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 municipal towns appear to you to be foreign- ers. For no one ever made that objection to that great man, Marcus Cato the elder, though he had many enemies, or to 124 CICERO Titus Coruncanius, or to Marcus Curius, or even to that great hero of our own times, Caius Marius, though many men envied him. In truth, I am exceedingly delighted that I am a man of such a charcater 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. But still, on account of your great friendship and intimacy, I think it well to remind ygu of this more than once all men cannot 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 foreigners, 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 dignity ! And yet take care that you do not call one of these a foreigner, lest you should be over- whelmed by the votes of the foreigners. For if they once bring their activity and perseverance 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 sur- passed by you in honors, unless they are also excelled by you in virtue. And if, O judges, it is fit for me and you to be con- sidered 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 citizen 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 Picentians 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 foreigner, lest you meet with a sterner refutation; and do not call me a king, lest you be laughed at. Unless, indeed, it appears 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 anything else ; to form one's opinions in the Senate with freedom ; to consider the real interests of the peo- ple, rather than their inclinations ; to yield to no one, to oppose many men. If you think that this is the conduct of a king, then ORATION IN DEFENCE OF PUBLIUS SYLLA 125 I confess that I am a king. If my power, if my sway, if, lastly, any arrogant or haughty expression of mine moves your indig- nation, then you should rather allege that, than stoop to raise odium against me by a name, and to employ mere abuse and insult. 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 Rome 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 ? 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 everyone? 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 excuse which my past honors or my present age might supply me with, is employed to save me from trouble; if my good-will, my in- dustry, 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 sub- stitute 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 Rome, without unfold- ing the records of the public annals, you may find them amon 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, I can say thus much that I, who have saved this city, and 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 126 CICERO 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 attempt 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 incli- nations I could neither cure nor eradicate. Therefore I am not ignorant in what danger I am living among such a multi- tude of wicked men, since I see that I have undertaken single- handed an eternal war against all wicked men. 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 yourself with the reflec- tion 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 mad- ness, 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 ? 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 approve of those things, could hear what he said, he spoke with a loud querulous voice of the execution of Publius Len- tulus and of the prison ; in which there was, first of all, this absurdity, that when he wished to gain your approval of the inconsiderate things which he had said, but did not wish those 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 ORATION IN DEFENCE OF PUBLIUS SYLLA 127 is so inconsistent as for a man who is accusing another of con- spiracy, to appear to lament the punishment and death of con- spirators ; which is not, indeed, strange to anyone, 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 anything 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 con- spiracy. However, what I find fault with most of all, is this : that you, with your abilities and your prudence, do not main- tain the true interest of the republic, but believe, on the con- trary, that those actions are not approved of by the Roman people, which, when I was consul, were done by all virtuous men, for the preservation of the common safety of all. Do you believe that any one of those men who are here pres- ent, 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 him- self, and to have nothing which he wished to preserve? Is there anyone who blames the most illustrious man of your fam- ily and name, who deprived his own son 2 of life in order to strengthen his power over the rest of his 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 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 mis- erable destruction 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 those very 8 This refers to the story of Titus Man- of a general order issued by his father lius Torquatus, who, in the Latin War the consul) to fight Geminius Metius, (A.U.C. 415), put his own son to death whom he slew. The story is told by for leaving his ranks (in forgetfulness Livy, lib. iii. c. 7. i 2 8 CICERO 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, with- out 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, ransomed 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 3 on oath ? 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 everyone 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 defence of the common safety, that Lucius Torquatus, being my con- stant 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 singular firm- ness, though he was sick, still was constantly present at all my actions; he never left my side: he, by his zeal and wisdom and authority was of the very greatest assistance to me, over- coming the infirmity of his body by the vigor of his mind. Do you not see now, how I deliver you from the danger 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. This refers to Cicero's conduct when charged his duty with fidelity, swore resigning his consulship. Metellus, as with a loud voice " that the republic has been said before, refused to allow and the city had been saved by his un- him to make a speech to the people, assisted labor"; and all the Roman because, as he said, he had put Roman people cried out with one voice that citizens to death without a trial; on that statement was true to its fullest which Cicero, instead of making oath extent, in the ordinary formula, that he had dis- ORATION IN DEFENCE OF PUBLIUS SYLLA 129 But now I return to the cause ; and I call you, O judges, to bear witness to this that this necessity of speaking of myself was imposed on me by him. For if Torquatus had been con- tent 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 defence 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. 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 Au- tronius 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 accusation 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 sus- picions. But yet he did not reply that Sylla was favorable to their designs. And, in truth, it would have been an absurd- ity, after he had named everyone 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 man, and his unfortunate condition, and the relics of his ancient dignity, had not made him notori- ous, 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 con- spiracy, for the purpose of exciting the minds of the Allo- broges, as he knew that the foreign nations are especially moved by an illustrious name, he would not have named Au- 9 1 3 o CICERO tronius 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 Autronius 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 Cas- sius, if he really was implicated in this wickedness, should never have once recollected Sylla, even after he had named Au- tronius. However, 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 accused 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 examinations, the thing to be inquired is, not whether anyone is exculpated, but whether anyone is inculpated. And in truth, when Cassius says that he does not know, is he seeking to ex- culpate Sylla, or proving clearly enough that he really does not know ? He is unwilling to compromise him with the Gauls. Why so ? That they may not mention him in their information ? 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 sup- pose, O judges, Sylla was the only person about whom Cassius was kept in the dark. For he certainly was well informed about everyone else ; and it was thoroughly proved that a great deal of the conspiracy was hatched 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 everyone, said that he did not know about Sylla, the same weight is due to this denial of his as if he had said that he did know that he had nothing to do with the conspiracy. For when it is perfectly certain that a man is acquainted with all the conspirators, his ignorance of anyone ought to be considered 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 Allobroges. Torquatus being cut off from this article of his accusation, ORATION IN DEFENCE OF PUBLIUS SYLLA 131 again turns against me, and accuses me. He says that I have made an entry 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 darkness of error and ignorance, held a bright light before my mind ! I saw this, O judges, that unless, while the recollection of the Senate on the subject was still fresh, I bore evidence to the authority and to the par- ticulars of this information by public records, hereafter some- one, not Torquatus, nor anyone like Torquatus (for in that indeed I have been much deceived), but someone 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 state- ment 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 which 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 Messala, who was at the time standing for the praetorship; Publius Nigidius, and Appius Claudius. I believe that there is no one who thinks that these men were deficient either in the good faith or in the ability re- quisite to enable them to give an accurate report. 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 132 CICERO 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 several clerks, and to be distributed everywhere and published and made known to the Roman people. I distributed it all over Italy, I sent copies of it 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 provi- dence, 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 republic, 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 anything from my private journals, lest I might be accused of either forgetting or remembering too much, and lest any negligence of mine should be thought dis- creditable, 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 were witnesses 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 say, 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 ? ORATION IN DEFENCE OF PUBLIUS SYLLA 133 Was the safety of anyone of such consequence to me as to induce me to forget my own? or to make me contaminate the truth, which I had laid open, by any lie? Or do you sup- pose that I would assist anyone by whom I thought that a cruel plot had been laid against the republic, and most espe- cially against -me the consul ? 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 ? I have been bearing with you, 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. 1 make some allowance for your violent temper, I have some indulgence for your youth, I yield somewhat to our own friend- ship, 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 ignorant 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 consideration for, and indulgence toward you. In the first place, the excuses which I make to myself for your injurious conduct, 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 provoked ; at present I will deal with you in such a way that I shall seem to have received an injury rather than to have re- quited one. Nor, indeed, can I make out why you are angry with me. If it is because I am defending a man whom you are accusing, I 3 4 CICERO why should not I also be angry with you, for accusing a man whom I am defending? " I," say you, " am accusing my ene- my." And I am defending my friend. " But you ought not to defend anyone who is being tried for conspiracy." On the contrary, no one ought to be more prompt to defend 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 ? " Because I was com- pelled. " Why were they convicted ? " Because my evidence was believed. " It is behaving like a king to speak against whomsoever you please, and to defend whomsoever you please." Say, rather, that it is slavery not to be able to speak against anyone you choose, and to defend anyone 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 anyone, from ward- ing off dangers from others. And yet that contest was far from resembling this trial. Then, if Publius Sylla could be 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. 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? ORATION IN DEFENCE OF PUBLIUS SYLLA 135 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 de- fend him. But I not only am not angry with you, but I do not even find fault with your proceeding. 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 ac- cuses him, and that ought to have the same weight as if his father had given information against him." O wise Cornelius the father, I mean who left all the reward which is usually given for information, but has got all the discredit which a confession can involve, through the accusation brought by his son! How- ever, 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 Hor- tensius reply. If, as you say, his statement concerns that crew of Autronius and Catiline, when they intended to commit a mas- sacre 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? 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 the forces and the endeavors of Catiline and Autronius). Is there, then, anyone who says that Sylla at that time had any idea of coming into the Campus? And yet, if at that time he had united himself with Catiline in that society of wickedness, why did he leave him? why was not he with Autronius? why, when their cases were similar, are not similar proofs of criminality 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'* street, to the house of Marcus Lecca, that night which followed the sixth of November, in my consul- ship ? that night which of all the moments of the conspiracy was the most terrible and the most miserable. Then the day in which * This was the name of a street. 136 CICERO Catiline should leave the city, then the terms on which the rest should remain behind, 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, begged for himself that especial employment of go- ing 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. 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 massacre; when Autronius had the part allotted to him of occupying Italy; when, in short, everything was being arranged, and settled, and pre- pared; where, O Cornelius, was Sylla? Was he at Rome? No, he was very far away. Was he in those districts to which Catiline was betaking himself? He was still farther from them. Was he in the Camertine, or Picenian, or Gallic district? lands which the disease, as it were, of that frenzy had infected most particularly. Nothing is further from the truth; for he was, as I have said already, at Naples. He was in that part of Italy which above all others was free from all suspicion of being im- plicated in that business. What then does he state in his in- formation, or what does he allege I mean Cornelius, or you who bring these messages from him? He says that gladiators were bought, under pretence 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 off." As if, in reality, the time for the exhibition was not drawing very near. This house- hold of slaves 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 ORATION IN DEFENCE OF PUBLIUS SYLLA 137 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 Mem- mius, by whose advice the whole business was managed. But Cornelius 5 was appointed to manage the troop. If in the respect of the purchase of this household of gladiators no suspicion at- taches to the circumstances, it certainly can make no difference that he was appointed to manage them afterward. But still, he in reality 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. But Sittius was sent by him into farther Spain, in order to ex- cite sedition in that province. In the first place, O judges, Sit- tius departed, in the consulship of Lucius Julius and Caius Figu- lus, some time before this mad business of Catiline's, and before there was any suspicion of this conspiracy. 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 neces- sary object, having some important accounts to settle with the king of Mauritania. But then, after he was gone, as Sylla man- aged 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 de- sire, namely, of retaining their possessions, did not exist in the case of Sittius, 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 an- other." Is it possible, then, that he should have thought it de- sirable, when engaged in such important affairs, in such novel, and dangerous, and seditious designs, to send away a man thor- oughly attached to himself, his most intimate friend, one con- 5 This Cornelius is not the Roman knight mentioned before, but some freedman of Publius Sylla. 138 CICERO nected 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 con- tracted, not out of luxury, but from a desire to increase his prop- erty, which led him to involve himself in business; and who, though he owed debts at Rome, had very large debts owing to him in the provinces and in the confederate 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 middle 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 re- lationship between 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 ex- pense of his patrimony. , But now, as to what he adds, that the inhabitants of Pompeii were excited by Sylla to join that conspiracy and that abomin- able wickedness, what sort of statement that is I am quite un- able 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 he had excited dissensions and divisions within, he might be able to have the town and nation of Pompeii in his power." In the first place, ORATION IN DEFENCE OF PUBLIUS SYLLA 139 every circumstance of the dissension between 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 disa- gree 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 anx- ious 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 fortune and every honor), may at all events, in the present misfortune 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 prosecutors; men whose dif- ferences 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 colony was originally settled by him, and though the fortune of the Roman people has separated the in- terests of the settlers from the fortunes of the native citizens of Pompeii, he is still so popular among, and so much beloved by both parties, 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. " But the gladiators, and all those preparations for violence, were got together because of the motion of Csecilius." And then he inveighed bitterly against Csecilius, 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 under the impulse of brotherly af- fection, and he abandoned it because he was dissuaded from it by his brother's authority. And Sylla is accused by Lucius 140 CICERO Caecilius, in that business in which both of them deserve praise. In the first place, Caecilius, 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 anyone ought to yield so much to his love for his brother as to think only of the welfare 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 defect in the law. When a man is complaining of a penalty, it is not the de- cision with which he is finding fault, but the law. For the con- viction 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, there- fore, alienate from your cause the inclinations of those orders of men which preside over the courts of justice with the greatest authority and dignity. No one has attempted to annul the de- cision which has been given; nothing of that sort has been pro- posed. What Caecilius always thought while grieved at the calamity which had befallen his brother, was, that the power of the judges ought to be preserved unimpaired, but that the se- verity of the law required to be mitigated. But why need I say more on this topic? I might speak per- haps, and I would speak willingly and gladly, if affection and fraternal love had impelled Lucius Caecilius 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 Caecilius, from your own inmost thoughts and from the common humanity of all men. The law was proposed only a few days ; it was never begun to be put in train tQ be car- ried; it was laid on the table in the Senate. On the first of Jan- uary, when we had summoned the Senate to meet in the Capitol, nothing took precedence of it; and Quintus Metellus the praetor said, that what he was saying was by the command of Sylla; that Sylla did not wish such a motion to be brought forward respect- ing his case. From that time forward Caecilius applied himself to many measures for the advantage of the republic; he de- ORATION IN DEFENCE OF PUBLIUS SYLLA i 4I dared 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, laying 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 Caecilius attempting to carry any point by vio- lence? Did not all the alarm that existed at that time, all the fear and expectation of sedition, arise from the villany of Autro- nius? It was his expressions and his threats which were bruited abroad; it was the sight of him, the multitudes that thronged to him, the crowd that escorted him, and the bands of his aban- doned followers, that caused all the fear of sedition which agi- tated 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 fortune, and to remain under a cloud without any remedy or alleviation. At this point you are constantly reading passages from my letter, which I sent to Cnaeus Pompeius about my own achieve- ments, 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, con- ceived 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 Cnaeus Piso, and Catiline, and Vargunteius were not able to do any wicked or audacious act by themselves, without the aid of Publius Sylla! But even if anyone 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 con- sul, 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 de- signs 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 no thoughts of recovering by violence his own consulship, which he had lost by a judicial decision. For his character is not one, O judges, which is at all 142 CICERO 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 coufse 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 expectations 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. In every case, O judges, which is of more serious impor- tance than usual, we must judge a good deal as to what everyone has wished, or intended, or done, not from the counts of the in- dictment, but from the habits of the person who is accused. For no one of us can have his character modelled in a moment, nor can anyone's course of life be altered, or his natural disposi- tion changed on a sudden. Survey for a moment in your mind's eye, O judges (to say nothing of other instances), these very men who were implicated in this wickedness. Catiline conspired against the republic. Whose ears were ever unwilling to be- lieve in this attempt on the part of a man who had spent his whole life, from his boyhood upward, not only in intemperance and de- bauchery, but who had devoted all his energies and all his zeal to every sort of enormity, and lust, and bloodshed? Who mar- velled 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 partner of informers, or the insanity of his caprices, or his perverse and impious super- stition, 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 Me- tellus Pius, without seeing that a prison was built on purpose to be the scene of his punishment? 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 con- victed by his own manner of life, before he was condemned by our suspicion. And as for Autronius himself (since his name is the most nearly connected with the danger in which my client is, ORATION IN DEFENCE OF PUBLIUS SYLLA 143 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 accus- tomed to use not only the most infamous language, but even his fists and his feet. We know that he had been accustomed to drive men from their estates, to murder his neighbors, to plun- der the temples of the allies, to disturb the courts of justice by violence and arms; in prosperity to despise everybody, in ad- versity to fight against all good men; never to regard the in- terests 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. Come now, compare with those men the life of Publius 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 anyone, I will not say audacious, but even rather inconsiderate? 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 Sylla, who was found more gentle or more merciful than Publius Sylla? How many men's wives did he not save by begging them of Lucius 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 obligations to Lucius Sylla! whom I might name, for they have no objection ; indeed they are here to coun- tenance him now, with the most grateful feelings towards 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 behavior to his friends! How great was their attachment to him! What a multitude of friends had he of every order of the people ! These 144 CICERO things, which had been built up by long time and much labor, one single hour deprived him of. Publius Sylla, O judges, re- ceived 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 existed in some other men also, then, per- haps, fortune was a little more unfavorable to him than to others. But, after this misfortune, who ever saw Publius Sylla otherwise than grieving, dejected, and out of spirits? Who ever sus- pected that he was avoiding the sight of men and the light of day, out of hatred, and not rather out of shame? For, though he had many temptations to frequent this city and the forum, by reason 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. 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 himself; 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 Lentu- lus, and Catiline, and Cethegus, with no other prospect for the future but a disgraceful death? That suspicion is not consistent it is, I say, utterly at variance with such habits, with such modesty, with such a life as his, with the man himself. That sprang up, a perfectly unexampled sort of barbarity; it was an incredible and amazing insanity. The foulness of that unheard- of wickedness broke out on a sudden, taking its rise from the countless vices of profligate men accumulated ever since their youth. ORATION IN DEFENCE OF PUBLIUS SYLLA 145 Think not, O judges, that that violence and that attempt was the work of human beings ; for no nation ever was so barbarous 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 vio- lent to be said in such a cause as this. Look deeply and thor- oughly into the minds of Catiline, Autronius, Cethegus, Lentu- lus, 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 remained in the republic, the constitu- tion could continue to exist any longer. Therefore they were some Furies who urged them on, not to complete their wicked- ness, but to atone to the republic for their guilt by their pun- ishment. 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 familiar 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 defence of modesty? 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 prose- cutor 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 everyone's mind, and the fortitude of a person's body. The inquisitor manages everything; caprice 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. 10 146 CICERO 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 you. In this cause we fear no witness; we feel sure that no one knows, or has ever seen, or has ever heard anything against us. But still, if the considera- tion 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 according to the caprice, or enmity, or worthlessness of the witnesses; but that in important investiga- tions 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 defenceless, 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 wit- ness be of the greatest weight in procuring either safety or pun- ishment for a man, which is the only one that, from its own in- trinsic nature, can with ease be thoroughly examined, and which cannot be suddenly altered and remodelled. What? Shall this authority (for I must continually 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 everyone 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 anything; a bold thing, if, when everyone else is silent about us, we will not be silent ourselves. But if we are attacked, if we are accused, if we are sought to be ren- dered unpopular, then surely, O judges, you will allow us to retain our liberty, even if we cannot quite retain all our dig- nity. All the men of consular rank are accused at one swoop ; so that the name of the most honorable office in the state ap- pears now to carry with it more unpopularity than dignity. " They stood by Catiline," says 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 ORATION IN DEFENCE OF PUBLIUS SYLLA 147 countenance of their presence. They did not think the moment of his most imminent danger a fit time to reproach him with the infamy of his life. Moreover, even your own father, O Tor- quatus, when consul, was the advocate of Catiline when he was prosecuted on a charge of extortion ; he knew he was a bad 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 presence 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 accusation had weight, it ought not to have had more weight when it was old than when it was fresh. But if your parent, even when he was not without suspicion of danger to himself, was still in- duced by pity to do honor to the defence of a most worthless man by his curule chair, by his own private dignity, and by that of his office as consul, then what reason is there for re- proaching the men of consular rank who gave Catiline the countenance of their presence ? " But the same men did not countenance those who were tried for their accession 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 attachment to the re- public, whose silent virtue and loyalty bears witness in behalf of every one of them, and needs no ornaments of language from anyone can anyone 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 overwhelmed? Who of them did not, with the greatest openness, and bravery, and earnestness, give his whole thoughts to the common safety? Nor need I confine what I say to the men of consular rank. For this credit is due to all those accomplished men who have been praetors, and indeed to the whole Senate in common ; so that it is plain that never, in the memory of man, was there more virtue in that order, greater attachment to the republic, or more consummate I 4 8 CICERO wisdom. But because the men of consular rank were especially mentioned, 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 influence, to preserve the republic. But what comes next? Do I, who never praised Catiline, who never as consul countenanced Catiline when he was on his trial, who have given evidence respecting the conspiracy against others do I seem to you so far removed from sanity, so forget- ful 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 preserve then- 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 re- call me to wisdom and consistency, still it is an instinct im- planted by nature, 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 anyone is convicted of any participation in this wicked- ness, the recollection of the safety of the city having been se- cured 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 been done by me more by chance and by good for- tune than by virtue and wisdom? "What, then, do you mean? Do you," someone will say, perhaps, " claim that a man shall be judged innocent, just because you have defended him? " But I, O judges, not only claim nothing for myself to which anyone can object, but I even give up and abandon pretensions which are granted and allowed me by everyone. I am not living in such a republic I have not exposed my life to all sorts of dan- gers for the sake of my country at such a time they whom I 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 appear an offensive thing for him who investigated the conspiracy, who laid it open, who crushed it, whom the Senate ORATION IN DEFENCE OF PUBLIUS SYLLA 149 thanked in unprecedented language, to whom the Senate de- creed a supplication, which they had never decreed to anyone before for civil services, to say in a court of justice, " I would not have defended him if he had ben 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 investi- gated 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 threat- ening everybody, when I was hearing many things, not believ- ing everything, but guarding against everything, not one word was said to me by anyone who gave information, nor did any- one hint any suspicion, nor was there the slightest mention in anyone's letters, of Publius Sylla. Wherefore I call you, O gods of my country and of my house- hold, to witness you who preside over this city and this em- pire you who have preserved this empire, and these our liber- ties, 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 noth- ing about this man, I 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 habits 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 dan- ger; 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 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. CICERO 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 acquit- ted by your decision, what honors has he, what comforts has he for the rest of his life, in which he can find delight or enjoy- ment ? His house, I suppose, will be adorned ; the images of his ancestors will be displayed ; he himself will resume his orna- ments 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 de- cision. 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 renown; 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 cannot 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 occasion- ally to congratulate his father, if not with his fortunes unim- paired, at least to congratulate 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. I 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 ? or what is there to make anyone think such an existence life at all? Lately Publius Sylla was a man of such consideration in the state that no one thought himself superior to him either in honor, or in influence, or in good fortune. Now, stripped of all his dignity, he does not seek to recover what has been taken away from him ; but he does entreat you, O judges, not to take from him the little which fortune has left him in his disasters namely, the permission to bewail his calamities in company with his parent, with his children, with his brother, and with his ORATION IN DEFENCE OF PUBLIUS SYLLA 151 friends. It would be becoming for even you yourself, O Tor- quatus, to be by this time satisfied with the miseries of my client. Although you had taken nothing from Sylla except the consul- ship, yet you ought to be content with that. For it was a con- test for honor, and not enmity, which originally induced you to take up this cause. But now that, together with his honor, everything else has been taken from him now that he is deso- late, crushed by this miserable and grievous fortune, what is there which you can wish for more ? Do you wish to deprive him of the enjoyment 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 torment ? 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 un- happy was that day on which Publius Sylla was declared consul by all the centuries ! O how false were the hopes ! how fleeting the good fortune ! how blind the desire ! how unreasonable the congratulations ! How soon was all that scene changed from joy and pleasure to mourning and tears, when he, who but a short time before had been consul elect, had on a sudden no trace left of his previous dignity. For what evil was there which seemed then to be wanting to him when he was thus stripped of honor, and fame, and fortune ? or what room could there be left for any new calamity ? The same fortune continues to pursue him which followed him from the first ; she finds a new source of grief for him ; she will not allow an unfortunate man to perish when he has been afflicted in only one way, and by only one disaster. But now, O judges, I am hindered by my own grief of mind from saying any more about the misery of my client. That consideration belongs to you, O judges. I rest the whole cause on your mercy and your humanity. You, after a rejec- tion of several judges, of which we had no suspicion, have sat as judges suddenly appointed to hear our cause, having been chosen by our accusers from their hopes of your severity, but having been also given to us by fortune as the protectors of our innocence. As I have been anxious as to what the Roman peo- ple thought of me, because I had been severe toward wicked I 5 2 CICERO men, and so have undertaken the first defence of an innocent man that was offered to me, so do you also mitigate that sever- ity of the courts of justice which has been exerted now for some months against the most audacious of men, by your lenity and mercy. The cause itself ought to obtain this from you; and besides, it is due to your virtue and courage to show that you are not the man to whom it is most advisable for an accuser to apply after having rejected other judges. And in leaving the matter to your decision, O judges, I exhort you, with all the earnestness that my affection for you warrants me in using, so to act that we, by our common zeal (since we are united in the service of the republic), and you, by your humanity and mercy, may repel from us both the false charge of cruelty. SPEECH IN DEFENCE OF AULUS LICINIUS ARCHIAS THE ARGUMENT Archias was a Greek poet, a native of Antioch, who came to Rome in the train of Lucullus, when Cicero was a child. He assumed the names of Aulus and Licinius, the last out of compliment to the Lu- culli, and Cicero had been for some time a pupil of his, and had retained a great regard for him. A man of the name of Gracchus now prosecuted him as a false pretender to the rights of a Roman citizen, according to the provisions of the Lex Papiria. But Cicero contends that he is justified by that very law, for Archias before com- ing to Rome had stayed at Heraclea, a confederate city, and had been enrolled as a Heraclean citizen; and in the Lex Papiria it was ex- pressly provided that those who were on the register of any con- federate city as its citizens, if they were residing in Italy at the time the law was passed, and if they made a return of themselves to the praetor within sixty days, were to be exempt from its .operation. However, the greatest part of this oration is occupied, not in legal arguments, but in a panegyric on Archias, who is believed to have died soon afterwards; and he must have been a very old man at the time that it was spoken, as it was nearly forty years previously that he had first come to Rome. 154 SPEECH IN DEFENCE OF AULUS LICINIUS ARCHIAS IF there be any natural ability in me, O judges and I know how slight that is ; or if I have any practice as a speaker and in that line I do not deny that I have some experience ; or if I have any method in my oratory, drawn from my study of the liberal sciences, and from that careful training to which I admit that at no part of my life have I ever been disinclined ; certainly, of all those qualities, this Aulus Licinius is entitled to be among the first to claim the benefit from me as his peculiar right. For as far as ever my mind can look back upon the space of time that is past, and recall the memory of its earliest youth, tracing my life from that starting-point, I see that Archias was the principal cause of my undertaking, and the principal means of my mastering, those studies. And if this voice of mine, formed by his encouragement and his precepts, has at times been the instrument of safety to others, undoubt- edly we ought, as far as lies in our power, to help and save the very man from whom we have received that gift which has en- abled us to bring help to many and salvation to some. And lest anyone should, perchance, marvel at this being said by me, as the chief of his ability consists in something else, and not in this system and practice of eloquence, he must be told that even we ourselves have never been wholly devoted to this study. In truth, all the arts which concern the civilizing and humaniz- ing of men, have some link which binds them together, and are, as it were, cemented by some relationship to one another. And, that it may not appear marvellous to any one of you, that I, in a formal proceeding like this, and in a regular court of jus- tice, when an action is being tried before a praetor of the Roman people, a most eminent man, and before most impartial judges, before such an assembly and multitude of people as I see around 155 156 CICERO me, employ this style of speaking, which is at variance, not only with the ordinary usages of courts of justice, but with the gen- eral style of forensic pleading; I entreat you in this cause to grant me this indulgence, suitable to this defendant, and as I trust not disagreeable to you the indulgence, namely, of al- lowing me, when speaking in defence of a most sublime poet and most learned man, before this concourse of highly educated citizens, before this most polite and accomplished assembly, and before such a praetor as him who is presiding at this trial, to enlarge with a little more freedom than usual on the study of polite literature and refined arts, and, speaking in the charac- ter of such a man as that, who, owing to the tranquillity of his life and the studies to which he has devoted himself, has but little experience of the dangers of a court of justice, to employ a new and unusual style of oratory. And if I feel that that indulgence is given and allowed me by you, I will soon cause you to think that this Aulus Licinius is a man who not only, now that he is a citizen, does not deserve to be expunged from the list of citizens, but that he is worthy, even if he were not one, of being now made a citizen. For when first Archias grew out of childhood, and out of the studies of those arts by which young boys are gradually trained and refined, he devoted himself to the study of writing. First of all at Antioch (for he was born there, and was of high rank there), formerly an illustrious and wealthy city, and the seat of learned men and of liberal sciences ; and there it was his lot speedily to show himself superior to all in ability and credit. Afterward, in the other parts of Asia, and over all Greece, his arrival was so talked of wherever he came, that the anxiety with which he was expected was even greater than the fame of his genius ; but the admiration which he excited when he had ar- rived, exceeded even the anxiety with which he was expected. Italy was at that time full of Greek science and of Greek systems, and these studies were at that time cultivated in Latium with greater zeal than they now are in the same towns ; and here, too, at Rome, on account of the tranquil state of the republic at that time, they were far from neglected. Therefore, the people of Tarentum, and Rhegium, and Neapolis, presented him with the freedom of the city and with other gifts ; and all men who were capable of judging of genius thought him deserving of their ac- IN DEFENCE OF AULUS LICINIUS ARCHIAS 157 quaintance and hospitality. When, from this great celebrity of his, he had become known to us 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 illustrious achievements to write 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 only to his genius and his learning, but also to his natural disposition and virtue, that it must be attrib- uted 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 age. He at that time gained the affection of Quintus Metel- lus, that great man who was the conqueror of Numidia, and his son Pius. He was eagerly listened to by Marcus JEmilius ; he associated with Quintus Catulus both with the father and the sons. It 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 them in the greatest honor. For, not only did everyone cultivate his ac- quaintance who wished to learn or to hear anything, but even everyone who pretended to have such a desire. 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 Lucul- lus, he came to Heraclea. And as that city was one which en- joyed 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 1 The Latin is praetextatus. Before he completion of the fourteenth year had exchanged the praetexta for the toga though it is certain that the completion vinhs. It has generally been thought of the fourteenth year was not always that the age at which this exchange was the time observed." Even supposing made was seventeen, but Professor Archias to have been seventeen, it ap- Long, the highest possible authority on pears rather an early age for him to all subjects of Latin literature, and es- have established such a reputation as g:cially on Roman law, says (Smith, Cicero speaks of, and perhaps, as not ictionary of Antiquities, v. Impubes), being at that time a Roman citizen, he The toga virihs was assumed at the probably did not wear the praetexta at Liberalia in the month of March; and all; the expression is not to be taken though no age appears to have been literally, but we are merely to under- positively fixed for the ceremony, it stand generally that he was quite a probably took place, as a general rule, young man. on the feast which next followed the 158 CICERO 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 con- federate 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 Rome for many years, he returned himself as a citi- zen to the prsetor, Quintus Metellus, his most intimate friend. If 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 invali- dated ? Will you deny that he 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 high- est 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 public registers of the Heracleans, which we all know were destroyed 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 im- possible for us to have ; to disregard the recollection of men, and to appeal to the memory of documents ; and when you have the conscientious evidence of a most honorable man, the oath and good faith of a most respectable municipality, to reject those things which cannot by any possibility be tampered with, and to demand documentary evidence, though you say at the same moment that that is constantly played tricks with. " But he had no residence 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 authority of a public document. For as the returns of Appius were said to have been kept care- lessly, and as the trifling conduct of Gabinius, before he was IN DEFENCE OF AULUS LICINIUS ARCHIAS 159 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 his citizen- ship, especially as he was enrolled as a citizen of other cities also ? In truth, as men in Greece were in the habit of giving rights of citizenship to many men of very ordinary qualifica- tions, and endowed with no talents at all, or with very moderate ones, without any payment, it is likely, I suppose, that the Rheg- ians,and Locrians,and Neapolitans, and Tarentines should have been unwilling to give to this man, enjoying the highest possi- ble 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 municipalities, 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 he 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 quaestor; 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 re- turned 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 he did not even himself consider 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. 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. 160 CICERO 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, un- less we were to cultivate our minds by the study of literature ; or that our minds could bear being kept so constantly 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 with- out being able to produce anything out of them for the common advantage, or anything 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 advantage 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 business, 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 speak- ing 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 anyone to be but moderate, at all events I know whence I derive those princi- ples 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 desired, except praise and honor, and that while pursuing those things all tortures of the body, all dangers of death and banishment are to be considered but of small im- portance, I should never have exposed myself, in defence 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 antiq- uity is full of precedents teaching the same lesson ; but all these IN DEFENCE OF AULUS LICINIUS ARCHIAS 161 things would lie buried in darkness, if the light of literature and learning were not applied to them. How many images of the bravest 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 before my eyes as examples for my own public conduct, have endeavored to mpdel my mind and views by continually thinking of those excellent men. Someone will ask, " What? were those identical great men, whose virtues have been recorded in books, accomplished in all that learning which you are extolling so highly ? " It is diffi- cult 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 ex- isted 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, moderate 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 learn- ing 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 certain system and training of edu- cation, then from that combination arises an extraordinary per- fection of character ; such as is seen in that godlike man, 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 prac- tice of virtue, would never have applied themselves to the study of it. Though, even if there were no such great advantage to be reaped 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 occu- pations 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 and comfort of adver- sity ; a delight at home, and no hinderance abroad ; they are companions by night, and in travel, and in the country. And if we ourselves were not able to arrive at -these advan- tages, nor even taste them with our senses, still we ought to ii 162 CICERO admire them, even when we saw them in others. Who of us was of so ignorant and brutal a disposition as not lately to be grieved at the death of Roscius? who, though he was an old man when he died, yet, on account of the excellence and beauty of his art, appeared to be one who on every account ought not to have died. Therefore, had he by the gestures of his body gained so much of our affections, and. shall we disregard the incredible movements of the mind, and the rapid operations of genius? How often have I seen this man Archias, O judges (for I will take advantage of your kindness, since you listen to me so attentively while speaking in this unusual manner) how often have I seen him, when he had not written a single word, repeat extempore a great number 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 de- fend him in every possible way? And, indeed, we have con- stantly 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 un- assisted work of nature, and was moved by the vigor of his own mind, and was inspired, as it were, by some oivine wrath. Wherefore rightly does our own 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; savage 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 Colopho- nians 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, and 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. IN DEFENCE OF AULUS LICINIUS ARCHIAS 163 They, then, claim a stranger, even after his death, because he was a poet ; shall we reject this man while he is alive, a man who by his own inclination and by our laws does actually be- long to us ? especially when Archias has employed all his genius with the utmost zeal in celebrating the glory and renown of the Roman people ? For when a young man, he touched on our wars against the Cimbri, and gained the favor even of Caius Marius himself, a man who was tolerably proof against this sort of study. For there was no one else so 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 someone 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 Ma- rius was also exceedingly attached to Lucius Plotius, because he thought that the achievement which he had performed could be celebrated by his genius. And the whole Mithridatic War, great and difficult as it was, and carried on with so much diver- sity 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 illustrious 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 general the army of the Roman people, with no very great numbers, 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 marvellous naval battle off Tenedos ; those trophies belong to us, those monuments are ours, those triumphs are ours. Therefore I say that the men by whose genius these ex- ploits are celebrated 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 164 CICERO 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 the 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 the panegyric. Therefore our ancestors received the man who was the cause of all this, a man of Rudiae, 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 anyone thinks that there is a smaller gain of glory de- rived 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 are narrow enough. Wherefore, if those achievements which we have performed are limited only by the bounds of the whole world, we ought to de- sire that, wherever our vigor and our arms have penetrated, our glory and our fame should likewise extend. Because, as this is always an ample reward for those people whose achievements are the subject of writings, so especially is it the greatest induce- ment 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 Mitylenaean, a relater of his actions, with the freedom of the city in an assembly of the soldiers? And those brave men, our countrymen, soldiers and country-bred men as they were, still being moved by the sweetness of glory, as if they were to some extent partakers of the same renown, showed their approbation of that action with a great shout. Therefore, I supose 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 sup- IN DEFENCE OF AULUS LICINIUS ARCHIAS 165 pose, 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, imme- diately ordered some of the things which he was selling at the moment to be given him as a reward, on condition of not writing anything more about him for the future. Would not he who 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 Luculli? especially when Metellus was so anxious to have his own deeds celebrated in writing, that he gave his attention willingly to poets born even at Cordova, whose poetry had a very heavy and foreign flavor. For this should not be concealed, which cannot possibly be kept in the dark, but it might be avowed openly: we are all in- fluenced 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 recording their con- tempt for renown and notoriety, they desire to have their own names known and talked of. Decimus Brutus, that most excel- lent 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 yEtolians, having Ennius for his companion, did not hesitate to devote the spoils of Mars to the muses. Wherefore, 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 re- veal my own feelings to you, O judges, and I will make a con- fession to you of my own love of glory too eager perhaps, 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 166 CICERO in defence of the life of the citizens and of the whole republic. And when I had heard his commencement, 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 reward 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 impose such labors on ourselves? Certainly, if the mind had no anticipations of posterity, and if it were to con- fine 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 cares 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. Do we all who are occupied in the affairs of the state, and who are surrounded by such perils and dangers in life, appear to be so narrow-minded, as, though to the last moment of our lives we have never passed one tranquil or easy moment, to think that everything will perish at the same time as ourselves? Ought we not, when many most illustrious men have with great care col- lected 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 the deeds which I was performing, all over the world for the eternal recollection of nations. And whether that delight is to be denied to my soul after death, or whether, as the wisest men have thought, it \vill 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 Archias, 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 IN DEFENCE OF AULUS LICINIUS ARCHIAS 167 men. And his cause is one which is approved of by the benevo- lence of the law, by the authority of his municipality, by the tes- timony of Lucullus, and by the documentary evidence of Metel- lus. And as this is the case, we do entreat you, O judges, if there may be any weight attached, I will not say to human, but even to divine recommendation in such important matters, to receive under your protection that man who has at all times done honor to your generals and to the exploits of the Roman peo- ple who even in these recent 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 regarding the habits of the forum or judicial usage, both concerning 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. SPEECH IN DEFENCE OF THE PROPOSED 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 command 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 command he had acted with great vigor and with complete success; destroying all the pirates' strongholds, and distributing the men them- selves 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 con- quered. During this period Lucullus had been prosecuting the war against Mithridates, and proceeding gradually in the reduction of Pontus; he had penetrated also into Mesopotamia, but had subsequently been distressed 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 campaign against the pirates, the consul Marcus Aquillius Glabrio was sent to supersede Lucullus in his command; but he was per- fectly incompetent to oppose Mithridates, who seemed likely with such an enemy to recover all the power of which Lucullus had deprived him. So in the year B.C. 66, while Glabrio was still in Bithynia, and Pompey in Asia Minor, Caius Manilius, a tribune of the people, brought forward a proposition, that, in addition to the command which Pompey already possessed, he should be invested with unlimited power in Bithynia, Pontus, and Armenia, for the purpose of conducting the war against Mithridates. The measure was strongly opposed by Ca- tulus and by Hortensius, but it was supported by Caesar, and by Cicero ; and the proposition was carried. 170 SPEECH IN DEFENCE OF THE PROPOSED MANILIAN LAW ALTHOUGH, O Romans, your numerous assembly has always 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 delivering an oration in, still I have been prevented from trying this road to glory, which has at all 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 ought to be brought to tliis 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 neces- sities of my friends. And accordingly, this place has never been unoccupied by men who were defending your cause, and my in- dustry, which has been virtuously and honestly employed about the dangers of private individuals, has received its most honor- able 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 speak- ing 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 anything 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 other things, I see that I have 171 1 72 CICERO 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 anyone; for I have to speak of the eminent and extraordinary virtue of Cnaeus Pompey ; and it is harder for me to find out how to 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 arguments, as moderation is employing them. And, that my oration may take its origin from the same source from which all this cause is to be maintained; an important 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 an 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 collec- tion of your revenues ; and they, in consequence 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. They say that many of the villages of Bithynia, which is at present a prov- ince belonging to you, have been burnt; that the kingdom of Ariobarzanes, which borders oh those districts from which you derive a revenue, is wholly in the power of the enemy; that Lucullus, after 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 by 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 Roman people is at stake; that glory which has been handed down to you from your ancestors, great indeed in every- thing, but most especially in military affairs. The safety of our IN DEFENCE OF THE PROPOSED MANILIAN LAW 173 friends and allies is at stake, in behalf of which your ancestors have waged many most important 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 you ought greatly to regard, both for your own sake, and for that of the republic. 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 king- dom, and to range among your revenues, in the broad light of Asia. Indeed up to this time your generals have been contend- ing with the king so as to carry off tokens of victory rather than actual victory. Lucius 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. Not but what praise is to be given to those generals for what they did. Pardon must be conceded to them for what they left undone; because the republic recalled Sylla from that war into Italy, and Sylla recalled Murena. But Mithridates employed all the time which he had left 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 ambassadors and letters as far as Spain to those chiefs with whom we were at war at the time, in order that, as you would by that means have war waged against you in the two parts of the world the farthest separated and most remote of all from one another, by two separate enemies warring 1 74 CICERO 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 Sertorius and from Spain, which had much the most solid foundation and the most formidable strength, was warded off by the divine wisdom and extraordinary valor of Cnaeus Pompeius. And on the other side of the empire, affairs were so managed by Lucius Lucullus, that most illustrious of men, that the beginning 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 Romans, 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. Your ancestors have often waged war on account of their merchants and seafaring men having been injuriously treated. What ought to be your feelings when so many thousand Roman citizens have been put to death by one order and at one time ? Because their ambassadors had been spoken to with insolence, your ancestors determined that Corinth, the light of all Greece, should be destroyed. Will you allow that king to remain un- punished, who has murdered a lieutenant of the Roman people of consular rank, having tortured him with chains and scourg- ing, and every sort of punishment? They would not allow the freedom of Roman citizens to be diminished; will you be indif- ferent to their lives being taken? They avenged the privileges of our embassy when they were violated by a word; vyill you abandon an ambassador who has been put to death with every sort of cruelty? Take care lest, as it was a most glorious thing for them, to leave you such wide renown and such a powerful empire, it should be a most discreditable thing for you, not to be able to defend and preserve that which you have received. What more shall I say? Shall I say, that the safety of our allies is involved in the greatest hazard and danger? King Ariobar- zanes has been driven from his kingdom, an ally and friend of IN DEFENCE OF THE PROPOSED MANILIAN LAW 175 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 magnitude of the danger to put its whole trust in the expectation of your assistance. They do not dare to beg of you any particular general, especially since you have sent them another, nor do they think that they can do this with- out extreme danger. 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 circumstance 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 cannot speak freely, silently entreat you to think them (as you have thought your allies in the other provinces) worthy of hav- ing 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 charac- ter, that, even if they protect them from the enemy, 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 longest time. Wherefore, if on account of their allies, though they them-_ selves had not been roused by any injuries, your ancestors waged war against Antiochus, against Philip, against the ^to- lians, and against the Carthaginians; with how much earnest- ness ought you, when you yourselves have been provoked by in- jurious treatment, to defend the safety of the allies, and at the same time, the dignity of your empire? 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 them- selves. 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 coun- tries. Therefore, O Romans, this province, if you have any re- I? 6 CICERO gard for what tends to your advantage in time of war, and to your dignity in time of peace, must be defended 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 disaster. 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 retail 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 calam- ity, but even from the dread of calamity? And even this must not be neglected by you, which I had pro- posed 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 wisdom, 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, if we have always con- sidered 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 other orders. In the next place, clever and industrious men, of all the other orders of the state, are some of them actually trading themselves in Asia, and you ought to show a regard for their interests in their absence; and others of them have large sums invested in that province. It 1 It has been said before that the publicans were taken almost exclusively from the equestrian order. IN DEFENCE OF THE PROPOSED MANILIAN LAW 177 will, therefore, become your humanity to protect a large num- ber of those citizens from misfortune; it will become your wis- dom to perceive that the misfortune of many citizens cannot be separated from the misfortune of the republic. In truth, firstly, it is of but little consequence for you afterward to recover 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 payments being hindered. For it is not possible for many men to lose their property and fortunes in one city, without drawing 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 inseparable from, those fortunes which are invested in Asia. Those fortunes cannot fall without credit here being un- dermined by the same blow, and perishing along with them. Consider, then, whether you ought to hesitate to apply your- selves with all zeal to that war, in which the glory of your name, the safety of your allies, your greatest revenues, and the fortunes of numbers of your citizens, wil be protected at the same time as the republic. 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 dili- gently 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 2 man, and to a most consummate general, I say 2 The Latin is " forti yiro, et sapientis- considered as an intellectual and moral simo homini," and this opposition of being namely, where personal qualities vir and homo is not uncommon in are to be denoted ; whereas vir signifies Cicero's orations. " Homo is nearly a man in his relations to the state." synonymous with vir, but with this dis- Riddle, Latin Dictionary, v. Homo, tinction, that homo is used of a man 12 178 CICERO that when he first arrived in Asia, the forces of Mithridates were most numerous, well appointed, and provided with every requi- site; 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 an enormous army, and that the siege had been pressed most vigorously, when Lucius Lucullus, by his valor, and perseverance, and wisdom, relieved it from the most ex- treme danger. I say that he also, when general, defeated and destroyed 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 Lucullus has not been praised as much from this rostrum by any one of these men who are ob- jecting to this law and arguing against our cause. Perhaps now it will be asked, how, when all this has been already done, there can be any great war left behind. I will ex- plain this, O Romans ; for this does not seem an unreasonable question. At first Mithridates fled from his kingdom, as Medea is formerly said to have fled from the same region 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 pur- sue her, in order that the collection of them, dispersed as they were, and the grief which would afflict his father, might delay the rapidity of his pursuit. Mithridates, 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 ances- tors, and which he himself had collected and brought into his own kingdom, having obtained them by plunder in the former IN DEFENCE OF THE PROPOSED MANILIAN LAW 179 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 retarded the father of Medea in his pursuit, but de- light delayed our men. In this alarm and flight of his, Tigranes, the king of Armenia, received him, encouraged him while de- spairing of his fortunes, gave him new spirit in his depression, and recruited with new strength his powerless condition. And after Lucius Lucullus 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 worshipped 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 suc- cessful 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 Mithridates had by this time strengthened 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 invari- ably the case, that kings when in misfortune easily induce many to pity and assist them, especially such as are either kings them- selves, or who live under kingly power, because to them the name of king appears something great and sacred. And ac- cordingly he, when conquered, 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 content (though that had happened to him beyond all his hopes) with again setting his foot on that land after he had been expelled 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 i8o CICERO came to Lucius Lucullus's ears, not by means of a messenger depatched 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 Lucullus, who might have been able, to a great extent, to remedy the calamity, being compelled by your orders, because you thought, according to the old principle of your ancestors, that limits ought to be put to length of command, discharged a part of his soldiers who had served their appointed time, and delivered over part to Glabrio. I 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 gen- eral of yours has to encounter after a veteran army has been de- feated. I appear to have said enough to make you see why this war is in its very nature unavoidable, in its magnitude dangerous. It remains for me to speak of the general who ought to be selected for that war, and appointed to the management of such impor- tant affairs. I wish, O Romans, that you had such an abundance of brave and honest men, that it was a difficult subject for your delibera- tions, whom you thought most desirable to be appointed to the conduct of such important affairs, and so vast a war. But now, when there is Cnaeus Pompeius alone, who has exceeded 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 anyone? For I think that these four qualities are indispensable in a great general knowledge of military affairs, valor, authority and good fortune. Who, then, ever was, or ought to have been, better acquainted with military affairs than this man? who, the moment that he left school and finished his education 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 soldier 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 anyone IN DEFENCE OF THE PROPOSED MANILIAN LAW 181 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 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, Transalpine War, Spanish War, pro- miscuous 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 encountered by this one man, but encountered vic- toriously; and these exploits show plainly that there is no cir- cumstance in military practice which can elude the knowledge of this man. But now, what language can be found equal to the valor of Cnasus Pompeius? What statement can anyone 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 fore- seeing; which all exist in as great perfection in that one man as in all the other generals put together whom we have either seen or heard of. Italy is my witness, which that illustrious con- queror himself, Lucius Sylla, 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 over- whelmed 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 de- struction of the Gauls. Spain is my witness, which has repeat- edly 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, en- treated aid from this man, though he was at a distance; and that war, having dwindled down and wasted away at the expectation of Pompeius, was destroyed and buried by his arrival. But now, also every coast, all foreign nations and countries, all seas, i8a CICERO both in their open waters and in every bay, and creek, and har- bor, 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 commit- ting himself to the hazard of death or slavery, either from storms or from the sea being crowded 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 generals put together in one year, or by one general 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 defence ? 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? But why do I speak of distant events? It was it was, in- deed, formerly a characteristic of the Roman people to carry on its wars at a distance from home, and to defend by the bul- warks 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 coming to you from foreign nations were taken prisoners, when even the am- bassadors of the Roman people were forced to be ransomed? Need I say, that the sea was not safe for merchants, when twelve axes 3 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 ignorant that the harbor of Caieta, that illustrious harbor, when full 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 carried off by 8 The Scholiast says that a consul prisoner by the pirates, and sold with named Milienus (whose name, however, his ensigns of office. The axes mean does not appear in the Fasti) was taken his fasces. IN DEFENCE OF THE PROPOSED MANILIAN LAW 183 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 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 within the Pillars of Hercules? And although you have sen 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 purpose of transacting business or making profit, con- trived in so short a time to visit so many places, and to perform such long journeys, with as great celerity as Cnseus Pompeius has performed his voyage, bearing with him the terrors of war as our 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 garri- sons 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 garrisons; and he himself going in person, added all Cilicia to the dominions of the Roman people, on the forty-ninth day after he set out from Brundusium. All the pirates who were anywhere to be found, were either taken prisoners and put to death, or else had sur- rendered themselves voluntarily to the power and authority of this one man. Also, when the Cretans had sent ambassadors to implore his mercy even into Pamphylia to him, he did not deny them hopes of being allowed to surrender, and he exacted host- ages from them. And thus Cnseus Pompeius at the end of win- ter 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 every nation and country was in- cessantly distressed. This is the godlike and incredible virtue of that general, 1 84 CICERO What .nore shall I say? How many and how great are his other exploits which I began to mention a short time back; for we are not only to seek for skill in war in a consummate and perfect general, but there are many other eminent qualities which are the satellites and companions of this virtue. And first of all, how great should be the incorruptibility of generals! How great should be their moderation in everything! how perfect their good faith ! How universal should be their affability! how brilliant their genius! how tender their humanity! And let us briefly consider to what extent these qualities exisi in Cnaeus Pompeius. For they are all of the highest importance, O Romans, but yet they are to be seen and ascertained more by comparison with the conduct of others than by any display which they make of themselves. For how can we rank a man among generals of any class at all, if centurionships * are sold, and have been constantly sold in his army? What great or hon- orable thoughts can we suppose that that man cherishes concern- ing the republic, who has either distributed the money which was taken from the treasury for the conduct of the war among the magistrates, out of ambition 5 to keep his province, or, out of avarice, has left it behind him at Rome, invested for his own advantage? Your murmurs show, O Romans, that you recog- nize, in my description, men who have done these things. But I name no one, so that no one can be angry with me, without making confession beforehand of his own malpractices. But who is there who is ignorant what terrible distresses our armies suffer wherever they go, through this covetousness of our gen- erals? 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 nations. 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 restrain his army; nor can he be strict in judg- ing others who is unwilling for others to be strict in judging * The Scholiast says that Cicero is large sums in soliciting the votes of here hinting at Glabrio the consul, or influential men. so as to be left in com- at the younger Marius. mand of the province of Asja, in which 8 Lucullus is supposed to be meant he had amassed enormous riches, here, as it is said that he had employed IN DEFENCE OF THE PROPOSED MANILIAN LAW 185 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 in- jury to any peaceful inhabitant? But now we have daily ru- mors ay, and letters too brought to Rome about the way in which the soldiers are behaving in their winter-quarters; not only is no one 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 fit 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. Come now, consider also what moderation he has displayed in other matters also. How was it, do you suppose, that he was able to display that excessive rapidity, and to perform that in- credible voyage? For it was no unexampled number of rowers, no hitherto unknown skill in navigation, no new winds, which bore him so swiftly to the most distant lands; but those circum- stances 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 luxury allured him to seek its delights; the illus- trious reputation of no city tempted him to make its acquaint- ance; even labor did not turn him aside rest. Lastly, as for the statues, and pictures, and other embellishments of Greek cities, which ^.ther men think worth carrying away, he did not think them worthy even of a visit from him. And, therefore, everyone in those countries looks upon Cnaeus Pompeius as someone descended from heaven, not as someone 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 ridicu- lous tradition. Now the splendor of your dominion is really brilliant in the eyes of those nations. Now they understand that it was not without reason that, when we had magistrates of the same moderation, their ancestors preferred being subjects 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, 186 CICERO 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 confidence in it? His hu- manity is such that it is difficult to say whether the enemy feared his valor more when fighting against him, or loved his mildness more when they had been conquered by him. And will anyone doubt, that this important war ought 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? And since authority has great weight in conducting wars, and in discharging the duties of military command, it certainly is not doubtful to anyone that in that point this same general is espe- cially pre-eminent. And who is ignorant that it is of great im- portance 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 affairs, to de- spise, 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 anywhere in the whole world any place so desert 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 Cnaeus 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 Cnseus Pompeius. The very day that he was appointed by you commander-in-chief of the maritime war, in a moment such a cheapness of provisions ensued (though previ- IN DEFENCE OF THE PROPOSED MANILIAN LAW 187 ously there had been a great scarcity of corn, and the price had been exceedingly high), owing to the hope conceived of one single man, and his high reputation, as could scarcely have been produced by a most productive harvest after a long period of peace. Now, too, after the disaster which befell 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 our enemies had risen, and the province was in a very insufficient state of defence, you would have entirely lost Asia, O Romans, if the fortune of the Roman people had not, by some divine interposition, brought Cnseus Pompeius at that particular moment into those regions. His arrival both checked Mithridates, elated with his unusual vic- tory, and delayed Tigranes, who was threatening Asia with a formidable army. And can anyone doubt what he will accom- plish by his valor, 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 terror of his name? Come, now ; what a great proof does this circumstance afford us of the influence of the same man on the enemies of the Roman people, that all of them, living in countries so far distant from us and from each other, surrendered themselves to him alone in so short a time? that the ambassadors of the Cretans, though there was at the time a general 6 and an army of ours in their island, came almost to the end of the world to Cnseus Pompeius, and said, all the cities of the Cretans were willing to surrender them- selves to him? What did Mithridates himself do? Did he not send an ambassador into Spain to the same Cnseus Pompeius? a man whom Pompeius has always considered an ambassador, but who that party, to whom it has always been a source of annoy- ance that he was sent to him particularly, have contended was sent as a spy rather than as an ambassador. 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 further increased by many subsequent 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 his good Metellus, afterward called Creticus, from his victory over the Cretans, 1 88 CICERO 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 Maxi- mus, Marccllus, to Scipio, to Marius, and to other great gener- als, not only on account of their valor, but also on account of their good fortune. For there has been, in truth, in the case of some most illustrious men, good fortune added as some contri- bution of the gods to their honor and glory, and as a means of performing mighty achievements. But concerning the good fortune of this man of whom we are now speaking, I 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. Ac- cordingly, 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 complied 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 cannot 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 per- fect knowledge of war, the most extraordinary valor, the most 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 republic? But, if Cnaeus Pompeius were a private individual at Rome at IN DEFENCE OF THE PROPOSED MANILIAN LAW 189 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 all the other exceeding advantages of the appointment, this op- portunity is also added that he is in those very countries al- ready 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 why do we not, under the guidance of the immortal gods themselves, 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 instances 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 unfavor- able to us, still it is possible for us, disregarding those authori- ties, to arrive at the truth by the circumstances of the case and by reason. And so much the more easily, because those very men- admit that everything 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 perfec- tion in Cnaeus Pompeius. What then, does Hortensius say? " 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 intrusted to one individual." That argument, however, has now become obsolete, having been refuted much more by facts than by words. For you, also, Quintus Horten- sius, 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 commander-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 had had greater weight with the Roman people than the safety and real 190 CICERO 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 dominion, when it was a common thing for the ambassadors, and praetors, and quaestors of the Roman people to be taken prisoners? when we were cut off from all supplies, both public and private, from all our provinces? when all the seas were so closed against us, that we could neither visit any private estate of our own, nor any public domain beyond the sea? What city ever was there before this time I speak not of the city of the Athenians, which is said formerly to have had a suffi- ciently extensive naval dominion ; nor of that of the Carthagin- ians, who had great power with their fleet and maritime re- sources; nor of those of the Rhodians, whose naval discipline and naval renown have 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 mari- time coast? But, forsooth, for many years before the Gabinian law was passed, the Roman people, whose name, till within our own memory, remained 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 practised 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 yEgean Sea, at which all men were in the habit of touching with their merchandise 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 ances- tors had bequeathed to you adorned with nautical trophies, and the spoils of the enemy's fleet. IN DEFENCE OF THE PROPOSED MANILIAN LAW 191 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 consulting its own feelings of indignation to your authority. Accordingly, 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 countries by land and sea. And on this account the endeavor to detract, shall I say from Gabinius, or from Pompeius, or (what would be truer still) from both? appears to me particularly unworthy; being done in order that Aulus Gabinius might not be appointed lieutenant to Cnae- us Pompeius, though he requested and begged it. Is he who begs for a particular lieutenant in so important a war unworthy to obtain anyone whom he desires, when all other generals have taken whatever lieutenants they chose, to assist them in pillag- ing the allies and plundering the provinces? or ought he, by whose law safety and dignity have been given to the Roman peo- ple, and to all nations, to be prevented from sharing in the glory of that commander and that army, which exists through his wis- dom and was appointed at his risk? Was it allowed to Caius Falcidius, to Quintus Metellus, to Quintus Caelius Laterensis, and to Cnseus 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 carried on under the provisions of the Gabinian law, and in the case of this commander and this army which he himself appointed with your assistance, ought to have the first right of anyone ? And concerning whose appointment as lieutenant I hope that the consuls will bring forward a motion in the Senate; and if they hesitate, or are unwilling to do so, I undertake to bring it forward myself; nor, O Romans, shall the hostile edict of anyone deter me from relying on you and de- fending your privileges and your kindness. Nor will I listen to anything except the interposition of the tribunes; and as to that, those very men who threaten it, will, I apprehend, consider 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 192 CICERO exploits in the maritime war; because the one, with the assist- ance of your votes, gave to that man alone the task of undertak- ing that war, and the other, when it was intrusted to him, under- took it and terminated it. It remains for me to speak of the authority and opinion of Quintus Catulus; who, when he asked of you, if you thus placed all your dependence on Cnseus Pompeius, in whom you would have any hope, if anything were to happen to him, received a splendid reward for his own virtue and worth, when you all, with almost one voice, cried out that you would, in that case, put your trust in him. In truth he is such a man, that no affair can be so important, or so difficult, that he cannot manage it by his wis- dom, 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 immortal gods allow it to do so. But let no inno- vation be established contrary to the precedents and principles of our ancestors. I will not say, at this moment, that our ances- tors 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 Span- ish War, were put an end to by one general ; that two most pow- erful 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 Marius, so that the same man conducted the war against Jugurtha, and against the Cimbri, and against the Teutones. But recollect, in the case of Cnseus 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. 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? He levied one. To command it? He did com- mand it. To succeed gloriously in his undertaking? He did succeed. What can be so entirely contrary to usage, as for a IN DEFENCE OF THE PROPOSED MANILIAN LAW 193 very young man, whose age 7 fell far short of that required 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 blamelessness, 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 triumph? But even that circum- stance 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 unusual, as, when there were two most gal- lant and most illustrious 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 someone 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 republic 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 extraordinary 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 celebrate a second triumph in pursuance of a resolution of the Senate? 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. 7 " As regards the age at which a per- quaestorship was thirty-one. Now as it son might become a senator, we have might happen that a qurestor was made no express statement for the time of a senator immediately after the expira- the republic, although it appears to have tion of his office, we mav presume that been fixed by some custom or law, as the earliest age at which a man could the setas senatoria is frequently men- become a senator was thirty-two. Au- tioned, especially during the latter pe- gustus at last fixed the senatorial age riod of the republic; but we may by at twenty-five, which appears to have induction discover the probable age. We remained unaltered throughout the time know that according to the law of the of the empire." Smith, Dictionary of tribune Villius the age fixed for the Antiquities, p. 851, v. Senatus. 13 194 CICERO Wherefore, let them take care that it is not considered a most unjust and intolerable thing, that their authority in matters af- fecting the dignity of Cnseus 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. Especially when the Roman people can now, of its own right, defend its own au- thority with respect to this man against all who dispute it be- cause, when those very same men objected, you chose him alone of all men to appoint to the management of the war against the pirates. If you did this at random, and had but little regard for the interests of the republic, then they are right to endeavor to guide your party spirit by their wisdom; but if you at that time showed more foresight in the affairs of the state than they did; if you, in spite of their resistance, by yourselves conferred dignity on the empire, 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 other 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 practice of modesty and self-government, still, such is the multitude 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 in- jurious 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 dominion, what temple do you think has had a sufficiently holy reputation, 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 pretence for making war on them for the sake of plundering them. I would willingly argue this with those most eminent and illustrious men, Quintus Cat- ulus and Quintus Hortensius ; for they know the distresses of the allies, they see their calamities, they hear their complaints. IN DEFENCE OF THE PROPOSED MANILIAN LAW 195 Do you think that you are sending an army in defence of your allies against their enemies, or rather, under pretence of the ex- istence of enemies, against your allies and friends themselves ? What city is there in Asia which can stand the ferocity and arro- gance, 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 tribune ? So that even if you have anyone who may appear able to cope in terms of advantage with the king's armies, still, 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 towards us which is rich? Do you think that there is any rich city there, which will appear to those men to be peacefully inclined towards us? The sea-coast, O Romans, begged for Cnaeus Pompeius, not only on account of his renown for military 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 cover- ing 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 retrieving past losses, and on what conditions, these men go to the provinces? As if Cnaeus Pompeius did not ap- pear 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 everything 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 of 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 de- liberating about war, no one's authority ought to have more weight with you. You have the authority of Caius Curio, a 196 CICERO man who has received great kindnesses from you, who has per- formed great exploits, who is endued with the highest abilities and wisdom; and of Cnaeus 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, therefore, 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. 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 anyone. And, first of all, I think you have the requi- site 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 pos- sessed, all the influence which I have through the kindness shown for me by the Roman 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. 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 re- quest of anyone, nor because I think to conciliate the favor of Cnseus Pompeius by taking this side, nor in order, through the greatness of anyone 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, pro- tected by our own innocence; and as for honors, we shall not gain them by the favor of any men, nor by anything tha.t happens in this place, but by the same laborious course of life which I have hitherto adopted, if your favorable inclination assists me. Wherefore, whatever I have undertaken in this cause, O IN DEFENCE OF THE PROPOSED MANILIAN LAW 197 Romans, I assure you that I have undertaken wholly for the sake of the republic; and I am so far from thinking that I 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 honors, 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. SPEECH IN DEFENCE OF TITUS ANNIUS MILO THE ARGUMENT Titus Annius Milo, often in the following speech called only Titus Annius, stood for the consulship while Clodius was a candidate for the praetorship, and daily quarrels took place in the streets between their armed 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 Africa, met him on his road. Milo was in his carriage with his wife, and was accompanied by a numerous retinue, 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 be- came 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 language he had proposed. Milo was convicted and banished to Marseilles. 200 SPEECH IN DEFENCE OF TITUS ANNIUS MILO 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 becoming, 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 appear- ance of a new J manner of trial alarms my eyes, which, wherever they fall, seek for the former customs of the forum and the an- cient 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 temples, although they are placed there as a protection against 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 defences, yet we cannot 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 Cnaeus Pompeius, a most wise and just man, strength- ens and encourages me; who would certainly neither think it suitable to 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 1 This was an extraordinary trial, held a Pompey was present at the trial, under a new law just passed by Pom- surrounded by his officers, and he had pey; and it was presided over, not by filled the forum and all its precincts the praetor, but by Lucius Domitius with armed men, for the sake of kecp- Ahenobarbus, who was expressly ap- ing the peace, pointed by the comitia president of the judges on this occasion. 201 202 CICERO only to be calm, but even to be courageous; nor do they prom- ise 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 result 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. 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 3 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 com- parison with your safety. Wherefore, be of good courage, 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 deserved well of their country, if ever an oppor- tunity 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 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 aban- doned citizens, we shall at length be reprieved and set up again by you, your loyalty, your virtue, and your wisdom. For what, O 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 rewards, yet cannot 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 be- cause 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 8 Munatius Plancus, the day before, had exhorted the people not to suffer Milo to escape. SPEECH IN DEFENCE OF TITUS ANNIUS MILO 203 honorable men of all ranks are sitting as judges, I never imag- ined 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 de- fence against this accusation, unless you see with your own eyes that a plot was laid against Milo by Clodius; and we shall not entreat you to pardon us this one offence in consideration of our many eminent services to the republic, nor shall we demand, if the death of Publius Qodius was your safety, that on that ac- ' count 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 de- mand of you, O judges, that, if we have lost everything else, this at least may be left us namely, the privilege of defending our lives from the audacity and weapons of our enemies with im- punity. But before I come to that part of my speech which especially belongs to this trial, it seems necessary to refute those things which have 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 re- moved, 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 these most foolish men using this argument? In this one, forsooth, where the first trial for a man's life 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 assembly of the Roman people, though he avowed that his sister had been slain by his hand. Is there anyone 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, 204 CICERO answered that he seemed to have been rightly slain. For neither could Servilius Ahala, that eminent 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 legendary 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 ac- quitted 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 anyway, but a robber by day if he defends himself, w r ith 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 sw r ord to kill a man with is put into our hands by the very laws themselves? 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 violence 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 dan- ger, rather than to suffer infamously; and his illustrious com- mander acquitted him of all guilt, and treated him well. But what death can be unjust when inflicted on a secret plotter and robber? 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 with us which we have not learned, or re- ceived 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. SPEECH IN DEFENCE OF TITUS ANNIUS MILO 265 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 anyone 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 principle be remembered by you in this trial, O judges; for I do not doubt that I shall make good my defence before you, if you only remember what you cannot forget that a plotter against one may be lawfully slain. 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 concealed 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 4 tribune of the people show the fact ; assemblies in which he daily used to try and bring my power into unpopularity, by saying that the Senate 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 great ser- vices 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 opposition to the madness of the wicked. 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 ; nor did the death of Publius Clodius cause the Senate such con- cern and sorrow that any new process of investigation need have been appointed ; for when the Senate had had the power of de- 4 After Clodius's death, Munatius made a pile of the seats to burn it, in Plancus, the tribune, exposed his body doing which they burnt the Senate- on the rostrum, and harangued the peo- house, and Plancus himself with dif- ple against Milo; the populace carried ficulty escaped, the body into the senate-house, and 206 CICERO creeing a trial in the matter of that impious pollution of which he was guilty taken from it, who can believe it thought it neces- sary 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 interest of the republic? 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 defending 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 Saturnius were put down, even if they ended as the welfare of the republic demanded, were yet no wound and injury to the republic. Therefore I myself voted, when it was notorious that a homi- cide had taken place on the Appian road, not 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 expressed my disap- probation of the business. And if the Senate had not been hin- dered by that frantic tribune from executing its wishes, we 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 mention the worthless- ness of everyone, and so the rest of the authority of the Senate was destroyed by this corrupt intercession. " 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 Appian road, in which Publius Clodius was slain." What then did he propose ? That an inquiry should be made. What is to be in- quired about? Whether it was committed? That is clear. By whom ? That is notorious. He saw that a defence as to the law and right could be undertaken, even at the very moment of the confession of the act. But if he had not seen that he who con- fessed might yet be acquitted, when he saw that we did not con- fess the fact, he would never have ordered an investigation to SPEECH IN DEFENCE OF TITUS ANNIUS MILO 207 take place, nor would he have given you at this trial the power 5 of acquitting as well as that of condemning. But it seems to me that Cnaeus 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 defence 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 regard for Publius Clodius, or from a compliance with the times. A most noble man, a bulwark, and in those times, indeed, almost a protector of the Senate, the uncle of this our judge, of that most fearless man Marcus Cato, Marcus Drusus, a trib- une of the people, was slain in his own house. The people 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 inevitable death of that man whom, if possible, all would have wished to be immortal ? Was there, then, any extraordinary investigation into the death of Africanus 8 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 citizens. 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 ' Literally, " this wholesome letter, as bed without a wound. The cause and well as that melancholy one." The let- manner of his death were unknown; ter A was the " wholesome " letter, be- some said it was natural ; some, that he ing the initial of absolvo, I acquit; the had slain himself; some, that his wife letter C the melancholy one, being the Sempronia, the sister of Gracchus, had initial of condemno, I condemn. strangled him. His slaves, it was said, After the death of Tiberius Gracchus, declared that some strangers had been Publius jEmilianus Africanus Scipio, introduced into the house at the back, the conqueror of Carthage and Numan- who had strangled him, and the trium- tia, was known to be hostile to the vir Carbo is generally believed to have agrarian law, and threw every obstacle been the chief agent in his murder, and in the way of it; his enemies gave out is expressly mentioned as the murderer that he intended to abrogate it by force. by Cicero, Ep. ad Q. Fr. ii. 3. One morning he was found dead in his 208 CICERO than he who murders one of low degree ; or, as if the death of Publius Clodius is to be more criminal because he was slain among the monuments of his ancestors for this is constantly said by that party ; as if, I suppose, that illustrious Appius Csecus 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. Therefore in that same Appian road, when Publius Clodius had slain a most accomplished Roman knight, Marcus Papir- ius, 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 formerly, when stained with the murder of an honorable and innocent man, is 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 arrested in the temple of Castor, whom he had placed there to murder Cnaeus Pompeius ; the dagger was wrested from his hands and he confessed his design ; after that Pompeius absented himself from the forum, absented himself from the Senate, and from all public places ; he defended himself within his own doors and walls, not by the power of the laws and tribunals. Was any motion made ? was any extraordinary investigation voted ? But if any circumstance, if any man, if any occasion was ever important enough for such a step, certainly all these things were so in the greatest degree in that cause. The as- sassin 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. Moreover, 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 be- cause it was not accomplished, just as if the execution of crimes was chastised by the laws, and not the intentions of men cer- tainly there was less cause to grieve, as the deed was not accom- plished, 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 Clodius ! But if my good fortune, or that of the republic, had not preserved me from SPEECH IN DEFENCE OF TITUS ANNIUS MILO 209 them, who would have proposed any investigation into my death ? But it is foolish of us to dare to compare Drusus, Africanus, 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 mourning; the knights grieve ; the whole state is broken down as if with age ;the munic- ipalities 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 investigation ought to be proposed by him ; but being a man wise and endowed with lofty and al- most divine intellect, he saw many things that Clodius was his personal enemy, Milo his intimate friend ; he feared that, if he were to rejoice in the common joy of all men, the belief in his re- conciliation with Clodius would be weakened. He saw many other things, too, but this most especially that in whatever terms of severity he proposed the motion, still you would decide fearlessly. Therefore, he selected the very lights of the most eminent ranks of the state. He did not, indeed, as some are constantly 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 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 unable to avoid selecting men who were well-disposed toward me. But as for his especially appointing you, O Lucius Domitius, to preside over this investigation, in that he was seeking noth- ing except justice, dignity, humanity, and good faith. He passed a law that it must be a man of consular dignity, because, 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 14 210 CICERO most striking proofs how you despised the madness of the people. Wherefore, O judges, that we may at last come to the sub- ject of action and the accusation, if it is neither the case that all avowal of the deed is unprecedented, nor that anything has been determined about our cause by the Senate differently 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 preside 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 plot- ted against the other ; and that you may the more easily discern this, attend carefully, I entreat you, while I briefly explain to you the matter as it occurred. When Publius Clodius had determined to distress the repub- lic by all sorts of wickedness during his prsetorship, 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 singular virtue, for his colleague, and also to have an entire year to man- gle 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, 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 election, 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 proportion as the one caused greater confusion, so did the other acquire additional power every day. When the fellow, prepared for every atroc- ity, saw that a most brave man, his greatest enemy, was a most certain consul, and that that was declared, not only by the con- versation of the Roman people, but also by their votes, he began SPEECH IN DEFENCE OF TITUS ANNIUS MILO 211 to act openly, and to say without disguise that Milo must be slain. He had brought down from the Apennines rustic and barba- rian slaves, whom you saw, with whom he had ravaged the pub- lic woods and Etrnria. The matter was not concealed at all. In truth, he used to say undisguisedly that the consulship 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, asked 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 report- ed to Marcus Cato, who is here present. In the mean time, as Clodius knew and it was not hard to know it that Milo was forced to take a yearly, legitimate, nec- essary journey on the twentieth of January to Lanuvium to appoint a priest, 7 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 present 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. 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 returned, if, 'indeed, he had been coming to Rome that day. Clodius meets him unencumbered on horseback, with no carriage, with no baggage, with no Greek companions, as he was used to, without his wife, which was scarcely ever the case ; while this plotter, who had taken, forsooth, that journey for the express purpose of murder, was driving with his wife in a carriage, in a heavy travelling cloak, with abundant baggage, and a delicate com- pany of women, and maid servants, and boys. He meets Clo- dius 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 T It was the priest of Juno Sospita, who was the patroness of Lanuvium. 212 CICERO 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 men who were with Clodius drew their swords, and some of them ran back toward his char- iot 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 pres- ence 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 onto the shoulders of others, but I am saying what really oc- curred) did, without their master either commanding it, or knowing it, or even being present to see it, what everyone would have wished his servants to do in a similar case. These things were all done, O judges, just as I have related them. The man who laid the plot was defeated ; violence was defeated by violence; or, I should rather say, audacity was crushed by valor. I say nothing about what the republic, noth- ing about what you, nothing about what all good men gained by the result. I do not desire it to be any advantage to me to hear that he was born with such a destiny that he was unable even to save himself, without at the same time saving the repub- lic and all of you. If he had not a right to do so, then I have nothing which I can urge in his defence. But if both reason has taught this lesson to learned men, and necessity to barba- rians, and custom to all nations, and nature itself to the beasts, that they are at all times to repel all violence by whatever means they can from their persons, from their liberties, and from their lives, then you cannot decide this action 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 SPEECH IN DEFENCE OF TITUS ANNIUS MILO 213 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 consideration 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 merits of the case, and not into the fact of its existence. 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 im- punity. 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 cannot be induced to commit crimes by any advan- tage whatever, wicked men often can by a very trifling one. And, if Milo were slain, Clodius gained this, not only that he should be praetor without having him for a consul, under whom he would not be able to commit any wickedness, but also that he should have those men for consuls while he was praetor, who, if they did not aid him, would at all events connive at all his pro- ceedings to such an extent that he hoped he should be able to es- cape detection in all the frantic actions which he was contem- plating ; 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 2i 4 CICERO 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 destroy 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 splendid present, that instrument for dis- charging the duties of the tribuneship, to someone, if you could obtain his election, who would discharge those duties according to your directions. And he was going to divide the freed- men 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 received their freedom, so that they might vote equally with the free citizens]. 8 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? For all of us I can- not venture to say all that I was going to say. But do you con- sider what enormous faults the law itself must have had, when the mere mention of it, for the purpose of finding fault with it, is so offensive. And he looked at me with the expression of countenance which he was in the habit of putting on when he was threatening everybody with every sort of calamity. That light of the senate-house moves me. 8 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? 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, half consumed by a lot of miserable logs, to be torn 8 The passage in brackets is a very 8 Cicero here supposes Sextus Clodius doubtful supplement of Beier; which, to look menacingly at him, in order to however, Orellius prefers to any other. check him in his attack on this intended law. SPEECH IN DEFENCE OF TITUS ANNIUS MILO 215 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 cannot praise you, I certainly ought not to be angry with you. [I have demonstrated now, O judges, of what great conse- quence 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 Mile's hope of obtaining the consulship. But he was obtaining it in spite of him. Ay, I might rather say he was obtaining it all the more because Clodius was opposing him ; nor in fact was I a more efficient support to him than Clodius was. The recollec- tion, 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. For who of the citizens was there who could turn his eyes to the unre- strained praetorship of Publius Clodius, without feeling the greatest dread of a revolution ? and unrestrained you saw that it would be unless you had a consul who had both courage and power to restrain him ; and as the whole Roman people saw that Milo alone was that man, who could hesitate by his vote to re- lease himself from fear, and the republic from danger ? But now, now that Clodius is removed, Milo has got to labor 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 re- press 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 any one of the citizens ; he has lost that incessant arena for his valor, that which procured him votes for the consulship, that ceaseless and ever-springing fountain of his glory. There- fore, Mile's canvass for the consulship, which could not be hin- dered from prospering while Clodius was alive, now, the mo- ment that he is dead, is attempted to be checked. So that the death of Clodius is not only no advantage, but is even a positive injury to Milo. 216 CICERO " Oh, 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 ap- pease his private indignation." But what will you say if these feelings, I do not say existed in a greater degree in Clodius 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 be- yond 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 goes, with which we hate all worth- less men ? There was plenty of reason for Clodius to hate Milo, first, as the defender of my safety ; secondly, as the represser of his frenzy, the defeater of his arms ; and lastly, also, as his prose- cutor. For Clodius was liable to the prosecution of Milo, ac- cording to the provisions of the Plotian law, as long as he lived. And with what feelings do you suppose 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. It remains for me now to urg>e his natural disposition and his habits of life in the defence of the one, and the very same things as an accusation against the other. Clodius, I suppose, had never done anything by violence ; Milo had done everything 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 restor- ation, except that I had been unjustly driven out? Clodius, I suppose, had commenced a formal prosecution against me ; he had named a sum as damages ; he had commenced an action for high treason ; and, I suppose, too, I had cause to fear your de- cision 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 malefac- tors. 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 SPEECH IN DEFENCE OF TITUS ANNIUS MILO 217 Vibienus, a senator, a most excellent man, who was with Hor- tensius, 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 vio- lence 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 splen- did opportunities he had of doing so ! Might he not have avenged himself without violating the law when he was defend- ing 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 colleague, was wounded ? might he not have done so when that most excellent man, Quintus Fabricius, while carrying a bill for my restora- tion, 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 Caecilius, 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 recognized and adopted as its own the glory of that action ? so that, even if Milo had performed it, the whole state would claim the praise of it as belonging to itself? And what a time was it ? A most illustrious and fearless con- sul, Publius Lentulus, an enemy to Clodius, the avenger of his wickedness, the bulwark of the Senate, the defender of your inclinations, the patron of that general unanimity, the restorer of my safety ; seven praetors, eight tribunes of the people, ad- versaries of him, defenders of me ; Cnseus Pompeius, the prime mover of and chief agent in my return, his open enemy ; whose opinion respecting my return, delivered in the most dignified 218 CICERO and most complimentary language, the whole Senate adopted ; he who exhorted the whole Roman 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 ex- cited against him, while their minds were inflamed with as ear- nest a regret for me ; so that if anyone had slain him at that time, people's thoughts would have been, not how to procure impu- nity 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 attack was made on Cnseus Pompeius, while speaking in defense of Milo, was there not then not only an admirable opportunity of, but a reasonable pretext for slaying him ? 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 were 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 incur- ring 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 swords drawn and stones thrown, and then on a sudden, terrified 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. If then he did not choose to slay him, when he might have done so with the gratitude of everyone, 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 had both place and time in his favor, when he might have done so with impunity, can we believe that he did SPEECH *N DEFENCE OF TITUS ANNIUS MILO 219 not hesitate to slay him unjustly at a time and place which sup- plied him with no excuse for the deed, when it was at the haz- ard of his life ? especially, 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 everything, 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 everyone's countenance, at everyone'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 ? 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 king as soon as Milo was slain. What shall I say more ? This is the very mainspring of audac- ity, O judges, for who is there who does not know that the greatest temptation of all to do wrong is the hope of impunity ? 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 necessary one ; or in Clodius ? who had shown such contempt for courts of justice and punish- ment, that he took no pleasure in anything which was not either impious, from its disregard of the prohibitions of nature, or ille- gal, from its violation of law. But what am I arguing about ? why do I keep on disputing at greater length ? I appeal to you, O Quintus Petillius, a most virtuous and fearless citizen ; I call you to witness, O Marcus Cato ; whom some heavenly interposition has given me for judges. 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 execution. 220 CICERO When he did not hesitate to reveal what he was thinking of, can you have any doubt what he did ? 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 Lanuvium. He saw that it was necessary for Milo to go to Lanuvium on the very day in which he did go therefore, he anticipated him. But on what day ? 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 premed- itated crime. Therefore, he had not only no reason for going on a journey, but he had even a reason for stopping at home. 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 ? For, first of all, I ask, how could Milo know it ? a question which you cannot ask respecting Clo- dius. For even if he had not asked anyone beyond his own intimate friend Titus Patina, he could have ascertained from him that on that particular day a priest must absolutely be ap- pointed 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 evi- dence 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 Rome 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 sud- den 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. SPEECH IN DEFENCE OF TITUS ANNIUS MILO 221 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 someone of more importance than he. Those abject and profligate men, for- sooth, 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 contemplated 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 Alban villa." Yes, he meant to remain there, if he did not rather 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 he bring any news about Cyrus, whom Clodius had left at Rome on his death-bed ? I was with him ; I signed his will as a witness together with Clodius ; 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? 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 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 arrived at Rome early the next morning ? 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 222 CICERO 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 have believed 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 robbers, 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 plundered by him, or stripped of all their property by him, many, too, who were in constant fear of such misfor- tunes, 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 his 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 tnat all things up to this point are plain and consistent. That it was even desirable for Milo that Clodius should live; that for Clodius the death of Milo was the most advantageous 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 it; that Milo had been threatened by him with death, and that his death had been openly predicted by him ; that no such expression had ever been heard from Milo ; that the day of Mile'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 openly declared that on that day he should set out from Rome, that the other had concealed the fact of his intending to return on that day ; that the one had in no respect whatever changed his intention, that the other had invented a false pretence for changing his mind ; that the one, if he were plotting, would naturally wish night to come on when he was near the city, while an arrival at the city by night was to 223 be feared by the other, even if he had no apprehension of dan- ger from this man. 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 ? In front of Clodius's farm that farm on which, on account of those absurd erections and excavations for foun- dations 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? 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 think- ing no evil, when one of the two was driving in a chariot wrapped up in a mantle, with his 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, ham- pered with a carriage, and fettered, as it were, by his wife cling- ing to him ? Look, 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 ? De- lay ; he wanted to waste the time. He did not choose to leave the spot till Milo arrived. Come, now, compare the journey of this unencumbered ban- dit with all the hinderances which beset Milo. Before 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 224 CICERO when he was hastening to the camp in Etruria ; 10 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 musi- cal 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 them picked men. Why, then, was he defeated ? Because the traveller is not always murdered by the robber; sometimes the robber is killed by the traveller; because, al- though 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 was always aware how greatly it concerned the interest of Pub- lius 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 death. Why, then, has Milo emancipated them? He was afraid, I suppose, lest they should give information against him; lest they should be unable to bear pain ; lest they should be com- pelled 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 ? He was slain. Whether he was 10 That is, to Manlius's camp in Etru- in which, in all probability, Clodius was ria at the time of Catiline's conspiracy, implicated. SPEECH IN DEFENCE OF TITUS ANNIUS MILO 225 slain lawfully or unlawfully? That is beyond the province of the torturer. For the rack can only inquire into the fact ; it is the bench of judges that must decide on the law. Let us, then, here confine our attention to what must be in- vestigated in this trial. All that you can want to find out by tortures we admit. But if you prefer asking why he emanci- pated his slaves, rather than why he gave them inadequate re- wards, you are but a bungling hand at finding fault with an enemy. For Marcus Cato, who says everything 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 worthy 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 vir- tuous, 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 wounds. And if he had not emancipated them, then those pre- servers of their master, those avengers of wickedness, those defenders of their master from death, must have even been sur- rendered to torture. But in all these misfortunes the most com- fortable reflection which Milo has is, that, even if anything should happen to himself, still he has given them the reward which they deserved. But now 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 wit- nesses against their master, except on accusations of impiety, as was the case in the prosecution instituted against Clodius. Clodius has been raised nearly to the gods, more nearly than even when he penetrated into their sanctuary, when an investi- gation into the circumstances of his death is carried on like one into a profanation of sacred ceremonies. But still, our ances- 15 226 CICERO tors did not think it right that slaves should be examined as wit- nesses 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? Holloa, you Rufio (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 say- ing so. " Certainly not." He has hopes of obtaining his lib- erty. What can be more certain than this mode of examina- tion ? The men are suddenly carried off to be examined ; they are separated from all the rest, and put into cells 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 pro- duced as witnesses by the prosecutor himself. What can be imagined more upright than this sort of examination ? What can be more free from all suspicion of corruption ? And if you do not yet see with sufficient clearness (though the transaction is evident of itself by so many and such irresisti- ble arguments and proofs), that Milo was returning to Rome with a pure and guiltless intention, with no taint of wick- edness, under no apprehension, without any consciousness 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 magnanimity which he displayed ; how he looked, and what he said. 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 " the whole republic, all the youth 11 The disturbances on the death of for the examination of witnesses, and Clodius arose to such a height, that the on the fourth day the accuser was only Senate at last passed a resolution that allowed two hours to enforce the ac- Marcus Lepidus the Interrex, assisted cusation, and the defendant three hours by the tribunes of the people and Pom- to speak in his defence. Ccelius en- peius, should take care that the republic deavored to arrest these laws by his received no injury. And at last the veto as tribune, declaring that they were Senate appointed Pompeius consul with- framed solely with a vjew to crush Milo, out a colleague, who immediately pub- whom Pompeius certainly desired to get lished several new laws, and among rid of; to effect which he even descended them the one under which this trial was to the artifice of pretending to believe conducted, and he now limited the dura- that Milo had laid a plot to assassinate tion of trials, allowing only three days him. SPEECH IN DEFENCE OF TITUS ANNIUS MILO 227 of Italy, and all the arms of the Roman people. And surely he never would have put himself in his power, if he had not been confident in the justice of his cause ; especially as he was one who heard everything, and feared great danger, and suspected many things, and even believed some. The power of con- science 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 pun- ishment is always hanging over them. Nor, indeed, is it without good reason that Mile'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 him- self. Have you forgotten, O judges, when the news of Clo- dius's death was still recent, the opinions and the language which were held, not only by Milo's enemies, but also by other ignorant people ? They said that he would not return to Rome at all. For if he had committed the deed in a passionate and excited mood, so that he had slain his enemy while under the influence of strong hatred, they thought that he would con- sider the death of Publius Clodius an event of such importance, that he would bear being deprived of his country with equanim- ity, as he had sated his hatred in the blood of his enemy ; or, if he had deliberately intended to deliver his 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 equanimity to the laws, to carry off with himself everlasting renown, and to leave those things to us to enjoy which he had preserved for us himself. Many also spoke of Catiline and the monsters of his train. " We shall have another Catiline breaking out. He will oc- cupy some strong place ; he will make war on his country." Wretched sometimes is the fate of those citizens who have faith- fully served the republic ! when men not only forget the illustri- ous exploits which they have performed, but even suspect 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. What shall I say of the charges which were afterward heaped 228 CICERO upon him ? which would have crushed anyone who was con- scious of even trifling offences. 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 guilty man, were he ever so high-minded, and, indeed, no innocent man, unless he were also a most fear- less 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 carried down the Tiber to his villa at Oric- ulum ; that his house on the Capitoline Hill was full of shields ; that every 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 thor- oughly investigated. I praised, indeed, the incredible diligence of Cnaeus Pompeius ; but still I will say what I really think, O judges. Those men are compelled to listen to too many statements ; indeed, they cannot do otherwise, who have the whole republic intrusted to them. It was necessary even to listen to that eat- ing-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 en- gaged in a conspiracy to assassinate Cnaeus Pompeius, and that he himself was afterward stabbed by one of them to prevent him from giving information. He went to Pompeius'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 once believed, that the confession of the slaves should be listened to, and that a wound in the side, which looked like the prick of a needle, should be admitted to be a wound inflicted by a gladiator. But, as I take the fact to have been, Pompeius was rather taking precautions than feeling any actual alarm, guarding not only against those things which it was reasonable to fear, but also against every- thing which could possibly disquiet you. SPEECH IN DEFENCE OF TITUS ANNIUS MILO 229 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 Cnaeus 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. Every word was ascertained to be a false and treacherous in- vention. And if people are even now afraid of Milo, we are not now under apprehension because of the charge respecting Clo- dius, but we are shuddering at your suspicions at yours, I say, O Cnaeus Pompeius (for I address you yourself, 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 re- cruiting sergeants pretend if these arms if these cohorts in the Capitol if these watchmen, these sentinels 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 com- mand, and all Italy is armed against this one man. But who is there who does not understand that all the diseased and feeble parts of the republic were intrusted to you, O Pompeius, 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 ; 230 CICERO that he had often contended against that most foul pest on be- half of your glory ; that his conduct in his tribuneship had been entirely regulated by your counsels for the protection of my safety, which was an object very dear to you ; that he afterward had been defended by you when in danger of his life, 12 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 hesita- tion, 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 witness in his favor, as he now does. See, now, how various and changeable is the course of human life, how fickle and full of revolutions is fortune; what in- stances of perfidy are seen in friends, how they dissemble and suit their behavior to the occasion ; when dangers beset one, how one's nearest connections fly off, and what cowardice they show. The time will come, ay, will most certainly 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 con- dition, 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, 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 Cnaeus 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 Sen- 12 When Clodius was aedile, he insti- heard, he made a long speech, lasting tuted a prosecution against Milo for three hours, in his defence. The trial violence. Pompeius, Crassus and Cicero was adjourned from February till May. appeared for him; and though Clodius's and does not appear to have ever been mob raised a great uproar, and endea- brought to a regular termination, vored to prevent Pompeius from being SPEECH IN DEFENCE OF TITUS ANNIUS MILO 231 ate has intrusted to him the charge of taking care " that the republic suffered no injury," by which one line the consuls have always been sufficiently 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 repress the designs of that man who was seek- ing 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 Milo ; when he passed a law by which, as I conceive, he was bound to be ac- quitted by you at all events, as all men allow, might legally be acquitted. But when he sits in that place, surrounded by all those bands of public guards, he declares plainly enough that he is not striking terror into you (for what could be less worthy of him than to condemn a man whom he himself 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. Nor, O judges, am I at all moved by the accusation respect- ing Clodius. Nor am I so insane, and so ignorant of, and in- experienced 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 Mselius, who fell under the suspicion of aiming at kingly power by lowering the price of corn, and by squandering 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, abrogated the magistracy of his own colleague, whose slayers have filled the whole world with the renown of their name ; but him " (for he would venture to name him when he had delivered his country at his own risk) " who was detected in the most infamous adultery in the most sacred shrine, by most noble women ; him, by the execution of whom the Senate has repeatedly resolved that solemn religious 232 CICERO observances required to be propitiated ; him whom Lucius Lu- cullus, when he was examined 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, who gave kingdoms, took them away, and distributed the whole world to whomsoever he pleased ; him who, after having committed numberless murders 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, whether it was a deed of atrocity or of lust; him, who burnt the temple of the nymphs, in order to extinguish the pub- lic record of the census which was committed to the public reg- isters ; lastly, him who acknowledged no law, no civil rights, no boundaries to any man's possessions, who sought to obtain other people's estates, not by actions at law and false accusa- tions, 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 pos- sessions, 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 death if they did not abandon to 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 SPEECH IN DEFENCE OF TITUS ANNIUS MILO 2 33 most faithful friendship, while he was absent, out of the posses- sion of his farm ; who determined to run a wall across the vesti- bule 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 sis- ter of her vestibule, but of all access to her house, and of her own threshold." Although all these things appeared such as might be endured although he attacked with equal fury the republic, 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 rela- tions ; yet somehow or other the incredible 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 noth- ing 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 restrained himself from your chil- dren and from your wives. Do you think that these things are inventions of mine ? They are evident ; they are notorious to everyone ; they are proved. Is it an invention of mine that he was about to enlist an army of slaves in the city, by whose in- strumentality he might take possession of the whole republic, and of the private fortune of everyone ? 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 re- strain by any laws, or by any judicial proceedings whatever; 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 announcement? 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 recollection can reach back, Titus Annius has done the republic the greatest service ; that of all 234 CICERO men he has diffused the greatest joy among the Roman people, and over the whole of Italy, and throughout all nations? I cannot form a conception of what would have been the old- fashioned joy of the Roman 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 joy 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 occasion these will always be your feelings that if Pub- lius 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 salu- tary day for the republic. Is there, then, anyone so insane as to think that he could have obtained all this while Publius Clo- dius was alive ? What ? why, what power of perpetual posses- sion could you have had even in those things which you pos- sess as your private property and in the strictest sense your own, while that frenzied man held the reins of government ? 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 detes- tation with which he was regarded. It cannot be expressed, O judges, it cannot 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 what- ever they choose in such a manner that we do discern 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 Clo- dius being restored to life. What fear is that that you show SPEECH IN DEFENCE OF TITUS ANNIUS MILO 235 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 Cnaeus 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 Clo- dius 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 friend- ship he had been willing to raise him from the shades below, out of regard for the republic he would not have done it. You, 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 rea- son, while confessing the deed, to fear punishment 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 immor- tality in the memories and worship of men. And will you not only abstain from conferring any honors on the saviour of so great a people, and the avenger of such enormous wickedness, but will you even allow him to be borne off for punishment? He 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. In truth, if he does not deny an action from which he seeks no advantage beyond being pardoned for having done it, would he hesitate to avow an action for which he would be entitled to claim rewards? Unless indeed he thinks it more pleasing to you to look upon him as having been the defender of his own life, rather than of you ; especially as from that confession, if you were to choose to be grateful, he would reap the very high- 236 CICERO est honors. If his action were not approved of by you (al- though, how is it possible that anyone should not approve of what secured his own safety ?), but still, if the virtue of a most gallant man had happened to be at all unpleasing to his fellow- citizens, then with a lofty and firm mind he would depart from an ungrateful city. For what could be more ungrateful than for all other men to be rejoicing, and for him alone to be mourning, to whom it was owing that the rest were rejoicing ? Although we have all at all times been of this disposition with respect to crushing traitors to our country that since the glory would be ours, we should consider the danger and the unpopularity ours also. For what praise should I have deserved to have given to me, when I showed so much courage in my consulship on behalf of you and of your children, if I had supposed that I could venture on the exploits which I was attempting without very great struggles and dangers to myself ? What woman is there who would not dare to slay a wicked and mischievous citizen, if she was not afraid of the danger of the attempt? But the man who, though unpopularity, and death, and punishment are before his eyes, still ventures to defend the republic with no less alacrity than if no such evils threatened him, he deserves to be considered really a man. It behooves a grateful people to reward those citizens who have deserved well of the republic ; it is the part of a brave man, not to be so moved even by execution itself, as to repent of hav- ing acted bravely. Wherefore, Titus Annius may well make the same confession which Ahala made, which Nasica, which Opimius, which Marius, which we ourselves have made ; and then, if the republic were grateful, he would rejoice ; if ungrate- ful, then, though under the pressure of heavy misfortune, he would still be supported by his own conscience. But, O judges, the fortune of the Roman people, and your fe- licity, and the immortal gods, all think that they are entitled to your gratitude for this service which has been thus done to you. Nor, indeed, can anyone think otherwise except it be a man who thinks that there is no such thing at all as any divine power or authority a man who is neither moved by the vastness of your empire, nor by that sun above us, nor by the motions of heaven and of the stars, nor by the vicissitudes and regular order of things, nor (and that is the greatest thing of all) by the SPEECH IN DEFENCE OF TITUS ANNIUS MILO 237 wisdom of our ancestors ; who both themselves cultivated with the most holy reverence the sacred rites and religious ceremo- nies and auspices, and also handed them down to us their pos- terity to be so cultivated by us. There is, there is indeed, such a heavenly power. It is not the truth, that in these bodies and in this feebleness of ours there is something which is vigorous and endued with feeling, and nothing which is so in this vast and beautiful movement of nature. Unless perhaps some people think that there is no such thing in existence because it is not apparent, nor visible ; just as if we were able to see our own mind that by which we are wise, by which we have foresight, by which we do and say these very things which we are doing and saying ; or as if we could plainly feel what sort of thing it is, or where it is. That divine power, that very same divine power which has often brought incredible prosperity and power to this city, has extinguished and de- stroyed this mischief ; by first of all inspiring it with the idea of venturing to irritate by violence and to attack with the sword the bravest of men, and so leading it on to be defeated by the man whom if it had only been able to defeat it would have en- joyed endless license and impunity. That result was brought about, O judges, not by human wisdom, nor even by any mod- erate degree of care on the part of the immortal gods. In truth, those very holy places themselves which beheld that monster fall, appear to have been moved themselves, and to have as- serted their rights over him. I implore you, I call you to witness you, I say, O ye Alban hills and groves, and you, O ye altars of the Albans, now over- thrown, but nevertheless partners of and equals in honor with the sacred rites of the Roman people ye, whom that man with headlong insanity, having cut down and destroyed the most holy groves, had overwhelmed with his insane masses of build- ings ; it was your power then that prevailed, it was the divinity of your altars, the religious reverence due to you, and which he had profaned by every sort of wickedness, that prevailed; and you, too, O sacred Jupiter of Latium, whose lakes and groves and boundaries he had constantly polluted with every sort of abominable wickedness and debauchery, you at last, from your high and holy mountain, opened your eyes for the purpose of punishing him ; it is to you, to all of you, that those 238 CICERO punishments, late indeed, but still just and well deserved, have been made an atonement for his wickedness. Unless, perchance, we are to say that it was by accident that it happened that it was before the very shrine of the good god- dess which is in the farm of Titus Sextus Gallius, a most honor- able and accomplished young man before the good goddess herself, I say, that when he had begun the battle, he received that first wound under which he gave up that foul soul of his ; so that he did not seem to have been acquitted in that iniquitous trial, but only to have been reserved for this conspicuous pun- ishment. Nor, indeed, did that same anger of the gods abstain from inflicting the very same insanity on his satellites, so that with- out the images of his ancestors, without any funeral song or funeral games, without any obsequies, any lamentation, or any panegyric without, in short, any funeral at all, smeared over with gore and mud, and deprived even of the honors which are paid to everyone on that last day, and which even enemies are wont to allow to a man, he was cast out in the street half burnt. It was not right, I suppose, for the effigies of most illustrious men to confer any honor on that most foul parricide ; nor was there any place in which it was more seemly that his corpse should be ill-treated than that where his life had been con- demned. I swear to you, the fortune of the Roman people appeared to me hard and cruel, while it for so many years beheld and en- dured that man triumphing over the republic. He had pol- luted the holiest religious observances with his debauchery; he had broken the most authoritative decrees of the Senate ; he had openly bought himself from the judges with money ; he had harassed the Senate in his tribuneship ; he had rescinded acts which had been passed for the sake of the safety of the re- public, by the consent of all orders of the state ; he had driven me from my country ; he had plundered my property ; he had burnt my house ; he had ill-treated my children and my wife ; he had declared a wicked war against Cnaeus Pompeius ; he had made slaughter of magistrates and private individuals ; he had burnt the house of my brother; he had laid waste Etruria; he had driven numbers of men from their homes and their profes- sions. He kept pursuing and oppressing men ; the whole state, SPEECH IN DEFENCE OF TITUS ANNIUS MILO 2 39 all Italy, all the provinces, all foreign kingdoms could not con- tain his trenzy. Laws were already being drawn up in his house which were to hand us over to the power of our slaves. There was nothing belonging to anyone, which he had taken a fancy to, which he did not think would become his in the course of this year. No one was aa obstacle to his expecta- tions except Milo ; the very man who was most able to be an obstacle to them he thought when he returned again would be reconciled and, as it were, bound to him. The power of Caesar, he said, was all his own. The inclinations of all good men he had treated with contempt, while accomplishing my ruin. Milo alone weighed on his mind. On this the immortal gods, as I have said before, put into the head of that abandoned and frantic man the idea of laying an ambush for Milo. That pest was not to perish any other way : the republic would never have chastened him by her laws. The Senate, I suppose, would have been able to restrain him when praetor. Why, it had not been able to do anything when it tried to restrain him while a private individual. Would the consuls have been vigorous in bridling a praetor? In the first place, if Milo had been slain, he would have had his own con- suls. Secondly, what consul would have behaved fearlessly against him as praetor, who remembered that he, when tribune, had offered the most cruel injuries to the virtue of the consuls? He would have oppressed everything; he would have taken possession and held possession of everything. By a new law, the draft of which was found in his house, with the rest of the Clodian laws, he would have made all our slaves his own freed- men. Lastly, if the immortal gods had not inspired him with such ideas that he, an effeminate creature, attempted to slay a most gallant man, you would have no republic at all this day. Would that man when praetor, much more when consul, pro- vided only that these temples and these walls could have stood so long if he had been alive, and could have remained till his consulship ; would he, I say, if alive, have done no harm, when even after he was dead he burned the senate-house, one of his satellites, Sextus Clodius, being the ringleader in the tumult ? What more miserable, more grievous, more bitter sight have we ever seen than that ? that that temple of sanctity, of honor, of wisdom, of the public council, the head of the city, the altar 240 CICERO of the allies, the harbor of all nations, the abode granted by the universal Roman people to one of the orders of the state, should be burnt, profaned, and destroyed? 13 and that that should be done, not by an ignorant mob, although that would have been a miserable thing, but by one single person ? who, if he dared so much in his character of burner of a dead man, what would he not have done as standard-bearer of a living one ? He se- lected the senate-house, of all the places in the city, to throw him down in, in order that when dead he might burn what he had overturned while alive. And are there men, then, who complain of what took place in the Appian road, and say nothing of what happened in the senate-house? and who think that the forum could have been defended from him when alive, whose very corpse the senate- house was unable to resist ? Arouse the man himself ; resusci- tate him, if you can, from the shades below. Will you be able to check his violence when alive, when you were hardly able to support his fury while he lies unburied? unless, indeed, you did support the sight of those men who ran with firebrands to the senate-house, with scythes to the temple of Castor, and \vho ranged over the whole forum sword in hand. You saw the Roman people slaughtered, you saw the assembly disturbed by the drawn swords, while Marcus Ccelius, a tribune of the peo- ple, was listened to in silence, a man of the greatest courage in the affairs of state, of the greatest firmness in any cause which he undertook, wholly devoted to the service of the virtuous part of the citizens, and to the authority of the Senate, and in this shall I say unpopularity, or misfortune of Milo's? behaving with singular, and godlike, and incredible good faith. But I have said enough about the cause; and, perhaps, too much that was foreign to the cause. What remains, except for me to pray and entreat you, O judges, to show that mercy to a most gallant man, which he himself does not implore; but which I, even against his will, implore and demand in his be- half? Do not, if amid the tears of all of us you have seen no tears shed by Milo if you see his countenance always the same, his voice and language steady and unaltered do not, on that account, be the less inclined to spare him. I know not whether he does not deserve to be assisted all the more on that account. 13 See note 4 on page 205. SPEECH IN DEFENCE OF TITUS ANNIUS MILO 241 In truth, if in the battles of gladiators, and in the case of men of the very lowest class and condition and fortune, we are ac- customed to dislike those who are timid and suppliant, and who pray to be allowed to live, and if we wish to save those who are brave and courageous, and who offer themselves cheerfully to death ; and if we feel more pity for those men who do not ask our pity, than for those who entreat it ; how much more ought we to nourish those feelings in the case of our bravest citizens ? As for me, O judges, I am dispirited and almost killed by those expressions of Milo, which I hear continually, and at the utter- ance of which I am daily present : " May my fellow-citizens fare well," says he ; " may they fare well. May they be safe, and prosperous, and happy; may this illustrious city, and my country, which I love so well, long endure, however it may treat me ; may my fellow-citizens (since I may not enjoy it with them) enjoy the republic in tranquillity without me, but still in conse- quence of my conduct, I will submit, and depart ; if it cannot be allowed me to enjoy a virtuous republic, at least I shall be at a distance from a bad one ; and the first well-regulated and free city that I arrive at, in that will I rest. Oh, how vain," says he, " are the labors which I have undertaken ! Oh, how fallacious have been my hopes ! Oh, how empty all my thoughts ! When as tribune of the people, when the republic was oppressed, I had devoted myself to the Senate, which, when I came into office, was utterly extinct ; and to the Roman knights, whose power was enfeebled, and to the virtuous part of the citizens, who had given up all their authority under the arms of Clodius ; could I ever have thought that I should fail to find protection from the citizens ? When I had restored you " (for he very frequently converses with me and addresses me) " to your coun- try, could I ever suppose that I myself should have no place in my country ? Where now is the Senate which we followed ? where are those Roman knights, those knights," says he, " so devoted to you ? where is the zeal of the municipal towns ? where is the voice of Italy ? what, above all, has become of that voice of yours, O Marcus Tullius, which has been an assistance to many ; what has become of your voice and defensive eloquence? am I the only person whom it is unable to help, I who have so often exposed myself to death for your sake ? " Nor does he say these things to me, O judges, weeping, as I 16 242 CICERO now repeat them ; but with the same unmoved countenance that you behold. For he says, he never did all the things which he had done for citizens who are ungrateful ; ungrateful, he says, they are not. That they are timid, and thinking too much of every danger he does not deny. He says that he treated the com- mon people, and that multitude of the lower class which, while they had Publius Clodius for their leader, threatened the safety of all of you, in such a way, in order to render all your lives more secure ; that he not only subdued it by his virtue, but won it over at the expense of three estates which he inherited. Nor has he any apprehension that, while he was conciliating the common people by his liberality, he was not also securing your attach- ment by his singular services to the republic. He says that the good-will of the Senate toward him has been repeatedly exper- ienced by him in the times that have lately gone by ; and that he shall carry with him, and ever retain in his recollection, the way in which you and all your order flocked to meet him, the zeal you showed in his behalf, and the kindness of your lan- guage to him, whatever may be the destiny which fortune allots to him. He remembers, also, that the voice of the crier, pro- claiming his triumph, was the only thing wanting to him ; but that he was declared consul by the unanimous vote of the peo- ple, and that was the great object of his ambition. And now if all these things are to go against him, it will be only the suspic- ion of guilt, not the reality of any crime which has injured him. He adds this, which is unquestionably true ; that brave and wise men are not in the habit of setting their hearts so much on the rewards for virtuous conduct, as on the fact of their conduct being so ; that he has never acted throughout his life in any but the most honorable manner, since there can be nothing better for a man to do than to deliver his country from dangers ; that those men are happy for whom such conduct procures honor among their fellow-citizens, but yet, that those men are not miserable who have exceeded their fellow-citizens in good deeds. Moreover, that of all the rewards of virtue, if one is to make an estimate of the different rewards, the most honorable of all is glory; that this is the only reward which can make amends for the shortness of life, by the recollection of posterity ; which can cause us while absent to be present, when dead to be still alive ; that this is the thing by the steps of which men appear to mount even to heaven. SPEECH IN DEFENCE OF TITUS ANNIUS MILO 243 " Concerning me," says he, " the Roman people and all na- tions will be continually talking. The remotest ages will never be silent about me. Even at this very time when the firebrands of envy are being hurled against me by my enemies, still I am celebrated in every company of men, who express their thanks to me, who congratulate themselves on my conduct, who make me the sole topic of their conversation. I say nothing of the days of festival, and sacrifice, and joyful celebration in Etruria. This is the hundredth, or I rather think the hundred and first day since the death of Publius Clodius ; a day on which, wher- ever the boundaries of the Roman Empire extend, there did not only the report of, but the joy caused by that occurrence pene- trate. Wherefore," said he, " I am not anxious as to where this body of mine may be ; since the glory of my name already is and always will be in every country upon earth." This is what you have constantly said to me, O Milo, when these men who hear me now have been absent ; but this is what I say to you when they are present to listen. I cannot, indeed, praise you sufficiently for being of such a spirit as you are ; but the more godlike that virtue of yours is, the greater is the pain which I feel at being separated from you. Nor, indeed, if you are taken from me, will the complaints, which are all that is left to me, do anything to comfort me, or to prevent my being angry with those men from whom I have received so severe a blow. For it is not my enemies who will tear you from me, but those who are my greatest friends. It is not men who have at times deserved ill at my hands, but those who have always deserved exceedingly well. You never, O judges, will inflict such grief upon me (although, what grief can be so great as this?), but you will never inflict this particular grief upon me, of forcing me to forget how greatly you have always regarded me. And if you, yourselves, have forgotten it, or if any part of my con- duct has offended you, why do you not make me atone for that offence rather than Milo? For I shall have lived gloriously enough if I die before seeing any such great misfortune happen to him. At present one consolation supports me, that no exertion that affection, or that zeal, or that gratitude could possibly make has been wanting on my part to promote your interest, O Titus Annius. For your sake I have courted the enmity of 244 CICERO powerful citizens ; I have repeatedly exposed my person and my life to the weapons of your enemies ; I have thrown myself as a suppliant at the feet of many for your sake ; I have considered my fortunes and those of my children as united with yours in the time of your necessities. Lastly, on this very day, if any violence is prepared against you, or any struggle, or any dan- ger of death, I claim my share in that. What remains now ? What is there that I can say, or that I can do in return for your services to me, except considering whatever fortune is yours mine also? I do not object, I do not refuse so to consider it. And I entreat you, O judges, either to add to the kindnesses which you have already conferred on me by granting me this man's safety, or else to take notice that they will all perish in his fall. ' These tears of mine have no effect on Milo. He is of an in- credible strength of mind. He thinks that any place where there is no room for virtue is a place of banishment ; and death he considers the end appointed by nature, and not a punish- ment. Let him continue to cherish these ideas in which he was born. What will you think yourselves, O judges? What will be your feelings? Will you preserve the recollection of Milo, and drive away the man himself ? And will you allow any place in the whole earth to be more worthy to receive this virtue of his than this place which produced him ? You, you, I appeal to you, O you brave men, who have shed much of your blood for the sake of the republic. I appeal to you, O centurions, and to you, O soldiers, in this time of danger to a brave man and an invincible citizen. While you are not only looking on, but armed, and standing as guards around this court of justice, shall this mighty virtue be driven from the city, be banished, be cast out? Oh, miserable man that I am ! Oh, unhappy man that I am ! Were you, O Milo, able through the instrumentality of these men to recall me to my country, and cannot I through the agency of the very same men even retain you in yours ? What answer shall I make to my children, who consider you a second father ? What answer shall I make to you, O my brother Quin- tus, you who are now absent, you who were my companion in that cruel time? Shall I reply that I was unable to preserve the safety of Milo by the instrumentality of those very men by SPEECH IN DEFENCE OF TITUS ANNIUS MILO 245 whose means he had preserved mine ? And what is the cause in which I shall have failed to do so ? One which is sanctioned by all the nations of the earth. From whom must I say that I failed to procure it ? From those very men who of all others have gained the greatest tranquillity by the death of Publius Clodius. And who will it be who has entreated in vain? I. What great wickedness is it that I planned, what enormous crime did I commit, O judges, when I traced out, and laid open, and revealed, and forever crushed those beginnings and signs of the general destruction that was intended ? For that is the spring from which all the distresses of myself and my friends arise. Why did you wish me to return to my country ? Was it in order that I might look on while those men were being driven out, by whose efforts I had been restored? Do not, I entreat you, suffer my return to be more miserable than even my departure was. For how can I think that I have been re- stored if I am torn from those men by whom I was restored ? Would that the immortal gods had granted (I must entreat your permission to say it, O my country, for I fear lest it should be a wicked wish as far as you are concerned, though it may be a pious one for Milo) would that they had granted that Pub- lius Clodius should not only be alive, but should even be praetor, consul, dictator, rather than I should see his sight ! O ye im- mortal gods, before I should see this brave man, this man who deserves to be saved by you, O judges, in this plight ! " Say not so, say not so," says Milo. " Rather let him have suffered the penalty which he deserved, and let us, if so it must be, suffer what we have not deserved." Shall this man, born for his country, die in any other land except his country? or, as it may perchance turn out, for his country? Will you preserve the monuments of this man's courage, and yet allow no sepulchre containing his body to ex- ist in Italy ? Will anyone by his vote banish this man from this city, when all other cities will gladly invite him to them if he is driven out from among you ? O happy will that land be which shall receive him ! Ungrateful will this land be if it banishes him ; miserable if it loses him. However, I must make an end. Nor, indeed, can I speak any longer for weeping ; and this man forbids me to defend him by tears. I pray and entreat you, O judges, when you are giv- 246 CICERO ing your votes, to dare to decide as you think just. And believe me that man 14 will be sure greatly to approve of your virtue, and justice, and good faith ; who, in selecting the judges, se- lected all the best, and wisest, and most fearless men whom he could find. 15 14 Cnaeus Pompeius. deavored to raise some public commo- M Milo, as has been said before, was tion in favor of Pompey, between whom convicted by a majority of thirty-eight and Caesar (who was in his second con- to thirteen, though Cato voted openly sulship) the civil war was just breaking for his acquittal. He went into exile out. But he and Ccelius were both to Marseilles. Some years afterward, killed by the soldiers with whom they A.U.C. 706, Ccelius, when praetor, re- were tampering, called him from banishment, and en- SPEECH IN DEFENCE OF CAIUS RABIRIUS POSTUMUS THE ARGUMENT When Gabinius, the colleague of Piso, returned from his province of Syria, he was prosecuted on two indictments; in the first prosecu- tion Cicero appeared as a witness against him; but he was acquitted, as Cicero says in his letters to his brother Quintus, in consequence of the stupidity of Lentulus, the prosecutor, and the great exertion of Pompey, and the corruption of the judges. In the second prosecu- tion Cicero was prevailed on by Pompey to defend him; but he was condemned to perpetual banishment The trial of Caius Rabirius Postumus, a Roman knight, arose out of that trial of Gabinius. It had been one of the articles against him, that he had received an enormous sum for restoring Ptolemy to his kingdom of Egypt; but when he was convicted, his estate was found inadequate to meet the damages which he was condemned to pay, and the deficiency was now demanded from those through whose hands the management of his money affairs had passed, and who were supposed to have been sharers in the spoil; and of these men the chief was Rabirius, who was now accused of having advised Gabinius to undertake Ptolemy's restoration; of having accompanied him; of having been employed by him to solicit the payment of the money, and of having lived at Alexandria for that purpose in the king's service as the public receiver of the king's taxes, and wearing the dress of an Egyptian. The prosecution was instituted under the provisions of the Lex Julia, concerning extortion and peculation. It was conducted by Caius Memmius Gemellus. Rabirius was acquitted; and, though it was to please Pompey that Cicero had undertaken his defence, he afterwards attached himself to Caesar, and was employed by him in the war in Africa and in Sicily. 248 SPEECH IN DEFENCE OF CA1US RABIRIUS POSTUMUS IF there is anyone, O judges, who thinks Caius Rabirius to be blamed for having intrusted his securely founded and well-established fortunes to the power and caprice of a sovereign, he may back his opinion by a reference not only to mine, but also to the feelings of the man himself who did so. For there is no one who is more grieved at the line of conduct which he then adopted than he is himself. Although we are very much in the habit of judging of the wisdom of a plan by the result, and of saying that the man whose designs have succeeded has shown a great deal of foresight, and that he who has failed has shown none at all. If the king had had any honesty, nothing would have been considered more sagacious than the conduct of Postumus ; but because the king deceived him he is said to have acted as madly as possible; so that it appears now that nothing is a proof of a man being wise, un- less he can foresee the future. But still, if there be anyone who thinks that Postumus's conduct, whether it proceeded from a vain hope, or from a hot sufficiently considered calculation, or (to use the strongest possible terms) from pure rashness, deserves to be blamed, I will not object to his entertaining that opinion. But I do beg this, that as he sees that his designs have been punished with the greatest cruelty by fortune herself, he will not think it necessary to add any additional bitterness to the ruin with which he is already overwhelmed. It is quite enough not to help to set men up again who have fallen through imprudence ; but to press down those already fallen, or to increase their im- petus when falling, is unquestionably most barbarous. Espe- cially, O judges, when this principle is almost implanted by nature in the race of man, that those men who are of a family 249 250 CICERO which considerable glory has already distinguished, should with the greatest eagerness pursue the same path as their ancestors, seeing that the virtue of their fathers is celebrated in the recollection and conversation of all men ; just as not only did Scipio imitate Paullus in his renown gained by military ex- ploits; not only did his son imitate Maximus; but his own son also imitated Decius in the devotion of his life, and the exact manner of his death. Let small things, O judges, be compared in this way to great things. For, when we were children, this man's father, Caius Curius, was a most gallant chief of the equestrian order, and a most extensive farmer of the public revenues, a man whose great- ness of spirit as displayed in carrying on his business men would not have so greatly esteemed, if an incredible kindness had not also distinguished him ; so that while increasing his property, he seemed not so much to be seeking to gratify his avarice, as to procure additional means for exerting his kind- ness. My client, being this man's son, although he had never seen his father, still under the guidance of nature herself who is a very powerful guide and instigated by the continual conversation of everyone in his family, was naturally led on to adopt a similar line of conduct to that of his father. He engaged in extensive business. He entered into many con- tracts. He took a great share of the public revenues. He trusted different nations. His transactions spread over many provinces. He devoted himself also to the service of kings. He had already previously lent a large sum of money to this very king of Alexandria; and in the mean time he never ceased enriching his friends ; sending them on commissions ; giving them a share in his contracts ; increasing their estates, or supporting them with his credit. Why need I say more? He gave a faithful representation of his father's career and habits of life in his own magnanimity and liberality. In the mean time, Ptolemaeus being expelled from his king- dom with treachery, with evil designs (as the Sibyl said, an expression of which Postumus found out the meaning) came to Rome. This unhappy man lent him money, as he was in want and asked for it ; and that was not the first time (for he had lent him money before while he was king, without seeing him). And he thought that he was not lending his money IN DEFENCE OF CAIUS RABIRIUS POSTUMUS 251 rashly, because no one doubted that he would be restored to his kingdom by the Senate and people of Rome. But he went still farther in making him presents and loans. And he lent him not his own money only, but also that of his friends. A very foolish thing to do who denies it? at all events, who is there who does not now remind him of it? How could one think that a sensible proceeding which has turned out ill? But it is difficult not to carry out to the end a line of conduct which one has begun with sanguine hopes. The king was a suppliant to him. He asked him every sort of favor ; he promised him every sort of recompense. So that Postumus was at last compelled to fear that he might lose what he had already lent, if he put a stop to his loans. But no one could possibly be more affable, no one could be more kind than the king; so that it was easier to repent having be- gun to lend than to find out how to stop. Here first rises a charge against my client. They say that the Senate was bribed. O ye immortal gods ! is this that much- desired impartiality of the courts of justice? Those who have bribed us are put on their trial, we who have been bribed are exposed to no such dangers. What, then, shall I do? Shall I here defend the Senate, O judges? I ought, indeed, to do so here and everywhere, so well has that body deserved at my hands. But that is not the question at the present moment ; nor is that affair in the least connected with the cause of Pos- tumus. Although money was supplied by Postumus for the expense of his journey, and for the splendor of his appoint- ments, and for the royal retinue, and though contracts were drawn up in the Alban villa of Cnaeus Pompeius when he left Rome; still he who supplied the money had no right to ask on what he who received the money was spending it. For he was lending it not to a robber, but to a king; nor to a king who was an enemy of the Roman people, but to him whose return to his kingdom he saw was granted to him by the Senate, and intrusted to the consul to provide for; nor to a king who was a stranger to this empire, but to one with whom he had seen a treaty made in the Capitol. But if the man who lends money is to blame, and not the man who has made a scandalous use of the money which has been lent to him, then let that man be condemned who has 252 CICERO made a sword and sold it, and not the man who with that sword has slain a citizen. Wherefore, neither you, O Caius Memmius, ought to wish the Senate, to support the authority of which you have devoted yourself from your youth upward, to labor under such disrepute, nor ought I to speak in defence of conduct which is not the subject of the present inquiry. For the cause of Postumus, whatever it is, is at all events un- connected with the cause of the Senate. And if I show that it has no connection with Gabinius either, then certainly you will have not a leg to stand upon. For this cause is an inquiry, " What has become of the money ? " a sort of appendix as it were to an action which has been already decided, and in which a man has been convicted. An action was brought successfully against Aulus Gabinius, and he was condemned in damages ; but no securities were given for the payment of them, nor did the people get out of his property a sum sufficient for the payment of those dam- ages. The law is impartial. The Julian law orders that requisi- tion should be made on those who received the money which the culprit may have obtained. If this is a new provision in the Julian law as there are many clauses of a severer and stricter tendency than those which are found in the ancient laws let us also have this new description of tribunal before which to prose- cute the inquiry. But if this clause is transferred word for word not only from the Cornelian law but from the Servilian law, which is older still; then, in the name of the immortal gods, what is it that we are doing, O judges? Or what is this new prin- ciple of new legal proceedings that we are introducing into the republic? For the ancient mode of proceeding was well '.known to all of you, and if practice is the best of teachers it ought to be known to me above all men. For I have prose- cuted men for extortion and peculation ; I have sat as judge ; I have conducted inquiries as praetor; I have defended many men; there is no step in such proceedings which can give a man any facility in speaking in which I have not taken a part. This is what I assert : That no one ever was put on his trial on the formula, " What had become of that money," who had not been summoned as a witness on the action for damages. But in the action in this instance, no one was summoned ex- IN DEFENCE OF CAIUS RABIRIUS POSTUMUS 253 cept in consequence of something said by witnesses, or some- thing which appeared in the accounts of private individuals, or in the accounts of the cities. Therefore, when actions were being brought, those men were usually present who had some apprehension about themselves; and then when they were summoned, then, if they thought it advantageous for them, they proceeded at once to contradict what had been said. But if they were afraid of unpopularity, because the facts in ques- tion were recent, they answered at some future time; and when they had done this, many of them gained their object. But this is quite a novel way of managing business, and one utterly unheard of before this time. In the previous ac- tion Postumus's name never once occurs. In the action, do I say? You yourselves, O judges, lately sat as judges on Aulus Gabinius. Did any one witness then mention Postumus? Any witness? did ever the prosecutor name him? Did you, in short, in the whole of that trial once hear the name of Pos- tumus ? Postumus, then, is nqt an additional criminal implicated in the cause which has been already decided. But still one Roman knight has been dragged before the court as a defend- ant, on a charge of extortion and peculation. On what ac- count-books is this charge founded? On some which were not read on the trial of Aulus Gabinius. By what witness is it suported? By someone who never once mentioned his name at that time. On the sentence of what arbitrator do they reply? On one in which no mention whatever was made of Postumus. In accordance with the provisions of what law ? Of one under which he is not liable. Here now, O judges, the affair is one which has need of all your acuteness and of all your good sense. For you ought to consider what it is becoming to you to do, and not what is lawful for you. For if you ask what is lawful, you certainly have the power to remove anyone whom you please out of the city. It is the voting tablet which gives you that power; and at the same time it conceals the capricious exercise of it. No one has any need to fear the consciousness of the tablet, if he has no reverence for his own conscience. Where, then, is the wisdom of the judge shown? In this, that he considers not only what he has the power to do, but also what he ought 254 CICERO to do; and he does not recollect only what power has been committed to him, but also to what extent it has been com- mitted. You have a tablet given you on which to record your judgment. According to what law? To the Julian law about extortion and peculation. Concerning what defendant? Con- cerning a Roman knight. But that body is not liable to the operation of that law. But now I hear what you say. Postu- mus, then, is prosecuted under that law, from the operation of which not only he, but his whole order, is released and wholly free. Here I will not at present implore your aid, O Roman knights you whose privileges are attacked by this prosecu- tion before I implore you, O senators, whose good faith to- ward this order of knights is at stake; that good faith which has been often experienced before, and which has been lately proved in this very cause. For when when that most vir- tuous and admirable consul Cnaeus Pompeius made a motion with respect to this very inquiry some, but very few, unfa- vorable opinions were delivered, which voted that prefects, and scribes, and all the retinue of magistrates were liable to the provisions of this law, you you yourselves, I say and the Senate, in a very full house, resisted this ; and although at that time, on account of the offences committed by many men, people's minds were inflamed so that even innocent people were in danger, still, though you could not wholly extinguish its unpopularity, at all events you would not allow fuel to be added to the existing fire. In this spirit did the Senate act. What next? What are you, O Roman knights, what are you about to do, I pray? Glaucia, a profligate but still a shrewd man, was in the habit of warning the people when any law was being read to attend to the first line of it. If the first word was " dictator, consul, praetor, master of the horse," then not to trouble themselves about it ; they might know that it was no concern of theirs. But if it began " Whoever after the passing of this law," then they had better take care that they were not made liable to any new judicial proceedings. Now do you, O Roman knights, take care. You know that I was born of your order; that all my feelings have always been enlisted in your cause. I say nothing of what I am now IN DEFENCE OF CAIUS RABIRIUS POSTUMUS 255 saying but with the deepest anxiety and the greatest regard for your order. Other men may be attached to other men and to other orders ; I have always been devoted to you. I warn you, I forewarn you ; I give you notice while the affair and the cause are still undecided; I call all men and gods to witness. While you have it in your power, while it is lawful for you, beware lest you establish for yourselves and for your order a harder condition than you may be able to bear. This evil (believe me) will crawl on and extend further than you fancy. When a most powerful and noble tribune of the people, Marcus Drusus, proposed one formula of inquiry affecting the equestrian order " If anyone had taken money on ac- count of a judicial decision " the Roman knights openly re- sisted it. Why? Did they wish to be allowed to act in such a manner? Far from it. They thought this cause of receiv- ing money not only shameful, but actually impious. But they argued in this way : that those men only ought to be made liable to the operation of any law, who of their own judgment submitted to such conditions of life. " The highest rank," say they, " in the state is a great pleasure ; and the curule chair, and the fasces, and supreme command, and a province, and priesthoods, and triumphs, and even the fact of having an im- age to keep alive the recollection of one with posterity. There is also some anxiety mingled with this pleasure, and a greater apprehension of laws and of trials. We have never despised those considerations" (for so they argued); "but we have adopted this tranquil and easy kind of life, which, because it does not bring honors with it, is also free from annoyance." " You are just as much a judge as I am a senator." " Just so, but you sought for the one honor, and I am compelled to accept of the other; wherefore, it ought to be lawful for me either to decline being a judge, or else I ought not to be sub- ject to any new law which ought properly to regulate only the conduct of senators." Will you, O Roman knights, abandon this privilege which you have received from your fathers? I warn you not to do so. Men will be hurried before these courts of justice, not only whenever they fall into all deserved unpopularity, but whenever spiteful people say a word against them, if you do not take care to prevent it. If it were now told you that opinions were pronounced in the Senate that you 256 CICERO should be liable to be proceeded against under these laws, you would think it necessary to run in crowds to the senate-house. If the law was passed, you would throng to the rostra. The Senate has decided that you are exempt from the operation of this law; the people has never subjected you to it; you have met together here free from it ; take care that you do not de- part entangled in its toils. For if it was imputed as a crime to Postumus, who was neither a tribune, nor a prefect, nor one of his companions from Italy, nor even a friend of Gabinius's, how will these men hereafter defend themselves, who, being of your order, have been implicated with our magistrates in these causes ? " You," says the prosecutor, " instigated to Gabinius to re- store the king." My own good faith does not allow me to speak with severity of Gabinius. For after having been rec- onciled to him, and given up that most bitter hostility with which I regarded him, and after having defended him with the greatest zeal, I ought not to attack him now that he is in distress. And even if the influence of Cnaeus Pompeius had not reconciled me to him while he was in prosperity, his own disasters would do so now. But still, when you say that Gabinius went to Alexandria at the instigation of Postumus, if you place no confidence in what was alleged in the defence of Gabinius, do you forget also what you stated in your own speech for the prosecution? Gabinius said that he did that for the sake of the republic, because he was afraid of the fleet of Archelaus because he thought that otherwise the sea would be entirely full of pirates. He said, moreover, that he was authorized to do so by a law. You, his enemy, deny that. I pardon your denial, and so much the more because the decision was contrary to the statement of Gabinius. I return, therefore, to the charge, and to your speech for the prosecution. Why did you keep crying out that ten thousand talents had been promised to Gabinius? I suppose it was necessary to find out a very civil man indeed, who should be able to prevail on one whom you call the most avaricious of men, not to despise immoderately two hundred and forty mill- ions of sesterces. Whatever may have been the intention with which Gabinius acted, it certainly was his own unsuggested intention. Whatever sort of idea it was, it was Gabinius's IN DEFENCE OF CAIUS RABIRIUS POSTUMUS 257 own. Whether, as he said himself, his object was glory, or whether, as you insist, it was money, it was for himself that he sought it. Had Gabinius any companion or attendant? He says, no. For he had departed from Rome in deference to the authority, not of Gabinius, whose business it was not, but of Publius Lentulus, a most illustrious man, given to him by the Senate, and with a definite design, and with very san- guine hopes. But he was the king's steward. Ay, and he was in the king's prison, and his life was nearly taken away. He bore many things besides, which the caprice of the king and neces- sity compelled him to endure. So that all these matters come under one single reproach, that he entered his kingdom, and that he intrusted himself to the power of the king. A very foolish action, if we must say the truth. For what can be more foolish than for a Roman knight, a man of this city, I say, a citizen of this republic, which, of all others, is, and al- ways has been, most especially free, to go into a place where he is forced to obey and be the steward of another ? But, nevertheless, may I not pardon this in Postumus, who is not a man of much learning, when I see that the very wisest men have fallen into the same error? We have heard that that great man, beyond all comparison the most learned man that all Greece ever produced, Plato, was in the greatest danger, and was exposed to the most treacherous designs by the wick- edness of Dionysius, the tyrant of Sicily, to whom he had trusted himself. We know that Callisthenes, a very learned man, the companion of Alexander the Great, was slain by Alexander. We know that Demetrius he, too, being a citizen of the free republic of Athens, the affairs of which he had conducted with the greatest ability, and being also a man emi- nent for, and deeply impressed with, learning the one I mean, who was surnamed Phalereus, was deprived of his life in that self-same kingdom of Egypt, having ha"d an asp applied to his body. I plainly confess that nothing more insane can be done, than for a man willingly to come into a place where he will lose his liberty. But the still greater folly which he had al- ready committed is his excuse for the folly of this subsequent conduct; for that causes this most stupid action, the act, I mean, of going into the kingdom, and of trusting himself to the 17 2 5 8 CICERO king, to appear a wise and sensible step. At all events, it is not so much the act of one who is forever a fool, as one who is wise too late, after he has got into difficulties through his folly, to endeavor to release himself by whatever means he can. Let, then, that be regarded as a fixed and certain point, which can neither be moved nor changed, in which those who look fairly at the matter say that Postumus had entertained hopes, those who are unfavorable to him say that he made a blunder, and he himself confesses that he acted like a madman, in lending his own money, and that of his friends, to the king, to the great danger of his own fortunes ; still, when this had once been begun, it was necessary to endure these other evils, in order, at last, to reunite himself to his friends. Therefore, you may reproach him as often as you please with having worn an Egyptian robe, and with having had about him other orna- ments which are not worn by a Roman citizen. For every time that you mention any one of these particulars, you are only repeating that same thing that he lent money rashly to the king, and that he trusted his fortunes and his character to the royal caprice. He did so rashly, I confess it; but the case could not possibly be changed then ; either he was forced to put on an Egyptian cloak at Alexandria, in order afterward to be able to wear his gown at Rome ; or, if he retained his gown in Egypt, he must have discarded all hope of recovering his fortunes. For the sake of luxury and pleasure we have often seen, not only ordinary Roman citizens, but youths of high birth, and even some senators, men born in the highest rank, wear- ing little caps, not in their country-seats or their suburban villas, but at Naples, in a much-frequented town. We have even seen Lucius Sylla, that great commander, in a cloak. And you can now see the statue of Lucius Scipio, who con- ducted the war in Asia, and defeated Antiochus, standing in the Capitol, not only with a cloak, but also with Grecian slip- pers. And yet these men not only were not liable to be tried for wearing them, but they were not even talked about ; and, at all events, the excuse of necessity will be a more valid de- fence for Publius Rutilius Rufus ; for when he had been caught at Mitylene by Mithridates, he avoided the cruelty with which the king treated all who wore the Roman gown, by changing IN DEFENCE OF CAIUS RABIRIUS POSTUMUS 259 his apparel. Therefore, that Rutilius, who was a pattern to our citizens of virtue, and of the ancient dignity, and of pru- dence, and a man of consular rank, put on slippers and a cloak. Nor did anyone think of reproaching the man with having done so, but all imputed it to the necessity of the time. And shall that garment bring an accusation upon Postumus, which afforded him a hope that he might at some time or other re- cover his fortune? For when he came to Alexandria to Auletes, 1 O judges, this one means of saving his money was proposed to Postumus by the king namely, that he should undertake the management, and, as it were, the stewardship of the royal revenues. And he could not do that unless he became the steward. For he uses that title which had been given to the office by the king. The business seemed an odious one to Postumus, but he had actually no power of declining it. The name itself, too, was annoying ; but the business had that name of old among those people, it was not now newly imposed by the king. He de- tested also that dress, but without it he could neither have the title nor fill his office. Therefore, I say, that he was com- pelled by force to act as he did by force which, as our great poet says " Breaks and subdues the loftiest dignity." He should have died, you will say ; for that is the alternative. And so he would have done, if, while his affairs were in such a state of embarrassment, he could have died without the greatest disgrace. Do not, then, impute his hard fortune to him as a fault ; do not think the injury done to him by the king his crime ; do not judge of his intentions by the compulsions under which he was, nor of his inclination by the force to which he submitted. Unless, indeed, you think those men deserving of reproach who have fallen among enemies or among thieves, and who then act differently under compulsion from what they would if they were free. No one of us is ignorant, even if we have had no personal experience of it, of the mode of proceeding adopted by a king. These are the orders given by kings : " Take no- tice," " Obey orders," " Do not complain when you are not 1 Ptolemaeus was surnamed Auletes. 2 6o CICERO asked." These are their threats : " If I catch you here to- morrow, you shall die." Expressions which we ought to read and consider, not only for the purpose of being amused by them, but in order to learn to beware of their authors, and to avoid them. But from the circumstance of this employment itself an- other charge arises. For the prosecutor says, that while Pos- tumus was collecting the money for Gabinius, he also amassed money for himself out of the tenths belonging to the generals. I do not quite understand what this charge means ; whether Postumus is charged with having made an addition of one per cent, to the tenth, as our own collectors are in the habit of doing, or whether he deducted that sum from the total amount of the tenths. If he made that addition, then eleven thousand talents came to Gabinius. But not only was the amount men- tioned by you ten thousand talents, but that also was the sum at which it was estimated by them. I add this consideration also. How can it be likely, that when the burden of the tributes was already so heavy, an addition of one thousand talents could be made to so large a sum which was to be collected? or that, when a man, a most avaricious man as you make him out, was to receive so large a reward, he would put up with a diminution of a thousand talents ? For it was not like Gabinius, to give up so vast a portion of what he had a right to ; nor was it natural for the king to allow him to impose so great an addi- tional tax on his subjects. Witnesses will be produced, depu- ties from Alexandria. They have not said a word against Gabinius. Nay, they have even praised Gabinius. Where, then, is that custom ; what has become of the usages of courts of justice? Where are your precedents ? Is it usual to produce a witness to give evidence against a man who has been the collector of money, when he has not been able to say a word against the man in whose name the money was collected ? Nay more ; if it is usual to produce a man who has said nothing, is it usual to produce one who has spoken in his praise ? Is it not customary rather to look on such a cause as already decided, and to think that it is sufficient to read the previous evidence of the witnesses, without producing the men themselves? And this intimate companion and friend of mine says also that the men of Alexandria had the same reason for prais- IN DEFENCE OF CAIUS RABIRIUS POSTUMUS 261 ing Gabinius that I had for defending him. My reason, O Caius Memmius, for defending him was, that I had become reconciled to him. Nor do I repent of considering my friend- ships immortal, but my enmities mortal. For if you think that I defended him against my will, because I did not like to offend Pompeius, you are very ignorant both of his character and of mine. For Pompeius would not have wished me to do anything contrary to my inclination for his sake. Nor would I, to whom the liberty of all the citizens has always been the dearest object, ever have abandoned my own. As long as I was on terms of the greatest enmity to Gabinius, Pompeius was in no respect the less my dearest friend. Nor after I had made to his authority that concession to which it was entitled from me, did I feign anything; I could not be- have with treachery so as to injure the very man whom I had just been obliging. For by refusing to be reconciled to my enemy, I was doing no harm to Pompeius; but if I had al- lowed him to reconcile us, and yet had myself been recon- ciled to Gabinius with a treacherous intention, I should have behaved dishonestly, principally, indeed, to myself, but in the next degree to him also. But, however, I will say no more about myself. Let us re- turn to those Alexandrians. What a face those men have ! What audacity ! The other day, when we were present at the trial of Gabinius, they were cross-examined at every third word they said. They declared that the money had not been given to Gabinius. The evidence of Pompeius was read at the same time, to the effect that he had written to the king that no money had been given to Gabinius except for mili- tary purposes. "At that time," says the prosecutor, "the judges refused to believe the Alexandrians." What does he say next ? " Now they do believe them." Why so ? " Be- cause they now affirm what they then denied." What of that? Is this the way in which we are to regard witnesses to refuse them belief when they deny a thing, but to be- lieve the very same men when they affirm a thing? But if they told the truth then, when they spoke with every appear- ance of truth, they are telling lies now. If they told lies then, they must give us. good proof that they are now speaking the truth. Why need I say more? Let them hold their tongues. 262 CICERO We have heard men speak of Alexandria before. Now we know it from our own experience. Thence it is, that every sort of chicanery comes. Thence, I say, comes every sort of deceit. It is from that people that all the plots of the farce- writers are derived. And, indeed, there is nothing which I wish for more, O judges, than to see the witnesses face to face. They gave their evidence a little while ago before this tri- bunal, at the same time that we ourselves did. With what ef- frontery did they then repudiate the charge of this ten thou- sand talents ! You are acquainted by this time with the absurd ways of the Greeks. They shrugged their shoulders at that time, I suppose, in respect of the existing emergency; but now there is no such necessity. When anyone has once per- jured himself he cannot be believed afterward, not even if he swears by more gods than he did before ; especially, O judges, when in trials of this sort there is not usually any room for a new witness ; and on that account the same judges are re- tained who were judges in the case of the original defendant, because everything is already known to them, and nothing new can be invented. Actions on the formula, " What has become of that money ? " are usually decided, not by any proceedings taken especially with reference to them, but by those which were adopted in the case of the original defendant. Therefore, if Gabinius had either given sureties, or if the people had got as large a sum out of his property as the damages amounted to, then, however large a sum had been obtained from him by Postu- mus, none would have been demanded back again. So that it may easily be seen, that in a case of this sort, the money is only demanded back again from anyone who has been clearly proved in the former action to have become possessed of it, But at present what is the question under discussion? Where in the world are we? What can be either said or imagined so unprecedented, so unsuitable, so preposterous as this ? That man is being prosecuted who did not receive any money from the king, as it has been decided that Gabinius did, but who lent a vast sum of money to the king. Therefore, he gave it to Gabinius, as he certainly did not repay it to Postumus. Tell me now, I beg, since the man who owed Postumus money did not pay it to him, but gave money to Gabinius, now that Ga- IN DEFENCE OF CAIUS RABIRIUS POSTUMUS 263 binius is condemned has he paid him back that money, or does he owe it to him still ? " Oh, but Postumus has the money, and is hiding it." For there are men who talk in this way. What a strange sort of ostentation and vain-gloriousness is this! If he had never originally had anything, still, if he had acquired a fortune, there could be no reason why he should conceal his having it. But in the case of a man who had inherited two ample and splendid patrimonial estates, and who had, moreover, in- creased his property by legitimate and honorable means, what reason could there possibly be why he should wish to be sup- posed to have nothing? Are we to believe that, when he was induced by the hope of interest to lend his money, his object was to have as large an estate as possible, but that after he had got back the money which he had lent, he then wished to be thought to be in want ? He is certainly aiming at quite a new sort of glory. " And again," says the prosecutor, " he acted in a very arbitrary manner at Alexandria." I should rather say he was treated in a most arbitrary, ay, in a most insolent manner; he himself had to endure imprisonment. He saw his intimate friends thrown into prison. Death was constantly before his eyes. And at last, naked and needy, he fled from the kingdom. " But his money was employed in commerce in other quarters. We have heard that ships belonging to Pos- tumus arrived at Puteoli, and merchandise belonging to him was seen there, things only showy and of no real value, made of paper, and linen, and glass; and there were several ships entirely filled with such articles ; but there was also one little ship, the contents of which were not known." That voyage to Puteoli (such was the conversation at that time), and the course taken by the crew, and the parade they made, and the fact, too, of the name of Postumus being rather unpopular with some spiteful people, on account of some idea or other respecting his money, filled in one summer numbers of ears with those topics of conversation. But if, O judges, you wish to know the truth if the lib- erality of Caius Caesar, which is very great to everyone, had not been quite incredible toward my client, we should long since have ceased to have Postumus among us in the forum. He by himself, took upon himself the burden of many of Pos- 264 CICERO tumus's friends; and those responsibilities, which during the prosperity of Postumus many of his friends supported by dividing them, now that he is unfortunate, Caesar supports the whole of. You see, O judges, the shadow and phantom of a Roman knight, preserved by the assistance and good faith of one single friend. Nothing can be taken from him except this image of his former dignity, and that Caesar by himself preserves and maintains. And that, even amid his greatest distresses, is still to be attributed to him in an eminent degree. Unless, indeed, this can be effected by a moderate degree of virtue, that so just a man as Caesar should think this my client of so much consequence, especially now that he is in distress and absent, and while he himself is in the enjoyment of such splendid fortune that it is a great thing for him to give a thought to the fortunes of others ; while he is so incessantly busied about the mighty achievements which he has performed and is still performing, that it would be no wonder if he for- got other people altogether; and even if he afterward recol- lected that he had forgotten them, he would easily find excuse for so doing. I have, indeed, before now, become acquainted with many virtues of Caius Caesar, great and incredible virtues. But those other virtues of his are suited as it were to a more ex- tensive theatre, are what I may almost call virtues to catch the eye of the people. To select a place for a camp, to array an army, to storm cities, to put to flight the army of the ene- my, to endure the severity of cold and bad weather, which we can hardly support sheltered by the houses of this city; at this very time 2 to be pursuing the enemy, at a time when even the wild beasts hide themselves in their lurking-places, and when all wars are suspended by the general consent of nations; these are great deeds: who denies it? But still they are prompted by vast rewards, being handed down to the eternal recollection of men. So that there is less reason to wonder at a man's performing them who is ambitious of im- mortality. This is wonderful praise, which is not celebrated by the verses of poets, nor by the records of annals, but is estimated by the judgments of wise men. He took up the cause of a * This trial took place in January. IN DEFENCE OF CAIUS RABINIUS POSTUMUS 265 Roman knight, his own ancient friend, one zealous for, at- tached and devoted to himself, who was getting involved in difficulties; not through licentiousness, nor through any dis- creditable expense and waste to gratify his passions, but through an honest endeavor to increase his fortune ; he would not allow him to fall; he propped him up and supported him with his estate, his fortune, and his good faith, and he supports him to this day. Nor will he allow his friend, trembling in the balance as he is, to fall ; nor does the splendor of his own reputation at all dazzle his eyes, nor does the height of his own position and of his own renown at all obscure the piercing vision of his mind. Grant that those achievements of his are great things, as in truth they are; everyone else may agree with my opinion or not, as he pleases, for I, amid all his power and all his good fortune, prefer this liberality of his toward his friends, and his recollection of old friendship, to all the rest of his virtues. And you, O judges, ought not only not to de- spise or to regret this goodness of so novel a kind, so unusual in illustrious and pre-eminently powerful men, but even to em- brace and increase it ; and so much the more, because you see that these days have been taken for the purpose of, as it were, undermining his dignity; from which nothing can be taken which he will not either bravely bear, or easily replace. But if he hears that his dearest friend has been stripped of his hon- orable position, that he will not endure without just indigna- tion ; and yet he will not have lost what he can have no possi- ble hope of ever recovering. These arguments ought to be quite sufficient for men who are of a just disposition; and more than sufficient for you, who we feel sure are men of the greatest justice. But, in order fully to satisfy everybody's suspicions or malevolence, or 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 ? 3 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 1 Those who bought a property took it with all its liabilities. 2 66 CICERO 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 anything; 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 everyone may be repaid his principal. He has no concern about anything 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 anything 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 claimed 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 of my departure with your companions, with your protection, and even as much gold as that time would 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 was tried for his life. But at present I am afraid of everything: 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 are by your own relations; but, as for me, grief enfeebles and stifles 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 Roman knight, of the enjoyment of this light, and of the pleasure of IN DEFENCE OF CAIUS RABINIUS POSTUMUS 267 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 already de- prived him of, if the power of one single friend had not come to his assistance. SPEECH IN BEHALF OF MARCUS CLAUDIUS MARCELLUS THE ARGUMENT Marcus Claudius Marcellus was descended from the most illustrious families at Rome, and had been consul with Servius Sulpicius Rufus; in which office he had given great offence to Caesar by making a mo- tion 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, Cicero 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 interpret it as a proof that he despaired of the republic. Caesar, though he saw the Senate unanimous in their petition for Marcellus, 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 repub- lic, as he mentions in his letters (Ep. Fam. xiii. 68). 270 SPEECH IN BEHALF OF MARCUS CLAUDIUS MARCELLUS THIS day, 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 saying what my wishes and opinions are. For I can- not by any means pass over in silence such great humanity, such unprecedented and unheard-of clemency, such moderation in the exercise of supreme and universal power, such incredi- ble and almost godlike wisdom. For now that Marcus Mar- cellus, O conscript fathers, has been restored to you and the republic, I think that not only his voice and authority are pre- served and restored to you and to the republic, but my own also. For I was concerned, O conscript fathers, and most exceed- ingly grieved, when 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 everybody, 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 271 2?2 CICERO 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- ing one. And he, too, is fortunate whose safety is now the cause of scarcely less joy to all other men than it will be to himself when he is informed of it. And this honor was de- servedly and most rightfully fallen to his lot. For who is superior to him either in nobleness of birth, or in honesty, or in zeal for virtuous studies, or in purity of life, or in any de- scription whatever of excellence ? 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 Caesar, plainly to relate all your achieve- ments. Nevertheless, I assert, and with your leave I main- tain, 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 fre- quent conversations, that all the exploits of our own generals, all those of foreign nations and of most powerful states, all the mighty deeds of the most illustrious monarchs, can be com- pared with yours neither in the magnitude of your wars, nor in the number of your battles, nor in the variety of countries which you have conquered, nor in the rapidity of your con- quests, nor in the great difference of character with which your wars have been marked; and that those countries the most remote from each other could not be travelled over more rapidly by anyone 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 IN BEHALF OF MARCUS CLAUDIUS MARCELLUS 273 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 earned, 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 all human affairs, Fortune herself, cannot thrust herself into any participation in that glory; she yields to you; she confesses that it is all your own, your peculiar private desert. For rash- ness is never united with wisdom, nor is chance ever admitted to regulate affairs conducted with prudence. You have subdued nations, savage in their barbarism, count- less in their numbers, boundless, if we regard the extent of country peopled by them, and rich in every kind of resource ; but still you were only conquering things, the nature and con- dition of which was such that they could be overcome by force. For there is no strength so great that it cannot be weakened and broken by arms and violence. But to subdue one's inclina- tions, to master one's angry feelings, to be moderate 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 are 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 Caesar, 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 anything which has been done with clemency, with humanity, with jus- tice, with moderation, and with wisdom, especially in a time 18 274 CICERO 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 everything which the fortune of war has left to the republic, oh, with what praises must we extol you? 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 eager 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. In truth, O conscript fathers, when I just now, in common 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 Marcelli who are dead, and you have saved that most noble family, now re- duced to a small number, from perishing. You, therefore, 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 end 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 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 cannot, when it is only heard, IN BEHALF OF MARCUS CLAUDIUS MARCELLUS 275 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. And, O conscript fathers, remark how widely this deci- sion 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 Marcus 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 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 ; for in this assembly, before any decisive steps were taken either way, I said many things in 276 CICERO favor of peace, and even while the war was going on I retained 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 Caesar'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. And in this matter I myself am a witness in favor of 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 Caesar would even raise many from the dead if that were possible, since he does pre- serve 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 habit of indulging in threats not only against those of their enemies 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. 1 Cicero was not present at the battle that on his refusal of it, young Pompey of Pharsalia, but remained at Dyr- was so enraged, that he would have rachium, vexed at his advice being to- killed him on the spot if Cato had not tally disregarded. Cato also remained prevented him. And this is what Mid- at Dyrrachium. When Labienus brought dleton (who quotes the sentence in the them the news of Pompey's defeat, Cato text) thinks that Cicero is alluding to offered Cicero the command, as the su- here, perior in dignity; and Plutarch relates, IN BEHALF OF MARCUS CLAUDIUS MARCELLUS 277 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 congratulate 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 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. 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 278 CICERO would rather appear too fearful, than not sufficiently prudent. But still, who is there so frantic? Anyone 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? Anyone 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. 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 everything, 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 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? All things, O Caius Caesar, which you now see lying strick- en 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 reestablished, confidence must be restored, licentiousness must be repressed, the increase of population must be encouraged, everything which has become lax and disordered must be braced up and strengthened by strict laws. In so vast a civil war, when IN BEHALF OF MARCUS CLAUDIUS MARCELLUS 279 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 many 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 your 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 saying of yours, " 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, 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 men 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 anything greater still. And if, O Caius Caesar, this was to be the result of your immortal achievements, that after con- quering all your enemies, you were to leave the republic in the state in which it now is ; then beware, I beg of you, lest your virtue should earn admiration rather than solid glory; 2 8o CICERO since the glory which is illustrious and which is celebrated 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. 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 discharged 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 applied to what has an end ? And when the end comes, then all past pleasure is to be accounted as noth- ing, because there is none to come after it. Although that spirit of yours has 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 con- sidered your life which is contained in your body and in your breath. That 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 you must be subservient to ; it is to this that you ought to display yourself ; which indeed has long ago had many actions of yours to ad- mire, and which now is expecting some which it may also praise. 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 IN BEHALF OF MARCUS CLAUDIUS MARCELLUS 281 war by the safety of the country, so that the one shall appear to have been the effect of destiny and the other the work of your own practical wisdom. Have regard, then, to those judges who will judge you many ages afterward, and who will very likely judge you more honestly than we can. For their judg- ment will be unbiased by affection or by ambition, 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. The inclinations of the citizens have been very diverse, and their opinions much distracted ; for we showed our variance, not only by our counsels and desires, but by arms and warlike operations. And there was no 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 repub- lic has at last come to the end of this miserable and fatal war ; that man has been victorious who has not allowed his animos- ities to be inflamed by good fortune, but who has mitigated them by the goodness of his disposition ; and who did not con- sider 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 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 con- stancy in others. But now all dissension 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 sentiments 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 consti- tution and these things around us to be safe exhort and en- treat you to take care of your own life, to consult your own 282 CICERO safety ; and we all promise to you (that I may say also on behalf of others what I feel respecting 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 assist in those precautions, but we promise to oppose our sides and our bodies as a shield against every dan- ger which can threaten you. 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 that 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 necessary for all of them to stand up and say so, they wish it at all events that by me, who 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 re- public. 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. Therefore, O Caius Caesar, I thank you, as if though I have not only been preserved in every sort of manner, but also loaded with distinctions by you still, by this action of yours, a crown- ing kindness of the greatest importance was added to the al- ready innumerable benefits which you have heaped upon me, which I did not before believe were capable of any augmenta- tion. SPEECH IN DEFENCE OF QUINTUS LIGARIUS THE ARGUMENT Quintus Ligarius was a Roman knight, who had been one of the lieutenants of Considius, the proconsul of Africa, and one of Pompey's partisans, 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 Caesar to pardon him. While Caesar was hesitating, Quintus Tubero, who was an ancient enemy of his, knowing that Caesar was very unwilling to restore him (for Ligarius was a great lover of liberty), impeached him as having behaved with great violence in the prosecution of the African War against Caesar, who privately encouraged this proceeding, and ordered the action 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 afterwards became a great friend of Brutus, and joined him in the conspiracy against Caesar. 284 SPEECH IN DEFENCE OF QUINTUS LIGARIUS IT is a new crime, and one never heard of before this day, O Caius Caesar, which my relation Quintus Tubero has brought before you, when he accuses Quintus Ligarius with having been in Africa; and that charge Caius Panso, a man of eminent genius, relying perhaps on that intimacy with you which he enjoys, has ventured to confess. Therfore I do not know which way I had best proceed. For I had come prepared, as you did not know that fact of your own knowledge, and could not have heard it from any other quarter, to abuse your igno- rance in order to further the safety of a miserable man. But, however, since that which was previously unknown 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 my 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 Con- sidius, in which lieutenancy he made himself so acceptable, both to our citizens there and to our allies, that Considius on depart- ing from the province could not have given satisfaction to those men if he had appointed any one else to govern it. Therefore, 285 286 CICERO Quintus Ligarius, after refusing it for a long time without ef- fect, took upon himself the government of the province against his will. And while peace lasted he governed it in such a man- ner 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 leader, at first only with the object of secur- ing their safety, and afterward with that of indulging their party spirit ; while Ligarius, 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 meantime, Publius Attius Varus, who as praetor had obtained the province of Africa, came to Utica. Every one immediately flocked to him, and he seized on the government with no ordinary eager- ness, 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. 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 peaceful province in such a man- ner, that it wished that peace might last forever. Beyond all question, his departure from Rome with such an object ought not to be and cannot be offensive to you. Was, then, his remain- ing there offensive? Much less. For if it was no discreditable inclination that led to his going thither, it was even an honora- ble necessity which compelled him to remain. Both these times, then, are free from all fault the time when he first went as lieutenant, and the time when, having been demanded by the province, he was appointed governor of Africa. There is a third time : that 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, IN DEFENCE OF QUINTUS LIGARIUS 287 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 re- gret and anxiety on account of the extraordinary affection sub- sisting between him and his brothers, could he possibly remain there with any equanimity when separated from those brothers by the discord of war ? You have, therefore, O Csesar, 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 urging in Ligarius's defense before you, that the inclinations of another were not the same as he admits his own to have been ; nor does he fear your silent thoughts, nor is he under any apprehension as to what, while you are hearing of the con- duct of another, may occur to you respecting his own. See how entirely free from fear I am. See how brilliantly the light of your liberality and wisdom rises upon me while speak- ing 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 toward its end, I, though compelled by no extraneous force, of my own free judg- ment 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 republic 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 people in the whole empire, still permitted me to be the other; by whose gift it was (this very Caius Pansa, who is here present, 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 con- sidered that he was giving me safety at all, if he did not give it me without my being stripped of any of my previous distinc- tions. 2 88 CICERO 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 and with his earnestness, or because I think that the praises of a young man who is my relative redound somewhat to my own credit. But I ask this, Who is it who thinks that it was any crime in Ligarius to have been in Africa ? Why, the very man who himself also wished to be in Africa, and who com- plains that he was prevented by Ligarius from going there, and who certainly was in arms and fought against Caesar. For, O Tubero, what was that drawn sword of yours doing in the battle of Pharsalia? against whose side was that sword-point of yours aimed? What was the feeling with which you took up arms ? What was your intention ? Where were your eyes ? your hands ? your eagerness of mind ? What were you desirous of? What were you wishing for? I am pressing you too hard. The young man appears to be moved. I will return to myself. I also was in arms in the same camp. But what other object had we, O Tubero, except to be able to do what this man can do now? Shall, then, O Caesar, the speech of those men spur you on to deeds of cruelty, whose im- punity is the great glory of your clemency ? And in this cause, in truth, O Tubero, I am somewhat at a loss to discern your usual prudence, but much more so to see the sagacity of your father, since that man, eminent both for genius and erudition, did not perceive what sort of case this was. For if he had per- ceived it, he would, I doubt not, have preferred that you should conduct it in any manner in the world, rather than as you did. You are accusing one who confesses the facts which you allege against him. That is not enough. You are accusing one who has a case, as I say, better than your own, or, as you yourself allow, at least as good as yours. This is strange enough ; but what I am about to say is a perfect miracle. That accusation of yours does not tend to the point of procuring the condemnation of Quintus Ligarius, but of causing his death. And this is an object which no Roman citizen has ever IN DEFENCE OF QUINTUS LIGARIUS 289 pursued before you. That way of acting is quite foreign. It is the hatred of fickle Greeks or of savage barbarians that is usually excited to the pitch of thirsting for blood. For what else is your object? To prevent him from being at Rome? To prevent him of his country? To hinder him from living with his excellent brothers, with this Titus Brocchus, whom you see in court, his uncle, or with Brocchus's son, his cousin ? To prevent his appearing in his country ? Is that it ? Can he be more deprived of all these things than he is already? He is prevented from approaching Italy ; he is banished. You, there- fore, do not wish to deprive him of his country, of which he al- ready is deprived, but of his life. But even in the time of that dictator who punished with death every one whom he disliked, no one ever proceeded in that manner to accomplish such an end. He himself ordered men to be slain, without any one asking him ; he even invited men to slay them by rewards ; and that cruelty of his was avenged some years afterward by this self-same man whom you now wish to become cruel ! " But I am not asking for his death," you will say. I think indeed that you do not intend to do so, O Tubero. For I know you, I know your father, I know your birth and your name, and the pursuits of your race and family ; your love of virtue, and civilization, and learning ; your many admirable qualities all are known to me. Therefore I know for a certainty that you are not thirsting for blood, but you give no heed to the effect of your prosecution. For the transaction has this tendency, to make you seem not contented with that punishment under which Quintus Ligarius is at present suffering. What further punishment then is there but death ? For if he be in exile, as he is, what more do you require ? That he may never be par- doned ? But this is much more bitter and much harsher. That which we begged for at his house with prayers and tears, throw- ing ourselves at his feet, trusting not so much to the strength of our cause as to his humanity, will you now struggle to prevent our obtaining? Will you interrupt our weeping? and will you forbid us to speak, lying at his feet, with the voice of suppliants ? If, when we were doing this at his house, as we did, and as I hope we did not do in vain, you had all on a sudden burst in, and had begun to cry out, " O Caius Caesar, beware 19 290 CICERO how you pardon, beware how you pity brothers entreating you for the safety of their brother," would you not have re- nounced all humanity by such conduct? How much harder is this, for you to oppose in the forum what we begged of him in his own house! and while numbers are in this distress, to take away from them the refuge which they might find in his clemency ! I will speak plainly, O Caius Caesar, what I feel. If in this splendid fortune of yours your lenity had not been as great as you of your own accord of your own accord, I say (I know well what I am saying), make it, that victory of yours would have been pregnant with the bitterest grief to the state. For how many of the conquering party must have been found who would have wished you to be cruel, when some of even the con- quered party are found to wish it! how many who, wishing no one to be pardoned by you, would have thrown obstacles in the way of your clemency, when even those men whom you yourself have pardoned are unwilling that you should be merci- ful to others ! But if we could prove to Caesar that Ligarius was actually not in Africa at all, if we wished to save an unfortunate citi- zen by an honorable and merciful falsehood ; still it would not be the act of a man, in a case of such danger and peril to a fel- low-citizen, to contradict and refute our falsehood ; and if it were decent for anyone else to do so, it would certainly not be so for one who had himself been in the same case and condition. But, however, it is one thing to be unwilling that Caesar should make a mistake, and another to be unwilling that he should be merciful. Therf you would say, " Beware, O Caesar, of believ- ing all this Ligarius was in Africa. He did bear arms against you." But now what is it that you say ? " Take care you do not pardon him." This is not the language of a man ; but he who uses it to you, O Caius Caesar, will find it an easier matter to abjure his own humanity than to strip you of yours. And the first beginning, and the first proposition of Tubero, I imagine, was this; that he intended to speak of the wicked- ness of Quintus Ligarius. I make no doubt that you wondered how it was that no one made this statement respecting some one else, or how it was that he made it who had been in the same condition himself, or what new crime it was which he was bring- IN DEFENCE OF QUINTUS LIGARIUS 291 ing forward. Do you call that wickedness, Tubero ? Why so ? For that cause has not as yet been attacked by that name. Some call it mistake; some call it fear; those who give it a harder name term it hope, ambition, hatred, obstinacy ; those who use the hardest language style it rashness. But up to this time no one except you has ever called it wickedness. My own opinion is, if any one seeks for a proper and accurate name for our misfortune, that some disaster sent by destiny descended upon and occupied the improvident minds of men ; so that no one ought to \vonder that human counsels were overruled by divine necessity. Let it be allowed to us to be miserable, although that we cannot be when this man is our conqueror. But I am not speaking of those who have perished. Grant that they were ambitious, that they were angry, that they were obstinate men ; but still let Cnaeus Pompeius, for he is dead, and let many others with him, be free from the imputation of wickedness, of insanity, of parricide. When did any one hear such an ex- pression from you, O Caius Caesar? or what other object did your arms propose to themselves except the repelling insult from yourself? What was it that was accomplished by that invincible army of yours, beyond the preservation of its own rights, and of your dignity? What? when you were anxious for peace, was it your object to be able to come to terms of agreement with the wicked, or with the virtuous part of the citizens? To me, of a truth, O Caesar, your services toward me, immense as they are, would certainly not appear so great, if I thought that I had been preserved by you while you con- sidered me a wicked man. And how could you possibly have deserved well of the republic, if you had wished so many wick- ed men to remain with all their dignity unimpaired? Orig- inally, O Caesar, you considered that as a secession, not as a declaration of war ; you considered it as a demonstration, not of hostile hatred, but of civil dissension, in which both parties desired the safety of the republic, but some departed from measures calculated for the general welfare out of an error of judgment, and some out of party spirit. The dignity of the leaders was nearly on a par; but that of those who followed them was perhaps not quite equal; the justice of the cause, too, was at that time doubtful, because there was something 292 CICERO on each side which deserved to be approved of ; but now that is unquestionably entitled to be thought the better cause which even the gods assisted. But now that your clemency is known, who is there who does not think well of that victory, in which no one has fallen except those who fell with arms in their hands ? But to say no more of the general question, let us come to our own individual case. Which do you think was easiest, O Tubero, for Ligarius to depart from Africa, or for you to ab- stain from coming into Africa ? " Could we so abstain," you will say, " after the Senate had voted that we should do so ? " If you ask me, I say, certainly not. But still the same Senate had appointed Ligarius lieutenant. And he obeyed them at a time when men were forced to obey the Senate ; but you obeyed at a time when no one obeyed them who did not like it. Do I then find fault with you? By no means; for a man of your family, of your name, of your race, of your hereditary princi- ples, could not act otherwise. But I do not grant that you have a right to reprove in others the very same conduct which you boast of in yourselves. Tubero's lot was drawn in pursuance of a resolution of the Senate when he himself was not present, when he was even hindered by sickness from being present. He had made up his mind to excuse himself. I know all this from the great intimacy which exists between Lucius Tubero and myself; we were brought up together, in our campaigns we were com- rades, afterward we became connected by marriage, and throughout the whole of our lives, in short, we have been friends ; it has been, moreover, a great bond between us, that we have been devoted to the same studies. I know, therefore, that Tubero wished to remain at home ; but there was a person who contrived matters in such a way, who put forth that most holy name of the republic so artfully, that even had his senti- ments been different from what they were, he would not have been able to support the weight of his language. He submitted to the authority of a most distinguished man, or, I should rather say, he obeyed him. He went off at the same time with those men who were already embarked in the same cause, but he made his journey slower than they. Therefore, he arrived in Africa when it was already occupied ; and from this it is that 2 93 the charge against Ligarius, or rather the enmity against him, has its rise. For if it be a crime in him to have wished to hinder you, it is a no less serious one for you to have wished to obtain Africa, the citadel of all the provinces, a land created for the purpose of waging war against this city, than for somebody else to have preferred obtaining it himself and that some- body was not Ligarius. Varus kept saying that he had the command there ; the fasces he certainly had. But however the case, as to that part of it, may be, what weight is there, O Tu- bero, in this complaint of yours ? " We were admitted into the province." Well, suppose you had been admitted? was it your object to deliver it up to Caesar, or to hold it against Caesar? See, O Caesar, what license, or rather what audacity, your liberality gives us. If Tubero replies that his father would have given up to you that province to which the Senate and the lot which he drew had sent him, I will not hesitate in severe language to reprove that design of his before you yourself, to whose advantage it was that he should do so. For even if the action had been an acceptable one to you, it would not have been thought an honest one by you. But, however, all these topics I will pass over, not so much for fear of offending your most patient ears, as because that I do not wish that Tubero should appear to have been likely to do what he never thought of. You two came, then, into the province of Africa the prov- ince of all others that was most hostile to the views of this vic- torious party, in which there was a most powerful king, an en- emy to this cause, and in which the inclinations of a large and powerful body of Roman settlers were entirely adverse to it. I ask what you intend to do? Though I do not really doubt what you intended to do, when I see what you have done. You were forbidden to set foot in your province, and forbidden, as you state yourselves, with the greatest insults. How did you bear that ? To whom did you carry your complaints of the insults which you had received ? Why, to that man whose au- thority you had followed when you came to join his party in the war. If it had been in Caesar's cause that you were coming to the province, unquestionably, when excluded from the prov- ince, it was to him that you would have gone. But you came 294 CICERO to Pompeius. What is the meaning, then, of this complaint which you now urge before Caesar, when you accuse that man by whom you complain that you were prevented from waging war against Caesar? And as to this part of the business you may boast, for all I care, even though it will be falsely, that you would have given the province up to Caesar, even if you had been forbidden by Varus, and by some others. But I will con- fess that the fault was all Ligarius's, who deprived you of an opportunity of acquiring so much glory. But observe, I pray you, O Caius Caesar, the consistency of that most accomplished man, Lucius Tubero, which even though I thought as highly of it as I do, I still would not mention, if I were not aware that that is a virtue which you are in the habit of praising as much as any. Where, then, was there ever an example of such great consistency in any man? Consistency, do I say? I do not know whether I might not more fitly call it patience. For how few men would have acted in such a man- ner as to return to that same party by which he had been re- jected in a time of civil dissension, and rejected even with cruelty! That is the act of a great mind, and of a man whom no contumely, no violence, and no danger can turn from a side which he has espoused, and from an opinion which he has adopted. Grant that in all other respects Tubero and Varus were on a par, as to honor, that is, and nobleness of birth, and respectability, and genius, which, however, was by no means the case; at all events, Tubero had this great advantage, that he had come to his own province with a legitimate command, in pursuance of a resolution of the Senate. When he was pre- vented from entering it, he did not betake himself to Caesar, lest he should appear to be in a passion ; he did not go home, lest he should be thought inactive ; he did not go into any other dis- trict, lest he might seem to condemn that cause which he had espoused. He came into Macedonia to the camp of Cnaeus Pompeius, to join that very party by whom he had been repulsed with every circumstance of insult. What? when that affair had had no effect on the mind of the man to whom you came, you behaved, after that, with a more languid zeal, I suppose, in his cause? You only stayed in some garrison? But your affections were alienated from his cause? Or were we all, as is the case in a civil war, and IN DEFENCE OF QUINTUS LIGARIUS 295 not more with respect to you two, than with respect to others were we all wholly occupied with a desire of victory? I, in- deed, was at all times an advocate of peace, but that time I was too late. For it was the part of a madman to think of peace when he saw the hostile army in battle array. We all, every one of us, I say, were eager for victory ; you most especially, as you had come into a place where you must inevitably perish if your side were not victorious. Although, as the result now turns out, I make no doubt that you consider your present safety preferable to what would have been the consequences of vic- tory. I would not say these things, O Tubero, if you had any rea- son to repent of your consistency, or Caesar of his kindness. I ask now whether you are seeking to avenge your own injuries, or those of the republic? If those of the republic, what reply can you make with respect to your perseverance in the cause of that other party ? If your own, take care that you are not making a great mistake in thinking that Caesar will be angry with your enemies, after he has pardoned his own. Do I, then, appear to you, O Caesar, to be occupied in the cause of Ligarius ? Do I appear to be speaking of his conduct ? In whatever I said, I have endeavored to refer everything to the leading idea of your humanity, or clemency, or mercy, whichever may be its most proper name. I have, indeed, O Caius Caesar, pleaded many causes with you, while your pur- suit of honors detained you in the forum ; but certainly I never pleaded in this way, "Pardon my client, O judges; he has erred, he has tripped, he did not think. He will never offend again." This is the sort of way in which one pleads with a parent ; to judges one says, " He never did it, he never thought of it, the witnesses are false, the accusation is false." Say, O Caesar, that you are sitting as judge on the conduct of Ligarius. Ask me in what garrison he was. I make no reply. I do not even adduce these arguments, which, perhaps, might have weight even with a judge : " He went as a lieutenant before the war broke out : he was left there in time of peace ; he was overtaken by the war ; in the war itself he was not cruel ; he was in disposition and zeal wholly yours." This is the way in which men are in the habit of pleading before a judge. But I am ad- dressing a parent. " I have erred ; I have acted rashly ; I re- 296 CICERO pent ; I flee to your clemency ; I beg pardon for my fault ; I en- treat you to pardon me :" If no one has gained such indulgence from you, it is an arrogant address. But if many have, then do you give us assistance who have already given us hope. Is it possible that Ligarius should have no reason for hope, when I am allowed to approach you even for the purpose of entreat- ing mercy for another? Although the hope which we entertain in this cause does not rest upon this oration of mine, nor en the zeal of those who entreat you for Ligarius, intimate friends of your own. For I have seen and known what it was that you mainly con- sidered when many men were exerting themselves for any- one's safety; I have seen that the causes of those who were en- treating you had more weight with you than the persons of the advocates, and that you considered, not how much the man who was entreating you was your friend, but how much he was the friend of him for whom he was exerting himself. There- fore, you grant your friends so many favors, that they who en- joy your liberality appear to me sometimes to be happier than you yourself who give them so much. But, however, I see, as I said before, that the causes of those who entreat your mercy have more weight with you than the entreaties themselves; and that you are most moved by those men whose grief, which they display in their petitions to you, is the most genuine. In preserving Quintus Ligarius you will do what will be ac- ceptable to numbers of your intimate friends; but, I entreat you, give weight to the considerations which are accustomed to influence you. I can mention to you most brave men, Sa- bines, men most highly esteemed by you; and the whole of the Sabine district, the flower of Italy and the chief strength of the republic. You are well acquainted with the men. Observe the sadness and grief of all these men. You see yourself the tears and mourning attire of Titus Brocchus, who is here present, and I am in no doubt as to what your opinion of him is : you see the grief of his son. Why need I speak of the brothers of Ligarius? Do not fancy, O Caesar, that we are pleading for the life of one individual only. You must either retain all three of the Lagarii in the city, or banish them all three from the city. Any exile is more desirable for them than their own country, their own house, and their own household gods will be, if this IN DEFENCE OF QUINTUS LIGARIUS 297 their brother is banished by himself. If they act as brothers should if they behave with affection and with genuine grief, then let their tears, their affection, and their relationship as brothers move you. Let that expression of yours have weight now which gained the victory; for we heard that you said that we thought all men are enemies but those who were with us; but that you considered all men as your friends who were not actually arrayed against you. Do you see, then, this most re- spectable band; do you see the whole house of the Brocchi here present, and Lucius Marcius, and Caius Caesetius, and Lucius Corfidius, and all these Roman knights, who are present here in mourning garments men who are not only well known to, but highly esteemed by you ? They all were with you then ; and we were full of anger against them we were attacking them ; some even personally threatened them. Preserve, there- fore, their friends to your friends ; so that, like everything else which has been said by you, this, too, may be found to be strictly true. But if you were able to look into the hearts of the Ligarii, so as to see the perfect unanimity which subsists between them, you would think that all the brothers were on your side. Can anyone entertain a doubt that, if Quintus Ligarius had been able to be in Italy, he would also have adopted the same opinions as his brothers adopted? Who is there who is not acquainted with the harmony existing between them, united and molten together, as I may say, by their nearness of age to one another? Who does not feel that anything in the world was more likely than that these brothers should adopt different opinions and embrace different parties? By inclination, therefore, they were all with you. Owing to the necessity of the times, one was separated from you; but he, even if he had done what he did deliberately, would still have been only like those men whom, nevertheless, you have shown yourself desirous to save. However, grant that he went up of his own accord to the war, and that he departed, not only from you, but also from his brothers. These friends of your own entreat you to par- don him. I, indeed, at the time when I was present at, and mixed up in, all your affairs, remember well what was the be- havior of Titus Ligarius at that time, when he was city quaes- 29 8 CICERO tor, with reference to you and your dignity. But it is of no importance for me to remember this. I hope that you, too, who are not in the habit of forgetting anything, except the in- juries which have been done to you, since it is a part of your character, a part of your natural disposition, to do so, while you are thinking of the manner in which he conducted him- self 1 in the discharge of his duty as quaestor, and while you remember, too, how some other quaestors behaved, I hope, I say, that you will also recollect this. This Titus Ligarius, then, who had at that time no other object except to induce you to think him attached to your interests, and a virtuous man also (for he could never foresee these present circumstances), now as a suppliant begs the safe- ty of his brother from you. And when, urged by the recol- lection of his devotion to you, you have granted that safety to these men, you will by so doing have made a present of three most virtuous and upright brothers, not only to themselves, nor to these men, numerous and respectable as they are, nor to us who are their intimate friends, but also to the republic. That, therefore, which in the case of that most noble and most illustrious man, Marcus Marcellus, you lately did in the sen- ate-house, do now also in the forum with respect to these most virtuous brothers, who are so highly esteemed by all the crowd here present. As you granted him to the Senate, so grant this man to the people, whose affections you have always consid- ered most important to you. And if that day was one most glorious to you, and at the same time most acceptable to the Roman people, do not, I entreat you do not hesitate to earn the praise of a glory like that as frequently as possible. For there is nothing so calculated to win the affections of the people as kindness. Of all your many virtues, there is none more admirable, none more beloved than your mercy. For there is no action by which men make a nearer approach to the gods, than by conferring safety on others. Fortune has no greater gifts for you than when it bestows on you the abil- * There is some uncertainty as to what affairs, which is certainly true, while Cicero alludes to here. Most of the he says here that he had at the time that commentators think that Ligarius must he alludes to. He thinks, therefore, that have been quaestor when Metellus and Cicero is alluding to what took place the rest of his colleagues endeavored to in the consulship of Lentulus and prevent Caesar from taking the money Philippus (the year of Cicero's recall), from the public treasury; but Fabritius respecting the vote of pay to Caesar's objects to this view, that at that time army in Gaul. Cicero had no connection with Caesar's IN DEFENCE OF QUINTUS LIGARIUS 299 ity nature has no better endowment for you than when it bestows on you the will, to save as many people as possible. The cause of my client, perhaps, requires a longer speech than this : a shorter one would certainly be sufficient for a man of your natural disposition. Wherefore, as I think it more de- sirable for you to converse, as it were, with yourself, than for me or anyone else to be speaking to you, I shall now make an end. This only will I remind you of, that if you do grant this protection to him who is absent, you will be giving it also to all these men who are here present. SPEECH IN BEHALF OF KING DEIOTARUS THE ARGUMENT This speech, like those for Marcellus and Ligarius, was addressel to Caesar. Deiotarus was king of Galatia, and during Cicero's pro- consulship in Cilicia he had formed a friendship with him, and had been of great assistance to him in his campaign against Pacorus and the Parthians. Having been an adherent of Pompey, he had already been deprived of a considerable part of his dominions by Csesar, and he was now accused by his grandson, who was aware of Caesar's in- veterate dislike of him, of having formed a design against Caesar's life four years before, when he entertained him in his palace on his return from Egypt. It is probable that Csesar was aware of the ground- lessness of the charge, but countenanced it, and allowed it to be brought before him, in the hopes of finding a pretext for stripping the king of all the rest of his dominions. Brutus espoused Deiotarus's cause very warmly, and went towards Spain to meet Caesar, and made him a most earnest address in favor of Deiotarus. The present trial was held in Caesar's house, and Cicero proved the king's innocence so completely that Caesar was unable to condemn him; but, as he would not acquit him, he adjourned the further con- sideration of the matter till he himself could go into the East and investigate the affair on the spot. This speech was delivered in the year of Caesar's fourth consulship; the year before he was killed. 302 SPEECH IN BEHALF OF KING DEIOTARUS IN all causes of more than ordinary importance, O Caius Caesar, I am accustomed, at the beginning of my speech, to be more vehemently affected than either common cus- tom or my own age appears to require. And in this particular cause I am agitated by so many considerations, that in pro- portion as my fidelity to my friend inspires me with zeal to defend the safety of King Deiotarus, in the same proportion do my fears take away from my ability to do so. In the first place, I am speaking in defence of the life and fortunes of a king; and although there is no particular injustice in such a fact, especially when it is one's self who is in danger, yet it is so unusual for a king to be tried for his life, that up to this time no such thing has ever been heard of. In the second place, I am compelled now to defend against a most atrocious accusa- tion that very king whom I, in common with all the Senate, used formerly to extol on account of his uninterrupted services toward our republic. There is this further consideration, that I am disturbed by the cruelty of one of the prosecutors, and by the unworthy conduct of the other. O cruel, not to say wicked and impious, Castor! a grand- son, who has brought his grandfather into danger of his life, and has caused that man to dread his youth, whose old age he was bound to defend and protect ; who has sought to recom- mend his entrance into life to our favor by impiety and wick- edness; who has instigated his grandfather's slave, whom he corrupted by bribes, to accuse his master, and has carried him away from the feet of the king's ambassadors. But when I saw the countenance and heard the words of this runaway slave, accusing his master his absent master his master, who was a most devoted friend to our republic I did not feel so much grief at the depressed condition of the monarch himself, as fear for the general fortunes of everyone. 33 304 CICERO For though, according to the usage of our ancestors, it is not lawful to examine a slave as a witness against his master, not even by torture in which mode of examination pain might, perhaps, elicit the truth from a man even against his will a slave has arisen, who, without any compulsion, accuses him against whom he might not legally say a word even on the rack. This thing also, O Caius Caesar, at times disturbs me; which, however, I cease to fear when I come to a complete recollection of your disposition. For in principle it is an un- just thing, but by your wisdom it becomes a most just one. For it is a serious business (if you consider the matter by itself) to speak concerning a crime before that man against whose life you are accused of having meditated that crime; for there is hardly anybody who, when he is a judge in any matter in which his own safety is at stake, does not act with more partiality toward himself than toward the accused per- son; but, O Caius Caesar, your admirable and extraordinary natural virtue to a great extent releases me from this fear. For I am not so much afraid what you may wish to decide with respect to King Deiotarus, as I am sure what you wish to decide in all other cases. I am affected, also, by the unusual circumstances of the trial in this place ; because I am pleading so important a cause one, the fellow of which has never been brought under discus- sion within the walls of a private house ; I am pleading it out of the hearing of any court or body of auditors, which are a great support and encouragement to an orator. I rest on nothing but your eyes, your person and countenance ; I behold you alone ; the whole of my speech is necessarily confined to you alone. And if those considerations are very important as regards my hope of establishing the truth, they for all that are impediments of the energy of my mind, and to the proper en- thusiasm and ardor of speaking. For if, O Caius Caesar, I were pleading this cause in the forum, still having you for my auditor and my judge, with what great cheerfulness would the concourse of the Roman people inspire me ! For what citizen would do otherwise than favor that king, the whole of whose life he would recollect had been spent in the wars of the Roman people ? I should be beholding SPEECH IN BEHALF OF KING DEIOTARUS 305 the senate-house, I should be surveying the forum, I should call the heaven above me itself to witness ; and so, while calling to mind the kindness of the immortal gods, and of the Roman people, and of the Senate to king Deiotarus, it would be im- possible for me to be at a loss for topics or arguments for my speech. But since the walls of a house narrow all these topics, and since the pleading of the cause is greatly crippled by the place, it behooves you, O Csesar, who have yourself often pleaded for many defendants, to consider within yourself what my feelings at present must be; so that your justice, and also your careful attention in listening to me, may the more easily lessen my natural agitation and anxiety. But before I say anything about the accusation itself, I will say a few words about the hopes entertained by the accusers. For though they appear to be possessed of no great skill or ex- perience in affairs, nevertheless they have never, surely, under- taken this cause without some hope or other and some definite design. They were not ignorant that you were offended with king Deiotarus. They recollected that he had been already exposed to some inconvenience and loss on account of the displeasure with which you regarded him ; and while they knew that you were angry with him, they had had proofs also that you were friendly to them. And as they would be speaking before you of a matter involving personal danger to yourself, they reck- oned that a fictitious charge would easily lodge in your mind, which was already sore. Wherefore, O Caius Caesar, first of all by your good faith, and wisdom, and firmness, and clemency deliver us from this fear, and prevent our suspecting that there is any ill temper lurking in you. I entreat you by that right hand of yours which you pledged in token of everlasting friend- ship to king Deiotarus ; by that right hand, I say, which is not more trustworthy in wars or in battles than in promises and pledges of good faith. You have chosen to enter his house, you have chosen to renew with him the ancient ties of friend- ship and hospitality. His household gods have received you under their protection; the altars and hearths of king Deiotarus have beheld you at peace with and friendly towards him. You are accustomed, O Caius Caesar, not only to be prevailed 306 CICERO upon by entreaties easily, but to be prevailed on once for all. No enemy has ever been reconciled to you who has found any remnant of hostility remaining in your breast afterward. Al- though, who is there who has not heard of your complaints against king Deiotarus ? You have never accused him as being an enemy to you, but as being a friend very slack in his duty; because his inclination led him more to friendships with Cnaeus Pompeius than with you. And yet that very fact you said that you would have pardoned, if when he sent reinforcements and even his son to Pompeius, he had himself availed himself of the excuse furnished him by his age. And in this way, while you were acquitting him of the most important charges, you left be- hind only the little blame of his friendship for another. There- fore, you not only abstained from punishing him, but you re- leased him from all apprehension; you acknowledged him as your friend, you left him king. And, indeed, his proceedings were not dictated by any hatred of you ; he fell by the general error of us all. That king, whom the Senate had repeatedly ad- dressed by this name, using it in decrees most complimentary to him, and who from his youth up had always considered that order most important and most sacred, being a man living at a great distance, and a foreigner by birth, was perplexed by the same affairs which embarrassed us who were born and who at all times had lived in the middle of the republic. When he heard that men had taken arms by the authority of the Senate, acting with great unanimity; that the defence of the republic had been intrusted to the consuls, the praetors, the tribunes of the people, and to all of us who had received the title of Imperator, he was agitated in his mind, and being a man most deeply attached to this empire, he became alarmed for the safety of the Roman people, in which also he considered that his own was bound up. And being in a state of the greatest alarm, he thought it best to remain quiet himself. But he was beyond measure agitated when he heard that the consuls had fled from Italy, and all the men of consular rank (for so it was reported) with them, and all the Senate, and that the whole of Italy was emptied. For the road was wide open for all such messengers and reports to travel to the East, and no true accounts followed. He never heard a word of the conditions which you offered, nor of your eagerness for concord and peace, nor of the way in SPEECH IN BEHALF OF KING DEIOTARUS 37 which certain men conspired against your dignity. And though this was the state of things, still he continued quiet until ambas- sadors and letters came to him from Cnaeus Pompeius. Pardon Deiotarus, pardon him, I entreat you, O Caesar, if he, though a king, yielded to the authority of that man whom we all followed, and on whom both gods and men had heaped every sort of dis- tinction, and on whom you yourself had conferred the most numerous and most important honors 1 of all. Nor, indeed, does it follow that, because your exploits have thrown a cloud over the praises of others, we have, therefore, entirely lost all recollection of Cnaeus Pompeius. Who is there who is ignorant how great the name of that man was, how great his influence, how great his renown in every description of war, how great were the honors paid him by the Roman people, and by the Senate, and by you yourself? He had surpassed all his prede- cessors in glory as much as you have surpassed all the world. Therefore, we used to count up with admiration the wars and the victories, and the triumphs, and the consulships, of Cnaeus Pompeius. But yours we are wholly unable to reckon. To him then came king Deiotarus in this miserable and fatal war, to him whom he had previously assisted in his regular wars against the enemies of Rome, and with whom he was bound, not only by ties of hospitality, but also by personal intimacy. And he came, either because he had been asked, as a friend; or be- cause he had been sent for as an ally; or because he had been summoned, like one who had learned to obey the Senate; and last of all, he joined the losing, not the winning side. Therefore, after the result of the battle of Pharsalia, he de- parted from Pompeius; he did not choose to persist in hopes of which he saw no end. He thought he had done quite enough to satisfy the claims of duty, if indeed he was under any such obli- gations, and that he had made quite mistake enough if he had ignorantly erred. He returned home; and all the time that you were engaged in the Alexandrian War, he consulted your in- terests. He supported in his palaces and from his own resources the army of Cnaeus Domitius, that most distinguished man. He sent money to Ephesus to him whom you selected as the most faithful and most highly esteemed of all your friends. He gave him money a second time; he gave him money a third time for 1 For Caesar had given Pompey his daughter in marriage. 3 o8 CICERO you to employ in the war, though he was forced to sell property by auction in order to raise it. He exposed his own person to danger, and he was with you, serving in your army against Pharnaces, and he considered him as his dwn enemy because he was yours. And all those actions of his were accepted by you, O Caius Caesar, in such a spirit that you paid him the highest possible honors, and confirmed him in the dignity and title of king. He, therefore, having been not only released from danger by you, but having been also distinguished by you with the highest honors, is now accused of having intended to assassinate you in his own house a thing which you cannot in truth possibly suspect, unless you consider him to have been utterly mad. For, to say nothing of what a deed of enormous wickedness it would have been to assassinate his guest in the sight of his own household gods; what a deed of enormous unreasonableness it would have been to have extinguished the brightest light of all nations, and of all human recollection ; what a deed of enormous ferocity it would have been to have had no dread of the con- queror of the whole earth; what a sign of an inhuman and un- grateful disposition it would have been to be found to behave like a despot to the very man by whom he had been addressed as a king; to say nothing of all this, what a deed of utter frenzy would it have been to rouse all kings, of whom there were num- bers on the borders of his own kingdom, all free nations, all the allies, all the provinces, all the arms, in short, of every people on earth against himself alone ! To what misery would he not have exposed his kingdom, his house, his wife, and his beloved son, not merely by the accomplishment of such a crime, but even by the bare idea of it! But I suppose that improvident and rash man did not see all this! On the contrary, who is a more considerate man than he? Who is more secret in his plans? Who is more prudent? Al- though in this place it is not so much on the ground of clever- ness and prudence that it seems to me that I should defend Deio- tarus, as on that of good faith and religious feeling and conduct. You are well acquainted, O Caius Caesar, with the honesty of the man, with his virtuous habits, with his wisdom and firmness. Indeed, who is there who has ever heard of the name of the Roman people, who has not heard also of the integrity, and wis- SPEECH IN BEHALF OF KING DEIOTARUS 309 dom, and virtue, and good faith of Deiotarus? A crime, then, that cannot be imputed to an imprudent man, on account of his fear of instant destruction, nor to an unscrupulous man, unless he be at the same time utterly insane; will you pretend that such a crime was thought of by a most virtuous man, and one too who was never accounted a fool? And in what a way do you try and support this invention! in a way not only not calculated to win belief, but not even such as to give rise to the least suspicion. When, says the prosecutor, you had come to the Luceian fort, and had turned aside to the palace of the king your entertainer, there was a certain place where all those things were arranged which the king had settled to offer you as presents. To this place he intended to conduct you on coming out of the bath, before you lay down ; for there were armed men stationed in that very place on purpose to kill you. This is the charge; this is the reason why a runaway should accuse a monarch, a slave accuse his master! I, in truth, O Caius Caesar, at the very beginning, when the cause was origi- nally laid before me, was struck with a suspicion that Phidippus the physician, one of the king's slaves, who had been sent with the ambassadors, had been corrupted by that young man. He has suborned the physician to act as informer, thought I ; he will be sure to invent some accusation of poisoning. Although my conjecture was some way from the exact truth, it was not much out as to the general principle of the accusation. What says the physician? Not a word about poison. But in the first place, that might have been administered much more secretly in a potion or in food ; in the second place, a crime is committed in that way with greater impunity, because when it has been done, it can be denied. If he had assassinated you openly, he would have brought upon himself not only the hatred of all nations, but their arms also. If he had slain you by poison, to be sure he never would have been able to conceal the action from the divine wrath of the Jupiter who presides over hospitality, but he might perhaps have concealed it from men. Are we, then, to suppose that that which he might have attempted in secret, and have executed with great caution, he never intrusted to you who were a skilful physician, and, as he believed, a faithful servant, and yet that he could conceal nothing from you with respect to arms, and blood, and ambuscade? And how cleverly is the 3IO CICERO whole accusation worked up! It was your own good fortune, says he, that fortune which always preserves you, which saved you then. You said that you did not wish at that moment to see the presents. What happened afterward? Did Deiotarus, after he had failed in accomplishing the business at that time, at once dismiss his army? was there no other place where he could set an am- bush? But you said that when you had supped you would come back again the same way; and you did so. Was it a very difficult job to detain the armed men one or two hours in the place where they had been stationed? After you had spent your time at the banquet courteously and merrily, then you went back that way, as you had said ; and then and there you found that the behavior of Deiotarus to you resembled that of king Attalus to Publius Africanus: to whom, as we have read, he sent the most magnificent gifts from Asia to Numantia; which Africanus ac- cepted in the sight of all his army. And when Deiotarus, being present with you, had done all this in a kingly spirit and with royal courtesy, you departed to your chamber. I entreat you, O Caesar, trace back your recollection of that time, bring that day back before your eyes, remember the countenances of the men who were then gazing on you and admiring you; was there any trepidation among them? any disorder? Was anything done except in an orderly and quiet manner except as became the establishment of a dignified and honorable man? What rea- son then can be imagined why he should have intended to mur- der you after you had bathed, and why he should not have chosen to do so after you had supped? " Oh, he put it off," says the prosecutor, " till the next day, in order that when he arrived at the Luceian fort, he might there put his designs in execution." I do not understand the effect of his changing the place; but still the whole case was conducted in an incrimina- tory manner. " When," says the prosecutor, " you said after supper that you wished to vomit, they began to lead you to the bath-room; for that was the place where the ambuscade was; but still that same fortune of yours saved you ; you said that you had rather go to your bedroom." May the gods forgive you, you runaway slave! Are you so utterly, not only worthless and infamous, but also stupid and senseless? What? were they brazen statues that he had planted in ambush, so that they could not be moved from the bath-room to the bed-chamber? SPEECH IN BEHALF OF KING DEIOTARUS 311 Here you have the whole charge as to the ambuscade : for he said nothing further. " In all this," says he, " I was his accom- plice." What do you mean? Was he so demented as to allow a man to leave him who was privy to so enormous a wickedness? As even to send him to Rome, where he knew his grandson was, who was most bitterly hostile to him, and where Caius Caesar was, against whom he had laid this plot? especially when he was the only man who could give any information against him in his absence. " My brothers too," says he, " because they also were privy to it, he threw into prison." When, then, he was putting those men in prison whom he had with him, did he leave you at large and send you to Rome you who knew the very same facts which you say that they knew? The remainder of the accusation was of a twofold character; one part of which was, that the king was always at his watch- tower because he was so disaffected to your interests; the other, that he had levied a large army against you. As to the army, I will reply to that charge in a very few words, as I will to the rest of the charges. King Deiotarus never had any forces with which he could have made war upon the Roman people; but only just sufficient to protect his own territories from the incur- sions of enemies, and to send reinforcements to our generals. And before this timehe was able to maintain a larger force than he can now; at present he can with difficulty keep up a very small one. " Oh, but he sent to Caecilius; I don't know who it was he sent, but he threw those whom he sent, or rather ordered to go, into prison, because they would not go." I do not stop to ask how far it is probable that a king should have had no one to send; or that those whom he ordered to go should not have obeyed him ; or how it was that those men who refused obedi- ence in so important an affair, were put in prison, and not exe- cuted; but still, when he was sending Caecilius, 2 was he ignor- ant that that party had been defeated, or did he think that Caecilius a person of great importance? a man whom he, who was well acquainted with our leading men, would have despised because he knew him, and just as much because he did not know him. He added, also, that he did not send his best cavalry; I dare say, they were old troops, O Caesar : nothing to your cav- * This was Quintius Ca-cilius Brassus, some of the remnants of his army in a zealous partisan of Pompey's, who Syria, with which he afterward joined after the battle of Pharsalia collected Cassius after the death of Caesar. 312 CICERO airy; but still they were the best men he had, his picked men. He says that one of the body was recognized as being a slave ; I do not believe it; I never heard of it. But still, even if such a thing had happened, I should not conceive that that was any fault of the king's. " He was very ill-disposed towards you." How so? He hoped, I suppose, that you would find it difficult to get out of Alexandria, on account of the nature of the country and of the river. But, at that very time, he supplied you with money, and with provisions for your army ; he co-operated to the utmost of his power with the officer to whom you had given command in Asia; he assisted you when victorious, not only in the way of affording you hospitality, but with you he encountered danger, and stood by your side in the array of battle. The African War followed: there were unfavorable reports spread about you, which also roused that frantic Caecilius. What on that occasion was the disposition evinced towards you by the king? He sold property by auction, and preferred strip- ping himself, to not supplying you with money. " But," says the prosecutor, " at that very time he was sending men to Nicaea, and to Ephesus, to catch every report that came from Africa, and to bring it to him with all speed." Therefore, when news came that Domitius had perished by shipwreck, and that you were blockaded in some fortress, he quoted a Greek verse with refer- ence to Domitius, having the same meaning as that of our poet: " So can we well afford to lose our friends, If our foes perish in the same destruction: " 3 an expression which he would never have uttered had he been ever so much an enemy to you. For he himself is a man of a humane disposition; and that verse is a savage one. Besides, how could a man be a friend to Domitius, who was an enemy to you? Moreover, why should he be an enemy to you, by whom he might even have been put to death according to the laws of war, and by whom he recollected that he and his son had been appointed kings? What is the next statement? What is the next step taken by this scoundrel? He says that Deiotarus was so elated at this, 1 The Greek proverb is given by from any Latin poet, it is not known Plutarch as tpptrta